HomeMy WebLinkAbout1979 to 1985 - Fire Protection District 20 Formation and Dissolution November 06,1979 to April 05, 1985r'RE- o i s Tr No, AO
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FARE PtsrRicr No. ao
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INTRODUCED BY,:
PROPOSED BY -:—
r r
Consent
Council
DATE: March 21, 1985
ORDINANCE NO. 85-19
AN ORDINANCE DISSOLVING FIRE PROTECTION DISTRICT NO. 20
WHEREAS, on the loth day of October, 1979, Resolution No.
79-28 was duly adopted, creating Fire Protection District No. 20; aid,
WHEREAS, since that time Fire Protection District No. 20 has
been inactive in accordance with the standards set out in Revised
Code of Washington 36.96; and,
WHEREAS, the Whatcom County Council had a public hearing to
dete'rfTAb the status of Fire Protection District No. 20, wherein
Findings were entered which are incorporated by reference into
this Ordinance as if fully set forth herein; and,
WHEREAS, as a result of said hearing, it was determined by
the Whatcom County Council to be in the public's best interest
that Fire Protection District No. 20 be dissolved;
NOW, THEREFORE, BE IT ORDAINED that Fire Protection District
No. 20 which was duly adopted on the loth day of October, 1979,
shall be dissolved and said district shall cease to exist thirty -ore
(31) days after the adoption of this Ordinance in accordance with
Revised Code of Washington 36.96.040.
PASSED this 4th day of April, 1985.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
William P. Roehl
Chairman
ATTEST; (� APPROVED ( ) VETOED
1 7
�� ShirlUeyVa Zanten
Carol Ebergson Executive
Clerk of the Council
APPROVED AS TO FORM: Date April 5 1985
Randall J. Watts
Civil Deputy Prosecting Attorney
Published on 3 13 21 27 and 1985.
This ordinate is effective on April 15, 1985
F�> t-.7
BEFORE THE WHATCOM COUNTY COUNClldL
RE
�^ »
IN RE THE DISSOLUTION OF )
FIRE PROTECTION DISTRICT
NO. 20 ) FINDINGS OF FACT
DISSOLVING FIRE PROTECTION
DISTRICT NO. 20
THIS MATTER came on regularly for public hearing
before the Whatcom County Council on the 4th day of April, 1985
to determine the status of Fire Protection District No. 20.
The public hearing was held pursuant to RCW 36.96.030, From the
public hearing and the files and records contained herein, the
Whatcom County Council makes the following:
I.
FINDINGS OF FACT
The Whatcom County Auditor has notified the Whatcom
County Council that Fire Protection District No. 20, which is
located wholly within Whatcom County, appears to be inactive,
said notice being in compliance with RCW 36.96.020.
As a result of said notice, the Whatcom County Council
caused to be held a public hearing on the 4th day of April, 1985
to determine whether or not such special purpose district is
inactive.
Notice of this public hearing was given in accordance
with RCW 36.96.030(2).
The District was formed in accordance with Resolution
No. 79-28 which was duly adopted on the loth day of October, 1979.
-1-
The area covered by this District is more commonly
referred to as "ELIZA ISLAND".
At the time of the creation of Fire Protection District
No. 20, there were three (3) full-time residents on the Island
who became the commissioners of the Fire District.
Since that time, one commissioner has passed away and
the other two commissioners have moved off the Island, leaving
no known permanent residents within the ELIZA ISLAND Fire Protection
District No. 20.
The Auditor has affirmed that since its inception,
no actions have been taken by the District. No warrants have
been issued by the District; no claims against the District have
been made by creditors; no signs of any official business have
been taken.
It is in the public's best interest that this District
be dissolved in that the Auditor's Office is required to post
openings in the Commissioners' positions and to treat this District
as any other, although it is not operating at all, taking time
of the Auditor which could be better spent on other public business.
Furthermore, there are no permanent residents within the District
to be able to take the required Commissioners' positions in order
to conduct any business of this Fire District.
BASED UPON THE FOREGOING FINDINGS, the Council finds
that Fire Protection District No. 20 is inactive as defined by
RCW 36.96.010(3) and further, that it is in the public's interest
that this special purpose district be dissolved and therefore,
the Whatcom County Council authorizes the drafting of an ordinance
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in accordance with RCW 36.96.040 to dissolve Fire Protection
District No. 20.
DATED this 5th day of April , 1985.
ATTEST:_
J
Clerk of the Co ncil
APPROVED AS TO FORM:
Randall J. tts
Civil Deputy Prosecuting Attorney
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
BY:
WILLIAM P. ROEHL
Council Chairman
-3-
Pursuant to Council action
on April 4, 1985
JOAN OGDEN, AUDITOR DATE: V - /3 - 4Z
MEMO TO: P'C re . E,.e c rce,✓
FROM: Ve -e , Ark oirt.vo
SUBJECT: /=lizi o 25,i 9.6
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For necessary aQtioi3
Pe- r ci
EQr r
PlansPlense corgect & return
Fr)- it Q3
ge-4eydr
For approval
i TnoompleteJ
Comments: T &Ai/e ?/eVeP- Ae CB/UrD A/L`%
HA A Ze - a &P
Fria i ff P /t u P Ta A I n i A-1c L u b i&L; -r1l, S' P •Y TP
Deputy: ��
IN THE MATTER OF THE DISSOLUTION )
OF FIRE PROTECTION DISTRICT NO. 20 ) AFFIDAVIT OF POSTING
NOTICES
I, Peter J. Griffin , being duly
sworn on oath, state that on the 1A day of March , 1985,
did post three Notices of Hearing regarding the dissolution of
Fire Protection District No. 20.
Said Notices of Hearing were posted at the following
locations:
1. Back Side of Main Dock Signpost
2• Eliza Is. Historical Marker Signpost
3. Door of Marine Shop, Main Harbor
SIGNED
Subscribed and sworn to before me this 14th day of
March , 1985.
1414 �� C
P 0. `Box 398. Bellingham, Washington 98227
TO: Randy Watts
JOAN OGDEN, AUDITOR
Phone 676.6740
Deputy Prosecuting Attorney
FROM: Pete Griffin
Deputy Auditor
DATE: February 19, 1985
RE: Dissolution of Fire Protection Dist. No. 20
Per your request, the Auditing Dept. of the County
Auditor's office has never received any claims from Fire
Protection District No. 20 nor have any warrants been
processed up to and including this date.
Further, no filings or commissioner appointments
have been submitted since the original formation.
Certified: February 1-9, 1985. ,j
P.O. Box 398, Bellingham, Washington 98227
M E M O R A N D U M
TO: Will Roehl
County Councilperson
FROM: Pete Griffin
Deputy Auditor
DATE: January 28, 1985
JOAN OGDEN, AUDITOR
Phone 676-6740
SUBJECT: Dissolution of Fire Protection District No. 20
Enclosed are copies of past communications regarding
Fire Protection Dist. No. 20. As stated in the opinion of
Deputy Prosecuting Attorney, Bruce Disend, (Dated March 28, 1983)
and following memo from Shirley Van Zanten, (Dated March 31, 1983)
the one year period of abeyance has been exceeded.
At this time, we recommend action be taken under R.C.W.
39.96, to dissolve the district prior to this Fall's minor taxing
district elections. See memo to Joan Ogden (Dated April 12, 1983).
This should be accomplished before the filing period in July
to avoid confusion and expenditure of time on a Aon-functioning
district.
CC: Shirley Van Zanten
County Executive
y
WHATCOM COUNTY PROSECUTING ATTORNEY
CHIEF CRIMINAL DEPUTY
Mac D. Setter
CRIMINAL DEPUTIES
Randall J. Watts
Terrance G. Lewis
David C. Cottingham
Martha V. Gross
Mark E. Stanslield
TO:
FROM:
DATE:
RE:
DAVID S. WEACHRAN
Courthouse 311 Grand Avenue
BELLINGHAM, WASHINGTON 98225-4079
(206)676-6784
M E M O R A N D U M
Shirley Van Zanten,
County Council
Bruce L. Disend,
Deputy Prosecuting Attorney
March 28, 1983
CHIEF CIVIL DEPUTY
Eugene R. Moses
CIVIL DEPUTY
JuL.IQgtoend
2 i 1983
WHATCOM COUNTY
COUNCIL
Auditor's Request to Dissolve Fire District 20
This is in response to your memo of March 23, 1983
concerning the above -referenced matter.
The Auditor has requested dissolution of the district
pursuant to RCW 36.96. However, as your memo correctly points
out, that chapter is inapplicable due to the limited amount of
time the district has been in existence. Dissolutions under
RCW 36.96 may only be invoked upon "inactive" districts.
"Inactive is defined in two ways:
1. As a district which has not carried out
any of the special purposes or functions
for which it was formed,within the pre-
ceding consecutive five-year period; or,
2. As a district where no election has been
held for the purpose of electing a member
of the governing body within the preceding
consecutive seven-year period.
Since the district was formed in 1979, four years
ago, neither definition of "inactive" applies.
You ask whether I concur with the early opinions
of this office that the district may be dissolved by means of
a resolution under RCW 53.48.020. I concur that this statute
is one method of dissolving the district, but it cannot be
achieved through Council action.
RCW 53.58.020 provides that a petition for an order
of dissolution "signed by the majority of the board of commis-
sioners' or other governing authority of such district shall be
Memo to Shirley Van Zanten
March 28, 1983
Page Two (2)
presented to the superior court ...." "Board of Commissioners",
as used in that chapter, refers to the governing authority of
the district, not the governing authority of the County. RCW
53.48.010. Therefore, it is up to the district's commissioners
to initiate dissolution under that chapter.
A second method of dissolving the district is
set forth in RCW 52.04.155. A majority vote of the electors
of the district is required to dissolve the district under
this statute.
Phil Serka's 1979 memo suggested a third alternative
for dissolution. This alternative was based upon RCW 53.46.
However, my review of that chapter indicates that it would not
be applicable. The provisions of RCW 53.46 are limited exclu-
sively to port districts.
Unless there is some pressing reason for Council
action at this point, I see no reason why this matter cannot
be held in abeyance. I assume that if the district was con-
cerned about the problem then the two commissioners or the
electors would have taken some action by now. Inanother year
the five-year requirement of RCW 36.96 will be met and Council
could then act under that statute if it was deemed appropriate.
Until that time, however, the law does not provide for dis-
solution by the County Council.
BLD:dla
Phone 616-6690
676-6717
384 -140 3
SCAN 644-6717
COUNTY COUNCIL
311 Grand Avenue
Bellingham, Washington 98225
MEMO TO: Joan Ogden, County Auditor
FROM: Craig W. Cole, Chairperson
DATE: April 12, 1983
Shirley Van Zanten
Donald G Hansey
Craig W Cole
C. J. Johnson
R. W. "Bob" Muenscher
J. V. "Jim" Hawley, Jr
William P. Roehl
SUBJECT: Your request to dissolve Fire District No. 20
The enclosed memorandum from Council member
Van Zanten (dated March 31, 1983) and from Deputy
Prosecutor Bruce Disend (dated March 28, 1983)
was accepted by the Council at its April 7th
meeting as its determination of the matter. In
one more year we can deal with the proposed
dissolution under state law.
Please let me know if you have any questions.
cc: Bruce Disend,
Civil Deputy Prosecuting Attorney
Phone 676-6690
676-6717
34-1403
SCAN 644-6717
/ 4 y
COUNTY COUNCIL
311 Grand Avenue
Bellingham, Washington 98225
Shirley Van Zanten
Donald G. Hansey
Craig W. Cole
C. J. Johnson
R. W. "Bob" Muenscher
J. V. "Jim" Hawley, Jr.
William P. Roehl
MEMO TO: Councilmembers
FROM: Shirley Van Zanten, Chair, Public Services Committee
DATE: March 31, 1983
SUBJECT: Auditor's Request to Dissolve Fire District No. 20
The attached memo from Deputy Prosecuting Attorney
Bruce Disend indicates the County Council has no legal authority
to proceed.with a dissolution of Fire District No. 20 at this
time.
A petition to the Superior Court signed by a majority of
the governing authority of the district could request it.
However, there does not appear to be a functioning governing
authority.
I would advise the Council that we hold the matter in
abeyance for one more year. We can then proceed to a dissolu-
tion of the District under Revised Code of Washington 36.96.
W•5ii �r'' �r �'i
PA. Box 398 Bellingham, washinVon 98225 -
JOAN OGDEN, AUDITOR
Phone 676-6740
25th Feb. 1983
Mr. Craig Cole
Chairman, Whatcom County Council
Whatcom County Courthouse
RE: Dissolution of Fire District No. 20
Mr. Cole,
In preparation for the upcoming fall elections, we
have again been faced with the possibility of handeling
a non -district.
The district, Fire Protection No. 20, as refered to
in correspondence dated 1979 and 1980, copies enclosed,
does not meet the qualifications of law.
We are unable to comply with R.C.W. 36.96.090 requiring
year end statements from special purpose districts since
none has ever been filed. We also have no records of any
commissioners either appointed or elected since the original
formation in November of 1979.
For these reasons we would like the District dissolved
according to chapter 36.96 R.C.W.
Sincerely,
Pete Griffin,for
Joan Ogden
Whatcom County Auditor
X -C1 OA14�1
Chief Criminal Deputy
James M Doran
Criminal Deputies DAVID S. MCEACHRAN
Charles J. Tull
Mac D. Setter WHATCOM COUNTY PROSECUTING ATTORNEY
Steven C. Gish Courthouse 311 Grand Avenue
Randall J. Watts BELLINGHAM, WASHINGTON 98225
(206) 676-6784
November 30, 1979
Memo
TO: Joan Ogden
County Auditor
FROM: Philip A. Serka -~
Civil Deputy Prosecutilig Attorney
RE: Whether Fire Protection District #20 When
only Two of Three County Commissioners had
been validated to Serve on Said District?
INTRODUCTION
Chief Civil Deputy
William A. Gardiner
Civil Deputies
Eugene R. Moses
Philip A Serka
In November of 1979, Fire Protection District No.
20 held an election to choose three resident electors of
said districts as Fire Commissioners for the district. As
a result of the election, two commissioners were chosen.
Remaining votes were cast for an individual who was not a
resident of the Fire District. The two elected to act as
Fire Commissioners are the only resident electors of the
island. In addition, the formation of Fire District No. 20
was formally approved by both the residents at the November
1979 election.
ANALYSIS
R.C.W. 52.12.010 states that:
"The affairs of the districts shall be
managed by a Board of Fire Commissioners
composed of three resident electors of
the district."
This particular provision is clear in stating that it is
mandatory that a Fire District be managed by three com-
missioners.. Thus, the district is incapable of managing its
own affairs with only the two commissioners. Howver, R.C.W.
Joan Ogden
November 30, 1979
Page Two
52.14.110 provides that a Fire District is duly formed
when 3/5ths of the vote of the general election casts its
ballot for the establishment of the district.
Eliza Island Fire District was formed with 100% of
the vote cast (two votes) were cast for the establishment of
the district. It is ironic that the Fire District was
organized and deemed to be unmanagable at the very same
election.
Inability to elect a third commissioner has re-
sulted in a vacancy. Vacancies must be filled by a resident
elector. Resident electors usually means that one must have
physical abode in the area to be qualified to vote in the
district. Appointment is not viable on Eliza Island because
of the lack of a third resident elector on the Island.
When the Fire District is unable to manage its own
affairs, the district should be dissolved. The dissolution of
the district can be accomplished in two ways. R.C.W. 52.04.155
states that the Fire District can be dissolved by majority vote
of the electors at an election for that purpose. Thus, the
two Fire District Commissioners would have to vote for dis-
solution. The other method of dissolving the district can be
found in R.C.W. 53.46.060. The particular provision allows
the county to petition the superior court for dissolution. The
prerequisite to filing the petition is that there must not be
an active Fire District Commissioner body. Thus, it appears
that either method can be utilized in the dissolution of Fire
District No. 20.
If you have any further questions concerning the sub-
ject matter please call.
PAS:tz
Phone 676.6740
Cour[hause, eoil�ieyham. Washington 98225
'.:.?.:r�,ri„� ':'S :w� 'r•. Apr.
r • lea- 'P
ix
JOAN OGDEN, AUDITOR
February 29, 1980
Whatcom County Council
Shirley Van Zanten
Council Chairperson
Courthouse
Bellingham, WA 98225
Dear Mrs. Van Zanten,
Due to the absence of a third Fire Protection District
Number 20 Commissioner, which according to R.C.W. 52.12.010
is necessary for the legal operation of the district, the
Whatcom County Auditor following the procedures of R.C.W.
52.04.155 and 36.96':020 must -notify the County -Legislative
Authority.
Under the provisions of chapter 36, specifically 36.96.080
the sponsors of the district are responsible for the out-
standing debts for the formation election which was held
the 6th day of November, 1979. These debts total $87.26
for the formation hearing publications and the minimum
payment of election costs.
Very truly yours,
Whatcom County Auditor
VA&-"j
940,-,
Joan Ogden
jh
A
O F F I C I A L B A L L O T
WHATCOM COUNTY FIRE PROTECTION
DISTRICT NO. 20
Tuesday, November 6, 1979=f
Place an "X" in the square opposite the ones for whom you wish
to vote.
Whatcom County Fire Protection District No. 20 YES / %
Whatcom County Fire Protection District No. 20 NO
C O M M I S S I O N E R S N O M I N A T E D
Vote for three
Robert B . Mayer . . . . . . . . . . . . .
P . H . Jewell . . . . . . . . . . . . . . . . . .
Irene S. Jewell . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . / /
NOTICE OF SPECIAL ELECTION
ON THE QUESTION OF THE FORMATION OF WHATCOM COUNTY FIRE PROTECTION DISTRICT
NO. 20 ON ELIZA ISLAND, TO BE HELD WITHIN THE BOUNDARIES OF THE PROPOSED
DISTRICT ON TUESDAY, NOVE14BER 6, 1979.
NOTICE IS HEREBY GIVEN to the qualified electors of the proposed
Whatcom County Fire Protection District No. 20 on Eliza Island, that on
Tuesday, November 6, 1979 a special formation election will be held for
the purpose of establishing it as a Fire Protection District within the
boundaries as follows:
All of "Eliza Island",Whatcom County, Washington, as per the
map thereof, recorded in Book 9 of Plats, pages 31 and 32, in
the Auditor's office of said county and state, Except Government
Lot 1, Section 5, Township 36 North, Range 2 East W.M.
NOTICE IS FURTHER GIVEN that a Board of three Commissioners will be
erected, and that Robert B. Mayer, P. H. Jewell -and Irene S. Jewell, being
residents of the proposed Fire Protection District and qualified in all
respects to act, have been nominated by the Whatcom County County Council
as candidates.
Voting will be by Absentee Ballot only. Ballots to be postmarked
no later than midnight November 6, 1979.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
this 25th day of
IA
~s. 4
� r
Publish:- Nov
October, 1979.
JOAN OGDEN
Whatcom County Auditor and
Ex-officio Supervisor of Elections
r-- -
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DATE Mav 24. 1979
Introduced by McIntvre
Proposed No.
RESOLUTION NO. 79_28
RESOLUTION PROVIDING FOR THE FORMATION OF
FIRE PROTECTION DISTRICT NO. 20 ON ELIZA
ISLAND; FIXING ITS BOUNDARIES;'CALLING ELECTION
ON QUESTION OF FORMATION AND ELECTION OF FIRST
FIRE COMMISSIONERS OF THE DISTRICT.
WHEREAS, petition for formation of a fire protection
district on Eliza Island was received and the auditor
certified to the sufficiency.of the signatures thereon,
and said petition was accompanied by obligation to pay
for publication of notice as required by law; and,
WHEREAS, the county auditor transmitted same with
her certificate of sufficiency to the Board of Whatcom
County Commissioners which received the same and by
resolution entered upon its minutes, fixed May 24, 1979,
at 8:30 P.M., as the day and hour when the Whatcom County
Council would publicly hear said petition; and,
WHEREAS, notice of said hearing was published and
posted as required by Revised Code of Washington Section
52.04.050, and affidavits of publication and posting are
on file with the clerk of the council; and
WHEREAS, the Whatcom County Council, at its regular
office on the day and hour fixed for hearing said petition,
held public hearing on May 24, 1979, at 8:30 P.M., as
stated in said notice; and
WHEREAS, said public hearing was held on May 24, 1979
at 8:30 P.M., and the Council heard said petition and the
evidence in support thereof; and all persons living on
Eliza Island were in favor of said petition and no one
spoke in opposition to formation of said fire protection.
district or the inclusion of'all land on the island except
Government Lot 1 in Section 5;
NOW, THEREFORE, IT IS RESOLVED,
The Whatcom County Council finds that all of the lands
contained within the proposed boundaries of Eliza Island Fire
Protection District will be benefited thereby and the formation
of the proposed district will be conducive to the public safety,
welfare and convenience; and further finds in favor of the
petition and hereby designates the name of the district as
Whatcom-County Fire Protection District No. 20, Eliza Island,
Whatcom County, Washington; and the boundaries of the district
are fixed as:
0
I All of "Eliza Island", Whatcom County, Washington,
as per the map thereof, recorded in Book 9 of
2 Plats, pages 31 and 32, in;:the Auditor's office of
said county and state, Except Government Lot 1,
3 Section 5, Township 36 North, Range 2 East of W.M.
4
5 IT IS FURTHER RESOLVED, that an election be held within
6 the proposed district on the proposition of whether or not the
7 district shall be organized under the provisions of Chapter 52
8 of the Revised Code of Washington, and for the purpose of
9 election of its first fire commissioners.
10 IT IS FURTHER RESOLVED that candidates for election as
11 the first fire district commissioners shall be Robert B. Mayer,
12 P. H. Jewell and Irene S. Jewell.
13 IT IS FINALLY RESOLVED, that the Whatcom County Auditor
14 as ex-officio county supervisor of elections proceed to call,
15 notice, hold, conduct and canvass said election, in the manner
16 provided under Revised Code of Washington 52.04.080 through
17 52.04.130.
18 Approved on May 24, 1979, by the Whatcom County Council.
19 Adopted the li th day of or
to]?!er 1979.
20 WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
21
22
23 Chairpersbn J
24 Attest: Joan Ogden
County Auditor & Ex-officio
25 Clerk Rf the Council
l�
26 By:
27 Deputy
Approved as to form:
28
29 I
30 puty Prosecuting Attorney
31 Boundary Review Board recommendations received on October ll, 1979.
32
-2-
e
Proposed Fire District
Eliza Island, WA
A representative group of registered voters
living in the confines of the proposed District
# a O submit the following names of eligible
voters for consideration for the post of
fire commissioner and/or commissioners when
an election is called for by the County
Board.
Respectfully submitted this _� day of April, 1979
OFFICIAL CANVASS OF THE ELECTION HELD IN WHATCOM COUNTY FIRE PROTECTION
DISTRICT NO. 20, ON TUESDAY, NOVEMBER 6, 1979, FOR THE PURPOSE OF
ESTABLISHING SAID FIRE DISTRICT AND ELECTING COMMISSIONERS FOR THE SAME.
Office of the Auditor of
Whatcom County
Bellingham, Washington
November 21, 1979
Pursuant to a notice given by Joan Ogden, County Auditor of Whatcom
County, Washington, the undersigned, Shirley Van Zanten, Chairman of
the Whatcom County Council and David S. Mc Eachran, Prosecuting Attorney
of said County, now meet with Joan Ogden, County Auditor of said County,
at the seat of said county on the 21st day of November, 1979 for the
purpose of canvassing the votes cast in the Whatcom County Fire Protection
District No. 20 Formation Election held within the voting precinct
comprising said District in the County of Whatcom, State of Washington on
the 6th day of November, 1979.
Joan Ogden, County Auditor as aforesaid, now makes oath as follows:
OATH OF AUDITOR
STATE OF WASHINGTON
ss.
COUNTY OF WHATCOM
I, Joan Ogden, County Auditor of Whatcom County, State of Washington,
do solemnly swear that the returns purporting to be the election returns
of the Whatcom County Fire Protection District No. 20 Election in Whatcom,
County, Washington, have been in no wise altered by additions or erasures,
and that they are the same as when I received them, SO HELP ME GOD.
�Whatcom WuntyAuditor
Subscribed and sworn to before me this 21st day of November, 1979.
Chairman, Wh team Tounc l
...
STATE OF WASHINGTON)
) Ss.
COUNTY OF WHATCOM )
The undersigned, being the officers designated by the law and
constituting the canvassing board in and for the County of Whatcom, State
of Washington, hereby certify that the following is a true and correst
canvass of the votes polled in Whatcom County, State of Washington, Fire
Protection District No. 20, which was held in a certain voting precinct in
Whatcom County on Tuesday, November 6, 1979, as taken from the official
returns. That said statement and returns contain the total number of
votes cast, the titles of the offices sought and all contestants. That the
total number of votes cast in the voting precinct of Whatcom County
Fire Protection District No. 20, in the County of Whatcom, State of
Washington held on November 6, 1979 is as follows:
Whatcom County Fire Protection District No. 20 YES 2 Passed 100%
Whatcom County Fire Protection District No. 20 NO 0
FIRE DISTRICT COMMISSIONERS
Vote for three
Robert B. Mayer 0
P. H. Jewell 2
Irene S. Jewell 2
William Fox * 2
* Write in Candidate -Not Registered in Fire Dist. No. 20
All votes were by absentee ballot.
Witness our hand and official seal this 21st day of November, 1979.
Chairman, Wh tcom L�ounty Council
Prosecuting Attorn -bf Whatcom
County
ditor oThatcom County
OFFICIAL CANVASS OF THE ELECTION HELD IN WHATCOM COUNTY FIRE PROTECTION
DISTRICT NO. 20, ON TUESDAY, NOVEMBER 6, 1979, FOR THE PURPOSE OF
ESTABLISHING SAID FIRE DISTRICT AND ELECTING COMMISSIONERS FOR THE SAME.
Office of the Auditor of
Whatcom County
Bellingham, Washington
November 21, 1979
Pursuant to a notice given by Joan Ogden, County Auditor of Whatcom
County, Washington, the undersigned, Shirley Van Zanten, Chairman of
the Whatcom County Council and David S. Mc Eachran, Prosecuting Attorney
of said County, now meet with Joan Ogden, County Auditor of said County,
at the seat of said county on the 21st day of November, 1979 for the
purpose of canvassing the votes cast in the Whatcom County Fire Protection
District No. 20 Formation Election -held within the voting precinct
comprising said District in the County of Whatcom, State of Washington on
the 6th day of November, 1979.
Joan Ogden, County Auditor as aforesaid, now makes oath as follows:
OATH OF AUDITOR
STATE OF WASHINGTON
ss.
COUNTY OF WHATCOM
I, Joan Ogden, County Auditor of Whatcom County, State of Washington,
do solemnly swear that the returns purporting to be the election returns
of the Whatcom County Fire Protection District No. 20 Election in Whatcom,
County, Washington, have been in no wise altered by additions or erasures,
and that they are the same as when I received them, SO HELP ME GOD.
t0hatcom CyuntyAuditor
Subscribed and sworn to before me this 21st day of November, 1979.
Chairman, Wh tcom ounty Council
STATE OF WASHINGTON)
) ss.-
COUNTY OF WHATCOM )
The undersigned, being the officers designated by the law and
constituting the canvassing board in and for the County of Whatcom, State
of Washington, hereby certify that the following is a true and correst
canvass of the votes polled in Whatcom County, State of Washington, Fire
Protection District No. 20, which was held in a certain voting precinct in
Whatcom County on Tuesday, November 6, 1979, as taken from the official
returns. That said statement and returns contain the total number of
votes cast, the titles of the offices sought and all contestants. That the
total number of votes cast in the voting precinct of Whatcom County
Fire Protection District No. 20, in the County of Whatcom, State of
Washington held on November 6, 1979 is as follows:
Whatcom
County
Fire
Protection
District
No.
20
YES
2 Passed 1000
Whatcom
County
Fire
Protection
District
No.
20
NO ___
0
FIRE DISTRICT COMMISSIONERS
Vote for three
Robert.B. Mayer 0
P. H. Jewell 2
Irene S. Jewell 2
William Fox * 2
* Write in Candidate -Not Registered in Fire Dist. No. 20
All votes were by absentee ballot.
Witness our hand and official seal this 21st day of November, 1979.
Chairman, Wh tcom County Council
Prosecuting Attorney -of whatcom
County
ditor of hatco County
WHATCOM COUNTY BOUNDARY REVIEW BOARD
October 9, 1979
Chairperson and Whatcom County Council:
At the regular meeting of the Boundary Review Board, on October
11, it was decided by the Board to waive review on the Eliza Island
Fire District proposal. This waiver should be considered as a
recommendation for approval from the Board.
Respectfully,
//'-"J�ohnn Nolan, Jr.
Chairman
JN/wks
STATE OF_ WASH I NGTON, ss
Affidavit 4f Publicatiou
COUNTY OF WHA I WM, ;
NOTICE OF I
. SPECIALELECTION
ON THE QUESTION OF THE
FORMATION OF WHATCOM
COUNTY FIRE PROTECTION
DISTRICT -NO_20- OX ELIZA
ISLAND, TO BE HELD
WITHIN THE BOUNDARIES
OF THE PROPOSED. i
DISTRICT ON TUESDAY. '
NOVEMBER 6,1979.
NOTICE IS HEREBY GIVEN
to the qualified electors of the
proposed Whatcom County Fire
Protection District No. 20 on
Eliza Island, that on Tuesday,
November 6, 1979 a special for-
mation election will be held for .
the purpose of establishing it as
a Fire Protection District within
the boundaries as follows:
All of "Eliza Island". What
com County, Washington, as per
the map thereof, recorded in
Book 9 of Plats, pages 31 and 32,
In the Auditor's office of said
county and state, Except
Government Lot 1, Section S, ,.
Township 36 North, Range 2
East W.M.
NOTICE IS FURTHER,
GIVEN that a Board of three
Commissioners will be elected, '
and that Robert B. Mayer, P. IL
Jewell and Irene 6. Jewell, be-
Ing residents of the proposed
Fire Protection District and i
qualified in all respects to act,
have been nominated by the
Whatcom County County Coun-
cilaacandidates.
Voting will be by Absentee
Ballot only. Ballots to be
postmarked no later than mid-
night November 6,1979.
IN WITNESS WHEREOF, I
have hereunto set my hand and
official seal this 25th day of Oc-
tober, 1979.
JOAN OGDEN
Whatcom County Auditor and
Exofficio Supervisor of Elec-
tions
(SEAL) 7111AM
i
------ Edward-G^xok_ , ontrol le-11 ------ being first duly
sworn on oath says: That ale is the principal Clerk or Business
---Manager-of The Sellingharr -Herald, -a-daily-newspaper of general
circulation in said county any. date and of Federated Publications,
Inc., a Delaware Corporatio►t (publisher of said newspaper), and
authorized to make this_affidav_it,-that the_I_egal notice entitled
in the cause and court named on the attached copy which is a
true and correct copy of the original (and herinafter referred to
as "Notice"') was -published in the regular and entire issue, and
not in a supplement; of each number of said newspaper pub-
lished and circulated on the following dates, to -wit:
November 1, 1979
-------------------------- --- - - - - - - - -- - - - -- - - -
that for more than six months prior to the date of the first publi-
cation of said Notice, at all times since, and now, the said "The
Bellingham Herald" has been established, published and circu-
lated in the English language continuously and conitnually as a
daily newspaper in the city of Bellingham, Whatcom County,
Washington, the same being at all times printed either in whole
or in part in an office maintained at said place of publication;
that such newspaper has been approved as a legal newspaper by
order of the Superior Court of Whatcom County, Washington;
that the full amount of the feed for such publication is
$14.96----------
Subscribed and sworn to before me this
------- 1-St ------ day of-- Nov ------- ig ----- 79
NOTARY PIncand for the State of Wash-
ington, residing at Bellingham.
J
Printing & Business Forms ■ Office Furniture ■ Office Supplies
entee Ballots issued
7 ��-? �
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87, 2-CR. �- s-.
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TRIG & MURRAY 622 -1440
300 WCSLiake Ave. N. - Seattle, Wa 98109
O F F I C I A L B A L L O T
WHATCOM COUNTY FIRE PROTECTION
DISTRICT NO. 20
Tuesday, November 6, 1979 t
Place an "X" in the square opposite the ones for whom you wish
to vote.
Whatcom County Fire Protection District No. 20 . YES
Whatcom County Fire Protection District No. 20 . NO
C O M M I S S I O N E R S N O M I N A T E D
Vote for three
Robert B . Mayer . . . . . . . . . . . . . . . . . . . . .
P. H. Jewell . . . . . . . . . . . . . . . . . . . . . .
Irene S. Jewell . . . . . . . . . . . . . . . . . . . . .
°�:�i �.�(' a, . . . . . . . . . . . . . . . . . . . . I .n I
4
O F F I C I A L B A L L O T
-WHATCOM COUNTY FIRE, PROTECTION
DISTRICT NO. 20
Tuesday, November 6, 1979
Place an "X" in the square opposite the ones for whom you wish
to vote.
Whatcom County Fire Protection District No. 20 YES
Whatcom County Fire Protection District No. 20 NO /
C O M M I S S I O N E R S N O M I N A T E D
Vote for three
y� . . . . . . . . . . . . . . . . . . . . .
P. H . Jewell . . . . . . . . . . . . . . . . . . .. . . .
Irene S. Jewell . . . . . . . . . . . . . . . . . . . . .
1 4, . . . . . . . . . . . . . . . . . . . . -
. . . . . . . . . . . . . . . . . .
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i
I /
r•.
AiR H AVCA-) A I DD L E--
A r T 7c Q A r O D&- �r H 0 C>L
courfhause. 8e'1fi+eyham.
►Yashinglan 98225
Phone 676-6740
��"•�li=�°�P` "��Lr�-�4�k.r�^.-�f.. ..,��4�r-�t�f l'fk emu-.
JOAN OGDEN, AUDITOR
)JAPch '13; .19.79_
I, Joan Ogden, Whatcom County Auditor, do hereby
certify that I have examined the petition for the Formation
of a Fire District in all of the plat of Eliza Island with
the exception of government lot No. 1, Section 5, Township
36 North, Range 2 East of W. M. Said petition contains
two (2) signatures of qualified electors residing within
the proposed district, which is more than 15% of the
registered electors residing in the area. A sufficiency
is therefore established.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal this 13th day of March, 1979.
t
com C nay Auditor
PETITION FOR FORMATION -OF FIRE PROTECTIGNT DISTRICT
.ELIZA ISLAND
The undersigned, who constitute not less than 15% of the qualified
.registered voters who are residents within the boundaries of the
hereinafter described land, hereby respectfully p.e,tition the Board of
County Commissioners of Whatcom County, Washington, for the forma-
tion of a fire protection district, upon the following showing:
]:. That the .objects of the proposed district shall. be to acquire,
purchase, hold, lease, manage, occupy and sell real and personal
property, or any interest therein, to enter into and perform any
and all necessary contracts, to appoint and employ the necessary
officers, agents and employees, to sue and be sued, to exercise the
right of eminent domain, to levy and enforce the collection of
taxes and special taxes in the manner and subject to limitations of
law against, lands within the district, for district revenues, and do
any other act required expedient for the purpose of the elimination
of fire hazards, for the protection of life and property in the
area hereinafter described.
2. That the establishment of such fire protection district, for the
above object, will be conducive to the public safety, welfare, and
convenience, and will be of benefit to the property included in such
area.
3. That the boundaries of such district shall be:
All of the plat of Eliza Island with the exception of
government lot #1, Section 5,• Township 3b North, Range
2 East of W.M.
Wherefore, the petitioners ask that a public hearing be held
upon this petition at such time as said Board of County Commis-
sioners may designate.
Name (print) Residence Address Signature
T
INVOICE
Bellingham, Washington December 19 1979
Fire Protection District No. 20
In Account With
J 0 A N 0 G D E N, COUNTY AuDITDR
ELECTION COSTS FOR NOVEMBER 6, 1979
Publications 1,092 66
Election Board Services 9,029 53
Rent of Polling Places 744 67
Ballots, Supplies & Postage 9,358 20
Computer Costs 700 66
Labor & fringe benefits 9,341 62
220 voting equipment @ $15.00 each 3,300 00
10% Administration Costs
TOTAL ELECTION COSTS
Proporation cost for
Fire Protection District No. 20
.0001 of 56,924.07 - 3.69
Minimum payment for Election
5 ecial Formation Hearing Publicati
TOTAL RUE AUDITOR
6p, - & e, J
Please Return This Invoice
With Your Remittance
33,567 1 34
3,356 1 73
36, 924 1 07
20
67
87
00
26
26
BEFORE THE BOARD OF COUNTY COYIINIISSIONERS
OF WHATCOM COUNTY, WASHINGTON
April 2, 1979
IN THE MATTER OF THE FORMATION ) STATEMENT OF LIABILITY
OF WHATCOM COUNTY FIRE PROTECTIGN) FOR EXPENSE INCURRED
DISTRICT `.�C�, IN WHATCOM COUNTY ) FOR PUBLICATION &
WASHINGTON ) FILING
We, the undersigned hereby assume all responsibility for
all expenses incurred for publication and filing fees,
and for incidental and legal expenses set forth and provided
in the statutes for the formation of Fire Protection
Districts as set forth in the Session Laws of 1935 and
subsequent legislation.
Representatives for Proposed Fire
Protection District # ,
Whateom County, State of Washington.
By f ��'�5-•• �C Cr.�� �c=_ 1,-� i��