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Home My WebLink About1977-1988 - Water District 15 Dissolution�ec�uesk +o � 1ssolye.- Wad �stri �f IS fo MAE40(- po'Pus VJol� .�tnd GO U rUndo,vi W�+u �bis-V-ri�f l5 0ec-hi�n i� I� OFFICE OF THE ATTORNEY GENERAL August 19, 1987 Joan Ogden, Auditor Whatcom County Courthouse Bellingham, WA 98225 Whatcom County Council Whatcom County Courthouse Bellingham, WA 98225 Dear Sir and/or Madam: I am writing this letter on behalf of my client, the Department of Social and Health Services (DSHS) regarding a concern it has with respect to Whatcom County Water District No. 15. In February 1982 Whatcom County Water District No. 15 and the DSHS Municipal Water Supply Funding Program entered into a contract whereby DSHS would loan the Water District $184,000 for preparation of plans and specifications for municipal water supply facilities. The Water District is in default on this loan. To the best of my client's knowledge, there have been no active board members serving Water District No. 15 since August 1985. Further, no persons are currently seeking to fill the vacant positions in the forthcoming elections. Finally, and most importantly insofar as it relates to RCW 36.96.010(3)(a), the Water District in question has not carried out any of the special purposes or functions for which it was formed within the preceding consecutive five-year period. Because of my client's interest in pursuing repayment of its loan, it would like to see the district dissolved as an inactive special purpose district with the County Council then exercising its statutory powers to satisfy the water district's outstanding obligations. We therefore respectfully request that Council review this matter and exercise Chapter 3 .9 6 RCW . /-I 'r I -,I G11 e Q Sin erely yoursf KAREN LERNER Assistant Attorney General KL:g cc: Ellen Wolfhagen, OFR Al Rowe, Environmental Health the Auditor and County its duties pursuant to Ken Eikenberry Attorney General 410 Old Main, Western Washington University Bellingham, Washington 98225 Telephone (206) 676-3117 OFFICE OF THE ATTORNEY GENERAL August 19, 1987 Joan Ogden, Auditor Whatcom County Courthouse Bellingham, WA 98225 Whatcom County Council Whatcom County Courthouse Bellingham, WA 98225 Dear Sir and/or Madam: og Foiv A ? 1 1987 wHArCpM COUNTY COUNCIj I am writing this letter on behalf of my client, the Department of Social and Health Services (DSHS) regarding a concern it has with respect to-Whatcom County Water District No. 15. In February 1982 Whatcom County Water District No. 15 and the DSHS Municipal Water Supply Funding Program entered into a contract whereby DSHS would loan the Water District $184,000 for preparation of plans and specifications for municipal water supply facilities. The Water District is in default on this loan. To the best of my client's knowledge, there have been no active board members serving Water District No. 15 since August 1985. Further, no persons are currently seeking to fill the vacant positions in the forthcoming elections. Finally, and most importantly insofar as it relates to RCW 36.96.010(3)(a), the Water District in question has not carried out any of the special purposes or functions for which it was formed within the preceding consecutive five-year period. Because of my client's interest in pursuing repayment of its loan, it would like to see the district dissolved as an inactive special purpose district with the County Council then exercising its statutory powers to satisfy the water district's outstanding obligations. We therefore respectfully request that the Auditor and County Council review this matter and exercise its duties "pursuant to Chapter 36.96 RCW. Sincerely pyours, KAR N LERNER Assistant Attorney General KL:g cc: Ellen Wolfhagen, OFR Al Rowe, Environmental Health Ken Eikenberry Attorney General 410 Old Main, Western Washington University Bellingham, Washington 98225 Telephone (206) 676-3117 Ao,p rD 3- 3 7-a r-,1,L o ,f,C7 NED /9SS- - .4ti6 dp ID 46rf 4 (ITAk� pPIP 4c s e 6 &F:, l 9 t r- ;41r4:- . /Il U. , -:;:' f /,0JO / (-e� xr 'S 7) c� tx-, ; * /gam /1/v. 6/ 1979 /"JAa9C A) — -s�`� %CD o� //�� 1,D .(9 o T /P � � / �.E � s �o c m L g w Ro 6l6.JsD 4tf3//g,r August 31, 1985 Bellingham, liatcom °:-'oUnit;' liouncil v hat c om..; ount y Sell'n !yam, `la. ='s Xiirle,r Ilan 7ant rm . :nzirman : Dear J ilirl"�r : I aerebtr respectful-.- submit -ap resi-nation as Commissioner of later D i StiiCt 7T , reason for Wt11C 1 be1i1,� t�:C Ot:ler iC 1T11 S'SiorieYS tlri•Te r esi.;ned, and do to t:ie stand of `t;ie Lluti-ai 'iribe in regards to °late. 3istricL 7istrict And the imi--asse i_. re.-ards to Ld-ter or. t'..e reservation, and I i Her rLeauest t:lat t ie l;oiuit;r vouncil-.isolve said District-, and advise of 'er brans ,s of tae '..;olmt Of t`:lat fact. Sincerely, ,verett 'ladse , C_iairman 7�0 ��p �•�11 �� 6h �� August 12, I9.85 H e7liwQham, Na. :Ihatcom County Water District 15 Whatcom County , Wash*ngton. Dear 6ir: I , Doug Fuhs, do respectively resi.-=,n as Commissioner of 'dater=)istrict IS, the reason for which bein:- personal. --incerel-, Dour Fuhs Hp30 CM y.lndj{SVM ilpy N% j0 1�1a August I5, I9g5 Bellingham, Va. �lhatcom Count— 'eater District I5 Bellingham, 'Ja. Tear , 3ir; I hereby do resign as ;later Comma ssioner of District I5 due to personal reasons, and other considerations. Dave Glass 7 L �SdKN' Ain lh$avilD(1 t y43f It of D3a � 16A f 3Dq d 'An" GENERAL CLAIM WARRANT NO. WHATCOM COUNTY, WASHINGTON Debtor to WAS14INGTON SIATE AUDITOR Vendor No. County Fund WC WATER DIST ##15 GENE RATAddress C/O WHATCOM COUNTY COUNCIL Office of Computer DISTRIBUTION Na Budget Acct. No. Amount 58715 1 31. 0CG Total 1pp ITEMS RECEIVED AND PAYMENT RECOMMENDED FILED NATURE OF SERVICE PERFORMED, MATERIAL SUPPLIED, OR EXPENSE INCURRED Date i PO# 4/17/87 1 MANDATORY PAYMENT FOR AUDIT INVOICE ##L 04956 Amount 131Joo AUDITOR JOAN OGDEN BY: DEPUTY THERE ARE NO COMMISSIONERS ALLOWED STATE OF WASHINGTON, COUNTY OF WHATCOM I ss. I, the undersigned do hereby certify under penalty of perjury, that the materials have been APR 3 O. 1987) furnished, the services rendered or the labor performed as described herein, and that the claim is a just, due and unpaid obligation again"ha aunty, and that I am authorized to authenticate and certify to said el -17 Signed _ TOM BURTON, CHAIRMAN County Department Head WHATCOM COUNTY COUNCIL CLAIMS BECOME NULL AND VOID IF NOT PRESENTED WITHIN 20 DAYS FOLLOWING THE CLOSE OF THE YEAR iI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED BY: CON: PROPOSED BY: AUDIT( DATE: FEBRUARY 18, 1988 ORDINANCE NO. 88-17 AN ORDINANCE DISSOLVING WHATCOM COUNTY WATER DISTRICT NO. 15 1 WHEREAS, the Whatcom County Council received a request to dissolve Whatcom County Water District No. 15; and, WHEREAS, after giving proper notice of a public hearing a hearing was held on January 21, 1988, for which Findings have been entered; and, WHEREAS, it is in the best interest of the public to dissolve this district in that it is inactive and has been such for the last five (5) years. NOW, THEREFORE, BE IT ORDAINED that: i I Whatcom County Water District NO. 15 is inactive in that it has failed to perform any of the purposes for which it has been formed within the last five (5) years; BE IT FURTHER ORDAINED that: It is in the best interest to dissolve this district because the area is presently within the boundaries of another district and Whatcom County Water District No. 15 can perform no i I function. Additionally there are no Commissioners running this district and there is no reason to have Whatcom County Water} i District No. 15 to continue to exist. -Ordinance - 1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 "- 23 24 25 26 27 28 BE IT FURTHER ORDAINED that: Except for the purpose of winding up its affairs Whatcom County Water District No. 15 shall cease to exist 31 days after the adoption of this ordinance, and that the remaining assets in Whatcom County Water District No. 15 General 687 015 001 shall be transferred to the Current Expense Fund 001 000 001 38700 Residual Equity. BE IT FURTHER ORDAINED that: Except for the purposes of winding up its affairs Whatcom County Water District No. 15 shall cease to exist 311 days after the adoption of this Ordinance. DATED this 3rd day of MARCH , 1938 ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON CAROL EBERG50N WILLIAM P. ROEHL Chair Clerk of the C uncil t-`APPROVED AS TO FORM: RANDALL J. WATTS Chief Civil Deputy Prosecuting Attorney Published on February 24 Ordinance becomes effective Z)APPROVE� ( ) ETOED l! j/ r 114kdq�__ DANIEL M. WARNER EXECUTIVE PRO-TEM MARCH 4, 1988 Date Signed by Executive PRO-TEM & March 9, 1988 March 14, 1988 -Ordinance - 2. I I BEFORE THE WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON IN RE: THE DISSOLUTION OF WATER ) F I N D I N G S DISTRICT NO. 15 ) 7 On the 21st day of January 1988, the Whatcom County Council held a hearing to determine whether or not Water District No. 15 was inactive. As a result of said hearing and reviewing the Affidavit of Joan Ogden the Whatcom County Council makes the following: FINDINGS The Council finds that the special purpose district is inactive if it meets either of the following conditions: I. Has not carried out any of the special purposes or functions for which it was formed within the preceding five (5) year period; or, II. No election has been held for the purpose of electing a member within the preceding seven (7) year period. The Council finds that an election has occurred within the last seven (7) years. However, the Council further -Findings- 1. finds that the special purpose district has not undertaken to perform its functions within the preceding five (5) years. At the hearing no one appeared to testify. However, the Council did review the Affidavit of Whatcom County Auditor Joan Ogden which shows that the District has no Commissioners, they have all resigned. No one has filed to run for the office. The only claims that have been submitted to the Auditor cover election costs, and claims for the Commissioners to attend the meeting. There is nothing to show that this District has been actively performing its functions and therefore the Council deems that it is inactive. Additionally, the area covered by the special purpose district is presently being serviced by another water district and so it would be in the public's best interest to dissolve Water District No. 15. DATED this 9thday of February, 1988. WHATCOM COUNTY COUNCIL WHATTCCOM COUNTY, WASHINGTON TOM BURTON, Chair ATTEST: &6� - � CAROL EBERGSON Clerk of the Cou cil -Findings- 2. STATE OF WASHINGTON, ss COUNTY OF WHr,TCOMP NOTICE OF THE CLOSING OF THE REG- ISTRATION BOOKS The Registration Books in all the precincts of Whatcom County, Washington will be closed to original regis- trations and transfers between precincts after Saturday, October 2, 1982. until after the Gen- eral Election and any Special Elections held in conjunction therewith on Tuesday, November 2, 1982. Joan Ogden Whatcom County Audi- tor and Ex-officio Super- visor of Elections IA506 Affidavit ®f Publiention" Edward G. Kok earltratter being first duly sworn on oath says: That he is the principal Clerk or Business Manager of The Bellingham Herald, a daily newspaper of general circulation in said county and state and of Federated Publications, Inc., a Delaware Corporation (publisher of said newspaper), and authorized to make this affidavit; that the legal 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 supple- ment, of each number of said newspaper published and circulated on the following dates, to wit: September 22, 1982 that for more than six months prior to the date of the first publica- tion of said Notice, at all times since, and now, the said "The Bell- ingham Herald" has been established, published and circulated in the English language continuously and continually 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 fee charged for such publication is $ Subscribed and sworn to before me this 22nd dayof Septembe:rlg 82 ,OOPf'ARYPUBLICina ?,ra e State of Wash- m. ABSENTEE Lopi o� 44o- OFFICIAL BALLOT b n.(14 +0 FORMATION ELECTION rn WHATCOM COUNTY WATER DISTRICT NO. 15 SPECIAL ELECTION, SEPTEMBER 20, 1977 Polls Open 7:00 A. M. to 8:00 P. M. Whatcom County, Washington INSTRUCTIONS: To vote for the formation of the District, mark a CROSS (X) at the right of the word "YES" in the box ❑. To vote against the formation of they District, mark a CROSS (X) at the right of the word ''NO" in the box �. PROPOSITION NO. 1 Whatcom County Water District No. 15 ? .................... YES ❑ Whatcom County Water District No. 15 ? .................... NO ❑ PROPOSITION NO. 2 One year one dollar and twenty-five cents per thousand dollars of assessed value tax..................YES ❑ One year one dollar and twenty-five cents per thousand dollars of assessed value tax .................... INTO ❑ COMMISSIONERS (Vote for one) _ DISTRICT NO. L . (6-year term) EVERETT MADSEN......................................... ...............__. .-----..............-............... I .... ❑ (Vote for one) DISTRICT NO. 2 (4-year term) BETTY NESBIT................................... .......... ❑ .................................. ❑ (Vote for one) DISTRICT NO. i (2-year term) WES OLTINIAN ................ .............................. ❑ SHIRLEY FORSLOF AUDITOR OF WHATCOM COUNTY Phone (206) 676.6740 Auditor - Accounting 676-6741 Recording 676-6742 Elections 676-6743 Motor Vehicle Licensing P.O. Box 398, Bellingham, Washington 98227-0398 311 Grand Avenue, Bellingham, Washington 98225 TO: Emily Jackson, County Council FROM: Shirley Forslof, County Auditor DATE: March 1, 1988 7 SUBJECT: Dissolution of Water District No. 15 Scheduled for Public Services There is presently an unencumbered cash balance in Water Dist. No. 15 of $26.58 and uncollected taxes of $9.71. It would save a lot of time and paper work if the ordinance dissolving Water 15 provided that any remaining uncollected tax levy and remaining cash balance be transferred to current expense. If that wording is not included in the ordinance the remaining cash balance and uncollected taxes would be transferred to the State General Fund. I hope you will take this into consideration at your Public Services Committee meeting March 3. If I can be of any help, please let me know. If I am out of the office, please talk to Darlene Metcalf. _ RA390 W H A T C 0 M C O U N T Y io.55 TAX DISTRIBUTION SUMMARY CLASS BEGINNING TAX z------- DISTRICT----••-•-------•ra YR OUTSTANDING COLLECTED SUPPLEMENTED b' .. 85 140.22 3.39 �,a r WATER ''4 8S iE�E 27,274.96 27, 415.20 .00 3.39 oa� WATER r11 f 80 2.52 .00 r Lt, 8' 4.54 .00 8,_ 9.96 .00 .oD s �E WATER 015 79 2.14 .00 s; 81 2.48 .00 "I WATER S13 - - - 9.71 v.00 f� i WATER 416 S1 .74 .OU ..:I I 1 WATER 017 WATER a 1'7 8# 157.57 '.00 `U ;. 55 SEWER SEWER 02 79 2.09 .00 SEWER 02 g-� iE 9.53 .00 .00 fie 60 PARK - --- - - -- - - -- --_ POINT ROBERTS PARK 01 79 .74 .00 i. 82 4.66 .00 - - --83 -- -- --B.7y --- .00 . 86 924,29 13.32 87 1,497.78 52.94 Js: Be 20,011.46 :M. 447-.66. - .00 66..26.-------- (� NORTHWEST PARK & RECREATION 42 81 41.68 .00 ln+ 82 44.25 .00 -� . - - - -- -----84 - - -s . 6S .29 POINT ROBERTS PARK ,l1 SS iE3E 267.75 359.36 6.46 6.75 65 FL-0011 ZONE (� FLOOD ZONE 41 80 1.54 .00 82 1 .54 .00 83 3.02 _ .00 85 133.88 3.23 86 460.55 6.67 PAGE :1.9 2/02/98 CANCELED rRANSFERRED OUTSTAX TANDING 136.53 27,274.98 _-___--_- 27,411.81 2.:.2 4.54 9.96 2.14 - - -_- 2.48 9.71 �E .70 - ---•--.-- i0-*-�_ 157.57 157.57 sr ,1 1� 2009 t 5.09 9.53 x 1 .74 { 4.66 4.77 91097 1,449:61 20,011.46 --- -4 77--- - - -- �� 41.68 { 44.25 s.39 26'1. 29 352.61 -510.95 14.56 1.31 - -1rfl17 .eLB ,.24.-41a - - --1+31 ----- i 70 HOSPITAL .: -s�osPr-A�n�� _ . _.79 _..ss-� 80 .67 .00 81 .63 .00 82 1.44 .00 i I� 84 5.68- ' 85 86 76.53 1 .85 11 00 p 11H HOSPITAL a304aF 8S 8,703.66 8,791.67 .00 2.14 "LOSF-''�Tki�r30�7 .{34_ E11 {�. HOSPITAL t304 *69 G.O. BOND Be1,318.96 1, 319.00 _ .00 .Oq 1 1.54 { 1.54 130*65 453.88 -� 397.70 .67 .63 , 1.44 - - - - 5.30 74.68 8,703.66 8p789.53 rE 4`�v:: ir3i.P,.96 1#319.00 u