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HomeMy WebLinkAboutResolution 03-022-CCBEFORE THE GRANT COUNTY BOARD OF COMMISSIONERS Grant County, Washington IN RE: THE MATTER OF THE GRANT ) RESOLUTION NO. 2003 -022 -CC COUNTY PORT DISTRICT NO. 10 ) ANNEXATION PETITION ) NOTICE OF DECISION: FINDINGS, CONCLUSIONS AND ORDER OF THE BOARD OF COUNTY COMMISSIONERS DECLARING GRANT COUNTY PORT DISTRICT NO. 10 ENLARGED L INTRODUCTION THIS MATTER having come before the Board of County Commissioners, Grant County, Washington, pursuant to chapter 53.04 RCW, on a petition for the enlargement of Grant County Port District No. 10; the Board of County Commissioners having been presented with a resolution from the Board of Commissioners for Grant County Port District No. 10 requesting that the Board of County Commissioners submit the proposition of enlarging the limits of its territory to the voters residing within the limits proposed to be annexed; the Board of County Commissioners having called for a special election on the proposition; the Grant County Canvassing Board having canvassed the votes cast thereat and certifying that the majority of all votes cast at the February 4, 2003, special election upon the proposition of enlarging Grant County Port District No. 10 by annexation, voted in the affirmative, NOW, THEREFORE, makes the following: NOTICE OF DECISION: FINDINGS, CONCLUSIONS AND FINAL Page 1 DECISION OF THE GRANT COUNTY BOARD OF COMMISSIONERS H \FormsVC I V IL8VDepartmentsVCommissioners\Moses I ake Port Dccimon doc II. FINDINGS 1. In December of 2002, the Grant County Auditor's Office received Petition To Annex Portions Of the Gloyd, Block -40, Rldgeview And Ruff Areas Into The Port Of Moses Lake (Grant County Port District No. 10) ("Petition") signed by at least ten percent (10%) of the registered voters residing within the proposed boundaries of the area desiring to be annexed to Grant County Port District No. 10's (the "Port"), who voted in the last general election, pursuant to RCW 53.04.085. 2. The boundaries for the area proposed to be annexed to the Port in the Petition are defined by the following boundary description: From a point of beginning at the northeast corner of Section 1, Township 20 N, Range 30 E.WM, and extending westerly along the north boundary of Township 20 N., approximately 14 118 miles to a point where the Burlington Northern Railroad (Northern Pacific Railroad) right-of-way intersects the north boundary line of See. 3, Township 20 N., Range 28 E. WM, thence in a northwesterly direction along said Burlington Northern Railroad (Northern Pacific Railroad) right-of-way and passing through Sections 34,2 7,28,21,16,8,5 and 6, in Township 21 N., Range 28 E.WM. (being also the present boundary line of Grant County Port District #6) to the intersection with the north boundary of Section 6, Township 21N, Range 28 E.W.M, thence following the section line westerly approximately 3 % miles to the northwest corner of Sec. 3, Township 21 N., Range 27 E.W.M., thence southerly following the section line 8 miles to the southwest corner of Section 10, Township 20 N, Range 27 E.W.M., thence easterly following the section line 7 miles to the northwest corner of Section 14, Township 20 N., Range 28 E.W.M., thence southerly following the section line 5 miles to the southwest corner of Section 2, Township 19 N, Range 28 E. W.M., thence easterly following the section line 6 miles to the southwest corner of Section 2, Township 19 N., Range 29 E.W.M., thence., southerly approximately 1 ''2 miles to the center of the western boundary of Section 14, Township 19 N., Range 29 E. W.M. thence following in a straight line easterly to the center of the eastern boundary of Section 13, Township 19 N., Range 30 E. W.M., thence northerly following the section line approximately 8 % miles to the point of beginning; all being within the boundary of Grant County, Washington. NOTICE OF DECISION: FINDINGS, CONCLUSIONS AND FINAL Page 2 DECISION OF THE GRANT COUNTY BOARD OF COMMISSIONF,RS 11 AFormsVCIVILSVDepartmentsVCommissioners\Moses Lake Port Decision doc 3. The Port, commonly identified as the Port of Moses Lake, was duly organized and established by the BOCC on or about November 15, 1965, pursuant to chapter 53.04 r'ZGPdI 4. The Port is bordered to the North and to the East by an area currently having no port district designation. A group of residents in this area submitted the proposal in the Petition to be annexed by the Port. 5. The Port is not coextensive with the limits of Grant County. 6. On or about December 13, 2002, Grant County Auditor William L. Vamey ("Auditor") determined and certified that the Petition contained the requisite number of valid signatures for a petition seeking the enlargement of an existing port district by the annexation method. 7. The Auditor advised the Board of Commissioners for the Port ("Board") of his decision. 8. The Auditor received Resolution No. 1 185 ("Resolution") from the Port's Board, dated December 16, 2002. 9. The Resolution petitioned the Board of County Commissioners (`BOCC") to place the Port's proposition to annex certain lands on the first available special election in the Spring of 2003. 10. The Board approved of the proposition to enlarge the Port's boundaries as stated in the Petition. 11. The Auditor transmitted the Resolution and the Petition to the BOCC for its review and consideration as an annexation petition for a port district which is not coextensive with the limits of a county, pursuant to chapter 53.04 RCW. NOTICE OF DECISION FINDINGS, CONCLUSIONS AND FINAL Page 3 DECISION OF THE GRANT COUNTY BOARD OF COMMISSIONERS 11 AFormsVCIVIL8VDepartmentsVCommissionersVvloses Lake Port Decision doL 12. The BOCC was not required to hold a public hearing on the proposition in the Petition to enlarge the Port's boundaries. 13. The BOCC, pursuant to RCW 53.04.080, passed and adopted Resolution No. 02 -202 -CC on December 23, 2002, calling for a special election on the proposition for the Port to annex certain territory, as proposed in the Petition, to be held in accordance with RCW 29.13.010 and .020. 14. A special election was held on February 4, 2003, for the purpose of determining whether or not the area proposed to be annexed in the Petition, should be annexed to the Port and enlarge its boundaries, as provided by law. 15. The majority of all votes cast at the February 4, 2003, special election upon the proposition of enlarging the Port by annexation, voted in the affirmative. 16. On February 14, 2003, the Grant County Canvassing Board certified the February 4, 2003, special election held in the several voting precincts wholly or partially within the area proposed to be annexed to the Port, approving the annexation of the aforementioned territory into to the Port and, enlarge it's boundaries as proposed in the Petition. The Board of County Commissioners having made the foregoing FINDINGS OF FACT, Now, Therefore, make the following: III. CONCLUSIONS 1. The legislative authority of Grant County received a petition on the proposition to annex an area bordering the Port to the North and to the East, which did not have a port district designation. NOTICE OF DECISION: FINDINGS, CONCLUSIONS AND FINAL Page 4 DECISION OF THE GRANT COUNTY BOARD OF COMMISSIONERS 11 AFormsVCIVIL8VDepartmentsVCommissioners\Moses Lake Port Decision tim 2. The Petition to enlarge the boundaries of the Port by annexation met the legal requirements set forth in chapter 53.04 RCW. 3. The BOCC, pursuant to RCW 53.04.080, passed and adopted a resolution calling for a special election on the proposition to annex certain territory and enlarge the Port, to be held in accordance with RCW 29.13.010 and .020. 4. Pursuant to the BOCC's resolution, a special election was held on February 4, 2003, on the proposition of determining whether or not the area proposed to be annexed to the Port in the Petition, should be annexed to enlarge it's boundaries, as provided by law. 5. The majority of all votes cast at the February 4, 2003, special election upon the proposition of enlarging the Port by annexation, voted in the affirmative. 6. On February 14, 2003, the Grant County Canvassing Board certified the February 4, 2003, special election held in the several voting precincts wholly or partially within the area proposed to be annexed to the Port, approving the annexation of the aforementioned territory into to the Port, enlarging it's boundaries as proposed in the Petition. THE BOARD OF COUNTY COMMISSIONERS BY MAKING THE FOREGOING FINDINGS AND CONCLUSIONS, NOW, THEREFORE, MAKES THE FOLLOWING: IV. DECISION IT IS HEREBY ORDERED, Grant County Port District No. 10 is hereby enlarged so as to embrace within the limits thereof, the territory described in the annexation Petition, and described as follows: NOTICE OF DECISION: FINDINGS, CONCLUSIONS AND FINAL Page 5 DECISION OF THE GRANT COUNTY BOARD OF COMMISSIONERS H:AFormsVCIVICSVDepartmentsVCommissioners\Moses Lake fort Decision doc From a point of beginning at the northeast corner of Section 1, Township 20 N, Range 30 E. W.M., and extending westerly along the north boundary of Township 20 N., approximately 14 118 miles to a point where the Burlington Northern Railroad (Northern Pacific Railroad) right-of-way intersects the north boundary line of Sec. 3, Township 20 N, Range 28 E. W.M, thence in a northwesterly direction along said Burlington Northern Railroad (Northern Pacific Railroad) right-of-way and passing through Sections 34,27,28,21,16,8,5 and 6, in Township 21 N, Range 28 E. W.M. (being also the present boundary line of Grant County Port District 46) to the intersection with the north boundary of Section 6, Township 21N, Range 28 E. W.M, thence following the section line westerly approximately 3 < miles to the northwest corner of Sec. 3, Township 21 N, Range 27 E. W.M., thence southerly following the section line 8 miles to the southwest corner of Section 10, Township 20 N, Range 27 E.W.M., thence easterly following the section line 7 miles to the northwest corner of Section 14, Township 20 N., Range 28 F. W.M, thence southerly following the section line 5 miles to the southwest corner of Section 2, Township 19 N, Range 28 E. W.M., thence easterly following the section line 6 miles to the southwest corner of Section 2, Township 19 N., Range 29 E. W.M., thence., southerly approximately 1 %z miles to the center of the western boundary of Section 14, Township 19 N., Range 29 E, W.M. thence following in a straight line easterly to the center of the eastern boundary of Section 13, Township 19 N., Range 30 E. W.M., thence northerly following the section line approximately 8 '/z miles to the point of beginning; all being within the boundary of Grant County, Washington and thereupon the boundaries of Grant County Port District No. 10 shall be so enlarged and pursuant to RCW 53.04.100, the Board thereof shall have jurisdiction over the whole of Grant County Port District No. 10 as enlarged to the same extent, and with like power and authority, as though the additional territory had been originally embraced with the boundaries of Grant County Port District No. 10 as it previously existed and, It Is Further, ORDERED, that none of the lands or property embraced within the territory added to and incorporated within Grant County Port District No. 10 shall be liable to assessment for the payment of any outstanding bonds, warrants or other indebtedness of Grant County Port District No. 10, but such outstanding bonds, warrants or other indebtedness, together with interest thereon, shall be paid exclusively from assessments levied and collected on the lands and property embraced within the boundaries of the preexisting Grant County Port District No. 10. NOTICE OF DECISION: FINDINGS, CONCLUSIONS AND FINAL Page 6 DECISION OF THE GRANT COUNTY BOARD OF COMMISSIONHRS H \FormsVCIVIL8VDepartmentsVComnussioners\Moses Lake Port Decismn dM PASSED AND ADOPTED by the Board of County Commissioners of Grant County, Washington, at a regular meeting thereof, held on Februarya'S , 2003. DATED this c;S %day of February, 2003. BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Yea Nay Abstain 92 ❑ ❑ ifJOl� /De orah Kay Moo , Chair El ❑ 6+ Lee e oy C. Allisol , em er ff� ❑ ❑ Tim Sne d, M ber ATTEST: &NV`s Y 'i I" Orvella R. Fields, Clerk of the Board NOTICE OF DECISION: FINDINGS, CONCLUSIONS AND FINAL Page 7 DECISION OF THE GRANT COUNTY BOARD OF COMMISSIONERS 11 VFormsVCIVILBVDepartmentsVCommissioners\Moses Lake Vert Dcosion doc February 26, 2003 William J. Varney, Auditor Grant County Courthouse Ephrata WA 98823-0037 (iJ?AN'J' UOUN'J'Y OFFICE OF BOARD OIC' COIINTV COMMISSIONERS RE: Resolution No. 2003 -022 -CC Dear Mr. Varney: POST OFFICE BOX 37 EPHRATA, WASHINGTON 98823 (509)754-2011 Enclosed for your record, you will find a copy of Resolution No. 2003 -022 -CC, in re: the matter of the Grant County Port District No. 10 Annexation Petition, Notice of Decision: Findings, Conclusions and Order of the Board of County Commissioners Declaring Grant County Port District No. 10 Enlarged, which was signed by the Board of County Commissioners February 25, 2003. Thank you. Sincerely, BOARD OF COUNTY COMMISSIONERS aw"Ia3 Orvella R. Fields Administrative Assistant Clerk of the Board Enclosure cc. David G. Senne, Executive Manager, Port of Moses Lake (w/ enc.) Stephen J. Hallstrom, Chief Deputy Prosecuting Attorney (w/ enc.) TIM SNEAD DEBORAH MOORE LEROY ALLISON DISTRICT 1 DISTRICT 3 DISTRICT 2 "PROVIDING THE PUBLIC SAFE, RELIABLE, RESOURCE EFFECTIVE LOCAL GOVERNMENT SERVICES WITH INTEGRITY." JOHN KNODELL Prosecuting Attorney STEPHEN J. HALLSTROM ch.[ Deputy CATHLEEN NEILS Administrative Assistant Deputies CAROLE L HIGHLAND CAROLYN FAIR STEVE SCOTT ALBERT H. LIN EDWARD OWENS TEDDY E. CHOW ROBERT MOSER TERESA CHEN LYLIANEJ SHEETZ ;i � OFFICE OF GRANT COUNTY PROSECUTING ATTORNEY P.O. BOX 37 • EPHRATA, WASHINGTON 98823 (509) 754-2011, Ext. 450 • Fax (509) 754-3449 February 22, 2003 Board of County Commissioners Hand delivered Grant County Courthouse Ephrata WA 98823 RE: Grant County Port District No. 10 (Proposed) Order Dear Commissioners: As you are aware, voters recently approved the annexation of certain territory into Grant County Port District No. 10 ("Port"). Applicable statutes require that the Board of County Commissioners enter an order declaring the enlargement of the Port after the election is certified. We have enclosed a proposed Notice Of Decision: Findings, Conclusions And Order Of The Board Of County Commissions Declaring The Enlargement Of Grant County Port District No. 10 ("Order") for your review and consideration. The Auditor's Office and the Port should each be provided with a copy of the Order upon signature by the BOCC. Feel free to contact this office if you have any questions or desire changes to the Order. Sincerely, JOHN KNODELL P ecufng Attorney, 67 Steph n J. Hallstrom Chief Deputy Prosecuting Attorney SJH:jms Enclosure cc: William L. Varney, Auditor (w/ enc.) E CE FEB 2 42003 L_ GPANT COUNTY COMMISSIONERS