Loading...
HomeMy WebLinkAbout120318_ca02 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners �i FROM: Philip Morley, County Administrator DATE: December 3, 2018 RE: Proposed Resolution Calling For A Special Election On February 12, 2019 In The City Of Port Townsend And Jefferson County Fire District No. 1 For A Ballot Proposition To Annex The City of Port Townsend To Jefferson County Fire Protection District No. 1 DBA East Jefferson Fire Rescue. STATEMENT OF ISSUE: The Board of County Commissioners will consider adoption of a proposed resolution calling for a special election on February 12, 2019 In the City of Port Townsend and Jefferson County Fire District No. 1 for a ballot proposition to annex the City of Port Townsend to Jefferson County Fire Protection District No. 1 also known as East Jefferson Fire Rescue. ANALYSIS: RCW 52.04.061 and RCW 52.04.071 provide a procedure allowing a city or town with a population of 300,000 or less and located within reasonable proximity to a fire protection district to be annexed to such district, by the legislative authority of the city or town adopting an ordinance stating an intent to join the fire protection district and finding that the public interest will be served thereby, and by the board of fire commissioners of the fire protection district concurring in the annexation, and notifying the county legislative authority. On October 15, 2018 the City Council of the City of Port Townsend adopted Ordinance No. 3197, declaring its intent to annex the City of Port Townsend to Jefferson County Fire District No. 1, doing business as East Jefferson Fire and Rescue, in accordance with RCW 52.04.061 through RCW 52.04.131 (see ATTACHMENT 1). On October 17, 2018, the Jefferson County Fire Protection District No. 1 Board of Commissioners adopted Resolution No. 18-08 concurring in the annexation of the City of Port Townsend into East Jefferson Fire Rescue (ATTACHMENT 2). On November 16, 2018 the Jefferson County Board of Commissioners received notification of the proposed annexation and certified copies of the city ordinance and the fire protection district's resolution of concurrence, along with a request to call for a special election to be held on February 12, 2019. RCW 52.04.071 directs the county legislative authority, upon such notification, to adopt a resolution calling a special election to be held in the city and in the fire protection district at the next date according to RCW 29A.04.321, which is February 12, 2019, and causing notice of the election to be given as provided for in RCW 29A.52.355. 1 A proposed resolution is included as ATTACHMENT 3 for Board approval, calling for a special election on February 12, 2019 In the City of Port Townsend and Jefferson County Fire District No. 1 for a ballot proposition to annex the City of Port Townsend to Jefferson County Fire Protection District No. 1 also known as East Jefferson Fire Rescue. FISCAL IMPACT: None to the County, except for the minor cost of publishing legal notice. RECOMMENDATION: As required by law, pass a resolution calling for a special election on February 12, 2019 In the City of Port Townsend and Jefferson County Fire District No. 1 for a ballot proposition to annex the City of Port Townsend to Jefferson County Fire Protection District No. 1, DBA East Jefferson Fire Rescue. REVI ..yvED BY: e J/4, Philip Morley, tounty, AdTinistrator Date 2 0.8(vmen4` 1 Ordinance 3197 Page 1 of 2 ORDINANCE NO. 3197 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, JEFFERSON COUNTY, WASHINGTON, STATING THE INTENT OF THE CITY COUNCIL TO ANNEX INTO AND JOIN JEFFERSON COUNTY FIRE PROTECTION DISTRICT NO. 1 DBA EAST JEFFERSON FIRE RESCUE IN ACCORDANCE WITH RCW 52.04.061 THROUGH .131 TO CONTINUE PROVIDING FOR FIRE PREVENTION, FIRE SUPPRESSION, EMERGENCY MEDICAL AND HAZARDOUS MATERIAL INCIDENT RESPONSE SERVICES WITHIN THE CITY WHEREAS, the City Council of the City of Port Townsend finds that it is essential and necessary for the protection of the health, life and property of the residents of the City and that it is in the public interest of the residents of the City that the City annex to and become part of East Jefferson Fire Rescue ("EJFR") in accordance with RCW 52.04.061 through .131; and, WHEREAS, the City qualifies to annex to East Jefferson Fire Rescue since the City is adjacent to East Jefferson Fire Rescue and the City presently has a population of less than 300,000 persons; and, WHEREAS, On July 5, 2011, Council adopted Ordinance 3058, which requested that East Jefferson Fire Rescue consider annexation. East Jefferson Fire Rescue Board adopted Resolution 11-05, concurring in the City's request, and Resolution 11-07, which called for an election on the annexation question. However, shortly thereafter the City decided not to pursue annexation because of challenges related to the impact of unanticipated property tax valuations, which would have created a funding disparity between taxpayers within and without the City. Therefore, the East Jefferson Fire Rescue Board adopted Resolution 11-08 on August 16, 2011, which rescinded the request for an election authorized by 11-07; and, WHEREAS, because of the desires expressed by the District to seek levy measures in the near term, City staff believes that it is appropriate for Council to reconsider whether annexation is in the best interests of the City at this time to avoid another joint levy process that could be a repeat of the last joint attempt; and, • WHEREAS, having considered the costs of contracting with East Jefferson Fire Rescue to provide services to the City, and the advantages of having a consolidated governance structure for East Jefferson Fire Rescue, Council believes that annexation is in the City's best interests; NOW THEREFORE, the City Council of the City of Port Townsend do ordain as follows: Section I. It is hereby declared to be the intent of the City Council as legislative authority of the City to join East Jefferson Fire Rescue and to be annexed to such Fire Protection District in accordance with RCW 52.04.061 through .131.The City Clerk is hereby authorized and directed to notify the Board of Commissioners of East Jefferson Fire Rescue of its above stated intention and to request its concurrence in the annexation. Ordinance 3197 Page 2 of 2 Section 2. If the Board of East Jefferson Fire Rescue shall concur in the proposed annexation of the City of Port Townsend, the City Clerk and the Clerk of the Board shall transmit thereof to the Jefferson County Commissioners per RCW 52.04.061 and RCW 56.04.071. Section 3. This Ordinance shall be in full force and effect five days after passage, approval and publication according to law. ADOPTED by the City Council of the City of Port Townsend, Washington at a special meeting thereof, held this 15th day of October, 2018. i( 4-'60. — Deborah S. Stinson Mayor Attest: Approved as to form: Joanna Sanders, MMC I leidi Green ood City Clerk City Attorney I certify that this is a true and correct copy of a d c ment in the posse sion oft ' ff 1:1orat41SS► as of this • 67 o/8 date. • 'n.tur•j i tt rik Title -107114p. EAST JEFFERSON FIRE RESCUE or 24 Seton Rd• Port Townsend WA 98368 EAST JEFFERSON 360.385.2626 • ejfr.org -\\,- FIRE-RESCUE -\\- * ti„ ,; * CERTIFICATION I, the undersigned, HEREBY CERTIFY that the attached Resolution No. 18-08 is a full, true and correct copy of the Resolution duly adopted at a regular meeting of the East Jefferson Fire Rescue Board of Commissioners, duly and regularly held at on October 17, 2018, of which meeting all members of said Board had due notice and at which a majority thereof were present; and that at the meeting said Resolution was adopted by unanimous vote. I FURTHER CERTIFY that I have carefully compared the same with the original Resolution on file and of record in my office; that said Resolution is a full, true and correct copy of the original Resolution adopted at said meeting; and that said Resolution has not been amended, modified or rescinded since the date of its adoption, and is now in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the official seal of said East Jefferson Fire Rescue on November 16, 2018. East Jefferson Fire Rescue { . By: Z(JAIM4-//41litk-- 6114 . \‘`'` • N ••� '� Its: District Secretary W•.n0 �atApk 01.r ©f. A NNS‘‘`,`\� t17.114"''' 'Age Serving the Communities of: Port Townsend •Port Hadlock•Chimacum • Irondale• Kala Point•Cape George •Marrowstone Island JEFFERSON COUNTY FIRE PROTECTION DISTRICT No. 1 DBA EAST JEFFERSON FIRE RESCUE RESOLUTION NO. 18-08 A RESOLUTION CONCURRING IN THE CITY OF PORT TOWNSEND'S INTENT TO ANNEX INTO THE FIRE PROTECTION DISTRICT AND REQUESTING THAT THE COUNTY CALL A SPECIAL ELECTION TO PLACE THE MEASURE BEFORE THE VOTERS OF THE DISTRICT AND THE CITY. WHEREAS, The City of Port Townsend in Ordinance NO. 3197 declared.its intention to annex into Jefferson County Fire Protection District No. 1 dba East Jefferson Fire Rescue ("East Jefferson Fire Rescue"); and WHEREAS, the annexation of the City of Port Townsend into the East Jefferson Fire Rescue would assure that the District will continue to provide fire protection and emergency medical services to the residents of the City and the District in the same manner that it currently provides services; and WHEREAS,East Jefferson Fire Rescue concurs that the annexation of the City of Port Townsend into the District will serve the public interest of the citizens of East Jefferson Fire Rescue and the citizens of the City of Port Townsend. NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of East Jefferson Fire Rescue as follows: Section 1. The Board of Commissioners concurs in the annexation of the City of Port Townsend into East Jefferson Fire Rescue. Section 2.The Board of Commissioners requests that the Jefferson County Commissioners adopt a Resolution as required by RCW 52.04.171 and call for special election to be held on February 12, 2019 in the Fire Protection District and the City of Port Townsend and submit to the voters at such election a ballot proposition in substantially the following form: PROPOSITION NO. ANNEXATION OF CITY OF PORT TOWNSEND INTO JEFFRESON COUNTY FIRE PROTECTION DISTRICT 1. Shall the City of Port Townsend be annexed to and become a part of Jefferson County Fire Protection District No. 1 dba East Jefferson Fire Rescue. Yes ❑ No ❑ Section 3. The Chief or the District Secretary is hereby authorized and directed to notify the Jefferson County Commissioners of the above stated intention by providing a copy of this Resolution and to request that the County Commissioners adopt a resolution calling for an election. 18-08 Intent to Annex October 17,2018 Section 4. The Chief or designee is authorized to implement such administrative procedures as may be necessary to carry out the directives of this resolution. ADOPTED at an open public meeting of the Board of Commissioners of East Jefferson Fire Rescue on October 17,2018. JEFFERSON COUNTY FIRE PROTECTION DISTRICT NO. 1 BOARD OF COMMISSIONERS 4 .,,,... ..., ,,,....vacci.v,„ 1 / Rich Stap Jr., Chairman Commissioner ----- C21,---"- 46 to David Johnson, Commissioner ATTEST: £ u1 . i - ��-' Ter- Ysseldyk" 11,Di ct Secretary 18-08 Intent to Annex October 17, 2018 ,C,I1Me1+ C STATE OF WASHINGTON Jefferson County Calling For A Special Election On February 12, 2019 In } The City Of Port Townsend And Jefferson County Fire } District No. 1 For A Ballot Proposition To Annex The } RESOLUTION NO. -18 City of Port Townsend To Jefferson County Fire } Protection District No. 1 DBA East Jefferson Fire Rescue } WHEREAS,RCW 52.04.061 provides a procedure allowing a city or town with a population of 300,000 or less and located within reasonable proximity to a fire protection district to be annexed to such district,by the legislative authority of the city or town adopting an ordinance stating an intent to join the fire protection district and finding that the public interest will be served thereby, and by the board of fire commissioners of the fire protection district concurring in the annexation, and notifying the county legislative authority; and WHEREAS,pursuant to RCW 52.04.061, on October 15, 2018 the City Council of the City of Port Townsend adopted Ordinance No. 3197, declaring its intent to annex the City of Port Townsend to Jefferson County Fire District No. 1, doing business as East Jefferson Fire and Rescue, in accordance with RCW 52.04.061 through RCW 52.04.131; and WHEREAS,pursuant to RCW 52.04.061, on October 17 2018,the Jefferson County Fire Protection District No. 1 Board of Commissioners adopted Resolution No. 18-08 concurring in the annexation of the City of Port Townsend into East Jefferson Fire Rescue; and WHEREAS,RCW 52.04.071 directs the county legislative authority, upon being notified of a city ordinance declaring the city's intention to annex to a fire protection district, and the fire protection district's concurrence,to adopt a resolution calling a special election to be held in the city and in the fire protection district at the next date according to RCW 29A.04.321, and causing notice of the election to be given as provided for in RCW 29A.52.355.; and WHEREAS,on November 16, 2018 the Jefferson County Board of Commissioners received notification of the proposed annexation and certified copies of the city ordinance and the fire protection district's resolution of concurrence, along with a request to call for a special election to be held on February 12, 2019; NOW THEREFORE,THE JEFFERSON COUNTY BOARD OF COMMISSIONERS DOES HEREBY RESOLVE: 1 of 3 Section 1. Findings. The "Whereas" recitals contained in the preamble of this Resolution are hereby adopted in their entirety as findings. Section 2. Calling a Special Election on February 12,2019. The Jefferson County Board of Commissioners hereby calls a special election on a ballot proposition to be held in the City of Port Townsend and in Fire Protection District No. 1, doing business as East Jefferson Fire Rescue on February 12, 2019 which is the next date according to RCW 29A.04.321, and shall cause notice of the election to be given as provided for in RCW 29A.52.355. Section 3. Proposition for Annexation of City of Port Townsend to Jefferson County Fire Protection District No. 1. The Board of County Commissioners hereby requests that the Jefferson County Auditor submit a proposition, to the qualified electorate of the City of Port Townsend and Fire District No. 1 for a vote at the February 12, 2019 special election in a form consistent with the requirements of law and consistent with this Resolution, and substantially in the following form: JEFFERSON COUNTY PROPOSITION NO. 1 ANNEXATION OF CITY OF PORT TOWNSEND INTO JEFFERSON COUNTY FIRE PROTECTION DISTRICT NO. 1. Shall the City of Port Townsend be annexed to and become a part of Jefferson County Fire Protection District No. 1, doing business as East Jefferson Fire Rescue? YES ❑ NO 0 Section 4.—Explanatory Statements and Pro and Con Committees. The City of Port Townsend and in Fire Protection District No. 1, doing business as East Jefferson Fire Rescue, are authorized for the election in their jurisdictions to submit explanatory statements that are approved by the City Attorney of the City of Port Townsend pursuant to RCW 29A.32.241(1)(d) and jointly to formally appoint a committee to prepare arguments advocating voters' approval of the measure and formally appoint a committee to prepare arguments advocating voters' rejection of the measure pursuant to RCW 29A.32.241(1)(e) and RCW 29A.32.280. Section 5. Corrections. The Jefferson County Prosecuting Attorney, the County Auditor, Clerk of the Board, or their designee, is authorized to make necessary clerical corrections to this Resolution including, but 2 of 3 not limited to,the correction of scrivener's or clerical errors, references, Resolution numbering, section/subsection numbers and any references thereto. APPROVED AND ADOPTED this 3`d day of December, 2018, in Port Townsend, Washington. JEFFERSON COUNTY BOARD OF COMMISSIONERS SEAL: David Sullivan, Chair ATTEST: Kate Dean, Member Carolyn Gallaway Kathleen Kler, Member Deputy Clerk of the Board APPROVED AS TO FORM: Philip C. Hunsucker Chief Civil Deputy Prosecuting Attorney 3 of 3