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STATE OF WASHINGTON
County of Jefferson
In the matter of a
Petition for the
Incorporation of lrondale
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RESOLUTION NO. 108-95
The Jefferson County Board of Commissioners enter the following findings: .
1) A notice of the proposed incorporation of new city entitled "Irondale" was filed with the Board
of County Commissioners on February 7, 1995.
Pursuant to Ch. 35.02 RCW, areas proposed for incorporation must contain not less than one
thousand five hundred inhabitants.
2)
3)
The area proposed for incorporation was determined to contain approximately two thousand two
hundred fifty inhabitants.
4)
The Board of County Commissioners provided a public meeting on March 21, 1995, held at the
Chimacum School Auditorium, a location near the proposed city, to allow persons favoring and
opposing the incorporation to state their views. Notification of the public meeting was published
in the Port Townsend/Jefferson County Leader on March 15, 1995.
5)
The petition for incorporation was filed with the County Auditor on September 18, 1995. The
County Auditor determined the petition was sufficient per the requirements of Ch. 35.02 RCW.
6)
7)
Jefferson County has no Boundary Review Board.
Pursuant to Ch. 35.02 RCW, the Board of County Commissioners shall hold a public hearing on
the proposed incorporation if no Boundary Review Board exists.
8)
The Board of County Commissioners shall establish and define the boundaries of the proposed
city or town, being authorized to decrease or increase the area proposed in the petition under the
same restrictions that a Boundary Review Board may modify the proposed boundaries.
9)
The Washington State Legislature amended Ch. 36.93 RCW by way of adopting Ch. 216 s. 15,
Laws of 1994, effective April 1, 1994.
10)
Pursuant to Ch. 36.93 RCW, a Boundary Review Board may adjust boundaries to add or delete
territory; however, a Boundary Review Board shall remove territory in the proposed
incorporation that is located outside of an urban growth area or is annexed by a city or town.
11)
The Board of County Commissioners adopted Ordinance No. 02-0110-94 designating an Interim
Urban Growth Area (IUGA) for an unincorporated area known as the "Tri-Area" in January,
1994. The Tri-Area IUGA is situated in the same general area as the proposed incorporation.
Subsequently on March 10, 1994, a petition for review of this designation was filed with the
Western Washington Growth Management Hearings Board (WWGMHB)by the City of Port
Townsend, Olympic Environmental Council and 1000 Friends of Washington (Case No. 94-2-
0006) to determine compliance with the Growth Management Act. The WWGMHB determined
in its final order issued on August 10, 1994 that the designation of urban growth areas outside of
Port Townsend to be non-compliant and ordered the County to eliminate the Tri-Area JUGA.
The Board of County Commissioners amended Ordinance No. 02-0110-94 by adopting
Ordinance 15-1028-94 which eliminated the Tri-Area IUGA designation.
12)
The Washington State Supreme Court issued a decision on October 12, 1995, in Vashon Island
Committee for Self Government, et. al. v. Washington State Boundary Review Board for King
County (Case No. 62306-6) in which the Court ruled that "counties that do not have boundary
review boards are subject to the same rules that apply to the establishment of boundaries of
proposed cities in counties with boundary review boards." King County has a boundary review
board. In this case which involved a petition to incol°~~~~ si\Ï~ t.~ t~elrondale petition, the
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Supreme Court concluded that "Because all of Vashon lies outside of the designated urban
growth areas of King County, the area cannot under current law be incorporated."
13)
The Board OfCOlffity Commissioners, pursuant to Ch. 36.93 RCW, is required to remove any
areas outside of urban growth areas. In doing so, no area for incorporation would remain.
Based on the findings entered above the Board of County Commissioners make the
following determination:
Whereas, a petition for the incorporation of the City of lrondale has been properly petitioned
for and certified by the County Auditor to be adequate; and,
Whereas, the Washington State Supreme Court has ruled that legislative bodies in counties
without Boundary Review Boards must follow the same procedures those with Boundary Review
Boards; and,
Whereas, the Washington State Supreme Court has ruled that areas outside of urban growth
areas cannot, under current law, be incorporated; and,
Whereas, the process to adjust boundaries as outlined in the statute would result in no area to
be incorporated containing no inhabitants; and,
Whereas, the resulting area for the proposed incorporation of lrondale does not meet the
legal requirements to become incorporated as outlined in Ch. 35.02 RCW; and,
Whereas, To hold a public hearing and to hold an election would be useless and vain acts.
Now Therefore Be It Resolved, that the petition for the incorporation of lrondale is hereby
rejected and the Clerk of the Board is directed to return the petition to the petitioner.
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D' i day of . / e1(x ~\lt.lJ.Vt , 1995.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Approved and adopted this
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Lorna Delaney, CMC Q
Clerk of the Board
VOL
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