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HomeMy WebLinkAbout4219RESOLUTION NO. 4219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ESTABLISHING NOVEMBER 6, 2007 AS THE DATE OF A SPECIAL ELECTION ON THE QUESTION OF ANNEXATION TO THE CITY OF AUBURN, OF AN UNINCORPORATED AREA KNOWN AS THE "TOTEM ANNEXATION AREA" PASSED AT A SPECIAL MEETING OF THE CITY COUNCIL WHEREAS, the City Council has previously enacted resolutions to have certain annexations placed before the voters of the annexation areas, to wit: Resolution No. 4140, January 16, 2007, (Totem), and Resolution No. 4141, January 16, 2007 (Klump), which would have placed before the voters of the respective annexation areas the question of whether these areas should be annexed into the City of Auburn; and WHEREAS, both of these areas are served by defunct Fire District 31, a fire district in name only as it has no active commissioners, has no property, has no officials or representatives who are willing or able to take action in connection with the purposes and functions of the fire district; and WHEREAS, the result of the defunct status of this fire district is that the City of Auburn has, without benefit of regular contract payments or without compliance with contracts or agreements for service, has been providing fire protection services to the areas of the proposed annexation without compensation and without contribution towards such services by the residents who would benefit from such services; and WHEREAS, the lack of fire protection district services and the imposition of those services essentially gratuitously, on the part of the City of Auburn, was instrumental in pushing the annexations in the first place but the annexations were slated for placement on the November 2007 general election ballot, however, necessary for the resolutions to be placed on the ballot, it is necessary for the King County Council likewise endorse and approve resolutions or enactments that would accomplish the same; and WHEREAS, unbeknownst to the City of Auburn, the King Council does not meet during the month of August, a timetable that is critical in light of the new election schedules, for King County Council action to ensure the placement of these annexation issues on the November, 2007 ballot; and WHEREAS, while individually each one of these factors would not constitute an emergency, the combination of all of these factors poses a serious emergency in terms of the continued ability to provide fire protection service to ------------------ Resolution No. 4219 July 30, 2007 Page 5 of 5 the annexation areas and thus constitutes an emergency excusing the notice requirements typical for city council meetings; and WHEREAS, on January 16, 2007, the City Council of the City of Auburn adopted Resolution No. 4140 which directed the filing of a notice of intent to annex the Totem Annexation Area with the King County Boundary Review Board, and WHEREAS, the Notice of Intent to Annex was submitted to the Boundary Review Board, and WHEREAS, the Boundary Review Board review period concluded on July 3, 2007 with no jurisdiction having been invoked; WHEREAS, the City has determined to call for a special election to be held in conjunction with the primary election on November 6, 2007 and to submit the question of annexation as a ballot question as authorized by RCW 35A.14.085. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: SECTION 1. Findings: A. The City Council of the City of Auburn, by Resolution No. 4140, has determined that it is in the public interest and general welfare to provide for the annexation of an area known as the Totem Annexation Area, in accordance with Chapter 35A.14 RCW. B. Auburn Resolution No. 4140 satisfies the provisions of Chapter 35A.14 RCW for qualification for annexation. C. Auburn Resolution No. 4140, initiated the annexation of the Totem Annexation Area. D. The King County Boundary Review Board received a request for review under Chapter 36.93 RCW; E. Pursuant to Chapters 29A.04 and 35A.14 RCW, the Auburn City Council deems an emergency exists for the purpose of calling a special election to be held on the question of this annexation on November 6, 2007. SECTION 2. Special Election: A special election shall be held on the 6th day of November, 2007 in accordance with Chapter 35A.14 RCW within the territory of the ------------------ Resolution No. 4219 July 30, 2007 Page 5 of 5 proposed annexation, for the purpose of submitting the question of annexation of the Totem annexation area. SECTION 3. Registered Voters: The number of registered voters within the subject area is estimated at 74 as nearly as may be determined from available records. SECTION 4. Emergency: Pursuant to RCW 29A.04.321 and 35A.14.050, it is hereby deemed that an emergency exists for purposes of calling a special election. The King County director of the records, elections and licensing services division is hereby requested to assume jurisdiction to call and conduct a special election and submit to the registered voters within the subject area of the propositions as set forth in section 4 of this resolution. The Clerk of the Council is hereby authorized and directed to transmit this proposition to the director of the records, elections and licensing services division in substantially the following form, with such additions, deletions or modifications in the ballot title as may be required for the proposition listed below by the King County prosecutor: PROPOSITION 1. The Auburn City Council passed Resolution No. 4219 concerning annexation of the Totem Annexation Area which would authorize annexation of that area of unincorporated King County known as the Totem Annexation Area as legally described in Attachment A. Shall that area of unincorporated King County known as the Totem Annexation Area as legally described in Attachment A be annexed to the City of Auburn? For annexation Against annexation SECTION 5. Director Authorization: The director of the records, elections and licensing services division is hereby authorized and requested to prepare and distribute a local voters' pamphlet, pursuant to K.C.C. 1.10.010, for the special election called for in this resolution, the cost of the pamphlet to be included as part of the cost of the special election. SECTION 6. Boundaries: The boundaries of the territory proposed for annexation are hereby described as contained in Attachment A to this resolution. ------------------ Resolution No. 4219 July 30, 2007 Page 5 of 5 SECTION 7. Voters' Pamphlet Committees Pursuant to RCW 29A.32.280, the following individuals are appointed to serve on the voters' pamphlet committees, each committee to write a statement for or against the proposed annexation ballot measure: FOR 1. 2. 3. AGAINST 1. 2. 3. It is provided, however, that if insufficient names of volunteers willing to serve on the voters' pamphlet committees are identified by the date that this Resolution is passed, the Mayor shall be authorized to add such names as are subsequently received and submit those names to the County Auditor. SECTION 8. Resolution to be Filed: A certified copy of this Resolution shall be filed with the King County Department of Records and Elections and the King County Council. SECTION 9. Administrative Procedures: The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. SECTION 10. Effective Date: This Resolution shall be in full force and effect upon passage and signatures hereon. PASSED this 30th day of July, 2007. C~~OF' N~ ~~~~ ~ ~ `^' ~. _---° _ -- ~ -- PET B. LEWIS, Mayor ------------------ Resolution No. 4219 July 30, 2007 Page 5 of 5 ATTEST: ~ ~, Danielle E. Daskam, City Clerk Ap niel B. Heim City ------------------ Resolution No. 4219 July 30, 2007 Page 5 of 5