2004, 03-30 Spokane County Resolution 4 0260: rescinding Resolution 4 0173 3
Na 4 0260
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY,WASHINGTON
IN THE MATTER OF RESCINDING )
SPOKANE COUNTY RESOLUTION NO. )
2004-0173 WHICH CALLED FOR AN )
ELECTION WHEREIN THE ELECTORS )
WITHIN THE CITY OF SPOKANE )
VALLEY AND THE ELECTORS WITHIN )
SPOKANE COUNTY FIRE ) RESOLUTION
PROTECTION DISTRICT 1 AND )
SPOKANE COUNTY FIRE )
PROTECTION DISTRICT NO. 8 WOULD )
VOTE ON WHETHER THE CITY OF )
SPOKANE VALLEY SHOULD BE )
ANNEXED INTO AND REMAIN A PART )
OF SPOKANE COUNTY FIRE DISTRICT )
1 AND SPOKANE COUNTY FIRE )
PROTECTION DISTRICT NO. 8 )
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners of Spokane County has the care of County property and the management of County
funds and business; and
WHEREAS, pursuant to the provisions of Ordinance No. 04-003, passed by the City
Council of the City of Spokane Valley on January 20, 2004; Resolution No. 2004-220, passed by
the Board of Commissioners of Spokane County Fire Protection District 1 Commissioners on
January 21, 2004; and Resolution No. 04-02, passed by the Board of Commissioners of Spokane
County Fire District No. 8 on January 21, 2004, all three public bodies determined to place before
the electors within the City of Spokane Valley, Spokane County Fire Protection District 1 and
Spokane County Fire Protection District No. 8 respectively whether or not portions of the City of
Spokane Valley, currently located in respective portions of the Fire Protection Districts, should be
annexed into and remain a part of the respective Fire Protection Districts; and
WHEREAS, pursuant to the provisions of RCW 52.04.071 and provisions of Ordinance
No. 04-003, passed by the City of Spokane Valley on January 20, 2004; and Resolution No. 2004-
220, passed by the Board of Commissioners of Spokane County Fire Protection District 1 on
January 21, 2004; and Resolution No. 04-02, passed by the Board of Commissioners of Spokane
County Fire Protection District No. 8 on January 21, 2004, the Board of County Commissioners of
Spokane County passed Spokane County Resolution No. 2004-0173 wherein the Board called for a
Special Election to be held on Tuesday, April 27, 2004, at which an election would be held on
Page 1 of 2
4 0260
whether the City of Spokane Valley should be annexed to and remain a part of Spokane County
Fire Protection District 1 and Spokane County Fire Protection District No. 8; and
WHEREAS, the City Council of the City of Spokane Valley, in correspondence attached
hereto and incorporated herein by reference, advised the Board of County Commissioners that they
desired to cancel the special election called by the Board of County Commissioners under Spokane
County Resolution No. 2004-0173; and
WHEREAS,the Spokane County Prosecuting Attorney's Office, statutory legal counsel for
the Board of County Commissioners has advised the Board that it may legally cancel a scheduled
election that it has called at any time before the absentee ballots have been mailed.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County
Commissioners of Spokane County, based upon correspondence received from the City Council of
the City of Spokane Valley, that Spokane County Resolution No. 2004-0173 is hereby rescinded
and the special election scheduled to be held on Tuesday, April 27, 2004, wherein certain ballot
propositions within such resolution were to be submitted to the electors within the City of Spokane
Valley, the electors within Spokane County Fire Protection District 1 and the electors within
Spokane County Fire Protection District No. 8, is hereby cancelled. The Clerk of the Board of
County Commissioners is hereby directed to immediately transmit a copy of this Resolution to the
Spokane County Auditor.
PASSED AND ADOPTED this- % )day of 22a/.. , 2004.
� BOARD OF COUNTY COMMISSIONERS
° c£c J:r4,L. ��� OF SPOKANE, COUNTY,WASHINGTON
it O' Cp 6,. �,p �l
go •y e' v' i
IIIO` •.•sent •.• yid' P IP HARRIS, Chair
ATTEST: �t tutE
r
�� cacn
VICKY M. DALTON '`��' -- ' i��o �
CLERK OF THE BOARD O___---•
M. KATE ► CCASL1N, Vice-Chair
Y: Aff
Daniela Erickson,Deputy J• ROSKELLEY
H:UZaagn an\Resolutions\spokane Valley anexation election 022004.doc
Page 2 of 2
4 0260 RE�Ei`rJ
Siliie
rnv OF
ly COUNTY COMMISSIONERS
11707 E Sprague Ave Suite 106♦ Spokane Valley WA 99206
509.688-0053 • Fax: 509.921.1008 ♦cityhall@spokanevaUey.org
March 25,2004
Francine Boxer,Chief Executive Officer
Board of County Commissioners for
Spokane County
1116 West Broadway,Room 100
Spokane, WA 99260
Re: Removal of fire district annexation from April 27, 2004 election date
Dear Francine:
Please convey the contents of this letter to the Board of County Commissioners as
quickly as possible so that the Board may consider action on our request when they meet
next Tuesday. As you may know, our staff has been working on resolving some issues
relating to the pending election for annexation of Spokane Valley to Fire Districts 1 and
8. The primary issue was whether this is a matter that is required by law to be submitted
to the Boundary Review Board for review. Specifically, the attorney for the BRB
rendered an opinion that in an election for annexation of a new city to two fire districts,
the issue would need to be submitted on a Notice of Intention to the BRB. Our attorney,
and the attorney for the two fire districts, came to the opposite conclusion, that annexing
to the fire districts does not represent a"change of boundaries"as contemplated by RCW
36.93.090(a)(l). The attorney for the BRB asserts that if the election does not pass; the
boundaries would be changed, thus requiring the review. We fmd no support for that
assertion.
However, in resolving that issue in the manner that appears to chart the safest course, and
to provide the highest level of certainty that the results of an election regarding this
matter will remain enforceable, our City Council approved two motions last night. The
first motion was for Spokane Valley to request that Spokane County remove this issue
from the April 27, 2004 election ballot. We understand from attorney Jim Emacio and
Paul Brandt at the Elections Department that Spokane County has not incurred any
outside costs on this to date. I wanted to make sure, for your benefit and ours, that we
notify you in as timely manner as possible of this request to avoid any such costs.
4 0260
Francine Boxer, Chief Executive Officer
March 25,2004
Page 2
Spokane Valley recognizes that once the Board of County Commissioners takes formal
action on March 30,2004 to take this matter is off the ballot for April 27,there would be
insufficient time, as a matter of law, to re-set it for that date. As a result, we would then
have to look at a later election date.
The second motion is more for the Boundary Review Board,but I wanted to let you know
what will occur. The Council moved for Spokane Valley to submit the election
proposition to the BRB as soon as all of the requisite paperwork is completed. Our goal,
and that of the two fire districts, is to hold the election on this issue on September 14,
2004.
Let me know if you need any additional information. We appreciate your assistance in
resolving these issues.
Very truly yours,
David Mercier, City Manager
cc: Spokane Valley City Council
Jim Emacio,Chief Civil Deputy Prosecuting Attorney
Paul Brandt,Elections Department
Chief Mark Grover,Fire District 1
Chief Dan Blystone, Fire District 8
Clark Snure,Attorney for Fire Districts 1 and 8