A general requisite to the validity of any ordinance or resolution is that it conform to, and not violate, general statutes. 156 0 obj <> endobj The Board of Commissioners of Public Utility District No. 2 OF GRANT COUNTY October 13, 2020 The Commission of Public Utility District No. Where a statute specifically designates the things upon which it operates, there is an inference that the Legislature intended all omissions under the maxim expressio unius est exclusio alterius—specific inclusions exclude implication. PUBLIC UTILITY DISTRICT NO. In 1958, Richland was reincorporated under Washington law as a self-governing first class city. [4]   This conclusion is also consistent with Benton PUD practice from formation of the PUD in 1934 until 1982, during which time Benton PUD commissioner districts were set to include the entire city of Richland. 1125 Washington St SE • PO Box 40100 • Olympia, WA 98504 • (360) 753-6200 The Environment. Queets Band of Indians v. State, 102 Wn.2d 1, 4-5, 682 P.2d 909 (1984). Residential; Business; Conservation; Education; Power Supply; Your Account; Pay Your Bill; Water; Safety; Reliability; Construction; Bids; Newsroom; Videos; Careers; ... Upcoming Commission Meeting: Now conducted as a Zoom meeting during COVID-19 "Stay At Home" … 3. We see no reason to deviate from this position. PUDs, on the other hand, have only been granted authority to change commissioner district boundaries. See supra p. 3. ... Commissioner Malinowski represents District 1 in the North County area. Home. Initially, we observe that the creation of a county-wide PUD is authorized by RCW 54.08.010, which provides as follows: At any general election held in an even-numbered year, the county legislative authority of any county in this state may, or, on petition of ten percent of the qualified electors of the county based on the total vote cast in the last general county election held in an even-numbered year, shall, by resolution, submit to the voters of the county the proposition of creating a public utility district which shall be coextensive with the limits of the county as now or hereafter established. Commissioners Aubertin and Fagerlie will attend the Energy Northwest Member Forum in October. STAFF PRESENT: Jim Smith-General Manager, Ron Ihrig-Chief Operations Officer, Holly Dohrman-Power Manager, Kevin Ricks-LFG Site … If the current Benton PUD commissioner districts have been set inconsistent with state law, does the Benton County Auditor have a duty to revise the boundaries set by the Benton PUD commissioners? 181 0 obj <>/Filter/FlateDecode/ID[<32DE06F132E70D4B9231A9653A7AE3D1><9F6751736956664F9B700535CEB6EBCF>]/Index[156 48]/Info 155 0 R/Length 118/Prev 141658/Root 157 0 R/Size 204/Type/XRef/W[1 3 1]>>stream A G E N D A . If the current Benton PUD commissioner districts have been set inconsistent with state law, does the Benton PUD commission have authority to immediately revise such districts, or does it have to wait until 2006 pursuant to RCW 54.12.010? WENATCHEE WA 98801 . Panesko v. PUD 1, 9 Wn.2d 581, 588-89, 115 P.2d 692 (1941), “If a municipality does not have all the utilities, the board [of county commissioners] is not authorized to exclude it from a district commenced as a county-wide one. Present were Commissioners Fagerlie and Chris Kroupa, Manager John ... BOARD OF COMMISSIONERS Public Utility District Number One Ferry County, Washington President … The Board of Commissioners of Public Utility District No. Waggoner v. Ace Hardware Corp., 134 Wn.2d 748, 755, 953 P.2d 88 (1998). endstream endobj startxref Dial: 253-999-5697 . Whenever territory is added to a public utility district under RCW 54.04.035, the boundaries of the public utility commissioner districts shall be changed to include such additional territory. [1]   Apparently, the area within this precinct does receive electrical service from Benton PUD, along with a few other isolated areas of Richland that were not included in any PUD commissioner district. The Skamania PUD Board of Commissioners is having a … Geschwind v. Flanagan, 121 Wn.2d 833, 841, 854 P.2d 1061 (1993). Every ordinance or resolution adopted by a municipality must yield to the predominant power of the state. 3. To the extent there may be policy reasons that a PUD may desire to exclude from its boundaries territory that it does not provide with utility services, we defer to the Legislature. 1 of Klickitat County COMMISSION MEETING Tuesday, January 28, 2014 PRESENT: Commissioners Dan G. Gunkel-President, Ray A. Mosbrucker-Vice President and Randy L. Knowles-Secretary. Pursuant to RCW 54.12.010, PUD commissioner district boundaries can only be changed by the district commission. Conference ID: 877038# **Please remember to mute your phone to reduce background noise** 1 Skip navigation and go to content. Why is it so important? When interpreting a statute, a court will assume that the Legislature meant exactly what it said. Well, because the PUD has a wide jurisdiction and unique powers granted to it by the state of … REGULAR COMMISSION MEETING . Public participation will be by phone only . 2 of Grant County, Washington, convened at 9:00 a.m. via Microsoft Teams Meeting / +1 509‐703‐5291 Conference ID: 678 050 #6 with the following By Jon Humphrey • Oct 25, 2018 • Topics: Whatcom County, Elections, A very important, yet often overlooked position is on your ballot this fall. 327 N WENATCHEE AVENUE . Tuesday, August 13, 2019 . 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The only method for changing commissioner district boundaries is set forth in the last paragraph of RCW 54.12.010. 1 OF FERRY COUNTY REGULAR MEETING OF COMMISSIONERS December 21, 2015 The regular meeting of the Board of Commissioners was called to order by President Dan Fagerlie at 9:05 a.m. 2. Util. The courts are not concerned with the wisdom of a statute but only with its meaning and validity. In November 1948, Richland was disincorporated and became a federally controlled Atomic Energy Community operated by the Atomic Energy Commission. Public Hearing Circular. REGULAR COMMISSION MEETING . Each commission member is from a separate commissioner district. The statute does not include any language authorizing PUD commissioners to change the PUD territorial and jurisdictional boundaries. 1 OF FERRY COUNTY REGULAR MEETING OF COMMISSIONERS August 15, 2016 ... Commissioner Kroupa: 1. Atul Deshmane: Public Utility District 1, Commissioner District 2. She also serves on the board of directors for Spark Northwest. Public Utility District No. PUBLIC UTILITY DISTRICT NO. Senate Republican Campaign Comm. The county auditor can rely on this information and has no duty to independently verify its accuracy. While additional questions were posed, our affirmative answer to question 1 renders consideration of those questions unnecessary. 665, 674, 586 P.2d 135 (1978). To the contrary, this office has previously opined that “all registered voters who reside within the boundaries of a public utility district are entitled to vote in all district elections.”  AGLO 1982 No. It is well established that the territorial limits of a county-wide PUD are coextensive with those of the county and include all cities that do not already own or operate all utilities that a PUD is authorized to provide. Conference ID: 61705# **Please remember to mute your phone to reduce background noise** There is no evidence that Richland owned or operated all utilities within the operational authority of a PUD at the time Benton PUD was created or that Richland was excluded from the original boundaries of the PUD. As such, Richland must be included in the PUD commissioner districts when they are changed. 1 OF CHELAN COUNTY . By letter previously acknowledged, you have requested our opinion on the following questions: 1. MARCH 1, 2021 . OF PUBLIC UTILITY DISTRICT NO. WENATCHEE WA 98801 . Postmaster Grade 1, Hazrat Dak Ghar, Nizamuddin, Humayun's Tomb, Nizamuddin West, New Delhi, Delhi 110013 Indian Post Trilok Puri Road, Pocket 3, East Delhi, New Delhi, Delhi 110091 Only if a city is operating all of the utilities within the operational authority of a PUD at the time the PUD is formed will that city be excluded from the jurisdiction of a county-wide PUD. We conclude that RCW 54.12.010 does not authorize PUD commissioners to change the territorial and jurisdictional boundaries of a PUD. 1 OF CHELAN COUNTY 327 N WENATCHEE AVENUE WENATCHEE WA 98801 REGULAR COMMISSION MEETING DECEMBER 21, 2020 Public participation will be by phone only Dial: 1‐206‐207‐1700 Meeting ID: 177‐378‐2038# **Please remember to mute your phone to reduce background noise** (6) The boundaries of the public utility district commissioner districts may be changed only by the public utility district commission or by a court order issued pursuant to RCW 29A.92.110, and shall be examined every ten years to determine substantial equality of population in accordance with chapter 29A.76 RCW. From 1934 through 1982, you indicate that the Benton PUD commissioner districts were set to include all of the area within Richland. A void ordinance has no force or effect and may be successfully attacked at any time. Dial: 855-929-3239 (toll free) Meeting ID: 177-901-3094# **Please remember to mute your phone to reduce background noise** Based upon investigation by personnel from your office, Benton PUD, and Richland, you found no information suggesting that Richland owned or operated any utilities within the operational authority of a PUD at the time Benton PUD was formed. 1 of Klickitat County . To the contrary, under RCW 29.15.026(1), the PUD commissioners have a duty to provide the county auditor with accurate information describing the PUD and commissioner district boundaries. Accordingly, we find no duty for the county auditor to revise commissioner district boundaries. Under RCW 54.12.010, in a newly formed county-wide PUD in a county with three county legislative authority districts, one PUD commissioner is chosen from each of the three legislative authority districts until the PUD commissioners change the boundaries of the PUD commissioner districts: When the public utility district is county-wide and the county has three county legislative authority districts, then, at the first election of commissioners and until any change shall have been made in the boundaries of public utility district commissioner districts, one public utility district commissioner shall be chosen from each of the three county legislative authority districts. 1 OF CHELAN COUNTY . 1 of Skamania County (Skamania PUD) is a special-purpose district or municipal corporation governed by a board of three publicly elected commissioners. Further, authority for dissolution of a PUD is provided in RCW 54.08.080. WENATCHEE WA 98801 . %PDF-1.5 %���� 1998). PUDs may also be consolidated or enlarge their boundaries as provided in RCW 54.32.010. 1 OF FRANKLIN COUNTY MINUTES OF THE APRIL 25, 2017 REGULAR COMMISSION MEETING The Board of Commissioners of Public Utility District No. OCTOBER 5, 2020 . Time: KPUD Commission Meeting Start Time – 1:00 p.m. as Advertised . Snohomish County Public Utility District No. The most recent restructuring of commissioner district boundaries occurred in May 2002, which included only one voting precinct from within Richland city limits in a PUD commissioner district. 1, § 12, it states: No public utility district created hereunder shall include therein any municipal corporation, or any part thereof, where such municipal corporation already owns or operates all the utilities herein authorized: PROVIDED, that in case it does not own or operate all such utilities it may be included within such public utility district for the purpose of establishing or operating therein such utilities as it does not own or operate[. REGULAR COMMISSION MEETING . 8, at 3. Citing Royer v. Pub. PUBLIC UTILITY DISTRICT NO. The commission sets utility policy, approves annual budgets, establishes rates, approves major purchases and investments, and selects a general manager to oversee the utility operations and staff. Accordingly, we conclude that Richland must be included within Benton PUD commissioner districts established pursuant to RCW 54.12.010.[4]. Dial: 509-661-8872 . PUBLIC UTILITY DISTRICTS – ELECTIONS – DISTRICTS –COUNTYAUDITOR. Dist. If the current Benton PUD commissioner districts have been set inconsistent with state law, does the Benton County Auditor have a duty to revise the boundaries set by the Benton PUD commissioners? Present were Commissioners Fagerlie, Doug Aubertin and Chris Kroupa, ... 1. Except as provided in this section, RCW 29A.92.110, RCW 54.04.039, or in the case of an intervening … Specifically, your questions address the exclusion of parts of the city of Richland from Benton County PUD commissioner districts. 1. 2. [1] The decision by Benton PUD to include only a small portion of Richland in PUD commissioner districts has led to this inquiry. Under RCW 54.04.030, the relevant language of which has remained unchanged since the enactment of Laws of 1931, ch. 2 of Grant County, Washington, convened at 9:00 a.m. via Microsoft Teams Meeting / +1 509‐703‐5291 Conference ID: 678 050 6# with the following at 317. Three candidates have decided to run for the District 1 position of the Skagit Public Utilities District commission. No further items to report from his Portland meeting beyond what was already discussed about Bonneville Power. 1 v. Superior Ct. in and for Whatcom Cy., 199 Wash. 146, 158, 90 P.2d 737(1939). On the other hand, if a municipality does have all the utilities, it seems clear that the [board of county] commissioners cannot include it in any district.”. 203 0 obj <>stream Commissioners Present: … By Jon Humphrey • Oct 25, 2018 • Topics: Whatcom County, Elections, A very important, yet often overlooked position is on your ballot this fall. 1 of Benton County, 186 Wash. 142, 56 P.2d 1302 (1936), you indicate that Benton PUD was subsequently formed in 1934 pursuant to the procedures for establishing PUD boundaries coextensive with the limits of the county. Here, the resolution changing the PUD commissioner district boundaries conflicts with state law, rendering it void. Revised Attendance Guidelines for DDA Staff (February 2021). Seeid. While this statute sets forth how the boundaries of commissioner districts may be changed, we do not agree that it authorizes any portion of territory within the jurisdictional authority of a PUD to be excluded from a commissioner district. STATUS OF GRIEVANCE IN DDA ; ESIC EPF MONITORING APPLICATION; Staff Benefit Fund Circular & Application Form of 2020-21 (English). You indicate that during all or a portion of the period since reincorporation in 1958, Richland has operated both electrical and water utilities. It is for PUD (Public Utility District) District 1, Commissioner 2. Based upon this conclusion, the focus of your inquiry turns to whether the Benton PUD commission is authorized to exclude from PUD commissioner districts any or all of the territory included within the boundaries of Richland even though the entire city is included within the boundaries and jurisdiction of the PUD. The legislative intent of an unambiguous statute is derived solely from its language, and a court will resort to general rules of statutory construction to go behind the statute to determine legislative intent only if the statutory language is ambiguous. The Board of Commissioners of Public Utility District No. : 23386982 Additional … Richland was first incorporated as a fourth class city in 1910 and was entirely located within Benton County. Public policy issues are properly addressed to the Legislature, not the judiciary. endstream endobj 157 0 obj <. JUNE 15, 2020 . Richland has been within the jurisdictional authority of Benton PUD since the PUD was formed in 1934, and the Legislature has not granted the commissioners authority to exclude it or other PUD territory from PUD jurisdictional boundaries or commissioner districts. Are the Benton PUD commissioners, when setting their commissioner districts, required to include all areas within the Richland city limits within one or more Benton PUD commissioner districts? Dist. In fact, we find no statutory provision for reducing the territorial or jurisdictional boundaries of a PUD once it is formed. Request for Proposals 1 of Klickitat County. The PUD #1 is also involved in local environmental, salmon habitat restoration, and utility issues in an effort to better serve the residents of Whatcom County. 2 OF GRANT COUNTY December 8, 2020 The Commission of Public Utility District No. Fire protection districts are granted similar authority under RCW 52.08 and RCW 52.04.056. - 1 - CLALLAM COUNTY PUBLIC UTILITY DISTRICT #1 MINUTES OF THE REGULAR WEEKLY MEETING OF THE BOARD OF COMMISSIONERS February 26, 2018 The regular meeting of the Board of Commissioners of Clallam County Public Utility District #1 was held at the Main Office, 104 Hooker Road in Carlsborg, WA, on the above date commencing at 1:29 PM. Util. 1 of Franklin County held a regular meeting at 1411 West Clark, Pasco, WA, on April 25, 2017 at 1:00 p.m. Those present for all or part of the meeting from the District were Commissioner Bill PUBLIC UTILITY DISTRICT NO. 327 N WENATCHEE AVENUE . Christine Grant is challenging incumbent Jeffrey McClure to become the first woman commissioner of Public Utility District (PUD) 1 of Whatcom County. Public participation will be by phone only . Benton County Prosecutor [3] Because the Legislature has failed to expressly designate similar authority for the withdrawal of territory from the boundaries of a PUD, it is inferred that such authority was intentionally omitted under the maxim expressio unius est exclusio alterius. 0 The Board of Commissioners of Public Utility District No. 2. As such, the effect of the attempted boundary change is deemed not to have occurred. Public Utility District No. PUBLIC UTILITY DISTRICT NO. 327 N WENATCHEE AVENUE . Accordingly, the entire city of Richland is within the territorial boundaries and jurisdiction of Benton PUD. Additionally, it is clear that the Legislature knows how to grant a municipal corporation such as a PUD authority to withdraw or exclude territory from its jurisdictional boundaries. However, beginning in 1982, the Benton PUD commissioners established commissioner districts that excluded all or nearly all of Richland from PUD commissioner district boundaries. 1 BOARD OF COMMISSIONERS OF MASON COUNTY MIKE SHEETZ, Commissioner N. 2 1971 Hwy. � #t Such a theory, however, ignores not only rules of statutory construction but also the legally significant distinction between commissioner district boundaries established for the purpose of electing PUD commissioners and territorial boundaries establishing the jurisdictional area over which the Legislature has granted PUD commissioners the exercise of their authority. Util. In RCW 57.28, the Legislature has expressly established procedures for withdrawal of territory from water-sewer districts. v. City of Seattle, 117 Wn.2d 606, 617, 817 P.2d 1373 (1991); 6 Eugene McQuillin, Municipal Corporations § 21.32, at 317 (3d ed. The Honorable Andrew K. Miller OBSERVANCE OF VIGILANCE AWARENESS WEEK 2020 (Result of Events). BRIAN E. BUCHHOLZ Clark Public Utilities is governed by an elected board of three commissioners. App. Our answer, as set forth below, is in the negative. 12-8-2020 Board Minutes Page 1. Customer Service (M-F 8a-5:30p): 425-783-1000. ... With a locally elected Board of Commissioners, the PUD #1 has been meeting the utility needs of Whatcom County industries for over 80 years. 1998). Pursuant to RCW 54.12.010, a PUD is a municipal corporation governed by a commission consisting of elected commission members. Dist. Atul Deshmane: Public Utility District 1, Commissioner District 2. Id. 1 of Franklin County held a special meeting at 1411 West Clark, Pasco, WA, on March 28, 2017 at 9:00 a.m. Those present for all or part of the meeting from the District were Commissioner Bill Gordon, President; Commissioner Stu Nelson, Vice President; Commissioner Roger Wright, Secretary; Tim Nies, General Manager; Steve Palmer, General Counsel; Vic Under RCW 54.12.010, when a county-wide PUD is originally established, the PUD commissioner districts are coextensive with the PUD boundaries. Public participation will be by phone only . Likewise, in RCW 70.44.235 and RCW 70.44.400, the Legislature has expressly provided the method for withdrawal of territory from hospital district boundaries. Accordingly, it appears that the most appropriate corrective action is for the PUD commission to set commissioner district boundaries in accordance with state law at its earliest convenience. PUBLIC UTILITY DISTRICT NO. Grant is a first-time candidate who has spent 12 years becoming an industry expert, consulting for rural electric cooperatives, utilities, and government agencies. v. Pub. Under RCW 54.04.035, additional area may be annexed into a PUD and, pursuant to RCW 54.12.010, this annexed area is to be included in the boundaries of PUD commissioner districts. PUBLIC UTILITY DISTRICT NO. In construing whether RCW 54.12.010 authorizes PUD commissioners to change the territorial and jurisdictional boundaries of the PUD, we apply well recognized rules of statutory construction. The only method for changing PUD commissioner district boundaries is set forth in the last paragraph of RCW 54.12.010: The boundaries of the public utility district commissioner districts may be changed only by the public utility district commission, and shall be examined every ten years to determine substantial equality of population in accordance with chapter 29.70 RCW, but the boundaries shall not be changed oftener than once in four years, and only when all member of the commission are present. SeeDumas v. Gagner, 137 Wn.2d 268, 293, 971 P.2d 17 (1999). 1 of Whatcom County. WENATCHEE WA 98801 . The city of Richland is included within the territorial jurisdiction and boundaries of Benton PUD. Meeting ID: 462-546-421# **Please remember to mute your phone to reduce background noise** Board of Commissioners Meeting. Wash. Water Power Co. v. Superior Court, 187 Wash. 309, 60 P.2d 263 (1936); Hillier v. Pub. Employco Personnel Serv. 1 of Franklin County held a regular meeting at 1411 West Clark, Pasco, WA, on September 26, 2017 at 1:00 p.m. Those present from the District for all or part of the meeting were Commissioner Bill Gordon, President; Commissioner Stu Nelson, Vice President; Commissioner Roger Location: 1313 S. Columbus Ave. – Goldendale, WA PLEDGE OF ALLEGIANCE WORKSHOP 1:00 p.m. to 2:00 p.m.– Utilization of Drones for Line Inspections Boundaries of county-wide public utility district (PUD) commissioner districts established pursuant to RCW 54.12.010 must include all territory of the PUD, including any city not excluded from the boundaries of the PUD when it was originally established. In case of conflict, the ordinance is void. If the commissioner district boundaries submitted by a the board of a public utility district do not include all the territory of the public utility district in the districting plan, the public utility district board of commissioners has the authority, and the duty, to submit a new plan correcting this infirmity. RCW 54.12.010. Disclosure Comm’n, 133 Wn.2d 229, 241, 943 P.2d 1358 (1997). 1 OF FERRY COUNTY REGULAR MEETING OF COMMISSIONERS September 21, 2015 The regular meeting of the Board of Commissioners was called to order by President Dan Fagerlie at 9:00 a.m. Employco Personnel Serv., 117 Wn.2d at 617; 6 Eugene McQuillin, Municipal Corporations § 21.32, at 317 (3d ed. Board of Commissioners. Tuesday, December 8, 2020. Being void, it has no force or effect. Dial: 509-661-8872 . Our Citizens. Rather, such responsibility lies with the district commission. [3]   In addition to the express grant of authority to withdraw territory from their boundaries, these districts possess separate statutory authority to change their commissioner district boundaries: see RCW 52.14.013 for fire protection districts; RCW 57.12.039 for water-sewer districts; RCW 70.44.042, 70.44.047, and 70.44.054 for hospital districts. PUBLIC UTILITY DISTRICTS – ELECTIONS – DISTRICTS –COUNTYAUDITOR 1. State ex rel. If the current Benton PUD commissioner districts have been set inconsistent with state law, does the Benton PUD commission have authority to immediately revise such districts, or does it have to wait until 2006 pursuant to RCW 54.12.010? It is our understanding that Benton PUD is governed by a three member board of commissioners representing three commissioner districts. City of Seattle v. Grundy, 86 Wn.2d 49, 50, 541 P.2d 994 (1975); Swartout v. City of Spokane, 21 Wn. … While RCW 54.12.010 provides for a referendum petition to be filed with the county auditor within 90 days of the district commission adopting a resolution for proposed change of commissioner district boundaries, we find no authority for the county auditor to challenge boundaries set by the commission. PUBLIC UTILITY DISTRICT NO.                                                                         Assistant Attorney General. The Public Utility District No. In RCW 54.12.010, the Legislature has clearly expressed its intent to grant PUD commissioners the authority to change PUD commissioner district boundaries. However, we are not aware of an authorized process for a PUD to exclude all or part of a city, or for a city to seek exclusion from PUD territory, if the city subsequently begins to own or operate all utilities within the authority of a PUD. PUBLIC UTILITY DISTRICT NO. ], RCW 54.04.030. Your questions concern the authority of PUD commissioners to set PUD commissioner district boundaries that exclude all or part of a city that was included in the boundaries of a county-wide PUD when the PUD was originally established. As such, its boundaries when created were coextensive with those of the county, and all cities within the county are subject to its jurisdiction so long as they did not at that time own or operate all utilities that a PUD is authorized to provide and were included within the boundaries of the original district. Are the Benton PUD commissioners, when setting their commissioner districts, required to include all areas within the Richland City limits within one or more Benton PUD commissioner districts? When the commissioners of public utility districts draw new commissioner districts after a decessional census, they must include in their plan all the territory within any city which did not, at the time the public utility district was organized, own or operate all of the utilities which a public utility district is authorized to furnish; it is … 3, 188 Wash. 602, 611-13, 63 P.2d 392 (1936); Pub. OF PUBLIC UTILITY DISTRICT NO. The Board of Commissioners Virtual Meeting Tuesday, March 23, 2021 9:00 a.m. - 12:00 p.m. Zoom Link: TBD Meeting ID: TBD Call in Number: US +1 669 900 6833 Please Contact ClerkoftheBoard@kpud.org for Information The courts will not read into a statute matters that are not there or things it conceives the Legislature has left out unintentionally.
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