Queets Band of Indians v. State, 102 Wn.2d 1, 4-5, 682 P.2d 909 (1984). 1. PUDs may also be consolidated or enlarge their boundaries as provided in RCW 54.32.010. In fact, we find no statutory provision for reducing the territorial or jurisdictional boundaries of a PUD once it is formed. Further, authority for dissolution of a PUD is provided in RCW 54.08.080. Grant is a first-time candidate who has spent 12 years becoming an industry expert, consulting for rural electric cooperatives, utilities, and government agencies. Public participation will be by phone only . OF PUBLIC UTILITY DISTRICT NO. 1 of Klickitat County . Public participation will be by phone only . Public Utility District No. 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** See supra p. 3. Attended the TEDD meeting in Colville. 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. 1 of Klickitat County. 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. 2. The Environment. Attendance is noted below. By letter previously acknowledged, you have requested our opinion on the following questions: 1. Pursuant to RCW 54.12.010, a PUD is a municipal corporation governed by a commission consisting of elected commission members. 101 JACK JANDA, Commissioner Shelton, Washington 98584 RON GOLD, Commissioner (360) 877-5249 (800) 544-4223 FAX (360) 877-9274 www.mason-pud1.org . at 317. [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. 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? REGULAR COMMISSION MEETING . OBSERVANCE OF VIGILANCE AWARENESS WEEK 2020 (Result of Events). WENATCHEE WA 98801 . REGULAR COMMISSION MEETING . You indicate that during all or a portion of the period since reincorporation in 1958, Richland has operated both electrical and water utilities. PUBLIC UTILITY DISTRICT NO. 156 0 obj <> endobj Accordingly, the entire city of Richland is within the territorial boundaries and jurisdiction of Benton PUD. Snohomish County Public Utility District No. Staff Benefit Fund Circular & Application Form of 2020-21 (Hindi). Accordingly, we conclude that Richland must be included within Benton PUD commissioner districts established pursuant to RCW 54.12.010.[4]. 2:00 p.m. Due to the office closure associated with COVID-19 precautionary standards, in person attendance is still restricted. [1] The decision by Benton PUD to include only a small portion of Richland in PUD commissioner districts has led to this inquiry. The Skamania PUD Board of Commissioners is having a … 327 N WENATCHEE AVENUE . Thus, where the Legislature has regularly evidenced its intent in other statutes to expressly legislate certain matters, failure of the Legislature to address the matter in another statute infers an intended omission. The Board of Commissioners of Public Utility District No. Tuesday, December 8, 2020. Accordingly, we find no duty for the county auditor to revise commissioner district boundaries. When interpreting a statute, a court will assume that the Legislature meant exactly what it said. Dist. By Jon Humphrey • Oct 25, 2018 • Topics: Whatcom County, Elections, A very important, yet often overlooked position is on your ballot this fall. Three candidates have decided to run for the District 1 position of the Skagit Public Utilities District commission. Christine Grant is challenging incumbent Jeffrey McClure to become the first woman commissioner of Public Utility District (PUD) 1 of Whatcom County. 1 OF FERRY COUNTY REGULAR MEETING OF COMMISSIONERS August 15, 2016 ... Commissioner Kroupa: 1. 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 We see no reason to deviate from this position. 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. The courts are not concerned with the wisdom of a statute but only with its meaning and validity. 3, 188 Wash. 602, 611-13, 63 P.2d 392 (1936); Pub. v. Pub. Meeting ID: 462-546-421# **Please remember to mute your phone to reduce background noise** App. The statute does not include any language authorizing PUD commissioners to change the PUD territorial and jurisdictional boundaries. 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. A void ordinance has no force or effect and may be successfully attacked at any time. We hope the foregoing will be of assistance to you. 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? 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. 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. App. [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. 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 Disclosure Comm’n, 133 Wn.2d 229, 241, 943 P.2d 1358 (1997). 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. 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. Waggoner v. Ace Hardware Corp., 134 Wn.2d 748, 755, 953 P.2d 88 (1998). 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 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 immaterial whether such a city of such description was later incorporated. Present were Commissioners Fagerlie, Doug Aubertin and Chris Kroupa, ... 1. State ex rel. 327 N WENATCHEE AVENUE . Util. RCW 54.12.010. The Board of Commissioners of Public Utility District No. 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. Senate Republican Campaign Comm. It is our understanding that Benton PUD is governed by a three member board of commissioners representing three commissioner districts. Dial: 855-929-3239 (toll free) Meeting ID: 177-901-3094# **Please remember to mute your phone to reduce background noise** As observed above, the only possible exclusion from a commissioner district is for a municipal corporation that already owns or operates all utilities within the operational authority of the PUD at the time the PUD is formed. It is for PUD (Public Utility District) District 1, Commissioner 2. In RCW 57.28, the Legislature has expressly established procedures for withdrawal of territory from water-sewer districts. It is for PUD (Public Utility District) District 1, Commissioner 2. 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. Public participation will be by phone only . The proposed change of the boundaries of the public utility district commissioner district must be made by resolution and after public hearing. 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? A general requisite to the validity of any ordinance or resolution is that it conform to, and not violate, general statutes. PUBLIC UTILITY DISTRICTS – ELECTIONS – DISTRICTS –COUNTYAUDITOR. The Public Utility District No. [2]   As stated in State ex rel. 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. However, beginning in 1982, the Benton PUD commissioners established commissioner districts that excluded all or nearly all of Richland from PUD commissioner district boundaries. Conference ID: 877038# **Please remember to mute your phone to reduce background noise** Pursuant to RCW 54.12.010, PUD commissioner district boundaries can only be changed by the district commission. Customer Service (M-F 8a-5:30p): 425-783-1000. Clark Public Utilities is governed by an elected board of three commissioners. Well, because the PUD has a wide jurisdiction and unique powers granted to it by the state of … STATUS OF GRIEVANCE IN DDA ; ESIC EPF MONITORING APPLICATION; Staff Benefit Fund Circular & Application Form of 2020-21 (English). Request for Proposals 2. 1 OF CHELAN COUNTY . PUBLIC NOTICE ISSUED BY HON'BLE NORTH EAST DELHI RIOT'S CLAIM COMMISSION; Seniority list of Inspectors (Computer) List of Candidates approved for Compassionate Ground Appointment. Dial: 253-999-5697 . Dist. Why is it so important? PUDs, on the other hand, have only been granted authority to change commissioner district boundaries. 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. The tn-countyarea has free access to the Microsoft Imagine Academy. 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. 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. Commissioners Aubertin and Fagerlie will attend the Energy Northwest Member Forum in October. In applying the law, we start from the fact (as stated in your opinion request) that Benton PUD is a county-wide PUD. Public policy issues are properly addressed to the Legislature, not the judiciary. Geschwind v. Flanagan, 121 Wn.2d 833, 841, 854 P.2d 1061 (1993). 203 0 obj <>stream Revised Attendance Guidelines for DDA Staff (February 2021). 1-28-2014 Board Minutes Page 1 Public Utility District No. %%EOF 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. 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. 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. PUBLIC UTILITY DISTRICTS – ELECTIONS – DISTRICTS –COUNTYAUDITOR 1. List of arrested persons in connection with ongoing kisan andolon as on 10/03/2021 ], RCW 54.04.030. PUBLIC UTILITY DISTRICT NO. Employco Personnel Serv. 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. He is currently serving his … 1 OF CHELAN COUNTY . 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. 1 of Franklin County held a regular meeting at 1411 West Clark, Pasco, WA, on May 23, 2017 at 1:00 p.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 Dial: 509-661-8872 . 3. In 1958, Richland was reincorporated under Washington law as a self-governing first class city. 0 665, 674, 586 P.2d 135 (1978). 327 N WENATCHEE AVENUE . Present were Commissioners Fagerlie and Chris Kroupa, Manager John ... BOARD OF COMMISSIONERS Public Utility District Number One Ferry County, Washington President … endstream endobj startxref Atul Deshmane: Public Utility District 1, Commissioner District 2. Board of Commissioners’ Meeting . PUBLIC UTILITY DISTRICT NO. 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. REGULAR COMMISSION MEETING . Why is it so important? BRIAN E. BUCHHOLZ Every ordinance or resolution adopted by a municipality must yield to the predominant power of the state. OF PUBLIC UTILITY DISTRICT NO. WENATCHEE WA 98801 . The county auditor has no authority to institute changes regarding commissioner district boundaries that have been set inconsistent with state law. 1 Skip navigation and go to content. The Board of Commissioners of Public Utility District No. Dial: 509-661-8872 . The only method for changing commissioner district boundaries is set forth in the last paragraph of RCW 54.12.010. JUNE 15, 2020 . We understand the PUD may contend that inherent in the authority of PUD commissioners to change the boundaries of the PUD commissioner districts pursuant to RCW 54.12.010 is the power to also change the territorial and jurisdictional boundaries of the PUD. 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 In November 1948, Richland was disincorporated and became a federally controlled Atomic Energy Community operated by the Atomic Energy Commission. Util. [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. MARCH 1, 2021 . The courts will not read into a statute matters that are not there or things it conceives the Legislature has left out unintentionally. 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. Seeid. Wash. Water Power Co. v. Superior Court, 187 Wash. 309, 60 P.2d 263 (1936); Hillier v. Pub. OF PUBLIC UTILITY DISTRICT NO. 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.”. REGULAR COMMISSION MEETING . A G E N D A . Public Hearing Circular. 1998). 327 N WENATCHEE AVENUE . 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. 2. 7320 West Quinault PUBLIC UTILITY DISTRICT NO. %PDF-1.5 %���� h�b```��\� ��ea�X� �p�s��*E�'�.�)�H)~(��������C���n&�Y@Z�%�"�� WENATCHEE WA 98801 . Public Utility District No. 2 OF GRANT COUNTY December 8, 2020 The Commission of 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. 2. 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. 알�L��;Yl�;�g02�`�Ƽ�9����k�a�#�'|�̳S�!��a`�WҌ`�����$ �=Ⱦ,κ�/& �2+� }.� State v. Enloe, 47 Wn. Atul Deshmane: Public Utility District 1, Commissioner District 2. Public participation will be by phone only . Our answer, as set forth below, is in the negative. 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. 1 of Franklin County held a regular meeting at 1411 West Clark, Pasco, WA, on December 13, 2016 at 1:00 p.m. Those present from the District were Commissioner Roger Wright, President; Commissioner Bill Gordon, Vice President; Commissioner Stu Nelson, Secretary; Tim 1 of Skamania County (Skamania PUD) is a special-purpose district or municipal corporation governed by a board of three publicly elected commissioners. 1. The Honorable Andrew K. Miller WENATCHEE WA 98801 . 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. As such, the effect of the attempted boundary change is deemed not to have occurred. ... Commissioner Malinowski represents District 1 in the North County area. ... With a locally elected Board of Commissioners, the PUD #1 has been meeting the utility needs of Whatcom County industries for over 80 years. 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? 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. OCTOBER 5, 2020 . Rather, such responsibility lies with the district commission. PUBLIC UTILITY DISTRICT NO. 1 BOARD OF COMMISSIONERS OF MASON COUNTY MIKE SHEETZ, Commissioner N. 2 1971 Hwy. Our Citizens. 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? Except as provided in this section, RCW 29A.92.110, RCW 54.04.039, or in the case of an intervening … PUBLIC UTILITY DISTRICT NO. 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? 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. SeeDumas v. Gagner, 137 Wn.2d 268, 293, 971 P.2d 17 (1999). Dist. District Deputy Commissioner(DC) Additional District Magistrate (ADM) Sub Divisional Magistrate (SDM) Sub Divisional Magistrate (SDM) Sub Divisional Magistrate (SDM) CENTRAL: District Magistrate (CENTRAL) 14, Darya Ganj , New Delhi- 110002 ... District Magistrate (NEW DELHI) 12/1, Jam Nagar House, Sahajahan Road, New Delhi 110011 Email: dcnd[at]nic[dot]in Contact No. Conference ID: 61705# **Please remember to mute your phone to reduce background noise** 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[. 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. 2 OF GRANT COUNTY October 13, 2020 The Commission of Public Utility District No. endstream endobj 157 0 obj <. Skamania PUD provides electric service throughout southern Skamania County and water service in the towns of Carson and Underwood, Washington. Specifically, your questions address the exclusion of parts of the city of Richland from Benton County PUD commissioner districts. 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" … 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 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 Under RCW 54.12.010, when a county-wide PUD is originally established, the PUD commissioner districts are coextensive with the PUD boundaries. As such, Richland must be included in the PUD commissioner districts when they are changed. 12-8-2020 Board Minutes Page 1. No further items to report from his Portland meeting beyond what was already discussed about Bonneville Power. Public Utility District No. 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. 3. Util. 8, at 3. City of Seattle v. Hill, 72 Wn.2d 786, 801, 435 P.2d 692 (1967). Under RCW 54.04.030, the relevant language of which has remained unchanged since the enactment of Laws of 1931, ch. Hillier, 188 Wash. at 612-13.[2]. (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. 1 OF CHELAN COUNTY . City of Seattle v. Grundy, 86 Wn.2d 49, 50, 541 P.2d 994 (1975); Swartout v. City of Spokane, 21 Wn. Benton County Prosecutor The Board of Commissioners of Public Utility District No. 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 …