An ordinance annexing property into the City of Forks.

Hendrickson Annexation

WHEREAS, property owners of over 10% in value of the property described below notified the City Council of their intent to commence annexation proceedings for said area; and

WHEREAS, during that meeting the City Council did determine that it would accept the proposed annexation. In addition, the Council determined that it would require the simultaneous adoption of the Forks Zoning Code and Zoning Map upon the proposed annexation area. Finally, the Council determined that it would not require the assumption of any part of existing city indebtedness by the annexed area; and,

WHEREAS, the City Council received a petition for annexation of the area signed by John Hendrickson who is the owner of over 60% of the value of all of the land in the area to be annexed; and

WHEREAS, the Clallam County Boundary Review Board took no action on the petition after said petition and associated documentation was forwarded to said Board for their review and languished there without review or action;

WHEREAS, the City Council held a public hearing on the petition on 13 June 2011 and determined that the annexation would be in the best interest of the community and that the annexation should take place;

WHEREAS, the City Council received a petition for annexation of the area signed by the owners of over 60% of the value of all of the land in the area to be annexed; and

WHEREAS, the City Council held a public hearing on the petition, however, it was discovered that notice had not been done as required by statute and therefore a new hearing and a new ordinance is required to properly annex the property in question;

WHEREAS, the notice was in fact published in the City’s journal of record prior to the hearing, posted in three places on the property in question, and mailed to the petitioner and adjacent property owners;

WHEREAS, on 12 Sep 2011, the City Council held the required public hearing and reaffirmed that the City’s tax revenues would be increased by the annexation and that the annexation should take place;

BASED UPON THESE FINDINGS, The City Council of the City of Forks do ordain as follows:

Section 1. The following described real property contiguous to the current limits of the City of Forks shall be annexed to and become a part of the City of Forks:

Lot Numbers Three and Four of the Gockerell Short Plat, filed in Volume 6, Page 63 of Clallam County’s Book of Plats located within the SE 1/4 of the NE 1/4 of the NE 1/4 of the SE 1/4 of Section 4, Township 28 N, Range 13 W, W.M., Clallam County consisting of 2.5 acres.

Tax parcels: 132804419060,132804419070

See Attachment A to this ordinance for a map of the annexed area.

Section 2.    Assumption of Indebtedness. The property described in Section 1 and annexed into the City of Forks shall not be required to assume any past indebtedness of the City of Forks.

Section 3.    Assumption of Forks Urban Growth Area Zoning Code. The property described in Section 1 shall be zoned in the manner noted within the Forks Zoning Code and the map that accompanies said code.

Section 4.    Effective Date. This ordinance shall take effect five days after the publication of this ordinance within the Forks Forum.

Published Forks Forum, Thursday, October 27, 2011

An ordinance amending the Forks Municipal

Code Chapter 5.15

Regarding Self-Service Gasoline Stations

WHEREAS, the City Council reviewed the existing Forks Municipal Code Chapter 5.15 regarding self-service gasoline stations;

WHEREAS, there is a need to modernize this chapter;

BASED THEREON, THE CITY COUNCIL OF THE CITY OF FORKS DOES ORDAIN

AS FOLLOWS:

Section 1. Repealing FMC 5.15.020. FMC 5.15.020 is hereby repealed. The section FMC 5.15.020, will be reserved for future use in the City’s municipal code.

Section 2. Amending FMC 5.15.050. FMC 5.15.050 is here amended as follows with the stricken text being removed and replaced by the text that is underlined:

FMC 5.15.050 Portable containers.

(1) Any portable containers brought to such stations for filling, in whole or in part, shall be No person may fill with gasoline or petroleum fuel products a portable container that is not visibly marked by the manufacturer of that container that the container is for the storage of gasoline and/or petroleum fuel products. Such must be fitted with a filled only by the attendant. No delivery of Class one liquid shall be made in portable containers unless a container such containers are of metal construction with a tight fitting closure, which could include a screw type closure or a spring cover or some similar device, and is also fitted with a spout or so designed that the contents can be poured easily without spilling. The container shall be clearly marked on the outside as to the name of the product therein.

(2) Under no circumstances shall glass containers, nor any other container not meeting the requirements noted above, be used for the holding of flammable liquids, either on the premises or to be taken from the premises. (Ord. 116 § 5, 1970)

Section 3. Amending FMC 5.15.060. FMC 5.15. 060 is here amended as follows with the stricken text being removed and replaced by the text that is underlined:

FMC 5.15.060 Pumps.

(1) Any self-service gasoline station to include card locks shall utilize automatic shut-off nozzles that comply with state and federal regulations and standards and are designed to ensure that the pump will without latch opening devices shall be used and shall be provided with a vacuum operated valve so designed and constructed as to automatically shut off before any gasoline overflow. These nozzles are to be of smooth design so as to be readily removed from the fill pipe opening.

(2) Such automatic shut-off nozzles shall be maintained in proper and effective operating conditions at all times. If a pump becomes out of order, the pump, of which the nozzle is a part, shall be plainly marked “out of order,” and as well as being either locked and/or turned off in order to prevent the use of the defective pump. (Ord. 116 § 6,1970)

Section 4. Amending FMC 5.15.070. FMC 5.15.070 is here amended as follows with the stricken text being removed and replaced by the text that is underlined:

5.15.070 Violation – Penalty.

Violation of any of the provisions of this chapter shall be as follows:

(1) A violation of FMC 5.15.030(l) and FMC 5.15.050 resulting in:

a. minor injury to any person that does not require professional medical attention; or,

b. the minor damage (damage requiring less than $250 to fix and/or repair) to real or personal property; or,

c. the release/spill of gasoline in the quantity of more than five gallons and less than ten gallons, shall be subject to a civil penalty in the form of a fine that will not exceed two hundred and fifty dollars ($250) plus the payment by the violator of any and all court related fees and costs. A person determined by a court to have violated these provisions shall also be ordered to pay full restitution to the damaged party as part of court imposed penalty.

(2) A violation of FMC 5.15.030(l) and FMC 5.15.050 resulting in:

a. significant injury to any person requiring professional medical attention; or,

b. significant damage (damage requiring more than $250 to fix and/or repair) to real or personal property, or,

c. the release/ spill of gasoline in the quantity of more than ten gallons, shall be subjected to a civil penalty in the form of a fine that will not exceed one thousand dollars ($1,000) plus the payment by the violator of any and all court related fees and costs. A person determined by a court to have violated these provisions shall also be ordered to pay full restitution to the damaged party as part of court imposed penalty.

a misdemeanor and shall be punishable by a fine not exceeding $250.00 or by imprisonment not exceeding 90 days or by both such fine and imprisonment.

(3) Each day’s violation shall constitute a separate offense punishable under this chapter. (Ord. 116 § 7,1970)

Effective Date. This ordinance shall take effect five days after it has been published within the City’s journal of record as provided for by law.

Passed by the City Council on the ___ day of September 2011.

Published Forks Forum, Thursday, October 27, 2011