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Home My WebLink About1978 May 16,1978 Special - City of LyndenOFFICIAL CANVASS OF THE SPECIAL ELECTION HELD IN WHATCOM COUNTY ON THE 16TH DAY OF MAY, 1978, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS IN THE CITY OF LYNDEN PRECINCTS, WHATCOM COUNTY, WASHINGTON, PROPOSITION NO. 1 FOR ISSUING GENERAL OBLIGATION BONDS IN THE AMOUNT OF $745,000 FOR ACQUIRING PROPERTY FOR PARK AND RECREATION USES, COVERING THE CITY SWIMMING POOL AND CONSTRUCTING A MULTIPURPOSE ATHLETIC FACILITY: Office of the Auditor of Whatcom County Bellingham, Washington May 19, 1978 Pursuant to a notice given by Joan Ogden, County Auditor of Whatcom County, Washington, we the undersigned, C. J. Johnson, Chairman of the Board of County Commissioners of said County, and David S. Mc Eachran, Prosecuting Attorney of said County, now meet with Joan Ogden for the purpose of canvassing the votes cast in all the precincts comprising the City of Lynden Precincts, in Whatcom County, State of Washington, as shown on the poll books at the Special Election held on Tuesday, the 16th day of May, 1978. Joan Ogden, County Auditor, as aforesaid, now makes oath as follows: OATH OF AUDITOR STATE OF WASHINGTON) } ss. COUNTY OF WHATCOM } I. Joan Ogden, County Auditor of Whatcom County, State of Washington, do solemnly swear that the returns purporting to be the election returns of the City of Lynden Precincts, Whatcom County, Washington, held on the 16th day of May, 1978, have in no wise been altered by additions or erasures, and that they are the same as when I received them, except that the votes of the absentee voters have been added, SO HELP ME GOD. C hatcom C my Auditor Subscribed and sworn to before me this 19th day of May, 1978. f trair Board of County Commz sd�oners Immediately after the oath by the County Auditor, the said Joan Ogden,-C. J. Johnson, and David S. Mc Eachran proceeded as a Canvassing Board in and for Whatcom County to canvass the votes cast in all of the precincts of the City of Lynden, on the 16th day of May, 1978. CERTIFICATE OF CANVASSING BOARD STATE OF WASHINGTON) 7 ss. COUNTY OF WHATCOM } The undersigned, being the officers designated by the law and constituting the canvassing board in and for the City of Lynden Precincts, Whatcom County, Washington, having met for the purpose of canvassing the votes concerning the following proposition: PROPOSITION NO. 1 CITY OF LYNDEN, WASHINGTON GENERAL OBLIGATION BONDS $745,000 Shall the City of Lynden issue its general obligation bonds in the amount of $745,000, payable, both principal and interest, out of annual levies in excess of regular property tax levies, bearing interest at not to exceed maximum legal rates and maturing from two to twenty years from date of issue, to provide funds for acquiring property for park and recreation uses, covering the city swimming pool, and constructing a multipurpose athletic facility? BONDS, YES / BONDS, NO The result of said canvass as found and determined by us is set forth herein as follows and as recorded in Election Records, Volume 4,` Page 115. Total vote last General Election, 1,261 40% needed to validate 505 Proposition No. 1 Total Votes Cast At Polls 880 Absentee Votes 18 Total Votes Cast 898 Total Yes Votes 605 Total No Votes 293 Passed 67.37% We the undersigned, do hereby declare that said statement and returns contain the number of votes cast for and against the foregoing proposition at said election, and that the absentee votes have been added thereto; said election held on the,)�116th day of May, 1978. Witness our hand and official seal this'�19th day of May, 1978. Cha ina a of Coin Commissioners L Prosecuting Attorney �Iuditor 09 Whatcom County ABSENTEE OFFICIAL BALLOT CITY OF LYNDEN WHATCOM COUNTY, WASHINGTON TUESDAY, MAY 16, 1978 INSTRUCTIONS TO VOTERS: To vote in favor of the following proposition, place a cross (X) in the square opposite the words "BONDS, YES". To vote against the following proposition, place a cross (X) in the square opposite the words "BONDS, NO". PROPOSITION NO. 1 CITY OF LYN DEN, WASH INGTON GENERAL OBLIGATION BONDS, $745,000 Shall the City of Lynden issue its general obligation bonds in the amount of $745,000, payable, both principal and interest, out of an- nual levies in excess of regular property tax levies, bearing interest at not to exceed maximum legal rates and maturing from two to twenty years from date of issue, to provide funds for acquiring property for park and recreation uses, covering the city swimming pool, and constructing a multipurpose athletic facility? BONDS, YES ............. ❑ BONDS, NO ............. ❑ LECOCQ, SIMONARSON, VISSER & JOHNSON EINAR SIMONARSON JERRY L. JOHNSON PETER JAY VISSER MARTIN F. MUENCH DANIEL D. ZENDER PHILIP H. BRANDT March-7, 1978 ATTORNEYS AT LAW POST OFFICE BOX 631 LYNDEN, WASHINGTON 96264 Telephones: LYNDEN 354-4494 Area Code 206 BLAINE 332-5361 SUMAS 988-8I83 Office Hours In Blaine Monday and Thursday Afternoon Office Hours In Sumas Monday .Afkernoan av� County Auditor P.O. Box 398 Bellingham, WA 98225 Attn: Elections Re: City of Lynden Bond Election Dear Ms. Ogden: Enclosed you will find a certified copy of Ordinance No. 567 of the City of Lynden. You will note that an election is scheduled for May 16, 1978. Sincerely yours, LECOCQ, SIMONARSON, VISSER & JOHNSON VL44kib Peter Tay Vi ser PJV:ds Encs. N j ,JAMES R. ELLIS' LAW OFFICES OF DONALD L HOLMAN• ELLIS. HOLMAN & FLETCHER BETTY B FLETCHER' PRESTON. THORGRIMSON. JOHN A.GOSE 2000 B. M. BUILDING G OR DON G CONGER GERALD GRINSTEIN SEATTLE. WASHINGTON 98101 FO RREST W WALLS CHAPLIES E.PEERY AREA CODE 206 623-7580 LARRY M.CARTER MICHAEL B CRUTCHER' C KENT CARLSON WA`:IIINGTON. D C. OFFICE EMANUEL L.ROUVELAS•' SUITE 201 WILLIAM H, BURKHART ROBERT L GUNTER 1776 F STREET N W JOEL R STARIN DAVID L BELLER WASHINGTON, D.C.20006 J MARKHAM MARSHALL AREA CODE 202 331-IC05 COUNSEL FRANK M. PRESTON EDWARD STARIN May 22, 1978 Mr. Peter Visser Attorney at Law 104 Sixth Street Lynden, Washington 98264 Re: City of Lynden, Washington General Obligation Bonds, 1978 - $700,000 Dear Pete: JONATHAN BLANK' ALAN L.WICKS H BLAIR BERNSON RONALD E.COX ROBERT N. THOMSON* RICHARD E. MONROE ROBERT D NEUGEBAUER DANIEL D. SYRDAL PETER A DANELO KAREN E GLOVER TOVAH THORSLUND" ARTHUR PANKOPF" ERIC REDMAN DIANE R. STOKKE FRANKLIN D- RAINES WASHINGTON STATE AND WASHINGTON. D. C. BARS "WASHINGTON, D. C. BAR ONLY ALL OTHERS-WASHINGTON STATE BAR ONLY PLEASE REPLY TO SEATTLE OFFICE The following is a list of the transcript documents which we will need to receive concerning the proceedings to date in connection with the above bond issue. Would you please see that we receive one copy each of the following: 1. Copy of the proceedings of the Council last fixing the time and place of regular meetings, certified by the Clerk as a true and correct copy thereof. Certificate from the county assessor stating the assessed valuation of all of the taxable, property within the city as fixed in the fall of 1977 for the purposes of 1978 taxation. 3. Latest available financial statement of the city, certified by the treasurer, containing the following: (a) amount of general obligation bonds outstanding, (b) amount of cash and investments in the general obligation bond fund or funds, (c) delinquent taxes due the general fund for each of the past six years, (d) delinquent and uncollected taxes due the bond fund for each of the last six years, (e) amount of the bond fund levy made in 1977 for collection in 1978. 4. Statement by the City Treasurer describing any out- standing lease purchase agreements, conditional sale contracts or similar types of agreements under which the city is obligated for payment of money, including the principal amount remaining due on each such transaction. 5. Certified copy of the ordinance calling the bond elec- tion. 6. Affidavit of publication of such ordinance. Publisher's affidavit of publication of the notice of closing registration books for the special election. zs- Publisher's affidavit of publication of the notice of special election. �. Copy of the ballot used at the special election, certified by the county auditor as a true and correct copy of such ballot. VLI-a-, Copy of the canvass of the results of the special elec- tion certified by the county auditor as a true and correct copy of such canvass. 1 Certificate from the county auditor stating the number of ✓ votes cast within the city at the general county and state election next preceding the special bond election. 1� d ellCertificates from the county auditor stating the number of b nections held within the city in 1978. Certificate from the county auditor stating that all of the election officials who served at the special election sub- scribed to the oaths required of them by law, and that the same are now on file. 14. A copy of the last completed state auditor's report for the city. 15. Certificate of the City Clerk stating the names and terms of office of the members of the City Council, the Mayor, the City Clerk and Treasurer. The County Auditor will probably supply you with all the above documents relating to the election in a single package upon request. Please let me know when the City retains a financial consultant in connection with this issue. I will contact the financial consultant and work out with that firm the bond details (matur- ities, payment dates, call provisions, etc.) and prepare and forward to you for action by the City Council the necessary bond ordinance. I will also prepare the notice of bond sale Page Three and an outline of the steps that need to be taken in connection with the bond sale. If any questions come up, please let me know. Very truly yours, PRESTON, THORGRIMSON, ELLIS, HOLMAN & FLETCHER By - lj� Forrest W. Walls FWW:ml cc: Janet Bland, City Clerk 11 ORDINANCE NO. 567 AN ORDINANCE of the City of Lynden, Washington, providing for the submission to the qualified electors of the city at a special election to be held therein on May 16, 1978 of the proposition of whether or not the city shall issue its unlimited tax levy general obligation bonds in the principal amount of $745,000 for the purpose of providing funds to pay the cost of acquiring property for park and recreation purposes and constructing athletic facilities. WHEREAS, it is deemed advisable and in the public interest that the City of Lynden, Washington (hereinafter called the "City") acquire property for development as a park, improve the existing swimming pool, and construct a multipurpose athletic facility adjacent to the swimming pool; and WHEREAS, in order to provide the funds required for such purpose it is necessary that the City issue and sell its unlimited tax levy general obligation bonds in the principal amount of $700,000; and WHEREAS, the Constitution and laws of the State of Washington provide that the question of whether or not such bonds may be issued for such purpose must be submitted to the qualified electors of the City for their ratification or rejection; NOW, THEREFORE, BE IT RESOLVED by the City of Lynden, Washington, as follows: Section 1. It is hereby found that the City should make the following additions and improvements to the recreational facilities of the City: 1. Construct and install a cover for the Lynden Community swimming pool and construct a multipurpose athletic facility, including handball/raquetball courts, adjacent to the swimming pool. 2. Purchase approximately thirty-seven acres of property as the site for outdoor recreational and park facilities. 3. If sufficient funds are available, acquire, construct and install baseball diamonds and other recreational facilities on the park property. Section 2. For the purpose of providing the funds necessary to pay the cost of acquiring, constructing and equipping the recreational facilities described in Section 1, the City shall issue and sell its unlimited tax levy general obligation bonds in the principal amount of $745-,000. None of said bond proceeds shall be used for the replacement of equipment or for any other than a capital purpose. Section 3. Such bonds shall be sold in such amounts and at such time or times as deemed necessary and advisable by the City Council and as permitted by law, shall bear interest at a rate or rates as shall be fixed upon the sale thereof, and shall mature serially in such amounts or at such times within twenty years from date of issue as authorized by the City Council and as permitted by law. Both principal of and interest on all of said bonds shall be payable out of annual tax levies to be made upon all the taxable property within the City without limitation as to rate or amount. The exact date, form, terms, and maturities of said bonds shall be as hereafter fixed by ordinance or ordinances of the City. In the event the proceeds of the sale of said bonds are insufficient to make all of the capital improvements hereinbefore provided for, the City shall use the available funds for paying the cost of those improvements deemed most necessary and to the best interests of the City by the City Council. Section 4. It is hereby found and declared that an emergency exists requiring the submission to the qualified electors of the City of the proposition of whether or not the City shall issue such general obligation bonds for such purpose for their ratification -2- or rejection at a special election to be held therein on May 16, 1978. The Whatcom County Auditor as ex officio supervisor of all elections held in Whatcom County is hereby requested to also find the existence of such emergency, to assume jurisdiction of and to call and conduct said special election to be held within the City on said date and to submit to the qualified electors of the City the proposition hereinafter set forth. PROPOSITION NO. CITY OF LYNDEN, WASHINGTON GENERAL OBLIGATION BONDS, $741000 Shall the City of Lynden issue its general obligation bonds in the amount of $745,,000, payable, both principal and interest, out of annu i levies in excess of regular property tax levies, bearing interest at not to exceed maximum legal rates and maturing from two to twenty years from date of issue, to provide funds for acquiring property for park and recreation uses, covering the city swimming pool, and constructing a multipurpose athletic facility? BONDS, YES . . . . . . . . . . . . . . . BONDS, NO . . . . . . . . . . . . . . . . The City Clerk is hereby authorized and directed to certify said proposition to the Whatcom County Auditor by delivering a certified copy of this ordinance to him. ADOPTED by the City Council of Lynden, Washington at a regular meeting thereof held on the 21st day of February, 1978. ATTEST: `Y Gity Clerk CIT 0 =10 Clerk of the City of Lynden, Washington, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 567 of said City duly adopted at a regular meeting of its City Council, held February 21, 1978. City Clerk