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HomeMy WebLinkAbout1980 November 04, 1980 Special - City of LyndenOFFICIAL CANVASS OF THE SPECIAL ELECTION HELD IN WHATCOM COUNTY ON THE 4TH DAY OF NOVEMBER, 19.80, FOR THE PURPOSE QF SUBMTTTTNG TO THE QUALTFIEA ELECTORS IN THE CITY OF LYINDEN PRECINCTS1 WHATCOM COUNTYr WASHINGTON, PROPOSITION NO. 1 FOR ISSUING GENERAL OBLIGATION BONDS IN THE AMOUNT OF $200,000 FOR THE PURPOSE OF ACQUIRING A FIRE TRUCK WITH A 55 FOOT LADDER AND A 1250 GALLON PER MINUTE PUMP CAPACITY. Office of the Auditor of Whatcom County Bellingham, Washington November 19, 1980 Pursuant to a notice given by Joan Ogden, County Auditor of Whatcom County, Washington, we the undersigned, Shirley VanZanten, Council Chairperson of County Council 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 of Tuesday, the 4th day of November, 1980. Joan Ogden, County Auditor, as aforsaid, 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 4th day of November, 1980, have in no wise been altered by additions or erasured, 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. fhatcom ounty Auditor Su scribed and sworn to before me this 19th day of November, 1980. ,Y .Nii AreD •-, [7 Council Cht irpe son of ❑ -- County Council -a 1i ' +'> �r Aia Ely after the oath by the County Auditor, the said Joan Ogdeq`;' A.hlr� A@�y VanZanten, and David S . Mc Eachran proceeded as a Canvas4..igd;'BDard in and for Whatcom County to canvass the votes cast in all of the precincts of the City of Lynden, on the 4th day of November, 1980. CERTIFICATE OF CANVASSING BOARD STATE OF WASHINGTON) 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 $200,000 For the purpose of acquiring a fire truck with a 55 foot ladder and a 1250 gallon per minute pump capacity, shall the City of Lynden, Washington issue up to $200,000 of general obligation bonds payable, both principal and interest, out of annual tax levies in excess of regular property tax levies and maturing within 10 years from date of issue, all as provided in Ordinance No. 620 of the City? 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 5. Total vote last General Election 40o needed to validate Proposition No. 1 Total Votes Cast at Polls Absentee Votes .T,otal Votes Cast TQ-tal Yes Votes Tbtal No Votes Passed 1,035 414 1,743 189 1,932 1,364 568 70.6 1 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 electron, and that the absentee 'otes have been added thereto; said election held on the 4th day of November, 1980• Witness our hand and official seal this 19th day of November, 1980. IL �j '�,,'a ; Council Cha. rpers n of County Counci T h R� F Yr/ rosecuting attorney ffe-'a4," zxditor iyf Wha _com County LAW OFFICES OF ELLIS• PRESTON, THORGRIMSON, ELLIS & HOLMAN ROBERT D. NEUGEBAUER JAMES R KAREN E. GLOVER DONALD L HOLMAN' 2000 1 B. M BUILDING DIANE R STOKKE JOHN A GOSE' WILLIAM N MYHRE• GORDON G CONGER SEATTLE, WASHINGTON 98101 STEPHEN A. SMITH GERALD GRINSTEIN FORREST W WALLS AREA CODE 206 623-7580 ROSE MARIE VAN WINKLE C HARLES E PEERY DENNIS A OSTGARD LARRY M CARTER TELEX 328428 (fHORSEA) TELECOPY (206) 623-7022 BRETT E. WILCOX CYNTHIA M. WEED MICHAEL B CRUTCHER• STEPHAN H.COONROD C KENT CARLSON HN W-ANGUS, III'• EMANUEL L ROUVELAS•' WLLIAM R. MEYER'• WI WILLIAM H BURKHART WASHINGTON. D C. OFFICE ANCHORAGE, ALASKA OFFICE CRAIG J GEHRING'• ROBERT L GUNTER SUITE 600 SUITE 404 RICHARD L. BARNES" JOEL R STARIN 1776 G STREET N W 420 L STREET DAVID L REELER WASH INGTON, D. C. 20006 ANCHORAGE, ALASKA 99501 JOHNFREDR. MESSENGER... JOHN R. MESSENGER•'• J MARKHAM MARSHALL' AREA CODE 202-628-1700 AREA CODE 907-276.1969 DAVID K.Y. TANG JONATHAN BLANK' TELECOPY 202.331-1024 JENNIFER G. MARSH ALAN L WICKS RONALD E COX ROBERT L LOVE, JR TOVAH THORSLUND•' DOUGLAS C LAWRENCE ERIC REDMAN' HOLLY KEESLING TOWLE LLOYD MEEDS'DU BLIN KIRK A DUBLI N'DANIEL (� November 19, 19 8 0 DANIELROBERH. RUXINLANZ' • J. GLANZ' NICHOLAS P MILLER' MARK A. GOLDING HUGH F BANGASSER• 'WASHINGTONSTATE AND ROBERT E VAGLEY'• DSTRRICTICT OF COLUMBIA BARS IDISTRICT LEONARD A MILLER' "DISTRICT OF COLU MBIA BAR ONLY '••ALASKA STATE BAR ONLY COUNSEL FRANK M PRESTON ALL OTHERS-WASHINGTON REBECCA L BOGARD* STATE BAR ONLY Mr. Peter Jay Visser Simonarson, Visser & Johnson Lynden Professional Plaza P. 0. Box 631 Lynden, Washington 98264 Re: City of Lynden, Washington General Obligation Bonds - $200,000 Dear Pete: I was pleased to hear that the City was successful in obtain- ing passage of the above bond issue. Congratulations are in order to the City. Following is a list of the transcript documents which we will need to receive in connection with this issue. You may wish to begin assembling these documents as they become available. Items 6 through 12 should be available from the County Auditor. 1. Incumbency certificate stating the names and terms of office of each member of the City Council, the Mayor, Finance Director and City Clerk, and stating the present classification of the City. 2. Certified copy of the proceedings of the City Council last fixing the regular time, date and place of Council meetings. 3. Certificate from the County Assessor stating the assessed valuation of all the taxable property within the City. 4. Certificate of the City Clerk stating (a) the amount of general obligation bonds of the City outstanding; (b) the amount of cash and investments in the general obligation bond fund of Page Two the City; (c) delinquent and uncollected taxes due the bond fund for each of the last six years; (d) amount of the bond fund levy made in 1980 for collection in 1981. 5. Certificate of the City Clerk describing any outstand- ing lease -purchase agreements, conditional sales contracts, or similar types of agreement under which the City is obligated for the payment of money. 6. Publisher's affidavit of publication of the notice of closing registration books for the special election. 7. Publisher's affidavit of publication of the notice of special election. 8. Copy of the ballot used at the special election, certi- fied by the county auditor as a true and correct copy of such ballot. 9. Copy of the canvass of the results of the special election certified by the county auditor as a true and correct copy of such canvass. 10. 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. 11. Certificate from the county auditor stating the number of bond elections held within the city in the calendar year the successful bond election was held. 12. Certificate from the county auditor stating that all of the election officials who served at the special election subscribed to the oaths required of them by law, and that the same are now on file. 13. A copy of the last completed state auditor's report for the City. Please let us know the timing desired in the issuance of these bonds and we will begin preparation of the necessary pro- ceedings in order to meet your schedule. If any questions come up, please call. Very truly yours, PRESTON, THORGRIMSON, ELLI & HOLMAN By Forr st W. Walls FWW:ml cc: Ms. Janet Bland, City Clerk LAW OFFICES OF SIMONARSON, VISSER,JOHNSON, ZENDER 8 BRANDT November 21, 1980 Whatcom County Auditor Whatcom County Courthouse Bellingham, Wa. 98225 Attn: Elections Division Re: Lynden Fire Truck Bonds Dear Sirs: PHILIP H. BRANDT JERRY L.JOHNSON ROBERT W. MILLER HALTHURSTON PLEASE REPLY TO PETER JAY VISSER DANIEL D. ZENDER RALPH B. LE COCO EINAR SIMONARSON OF COUNSEL Lynden office Enclosed you will find a copy of a letter from the City of Lynden Bond Counsel regarding the requirements for getting bonds issued. Items 6 through 12 of that letter are items needed from your office. Could you please forward those items to me? Thank you in advance for your cooperation. Sincerely yours, SIMONARSON%;)VISSER, JOHNSON s City At PJV/dor Encl. LYNDEN PROFESSIONAL PLAZA • 1600 GROVER ST. • P. 0. BOX 631 • LYNDEN,WASHINGTON 98264 (206) 354-4494 THE COPPER BUILDING • 2011 YOUNG STREET• P.O.BOX 2813 • BELLINGHAM,WASH INGTON 98225 (206)734-9581 RAMSTEAD REALTY BUILDING • 838 PEACE PORTAL DRIVE • BLAINE, WASHINGTON 98230 (206)332-5361 ORDINANCE NO. 6_2 0 AN ORDINANCE of the City Council of the City of Lynden, Washington, providing for the sub- mission to the qualified electors of the city at a special election to be held on November 11, 1980, of the proposition of whether or not the city should issue its general obligation bonds in the aggregate principal amount of $200,000, for the pur- pose of purchasing certain fire protection equipment for the City. WHEREAS, it is deemed necessary and advisable by the City Council of the City of Lynden, Washington, (the "City") that the City acquire certain fire protection equipment; and WHEREAS, in order to provide funds to pay the cost thereof it is deemed necessary and advisable that the City issue and sell its general obligation bonds in the aggregate principal amount of $200,000; and WHEREAS, the Constitution and laws of the State of Washing- ton provide that the question of whether or not the City may issue such bonds for such purpose must be submitted to the qualified electors of the city for their ratification or rejection; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lynden, Washington, as follows: Section 1. It is hereby found and declared that the welfare of the inhabitants of the City requires that the City purchase a fire truck described more particularly as a 55-foot ladder water tower truck with a pump capacity of 1250 gallons per minute. To provide funds to pay the cost of such acquisition the City shall issue and sell its general obligation bonds in the aggregate principal amount of $200,000. None of the proceeds of said bonds shall be used for the replacement of equipment or for other than a capital purpose. Section 2. Said bonds shall be sold 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 of not to exceed the maximum rate permitted at the time said bonds are sold, and shall mature serially within 10 years from date of issue. Both principal of and interest on said bonds shall be payable by annual levies in excess of regular property tax levies to be made upon all the taxable property within the city. The exact date, form, terms and maturities of said bonds shall be as hereafter fixed by the City Council. Section 3. 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 said general obligation bonds for their ratification or rejection at a special election to be held therein on November 11, 1980. The Whatcom County Auditor is hereby requested 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. The City Clerk is hereby authorized and directed to certify said proposition to said Auditor in the following form: PROPOSITION NO. % GENERAL OBLIGATION BONDS, $200,000 For the purpose of acquiring a fire truck with a 55-foot ladder and a 1250 gallon per minute pump capacity, shall the City of Lynden, Washington issue up to $200,000 of general obligation bonds payable, both principal and interest, out of annual tax levies in excess of regular property tax levies and maturing within 10 years from date of issue, all as provided in Ordinance No. &'j O of the city? BONDS, YES . . . . . . . . . . . . . . BONDS, NO . . . . . . . . . . . . . . . The City Clerk is hereby authorized and directed to deliver a certified copy of this ordinance to the Whatcom County Auditor. -2- Section 4. This ordinance shall go into effect five days after the date of its publication. PASSED by the City Council of the City of_Lynden, Washington, at a regular meeting thereof held on the i day of .�., ATTEST: City Clerk Cki'Y--QF LYNDEN, WASHINGTON By -3- Mayor I, JANET BLAND, Clerk of the City of Lynden, Washington, DO HEREBY CERTIFY that the foregoing is a true and complete copy of Ordinance No. passed by the City Council of said City at a regular meeting thereof held the day of City Cler sn 3F rn 7 l�lf 3 �� ORDINANCE NO. g AN ORDINANCE of the City Council of the City of Lynden, Washington, amending Ordinance No. 620 of the City to provide for a special election date of November 4, 1980. BE IT ORDAINED by the City Council of the City of Lynden, Washington, as follows: Section 1. Section 3 of Ordinance No. 620 of the City of Lynden, Washington, passed on September 2, 1980, is hereby amended to read as follows: "Section 3. 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 said general obli- gation bonds for their ratification or rejection at a special election to be held therein on November 4, 1980. The Whatcom County Auditor is hereby requested 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 here- inafter set forth. The City Clerk is hereby authorized and directed to certify said proposition to said Auditor in the following form: PROPOSITION NO. GENERAL OBLIGATION BONDS, $200,000 For the purpose of acquiring a fire truck with a 55-foot ladder and a 1250 gallon per minute pump capacity, shall the City of Lynden, Washington issue up to $200,000 of general obligation bonds payable, both principal and interest, out of annual tax levies in excess of regular property tax levies and maturing within 10 years from date of issue, all as provided in Ordinance No. 620 of the city? BONDS, YES . . . . . . . . . . . . . . / / BONDS, NO . . . . . . . . . . . . . . . / / The City is hereby authorized and directed to deliver a certified copy of this ordinance to the Whatcom County Auditor." PASSED by the City Council of the City of Lynden, Washington, at a regular meeting thereof held on the , Jday of , CITY E EN, WAS NGTQ By - yor EST_ City Clerk I, JANET BLAND, Clerk of the City of Lynden, Washington, DO HEREBY CERTIFY that the foregoing is a true and complete copy of Ordinance No. 6.;Zpassed by the City Council of said City at a regular meeting thereof held the _Z% Ll day of 1980. City Clerk wl� .A OFFICE OF THE COUNTY AUDITOR OF WHATCOM COUNTY, WASHINGTON WHEREAS, the undersigned as the duly elected, qualified and acting Auditor of Whatcom County, Washington, has jurisdiction of and is required by law to conduct all special elections for cities within the county; and WHEREAS, the City of Lynden, Washington, lies entirely within the boundaries of Whatcom County; and WHEREAS, the City Council of said city by ordinance adopted 1980, a certified copy of which has been delivered to the undersigned, has found that an emergency exists requiring the holding of a special election on November 11, 1980; WHEREAS, said city by said ordinance has authorized and directed the undersigned to assume jurisdiction of and conduct said special election; NOW, THEREFORE, it is hereby authorized and ordered as follows: The undersigned concurs in the finding of an emergency and does hereby assume jurisdiction of the above -mentioned special election of the City of Lynden, Washington, authorized and ordered by ordinance of its City Council, adopted 7' d. 1980, and will conduct said special election to be held November 11, DATED at Bellingham, Washington, this ,3q day of , 61 atcom C lounty Auditor