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HomeMy WebLinkAbout2020 - City of Bellingham Prop 2020-14 Extentsion of Sales and Use of Tax for Transporation improvementsUpon approval of the voters of the proposition herein set forth, the City may use proceeds o. such sales and use tax for the purpose of paying or financing the cost of the Transportation Fun( Projects in accordance with the requirements of Chapter 36.73 RCW. The City Clerk is hereb} authorized and directed to certify said proposition to said official in the following form: ?emosr- -l&m CITY OF BELLINGHAM, CONTINUATION AND EXTENSION OF SALES AND USE TAX FOR TRANSPORTATION IMPROVEMENTS The City Council of the City of Bellingham, Washington, exercising the assumed powers of Transportation Benefit District No. 1, adopted Resolution No. 2020-23 concerning a sales and use tax to finance transportation improvements. This proposition would authorize the continuation and extension of an existing sales and use tax of two -tenths of one percent (0.002) on all taxable retail sales within the city in accordance with RCW 82.14.0455 for a ten-year period to pay or finance costs of the following transportation improvements contained in the City's Transportation Improvement Program: Annual Street Pavement Resurfacing Program; Nonmotorized Transportation Improvements; and Climate Action Plan & Whatcom Transportation Authority ("WTA") Transit Plan improvements. Should this proposition be approved? Yes? ............... EO ........................ o '16. w1rJS Section 4. Corrections. The City Clerk is authorized to make necessary clerical corrections to this resolution, including, but not Iimited to, the correction of scrivener's errors, references, resolution and ordinance numbering, section/subsection numbers and any references thereto. Section 5. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. PASSED by the Council this 6" day of July, 2020. Ae.� a ., Gene nutson, ou cil Presid+ nt RESOLUTION - 5 City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 360-778-8270 Please accept the following "Explanatory Statement" for the ballot measure, which I prepared in my role as Assistant City Attorney: '?Rts€:bst nai A6,w - In 2010, Bellingham voters approved a ballot proposition increasingthe sales and use tax by two -tenths of one percent (0.002) to fund street paving, non -motorized transportation projects and transit. The tax was authorized for a ten-year period, expiring March 31, 2021. Bellingham voters are asked to continue and extend the sales and use tax of two -tenths of one percent (0.002) for an additional ten-year period to fund the following transportation improvements identified in the City's Transportation Improvement Plan: Annual Street Pavement Resurfacing Program; G� Nonmotorized Transportation Improvements; and Climate Action Plan & WTA Transit (�,S Plan improvements. W Please contact me if you have any questions or need any additional documentation in order to place this ballot measure before Bellingham voters at the November 3, 2020 election. You may contact me directly at (360) 778-8280 or mtstamps@cob.ore. Thank you. Sincerely, /V*O �& Matt Stamps Assistant City Attorney, Sr. CC. Seth Fleetwood, Mayor Peter Ruffatto, City Attorney Eric Johnston, Public Works Director Whatcor n County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: (360) 778-5100 Fax: (360) 778-5101 Email; auditor@co.whatcorn.wa.us co.whatcom.wa.us Internet: www.whatcomcounty.us/auditor Election Results Receipt Diana Bradrick County Auditor Stacy Henthorn Chief Deputy Auditor Copies of the following proposition election results from the November 3, zozo General Election, have been delivered to the Assessor's and Treasurer's Office: • City of Bellingham, Proposition No. 2020-14, Continuation and Extension of Sales and Use Tax for Transportation Improvements • Ferndale School District 502, Proposition 2020-13, School Programs and Operations Replacement Levy • Columbia Valley Park and Recreation District, Proposition 2020-15, Establishing Six Year Regular Property Tax Levy Receipt Acknowledged: Assessor's Office: Name- / Treasurer's Office: Date zo//(/ ae Licensing Recording Elections Administration Licensing@co.whatcom.wa.us Recorcling@co.whatcorn-wa.us Elections@co.whatcom.wa.us Auditor@comhatcorn.wa.us We gladly accept 360-778-5100 360-778-51oo 360-778-5102 360-778-5105 relay calls. Ballot Measure Cover Beet �A A completed cover sheet must accompany each ballot measure submitted to the Whatcom �� kjN6S; County Auditor. It is the submitter's responsibility to ensure that requested documentation is presented no later than the resolution deadline date. This form is available in a fillable form on the Auditor's website: www.whatcomcounty.us/auditor. rlictric! Info nn District Name: CITY OF BELLINGHAM District Address: 210 LOTTIE STREET, BELLINGHAM, WA 98225 Contact Person 1 Contact Person 2 MATT STAMPS, ASSISTANT CITY ATTORNEY, SR. (360)778-8280 MTSTAMPS@COB.ORG .., MATT STAMPS, ASSISTANT CITY ATTORNEY, SR. (360) 778-8280 MTSTAMPS@COB.ORG Attached the Resolution with original signatures or a certified copy of the original Resolution? Attached the Explanatory Statement (not to exceed 100 words) for the Local Voters' Pamphlet prepared by your attorney? Attached the "For"e*dakga09t' Committee Appointment Forms? 14 Completed this cover sheet? WMIK's Office Use - JUL 2 8 2020 DIANA BRADRICK WHATCOM COUNTY AUDITOR Deputy Auditor's Signatur CHAD SCHULHAUSER, PE, CITY ENGINEER (360) 778-7910 CMSCHULHAUSER@COB.ORG Has your attorney prepared this ballot measure? )� Yes ❑ No A� l Yes ❑ No Yes ❑ No {{ y � Yes ❑ No rG.r•r .,%Ak-k - Al Yes ❑ No Missing document(s): I understand that the submittal deadline date for the missing documents is AUGUST 4, 2020 and the Auditor's Office will not begin processing this ballot measure until all documents have been submitted. resente Signatu Revised 10/11/18 F SEQ,ry V 0' �%KC, Office of the City Attorney City of Bellingham July 28, 2020 Diana Bradrick Whatcom County Auditor 311 Grand Avenue, Suite 103 Bellingham, WA 98225 RE: CITY OF BELLINGHAM BALLOT MEASURE FOR NOVEMBER 3, 2020 ELECTION Concerning Extension of a Two Tenths of One Percent (0.002) Sales and Use Tax to Finance Certain Transportation Improvements Dear Ms. Bradrick: The Bellingham City Council, exercising the assumed powers of Transportation Benefit District No. 1, adopted Resolution 2020-23 on July 6, 2020, providing for the submission to the qualified electors of the City of Bellingham of the proposition whether the City shall extend for an additional 10-year period the existing sales and use tax of two -tenths of one percent (0.002) to finance certain transportation improvements for their approval or rejection at an election to be held on November 3, 2020. The following documents are enclosed: 1. Ballot Measure Cover Sheet; 2. Certified copy of Resolution #2020-23, providing for the ballot measure to be placed before Bellingham voters; 3. Certified copy of Resolution #2020-26, appointing a committee to draft a "statement for" the measure and documenting the City's due diligence in attempting, without success, to appoint a committee to prepare a "statement against" the measure; and 4. Committee Appointment Form. As noted in Item #3 above, the City made a good faith effort to identify persons willing to serve on the committee to draft a "statement against" the measure, including by posting a notice on the City's website, making direct phone calls to individuals who served on the committee that drafted the "statement against" the ballot measure for the original tax levy in 2010, and publishing a notice in the Bellingham Herald. Unfortunately, none of those efforts were successful. Therefore, City Council was not able to appoint a committee to draft a "statement against" the measure. Office: (360) 778-8270 i Fax: (360) 778-8271 1 www.cob.org/attorney 210 Lottie Street, Bellingham WA 98225 Please accept the following "Explanatory Statement" for the ballot measure, which I prepared in my role as Assistant City Attorney: In 2010, Bellingham voters approved a ballot proposition increasing the sales and use tax by two -tenths of one percent (0.002) to fund street paving, non -motorized transportation projects and transit. The tax was authorized for a ten-year period, expiring March 31, 2021. Bellingham voters are asked to continue and extend the sales and use tax of two -tenths of one percent (0.002) for an additional ten-year period to fund the following transportation improvements identified in the City's Transportation Improvement Plan: Annual Street Pavement Resurfacing Program; Nonmotorized Transportation Improvements; and Climate Action Plan & WTA Transit Plan improvements. Please contact me if you have any questions or need any additional documentation in order to place this ballot measure before Bellingham voters at the November 3, 2020 election. You may contact me directly at (360) 778-8280 or mtstamps@cob.or . Thank you. Sincerely, IYA� Matt Stamps Assistant City Attorney, Sr. CC. Seth Fleetwood, Mayor Peter Ruffatto, City Attorney Eric Johnston, Public Works Director RECEIVE' 0 coPY JUL 2 8 2020 MONA BRADRICK HATCOM COUNTY AUCITOR RESOLUTION NO.2020-23 AISOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON PROVIDING FOR A BALLOT PROPOSITION TO BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY ON NOVEMBER 3, 2020 TO CONTINUE AND EXTEND THE EXISTING SALES AND USE TAX OF TWO TENTHS OF ONE PERCENT (0.002) WITHIN THE CITY FOR AN ADDITIONAL TEN-YEAR PERIOD TO FUND SPECIFIED TRANSPORTATION IMPROVEMENTS WHEREAS, RCW 35.21.225 authorizes the legislative authority of a city to establish a transportation benefit district, which exists as a quasi -municipal corporation and independent taxing authority and district that can raise revenue for specific transportation projects pursuant to the provisions of Chapter 36.73 RCW; and WHEREAS, the Bellingham City Council adopted Ordinance No. 2010-07-040 on July 12, 2010 forming Bellingham Transportation District No. 1 ("TBD"), with boundaries that are coterminous with the corporate limits of the City, to fund street resurfacing, non -motorized transportation projects, and public transit ("TBD Projects"); and WHEREAS, the TBD board adopted Resolution No. 2010-1 on August 9, 2010 providing for a ballot proposition to be submitted to voters to impose a two -tenths of one percent (0.002) sales and use tax within the district for a period of ten years to fund the TBD Projects pursuant to RCW 36.73.040(3), 36.73.065(1) and 82.14.0455; and WHEREAS, Bellingham voters approved imposition of the proposed sales and use tax at the November 2010 election; and WHEREAS, the Bellingham City Council adopted Ordinance No. 2015-12-056 on December 14, 2015 absorbing the TBD and assuming all its rights, powers, functions and obligations pursuant to the authority granted in Chapter 36.74 RCW, with the result that the TBD ceased to exist as a separate entity; and WHEREAS, in recognition that the TBD no longer exists as a separate entity, all tax revenue collected and remitted to the City under Chapter 36.73 RCW and RCW 82.14.0455 is referred to hereinafter as the "Transportation Fund"; and WHEREAS, the voter -approved two -tenths of one percent (0.002) sales and use tax imposed in Bellingham pursuant to Chapter 36.73 and RCW 82.14.0455 expires on March 31, 2021; and WHEREAS, the City wishes to continue and extend the two -tenths of one percent (0.002) sales and use tax for one additional ten-year period, as authorized by RCW 82.14.0455, for the purpose of providing funds necessary to pay or finance the cost of the following transportation improvement projects contained in the City's Transportation Improvement Program: • Project #1: Annual Street Pavement Resurfacing Program; P N M t 'zed Trans ortatinn Im rovements• and ��,�����►tl I ' 111111 P P o ect o - o or1 9A or ashingtorr , County of Whatcorn r' 11 LUTION -1 (oats) 4x,,,,'1.� i certify that this is a true and correct copy of the City of Bellingham City Attorney �r - a „•, Original document consisting of pages. p 210 Lottie Street � v � � - • - Bellingham, Washington 98225 s '•., i*U%V '"A � ti0 (Signature) ��t Sa�� A 360-778-8270 r•��I�tIF OF WPI$ Notary Public 1 go, My appointment expires: • Project #3: Climate Action Plan & Whatcom Transportation Authority ("WTA") Transit Plan; (collectively, the "Transportation Fund Projects"); and WHEREAS, Project #1 Annual Street Pavement Resurfacing Program is a transportation project of significance to the City, as annual maintenance of existing public streets and bicycle lanes protects the City's investment in these facilities and ensures an adequate quality driving and riding surface at an optimized life -cycle cost; and WHEREAS, Project #2 Non -Motorized Transportation Improvements responds to an important goal in the City's Comprehensive Plan, to facilitate a mode shift to more non - motorized transportation facilities, and this voter approved sales and use tax will provide needed funding for infrastructure included in the City's Bicycle and Pedestrian Master Plan, including sidewalk connections, bicycle facilities and ADA upgrades; and WHEREAS, Project #3 Climate Action Plan & WTA Transit Plan will provide substantial benefit to the City and its inhabitants by implementing transportation measures in the City's Climate Action Plan, as well as capital improvements to support WTA's public transit system serving Bellingham, such as the creation of accessible pathways to transit stops, transit bus queue jumps at traffic signals, electric -powered WTA buses, electric bus charging facilities at WTA stations, electric vehicle charging stations through the City, group purchase of e-bikes and a -cars; and WHEREAS, it is the intent of City Council that Transportation Fund revenue will be allocated to the various Transportation Fund Projects as follows: approximately 40% to Project #1 Annual Street Pavement Resurfacing Program; approximately 40% to Project #2 Non -Motorized Transportation Improvements; and approximately 20% to Project #3 Climate Action Plan & Whatcom Transportation Authority (WTA) Transit Plan improvements, subject to adjustment by City Council through the annual public process of adopting the City's Transportation Improvement Program based upon funding needs (taking into account other available funding sources), project readiness and strategic priorities established by the City and WTA in their respective adopted plans; and WHEREAS, protecting public health, welfare, and safety by ensuring safe and well -maintained streets for its community members, businesses, and visitors is a primary responsibility of the City of Bellingham; and WHEREAS, the quality of a community's transportation infrastructure is a key driver of economic prosperity; and WHEREAS, because of this dedicated funding for transportation maintenance and improvements, our community has been able to maintain existing road surfaces, provide sidewalks, crossings, ADA facilities, bikeway safety improvements, and infrastructure support for people using transit; and RESOLUTION - 2 City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 360-778-8270 WHEREAS, careful maintenance of transportation infrastructure today can lessen the expense of increased maintenance tomorrow; and WHEREAS, a well -functioning transportation system that provides many alternatives can make living and working in Bellingham more affordable; and WHEREAS, the City of Bellingham strives to ensure equitable access to transportation options which helps the large number of households who live either in or near poverty and make up almost half of all Bellingham households; and WHEREAS, the City of Bellingham is committed to providing safe transportation and mobility choices for community members, regardless of income, race, age, disability, gender, or national origin; and WHEREAS, transportation accounts for a significant portion of the Bellingham community's greenhouse gas emissions and the City is committed to taking action to reduce such emissions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BELLINGHAM, EXERCISING THE ASSUMED POWERS OF TRANSPORTATION BENEFIT DISTRICT NO. 1, THAT: Section 1. Findings; Purpose. City Council, exercising the assumed powers of Transportation Benefit District No. 1 ("TBD"), finds that it is in the best interest of the inhabitants of the City to continue and extend the existing sales and use tax of two -tenths of one percent (0.002) for one additional ten-year period pursuant to RCW 36.73.040(3), 36.73.065(1) and 82.14.0455 for the purpose of providing funds necessary to pay or finance the cost of the transportation improvement projects identified in Section 2 of this resolution. Section 2. Transportation Fund Projects. The revenue generated by the sales and use tax described in Section 1 (the "Transportation Fund") will be dedicated to financing the following transportation improvement projects contained in the City's Transportation Improvement Program: • Project #1: Annual Street Pavement Resurfacing Program; • Project #2: Non -Motorized Transportation Improvements; and • Project #3: Climate Action Plan & Whatcom Transportation Authority ("WTA") Transit Plan. (Collectively, the "Transportation Fund Projects".) The cost of all necessary design, engineering, financial, legal and other consulting services, inspection and testing, administrative and relocation expenses and other costs incurred in connection with the foregoing Transportation Fund Projects shall be deemed a part of the costs of the Transportation Fund Projects. RESOLUTION - 3 City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 360-778-8270 City Council shall determine the application of moneys available for the Transportation Fund Projects so as to accomplish, as nearly as may be practicable, all of the Transportation Fund Projects. In the event that the proceeds of the sales and use tax described herein, plus any other money of the City available therefore, are insufficient to accomplish all of the Transportation Fund Projects, City Council shall use the available funds for paying the cost of those portions of the Transportation Fund Projects deemed by City Council most necessary and in the best interests of the City. City Council shall determine the exact locations and specifications for the elements of the Transportation Fund Projects as well as the timing, order and manner of implementing and completing the Transportation Fund Projects. City Council may alter, make substitutions to and amend the Transportation Fund Project descriptions as it determines is in the best interest of the City, consistent with the general descriptions provided above in the resolution and in accordance with the material change policy adopted by the TBD Board and the notice, hearing and other procedures described in Chapter 36.73 RCW, including RCW 36.73.050(2)(b), in each case as the same may be amended from time to time. If City Council shall determine that it has become impracticable to acquire, construct or implement all or any portion of the Transportation Fund Projects by reason of changed conditions, incompatible development, costs substantially in excess of the amount of sales and use tax proceeds estimated to be available, or acquisition by a superior governmental authority, City Council shall not be required to acquire, construct, or implement such portions. If all of the Transportation Fund Projects have been acquired, constructed, implemented or duly provided for, or found to be impracticable, City Council may apply the sales and use tax proceeds (including earnings thereon) or any portion thereof to other transportation improvements then identified in the City's Transportation Improvement Program in accordance with the material change policy adopted by the TBD Board and the notice, hearing and other procedures described in Chapter 36.73 RCW, including RCW 36.73.050(2)(b), in each case as the same may be amended from time to time. Section 3. Proposition. It is hereby found and declared that the best interests of the City require the submission to the qualified electors of the City of the proposition whether the City shall continue and extend the existing sales and use tax of two -tenths of one percent (0.002) for an additional ten-year period as authorized in RCW 82.14.0455 for their ratification or rejection at an election to be held on November 3, 2020. For the purpose of providing funds necessary to pay or finance the costs of the Transportation Fund Projects, the Whatcom County Auditor, as ex officio supervisor of elections in Whatcom County, Washington, is hereby requested to call and conduct such election to be held within the City on such day and to submit to the qualified electors of the City for their approval or rejection, a proposition to impose a sales and use tax of two -tenths of one percent (0.002) of the selling price in the case of the sales tax, or the value of the article used, in the case of the use tax. The tax is in addition to any other taxes authorized by law and shall be collected from those persons who are taxable by the state under Chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the boundaries of the City, for a period of ten years from its first date of collection. RESOLUTION - 4 City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 360-778-8270 Upon approval of the voters of the proposition herein set forth, the City may use proceeds of such sales and use tax for the purpose of paying or financing the cost of the Transportation Fund Projects in accordance with the requirements of Chapter 36.73 RCW. The City Clerk is hereby authorized and directed to certify said proposition to said official in the following form: CITY OF BELLINGHAM, WASHINGTON CONTINUATION AND EXTENSION OF SALES AND USE TAX FOR TRANSPORTATION IMPROVEMENTS The City Council of the City of Bellingham, Washington, exercising the assumed powers of Transportation Benefit District No. 1, adopted Resolution No. 2020-23 concerning a sales and use tax to finance transportation improvements. This proposition would authorize the continuation and extension of an existing sales and use tax of two -tenths of one percent (0.002) on all taxable retail sales within the city in accordance with RCW 82.14.0455 for a ten-year period to pay or finance costs of the following transportation improvements contained in the City's Transportation Improvement Program: Annual Street Pavement Resurfacing Program; Nonmotorized Transportation Improvements; and Climate Action Plan & Whatcom Transportation Authority ("WTA") Transit Plan improvements. Should this proposition be approved? Yes? ....................................... ❑ No? ........................................ ❑ Section 4. Corrections. The City Clerk is authorized to make necessary clerical corrections to this resolution, including, but not limited to, the correction of scrivener's errors, references, resolution and ordinance numbering, section/subsection numbers and any references thereto. Section 5. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. PASSED by the Council this 61h day of Jam, 2020. RESOLUTION - 5 City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 360-778-8270 APPROVED by me this i�' day of , 2020 Fleetwaokayor ATTEST: APPROVED AS TO FORM: Office of the City Attorney RESOLUTION - 6 City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 360-778-8270 RECEIVE-p JUL 2 8 2020 DIANA BR "US' VVHATCOM couNTYAU0ITCR RESOLUTION NO.2020-26 A RESOLUTION OF THE CITY OF BELLINGHAM, WASHINGTON APPOINTING COMMITTEES TO PREPARE PRO AND CON STATEMENTS FOR THE LOCAL VOTER'S PAMPHLET ON THE BALLOT PROPOSITION TO CONTINUE AND EXTEND THE SALES AND USE TAX OF TWO TENTHS OF ONE PERCENT (0.002) FOR AN ADDITIONAL TEN-YEAR PERIOD TO FINANCE CERTAIN TRANSPORTATION IMPROVEMENTS WHEREAS, on July 6, 2020 the Bellingham City Council passed Resolution #2020-23 providing for the submission to the qualified electors of the City of Bellingham of the proposition whether the City shall continue and extend the existing sales and use tax of two - tenths of one percent (0.002) for an additional ten-year period to finance certain transportation improvements, as authorized in RCW 82.14.0455, for their ratification or rejection at an election to be held on November 3, 2020; and WHEREAS, pursuant to RCW 29A.32.280, a local jurisdiction that has a ballot measure for either the primary election or general election is required to have its legislative authority formally appoint a committee to prepare arguments advocating voters' approval of the measure and a committee to prepare arguments advocating voters' rejection of the measure; and WHEREAS, the legislative authority is required to appoint persons known to favor the measure to serve on the committee advocating approval and shall, whenever possible, appoint persons known to oppose the measure to serve on the committee advocating rejection of the measure; and WHEREAS, each committee shall have not more than three members; however, the committee may seek the advice of any person or persons; and WHEREAS, the City made a diligent effort to solicit participation for the "Against" committee by posting the request to the City's website, making direct phone calls to potential individuals, and submitting a news release to the newspaper requesting volunteers and was unsuccessful in obtaining any members for said committee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BELLINGHAM THAT: 1. The following persons are hereby appointed to prepare a statement advocating the voters' approval of the measure: Rodd Pemble Trevor Smith Karen Burke State of Washington, 7 ! County of Whatcom (Date) I certify that this is a true and correct copy of the RESOLUTION - briginal document consisting of 2- pages. (Signature) FJe'si-A Notary Public ie /! �13 My appointment expires: — y��*r�u►►►►lt t II '[ N A 014 =�P po acfi;; o,,,r ,r l�+r sW �� 20 ; ►�-+ 1437a ' Z S � G :0 � 1 1111 0 F VV��i ellingham 111�� Y Y 210 Lottie Street Bellingham, Washington 98225 360-778-8270 PASSED by the Council this 201h day of Jam, 2020. Aa Gene Knutson, Council President r•i APPROVED by me this day o. ATTEST: APPROVED AS TO FORM: Office of the City At RESOLUTION - 2 City of Bellingham City Attorney 210 Lottie Street Bellingham, Washington 98225 360-778-8270