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HomeMy WebLinkAbout1996 - City of Blaine Street Sidewalk & Storm Drain Imp Levy Nov 5,1996WHATCOM COUNTY AUDITOR'S OFFICE OFFICIAL CANVASS OF THE SPECIAL ELECTION HELD TUESDAY, NOVEMBER 5, 1996 IN THE CITY OF BLAINE, WHATCOM COUNTY, WASHINGTON FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY THE PROPOSITION FOR A RESIDENTIAL STREET, SIDEWALK AND STORM DRAIN IMPROVEMENT LEVY. OATH OF AUDITOR STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) I do solemnly swear that the returns purporting to be the election returns of the City of Blaine, Whatcom County, Washington held on the 5th day of November, 1996 have in no wise been altered by additions or erasures, and that they are the same as when they were deposited in my office. Whatcom Co ty Auditor Subscribed'and sworn to before me this 20th day of November, 1996. G�� 1 County Legislative Authority `• CERTIFICATION OF CANVASSING BOARD STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) THIS IS TO CERTIFY THAT WE, as the Whatcom County Canvassing Committee have completed our canvass of votes as it pertains to the Special Election held within various precincts within the boundaries of the City of Blaine, Whatcom County, Washington on the 5th day of November, 1996 and the results were as follows: CITY OF BLAINE Special Election — Proposition No.1 Submitted by the City of Blaine (RESIDENTIAL STREET, SIDEWALK AND STORM DRAIN IMPROVEMENT LEVY) Shall the City of Blaine, to pay the costs of residential street, sidewalk and storm drain construction, increase its annual regular property tax levy for ten years by approximately $0.90 per thousand of assessed valuation and in 2006 reduce its regular property tax levy to the amount otherwise provided by law, to generate revenue for residential street, sidewalk and storm drain construction in 1997 through 2006, all as specified in Ordinance No. 96-2260? Levy, YES -167 -> LEVY, YES 622 55. 7% Levy, NO -169 4 LEVY, NO 494 44. 3% The canvass having been completed this 20th day of November, 1996. WHATCOM COUNTY CANVASSING BOARD County Audito • • Cou ty Legislative Authority T 1 7 Liz County Deputy Prosecuting Attorney ABSTRACT ELECTION REPORT RPT DATE: 11/19/96 RPT #: 108.09 PAGE #: 65 ABSTRACT ELECTION REPORT RPT DATE: 11/19/96 RPT #: 108.09 PAGE #: 75 5th day of November, 1996 and the results were as follows: Number Persons Voting Last General Election 248 40% Turnout 99 60% Yes Vote 59 LEVY, YES LEVY, NO LEVY PASSED: The canvass has been completed this 20th day of November, 1996. WHATCOM COUNTY CANVASSING BOARD County Auditor County Legislative Authority County Deputy Prosecuting Attorney Lam CO WHATCOM COUNTY AUDITOR'S OFFICE COUNTY COURTHOUSE P.O. Box 398 Bellingham, WA 98227-0398 SHIRLEY FORSLOF AUDITOR TERRY HINZ, C.P.A. CHIEF DEPUTY VALIDATION FIGURES WHATCOM COUNTY, WASHINGTON SPECIAL ELECTIONS HELD ON NOVEMBER 5, 1996 The validation figures are based on the number of voters who voted from the districts in the last general election held on November 7, 1995. Number of Persons District Voting Last General City of Blaine 773 Pt. Roberts Pk #1 248 40% 600 Turnout Yes Vote 309 185 99 59 Shirley F rslof Whatcom County Auditor Auditor / Accounting Recording Elections Motor Vehicle Licensing Internal Auditing Department FAX (360) 676-6740 (360) 676-6741 (360) 676-6742 (360) 676-6743 (360) 738-2453 (360) 738-4556 ON C wNA 1RL, Era CoUNry vUf)170 k :S C ` 3 19$6 ORDINANCE NO.96-2260 1 AN ORDINANCE of the City of Blaine, Washington, providil -dre,su , ssion to the qualified electors of the City at the General Election to be held therein on Novernbi!r—, , 5, 1996, of a proposition authorizing the City to levy regular property taxes for ten years in excess of the 106% limitation for the purpose of generating sufficient funding in each of such years for residential street, sidewalk and storm drain system construction and providing for an annual levy and the collection of taxes. WHEREAS, the special street levy that was approved by the voters on September 16. 1986 expires on December 31, 1996; and, WHEREAS, the residential streets, sidewalks and storm drain systems of the City of Blaine, Washington (the "City") will require extensive expenditures for construction over the next decade: and WHEREAS, the projected resources of the City due to the constraints of the 106% levy limitation will be inadequate to provide the funds necessary for such residential street, sidewalk and storm drainage constriction; and WHEREAS, to provide additional funds for such a purpose it is deemed necessary and advisable that the City levy regular property taxes in excess of the 106% limitation over ten years to provide revenue in each of such years for such limited purposes; and WHEREAS, RCW 84.55.050 permits the question of whether or not the City may exceed the 106% levy limitation for such limited purpose and term to 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 BLAINE, WASHINGTON, AS FOLLOWS: Section 1. Findings. The City hereby finds that the public health, safety and welfare requires a ten-year residential street, sidewalk and storm drain construction program. The City finds specelec page I S/27FX6 N that in addition to funds projected to be available for such purposes, it will require significant revenue in each year of the next ten years to provide necessary residential street, sidewalk and storm drain construction. Section 2. Policy Statement The City's Residential Street and Sidewalk Committee recommended the following policy and attached residential street/sidewalk plan (Exhibit "A") which is adopted by the City of Blaine. • The use. of Local Improvement District (LID's) for funding of existing residential streets. sidewalks and storm drain is prohibited, with exception as follows: LID's may be used for the funding of streets, sidewalks and stormdrains in new developments, subdivisions, business, commercial and industrial areas of the City only. The use of the proposed levy funds is for the sole purpose of the construction of residential streets, sidewalks and storm drains (excluding maintenance). • The City recognizes that it cannot fix past problems related to the use of LID's and construction of streets, sidewalks and storm drains. The City will utilize the proceeds generated from this levy increase to repay bonds and to establish a sinking fund for the purpose of generating funds over the next ten years for additional construction of residential streets, sidewalks and storm drains. e The primary purpose of this levy increase is for the construction of residential streets. sidewalks and storm drains. A secondary use of these funds is for the purpose of generating matching funds to leverage grant funding for streets classified as minor collectors (e.g. Cherry & Mitchell). • Residential streets will be constructed to the City adopted twenty-eight (28) foot standard which is inclusive of curb and gutter on both sides, parking and sidewalk on one -side. It is understood that the sidewalk to the extent practical will be constructed on the North and .specelec page 2 3/27/96 East side of the street. It is also recognized that the residential street standard is a minimum and that residents desiring an additional sidewalk may procure a sidewalk at their sole expense. Section 3. Levy. For the purpose of providing funds necessary to pay a portion of the required residential street, sidewalk and storm drain construction costs in the years 1997 through 2006, the City shall submit to the qualified electors of the City a proposition as authorized by RCW 35.55.050, as amended by Chapter 169, Laws of Washington, 1986 to exceed the 106%n levy limitation on regular property taxes contained ui RCW 84.55.010. The proposition shall provide for regular taxes to be levied in 1996 through 2005 for collection in 1997 through 2006 respectively, a period of ten years, for the sole purpose of providing funding in each year for residential street, sidewalk and storm drain construction within the City. Upon approval of such proposition, the City will increase its regular property tax levy by approximately $0.90 per thousand dollars of assessed value in 1996 for collection in 1997 above the current regular property taxes which is levied within the 106% levy limitation. The residential street, sidewalk and storm drain improvement levy rate for tax years 1997 through 2006 will remain at $0.90 per thousand dollars of assessed value above the regular property tax rate in order to generate revenues based upon the larger municipal tax base anticipated. Property taxes levied in 2006 for collection in 2007 and in later years shall be computed as if the limitation on levies contained 'in RCW 84.55.010 had been in effect from 1996 through 2005 and authority to exceed the 106% limitation under this ordinance had not been approved and such increased property taxes had not been made. Section 4. Ballot Title. It is hereby found that an urgent need exists for the funding of residential street, sidewalk and storm drain construction; and it is hereby declared that the question requiring submission to the qualified electors of the City a proposition authorizing regular property tax specelec page 3 8/27�)6 levies in excess of 106% levy limitation for the purpose described in this ordinance at the General Election to be held thereon on November 5, 1996. The Whatcom County Auditor, as ex officio Supervisor of Elections, is hereby requested also to find the existence of such need, and is requested to assume jurisdiction of and to call and conduct an election and to submit to the qualified electors of the City the proposition set forth below_ The City Clerk is hereby authorized and directed not less than 45 days prior to November 5, 1996, to certify the proposition to the Whatcom County Auditor in the following form: The City of Blaine, Washington Proposition No. 1 (Residential Street, Sidewalk and Storm Drain Improvement Levy) Shall the City of Blaine, to pay the costs of residential street, sidewalk and storm drain construction, increase its annual regular property tax levy for ten years by approximately $0.90 per thousand of assessed valuation and in 2006 reduce its regular property tax levy to the amount otherwise provided by law, to generate revenue for residential street, sidewalk and storm drain construction in 1997 through 2006, all as specified in Ordinance No. 96-2260 LEVY YES LEVY NO Section 5. Certification. Certification of such proposition by the City Clerk to the Whatcom County Auditor in accordance with law prior to the date of such election on November 5 1996, and any other act consistent with the authority and prior to the effective date of this ordinance. are hereby ratified and confirmed. Section 6. Effective Date. This ordinance shall become effective five days fi-om and after the date of its passage and publication as provided by law. Secti on 7. retroactivity. Not withstanding the provisions of this ordinance there shall be no interpretation that any and all prior obligations existing at the time of City Council approval of the ordinance are in any way changed. .specelec page 4 PASSED by the City Council of the City of Blaine, Washington. in regular- meeting thereof held this 26th day of August, 1996. ATTEST: -117 Approved as to form: 9 l City Attorney specelec page 5 9/27/96 EXHIBIT "A" BLAINE CITIZEN'S ADVISORY STREET/SIDEWALK COMMITTEE: IMPROVEMENT PLAN: 1997-2006 NUMBER I DESCRA FROM I TO I CITY $(K) I OTHER ,% (K) STREET, INCLUDE. CURB, SIDEWALK, DRAINAGE 1 Adelia/Ba Mitchell Clyde 255 DEV-255 2 E 3rd 5th 255 3 F 4th 6th 255 4 4th D F 210 _ 5 Han-ison P.Portal Martin 750 6 Clark Third Fourth alt-100 _ 7 Fourth Mai -tin Chen alt-260 _ 8 Adelia Mitchell Harrison 330 9 Mitchell P.Portal Chen alt-281 TBI-281 Subtotal 2055 OTH-536 SIDEWALK ONLY PROJECTS S 1 6th D G 17 S2 Cheny Mitchell Harrison 17 TIB-17 S3 Chen Harrison P.Portal 18.7 TIB-18.7 S4 Boblett Blaine Mitchell 10.2 S5 G 8th IOth 13.6 and 9th G H above S6 E 6th IIth 25.5 S7 Cedar Mitchell Harrison 17 S8 Cedar Han-ison P.Portal 22.1 S9 Boblett P.Portal 4th 11.9 S 10 4th A D 17 Sil B 1st 5th 27.2 Subtotal - Sidewalks 197.2 OTH-35.7 TOTAL - ALL PROJECTS 2252.2 OTH-571. GRAND TOTAL = $2,823.900 C17ZADV Street, Sidewalk, Storm Drain Levy $2, 000, 000 Bond Commencing in 1998 East Blaine estimated valuation added in All dollars are 1996 , no interest calculated Streetsf.doc 3.15.010--3.15.040 I Chapter 3.15 ITIONAL REAL ESTATE EXCISE TAX Sections• 3.15.010 Imposition of additional real estate excise tax. 3.15.020 Lien. 3.15.030 Seller's obligation. 3.15.040 Collection. 3.15.050 Date payable. 3.15.060 Disbursal of tax proceeds. 3.15.070 Excessive and improper payments. 3.15.010 -Imposition of additional real estate excise tax. A. There is hereby imposed, pursuant to RCW 82.46.035, a tax on each sale of real property within the corporate limits of the city at a rate of one -quarter of one percent of the selling price of the real property. B. The excise tax so imposed is in addition to the excise tax imposed by Ordinance No. 1665, codified under Chapter 3.14. C. The additional excise tax shall be collected from those persons who are taxable by the state of Washington under RCW Chapter 82.45 upon the occurrence of any taxable event within the corporate limits of the city- D. The excise tax shall comply with all applicable rules, regulations, laws and court decisions regarding real estate excise taxes as imposed by the state of Washington under RCW Chapter 82.45. (Ord. 2065 §1, 1992: Ord. 2031 §1, 1991) 3.15.020 Lien. The real estate excise tax and inter- est or penalties thereon shall constitute a specific lien upon each piece of property sold from time of sale until the tax is paid, which lien may be enforced in the manner prescribed for the foreclosure of mortgages. (Ord. 2031 §2, 1991) 3.15.030 Seller's obligation. The excise tax shall be the obligation of the seller of the real property and may be enforced through an action of debt against the sell- er or in the manner prescribed for the foreclosure of mort- gages. Resort to one course of enforcement is not an elec- tion not to pursue the other. (Ord. 2031 §3, 1991) 3.15.040 Collection. The taxes shall be paid to and collected by the county treasurer. The treasurer shall act as an agent for the city. The treasurer shall cause a stamp evidencing satisfaction of the lien to be affixed to 80-3 (Blaine 8/93) 3 3.15.050--3.15.070 the instrument of sale or conveyance prior to its recorda- tion, or to the real estate excise tax affidavit in the case of used mobile home sales. A receipt issued by the treasurer for the payment of the tax shall be evidence of the satisfaction of the lien imposed by Section 3.15.020 and may be recorded in the manner prescribed for recording satisfactions of mortgages. No instrument of sale or con- veyance evidencing a sale subject to the tax may be accept- ed by the county auditor for filing or recording until the tax is paid and the stamp affixed thereto; in case the tax is not due on the transfer, the instrument shall not be accepted until a suitable notation of this fact is made on the instrument of the treasurer. (Ord. 2031 §4, 1991) 3.15.050 Date o Viable. The tax imposed hereunder shall become due and payable immediately at the time of sale and, if not so paid within thirty days thereafter, shall bear interest at the rate of one percent per month from the time shall until the date of payment. (Ord. 2031 §5, 1991) 3.15.060 Disbursal of tax proceeds. A. The county treasurer shall deposit one percent of the proceeds of the excise tax imposed under Section 3.15.010(A) into the Whatcom County current expense fund to defray the costs of collection. B. The remaining proceeds of the excise tax shall be remitted to the city on a monthly basis and shall be placed in a municipal capital facilities for growth management fund. These capital facilities funds shall be accumulated from year to year, and may be expended at such times as the city council shall direct, to be used by the city for pur- poses of making capital improvements for the public bene- fit, including those capital improvements listed in RCW Section 35.43.040. (Ord. 2065'§2, 1992: Ord. 2031 §6, 1991) 3.15_.070 _Excessive and impro_Der_payments_. If, upon written application by a taxpayer to the county treasurer for a refund, it appears a tax has been paid in excess of the amount actually due or upon a sale or other transfer declared to be exempt-, such excess amount or improper pay- ment shall be refunded by the county treasurer to the tax- payer; provided, that no refund shall be made unless the state has first authorized the refund of an excessive amount or an improper amount paid, unless such improper amount was paid as a result of a miscalculation. Any re- fund made shall be withheld from the next monthly distribu- tion to the city. (Ord. 2031 §7, 1991) (Blaine 8/93) 80-4 CITY OF BLAINE Statement of Revenues and Expenditures For Month End July 31, 1996 CAPITAL FACELITIES (308) Year to date Actual 7/31/96 Actual to Budget % Annual Budget Favorable (Unfavorable) Variance S VEN 1/4% REAL ESTATE EXCISE TAX INTEREST EARNINGS TOTAL REVENUES FEN I E 29,777 8,804 38,581 59.55% 176.08% 771,62% 50.000 5,000 5.000 20,223 3,804 3,804 TRANSFERS OUT 0 0.00% 0 0- TOTAL EXPENDITURE, 0 0.001%+7,, 0 0 Excess Revenues over under) Expenditures ENDING FUND BALANCE 38,581 Undesignated Fund Bal 1/1/95 315,526 UNDESIGNATED FUND BALANCEI 354,107 w R�R IV�� k�lrcom nl OF QljDrroR Ct] V �+l w R x�e�.,ORS,., r v AUDrrol 3 1996 ORDINANCE NO.96-2260 AN ORDINANCE of the City of Blaine, Washington, providing�oBlf-the,Strb ssion to the qualified electors of the City at the General Election to be held therein on Noveimb�li­�_ 5, 1996, of a proposition authorizing the City to levy regular property taxes for ten years in excess of the 106% limitation for the purpose of generating sufficient funding in each of such years for residential street, sidewalk and storm drain system construction and providing for an annual levy and the collection of taxes. WHEREAS, the special street levy that was approved by the voters on September 16. 1986 expires on December 31, 1996; and, WHEREAS, the residential streets, sidewalks and storm drain systems of the City of Blaine, Washington (the "City") will require extensive expenditures for construction over the next decade; and WHEREAS, the projected resources of the City due to the constraints of the 106% levy limitation will be inadequate to provide the funds necessary for such residential street, sidewalk and storm drainage constriction; and WHEREAS, to provide additional funds for such a purpose it is deemed necessary and advisable that the City levy regular property taxes in excess of the 106% limitation over ten years to provide revenue in each of such years for such limited purposes; and WHEREAS, RCW 84.55.050 permits the question of whether or not the City may exceed the 106% levy limitation for such limited purpose and term to 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 BLAINE, WASHINGTON, AS FOLLOWS: Section 1. Findings. The City hereby finds that the public health, safety and welfare requires a ten-year residential street, sidewalk and storm drain construction program. The City finds specelec page 1 827l96 that in addition to funds projected to be available for such purposes, it will require significant revenue in each year of the next ten years to provide necessary residential street, sidewalk and storm drain construction. Section 2_ Policy Statement The City's Residential Street and Sidewalk Committee recommended the following policy and attached residential street/sidewalk plan (Exhibit "A") which is adopted by the City of Blaine. • The use of Local Improvement District (LID's) for funding of existing residential streets, sidewalks and storm drain is prohibited, with exception as follows: LID's may be used for the funding of streets, sidewalks and stormdrains in new developments, subdivisions, business, commercial and industrial areas of the City only. • The use of the proposed levy funds is for the sole purpose of the construction of residential streets, sidewalks and storm drains (excluding maintenance). • The City recognizes that it cannot fix past problems related to the use of LID's and construction of streets, sidewalks and storm drains. • The City will utilize the proceeds generated from this levy increase to repay bonds and to establish a sinking fund for the purpose of generating funds over the next ten years for additional construction of residential streets, sidewalks and storm drains. • The primary purpose of this levy increase is for the construction of residential streets, sidewalks and storm drains. A secondary use of these funds is for the purpose of generating matching funds to leverage grant funding for streets classified as minor collectors (e.g. Cherry & Mitchell). • Residential streets will be constructed to the City adopted twenty-eight (28) foot standard which is inclusive of curb and gutter on both sides, parking and sidewalk on one -side. It is understood that the sidewalk to the extent practical will be constructed on the North and specelec page 2 8/27/96 East side of the street. It is also recognized that the residential street standard is a minimum and that residents desiring an additional sidewalk may procure a sidewalk at their sole expense. Section 3. LeVy. For the purpose of providing funds necessary to pay a portion of the required residential street, sidewalk and storm drain construction costs in the years 1997 through 2006, the City shall submit to the qualified electors of the City a proposition as authorized by RCW 35.55.050, as amended by Chapter 169, Laws of Washington, 1986 to exceed the 106% levy limitation on regular property taxes contained in RCW 84.55.010. The proposition shall provide for regular taxes to be levied in 1996 through 2005 for collection in 1997 through 2006 respectively, a period of ten years, for the sole purpose of providing funding in each year for residential street, sidewalk and storm drain construction within the City. Upon approval of such proposition, the City will increase its regular property tax levy by approximately $0.90 per thousand dollars of assessed value in 1996 for collection in 1997 above the current regular property taxes which is levied within the 106% levy limitation. The residential street, sidewalk and storm drain improvement levy rate for tax years 1997 through 2006 will remain at $0.90 per thousand dollars of assessed value above the regular property tax rate in order to generate revenues based upon the larger municipal tax base anticipated. Property taxes levied in 2006 for collection in 2007 and in later years shall be computed as if the limitation on levies contained 'in RCW 84.55.010 had been in effect from 1996 through 2005 and authority to exceed the 106% limitation under this ordinance had not been approved and such increased property taxes had not been made. Section 4. Ballot Title. It is hereby found that an urgent need exists for the funding of residential street, sidewalk and storm drain construction; and it is hereby declared that the question requiring submission to the qualified electors of the City a proposition authorizing regular property tax specelec page 3 8/27/96 levies in excess of 106% levy limitation for the purpose described in this ordinance at the General Election to be held thereon on November 5, 1996. The Whatcom County Auditor, as ex officio Supervisor of Elections, is hereby requested also to find the existence of such need, and is requested to assume jurisdiction of and to call and conduct an election and to submit to the qualified electors of the City the proposition set forth below. The City Clerk is hereby authorized and directed not less than 45 days prior to November 5, 1996, to certify the proposition to the Whatcom County Auditor in the following form: The City of Blaine, Washington Proposition No. 1 (Residential Street, Sidewalk and Storm Drain Improvement Levy) Shall the City of Blaine, to pay the costs of residential street, sidewalk and storm drain construction, increase its annual regular property tax levy for ten years by approximately $0.90 per thousand of assessed valuation and in 2006 reduce its regular property tax levy to the amount otherwise provided by law, to generate revenue for residential street, sidewalk and storm drain construction in 1997 through 2006, all as specified in Ordinance No. 96-2260 LEVY YES LEVY NO Section 5. Certification. Certification of such proposition by the City Clerk to the Whatcom County Auditor in accordance with law prior to the date of such election on November 5, 1996, and any other act consistent with the authority and prior to the effective date of this ordinance, are hereby ratified and confirmed. Section 6. Effective Date. This ordinance shall become effective five days from and after the date of its passage and publication as provided by law. Section . Retroactivity. Not withstanding the provisions of this ordinance there shall be no interpretation that any and all prior obligations existing at the time of City Council approval of the ordinance are in any way changed. specelec page 4 8rz7a96 PASSED by the City Council of the City of Blaine, Washington, in regular meeting thereof held this 26th day of August, 1996. ATTEST: Approved as to form: City Attorney specelec page 5 827/96 EXHIBIT "A" BLAINE CITIZEN'S ADVISORY STREET/SIDEWALK COMMITTEE: IMPROVEMENT PLAN: 1997-2006 NUMBER I DESCR 1. FROM I TO I CITY $ (K) I OTHER $ (K) STREET. INCLUDE. CURB, SIDEWALK. DRAINAGE 1 AdeliaBa Mitchell Clyde 255 DEV-25.5 2 E 3rd 5th 255 3 F 4th 6th 255 4 4th D F 210 5 Harrison P.Portal Mai -tin 750 6 Clark Third Fourth alt-100 7 Fourth Martin Chen alt-260 8 Adelia Mitchell Harrison 330 9 Mitchell P.Portal Cheir alt-281 TBI-281 Subtotal 2055 OTH-536 SIDEWALK ONLY PROJECTS S 1 6th D G 17 S2 Chen Mitchell Harrison 17 TIB-17 S3 Cheriy Harrison P.Portal 18.7 TIB-18.7 S4 Boblett Blaine Mitchell 10.2 S5 G 8th loth 13.6 and 9th G H above S6 E 6th IIth 25.5 S7 Cedar Mitchell Harrison 17 S8 Cedar Har7son P.Portal 22.1 S9 Boblett P.Portal 4th 11.9 S 10 4th A D 17 S11 B 1st 5th 27.2 Subtotal - Sidewalks 197.2 OTH-35.7 TOTAL - ALL PROJECTS 2252.2 OTH-571. GRAND TOTAL = $2,823.900 CI7Z4DV Street, Sidewalk, Storm Drain Levy $2, 000, 000 Bond Commencing in 1998 East Blaine estimated valuation added in All dollars are 1996 , no interest calculated Streetsf.doc 3.15.010--3.15.040 Chapter 3.15 ADDITIONAL REAL ESTATE EXCISE T Sections• 3.15.010 Imposition of additional real estate excise tax. 3.15.020 Lien. 3.15.030 Seller's obligation. 3.15.040 Collection. 3.15.050 Date payable. 3.15.060 Disbursal of tax proceeds. 3.15.070 Excessive and improper payments. 3.15.010 Imposition of additional real estate excise tax. A. There is hereby imposed, pursuant to RCW 82.46.035, a tax on each sale of real property within the corporate limits of the city at a rate of one -quarter of one percent of the selling price of the real property. B. The excise tax so imposed is in addition to the excise tax imposed by Ordinance No. 1665, codified under Chapter 3.14. C. The additional excise tax shall be collected from those persons who are taxable by the state of Washington under RCW Chapter 82.45 upon the occurrence of any taxable event within the corporate limits of the city. D. The excise tax shall comply with all applicable rules, regulations, laws and court decisions regarding real estate excise taxes as imposed by the state of Washington under RCW Chapter 82.45. (Ord. 2065 §1, 1992: Ord. 2031 §1, 1991) 3.15.020 Lien. The real estate excise tax and inter- est or penalties thereon shall constitute a specific lien upon each piece of property sold from time of sale until the tax is paid, which lien may be enforced in the manner prescribed for the foreclosure of mortgages. (Ord. 2031 §2, 1991) 3.15.030 Seller's obligation. The excise tax shall be the obligation of the seller of the real property and may be enforced through an action of debt against the sell- er or in the manner prescribed for the foreclosure of mort- gages. Resort to one course of enforcement is not an elec- tion not to pursue the other., (Ord. 2031 §3, 1991) 3.15.040 Collection. The taxes shall be paid to and collected by the county treasurer. The treasurer shall act as an agent for the city. The treasurer shall cause a stamp evidencing satisfaction of the lien to be affixed to 80-3 (Blaine 8/93) 3.15.050--3.15.070 the instrument of sale or conveyance prior to its recorda- tion, or to the real estate excise tax affidavit in the case of used mobile home sales. A receipt issued by the treasurer for the payment of the tax shall be evidence of the satisfaction of the lien imposed by Section 3.15.020 and may be recorded in the manner prescribed for recording satisfactions of mortgages. No instrument of sale or con- veyance evidencing a sale subject to the tax may be accept- ed by the county auditor for filing or recording until the tax is paid and the stamp affixed thereto; in case the tax is not due on the transfer, the instrument shall not be accepted until a suitable notation of this fact is made on the instrument of the treasurer. (Ord. 2031 §4, 1991) 3.15.050 Date payable. The tax imposed hereunder shall become due and payable immediately at the time of sale and, if not so paid within thirty days thereafter, shall bear interest at the rate of one percent per month from the time shall until the date of payment. (Ord. 2031 §5, 1991) 3.15.060 Disbursal of tax proceeds. A. The county treasurer shall deposit one percent of the proceeds of the excise tax imposed under Section 3.15.010(A) into the Whatcom County current expense fund to defray the costs of collection. B. The remaining proceeds of the excise tax shall be remitted to the city on a monthly basis and shall be placed in a municipal capital facilities for growth management fund. These capital facilities funds shall be accumulated from year to year, and may be expended at such times as the city council shall direct, to be used by the city for pur- poses of making capital improvements for the public bene- fit, including those capital improvements listed in RCW Section 35.43.040. (Ord. 2065'§2, 1992: Ord. 2031 §6, 1991) 3.15.070 Excessive and improper Pavments_. If, upon written application by a taxpayer to the county treasurer for a refund, it appears a tax has been paid in excess of the amount actually due or upon a sale or other transfer declared to be exempt, such excess amount or improper pay- ment shall be refunded by the county treasurer to the tax- payer; provided, that no refund shall be made unless the state has first authorized the refund of an excessive amount or an improper amount paid, unless such improper amount was paid as a result of a miscalculation. Any re- fund made shall be withheld from the next monthly distribu- tion to the city. (Ord. 2031 §7, 1991) (Blaine 8/93) 80-4 Rje whdT t v CC.]$H'R'� �i�SrLp�fi'. AUpffoR ,SF P . 3 1,996 WHATCOM COUNTY AUDITOR'S OFFICE OFFICIAL CANVASS OF THE SPECIAL ELECTION HELD TUESDAY, NOVEMBER 5, 1996 IN THE CITY OF BLAINE, WHATCOM COUNTY, WASHINGTON FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY THE PROPOSITION FOR A RESIDENTIAL STREET, SIDEWALK AND STORM DRAIN IMPROVEMENT LEVY. OATH OF AUDITOR STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) I do solemnly swear that the returns purporting to be the election returns of the City of Blaine, Whatcom County, Washington held on the 5th day of November, 1996 have in no wise been altered by additions or erasures, and that they are the same as when they were deposited in my office. Whatcom Co ty Auditor Subscribed and sworn to before me this 20th day of November, 1996. County Legislative Authority CERTIFICATION OF CANVASSING BOARD STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) THIS IS TO CERTIFY THAT WE, as the Whatcom County Canvassing Committee have completed our canvass of votes as it pertains to the Special Election held within various precincts within the boundaries of the City of Blaine, Whatcom County, Washington on the 5th day of November, 1996 and the results were as follows: CITY OF BLAINE Special Election — Proposition No.1 Submitted by the City of Blaine (RESIDENTIAL STREET, SIDEWALK AND STORM DRAIN IMPROVEMENT LEVY) Shall the City of Blaine, to pay the costs of residential street, sidewalk and storm drain construction, increase its annual regular property tax levy for ten years by approximately $0.90 per thousand of assessed valuation and in 2006 reduce its regular property tax levy to the amount otherwise provided by law, to generate revenue for residential street, sidewalk and storm drain construction in 1997 through 2006, all as specified in Ordinance No. 96-2260? Levy, YES - 167 4 LEVY, YES Levy, NO -169 4 LEVY, NO The canvass having been completed this 20th day of November, 1996. 622 55.7% 494 44.37o WHATCOM COUNTY CANVASSING BOARD County Audito XI-2 Cou ty Legislative Authority County Deputy Prosecuting Attorney STYLE #3 GENERAL ELECTION WHATCOM COUNTY, WASHINGTON NOVEMBER 5, 1996 ABSENTEE BALLOT GUIDE The ballot which you have received is actually a data process- ing card prepared for recording your vote. Do not mark, fold or punch the ballot punchcard except as outlined in the instructions. Your Mail -In Ballot Packet consists of. r This Ballot guide listing the ballot measures and/or candidates. • A pre -scored Ballot Punchcard. • A Ballot security envelope for the Ballot Punchcard. • A pre -addressed Return Envelope to return your voted Ballot Punchcard, which should first be enclosed in the Ballot security envelope. Absentee Voting Instructions are on the next page. READ ALL INSTRUCTIONS BEFORE VOTING OPEN THIS BALLOT GUIDE HOW TO VOTE Ballot _ Punchcard 31 Punch chip completely out of Ballot Punchcard with a paper clip or similar device. 1. Remember to SIGN YOUR NAME on the outside of the MAILING envelope on the line under the Voter Affidavit. Your signature is compared to your signature on file with the County. 2. In the Ballot Guide, to the right of each measure or candidate, is a number which is assigned to a position on your Ballot Card. 3. Use a paper clip, tooth pick or sharp pencil to punch out the pre -scored square located just above the number assigned to the candidate or measure. 4. Write in candidates may be voted for by using the space provided on the flap attached to your ballot card. You must list both the Name and Office of the write-in candidate and the Political Party in Partisan races. Do not punch out a position number for any other candidate for that office. 5. After you have finished voting, place your Ballot Card in the Ballot Security Envelope. 6. Place the Ballot Security Envelope containing your voted ballot punchcard INSIDE THE PRE -ADDRESSED MAILING ENVELOPE. 7. Put a first-class stamp on the envelope and mail it so it is Postmarked no later han thg dayof the ! i n. The ballot will be counted if it is postmarked not later than election day and if it is received by the county auditor not later than the tenth day following any special election or primary, or the fifteenth day following a general election. 8. If you spoil your ballot or wish to change you vote, use the BALLOT GUIDE and with a pen make your selections. Return it in the Ballot Security Envelope instead of the ballot card. 9. If you have anyquestions about these instructions, please call the Auditor's Off ice t: ! 7 -6742 or -1 1 . STYLE #3 ABG-Whalcom General Election Page 101 Novmber 5, 1996 Whatcom County, Washington STATE MEASURES PROPOSED BY INITIATIVE PETITION TO THE PEOPLE INIT. 655 INITIATIVE TO THE PEOPLE 655 YES - 3 Shall it be a gross misdemeanor to take, hunt, or attract black bears with bait, or to hunt bears, INIT. 655 cougars, bobcat or lynx with dogs? NO-5 4 PROPOSED BY INITIATIVE PETITION TO THE PEOPLE INIT. 670 INITIATIVE TO THE PEOPLE 670 YES - 8 4 Shall the secretary of state be instructed to INIT, 670 place a ballot notice concerning congressional and legislative candidates who have not NO - 10 4 supported Congressional term limits? PROPOSED BY INITIATIVE PETITION TO THE PEOPLE INIT. 671 INITIATIVE TO THE PEOPLE 671 YES -13 4 Shall amended tribal/state agreements be INIT. 671 authorized permitting limited electronic gaming on Indian lands for tribal government purposes, with NO - 15 4 joint regulation and specified use of revenues? PROPOSED BY INITIATIVE PETITION TO THE LEGISLATURE INIT. 173 INITIATIVE TO THE LEGISLATURE 173 YES - 18 4 Shall the state pay scholarship vouchers for primary and secondary students to attend voucher -redeeming private or public schools of INIT. 173 NO - 20 4 choice? PROPOSED BY INITIATIVE PETITION TO THE LEGISLATURE INITIATIVE TO THE LEGISLATURE 177 INIT.177 Shall voters be authorized to create "renewed" YES - 23 4 school districts where nonprofit organizations may operate publicly -funded "independent" INIT.177 public schools with parental choice and revised NO - 25 state regulation? TURN PAGE TO CONTINUE VOTING 0 General Election Page 201 November 5, 1996 Whatcom County, Washington WHATCOM COUNTY MEASURES Advisory — Proposition No.1 CONSERVATION FUTURES LEVY BALLOT QUESTIONS Should Whatcom County continue to levy a tax of no more than $0.0625 (six and one -quarter cents) per one thousand dollars of assessed valuation to fund a reserve Advisory, YES - 31 4 from which to finance purchases of property or property rights for conservation purposes? Advisory, NO - 33 � PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES 4 YEAR TERM - VOTE FOR ONE BILL CLINTON and AL GORE DEMOCRATIC PARTY 36 4 BOB DOLE and JACK KEMP REPUBLICAN PARTY 37 4 RALPH NADER and WINONA LaDUKE INDEPENDENT CANDIDATES 38 4 ROSS PtROT and PAT CHOATE REFORM PARTY 39 4 MONICA GAIL MOOREHEAD and GLORIA LaRIVA WORKERS WORLD PARTY 40 4 CHARLES E. COLLINS and ROSEMARY GIUMARRA INDEPENDENT CANDIDATES 41 4 HOWARD PHILLIPS and HERBERT W. TITUS U. S. TAXPAYERS PARTY 42 4 JAMES E. HARRIS and LAURA GARZA SOCIALIST WORKERS PARTY 43 HARRY BROWNE and JO JORGENSEN LIBERTARIAN PARTY 44 JOHN HAGELIN and VINTON D. "MIKE" TOMPKINS NATURAL LAW PARTY 45 4 FEDERAL REPRESENTATIVE KEVIN QUIGLEY D 47 IN CONGRESS end CONG. DIST. JACK METCALF R 48 2 YEAR TERM Vote For One KAREN LEIBRANT NLP 49 General Election November 5, 1996 Page 301 Whatcom County, Washington STATE GOVERNOR GARY LOCKE D 55 4 YEAR TERM Vote For One ELLEN CRASWELL R 56 BRAD OWEN D 58 —� LIEUTENANT GOVERNOR ANN ANDERSON R 59 4 SHAWN NEWMAN REF 60 4 YEAR TERM Vote For One ART RATHJEN LBP 61 SECRETARY PHYLLIS KENNEY D 63 OF STATE RALPH MUNRO R 64 -� 4 YEAR TERM Vote For One GARY P. GILL NLP 65 STATE TREASURER MIKE MURPHY D 68 4 4 YEAR TERM LUCY DeYOUNG R 69 —� Vote For One STATE AUDITOR BRIAN SONNTAG D 72 —� 4 YEAR TERM ROBERT B. KEENE, JR. R 73 Vote For One TURN PAGE TO CONTINUE VOTING Ik General Election Page 401 November 5, 1996 Whatcom County, Washington STATE - CONTINUED CHRISTINE GREGOIRE D 80 ATTORNEY RICHARD POPE R 81 GENERAL 4 YEAR TERM RICHARD SHEPARD LBP 82 Vote For One LUANNE COACHMAN NLP 83 COMMISSIONER JENNIFER M. BELCHER D 85 OF PUBLIC LANDS BRUCE MACKEY R 86 —31� 4 YEAR TERM Vote For One MARC STRAUCH NLP 87 —341, SUPERINTENDENT OF PUBLIC INSTRUCTION TERESA "TERRY" BERGESON NP 90 4 YEAR TERM Vote For One RON TABER NP 91 4 INSURANCE DEBORAH SENN D 93 4 COMMISSIONER ANTHONY "TONY" LOWE R 94 4 4 YEAR TERM Vote For One STEVE SEVICK NLP 95 General Election Page 501 November 5, 1996 Whatcom County, Washington LEGISLATIVE STATE GEORGIA ANNE GARDNER D 106 REPRESENTATIVE GENE GOLDSMITH R 107 4 42ND DISTRICT POSITION N0.1 2 YEAR TERM Vote For One LONNIE SCHANG NLP 108 4 STATE KELLI LINVILLE D 110 -� REPRESENTATIVE 42ND DISTRICT POSITION NO.2 KAREN FREDERICK R 111 JASMIN LIEPA NLP 112 4 V For Vootete FFor Onnee TURN PAGE TO CONTINUE VOTING 11� General Election Page 601 November 5, 1996 Whatcom County, Washington PUBLIC UTILITY DISTRICT NO. 1 COMMISSIONER DISTRICT NO. 1 NON -PARTISAN ROBERT E. EBRIGHT NP 133 4 6 YEAR TERM Vote For One ROBERT S. ANDERSEN NP 134 4 JUDGES OF THE SUPREME COURT POSITION NO. 1 6 YEAR TERM Vote For One BARBARA DURHAM NP 138 —.4 POSITION NO. 2 6 YEAR TERM Vote For One CHARLES Z. SMITH NP 140 —31� POSITION NO. 3 6 YEAR TERM CHARLES W. JOHNSON NP 142 4 Vote For One DOUGLAS J. SMITH NP 143 4 CITY OF BLAINE Special Election — Proposition No.1 Submitted by the City of Blaine (RESIDENTIAL STREET, SIDEWALK AND STORM DRAIN IMPROVEMENT LEVY) Shall the City of Blaine, to pay the costs of residential street, sidewalk and storm drain construction, increase its annual regular property tax levy for ten years by approximately $0.90 per thousand of assessed valuation and in 2006 reduce its regular property tax levy to the amount otherwise provided by law, to generate revenue for residential street, sidewalk and storm drain construction in 1997 through 2006, all as specified in Ordinance No. 96-2260? Levy, YES -167 -+ Levy, NO -169 4