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HomeMy WebLinkAbout1997 - City of Everson General Obligation Bond $375,000 Sept 16,1997 FailedWHATCOM COUNTY AUDITOR'S OFFICE OFFICIAL CANVASS OF THE SPECIAL ELECTION HELD TUESDAY, SEPTEMBER 16, 1997 IN THE CITY OF EVERSON, WHATCOM COUNTY, WASHINGTON FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY THE PROPOSITION FOR GENERAL OBLIGATION BONDS IN THE AMOUNT OF $375,000. 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 Eversa, �Vhatcom County, Washington held on the 16th day of Septembver, 1997 have in no wise been -altered by- additions or erasures, and that they are the same as when they were deposited in my x office. Whatcom Ca tr Auditor ISubscribed and sworn to before me this 26th day of September 1997. u. 4 1=r , r A' 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 Everson, Whatcom County, Washington on the 16th day of September, 1997 and the results were as follows: CITY OF EVERSON Special Election — Proposition No.1 GENERAL OBLIGATION BONDS — $375,000 To make certain improvements in the downtown area of Everson, including the undergrounding of electric power lines, shall the City of Everson issue general obligation bonds in the principal amount of $375,000, payable out of annual property tax levies in excess of regular property tax levies, maturing within a maximum of 10 years, as provided in Ordinance No. 524? Bonds YES - 22 —3� Bonds Number Persons Voting Last NO - 24 —31� General Election 675 40% Turnout 270 60% Yes Vote 162 BONDS, YES 192 58. 9% BONDS, NO 134 41. 1% FAILED: Lacked the 60% Yes vote The canvass having been completed this 26th day of September, 1997. WHATCOM COUNTY CANVASSING BOARD F County Aud' or u r County Legislative Authority County Deputy Prosecuting Attorney STATE OF WASHINGTON, ss Affidavit of Publication COUNTY OF WHATCOM, NOTICE OF SPECIAL ELECTION CITY OF EVERSON LVHATCOM COUNTY, WASHINGTON Se temper .1G, 1997 NOTIq IS HEREBY GIVEN that on Tuesday, September K 1997, a spe- cial election will be. held m the above -named City. for the submission to the qqualified electors of said Gity of the following prop- osiliion: CITY OF EVERSON PROPOSITION NO. I GENERAL OBLIGATION BONDS-$375,000 To make certain improve- ments in the downtown area of Everson, 'includingg the undergrounding of electric pover lines, shall the City of Everson issue $en I obligation bonds in the principal amount of. $375,000, payable out of annual property tax levies in excess of regular prop- eAy tax levies, aLUring within a maximinum of 10 years, as provided in Ordi- nance No. 524? BON D5 Yes'.BUNDS,Na.. The poling laces for all precincts w oily or par- tially within the distriet shall be as follows: PRECINCTS/POLLING PLACES Everson City 1,81F'ire Sta- tion. 101 E Main Street, Everson, Washington The polls for sucyn special election. shall be open from 7:00 am to 8:00 pin. Shirley Forslof Whatcom County Auditor and Ex-officio Supervisor of Elections (L8489) Jay Gottfried being first duly sworn on oath says: That (s)he is the Public Notices Clerk of The Bellingham Herald, a daily newspaper of general circulation in said county and state and of Federated Publications, Inc., a Dela- ware Corporation (publisher of said newspaper), and authorized to make this affidavit; that the legal notice entitled in the cause and court named on the attached copy which is a true and correct copy of the original (and hereinafter referred to as "Notice") was pub- lished in the regular and entire issue, and not in supplement, of each number of said newspaper published and circulated on the following dates, to wit: September 10, 1997 that for more than six months prior to the date of the first publica- tion of said Notice, at all times since, and now, the said "The Bell- ingham Herald" has been established, published and circulated in the English language continuously and continually as a daily newspaper in the city of Bellingham, Whatcom County, Washing- ton, the some being at all times printed either in whole or in part in an office maintained at said place of publication; that such news- paper has been approved as a legal newspaper by order of the Superior Court of Whatcom County, Washington; that the full amount of the fee charged for such publication is $ 42.50 Subscribed and sworn to before me this 12th day �eer 19 97 r PGzti„un�` +,�510Nx�E�/�wk. NpTARy NOT PUBLI in and o the State of Washington, P ``� res4g at Bellingham INS r9G pa ��i ll 1, %%%,9F W A5 G1-j� +— fa cpr WHATCOM COUNTY ` AUDITOR'S OFFICE f COUNTY COURTHOUSE P.O. Box 398 a�sh,Natoa Bellingham, WA 98227-0398 January 13, 1997 VALIDATION FIGURES FOR CITY ELECTIONS TO BE HELD IN 1997 WHATCOM COUNTY, WASHINGTON SHIRLEY FORSLOF AUDITOR TERRY HINZ, C.P.A. CHIEF DEPUTY The validation figures are based on the number of voters who voted in the city in the last general election held on November 5, 1996. Number of Persons 40% 60% District Voting Last General Turnout Yes Vote Bellingham 26,775 10,710 6,426 Blaine 1,231 492 295 Ferndale 2,593 1,037 622 Everson 675 270 162 Lynden 3,765 1,506 903 Nooksack 289 115 69 Sumas 340 136 81 DATES FOR POSSIBLE SPECIAL ELECTIONS FOR THE YEAR OF 1997: ELECTION DATE RESOLUTION DEADLINE TO OUR OFFICE February 4, 1997 December 20, 1996 March 11, 1997 January 24, 1997 April 22, 1997 March 7, 1997 May 20, 1997 - April 4, 1997 September 16, 1997 August 1, 1997 November 4, 1997 September 19, 1997 Shirley Forslof Whatcom Co ty 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 1pI+IVT) Fr SHIRLEY FORSCOF IVMATCOM COUNTY AUDITOR AUG ORDINANCE NO. 524 AN ORDINANCE providing for the submission to the qualified electors of the City of Everson at a general election to be held on September-16, 1997, of proposition authorizing the City to issue its general obligation bonds in the aggregate principal amount of not to exceed $375,000 or so much thereof as may be issued under the laws governing the indebtedness of cities, for the purpose of providing funds for public improvements in downtown Everson; and repealing Ordinance No. 521. WHEREAS, the best interests of the inhabitants of the City of Everson, Washington (the "City") requires the City to make certain improvements including the undergrounding of electric power lines in the Nooksack River Bridge area; and W'HER�FAS, to provide financing for the acquisition, construction and equipping of such facilities it is deemed necessary and advisable that the City issue and sell its unlimited tax levy general obligation bonds in the principal amount of not to exceed $375,000; and WI-1EREAS, the constitution and laws of the State of Washington provide that: the question r_)fwhether or not. the City may issue such bonds be submitted to the qualified electors of the City for their ratification or rejection; NOW, THEREFORE, THE CITY OF EVERSON, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council hereby finds that the best interests of the fl inhabitants of the City reauire the City to undertake certain public improvements, including the undergrounding of electric power lines in the Nooksack River Bridge area hereinafter described at the time or times and in the order and in the manner deemed most necessary and advisable by the Council, Section 2. Construction and Equipping of Improvements. The City shall acquire, constn,-ct and equip certain public improvements, including the undergrounding of electric power lines and the mak'ng of certain drainage improvements in the area near the Nooksack River Bridge. The estimated cost of these public improvements, including the cost of issuing and selling the bonds provided in this ordinance, is declared to be, as nearly as may be determined, the amount of $375,000. The costs of all necessary consulting services, inspection and testing, administrative expenses and other costs incurred in connection with the acquisition, construction, equipping and financing of such improvements shall be deemed a part of the cost thereof. The City Council shall determine the exact specifications for such improvements. If the City Council, by ordinance, shall determine that it has become impractical to acquire, construct or equip any portion of the improvements by reason of changed conditions, or costs substantially in excess of the amount of bond proceeds or tax levies estimated to be applied thereto, the City shall not be required to acquire, construct or equip such portions. If all of the improvements or acquisitions so described have been constructed or duly provided for, or found to be impractical, the City may apply the bond proceeds or any portion thereof to other public safety purposes or to the redemption of the bonds as the Council, by resolution and in its discretion, shall determine. Section 3. Authorization of Bonds. For the purpose of providing the funds necessary to pay the costs of the improvements, as authorized by Section 2 of this ordinance, the City shall issue and sell its general obligation bonds in the aggregate principal amount of not to, exceed $375,000. Such bonds shall be issued in an amount not exceeding the amount approved by the qualified electors of the City or exceeding the amount permitted by the constitution and laws of the State of Washington. The balance, if any, of the cost of such improvements shall be paid out of any money which the City now has or may later have on hand which is legally available for such purposes. The bonds to be issued shall be issued in such amounts and at such time or times as found necessary and advisable by the City Council. The bonds may be issued in one or more series and shall bear interest payable at a rate or rates not to exceed a maximum rate authorized by the City Council. The bonds shall mature in such amounts and at such times within a maximum term of 10 years from date of issue, but may mature at an earlier date or dates as authorized by the City Council and as provided by law. The exact date, form, terms, options of redemption, maturities -2- CM W 2RM. DOC 97/07/31 and conditions of sale of the bonds shall be as hereafter fixed by ordinance or ordinances of the City Council passed for such purpose. The bonds shall be general obligations of the City and, unless paid from other sources, both principal of and interest on the 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. After voter approval of the bond proposition and in anticipation of the issuance of such bonds, the City may issue short-term obligations as authorized by Chapter 39.50 RCW. Section 4. Bond Election. It is hereby found and declared that an emergency exists requiring the submission to the qualified electors of the City of proposition authorizing the City to issue bonds for the purposes of acquiring, constructing and equipping the improvements described in Section 2, at an election to be held on the 16th day of September, 1997. The Whatcom County Auditor as ex officio supervisor of elections is hereby requested to find the existence of such emergency and to assume jurisdiction of and to call and conduct said general election to be held within the City and to submit to the qualified electors of the City the proposition hereinafter set forth. The City Clerk is hereby authorized and directed, not less than 45 days prior to September 16, 1997, to certify the following proposition to the Whatcom County Auditor in substantially the following form: CITY OF EVERSON PROPOSITION NO. 1 GENERAL OBLIGATION BONDS - $375,000 To make certain improvements in the downtown area of Everson, including the undergrounding of electric power lines, shall the City of Everson issue general obligation bonds in the principal amount of $375,000, payable out of annual property tax levies in excess of regular property tax levies, maturing within a maximum of 10 years, as provided in Ordinance No. 5249 BONDS, YES ...................... BONDS, NO ...................... '->' CMW2RM DOC 97/07/31 The polls for such general election shall be open from 7:00 a.m. to 8:00 p.m. Certification of such proposition by the Clerk of the City to the Whatcom County Auditor, in accordance with law, prior to the date of such election on September 16, 1997, and any other act consistent with the authority and prior to the effective date of this ordinance, are hereby ratified and confirmed. Section 5. Severability. In the event any one or more of the provisions of this ordinance shall for any reason be held to be invalid, such invalidity shall not affect or invalidate any other provision of this ordinance or the bonds, but this ordinance and the bonds shall be construed and enforced as if such invalid provision had not been contained herein; provided, that any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law. Section 6. Repealer. Ordinance No. 521 of thee City, passed on July 8, 1997 is hereby repealed and rescinded in its entirety. -4- C MW 2RM. DOC 97/07/31 Section_7, Effective Date, This ordinance shall become effective five days after its passage and publication, PASSED by the Council of the City of Everson, Washington, at a meeting thereof, held this 31 st day of July, 1997, ATTEST: City Clerk APPROVED AS TO FORM; City Attorney Bond Counsel CITY OF EVERSON, WASHP_vGTON By /r Mayor 5 MN21W.DDG 9V37/31 CERTIFICATE I, the undersigned, Clerk of the City of Everson; Washington (the "City"), and keeper of the records of the City Council (herein called the "Council"), DO HEREBY CERTIFY: 1, That the attached ordinance is a true and correct copy of Ordinance No. 524 of the Council (herein called the "Ordinance"), duly passed at a meeting thereof held on the 31 st day of July, 1997. 2. That said meeting was duly convened and held in all respects in accordance with lave, and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum was present throuDbout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of said Ordinance; that all other requirements and proceedings incident to the proper passage of said Ordinance have been duly fulfilled, carried out and otherwise observed; and that I am authorized to execute this certificate, TN VVITNEs5 WI-IEREOF_ I have hereunto set my hand and affixed the official seal of the City this 31 st day of July_ 1997. �, i City Clerk CMW2RM DCC 97107131 c CITY OF EVERSON OFFICIAL BALLOT GENERAL OBLIGATION BONDS September 16, 1997 INSTRUCTION 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 GENERAL OBLIGATION BONDS - $375,000 To make certain improvements in the downtown area of Everson, including the undergrounding of electric power lines, shall the City of Everson issue general obligation bonds in the principal amount of $375,000, payable out of annual property tax levies in excess of regular property tax levies, maturing within a maximum of 10 years, as provided in Ordinance No. 524" BONDS, YES....................._[7 BONDS, NO ......... ...._.......... [7 CMW2RM DOC 97/07/31 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 general elections for cities within the County; and and WHEREAS, the City of Everson lies entirely within the boundaries of Whatcom County; WHEREAS, the City Council of said City by ordinance passed July 31, 1997, a certified copy of which has been delivered to the undersigned, has found that an emergency exists requiring the holding of a general election on September 16, 1997, and WHEREAS, said City by said ordinance has authorized and directed the undersigned to assume jurisdiction of and conduct said general election. NOW, THEREFORE, is authorized and ordered as follows: The undersigned concurs in the finding of an emergency and does hereby assume jurisdiction of the above -mentioned general election of the City of Everson, authorized and ordered by an ordinance of its City Council passed on July 31, 1997, and will conduct said general election to be held September 16, 1997. DATED thiy4r day of 1997. Wha om County Audi V :. A. y. CMW2RM DOC 97/07/31 NOTICE OF GENERAL ELECTION CITY OF EVERSON GENERAL OBLIGATION BONDS September 16, 1997 NOTICE IS HEREBY GIVEN that on Tuesday, September 16, 1997, a general election will be held in the above -named city for the submission to the qualified electors of said city of the following proposition: PROPOSITION NO. 1 GENERAL OBLIGATION BONDS - $375,000 To make certain improvements in the downtown area of Everson, including the undergrounding of electric power lines, shall the City of Everson issue general obligation bonds in the principal amount of $375,000, payable out of annual property tax levies in excess of regular property tax levies, maturing within a maximum of 10 years, as provided in Ordinance No. 524" BONDS, YES......................[7 BONDS, NO........................� The general election shall be held at the regular polling places in each precinct within the City at the following addresses: I Precincts Polling Places Said polling places shall be open from 7:00 o'clock a.m. to 8:00 o'clock p.m. Whatcom County Auditor CMW2RM DOC 97/07/31 d6im a. cwoww (Keith A. Bode, Inc., P.S.C.) 0'Qt 24n4 at zww 314 Fifth Street Post Office Box 688 Lynden, WA 98264-0688 August 5, 1997 Ms. Shirley Forslof Whatcom County Auditor 311 Grand Avenue Bellingham, WA 98225 Re: City of Everson G.O. Bond Election Dear Ms. Forslof. Tel. (360) •354-5021 FAX (360) 354-4855 E-mail kbodeesq@lyncs.com Enclosed per your request please find a signature page to City of Everson Ordinance No. 524 bearing Keith A. Bode's original signature. Thank you for your patience and cooperation in this matter. /cfp enc. (1) cc: City of Everson K:\WORK\MUNI\EVERSON\FORSLOF.LTI Very Truly Yours, KEITH A. BODE, INC., P.S.C. 6,1� Rt� Carleen Polinder Assistant to Keith A. Bode Everson City Attorney Printed on Recycled Paper 5ection 7. ETective Date. This ordinance sball become effective five days after its passage and publication. PASSED by the Council of the City of Everson, Washington, at a meeting thereof, beld this 31 st day of July, 1997. ATTEST: City Clerk APPRO 0 FORM: r� City Attorney Bond Counsel CITY OF EVERSON, WASHINGTON By Mayor -5- CMVrIw.Dw osioro, ae8 'gfm 0. Ms. Shirley Forsloff�� Whatcom County Auditor 311 Grand Avenue Bellingham, WA 98225 PLEASE DELIVER ASAP!! LAKE—CUSHMAN—MAINT.CO. 426 6928 P.02 3 L —97 T MU 1 fa z 23 c rftaXW, This oedinsaee sbsfi bs Oma affec�ve five days &fiat itii 945"m avA publicstloa p SSF D by the Council of the CAts of vtrsou' WobirLgtoo. et s a icy$ thaw, bd this 31 A day of July, 1997, B Cr, Y OF E%TILSog WASkM,`GTV a A —, Z8T; Ck Cia3c APP "V,o TO itv Att�rney _. leC.C'tIVL� "A CO Mi�Y FOR$LOF Bond Ccrurtsel c�'cf''�ry ,gUp�'OR i Iggy ' 1:0� Dix Pow -S• v LAKE-CUSHMAN-MAINT.CO. 426 6928 P.02 .JIUt--1 1 -97 THU 1 $ : 23 A 7 ��r, This ordlnr ft ;bO WQMC '*lfeC�ve fzv& days a0.t tt% PssKgc ayd pubhcsliaa PASSIM by the COUWZ of the City, of Bversoho wmbingtoo. At li n ixi$ thereof, bell this 's i st day of duly, 097. ANT EST-, Chy Clak AY?RgVMZM TO TO ' �.� itu ltt��rney woad C� Cl-,Y CF V TILSON, WAUMM T011, -S• Wk4Co Fol?sL Ov offoo 11997 NOTICE OF SPECIAL ELECTION CITY OF EVERSON WHATCOM COUNTY, WASHINGTON September 16,1997 NOTICE IS HEREBY GIVEN that on Tuesday, September 16, 1997, a special election will be held in the above -named City, for the submission to the qualified electors of said City of the following proposition: CITY OF EVERSON PROPOSITION NO. 1 GENERAL OBLIGATION BONDS - $375,000 To make certain improvements in the downtown area of Everson, including the undergrounding of electric power lines, shall the City of Everson issue general obligation bonds in the principal amount of $375,000, payable out of annual property tax levies in excess of regular property tax levies, maturing within a maximum of 10 years, as provided in Ordinance No. 524? BONDS, YES ..... / / BONDS, NO. ..... / / The polling places for all precincts wholly or partially within the district shall be as follows: PRECINCTS POLLING PLACES Everson City 1, 2 Fire Station, 101 E Main Street, Everson, Washington The polls for such special election shall be open from 7:00 am to 8:00 pm. Shirley ForsloV Whatcom County Auditor and Ex-officio Supervisor of Elections Publish: September 10, 1997 A�`ltECEIYED SHIRLEY FORSLOF MHiATCOM COUNTY AUDITOR ORDINANCE NO. 524 AN ORDINANCE providing for the submission to the qualified electors of the City of Everson at a general election to be held on September 16., 1997, of proposition authorizing the City to issue its general obligation bonds in the agZD gregate principal amount of not to exceed $375,000 or so much thereof as may be issued under the laws governing the indebtedness of cities, for the purpose of providing funds for public improvements in downtown Everson; and repealing Ordinance No. 521. WHEREAS, the best interests of the inhabitants of the City of Everson, Washington (the "City") requires the City to make certain improvements including the undergrounding of electric power lines in the Nooksack River Bridge area; and WHEREAS, to provide financing for the acquisition, construction and equipping of such facilities it is deemed necessary and advisable that the City issue and sell its unlimited tax levy general obligation bonds in the principal amount of not to exceed $375,000; and WHEREAS, the constitution and laws ' of the State of Washington provide that the question of whether or not the City may issue such bonds be submitted to the qualified electors of the City f'or their ratification or rejection; NOW, THEREFORE, THE CITY OF EVERSON, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council hereby finds that the best interests of the inhabitants of the City require the City to undertake certain public improvements., including the undergrounding of electric power lines in the Nooksack River Bridge area hereinafter described at the time or times and in the order and in the manner deemed most necessary and advisable by the Council. Section 2. Construction and Eq_uipging of Improvements. The City shall acquire, construct and equip certain public improvements, including the undergrounding of electric power lines and the making of certain drainage improvements in the area near the Nooksack River Bridge. The estimated cost of these public improvements, including the cost of issuing and selling the bonds provided in this ordinance, is declared to be, as nearly as may be determined, the amount of $375,000. The costs of all necessary consulting services, inspection and testing, administrative expenses and other costs incurred in connection with the acquisition, construction, equipping and financing of such improvements shall be deemed a part of the cost thereof. The City Council shall determine the exact specifications for such improvements. If the City Council, by ordinance, shall determine that it has become impractical to acquire, construct or equip any portion of the improvements by reason of changed conditions, or costs substantially in excess of the amount of bond proceeds or tax levies estimated to be applied thereto, the City shall not be required to acquire, construct or equip such portions. If all of the improvements or acquisitions so described have been constructed or duly provided for, or found to be impractical, the City may apply the bond proceeds or any portion thereof to other public safety purposes or to the redemption of the bonds as the Council, by resolution and in its discretion, shall determine. Section 3. Authorization of Bonds. For the purpose of providing the funds necessary to pay the costs of the improvements, as authorized by Section 2 of this ordinance, the City shall issue and sell its general obligation bonds in the aggregate principal amount of not to exceed $375,000. Such bonds shall be issued in an amount not exceeding the amount approved by the qualified electors of the City or exceeding the amount permitted by the constitution and laws of the State of Washington. The balance, if any, of the cost of such improvements shall be paid out of any money which the City now l as or may later have on hand which is legally available for such purposes. The bonds to be issued shall be issued in such amounts and at such time or times as found necessary and advisable by the City Council. The bonds may be issued in one or more series and shall bear interest payable at a rate or rates not to exceed a maximum rate authorized by the City Council. The bonds shall mature in such amounts and at such times within a maximum term of 10 years from date of issue, but may mature at an earlier date or dates as authorized by the City Council and as provided by law. The exact date, form, terms, options of redemption, maturities -I?- CMW 2R M, DOC 97/07/31 and conditions of sale of the bonds shall be as hereafter fixed by ordinance or ordinances of the City Council passed for such purpose. The bonds shall be general obligations of the City and, unless paid from other sources, both principal of and interest on the 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. After voter approval of the bond proposition and in anticipation of the issuance of such bonds, the City may issue short-term obligations as authorized by Chapter 39.50 RCW. Section 4. Bond Election. It is hereby found and declared that an emergency exists requiring the submission to the qualified electors of the City of proposition authorizing the City to issue bonds for the purposes of acquiring, constructing and equipping the improvements described in Section 2, at an election to be held on the 16th day of September, 1997. The Whatcom County Auditor as ex officio supervisor of elections is hereby requested to find the existence of such emergency and to assume jurisdiction of and to call and conduct said general election to be held within the City and to submit to the qualified electors of the City the proposition hereinafter set forth. The City Clerk is hereby authorized and directed, not less than 45 days prior to September 16, 1997, to certify the following proposition to the Whatcom County Auditor in substantially the following form: CITY OF EVERSON C PROPOSITION NO. 1 GENERAL OBLIGATION BONDS - $375,000 To make certain improvements in the downtown area of Everson, including the undergrounding of electric power lines, shall the City of Everson issue general obligation bonds in the principal amount of $375,000, payable out of annual property tax levies in excess of regular property tax levies, maturing within a maximum of 10 years, as provided in Ordinance No. 524? BONDS, YES ....................... BONDS, NO..........................[7 -3- CMW2RM.DOC 97/07131 The polls for such general election shall be open from 7:00 a.m. to 8:00 p.m. Certification of such proposition by the Clerk of the City to the Whatcom County Auditor, in accordance with law, prior to the date of such election on September 16, 1997, and any other act consistent with the authority and prior to the effective date of this ordinance, are hereby ratified and confirmed. Section 5. Severability. In the event any one or more of the provisions of this ordinance shall for any reason be held to be invalid, such invalidity shall not affect or invalidate any other provision of this ordinance or the bonds, but this ordinance and the bonds shall be construed and enforced as if such invalid provision had not been contained herein; provided, that any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law. Section 6. Repealer. Ordinance No. 521 of thee City, passed on July 8, 1997 is hereby repealed and rescinded in its entirety. C -4- CMW2RM DOC 97/07/31 Section 7, Effective Date. This ordinance shall become effective five days after its passage and publication. PASSED by the Council of the City of Everson, Washington, at a meeting thereof, held this 31 st day of July, 1997. ATTEST City Clerk APPROVED AS TO FORM, City Attorney Bond Counsel CITY OF EVERSON, WASHINGTON By Mayor r -5- CMwVkM ooc e7107131 CERTIFICATE I, the undersigned, Clerk of the City of Everson, Washington (the "City"), and keeper of the records of the City Council (herein called the "Council"), DO HEREBY CERTEFY: 1. That the attached ordinance is a true and correct copy of Ordinance No. 524 of the Council (herein called the "Ordinance"), duly passed at a meeting thereof held on the 31 st day of July, 1997. 2. That said meeting was duly convened and held in all respects in accordance with law. and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of said Ordinance; that all othert) requirements and proceedings incident to the proper passage of said Ordinance have been duly fulfilled, carried out and otherwise observed; and that I am authorized to execute this certificate. TN WITNESS WHEREOF_ I have hereunto set my hand and affixed the official seal of the City this 31 st day of July_ 1997. City Clerk CMw2RM.QCC �MOTrai r. CITY OF EVERSON FFICIAL BALLOT GENERAL OBLIGATION BONDS September 16, 1997 INSTRUCTION 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 GENERAL OBLIGATION BONDS - $375,000 To make certain improvements in the downtown area of Everson, including the undergrounding of electric power lines, shall the City of Everson issue general obligation bonds in the principal amount of $375,000, payable out of annual property tax levies in excess of regular property tax levies, maturing within a maximum of 10 years, as provided in Ordinance No. 5249 BONDS, YES.... ....... :............ EJ BONDS, NO ......................... CMW2RM DOC 97/07/31 NOTICE OF GENERAL ELECTION CITY OF EVERSON GENERAL OBLIGATION BONDS September 16, 1997 NOTICE IS HEREBY GIVEN that on Tuesday, September 16, 1997, a general election will be held in the above -named city for the submission to the qualified electors of said city of the following proposition: PROPOSITION NO. 1 GENERAL OBLIGATION BONDS - $375,000 To make certain improvements in the downtown area of Everson, including the undergrounding of electric power lines, shall the City of Everson issue general obligation bonds in the principal amount of $375,000, payable out of annual property tax levies in excess of regular property tax levies, maturing within a maximum of 10 years, as provided in Ordinance No. 524`.' BONDS, YES.... ..... ........... = BONDS, NO ............. ........= The general election shall be held at the regular polling places in each precinct within the City at the following ad&esses: Precincts Polling Places Said polling places shall be open from 7:00 o'clock a.m. to 8:00 o'clock p.m. Whatcom County Auditor CMW2RM DOC 97/07/31 OFFICE OF THE COUNTY AUDITOR M WHATCOM COUNTY, WASFUNGTON WHEREAS, the undersigned as the duly elected, qualified and acting Auditor of Whatcom County, Washington has jurisdiction of and is required by law to conduct all general elections for cities within the County; and and WHEREAS, the City of Everson lies entirely within the boundaries of Whatcom County; WHEREAS, the City Council of said City by ordinance passed July 31, 1997, a certified copy of which has been delivered to the undersigned, has found that an emergency exists requiring the holding of a general election on September 16, 1997; and WHEREAS, said City by said ordinance has authorized and directed the undersigned to assume jurisdiction of and conduct said general election. NOW, THEREFORE, is authorized and ordered as follows: The undersigned concurs in the finding of an emergency and does hereby assume jurisdiction of the above -mentioned general election of the City of Everson, authorized and ordered by an ordinance of its City Council passed on July 31, 1997, and will conduct said general election to be held September 16, 1997. DATED this, day of , 1997. �.r T1 Wllat m County Auditor CMW2RM DOC 97/07/31 Y— 9 7 T H U ` RN —MA I NT. CO. 1 Ea : 3 426 6928 P.02 A2010L 1. E$r mL%,e gate, This ordlnsnce ; 1 eor a �[fec�we Eve days 81.t its ptsv--p a-nd pubhestiao, PASSED by the CouwZ of the City of avorsob, Wmbir4too, it & n etitig thaeo ,bets thi3 s I st day of July, 1997. AT" EM City Clak APP V xo 70 -city Astemq Bond Coumal Cz;"Y OF E'MSON, WASIMT OPDVII hLyor iNHATCc SHIRLEY t;DRSL0 DtjmTy AUDITOR Au -S+ .3I0awpx lf?fcw ROUTER LE: C14\4 Of f Se n C O i�rJ DATE FUNCTION �-aq.g7 RECEIVED TO PROSECUTOR'S OFFICE FROM PROSECUTOR'S OFFICE ELECTION SUPERVISOR fi BALLOT LAYOUT G Y PROOF LAYOUT PUBLISHED NOTICE CERTIFICATION DISTRICT SECRETARY TREASURER'S OFFICE ASSESSOR'S OFFICE CITY OF EVERSON OFFICIAL BALLOT GENERAL OBLIGATION BONDS September 16, 1997 INSTRUCTION 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 GENERAL OBLIGATION BONDS - $200,000 C� =-� To make certain improvements in the downtown area of Everson, including the undergrounding of electric power lines, shall the City of Everson issue general obligation bonds in �J the principal amount of $200,000, payable out of annual property tax levies in excess of regular v property tax levies, maturing within a maximum of 10 years, as provided in Ordinance No. 521? BONDS, YES ................. - J7 BONDS, NO.-- ...... --- ... 1.= CA Q14, �a NMNOST.DOC 97/07/08 SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR � 9. .. ;�Ul. 2 9 190 ORDINANCE NO. 521 '&AN ORDINANCE providing for the submission to the qualified electors of the 7�� a e� City of Everson at a general election to be held on September 16, 1997, of proposition authorizing the City to issue its general obligation bonds in the 1N �` aggregate principal amount of not to exceed $200,000 or so much thereof as may be issued under the laws governing the indebtedness of cities, for the purpose of providing funds for public improvements in downtown Everson. ` ► WHEREAS, the best interests of the inhabitants of the City of Everson, Washington (the "City") requires the City to make certain improvements including the undergrounding of electric power lines in the Nooksack River Bridge area; and WHEREAS, to provide financing for the acquisition, construction and equipping of such facilities it is deemed necessary and advisable that the City issue and sell its unlimited tax levy general obligation bonds in the principal amount of not to exceed $200,000; and WHEREAS, the constitution and laws of the State of Washington provide that the Oquestion of whether or not the City may issue such bonds be submitted to the qualified electors of the City for their ratification or rejection; NOW, THEREFORE, THE CITY OF EVERSON, WASBINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council hereby finds that the best interests of the inhabitants of the City require the City to undertake certain public improvements, including the undergrounding of electric power lines in the Nooksack River Bridge area hereinafter described at the time or times and in the order and in the manner deemed most necessary and advisable by the Council. Section 2. Construction and Equipping of Improvements. The City shall acquire, construct and equip certain public improvements, including the undergrounding of electric power lines and the making of certain drainage improvements in the area near the Nooksack River Bridge. The estimated cost of these public improvements, including the cost of issuing and selling the bonds provided in this ordinance, is declared to be, as nearly as may be determined, the amount of $200,000. The costs of all necessary consulting services, inspection and testing, administrative expenses and other costs incurred in connection with the acquisition, construction, equipping and financing of such improvements shall be deemed a part of the cost thereof. The City Council shall determine the exact specifications for such improvements. If the City Council, by ordinance, shall determine that it has become impractical to acquire, construct or equip any portion of the improvements by reason of changed conditions, or costs substantially in excess of the amount of bond proceeds or tax levies estimated to be applied thereto, the City shall not be required to acquire, construct or equip such portions. If all of the improvements or acquisitions so described have been constructed or duly provided for, or found to be impractical, the City may apply the bond proceeds or any portion thereof to other public safety purposes or to the redemption of the bonds as the Council, by resolution and in its discretion, shall determine. Section 3. Authorization of Bonds. For the purpose of providing the funds necessary to pay the costs of the improvements, as authorized by Section 2 of this ordinance, the City shall issue and sell its general obligation bonds in the aggregate principal amount of not to exceed $200,000. Such bonds shall be issued in an amount not exceeding the amount approved by the qualified electors of the City or exceeding the amount permitted by the constitution and laws of the State of Washington. The balance, if any, of the cost of such improvements shall be paid out of any money which the City now has or may later have on hand which is legally available for such purposes. The bonds to be issued shall be issued in such amounts and at such time or times as found necessary and advisable by the City Council. The bonds may be issued in one or more series and shall bear interest payable at a rate or rates not to exceed a maximum rate authorized by the City Council. The bonds shall mature in such amounts and at such times within a maximum term of 10 years from date of issue, but may mature at an earlier date or dates as authorized by the City Council and as provided by law. The exact date, form, terms, options of redemption, maturities -2- NMNOST.DOC 97f07M and conditions of sale of the bonds shall be as hereafter fixed by ordinance or ordinances of the City Council passed for such purpose. The bonds shall be general obligations of the City and, unless paid from other sources, both principal of and interest on the 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. After voter approval of the bond proposition and in anticipation of the issuance of such bonds, the City may issue short-term obligations as authorized by Chapter 39.50 RCW. Section 4. Bond Election. It is hereby found and declared that an emergency exists requiring the submission to the qualified electors of the City of proposition authorizing the City to issue bonds for the purposes of acquiring, constructing and equipping the improvements described in Section 2, at an election to be held on the 16th day of September, 1997. The Whatcom County Auditor as ex officio supervisor of elections is hereby requested to find the existence of such emergency and to assume jurisdiction of and to call and conduct said general election to be held within the City and to submit to the qualified electors of the City the proposition hereinafter set forth. The City Clerk is hereby authorized and directed, not less than 45 days prior to September 16, 1997, to certify the following proposition to the Whatcom County Auditor in substantially the following form: CITY OF EVERSON PROPOSITION NO. 1 GENERAL OBLIGATION BONDS - $200,000 To make certain improvements in the downtown area of Everson, including the undergrounding of electric power lines, shall the City of Everson issue general obligation bonds in the principal amount of $200,000, payable out of annual property tax levies in excess of regular property tax levies, maturing within a maximum of 10 years, as provided in Ordinance No. 521? BONDS, YES ...................... BONDS, NO ...... .............. ..F-1 -3- NMNOST.DOC 97rp7AM The polls for such general election shall be open from 7:00 a.m. to 8:00 p.m. Certification of such proposition by the Clerk of the City to the Whatcom County Auditor, in accordance with law, prior to the date of such election on September 16, 1997, and any other act consistent with the authority and prior to the effective date of this ordinance, are hereby ratified and confirmed. Section 5. Severability. In the event any one or more of the provisions of this ordinance shall for any reason be held to be invalid, such invalidity shall not affect or invalidate any other provision of this ordinance or the bonds, but this ordinance and the bonds shall be construed and enforced as if such invalid provision had not been contained herein; provided, that any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law. -4- NMNOST.DOC 97!1)7A78 I Section 6. Effective Date. This ordinance shall become effective five days after its passage and publication. PASSED by the Council of the City of Everson, Washington, at a regular meeting thereof, held this 8th day of July, 1997. ATTEST: City Clerk APPROVED AS TO FORM: 1,5� 1 04e� cd. twee City Attorney Bond Counsel CITY OF EVERSON, WASHINGTON ByJ Mayor -5- NMNOST.DOC 97/07/08 CERTIFICATE I, the undersigned, Clerk of the City of Everson, Washington (the "City"), and keeper of the records of the City Council (herein called the "Council"), DO HEREBY CERTIFY: 1. That the attached ordinance is a true and correct copy of Ordinance No. 521 of the Council (herein called the "Ordinance"), duly passed at a regular meeting thereof held on the 8th day of July, 1997. 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of said Ordinance; that all other requirements and proceedings incident to the proper passage of said Ordinance have been duly fulfilled, carried out and otherwise observed; and that I am authorized to execute this certificate. IN WITNESS WBEREOF, I have hereunto set my hand and affixed the official seal of the City this 8th day of July, 1997. City Clerk` NMNOST.DOC 97/07/08 NOTICE OF GENERAL ELECTION CITY OF EVERSON GENERAL OBLIGATION BONDS September 16, 1997 NOTICE IS HEREBY GIVEN that on Tuesday, September 16, 1997, a general election will be held in the above -named city for the submission to the qualified electors of said city of the following proposition: PROPOSITION NO. 1 GENERAL OBLIGATION BONDS - $200,000 r To make certain improvements in the downtown area of Everson, including the undergrounding of electric power lines, shall the City of Everson issue general obligation bonds in the principal amount of $200,000, payable out of annual property tax levies in excess of regular property tax levies, maturing within a maximum of 10 years, as provided in Ordinance No. 521? V BONDS, YES ...................... BONDS, NO......... .............. f7 The general election shall be held at the regular polling places in each precinct within the City at the following addresses: Precincts Polling Places Said polling places shall be open from 7:00 o'clock a.m. to 8:00 o'clock p.m. Whatcom County Auditor NMNOST.DOC 97107/08 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 general elections for cities within the County; and WHEREAS, the City of Everson lies entirely within the boundaries of Whatcom County; and WHEREAS, the City Council of said City by ordinance passed July 8, 1997, a certified copy of which has been delivered to the undersigned, has found that an emergency exists requiring the holding of a general election on September 16, 1997; and OWHEREAS, said City by said ordinance has authorized and directed the undersigned to assume jurisdiction of and conduct said general election. NOW, THEREFORE, is authorized and ordered as follows: The undersigned concurs in the finding of an emergency and does hereby assume jurisdiction of the above -mentioned general election of the City of Everson, authorized and ordered by an ordinance of its City Council passed on July 8, 1997, and will conduct said general election to be held September 16, 1997. DATED this day of 1997. Whatcom County Auditor J:\CM1M17892-00.00Z0KN3WJ. DOC NMNOSr.DOC 97/07/08 WHATCOM COUNTY AUDITOR'S OFFICE OFFICIAL CANVASS OF THE SPECIAL ELECTION HELD TUESDAY, SEPTEMBER 16, 1997 IN THE CITY OF EVERSON, WHATCOM COUNTY, WASHINGTON FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY THE PROPOSITION FOR GENERAL OBLIGATION BONDS IN THE AMOUNT OF $375,000. 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 Everson, Whatcom County, Washington held on the 16th day of Septembver, 1997 have in no wise been altered by additions or erasures, and that they are the same as when they were deposited in my office. <E� Whatcom Co ty Auditor Subscribed and sworn to before me this 26th day of September 1997. 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 Everson, Whatcom County, Washington on the 16th day of September, 1997 and the results were as follows: CITY OF EVERSON Special Election — Proposition No.1 GENERAL OBLIGATION BONDS — $375,000 To make certain improvements in the downtown area of Everson, including the undergrounding of electric power lines, shall the City of Everson issue Bonds general obligation bonds in the principal amount of $375,000, payable out of annual property tax YES - 22 4 levies in excess of regular property tax levies, maturing within a maximum of 10 years, as Bonds provided in Ordinance No. 524? NO - 24 Number Persons Voting Last General Election 675 40% Turnout 270 60% Yes Vote 162 BONDS, YES 192 58. 9% BONDS, NO 134 41. 1% FAILED: Lacked the 60% Yes vote The canvass having been completed this 26th day of September, 1997, WHATCOM COUNTY CANVASSING BOARD County Aud' ❑r County Legislative Authority r County Deputy Prosecuting Attorney HOW TO VOTE Ballot Punchcard Punch chip completely out of Ballot Punchcard with a paper clip or similar device. >;�Ao VMV tm li 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 containingv_QUr voted ballot punchcard INSIDE THE PRE -ADDRESSED MAILING ENVELOPE. 7. Put a first-class stamp on the_enveiope and mail it so it is postmarked no later than the day of the election. 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 your 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 voij hog -any -questions about these instructions. please call the Auditor's Offi 7 742 1 i- STYLE #6 ABG-whatcom Primary Election Page 1 D September 16, 1997 Whatcom County, Washington WHATCOM COUNTY COUNCIL AT -LARGE 4 YEAR TERM NON -PARTISAN Vote For one ALLAN L. JENSEN NP 2 -� WARREN E. HANSON NP 34 CLARENCE A. BOB, SR. NP 4 MARLENE DAWSON NP 54 COUNCIL DIST.2 POSITION A 4 YEAR TERM NON -PARTISAN Vote For One CONNIE HOAG NP 10 4 RON LAGERWEY NP 11 WILLIAM A. (BILL) LaFRENIERE NP 12 4 RICHARD J. MANEVAL NP 13 4 CITY OF EVERSON Special Election - Proposition No.1 GENERAL OBLIGATION BONDS — $375,000 To make certain improvements in the downtown area of Everson, including the undergrounding of electric power lines, shall the City of Everson issue Bonds general obligation bonds in the principal amount of YES - 22 4 $375,000, payable out of annual property tax levies in excess of regular property tax levies, maturing within a maximum of 10 years, as Bonds provided in Ordinance No. 524? NO - 24 4 STYLE #6 PRIMARY ELECTION WHATCOM COUNTY, WASHINGTON SEPTEMBER 16, 1997 ABSENTEE BALLOT GUIDE The ballot which you have received is actually a data processing 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: • 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. Now that you have received your Absentee ballot, please use it instead of going to your poll site on election day. Absentee Voting Instructions are on the next page. READ ALL INSTRUCTIONS BEFORE VOTING OPEN THIS BALLOT GUIDE