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HomeMy WebLinkAbout2012 - City of Ferndale Proposed Sales and Use Tax for Transportation ImprovementsCITY OF FERNDALE PROPOSED SALES AND USE TAX FOR TRANSPORTATION IMPROVEMENTS Ballot Measure Submitted Checklist == Attach to front of folder Ballot Measure Submitted: Date Initial Notes a_ Submitted by: T i if Contact Phone #: If submitted by mail- 1� t / Email Address: obtains this info, r i ( Checks signed by Commissioners bt ti Date Stamps Submittal, Makes copy for filer If Document Calling for an election is included in the submittal, have Auditor or Deputy Auditor sign �l Fills out receipt & gives original to the filer; if submitted by mail returns on inal to submitter. Makes a copy for the Auditor File. With another staff member, confirms everything complete Creates folder (See Steps 6-9 in PROC) �) J /W G Election Clerk prepares letter to the Pros Atty with copy of measure and receipt (county & districts.only); gives folder to CDA for review, -30 - &U Gives copies of proposed measure to Auditor & Election Supervisor CDA routes folder to Auditor after review ,� / l Auditor signs letter and hand delivers packet to the Prosecuting Attorney Date stamps returned letter of approval from Pros Atty t 4171--l' Reviewed by Auditor; assigns number f w 6� Letter sent (certified mail) to submitter after Ballot approval; mails copies to any other re uestors. Completes Certificate of Mailing Set -Up in EIMS 3 I Ballot Layout Created / Completed After Election Copy of Canvass Report sent to submitter of ballot issue Obtain Receipt from Treasurer & Assessor of results f schg6l is end co of canvass report to Supt of Public nstr n (for M-t46 } 1 1APolicies & ProledureslElectionslp2_Pre-Electionl02_Filing - Ballot MeasuresTRM Ballot Measure CHECKLIST.docUpdated 07-19-2011 r a 9 G a T m v C w N O O v 0 3 C m 3 m b r Tj Ts K (D 7003 2260 0006 4276 4216 (O 0 C,D � O n CD CD ¢+ EI EI ~ CD O 3 CD UQ UQ CD (D 4- cr p O D C CD UQ o cr CD CD i >v CD Q+ 4' ■ i ' U.S. Postal ServiceTM CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No ?nWrance Covera9* Provided) nj 7003 2260 0006 4276 4223 Postage $ 0 - Certified Fee C3 O Return Reclept Fee �7 (Endorsement Required) —JS Postmark Here I'u Restricted l 01Wry Fee (Endorsement Required) r1J m' Total Postage & Fees C3 o Sarr, ra teY t-E d-- -- - ear, 4pf jja.: .......... or PO Box No. -•---------------- o mate -•-- °-- . 3 --••- - ----- ----- �O Z ■ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. ■ Print your name and address on the reverse. so that we can return the card to you. ■ Attach this card to the back of the mailpiede, or on the front if space permits. 1. Article Addressed to: ❑ Agent ❑ Addressee � B. Received by ( ) C. Date of Delivery i V1�;4rc�e, D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. 5ervlca Type � ©Certified Mail ❑ Express Mail v( . C3 ❑ Return Receipt for Merchandise ❑Insured Mail. ❑ C.O.D. I 4. Restricted Delivery? (Fzft Fee) ❑ Yes I 2. Article Number C (lYansfer from service label) too co / �Z3 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 WHATCOM COUNTY AUDITOR'S OFFICE OFFICIAL CANVASS of the Special Election held Tuesday, February 14, 2012, in Ferndale Transportation Benefit District, Whatcom County, Washington, for the purpose of submitting to the qualified electors of the district a proposition to authorize a sales and use tax of two tenths of one percent within the District for a term of ten years for transportation improvements. CERTIFICATION OF CANVASSING BOARD STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM THIS IS TO CERTIFY that we, as the Whatcom County Canvassing Board, have completed the canvass of votes as it pertains to the Special Election held in the precincts within the boundaries of Ferndale Transportation Benefit District, Whatcom County, Washington, on the 14th day of February 2012 and the results are as follows: CITY OF FERNDALE Proposition No.1 Ferndale Transportation Benefit District Ferndale, Washington Sales and Use Tax for Transportation Improvements The Board of Ferndale Transportation Benefit District, Ferndale, Washington, adopted Resolution No. 2011-01 concerning a sales and use lax to fund transportation improvements. This proposition would authorize a sales and use tax of two tenths of one percent (0.002) to be collected from all taxable retail sales within the District in accordance with RCW 82,14.0455 for a term of ten years for the purpose of paying or financing costs of the transportation improvement projects identified in the City of Ferndale Transportation Improvement Program (TIP): Should this proposition be approved? YES NO ACTUAL RESULTS: YES - 1,842 62.74% NO - 1,094 37.26% Proposition PASSED 62.74% The canvass has been completed this 28 th day of February 2012- WHATCOM COUNTY CANVASSING BOARD Whatcom County Auditor A Tc 0 '40, 00, CoUt4TY -County LergidativAuthority S T AT OF ,F �- I - - *V6-14ty-peosecuting Attorney C o n AT C 0 r, 0 U H TY S -f A -T Page 2 WHATCOM COUNTY AUDITOR'S OFFICE Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: 360-676-6740 FAX: 360-738-4556 Email: Auditor@co.whatcom.wa.us Internet: www-whatcomcounty.us/auditor January 5, 2012 Sam Taylor, City Clerk Ferndale Transportation City of Ferndale P O Box 936 Ferndale, WA 98248 �0 Co p't�1 Gy t r �98F1i1 KG't�� CORRECTED VERSION Benefit District Re: City of Ferndale - Proposed Sales and Use Tax for Transportation Improvements Debbie Adelstein COUNTY AUDITOR CERTIFIED MAIL The following is a true copy of the approved ballot title and headings as it will appear on the ballot for the February 14, 2012 special election: Proposition No. 1 Ferndale Transportation Benefit District Ferndale, Washington Sales and Use Tax for Transportation Improvement The Board of Ferndale Transportation Benefit District, Ferndale, Washington, adopted Resolution No. 2011-01 concerning a sales and use tax to fund transportation improvements. This proposition would authorize a sales and use tax of two tenths of one percent (0.002) to be collected from all taxable retail sales within the District in accordance with RCW 82.14.0455 for a term of ten years for the purpose of paying or financing costs of the transportation improvement projects identified in the City of Ferndale Transportation Improvement Program (TIP): Should this proposition be approved? Yes 400 -1 No 4- Al The notice of the exact language of the ballot title is being provided pursuant to RCW 29A.36.080. Sincerely, Debbie Adelstein Whatcom County Auditor (Yellow highlight reflects correction) Licensing Recording Licensing®co whatcomma.us Recording@comhatcornma.us 360-676-6740 360-676-6740 Elections Elections@co.whatcomma.us 360-676-6742 Administrative/Internal Audit TTY 360-676-6744 360-738-4555 WHATCOM COUNTY coDebbie Adelstein AUDITOR'S OFFICE "C'om G P. ti� COUNTY AUDITOR Whatcom County Courthouse- 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: 3 60-676-6740 FAX: 360-738-4556 Email: Auditor@co.whatcom.wa.us Internet: www.whatcomcounty.us/auditor January 4, 2012 CERTIFIED MAIL Sam Taylor, City Clerk Ferndale Transportation Benefit District City of Ferndale P O Box 936 Ferndale, WA 98248 Re: City of Ferndale - Proposed Sales and Use Tax for Transportation Improvements The following is a true copy of the approved ballot title and headings as it will appear on the ballot for the February 14, 2012 special election: Ferndale Transportation Benefit District Ferndale, Washington Sales and Use Tax for Transportation Improvement The Board of Ferndale Transportation Benefit District, Ferndale, Washington, adopted Resolution No. 2011-01 concerning a sales and use tax to fund transportation improvements. This proposition would authorize a sales and use tax of two tenths of one percent (0.002) to be collected from all taxable retail sales within the District in accordance with RCW 82.14.0455 for a term of ten years for the purpose of paying or financing costs of the transportation improvement projects identified in the City of Ferndale Transportation Improvement Program (TIP): Should this proposition be approved? Yes «- -4 No «- 04 The notice of the exact language of the ballot title is being provided pursuant to RCW 29A.36.080. Sincerely, Debbie Adelstein Whatcom County Auditor Licensing Recording Licensing@co.whatcornma.us Recording@co.whatcom.wa.us 360-676-6740 360-676-6740 Elections Elections@co.whatcomma.us 360-676-6742 Administrative/Internal Audit 360-676-6744 360-738-4555 FERNDALE TRANSPORTATION BENEFIT DISTRICT FERNDALE, WASHINGTON SALES AND USE TAX FOR TRANSPORTATION EWPROVEMENTS The Board of Ferndale Transportation Benefit District, Ferndale, Washington, adopted Resolution No. 2011-01 concerning a sales and use tax to fund transportation improvements. This proposition would authorize a sales and use tax of two tenths of one percent (0.002) to be collected from all taxable retail sales within the District in accordance with RCW 82.14.0455 for a term of ten years for the purpose of paying or financing costs of the followlng transportation improvement projects identified in the City of Ferndale Transportation Improvement Program (TIP): Should this proposition be approved? Yes? .............................................. ❑ No? ............................................... CERTIFICATE I, the undersigned, Secretary of the Ferndale Transportation Benefit District, Ferndale, Washington, and keeper of the records of the District, DO HEREBY CERTIFY: 1. That the attached resolution is a true and correct copy of Ferndale Transportation Benefit District Resolution No. 2011-01 (the "Resolution"), as finally adopted at a special meeting of the District held on December 28, 2011, and duly recorded in my office. 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 quorum of the Board of the District was present throughout the meeting and a legally sufficient number of members of the Board of the District voted in the proper manner for the adoption of said Resolution; that all other requirements and proceedings incident to the proper adoption or passage of said Resolution have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate. Dated this 28th day of December, 2011. Secretary FERNDALE TRANSPORTATION BENEFIT DISTRICT RESOLUTION NO.2011-01 A RESOLUTION OF THE BOARD OF THE FERNDALE TRANSPORTATION BENEFIT DISTRICT, FERNDALE, WASHINGTON, PROVIDING FOR A BALLOT PROPOSITION TO BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE DISTRICT ON FEBRUARY 14, 2012 TO IMPOSE A TWO -TENTHS OF ONE PERCENT (0.002) SALES AND USE TAX WITHIN THE DISTRICT FOR A PERIOD OF TEN YEARS TO FUND SPECIFIED TRANSPORTATION IMPROVEMENTS WHEREAS, the City of Ferndale (the "City") approved Ordinance No. 1686 on November 21, 2011, establishing the Ferndale Transportation Benefit District ("District") pursuant to RCW 36.73; and WHEREAS, the City's Six -Year (2012-2017) Transportation Improvement Program identifies projects that constitute transportation improvements that may be funded by the District, including Project #3 entitled "Thornton Road — Maureen to Vista", Project #6 entitled "Barrett Road — Roadway Repair Project", and Project #7 entitled "Pavement Rehabilitation Program" (collectively the TBD Projects"); and WHEREAS, on November 21, 2011, the City conducted a public hearing in accordance with RCW 36.73.050, after giving proper notice describing the TBD Projects to be funded by the District; and WHEREAS, with voter approval, the District may impose a sales and use tax upon the occurrence of any taxable event within the boundaries of the District to fund transportation improvements; and WHEREAS, the governing board of the TBD (the "Board") now desires to fund and implement the TBD Projects, through the imposition by the District of a two -tenths of one percent (0.002) sales and use tax in accordance with RCW 82.14.0455, consistent with RCW 36.73, upon voter approval thereof; and NOW THEREFORE, THE BOARD OF THE FERNDALE TRANSPORTATION BENEFIT DISTRICT, FERNDALE, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Findings, Description of the TBD Projects. The Board hereby finds that the best interests of the inhabitants of the District require the District to impose a sales and use tax of two -tenths of one percent (0.002) pursuant to RCW 36.73.040(3)(a) and RCW 82.14.0455 for the purpose of providing funds necessary to finance TBD Projects. The City's Six -Year (2012-2017) Transportation Improvement Program identifies projects that constitute transportation improvements that may be funded by the District, including Project #3 entitled "Thornton Road — Maureen to Vista", Project #6 entitled "Barrett Road — Roadway Repair Project", and Project #7 entitled "Pavement Rehabilitation Program." The cost of all necessary design, engineering, financial, legal and other consulting services, inspection and testing, administrative and relocation expenses and other costs incurred in connection with the foregoing TBD Projects shall be deemed a part of the cost of the TBD Projects. The Board shall determine the application of moneys available for the TBD Projects so as to accomplish, as nearly as may be, all the TBD Projects. In the event that the proceeds of sales and use taxes authorized herein, plus any other money of the District legally available therefore, are insufficient to accomplish all of the TBD Projects, the Board shall use the available funds for paying the cost of those portions of the TBD Projects deemed by the Board most necessary and in the best interest of the District. The Board shall determine the exact locations and specifications for the elements of the TBD Projects as well as the timing, order and manner of implementing or completing the TBD Projects. The Board may alter, make substitutions to and amend the TBD Project descriptions as it determines is in the best interests of the District consistent with the general descriptions provided above and in accordance with the material change policy adopted by the Board and the notice, hearing and other procedures described in RCW 36.73, including RCW 36.73.050(2)(b), in each case as the same may be amended from time to time. If the Board shall determine that it has become impractical to acquire, construct, or implement all or any portion of the TBD Projects by reason of changed conditions, incompatible development, costs substantially in excess of the amount of sales and use tax proceeds estimated to be available, or acquisition by a superior governmental authority, the Board shall not be required to acquire, construct, or implement such portions. If all of the TBD Projects have been acquired, constructed, implemented or duly provided for, or found to be impractical, the Board may apply the sales and use tax proceeds (including earnings thereon) or any portion thereof to other transportation improvements then identified in the City's Six -Year Transportation Improvement Program in accordance with the material change policy adopted by the Board and the notice, hearing and other procedures described in RCW 36.73, including RCW 36.73.050(2)(b), in each case as the same may be amended from time to time. Section 2. Proposition. It is hereby found and declared that the best interests of the District require the submission to the qualified electors of the District of the proposition whether the District shall impose a sales and use tax within the limitations established in RCW 82.14.0455 for their ratification or rejection at a special election to be held on February 14, 2012. For the purpose of providing funds necessary to pay or finance costs of the TBD Projects, the Whatcom County Auditor, as ex ofcio supervisor of elections in Whatcom County, Washington, is hereby requested to call and conduct such special election to be held within the District on such day and to submit to the qualified electors of the District for their approval or rejection, a proposition to impose a sales and use tax in the amount of two -tenths of one percent (0.002) of the selling price in the case of a sales tax, or value of the article used, in the case of the use tax. The tax is in addition to any other taxes authorized by law and shall be collected from those persons who are taxable by the state under RCW 82.08 and 82.12 upon the occurrence of any taxable event within the boundaries of the TBD, for a period of ten years. Upon approval of the voters of the proposition hereinafter set forth, the TBD may use proceeds of such sales and use tax for the purpose of paying or financing costs of the TBD Projects in accordance with the requirements of RCW 36.73. The City Clerk, serving as the Secretary of the Board, is hereby authorized and directed to certify said proposition to said official in the following form: 2 FERNDALE TRANSPORTATION BENEFIT DISTRICT FERNDALE, WASHINGTON SALES AND USE TAX FOR TRANSPORTATION EVIPROVEMENTS The Board of Ferndale Transportation Benefit District, Ferndale, Washington, adopted Resolution No. 2011-01 concerning a sales and use tax to fund transportation improvements. This proposition would authorize a sales and use tax of two tenths of one percent (0.002) to be collected from all taxable retail sales within the District in accordance with RCW 82.14.0455 for a term of ten years for the purpose of paying or financing costs of the following transportation improvement projects identified in the City of Ferndale Transportation Improvement Program (TIP): Should this proposition be approved? Yes? .............................................. ❑ No? ............................................... ❑ Section 3. Corrections. The City Clerk serving as the Secretary of the District is authorized to make necessary clerical corrections to this resolution including, but not limited to, the correction of scrivener's or clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. PASSED by the Board of the Ferndale Transportation Benefit District, Ferndale, Washington, at a regular open public meeting thereof held this 28`h day of December, 2011. FERNDALE TRANSPORTATION BENEFIT DISTRICT FERNDALE, WASHINGY7N ATTEST: V Secretary 3 APPROVED AS TO FO Attorney Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 360-676-6740 360-738-4556 FAX V�.___ /r 360-738-4555 TTY E-mail: auditor@co.whatcom.wa.us www.co.whatcom.wa.uslauditor BALLOT MEASURE RECEIPT Date Received: l ,�, r 0'?Lq-1 / Received From: 'Da-rn f D r— Name of Presenter 04ZLLA f Name of Organization Whatcom County Auditor's Office Election Division nor �i✓ ��� Address Phone Ballot Issue Name c-n Di 'Ff acGPD rc,,-,t t 6 n Zw_n P r-a v c mm +S The Auditor's Office, Election Division, acknowledges receipt of the above - named Proposition for inclusion in the reA), 14 Election. J9CC�_ �G?o C44_�_ Deputy Auditor I:\Policies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM RECEIPT for ballot measure.DOCAdopted 7/27/06 Ferndale Transportation Benefit District City Of Ferndale 2095 Main St. P.O. Box 936 i,et ichilO (360) 384-4302 December 28, 2011 Shirley Forslof Officer of the Whatcom County Auditor 311 Grand Avenue, Suite 103 Bellingham, WA 98225 RE: City of Ferndale — Proposed Sales and Use Tax for Transportation Improvements Dear Ms. Forslof: DEC '2011 A4to I hereby submit on behalf of the Ferndale Transportation Benefit District the attached copy of Ferndale Transportation Benefit District Resolution No. 2011-01 authorizing the submission of a ballot proposition to be submitted to the qualified electors of the district at the general election on February 14, 2011 to impose up to a two -tenths of one percent (0.002) sales and use tax within the district for a period of ten years to fund specified transportation improvements. The following proposed sales and use tax for transportation improvements ballot title was prepared by the City Attorney in accordance with RCW 29A.36.071. Please notify the City Clerk's Office if there are any questions about the wording of the ballot title. Thank you for your attention to this matter. If you have any questions, please. do not hesitate to call me. Sincerely, Sam Taylor Ferndale City Clerk & Community Information Officer