HomeMy WebLinkAbout2021 - City of Ferndale Prop 2021-6 Continuation & Extension of Sales and Use of Sales Tax for Transportation ImprovementsLaneuaee on the Ballot.
City of Ferndale, Washington
Proposition 2021-6
Renewal of Sales and Use Tax for Transportation Improvements
The Council of the City of Ferndale Washington, acting as the Board of the Ferndale Transportation
Benefit District, Ferndale, Washington, adopted Resolution #21-06-07-A, concerning a sales and use tax
to fund transportation improvements. This proposition would authorize the renewal of a sales and use
tax of two tenths of one percent (0.2%) 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?
O Yes
O No
Explanatory Statement_
Ferndale Transportation Benefit District Reauthorization Explanatory Statement
In 2012, by a measure of 62.7%, Ferndale voters approved a ballot proposition increasing the sales and
use tax two -tenths of one percent (0.2%) to fund transportation improvements. This tax was authorized
for a ten-year period, expiring in 2022. Ferndale voters are asked to renew the sales and use tax of two -
tenths of one percent (0.2%) for an additional ten-year period for the purpose of providing funds to
finance transportation improvements identified in the City's six -year Transportation Improvement
Program.
Whatcom County
Auditor's Office
Whatcom County Courthouse
311 Grand Avenue, Suite 103
Bellingham, WA 98225-4038
January 25, 2022
City of Ferndale
Susan Duncan
PO Box 936
Ferndale, WA 98248
Dear Susan:
Diana Bradrick
County Auditor
Stacy Henthorn
Chief Deputy Auditor
Enclosed is the Statement of Votes Cast from the November z, 2021 General Election
pertaining to City of Ferndale, Proposition 2021-o6, Renewal of Sales and Use Tax for
Transportation Improvements.
For the Precinct by Precinct Abstract, please refer to our website at
www.whatcomcounty.us/auditor.
If you have any questions, please don't hesitate to give me a call at 360-778-5105.
Sincerely,
Diana Bradrick
County Auditor
Enclosure
Administration Elections Licensing Recording We gladly accept
Auciltor@co.whatcomma.us Elections@co.whatcomma.us Licensing@co.whatcom.wa.us Recording@co.whatcomma.us relay calls.
360-778-5100 360-778-51 oz 360-778-5100 360-778-5100
Statement of Votes Cast by Geography Page: 1 of 1
Whatcom County, Washington; General Election November 2, 2021 2021-11-23
All Precincts, All Districts, All ScanStations, City of Ferndale Proposition 2021-6, All Boxes 11:21:19
Total Ballots Cast:4152 Registered Voters: 157062, Overall Turnout: 2.64%
Choice Votes Vote %
All Precincts
City of Ferndale Proposition 2021-6 (Vote for 1)
4152 ballots (0 over voted ballots. 0 overvotes, 197 undervotes), 9666 registered voters, turnout 42.95%
Yes 2534 64.07%
No 1421 35 93%
Total 3955 100.00%
Overvotes 0
Undervotes 197
STATE OF WASHINGTON )
) ss
COUNTY OF WHATCOM )
This is to certify that on November 2, 2021, a general election was held in the City of Ferndale, Whatcom County,
Washington, for the submission of a ballot measure to the voters for their approval or rejection;
That the results of the election were duly canvassed by the Whatcom County Canvassing Board on November 23,
2021, and the results of said canvass are as reads above.
Dated this 25th day of January, 2022, Bellingham, Whatcom County, Washington.
c
i
Diana Bradrick
County Auditor
. 2% V'atcom County Auditor's Of -fe
Ballot Measure Coversheet
District Information
District Name: City of Ferndale
District Address: PO Box 936 Ferndale, WA 98248
Contact Person i Contact Person 2
Susan Duncan, City Clerk f Sherry DeJong, Deputy City Clerk
Name & Title Name & Title
susanduncan@cityofferndale.org sherrydejong@cityofferndale.org
Phone & email 3 t® ` (A $5 35 Phone & email 3 bO _ b S S ' a3 $'9
' r e
Dannon Traxler
Name & Title
dtraxler@langabeertraxler.com
Phone & email 3 (.00 - (R l I - bil-to
Complete if anything is missing...
I understand that the deadline to submit the missing
information is
The Auditor's Office will not begin processing this ballot
measure until all required documents have been submitted.
Pres ter's Signa�iire '
Has your attorney prepared this ballot measure?
O Yes Q No
RECEIVED
JUL Z 2 2021
DIANA BRADRICK
WHATCO M COUN AUDITOR
7_�
Deputy Auditor's Signature
This form is available in a fillable form on the Auditor's website: htt�s:IIW--WW whdt.[omcavnty.usr35931District Resources.
FERNDALE TRANSPORTATION BENEFIT DISTRICT
RESOLUTION #21-06-07-A
A RESOLUTION OF THE COUNCIL OF THE CITY OF FERNDALE, WASHINGTON,
ACTING AS THE GOVERNING 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 NOVEMBER 2, 2021 TO RENEW AND CONTINUE TO IMPOSE A
TWO -TENTHS OF ONE PERCENT (0.2%) SALES AND USE TAX WITHIN THE
DISTRICT FOR A PERIOD OF TEN YEARS TO FUND A PORTION OF THE COSTS
ASSOCIATED WITH PROJECTS IDENTIFIED IN THE CITY'S
TRANSPORTATION IMPROVEMENT PROGRAM
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, 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, the District adopted Resolution No. 2011-01 providing for a ballot
proposition to be placed on the February 14, 2012 ballot imposing a two -tenths of
one percent (0.2%) sales and use tax within the District for a period of ten years;
and
WHEREAS, the ballot measure to impose the tax was approved by the voters and
the District has been collecting that tax since 2012; and
WHEREAS, the City's Six -Year Transportation Improvement Program identifies
projects that constitute transportation improvements that may be funded by the
District; and
WHEREAS, with voter approval, the District may renew and continue to 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 (0.2%) sales and use tax in accordance with RCW 82.14.0455, and
consistent with RCW 36.73, upon voter approval thereof; and
RECEIVED
JUL 2 2 2021
DIANA BRADRICK
WHATCOM COUNTY AUDITOR
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 renew and continue to impose a sales and use tax of two -
tenths of one percent (0.2%) 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 (2022-2027) Transportation Improvement Program (TIP)
identifies projects that constitute transportation improvements that may be funded
by the District, including a project entitled "Thornton - Vista to Malloy", a Project
entitled "Main Street - Barrett Road to East City Limits", a project entitled "Douglas
Road (750-ft east of S Church to Imhoff Road)", a project entitled "Ferndale Terrace
Improvement Project", and a Project 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, feasible 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 oe 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 the proposition of whether the
District shall renew and continue to impose a sales and use tax within the
limitations established in RCW 82.14.0455 for their ratification or rejection at an
election to be held on November 2, 2021. For the purpose of providing funds
necessary to pay or finance costs of the TBD Projects, the Whatcom County Auditor,
as ex officio supervisor of elections in Whatcom County, Washington, is hereby
requested to call and conduct such election to be held within the District on such
day and to submit to the qualified electors of the District for their approval or
rejection, a proposition to renew and continue to impose a sales and use tax in the
amount of two -tenths of one percent (0.2%) 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:
CITY OF FERNDALE, WASHINGTON
CONTINUATION AND EXTENSION OF SALES AND USE TAX FOR
TRANSPORTATION IMPROVEMENTS
The Council of the City of Ferndale Washington, acting as the Board of the
Ferndale Transportation Benefit District, Ferndale, Washington, adopted
Resolution #21-06-07-A, concerning a sales and use tax to fund
transportation improvements. This proposition would authorize the
renewal and continuation of a sales and use tax of two tenths of one
percent (0.2%) 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 Lne City of Ferndale Transportation Improvement
Program (TIP):
Should this proposition be approved?
Yes? ..............................................
No? ............................................... C
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 7t" day of June,
2021.
FERNDALE TRANSP TATION BENEFIT DISTRICT
FERNDA-L-E)WASHI TON
Grua. Hansen.,Ch
ATTEST:
Susan ❑UncAn, MNR.`, Secretary
Approved as to form:
CDannon Traxler, TY ATTORN
FERNDALE TRANSPORTATION BENEFIT DISTRICT REAUTHORIZATION
EXPLANATORY STATEMENT:
In 2012, by a measure of 62.7%, Ferndale voters approved a ballot proposition increasing the sales
and use tax two -tenths of one percent (0.2%) to fund transportation improvements. This tax was
authorized for a ten-year period, expiring in 2022. Ferndale voters are asked to renew the sales
and use tax of two -tenths of one percent (0.2%) for an additional ten-year period for the purpose
of providing funds to finance transportation improvements identified in the City's six -year
Transportation Improvement Program.
Prepared by Dannon Traxler, City of Ferndale Attorney