HomeMy WebLinkAbout1997 - City of Lynden Annexation to WC Library Dist Nov 6, 1997 Passed 72.26%l
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WHATCOM COUNTY AUDITOR'S OFFICE
OFFICIAL CANVASS OF THE SPECIAL ELECTION HELD TUESDAY, NOVEMBER
4, 1997 IN THE CITY OF LYNDEN, WHATCOM COUNTY, WASHINGTON FOR THE
PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY THE
PROPOSITION FOR LYNDEN CITY TO BE ANNEXED TO THE WHATCOM COUNTY
RURAL LIBRARY DISTRICT?.
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
Lyn en,.,Whatcom County, Washington held on the 4th day of November, 1997 have in no wise
Wgott4iby additions or erasures, and that they are the same as when they were deposited in my
'r?k
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....••',�• Whatcom Couqtf Auditor
Subscribed and sworn to before me this 19th day of November 1997.
1Y CU'�
`i % N A Ted C) _
CUUN
B;Z-* . County Legislative Authority
STAT[ 0F
alp' �+jfi�'� ��,'• �
~ 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 Lynden, Whatcom County, Washington on the 4th day of
November, 1997 and the results were as follows:
CITY OF LYNDEN
Proposition No.1
ANNEXATION TO THE WHATCOM COUNTY
RURAL LIBRARY DISTRICT
Shall the City of Lynden be annexed to
and be part of the Whatcom,County
Rural Library District?
YES -152 -), ANNEXATION, YES 2, 079 72.26%
NO -154 -)�
ANNEXATION, NO 798 2 7.74%
PASSED:
�NJ' Q S s
N hc'r.A�qss having been completed this 19th day of November, 1997.
WHATCOM COUNTY CANVASSING BOARD
rAAaS • 10SO4 A
0011
• tt 7 Ar It I IF
. �'s
County Auditor
County Legislative Authority
i
County Deputy Prosecuting Attorney
Mayor
JimKaemingkSr. CITY OF L1 DEN
Council Members:
Fred Bovenkamp
Dave Burns
Rose DeGroot
Herb Gorrebeeck
Art Henken
Gerald Kuiken
Jay Van Lant
City Administrator
Stephan Jilk
323 Front Street
Lynden, Washington 98264
(360) 354-4270
FAX (360) 354-5749R E E y E
SHIRLEY FORSLOF
1WHATCOM Cn NTY AUDITOR
Ward Nelson, Chair
Whatcom County Council
Whatcom County Courthouse
311 Grand Avenue
Bellingham, Washington 98225
RE: City of Lynden - Special Election to Annex
to Whatcom County Rural Library District
Dear Mr. Nelson:
The Lynden City Council is hereby requesting that the Whatcom County Council schedule
a special election on November 4, 1997 for the purpose of determining whether or not the City of
Lynden should annex to the Whatcom County Library District.
Pursuant to RCW 27.12.370 the County Council, by resolution, must call a special
election for this purpose if requested to do so by the City Council of said city, and if the City
Council has adopted an ordinance stating its intent to join the library district. The Lynden City
Council did take both of these actions on August 4, 1997.
It is therefore my pleasure to ask you, as County Council Chair, to introduce this request
to the full Council for action in a timely manner so that the resolution required to be passed by the
Council can be passed in time to meet the 45 day notice requirement for setting the election on
November 4, 1997.
As required, I have enclosed a copy of Lynden City Ordinance 41038 which was adopted
by our City Council.
I thank you for your assistance and cooperation in moving this matter forward. Please
have my office contacted if you or others have any questions regarding the matter. I or my
representative will be pleased to attend your County Council meeting when this matter is discussed.
Sincerely,
7' ae ingr,
Mayor
Enclosure
cc: Pete Kremen
Shirley Forslof
John Halliday
ORDINANCE NO. 1038
AN ORDINANCE OF THE CITY OF LYNDEN,
WASHINGTON, DECLARING THE INTENT OF THE CITY COUNCIL
TO JOIN THE WHATCOM COUNTY RURAL LIBRARY DISTRICT AND
FINDING THAT THE PUBLIC INTEREST WILL BE SERVED THEREBY.
WHEREAS, the area within the territorial limits of the City of Lynden is the only area of
Whatcom County, Washington, within the geographical boundaries of the Whatcom County Rural
Library District which has not annexed to said District; and
WHEREAS, the City of Lynden, having a population of less than one hundred thousand
(100,000), is eligible for annexation into the Whatcom County Rural Library District; and
WHEREAS, as there is no Lynden Library Board, a copy of this proposed ordinance was
previously submitted to the Washington State Librarian; and
WHEREAS, the Lynden City Council believes that it would be in the best interests of the
citizens of the City of Lynden to annex the area of the City of Lynden into the Whatcom County
Rural Library District; and
WHEREAS, there is no bonded or other indebtedness of the Lynden Library System; and
WHEREAS, no real estate or buildings will be transferred to the Whatcom County Rural
Library District as part of this annexation;
NOW THEREFORE, the City Council of the City of Lynden, Washington does ordain as follows:
SECTIONI. FINDING OF PUBLIC INTEREST. The City Council of the City of Lynden,
Washington, hereby finds, pursuant to RCW 27.12.360, that the public interest of the residents of the
City will be served by the inclusion of the City in the Whatcom County Rural Library District.
SECTION 2. STATEMENT OF INTENT. The City Council of the City of Lynden,
Washington, hereby states, pursuant to RCW 27.12.360, that it intends to join the Whatcom County
Rural Library District and obtain for its residents the benefits of residence within the territorial
boundaries of said District.
SECTION 3. COPY TO RURAL LIBRARY DISTRICT. The Lynden City Clerk is
authorized and directed to submit a true and correct copy of this ordinance to the Board of Trustees
of the Whatcom County Rural Library District for their concurrence in this annexation proposal. The
Clerk is instructed to so time the submission of this ordinance that the next available election after
consideration by the Whatcom County Rural Library District Board of Trustees and the Whatcom
County Council is the November, 1997, general election.
SECTION 4. TRANSFER OF ASSETS. The ownership of any library books and other
library personal property which the City of Lynden might have on the date of annexation will be
transferred to the Whatcom County Rural Library District. No real estate or buildings will be
transferred to the Whatcom County Rural Library District as part of this annexation.
SECTION 5. LEVY PRORATION. In the event that the City ofLynden is annexed into
the Whatcom County Rural Library District and future aggregate levies within Lynden require a
reduction of the District's levy rate under the provisions of RCW 84.52.010, the City of Lynden will
take all reasonable steps within its power to avoid future tax prorating that wold be harmful to the
Whatcom County Rural Library District.
SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held invalid �r unconstitutional, such decision shall not a[iect the
validity of the remaining portions of this Ordinance. The Council hereby declares that it would have
passed this Ordinance, and each section, subsection, sentence, clause or phrase thereof, separately
Page I Ordinance No. 1038
and independently and, in the event that any one or more section, subsection, sentence, clause or
phrase may later be declared invalid or unconstitutional, then any ordinance, or ordinances, or parts
thereof, amended or repealed by such portion of this Ordinance shall remain in full force and effect.
SECTION 7. EFFECTIVE DATE. This ordinance shall be in full force and effect five (5)
days after passage, approval, signing, and publication, Ias provided by law.
PASSED by the City Council of the City of Lynden, Washington, this day of
1997.
Signed by the Mayor this S day of4v4 1997.
CITY OF LYNDEN
1' n aen» ngk, Sr., Mayor
Page 2 Ordinaacc No. 1038
SHIRLEY FORSLOF
1 libraryres.9/9797 WHAT COM COUNTY AUDITOR
2 ,5�� 9 ow
1
SPONSORED BY: Consent
PROPOSED BY: City off Lynden
INTRODUCTION DATE: 9/9/97
2 RESOLUTION NO. 97-053
3 SETTING A SPECIAL ELECTION WITHIN THE CITY OF LYNDEN
4 TO DETERMINE IF THE CITY OF LYNDEN SHALL BE ANNEXED INTO THE
5 WHATCOM COUNTY RURAL LIBRARY DISTRICT
6 WHEREAS, RCW 27.12.360 permits the legislative body of a city with a population of one
7 hundred thousand (100,000) or less to initiate an annexation procedure by ordinance declaring its
8 finding that the public interest of the residents of the city would be served by annexation into the
9 rural library district of the county; and
10 WHEREAS, the City of Lynden, a city with a population of less than one hundred thousand
11 (100,000), has enacted such an ordinance, Ordinance No. 1038, on August 4, 1997; and
12 WHEREAS, there being no library board within the City of Lynden, the Lynden ordinance
13 has been duly submitted to the State Librarian for review as provided by law, and has further
14 received the concurrence of the Whatcom County Rural Library District, as appears in Attachment
15 A to this resolution; and
16 WHEREAS, upon receipt of notification of the enactment of the above -referenced City of
17 Lynden ordinance, the opportunity for review by the State Librarian, and the concurrence of the
18 Rural Library District, RCW 27.12.370 provides that the County legislative authority shall, by
19 resolution, call a special election to be held in such city on the next date provided in RCW
20 29.13.010; and
21 WHEREAS, the next available special election date provided in RCW 29.13.010 is the 4th
22 day of November, 1997.
23 NOW THEREFORE BE IT RESOLVED by the Whatcom County Council that a special
24 election conducted by the Whatcom County Auditor's Office shall be set on the annexation ballot
25 proposition within the City of Lynden for the 4th day of November, 1997.
26 BE IT FURTHER RESOLVED that the Whatcom County Auditor's Office shall cause notice
27 of said special election to be given pursuant to RCW 29.27.080.
R
Page 1
1 BE IT FURTHER RESOLVED that said election shall be conducted, voter eligibility
2 established, and the voting majority determined in accordance with RCW 27.12.370 and the other
3 general laws of the State of Washington as applied by the Whatcom County Auditor.
4 BE IT FINALLY RESOLVED that the ballot proposition shall be stated in substantially the
5 following form:
6 Shall the City of Lynden be annexed to and be part of the Whatcom County
7 Rural Library District?
8 YES...............................................................................i )
9 NO.................................................................................( )
10 APPROVED this 9 day of Sept:embep 1997.
11
12 ---A EST:
14 �/ -°')1Dana Brown -Davis, Clerk of the Council
15 APPROVED AS TO FORM
r �
1
16
17 Civil Deputy Prosecutor
Page 2
WHATCOM COUNTY COUNCIL
WC WASHINGTON
d Chair
yy SHIRLEY COUNn'SLOF
AUpROr,
SEP 19 1997
General Election Page 601
Noviember 4, 1997 Whatcom County, Washington
LYNDEN REGIONAL PARKS & RECREATION DISTRICT
Proposition No.1
LYNDEN REGIONAL PARKS AND RECREATION DISTRICT
PARK LAND ACQUISITION BONDS — $1,000,000
For the purpose of acquiring land for a new park, shall the Lynden
Regional Parks and Recreation District issue up to $1,000,000 of general
obligation bonds payable, both principal and
interest, out of annual property tax levies in Bonds, YES - 136 4
excess of constitutional or statutory tax
limitations, maturing within a maximum term of
20 years, all as provided in Resolution #1 of Bonds, NO - 138 4
the District?
Proposition No. 2
LYNDEN REGIONAL PARKS AND RECREATION DISTRICT
PARK DEVELOPMENT BONDS — $1,500.000
For the purpose of developing, constructing and furnishing a new
park, shall the Lynden Regional Parks and Recreation District issue
up to $1,500,000 of general obligation bonds payable, both principa:,
and interest, out of annual property tax
levies in excess of constitutional or Bonds, YES - 144 4
statutory tax limitations, maturing within
a maximum term of 20 years, all as
provided in Resolution #1 of the District? Bonds, NO - 146 4
_ CITY OF LYNDEN
Proposition No.1
ANNEXATION TO THE WHATCOM COUNTY
RURAL LIBRARY DISTRICT
Shall the City of Lynden be annexed to
and be part of the Whatcom County YES -152 4
Rural Library District?
NO-1544
TURN PAGE TO CONTINUE VOTING �
STATE OF WASHINGTON, ss Affidavit of Publication
COUNTY OF WHATCOM,
Kathy Kincaid being first
NOTICE OF
SPECIAL ELECTION
dulysworn on oath says: That (s he is the Public Notices Clerk of
%� )
CITY OF LYNDEN
WASH
The Bellingham Herald, a daily newspaper of general circulation in
NGOUNTY'
H1997
said county and state and of Federated Publications, Inc., a Dela-
NO ICEmIser
EREBY
NIvem that Tuesday,
ware Corporation (publisher of said newspaper), and authorized to
19
November 4, 1997, a sppe-
-nambe
make this affidavit; that the legal notice entitled in the cause and
the above -named City, for
thea aboveed
�
the submission the
court named on the attached co which is a true and correct co
f�Y PY
gualiFed electors of said
o
City of the following prop
of the original (and hereinafter referred to as "Notice") was pub-
os�ti an;
ANAFFxaTONTOTHE
lished in the regular and entire issue, and not in supplement, of
RURALLIB°RARYY
each number of said newspaper published and circulated on the
DISTRICT
Shall the City of Lynden
following dates, to wit:
be annexed to and be part
of the: Whatcom County
October 29, 1997
Rural Library District?
YES....
NO.....
The polls for such special
electron shall be open
from 7:00 a.m. to 8:00 p.m.
Shirley Fors""Whatcom County Auditor
Ex-officio
and upervisor
of Elections [L8735).
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 same 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 $ 27.20
Subsc'r3 ed and sworn to before me this
31st day of October 19 97
v;
a : U NOTARY
Pusuc 4
':sr .r 2t
J' 7 Z
29
°OP
WA5
NOTARY PUBLIC in and for the State of Washington,
residing at Bellingham
NOTICE OF SPECIAL ELECTION
CITY OF LYNDEN
WHATCOM COUNTY, WASHINGTON
November 4,1997
NOTICE IS HEREBY GIVEN that on Tuesday, November 4, 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:
Proposition No. 1
ANNEXATION TO THE WHATCOM COUNTY
RURAL LIBRARY DISTRICT
Shall the City of Lynden be annexed to and be part of the Whatcom
County Rural Library District?
YES ................. L I
NO .................. [
The polls for such special election shall be open from 7:00 a.m. to 8:00 p.m.
Shirley Forslof
Whatcom County Auditor and
Ex-officio Supervisor of Elections
Publish: October 29, 1997
NOTICE OF SPECIAL ELECTION
CITY OF LYNDEN
WHATCOM COUNTY, WASHINGTON
November 4,1997
NOTICE IS HEREBY GIVEN that on Tuesday, November 4, 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:
Proposition No. 1
ANNEXATION TO THE WHATCOM COUNTY
RURAL LIBRARY DISTRICT
Shall the City of Lynden be annexed to and be part of the Whatcom
County Rural Library District?
YES ................. L
NO.................. L
The polls for such special election shall be open from 7:00 a.m. to 8:00 p.m.
Shirley Forslof
Whatcom County Auditor and
Ex-officio Supervisor of Elections
Publish: October 29, 1997