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Home My WebLink About2012 - City of Lynden Prop 1 Transportation Benefit Dist Passed 54.75%wmzlll� NO `19 M P ire]1 0 ► WIP LIM SO � sffl Lynden Transportation Benefit Dist 6miGstwins: muxjori+4 TloA s b .54.76, Ballot Measure Submitted Checklist == Attach to front of folder Ballot Measure Submitted: f�65D QUl 16),54-AL Date Initial Notes j OL26 1 j Submitted by: eV/:U-Ki 4o ne s (2,q Contact Phone #: b qT_ 1,bvo If submitted by mail E Dn�S C3 7.c��lr Email Add' I t1iY► � obtains this info Checks signed by Commissioners orig signatures or certified copy Date Stamps Submittal, Makes copy for filer 7/ oZ If Document Calling for an election is included in the submittal, have Auditor or Deputy Auditor sign n , Fills out receipt & gives original to the filer; if submitted by mail returns original to submitter. Makes a copy for the Auditor File With another staff member, confirms everything complete jl Creates folder (See Steps 6-9 in PROC) �-�-^ Election Clerk prepares letter to the Pros Atty with copy of measure and recei t (county & districts only), gives folder to CDA for review. Gives copies of proposed measure to Auditor & Election Supervisor CDA routes folder to Auditor after review Auditor signs letter and hand delivers packet to the Prosecuting Attornev Date stamps returned letter of approval from Pros Atty Reviewed by Auditor; assigns number ry � Email to submitter after Ballot approval using receipt capability into it; mails copies to any other re uestors. Completes Certificate of Mailing Set -Up in EIMS Ballot Layout Created / Completed After Election _ Copy of Canvass Report sent to submitter of ballot issue Obtain Receipt from Treasurer & Assessor of results 7 If school issue, send copy of canvass report to Supt of Public Instruction (form SPI M-466) ao o ni-D. cn 90 a 2 CD m 0 0 m 6 N m m m OR 0 F 'o N -n 7 0 i ch #0 m �Z) 0 0- D m a;* D CD _3 CD �.cc v CL _Q kkO 5 cc 0 7 Z N W, Official Canvass of the General and Special Election for Lynden Transportation Benefit District 11 Whatcom County, Washington Held Tuesday, November 6, 2012 (RIt HFN�+ f A )ILA State of Washington } County of Whatcom The undersigned, being the officers designated by law as constituting the Whatcom County Canvassing Board, have completed the canvass of votes as it pertains to the General and Special Election held November 6, 2012, within the boundaries of Lynden Transportation Benefit District, Lynden, Whatcom County, State of Washington. The proposition concerned the authorization of a sales and use tax for transportation improvement projects. A simple majority was needed for passage. The vote count for Lynden Transportation Benefit District, Proposition No. 1, Sales and Use Tax for Transportation Improvements, was: Yes — 3,617 54.75% No — 2,989 45.25% Total votes — 6,606 The proposition received the majority required and therefore PASSED. WITNESS our hand and seal this 27th day of November, 2012. WHATCOM COUNTY CANVASSING BOARD Kathy Kershner, County Council Chair Ro a uc am, Civil Deputy Prosecuting Attorney Debbie Adelstein, County Auditor CO(a ,i�ATC . C I:TY r.gTI.TE: 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.uslauditor ELECTION RESULTS RECEIPT RGOM CO, ti �43kiNG'tp� Debbie Adelstein County Auditor Diana Bradrick Chief Deputy Auditor Copies of the Lynden Transportation Benefit District, Proposition No. 1, Sales and Use Tax for Transportation Improvements, election results from the November 6, 2012 General and Special Election, have been delivered to the Assessor's and Treasurer's Office. Receipt Acknowledged: ASSESSOR'S OFFICE: � Gl� Nam TREASURER'S OFFICE: N I e Date l �- fg-1 Z Date Licensing Recording Elections Administration/internal Audit Licensing@co.whatcom.wa.us Recording@comhatcornma.us Elections@co.whatcom.wa.us Auditor@comhatwm.wa.us 360-676-6740 360-676-6740 360-676-6742 360-676-6740 M 360-738-4555 RCW 81.104.170 Sales and use tax. (1) Cities that operate transit systems, county transportation authorities, metropolitan municipal corporations, public transportation benefit areas, high capacity transportation corridor areas, and regional transit authorities may submit an authorizing proposition to the voters and if approved by a majority of persons voting, fix and impose a sales and use tax in accordance with the terms of this chapter, solely for the purpose of providing high capacity transportation service. (2) The tax authorized pursuant to this section shall be in addition to the tax authorized by RCW 82.14.030 and shall be collected from those persons who are taxable by the state pursuant to chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the taxing district. The maximum rate of such tax shall be approved by the voters and shall not exceed one percent of the selling price (in the case of a sales tax) or value of the article used (in the case of a use tax). The maximum rate of such tax that may be imposed shall not exceed nine -tenths of one percent in any county that imposes a tax under RCW 82.14.340, or within a regional transit authority if any county within the authority imposes a tax under RCW 82.14.340. Whatcom County OM CO& 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 E-mailed to Evan Jones, Zender Thurston August 10, 2012 Evan Jones Zender Thurston 1700 D Street Bellingham, Washington 98225 RE: Lynden Transportation Benefit District Lynden, Washington Proposition No. 1 Sales and Use Tax for Transportation Improvements Dear Mr. Jones: Debbie Adelstein County Auditor The ballot title referenced above has been received and will appear on the November 6, 2012, General Election ballot. The only change is in the heading adding "Proposition No. 1 ". All the other language will remain the same as submitted. This notice is being provided pursuant to RCW 29A.36.080. Sincerely, Debbie Adelstein County Auditor Licensing Recording Elections Administration/internal Audit Licensing@comhatcomma.us Recording@co.whatcornma.us Elections@co.whatcomma.us Auditor@comhatcomma.us 360-676-6740 360-676-6740 360-676-6742 360-676-6740 TTY 360-738-4555 Page 1 of 1 Nancy Moore - Lynden Transportation Benefit District Ballot Measure - From: Nancy Moore To: ejones@zenderthurston.com Date: 8/10/2012 4:04 PM Subject: Lynden Transportation Benefit District Ballot Measure Attachments: lynden trans ben dist_20120810154931.pdf Dear Mr. Jones: Please see the attached letter regarding the Lynden Transportation Benefit District ballot measure for the November 6, 2012 General Election. Thank you. Sincerely, Nancy M. Moore Office Coordinator Whatcom County Auditor's Office (360) 676-6740, ext. # (pound key) 50071 file://C:\Documents and Settings\nmmoore\Local Settings\Temp\XPgrpwise\50253115Bha... 8/10/2012 Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Email: auditor@co.whatcom.wa.us Internet: www.whatcomcounty.uslauditor PRESS RELEASE August 10, 2012 apiLOM CO Debbie Adelstein s County Auditor �\ Phone: (360) 676-6740 �`SFIING�O Fax: (360) 738-4556 County Auditor Debbie Adelstein has confirmed the selection of persons to write Voters' Pamphlet arguments in support of local ballot measures in the November General Election. She is still seeking qualified persons to write arguments opposing two local measures. Those measures are: A bond measure for Lynden Regional Parks & Recreation District to purchase a turn key indoor recreation facility. A sales and use tax measure to be collected within the Lynden Transportation Benefit District to fund transportation improvement projects. By state law, the legislative body sponsoring a measure is required to appoint persons to write arguments supporting and opposing local measures. If the legislative authority fails to make the appointments by the prescribed deadline (in this case by August 10), the county auditor is required to do so, whenever possible. Providing two sides to every argument provides an important service to the voters, and helps to ensure an informed electorate. To view the full text of any of the measures, or to express an interest in possibly writing an argument against either of them, please contact Ms. Adelstein at (360) 715-7474, or dadelsteinCcD-co.whatcom.wa. us. Licensing Recording Elections Administration TTY Licensing@comhatcomma.us Recording@comhatcomma.us Elections@co.whatcomma.us 360-676-6740 360-676-6740 360-676-6742 360-715-7474 360-738-4555 Whatcom County Courthouse Whatcom County 311 Grand Avenue, Suite 103 P `11 Co Bellingham, WA98225AO38 3 �< Auditor's Office 360-676-6740 360-738-4556 FAX r Election Division 360-738-4555 TTY 9S"� '" E-mail: auditor@co.whatcom.wa.us www.co.whatcom.wa.us/auditor BALLOT MEASURE RECEIPT Date Received: Ao lk5 C�o c� Received From: 1:,- VGt n 4o ne5 Name of Presenter 0,1-h,4 fi nd(cf-f-2 Name of 00 nization / l — "9 Address 00 o i'1 e- Z end e h 4 t,Lrr s to n. Ccn Phone Email Ballot Issue Name:'__ReC,o[ cdf an NO. 2_0 t v2 kVVWLq-h __F11aV)_Y0 e h- �- -D-�I' S t-r), <,--- �- X The Auditor's Office, Election Division, acknowledges receipt of the above - named Proposition for inclusion in the (',5enCV'0j . Election. I:\Policies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM RECEIPT for ballot measure.DOCAdopted 7/27/06 LYNDEN TRANSPORTATION BENEFIT DISTRICT RESOLUTION NO. 2012-1 A RESOLUTION OF THE BOARD OF THE LYNDEN TRANSPORTATION BENEFIT DISTRICT, LYNDEN, WASHINGTON, PROVIDING FOR A BALLOT PROPOSITION TO BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE DISTRICT ON NOVEMBER 6, 2012 TO E"POSE A TWO -TENTHS OF ONE PERCENT (.002) SALES AND USE TAX WITHIN THE DISTRICT FOR A PERIOD OF TEN YEARS TO FUND TRANSPORTATION IMPROVEMENTS WHEREAS, the City of Lynden ("City") approved Ordinance No. 1423 on July 16, 2012, establishing the Lynden Transportation Benefit District ("TBD") pursuant to Chapter 36.73 Revised Code of Washington (RCW); and WHEREAS, on July 16, 2012, after giving proper notice, the City conducted a public hearing in accordance with RCW 36.73.050; and WHEREAS, with voter approval, the TBD may impose a sales and use tax upon the occurrence of any taxable event within the boundaries of the TBD to fund transportation improvements; and WHEREAS, the City's Six Year (2012-2017) Transportation Improvement Plan identifies projects that constitute transportation improvements; and WHEREAS, projects from the City of Lynden's Six Year (2012-2017)Transportation Improvement Plan may be funded by the TBD include; Overlays to preserve streets, 17'h Street Extension, Pedestrian Trails and Bridges, and Arterial Reconstruction — 3`d to 7"' between Front and Grover Streets; and WHEREAS, the governing board of the TBD (TBD Board) now desires to fund and implement certain enumerated transportation improvements (TBD Projects), through the imposition by the TBD of a two -tenths of one percent (.002) sales and use tax in accordance with RCW 82.14.0455, consistent with Chapter 36.73 RCW, upon voter approval thereof; and NOW, THEREFORE, THE BOARD OF THE LYNDEN TRANSPORTATION BENEFIT DISTRICT, LYNDEN, 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 TBD require the imposition of 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. Transportation improvements that may be funded by the TBD, include; Overlays to preserve streets, 17"' Street Extension, Pedestrian Trails and Bridges, and Arterial Reconstruction - P to 7 h between Front and Grover Streets. 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 practical, all the TBD Projects. In the event that the proceeds of sales and use taxes authorized herein, plus any other money of the TBD legally available therefore, are insufficient to accomplish all of the TBD Projects, the TBD Board shall use the available funds to pay the cost of those portions of the TBD Projects deemed by the TBD Board most necessary and in the best interests of the inhabitants of the TBD. The TBD 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 TBD Board may alter, make substitutions to, and amend the TBD Project descriptions as it determines is in the best interests of the public and the TBD District consistent with the general descriptions provided above and in accordance with the material change policy adopted by the TBD Board, and the notice, hearing and other procedures described in Chapter 36.73 RCW, including RCW 36.73.050(2)(b), as necessary. If the TBD 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 TBD Board shall not be required to acquire, construct, or implement such portions of a TBD Project. If all of the TBD Projects have been acquired, constructed, implemented or duly provided for, or found to be impractical, the TBD Board may either dissolve the TBD in accordance with RCW 36.73 or 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 Plan in accordance with the material change policy adopted by the TBD Board and the notice, hearing and other procedures described in Chapter 36.73 RCW, including RCW 36.73.050(2)(b), as necessary. Section 2: Proposition RECEIVED AUG -7 2012 DEBBIE ADELSTEIN WHATCOM COUNTY AUDITOR It is hereby found and declared that the best interests of the inhabitants of the TBD require the submission to the qualified electors of the TBD the proposition whether the TBD shall impose a sales and use tax within the limitations established in RCW 82.14.0455 for ratification or rejection at a special election to be held on November 6, 2012. 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 special election to be held within the TBD for approval or rejection, a proposition to impose a sales and use tax in the amount of two -tenths of one percent (.002) of the selling price (in the case of a sales tax), or value of the article used (in the case of a 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 Chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the boundaries of the TBD, for a period of ten years, or until the TBD is dissolved, whichever comes first. 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 Chapter 36.73 RCW. The City Clerk, serving as Secretary of the TBD Board, is hereby authorized and directed to certify said proposition to said official in the following form: LYNDEN TRANSPORTATION BENEFIT DISTRICT LYNDEN, WASHINGTON SALES AND USE TAX FOR TRANSPORTATION IMPROVEMENTS The Board of the Lynden Transportation Benefit District, Lynden, Washington, adopted Resolution No. 2012-1 concerning a sales and use tax to fund certain 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 Transportation Benefit District in accordance with RCW 82.14.0455 for a term of ten years, or until such District is dissolved, whichever is earlier, for the purpose of paying or financing costs of necessary transportation improvement projects listed in Resolution No. 2012-1 and identified in the City of Lynden Transportation Improvement Plan: Should this proposition be approved? Yes? ................................ .. No?.... .. Section 3. Corrections The City Clerk, serving as the Secretary of the TBD 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. The TBD Board hereby declares that it would have passed this resolution and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases has been declared invalid or unconstitutional. PASSED by the Board of the Lynden Transportation Benefit District, Lynden, Washington, at a regular open meeting thereof held this 41 day of, 2012. This resolution shall be in full force and effect on u k sf / 2012. PASSED BY THE TRANSPORTATION BENEFIT DISTRICT BOARD BY AN AFFIRMATIVE VOTE, S 1N FAVOR AND AGAINST, THIS 0-' DAY OFg,9 u 5 f , 2012. CHAIR ATTEST: APPROVED AS TO FORM: CITY ATTORNEY 1'71o85.Q r (fAZ^-X. *4 ` Resolution No.2012-1 Transportation Benefit District Whatcom County Courthouse co Whatcom County 311 Grand Avenue, Suite 103 Bellingham, WA 98225�038 Pi`�m: y Auditor's Office 360-676-6740 360-738-4556 FAX Election Division 360-738-4555 TTY E-mail: auditor@co.whatcom.wa.us www.co.whatcom.wa.us/auditor E(TZ�OFTY BALLOT MEASURE RECEIPT Date Received: Am msd� 0 Received From: E V�,1�� Name of Presenter pp Ind C� Name of p nixativn / Address 2� T Q F-o n e seo_,e.-�h uys to n. Cow--) Phone %I.J Email "-RBallot Issue Name: 2�2oI� UY� p . `,�(] 19 rn h The Auditor's Office, Election Division, acknowledges receipt of the above - named Proposition for inclusion in the CyemetaJ Election. I:\Policies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM RECEIPT for ballot measure.DOCAdopted 7/27/06 LYNDEN TRANSPORTATION BENEFIT DISTRICT RESOLUTION NO. 2012-1 Q�ESOLUTION OF THE BOARD OF THE LYNDEN TRANSPORTATION BENEFIT DISTRICT, LYNDEN, WASHINGTON, PROVIDING FOR A BALLOT PROPOSITION TO BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE DISTRICT ON NOVEM 3ER 6, 2012 TO IMPOSE A TWO -TENTHS OF ONE PERCENT (.002) SALES AND USE TAX WITHIN THE DISTRICT FOR A PERIOD OF TEN YEARS TO FUND TRANSPORTATION IMPROVEMENTS WHEREAS, the City of Lynden ("City") approved Ordinance No. 1423 on July 16, 2012, establishing the Lynden Transportation Benefit District ("TBD") pursuant to Chapter 36.73 Revised Code of Washington (RCW); and WHEREAS, on July 16, 2012, after giving proper notice, the City conducted a public hearing in accordance with RCW 36.73.050; and WHEREAS, with voter approval, the TBD may impose a sales and use tax upon the occurrence of any taxable event within the boundaries of the TBD to fund transportation improvements; and WHEREAS, the City's Six Year (2012-2017) Transportation Improvement Plan identifies projects that constitute transportation improvements; and WHEREAS, projects from the City of Lynden's Six Year (2012-2017)Transportation Improvement Plan may be funded by the TBD include; Overlays to preserve streets, 17`" Street Extension, Pedestrian Trails and Bridges, and Arterial Reconstruction — 3`d to 7"' between Front and Grover Streets; and WHEREAS, the governing board of the TBD (TBD Board) now desires to fund and implement certain enumerated transportation improvements (TBD Projects), through the imposition by the TBD of a two -tenths of one percent (.002) sales and use tax in accordance with RCW 82.14.0455, consistent with Chapter 36.73 RCW, upon voter approval thereof; and NOW, THEREFORE, THE BOARD OF THE LYNDEN TRANSPORTATION BENEFIT DISTRICT, LYNDEN, 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 TBD require the imposition of 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. Transportation improvements that may be funded by the TBD, include; Overlays to preserve streets, 17`h Street Extension, Pedestrian Trails and Bridges, and Arterial Reconstruction — P to 7t' between Front and Grover Streets. 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 practical, all the TBD Projects. In the event that the proceeds of sales and use taxes authorized herein, plus any other money of the TBD legally available therefore, are insufficient to accomplish all of the TBD Projects, the TBD Board shall use the available funds to pay the cost of those portions of the TBD Projects deemed by the TBD Board most necessary and in the best interests of the inhabitants of the TBD. The TBD 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 TBD Board may alter, make substitutions to, and amend the TBD Project descriptions as it determines is in the best interests of the public and the TBD District consistent with the general descriptions provided above and in accordance with the material change policy adopted by the TBD Board, and the notice, hearing and other procedures described in Chapter 36.73 RCW, including RCW 36.73.050(2)(b), as necessary. If the TBD 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 TBD Board shall not be required to acquire, construct, or implement such portions of a TBD Project. If all of the TBD Projects have been acquired, constructed, implemented or duly provided for, or found to be impractical, the TBD Board may either dissolve the TBD in accordance with RCW 36.73 or 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 Plan in accordance with the material change policy adopted by the TBD Board and the notice, hearing and other procedures described in Chapter 36.73 RCW, including RCW 36.73.050(2)(b), as necessary. Section 2: Proposition RECEIVED AUG - 7 2012 DEBBIE ADELSTEIN WHATCOM COUNTY AUDITOR It is hereby found and declared that the best interests of the inhabitants of the TBD require the submission to the qualified electors of the TBD the proposition whether the TBD shall impose a sales and use tax within the limitations established in RCW 82.14.0455 for ratification or rejection at a special election to be held on November 6, 2012. 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 special election to be held within the TBD for approval or rejection, a proposition to impose a sales and use tax in the amount of two-tentlis of one percent (.002) of the selling price (in the case of a sales tax), or value of the article used (in the case of a 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 Chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the boundaries of the TBD, for a period of ten years, or until the TBD is dissolved, whichever comes first. 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 Chapter 36.73 RCW. The City Clerk, serving as Secretary of the TBD Board, is hereby authorized and directed to certify said proposition to said official in the following form: LYNDEN TRANSPORTATION BENEFIT DISTRICT LYNDEN, WASHINGTON SALES AND USE TAX FOR TRANSPORTATION IMPROVEMENTS The Board of the Lynden Transportation Benefit District, Lynden, Washington, adopted Resolution No. 2012-1 concerning a sales and use tax to fund certain 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 Transportation Benefit District in accordance with RCW 82.14.0455 for a term of ten years, or until such District is dissolved, whichever is earlier, for the purpose of paying or financing costs of necessary transportation improvement projects listed in Resolution No. 2012-1 and identified in the City of Lynden Transportation Improvement Plan: Should this proposition be approved? Yes? .................................. No? ............................. Section 3. Corrections The City Clerk, serving as the Secretary of the TBD 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. The TBD Board hereby declares that it would have passed this resolution and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases has been declared invalid or unconstitutional. PASSED by the Board of the Lynden Transportation Benefit District, Lynden, Washington, at a regular open meeting thereof held this day off, 2012. This resolution shall be in full force and effect on jQ,k f 2012. PASSED BY THE TRANSPORTATION BENEFIT DISTRICT BOARD BY AN AFFIRMATIVE VOTE, 5 IN FAVOR AND _ AGAINST, THIS DAY OFA� v S t , 2012. CHAIR ATTEST: APPROVED AS TO FORM: 4: � `� .- -/ rolz CITY ATTORNEY Resolution No. 2012-1 Transportation Benefit District LYNDEN TRANSPORTATION BENEFIT DISTRICT RESOLUTION NO. 2012-1 A RESOLUTION OF THE BOARD OF THE LYNDEN TRANSPORTATION BENEFIT DISTRICT, LYNDEN, WASHINGTON, PROVIDING FOR A BALLOT PROPOSITION TO BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE DISTRICT ON NOVEMBER 6, 2012 TO EWPOSE A TWO -TENTHS OF ONE PERCENT (.002) SALES AND USE TAX WITHIN THE DISTRICT FOR A PERIOD OF TEN YEARS TO FUND TRANSPORTATION IMPROVEMENTS WHEREAS, the City of Lynden ("City") approved Ordinance No. 1423 on July 16, 2012, establishing the Lynden Transportation Benefit District ("TBD") pursuant to Chapter 36.73 Revised Code of Washington (RCW); and WHEREAS, on July 16, 2012, after giving proper notice, the City conducted a public hearing in accordance with RCW 36.73.050; and WHEREAS, with voter approval, the TBD may impose a sales and use tax upon the occurrence of any taxable event within the boundaries of the TBD to fund transportation improvements; and WHEREAS, the City's Six Year (2012-2017) Transportation Improvement Plan identifies projects that constitute transportation improvements; and WHEREAS, projects from the City of Lynden's Six Year (2012-2017)Transportation Improvement Plan may be funded by the TBD include; Overlays to preserve streets, 171h Street Extension, Pedestrian Trails and Bridges, and Arterial Reconstruction — 3rd to 71h between Front and :;rover Streets; and WHEREAS, the governing board of the TBD (TBD Board) now desires to fund and implement certain enumerated transportation improvements (TBD Projects), through the imposition by the TBD of a two -tenths of one percent (.002) sales and use tax in accordance with RCW 82.14.0455, consistent with Chapter 36.73 RCW, upon voter approval thereof; and NOW, THEREFORE, THE BOARD OF THE LYNDEN TRANSPORTATION BENEFIT DISTRICT, LYNDEN, 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 TBD require the imposition of 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. Transportation improvements that may be funded by the TBD, include; Overlays to preserve streets, 171h Street Extension, Pedestrian Trails and Bridges, and Arterial Reconstruction — 3Td to 7"' between Front and Grover Streets. 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 practical, all the TBD Projects. In the event that the proceeds of sales and use taxes authorized herein, plus any other money of the TBD legally available therefore, are insufficient to accomplish all of the TBD Projects, the TBD Board shall use the available funds to pay the cost of those portions of the TBD Projects deemed by the TBD Board most necessary and in the best interests of the inhabitants of the TBD. The TBD 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 TBD Board may alter, make substitutions to, and amend the TBD Project descriptions as it determines is in the best interests of the public and the TBD District consistent with the general descriptions provided above and in accordance with the material change policy adopted by the TBD Board, and the notice, hearing and other procedures described in Chapter 36.73 RCW, including RCW 36.73.050(2)(b), as necessary. If the TBD 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 TBD Board shall not be required to acquire, construct, or implement such portions of a TBD Project. If all of the TBD Projects have been acquired, constructed, implemented or duly provided for, or found to be impractical, the TBD Board may either dissolve the TBD in accordance with RCW 36.73 or 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 Plan in accordance with the material change policy adopted by the TBD Board and the notice, hearing and other procedures described in Chapter 36.73 RCW, including RCW 36.73.050(2)(b), as necessary. Section 2: Proposition It is hereby found and declared that the best interests of the inhabitants of the TBD require the submission to the qualified electors of the TBD the proposition whether the TBD shall impose a sales and use tax within the limitations established in RCW 82.14.0455 for ratification or rejection at a special election to be held on November 6, 2012. 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 special election to be held within the TBD for approval or rejection, a proposition to impose a sales and use tax in the amount of two -tenths of one percent (.002) of the selling price (in the case of a sales tax), or value of the article used (in the case of a 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 Chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the boundaries of the TBD, for a period of ten years, or until the TBD is dissolved, whichever comes first. 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 Chapter 36.73 RCW. The City Clerk, serving as Secretary of the TBD Board, is hereby authorized and directed to certify said proposition to said official in the following form: LYNDEN, WASHINGTON__,a SALES AND USE TALC FOR TRANSPORTATION IMPROVEMENTS The Board of the Lynden Transportation Benefit District, Lynden, Washington, adopted Resolution No. 2012-1 concerning a sales and use tax to fund certain 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 Transportation Benefit District in accordance with RCW 82.14.0455 for a term of ten years, or until such District is dissolved, whichever is earlier, for the purpose of paying or financing costs of necessary transportation improvement projects listed in Resolution No. 2012-1 and identified in the City of Lynden Transportation Improvement Plan: Should this proposition be approved? Yes? .................................. No? ................................... ,�,.,��-� g 101)� Section 3. Corrections The City Clerk, serving as the Secretary of the TBD 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. Resolution No. 2012-1 Transportation Benefit District 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. The TBD Board hereby declares that it would have passed this resolution and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases has been declared invalid or unconstitutional. PASSED by the Board of the Lynden Transportation Benefit District, Lynden, Washington, at a regular open meeting thereof held this day of .2012. This resolution shall be in full force and effect on , 2012. PASSED BY THE TRANSPORTATION BENEFIT DISTRICT BOARD BY AN AFFIRMATIVE VOTE, IN FAVOR AND AGAINST, THIS DAY OF .2012. ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Resolution No. 2012-1 Transportation Benefit District CHAIR