HomeMy WebLinkAbout2003 - Point Roberts Park and Recreation District 1 Formation Service Area Nov 4,2003 General Election Passed 60.17%TITLE: �
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SEP 3 0 2003
SEP 3 0 2003
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ELECTION SUPERVISOR
13ALLU I LPG Y U U 1
PROOF LAYOUT
PUBLISHED NOTICE OF CLOSING
CERTIFICATION
PUBLISHED NOTICE OF ELECTION
A �3 —
DISTRICT
SECRETARY
f TREASURER'S OFFICE
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POINT ROBERTS FIRE DISTRICT NO.5
Special Election - Proposition No.1
YES - 132 -31
AUTHORIZING PROPERTY TAX LEVIES
'hall Whatcom County Fire Protection District No. 5 be
NO - 134 _3�
authorized to increase its regular permanent property
ax levy from its current rate of $0.78701 cents to $1.44
>r less per thousand dollars of assessed valuation?
COMMISSIONER
JESSE LOFQUIST
NP 136 4
POSITION NO. 1
SHORT 6 6 YR. TERM
Vote For One
COMMISSIONER
BILL H. MEURSING
NP 138 -3�
POSIT ON NO.2
! YR. UNEXPIRED TERM
Vote For One
COMMISSIONER
MADELEINE ANDERSON NP 142 —3�
POSITION NO. 1
6 YEAR TERM
Vote For One
COMMISSIONER
ARTHUR WILKOWSKI NP 144 4
POSITION NO. 2
!YR. Vote ForRED
Vote For One
DAVID NILES NP 145 4
CEMETERY DISTRICT NO. 8
COMMISSIONER
ERNIE T. LOREEN NP 148 —311�
POSITION NO. 1
6 YEAR TERM
Vote For One
POINT ROBERTS PARK & RECREATION DISTRICT 1
Special Election - Proposition No.1
REGULAR PROPERTY TAX LEVY
ES - 211 4
'hall the Point Roberts Park and Recreation District #1 be authorized to
mpose regular property tax levies of $0.145 (fourteen and one half cents)
)r less per thousand dollars of assessed valuation to provide not more than
335,000 (thirty -live thousand dollars) annually for operation and
NO 213 —3�
nalntenance purposes commencing in the year 2003, for collection in years
-
!004, 2005, 2006 and 2007, as specified in Point Roberts Park and
3ecreation District #1 Resolution 2003-1?
COMMISSIONER
IRENE WATERS
NP 215
POSITION NO.1
4 YEAR TERM
Vote For One
COMMISSIONER
BEVERLY B. GRIFFITH
NP 217
POSITION NO.2
4 YEAR TERM
Vote r n
COMMISSIONER
LINDA HUGHES
NP 219 4
POSITION No. 5
DOUGLAS RITCHIE
NP 220 4
TERM
V t One
4oteFor
FORMATION OF A POINT ROBERTS PARK &
RECREATION SERVICE AREA
Shall a park and recreation service area be established District
within the boundaries of Point Roberts, as described in YES - 225 4
Exhibit A to Whatoom County Council Resolution No. 2003-
008, to provide financing for neighborhood park facilities, District
improvements, or services? NO - 227 4
IMPORTANT INFORMATION
Your absentee return envelope MUST have
your signature on it. An absentee ballot returned
in an envelope without your signature WILL NOT
BE COUNTED.
Your signature should look similar to the one on
your voters registration form.
If you think your signature has changed, contact
the Whatcom County Auditor's Office at
(360) 676-6742 or (360) 676-6745.
TOP FOUR REASONS FOR
DISQUALIFICATION:
• No signature
• Late postmark. Ballots must be postmarked
no later than election day.
• Signature does not match.
• Two ballots in one absentee return envelope.
You are eligible to vote in
this election if:
• You are a citizen of the United
States
• At least 18 years old
• Resident of Whatcom County for
30 days prior to the election
• Not presently being denied your
civil rights as a result of being
convicted of a felony
If you are not sure about your eligibility,
contact the Whatcom County Auditors
Office at (360) 676-6742 or
(360) 676-6745.
AV 014
Absentee Voter Guide
GENERAL ELECTION
November 4, 2003
COUNTY OF WHATCOM
State of Washington
VOTER INSTRUCTIONS
Read All Instructions Carefully Before Voting.
Failure to follow these instructions may
invalidate your ballot.
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 Absentee 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.
Now that you have
received your
Absentee ballot,
please use it instead
of going to your poll
site on election day.
OPEN AND COMPLETELY
UNFOLD THIS BALLOT GUIDE
OFFICIAL CANVASS OF THE FORMATION ELECTION HELD IN POINT
ROBERTS, WHATCOM COUNTY, STATE OF WASHINGTON ON TUESDAY, THE 4th
DAY OF NOVEMBER, 2003, FOR THE FORMATION OF A POINT ROBERTS PARK AND
RECREATION SERVICE AREA.
CERTIFICATE OF CANVASSING BOARD
STATE OF WASHINGTON )
) ss.
COUNTY OF WHATCOM...)
The undersigned, being the offices designated by the law and constituting the Canvassing
Board in and for purposed Point Robert Park and Recreation Service Area, Whatcom County,
State of Washington, described as follows:
The exterior boundaries of the proposed park and recreation service area are as follows:
Exhibit A
Beginning at the point in Sec 33, T 41N, R 3W, where the international
boundary line intersects the meander line at the west side of Georgia
Strait; then southerly and easterly along the meander line and continuing
northerly along the meander line of the west side of Boundary Bay to its
intersection with the international boundary line in Sec 35, T 41N, R 3W;
then west approximately 2 1 /2 miles to the point of beginning.
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 Special
Election for the formation of Point Roberts Park and Recreation Service Area, Whatcom County,
State of Washington held on the 4a' day of November 2003 have in no wise been altered by
additions or erasures, and that they are the same as when they were deposited in my office.
w
Cou ty Aud u e isor of Election
By Chief D ►ty Auditor
Subscribed and sworn to before me this 19th day of November 2003.
�Y COG\
J I N A ��o .. 2 . , C ty Le slative Authority
qb
� .
V c o u N T Y Tfi,IQ Plts of said canvass as found and determined by us is set forth herein as follows:
-� r r• :1 •1
= TA r l or ;l ;l
4 p�
FORMATION OF A POINT ROBERTS PARK &
RECREATION SERVICE AREA
Shall a park and recreation service area be established District
within the boundaries of Point Roberts, as described In YES - 225 4
Exhibit A to Whatcom County Council Resolution No. 2003-
009, to provide financing for neighborhood park facilities, District
Improvements, or services? NO - 227 4
TOTAL VOTES CAST
DISTRICT YES
DISTRICT NO
210 60.17%
139 39.83%
PASSED WITH MAJORITY VOTE
The canvass has been completed this 19th day of November 2003.
�J Y C o o
� fNNAt 2
V.' couifTV C
=TAI! or
^6tod'.
2
1
Coun y Aud' o o isor of Elections
By Chief D ty Au itor
o 4tyLO(sAlativeAut6rity
/ § rx--��
County Depbh Prosecuting Attorney
OFFICIAL CANVASS OF THE FORMATION ELECTION HELD IN POINT
ROBERTS, WHATCOM COUNTY, STATE OF WASHINGTON ON TUESDAY, THE 4th
DAY OF NOVEMBER, 2003, FOR THE FORMATION OF A POINT ROBERTS PARK AND
RECREATION SERVICE AREA.
CERTIFICATE OF CANVASSING BOARD
STATE OF WASHINGTON )
) ss.
COUNTY OF WHATCOM...)
The undersigned, being the offices designated by the law and constituting the Canvassing
Board in and for purposed Point Robert Park and Recreation Service Area, Whatcom County,
State of Washington, described as follows:
The exterior boundaries of the proposed park and recreation service area are as follows:
Exhibit A
Beginning at the point in Sec 33, T 41N, R 3W, where the international
boundary line intersects the meander line at the west side of Georgia
Strait; then southerly and easterly along the meander line and continuing
northerly along the meander line of the west side of Boundary Bay to its
intersection with the international boundary line in Sec 35, T 41N, R 3W;
then west approximately 2 1/2 miles to the point of beginning.
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 Special
Election for the formation of Point Roberts Park and Recreation Service Area, Whatcom County,
State of Washington held on the 4 h day of November 2003 have in no wise been altered by
additions or erasures, and that they are the same as when they were deposited in my office.
Cou ty Audk6 tt er�isor of Election
By Chief D ty Auditor
Subscribed and sworn to before me this 19th day of November 2003.
��Y CpsIU ILJ
x
A rcp0 C ty Le slative Authority
� s 1
V 0 u N r r Tiiitzsplts of said canvass as found and determined by us is set forth herein as follows:
FORMATION OF A POINT ROBERTS PARK &
RECREATION SERVICE AREA
Shall a park and recreation service area be established
District
within the boundaries of Point Roberts, as described in
YES - 225 4
Exhibit A to Whatoom County Council Resolution No. 2003-
District
009, to provide financing for neighborhood park facilities,
improvements, or services?
NO - 227 4
TOTAL VOTES CAST
DISTRICT YES
DISTRICT NO
210 60.17%
139 39.83%
PASSED WITH MAJORITY VOTE
The canvass has been completed this 19t" day of November 2003.
�,J� Coe
Oo 4 rc�
cou�rr
lot ot.
=Thre ar
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Coun*Audiiil, o isor of Elections
By Chief D ty Au ttor
I(Tilty LeX slative Aut ority
County De Prosecuting Attorney
NOTICE OF SPECIAL ELECTION
FORMATION OF A POINT ROBERTS PARK
AND RECREATION SERVICE AREA
November 4, 2003
NOTICE IS HEREBY GIVEN that on Tuesday, November 4, 2003, a Special
Election will be held in Point Roberts for the formation of a Point Roberts Park and
Recreation Service Area.
Proposed boundaries of the Point Roberts Special Recreation Service Area are as
follows:
EXHIBIT A
(Point Roberts Special Recreation Pier Service Area)
Beginning at the point in Sec 33, T 41N, R 3W, where the international
boundary line intersects the meander line at the west side of Georgia
Strait; then southerly and easterly along the meander line and continuing
northerly along the meander line of the west side of Boundary Bay to its
intersection with the international boundary line in Sec 35, T 41N, R 3W;
then west approximately 2 1 /2 miles to the point of beginning.
FORMATION OF A POINT ROBERTS PARK AND
RECREATION SERVICE AREA
Shall a park and recreation service area be established within the
boundaries of Point Roberts, as described in Exhibit A to Whatcom
County Council Resolution No. 2003-009, to provide financing for
neighborhood park facilities, improvements, or services?
...District Yes
...District No
The poll for such special election shall be open from 7:00 o'clock A.M. to 8:00
o'clock P.M.
Shirley Forslof
Whatcom County Auditor and
Ex-officio Supervisor of Elections
Publish: October 29, 2003
NOTICE OF SPECIAL ELECTION
FORMATION OF A POINT ROBERTS PARK
AND RECREATION SERVICE AREA
November 4, 2003
NOTICE IS HEREBY GIVEN that on Tuesday, November 4, 2003, a Special
Election will be held in Point Roberts for the formation of a Point Roberts Park and
Recreation Service Area.
Proposed boundaries of the Point Roberts Special Recreation Service Area are as
follows:
EXHIBIT A
(Point Roberts Special Recreation Pier Service Area)
Beginning at the point in Sec 33, T 41N, R 3W, where the international
boundary line intersects the meander line at the west side of Georgia Strait;
then southerly and easterly along the meander line and continuing northerly
along the meander line of the west side of Boundary Bay to its intersection
with the international boundary line in Sec 35, T 41N, R 3W; then west
approximately 2 1/2 miles to the point of beginning.
FORMATION OF A POINT ROBERTS PARK AND
RECREATION SERVICE AREA
Shall a park and recreation service area be established within the boundaries
of Point Roberts, as described in Exhibit A to Whatcom County Council
Resolution No. 2003-009, to provide financing for neighborhood park
facilities, improvements, or services?
....District Yes
.....District No
The poll for such special election shall be open from 7:00 o'clock A.M. to 8:00
o'clock P.M.
Shirley Forslof
Whatcom County Auditor and
Ex-officio Supervisor of Elections
Publish: October 22, 2003
SPECIAL NOTE: Bellingham Legal notices
For the Formation of a Pt. Roberts Park and Recreation
Service Area which will be on the General Election Nov.
4, 2003:
Law requires two legal notices of the election one on
(October 22, 2003) which is one week prior to the
regular notice of the election and also the (Oct. 29, 2003)
regtilar notice. Also need to include the legal
descril)tion of the district.
STATE OF WASHINGTON, SS Affidavit of Publication
COUNTY OF WHATCOM, }
(L5103) NOTICE OF
SPECIAL ELECTION
FORMATION OF A
POINT ROBERTS
PARK AND RECREA-
TION SERVICE AREA
November 4, 2003
NOTICE IS HEREBY
GIVEN that on Toes ft,,
November 4, 20W. a Spe-
cial Election Kill be held
in Point Roberts far the
formation of a Point Rob-
erts Park and Recreation
Service Area.
Proposed boundaries of
the Point Roberts Special
Recreation Service Area
are as follows:
EXHIBIT A
[Point Roberts Special
Recreation Pier Service
Area)
Beginning at the point in
See 33, T 41N, R. 3W,
where the international
boundary line intersects,
the meander line at the
west side of Georgia
Slraii; then southerly and
easterly along the mean-
der line and continuittg
northeriy along the mean-
der line of the west side of
Boundary Bay to its inter-
.diOn with the intorna-
tional boundary line in
See 35, T 41N, R 3W; then
west approximately 2 1!2
miles to the point of bL-
j i"'nn�.
FOR &&ION OF A
POINT ROBERTS
PARK AND RECREA-
TION SERVICE AREA
Shall a park and recrea-
tion senice aim: be estab-
lished within the bounda-
ries of Point Roberts, as
described in Exhibit A to
Whatcom County Council
Resolution No. 200$-400,
to provide rutanriim, for
neighborhood park Taeifi-
ties, improvements, or
services?
District Yes i1
liistrict No L,'
The pull For such srxm.al
election shall be open
From "e:00• o'clock A.M. to
$:00 o'clock P.hI.
Shirley. Fomlof
what cum Councv ALAtor
and L�:-ofHcia tperviaor
of Elections
Kathy Kincaid 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 Delaware 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 an correct copy of the original (and
hereinafter referred to as "Notice") was published in the regular an
entire issue, and not in supplement, of each number of said newspa-
per published and circulated on the following dates, to wit:
October 22, 29, 2003
that for more than six months prior to the date of the first publication
of said Notice, at all times since, and now, the said "The Bellingham
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, Washington, the same
being at all times printed either in whole or in part in an office main-
tained at said place of publication; that such newspaper 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 $
0 a r',
Subscribed and sworn to before me this a
31st day of October , 200 3
NOTARY LTBLIC in and f r e State o ashirlgton,
residing at Bellingham
STATE OF WASHINGTON. SS Affidavit Of Publication
COUNTY OF WHATCOM, }
(L5103) NOTICE OF
SPECIAL ELECTION
Kathy Kincaid being first duly sworn on oath
FORMATION OF A
says: That (s)he is the Public Notices Clerk of The Bellingham
PAMAND RECREA-
TION SERVICE
November 4 200033 A
Herald, a daily newspaper of general circulation in said county and
NOTICE IS HEREBY
GIVEN that on Tuesday,
state and of Federated Publications, Inc., a Delaware Corporation
November 4, 2003, a Spe-
cial Election will be field
(publisher of said newspaper), and authorized to make this affidavit;
in Point Roberts for the
formation of a Point Rob-
that the legal notice entitled in the cause and court named on the
erts Park and Recreation
Service Area
Proposed boundaries of
attached co which is a true an correct co of the original and
copy copy
the Point Roberts Special
Recreation Service Area
hereinafter referred to as "Notice") was published in the regular an
are as follows:
XH EIBIT A
entire issue, and not in supplement, of each number of said newspa-
(Poinl Roberts Special
Recreations Pier Service
per published and circulated on the following dates, to wit:
Beginnin
Sec 33, g at the point in
T 41NR 3W
,
October 22, 29, 2003
where the internationai
boundary line intersects
the meander line at the
west side of Georgia
Strait; then southerly and
easterly along the mean-
that for more than six months prior to the date of the first publication
der line and continuing
northerly along the mean-
line
of said Notice, at all times since, and now, the said "The Bellingham
der of the west side of
BoundaryBay to its inter-
section with the inlerna-
Herald" has been established, published and circulated in the
tional boundary line in
See 35, T 41N, A 3W; then
English language continuously and continually as a daily newspaper
west approximately 2 0miles to the point of be-
in the city of Bellingham, Whatcom County, Washington, the same
guutin .
1ATION OFS
being at all times printed either in whole or in part in an office main -
POINT ROBERTS `S RVIC �n
tained at said place of publication; that such newspaper has been
Shall a park and recrea-
tion service area be estab•
approved as a legal newspaper by order of the Superior Court of
lished within the•botfnda-
ries of Point Roberts, as
Whatcom County, Washington; that the full amount of the fee
described in Exhibit A to
Whatcom County Council
Resolution Nn. 2003 n04,
charged for $
]e
to provide financing for
neighborhood park facili-
:;,.ullication
ties, or
servic tmYmvements,
DisLries
District No L
\\\\\\`aty C Y
............
The poll for such special
`��•
-
N O 7Aj
election shall be open
from 7:00. o'clock A.M. to
8:00 o'clock PM.
—
1 co Fi 9 —
Subscribed and sworn to before me this = D 0a,n ` =_
"irley Fbrslof
Whatmm County Auditor
0. —
31 s t day of 0 c Cob er , 200 3 m '• AL S .
and Ex-afficio Supervisor
of Elections
��• 0,� C'
��~
14
nand
NOTARY UBL1` f r 1e State o ashineton.
residing at Bellingham
WHA TCOM CO UNTY CO UNCIL AGENDA BILL
NO. 2002 - 3 51 C
CLEARANCES Date Date in Council Office Agenda Date Assigned To
Orig. Dept.: County Council
2/5/2003
__Received
l
VL-� V V U
FEB 0 5 2003
WHATCOM COUNTY
COUNCIL
2/11/2003
Council - Public Hearing
Division Head:
Dept. Head:
Prosecutor.
Budget:
Executive:
SUBJECT. -
Election for the Proposed Point Roberts Special Recreation Service Area.
ATTACHMENTS
SUMMARY STATEMENT.-
Related County Contract #: Should the Clerk schedule a hearing? (Y/N) Y
Ordering an Election for the Proposed Point Roberts Special Recreation Service Area.
RECOYWil fL:,N'DED AIOTION (for final action):
COUNCIL ACTION TAKEN
2002 - 351 C 2/11/03: Public Hearing. Council approved 7-0. Res. #2003-
013
Requested Date: 2/11/2003
Related File Numbers: Ordinance or Resolution Number (this item only):
Res. 2003-013
1 Point Roberts Election Resolution
2 PROPOSED BY: Citizen
3 SPONSORED BY: Consent
4 INTRODUCED: November 12, 2002
5
6
7 RESOLUTION NO. 2003-013
8
9
10 ORDERING AN ELECTION FOR THE
11 PROPOSED POINT ROBERTS SPECIAL RECREATION SERVICE AREA
12
13 WHEREAS, on September 10, 2002, the Whatcom County Council
14 received a petition from the Point Roberts Chamber of Commerce in
15 support of the creation of a Pt. Roberts Special Recreation Service Area;
16 and
17
18 WHEREAS, attached to the petition was a certificate of sufficiency
19 signed by the Whatcom County Auditor certifying that the petition
20 contained the signatures of at least ten percent of the registered voters
21 within the proposed recreation service area boundaries; and
22
23 WHEREAS, in accordance with RCW 36.68, the Whatcom County
24 Council has reviewed the reports and studies received from the Point
25 Roberts Chamber of Commerce which determine the feasibility of forming
26 the district and outline costs involved in obtaining the objectives set forth
27 in the petition; and
28
29 WHEREAS, on February 11, 2003, the Whatcom County Council held
30 a public hearing in accordance with RCW 36.68.450; and
31
32 WHEREAS, at the conclusion of the public hearing the Council voted
33 to forward the petition to the Whatcom County Auditor by approving
34 Resolution No. 2003-013.
35
36 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council
37 that the Whatcom County Auditor shall set an election for this proposed
38 Point Roberts Special Recreation Service Area to be held at the next general
39 election or at a special election held for such purpose, submitting to voters
40 within the proposed district the following proposition:
41
1
2
3
4
5
.6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
FORMATION OF A POINT ROBERTS PARK AND
RECREATION SERVICE AREA
Shall a park and recreation service area be
established within the boundaries of Point
Roberts, as described in Exhibit A to Whatcom
County Council Resolution No. 2003-009, to
provide financing for neighborhood park
facilities, improvements, or services?
.....District YES ❑
.....District NO ❑
APPROVED this 11 day Of February , 2003.
ATTEST:
Dana Brown -Davis,
Clerk of the Council
A ROVED AS TO FORM
Civil D ty Prosecutor
WHATCOM COUNTY COUNCIL
WH TCOM COU TY, WASHINGTON
Dan McShane, Council Chair
l
EXHIBIT A
(Point Roberts Special Recreation Pier Service Area)
Proposed boundaries of the Point Roberts Special Recreation Service Area are as follows:
Beginning at the point in Sec 33, T 41N, R 3W, where the international
boundary line intersects the meander line at the west side of Georgia
Strait; then southerly and easterly along the meander line and
continuing northerly along the meander line of the west side of
Boundary Bay to its intersection with the international boundary line in
Sec 35, T 41N, R 3W; then west approximately 2 1/2 miles to the point
of beginning.
Point Roberts Pier Resolution
SPONSORED BY: Consent
PROPOSED BY: Citizens
INTRODUCTION DATE: 1/28/2003
i3��il>�1 � • ► ► • �Z� � � •7
SETTING HEARING AND NOTICE OF HEARING ON PROPOSED
CREATION OF A POINT ROBERTS SPECIAL RECREATION PIER SERVICE AREA
WHEREAS, on September 10, 2002, the Whatcom County Council received a petition
from the Point Roberts Chamber of Commerce in support of the creation of a Pt. Roberts
Special Recreation Service Area; and
WHEREAS, attached to the petition was a certificate of sufficiency signed by the
Whatcom County Auditor certifying that the petition contained the signatures of at least ten
percent of the registered voters within the proposed recreation service area boundaries; and
WHEREAS, in accordance with RCW 36.68, the Council requested and received various
reports and studies from the Point Roberts Chamber of Commerce that, according to the
service area proponents, determine the feasibility of forming the district and outline costs
involved in obtaining the objectives set forth in the petition; and
WHEREAS, on November 12, 2002, the Whatcom County Council approved Resolution
2002-045, requesting additional information from the district proponents; and
WHEREAS, the Council has received the requested information; and
WHEREAS, the next step in the process calls for the county legislative authority to hold
a public hearing.
NOW THEREFORE BE IT RESOLVED by the Whatcom County Council that a public
hearing on this matter shall be held on the 11th day of February, 2003, at 7:00 PM in the
Whatcom County Council Chambers, 311 Grand Avenue, Whatcom County, Washington; and
BE IT FURTHER RESOLVED that the boundaries of the proposed service area are
outlined in Exhibit A to this resolution; and
BE IT FURTHER RESOLVED that Whatcom County assumes no responsibility for future
funding the pier; and
BE IT FINALLY RESOLVED that the Clerk of the Whatcom County Council shall give
notice of such hearing in the manner prescribed by law under RCW 36.68.
APPROVED this 28th day of January, 2003.
WHATCOM COUNTY COUNCIL
WHA COM COUNTY, ASHINGTON
Dana Brown -Davis, Clerk of the Council Dan McShane, Chair of the Council
PROVED AS TO FORM:
/11_OF
David dftlnt, Civil Deputy Prosecutor
EXHIBIT A
(Point Roberts Special Recreation Pier Service Area)
Proposed boundaries of the Point Roberts Special Recreation Service Area are as follows:
Beginning at the point in Sec 33, T 41N, R 3W, where the international
boundary line intersects the meander line at the west side of Georgia
Strait; then southerly and easterly along the meander line and
continuing northerly along the meander line of the west side of
Boundary Bay to its intersection with the international boundary line in
Sec 35, T 41N, R 3W; then west approximately 21/2 miles to the point
of beginning.
From: David Grant
To: Shirley Forslof
Date: 11/14/03 9:45AM
Subject: Re: Pt. Roberts Park & Recreation Service Area
Shirley,
RCW 36.68.400 says in relevant part, The members of the county legislative authority, acting ex
officio and independently, shall compose the governing body of any park and recreation service area
which is created within the county..." So the answer to your question below is yes.
Dave
>>> Shirley Forslof 11/14/03 08:53AM >>>
Dave,
Is the County Council the governing Board of the Pt. Roberts Park & Recreation Service Area?
Shirley
Shirley Forslof
Whatcom County Auditor
311 Grand Avenue, Suite 103
Bellingham WA 98225
(360) 676-6744
e-mail sforslof(cDco.whatcom.wa.us
FAX (360) 738-4556
>>> David Grant 11/13/03 04:04PM >>>
Shirley,
I checked chapter 29.04 RCW and chapter 36.68 RCW and found no basis for us to pass the election
costs off to either the Service Area or the Chamber of Commerce. I checked with Dana and reviewed the
Council's resolution setting the issue for election and found no statement there either. As a result, it is my
opinion that the County must bear the cost of the election.
Dave
>>> Shirley Forslof 11/13/03 12:30PM >>>
Dave,
Who is the governing body of the Pt. Roberts Park & Recreation Service Area?.
Who do I bill for the cost of the Election?
I will send a copy of the Canvass of the Election to the County Council for their information in establishing
the Service Area.
Terri La Porte was in my office and she said that the Pt. Roberts Chamber of Commerce has money to
pay the election costs.
She also said that the district has received a $51,000 USDA Federal Service Grant which expires in
December, 2003. The Port of Bellingham will complete the paperwork if they are the authorized signers.
The Pt. Roberts Chamber of Commerce also has money for County Permits.
Please answer as quickly as possible, so the district knows who has authority to sign the grant. Thanks
Shirley
From: Shirley Forslof
To: LaPorte, Terrie
Date: 11/17/03 8:46AM
Subject: Re: Governing Body of Pt. Roberts Park & Recreation Service Area
Terri,
The Whatcom County Council is the governing body of the Pt. Roberts Park & Recreation Service Area.
Contact Dana Brown -Davis, Clerk of the Whatcom County Council, to schedule an item for the County
Council acting as the Governing Board of the Pt. Roberts Park & Recreation Service Area. Dana's phone
number is (360) 676-6690.
Shirley
>>> "Terrie LaPorte" <mplmedbb@whidbey.com> 11/15/03 12:01PM >>>
Thank you for y our attention to this matter.
and in abolute English terms, what does this mean?
Should we be applying to have the Governing body reassigned to: Point
Roberts Parks? or is it already because we formed a Special Parks &
Recreation Service area
Thank you
Terrie
----- Original Message -----
From: "Shirley Forslof' <SForslof anco.whatcom.wa.us>
To: <mplmedbb(a.whidbey com>
Sent: Friday, November 14, 2003 10:18 AM
Subject: Governing Body of Pt. Roberts Park & Recreation Service Area
Terrie,
RCW 36.68.400 says in relevant part that the members of the county
legislative authority, acting ex-officio and independently, shall compose
the governing body of any park and recreation service area which is created
within the county. Therefore the County Council is the governing body of
Pt. Roberts Park and Recreation Service Area.
The next two regular County Council meetings and committee meetings are
November 25 and December 9.
The contact person for the County Council to place an item on the agenda is
Dana -Brown Davis, Clerk of the Council at (360) 676-6690 Extension 50739 or
Marina Engels, Deputy Clerk at (360) 676-6690 Ext 50730. The phone number
to call the Council office is (360) 676-6690 or e-mail
Councilna co.whatcom wa.us.
A Certified Copy of the Canvass of the Election will be transmitted to the
County Council prior to their November 25 meeting.
If you have any other questions, please let me know
Sincerely,
Shirley
Shirley
Shirley Forslof
Whatcom County Auditor
311 Grand Avenue, Suite 103
Bellingham WA 98225
(360) 676-6744
e-mail sforslof cDco.whatcom.wa.us
FAX (360) 738-4556
Shirley Forslof
Whatcom County Auditor
311 Grand Avenue, Suite 103
Bellingham WA 98225
(360) 676-6744
e-mail sforslof@co.whatcom.wa.us
FAX (360) 738-4556
From:
David Grant
To:
Terrie LaPorte
Date:
8/4/03 11:52AM
Subject:
Re: Wording for Ballot for Special Recreation Distr for Point Roberts
Ms. LaPorte:
As you are aware, the Council considered the language to use for the ballot title for this measure at their
February 11, 2003 meeting. The creation of the service area is controlled by Chapter 36.68 RCW. RCW
36.68.470(2) specifies that:
"... The proposition submitted to the voters by the county auditor on the ballot shall be in substantially the
following form:
FORMATION OF PARK AND
RECREATION SERVICE AREA
Shall a park and recreation service area be established for the area
described in a resolution of the legislative authority of ...... county,
adopted on the ..... day of ...... 19..., to provide financing for
neighborhood park facilities, improvements, and services?
Yes ...... No ......
The wording of the ballot title adopted by the Council was done at the February meeting, after a public
hearing was held in which you testified. The wording of the adopted ballot title parallels that required by
RCW 36.68.470(2). It is also the same wording as that which was proposed and published in the Council
agenda packet for its consideration at that meeting. If you were dissatisfied with the proposed and
eventual adopted language, it would have been appropriate for you to address the Council with your
concern at that time.
At the present time, neither myself nor the Auditor can alter the language of the ballot title. Under Chapter
36.68 RCW, the crafting of the wording of the ballot title is clearly a legislative function for the County
Council alone. While the Auditor is correct that I approved the wording as to form because it comported
with the requirements of RCW 36.68.470(2), any change must come from the Council. That is obviously
something outside my power.
Finally, as to your proposed change, it does not seem to be supported by either the law or the facts of this
ballot measure. The law requires a form which follows that quoted above, which was done in this case.
The facts support the adopted language as well because, if passed, the service area would indeed be
formed regardless of whether the pier is eventually built. Your suggested language seems to me to imply
that the area may not be formed unless and until a pier is built, which is not the case. While your group
may certainly publish the fact that the additional pier maintenance tax levies may not be sought until after
the pier is built, since the formation of the service area is not dependent upon the construction of the pier,
the current language remains factually correct.
I hope this information answers your question.
David Grant
Deputy Prosecuting Attorney for Whatcom County
>>> "Terrie LaPorte" <mplmedbb@whidbey.com> 07/15/03 05:06PM >>>
Dear Mr. Grant
Could you read the follwing emails from the bottom up, as Shirely did tell
me she had forwarded this to you for your input. Have been awaiting your
response. Are we running out of time to change wording.
Suggested Wording:
Shall a park and recreation service area be establsihed within the
boundaries of Point Roberts, as described in Exhibit A to Whatcom County
Council Resolution No 2003-009, to provide a means to maintain the Pier once
the facility is built?
Terrie,
The Civil Deputy Prosecuting ,'attorney that approved the wording as to form
on the County Council Resolution Ordering an Election for the Proposed Pt.
Roberts Special Recreation Service Area was Dave Grant. His e-mail is
dgrant(cDco.whatcom.wa.us. His phone number is (360) 676-6784 Ext 50715.
1 will forward a copy of your e-mail to Dave Grant.
Sincerely,
Shirley Forslof
Shirley Forslof
Whatcom County Auditor
311 Grand Avenue, Suite 103
Bellingham WA 98225
(360) 676-6744
e-mail sforslof(c)co.whatcom.wa.us
FAX (360) 738-4556
>>> "Terrie LaPorte" <mplmedbb(a)whidbev.cam> 05/27/03 12:23PM >>>
----- Dear Shirley,
I have pulled off from the Internet a copy of the Resolution AB2002-351C
ordering an election for the proposed Point Roberts Special Recreation Pier
Distric AreA and have trouble with the wording as set out.
Shall a park and recreation service area be establsihed within the
boundaries of Point Roberts, as described in Exhibit A to Whatcom County
Council Resolution No 2003-009, to provide financing for neighbourhood park
facilites, improvements, or services?
who do I direct this to, to have this read:
Shall a park and recreation service area be establsihed within the
boundaries of Point Roberts, as described in Exhibit A to Whatcom County
Council Resolution No 2003-009, to provide a means to maintain the Pier once
the facility is built?
This was our intention for forming the district and find that the first
writing is misleading.?
Please advise proceedure.
Regards
Terrie
For the Point Roberts Chamber, Pier Feasibiity Study coordinator
Terrie LaPorte, Innkeeper
Maple Meadow B&B in
Beautiful Pt. Roberts, WA
360-945-5536
Terrie LaPorte, Innkeeper
Maple Meadow B&B in
Beautiful Pt. Roberts, WA
360-945-5536
CC: Shirley Forslof
Whatcom County
Auditor's Office
Whatcom County Courthouse
311 Grand Avenue, Suite 103
Bellingham, WA 98225-4186
(360) 676.67409360)738.4556 *FAX 738.4555 TDD
E-mail: auditor@co.whatcom.wa.us
www.co.whatconi.wa.us/auditor/
February 13, 2003
Shirley Forslof, County Auditor
Richard Griffith, Chief Deputy
2003 SPECIAL ELECTION
VALIDATION FIGURE
FOR FORMATION
OF SPECIAL RECREATION AREA
The validation figures are based on the number of voters who cast ballots for the office of county
legislative authority within the proposed service area in the last proceeding General Election held
on November 6, 2001.
Number of Persons 40%
District Voting November 2001 Turnout
Proposed
Point Roberts Special
Recreation Service Area 236 142
2003 FUTURE ELECTION DATES
(RCW 29.13.010 and. 070)
2003 Possible Election Dates
April 22, 2003
May 20, 2003
September 16, 2003
November 4, 2003
60%
Yes Vote
57
45 day cutoll lot• !"esolutions
March 7, 2003
April 4, 2003
August 1, 2003
September 19, 2003
Shirley Forslo Whatcom County Auditor
Licensing/Recording Elections Administration/Internal Audit "1 fY FAX
360-676-6744
360-676-6740 360-676-6742 360-676-6740 ext.50065 360-738-4555 360-738-4556
WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 2002 - 3 51 C
CLEARANCES Date Date Received in Council Office Agenda Date Assigned To
Orig. Dept.: County Council
2/5/2003
{{
U
FEB 0 5 2003
4j,`UATCOM COUNTY
COUNCIL
2/11/2003
Council - Public Hearing
Division Head:
Dept. Head:
Prosecutor:
Budget:
Executive:
SUBJECT. -
Election for the Proposed Point Roberts Special Recreation Service Area.
ATTACHMENTS
SUMMARY STATEMENT.-
Related County Contract #:
'i Should the Clerk schedule a hearing? (Y/N) Y Requested Date: 2/11/2003
Ordering an Election for the Proposed Point Roberts Special Recreation Service Area.
RECOMMENDED MOTION (for final action). -
COUNCIL ACTION TAKEN
2002 - 351 C 2/11 /03: Public Hearing. Council approved 7-0. Res. #2003-
013
Related File Numbers:
Ordinance or Resolution Number (this item only):
Res. 2003-013
1 Point Roberts Election Resolution
2 PROPOSED BY: Citizen
3 SPONSORED BY: Consent
4 INTRODUCED: November 12, 2002
5
6
7 RESOLUTION NO. 2003-013
8
9
10 ORDERING AN ELECTION FOR THE
11 PROPOSED POINT ROBERTS SPECIAL RECREATION SERVICE AREA
12
13 WHEREAS, on September 10, 2002, the Whatcom County Council
14 received a petition from the Point Roberts Chamber of Commerce in
15 support of the creation of a Pt. Roberts Special Recreation Service Area;
16 and
17
18 WHEREAS, attached to the petition was a certificate of sufficiency
19 signed by the Whatcom County Auditor certifying that the petition
20 contained the signatures of at least ten percent of the registered voters
21 within the proposed recreation service area boundaries; and
22
23 WHEREAS, in accordance with RCW 36.68, the Whatcom County
24 Council has reviewed the reports and studies received from the Point
25 Roberts Chamber of Commerce which determine the feasibility of forming
26 the district and outline costs involved in obtaining the objectives set forth
27 in the petition; and
28
29 WHEREAS, on February 11, 2003, the Whatcom County Council held
30 a public hearing in accordance with RCW 36.68.450; and
31
32 WHEREAS, at the conclusion of the public hearing the Council voted
33 to forward the petition to the Whatcom County Auditor by approving
34 Resolution No. 2003-013.
35
36 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council
37 that the Whatcom County Auditor shall set an election for this proposed
38 Point Roberts Special Recreation Service Area to be held at the next general
39 election or at a special election held for such purpose, submitting to voters
40 within the proposed district the following proposition:
41
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
FORMATION OF A POINT ROBERTS PARK AND
RECREATION SERVICE AREA
Shall a park and recreation service area be
established within the boundaries of Point
Roberts, as described in Exhibit A to Whatcom
County Council Resolution No. 2003-009, to
provide financing for neighborhood park
facilities, improvements, or services?
.....District YES ❑
.....District NO ❑
APPROVED this 11 day of February , 2003.
ATTEST:
Dana Brown -Davis,
Clerk of the Council
A ROVED AS TO FORM
— V-V-� �-�
Civil D46ty Prosecutor
WHATCOM COUNTY COUNCIL
WH TCOM COUfkFY, WASHINGTON
A4---
Dan McShane, Council Chair
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.co.whatcom.wa.us/auditor
August 20, 2002
SHIRLEY FORSLOF
COUNTY AUDITOR
RICHARD GRIFFITH, C.P.A.
CHIEF DEPUTY
I, Shirley Forslof, Whatcom County Auditor, have received by mail
the Petition for the Formation of a Special Recreation Service Area for Point Robert,
Washington (RCW 36.68.400)
The petition has eleven (11) pages with 77 signatures.
Shirley F rslof
Whatcom County Auditor
August oZ7 , 2002
.q, f-- am receipt of the Petition For the
Formation of a Special Recreation Service Area For Point Robert, Washington
(RCW.36.68.400. Said petition contains eleven pages, a total of 77 signatures with 53
signatures of registered voters in the Pt. Roberts Precinct. sOel-,A,,7 ,s
Licensing/Recording
360-676-6740
Elections
360-676-6742
Administration/Internal Audit
360-676-6744
360-676-6740 ext 50065
TTY
360-738-4555
FAX
360-738-4556
; Shirley Forslof - Re: Petition for the Formation of a Special Recreation Service Area for Pt. Roberts Page 1
From: David Grant
To: Shirley Forslof
Date: 8/22/02 11:46AM
Subject: Re: Petition for the Formation of a Special Recreation Service Area for Pt. Roberts
Shirley & Rich,
Yes, that's still good law. Go with that provision in calculating the number for our petition purposes.
>>> Shirley Forslof 08/22/02 10-.07AM >>>
Dave, Randy & Rich,
I just talked to Dean Logan, Director of Elections with the Secretary of State's office and their
interpretation of RCW 29.10.081 (2) Election officials shall not include inactive voters in the count of
registered voters for the purpose of dividing precincts, determining voter turnout, or other purposes in law
for which the determining factor is the number of registered voters. Their opinion is that only the number
of active registered voters be counted when determining the 10% validation number on the petition for the
formation of a Special Recreation Service Area. I agree with the interpretation of the Secretary of
State's office.
Let me know if you can support the Secretary of State's position under RCW 29.10.081 (2)
Thanks,
Shirley
>>> David Grant 08/21/02 11:36AM >>>
Shirley & Rich:
The petition is not subject to a "terminal date" per se. Instead RCW 36.68.430 states as follows:
"Petitions shall be submitted to the county auditor who shall verify the signatures thereon to determine that
the petition has been signed by the requisite number of persons who are registered voters within the
proposed service area. If the petition is found not to have the requisite number of signatures, it shall be
returned to the petitioners. If the petition is found to be sufficient, the auditor shall so certify and transmit
the same to the board of county commissioners."
So, while there is not a specific terminal date, if you determine that the "requisite number of signatures"
has not been achieved, you are told to return the petition to the petitioners. You would not certify it as
being sufficient. It would not be transmitted to the Council.
Now, as to the question of how many signatures are required, RCW 36.68.410 says the threshold for
certification and transmittal to the County Council is "ten percent of the registered voters within the
proposed park and recreation service area." This threshold does not seem to distinguish between active
or inactive voters. Under Title 29, Elections, a "registered voter" is defined as "any elector who possesses
all of the statutory qualifications to vote under chapters 29.07 and 29.10 RCW." See, RCW 29.01.137.
So, unless you can rely upon some ruling (administrative code provision) of the Secretary of State which
implements the distinction you wish to draw between active and inactive voters, the threshold percentage
for this petition ought to be based on your records showing the absolute number of "registered voters"
within the proposed district as RCW 36.68.410 does not draw any distinction between "active" versus
"inactive" registered voters.
>>> Shirley Forslof 08/20/02 05:05PM >>>
AUG 2 6 2002
The Point Roberff-C. Auditors
Chamber of Commerce
P. O. Box 128
Point Roberts, Wa 98281
360-945-2313 Fax; 360-945-2855
www.PointRobertsChamber.com
...............................................................
The Point Roberts Chamber is under grant from the USDA -Forest Service
August 24th,2002
Shirley Forslof Office
Whatcom County Auditor
311 Grant Avenue Stuie 103
Bellingham, WA 98225
Attn: Assistant to Shirley Fors/of
Dear Sir,
I thank you so much for your call letting us know, even after we had started
over on the petition that a supplement to the original petition would work. I
have enclosed additional sheets and taken the liberty of writing on the left
side with pencil those that are new to sign the petition. OL means original
List and X means, can't find their name on the list I find it unusual in the
case of Lori Bernd, as she personally showed me her voters card
I have verified the original petition with the Voters list that Ethel forwarded,
but unfortunately it could not be opened, and your co worker Mr. Pete
Griffiths (who I must say, went beyond the call of duty to be helpful,
Thankyou!) forwarded the files required Having checked the original list
came up with 62, that were on that original list and would be happy to
forward as that would have brought us to the correct amount required On
the new sheets I have confirmed that there are 38 more voters that are on
your list I am so hoping that this will allow us to move forward and have
this on the ballot
Looking forward to your confirmation of same, and once again, thank you
office for their continued support in helping us to accomplish this mission.
Terri ,
Point Roberts Chamber
Point Roberts Chamber of Commerce is an equal opportunity employer.
36.68.460
Title 36 RCW: Counties
service area may not be enlarged unless the property owners
within the area to be added consent to their inclusion in
writing; or unless the board gives the property owners of the
area to be added, written notice, mailed to their regular
permanent residences as shown on the latest records of the
county auditor, five days prior to a regular or continued
hearing upon the formation of the proposed service area.
(3) A full definition or explanation of the nature of
improvements or services to be financed by the proposed
service area.
(4) Whether or not the objectives of the service area are
feasible.
(5) The number or name of the service area.
If satisfactory findings cannot be made by the board, the
petition or resolution shall be dismissed, and no petition or
resolution embracing the same area may be accepted or
heard for at least two years. [1963 c 218 § 7.1
36.68.470 Resolution ordering election —Election
procedure —Formation. (1) Upon making findings under
the provisions of RCW 36.68.460, the county legislative
authority shall, by resolution, order an election of the voters
of the proposed park and recreation service area to determine
if the service area shall be formed. The county legislative
authority shall in their resolution direct the county auditor to
set the election to be held at the next general election or at
a special election held for such purpose; describe the
purposes of the proposed service area; set forth the estimated
cost of any initial improvements or services to be financed
by the service area should it be formed; describe the method
of financing the initial improvements or services described
in the resolution or petition; and order =that notice of election
be published in a newspaper of general circulation in the
county at least twice prior to the election date.
(2) A proposition to form a park and recreation service
area shall be submitted to the voters of the proposed service
area. Upon approval by a majority of the voters voting on
the proposition, a park and recreation service area shall be
established. The proposition submitted to the voters by the
county auditor on the ballot shall be in substantially the
following form:
FORMATION OF PARK AND
RECREATION SERVICE AREA
Shall a park and recreation service area be established
for the area described in a resolution of the legislative
authority of ...... county, adopted on the .... day of
...... 19..., to provide financing for neighborhood park
facilities, improvements, and services?
Yes ...... No ......
[1981 c 210 § 6; 1963 c 218 § 8.]
SeverabiHty-1981 c 210:- See note following RCW 36.68.400.
36.68.480 Property tax levies or bond retirement
levies —Election. If the petition or resolution initiating the
formation of the proposed park and recreation service area
proposes that the initial capital or operational costs are to be
financed by regular property tax levies for a six -year period
as authorized by RCW 36.68.525, or an annual -excess levy,
or that proposed capital costs are to be financed by the
issuance of general obligation bonds and bond retirement
levies, a proposition or propositions for such purpose or
purposes shall be submitted to the voters of the proposed
service area at the same election. A proposition or propo-
sitions for regular property tax levies for a six -year period as
authorized by RCW 36.68.525, an annual excess levy, or the
issuance of general obligation bonds and bond retirement
levies, may also be submitted to the voters at any general or
special election. [1984 c 131 § 7; 1981 c 210 § 7; 1973 1st
ex.s. c 195 § 38; 1963 c 218 § 9.]
Purpose-1984 c 131 §§ 3-9: See note following RCW 29.30,111.
Severability-1981 c 210: See note following RCW 36.68.400.
Severability—Effective dates—Construction-1973 1st ex.s. c 195:
See notes following RCW 84.52.043.
36.68.490 Annual excess levy or bond retirement
levies —Election procedure —Vote required. In order for
the annual excess tax levy proposition or bond retirement
levies proposition to be approved, voters exceeding in
number at least sixty percent of the number of voters who
cast ballots for the office of county legislative authority
within the park and recreation area, or within the proposed
service area, in the last preceding general election for that
office must cast ballots on the tax levy proposition, and of
all the votes cast at the election at least sixty percent of said
votes must approve the annual excess tax levy or the bond
retirement levies. - [1981 c 210 § 8; 1963 c 218 § 10.]
Severability-1981 c 210: See note following RCW 36.68.400.
36.68.500 Resolution declaring formation —
Treasurer —Disbursement procedure. If the formation of
the service area is approved by the voters, the county
legislative authority shall by resolution declare the service
area to be formed and direct the county treasurer to be the
treasurer of the service area. Expenditures of the service
area shall be made upon warrants drawn by the county audi-
tor pursuant to vouchers approved by the governing body of
the service area. [1981 c 210 § 9; 1963 c 218 § 11.]
Severability-1981 c 210: See note following RCW 36.68.400.
36.68.510 Local service area fund. If the service
area is formed, there shall be created in the office of the
county treasurer a local service area fund with such accounts
as the treasurer may find convenient, or as the state auditor
may direct, into which shall be deposited all revenues
received by the service area from tax levy, from gifts or
donations, and from service or admission charges. Such
fund shall be designated "(name of county) service area No.
.... fund." Or "(name of district) service area fund."
Special accounts shall be established within the fond for the
deposit of the proceeds of each bond issue made for the
construction of a specified project or improvement, and there
shall also be established special accounts, within the fund for
the deposit of revenues raised by special levy or derived
from other specific revenues, to be used exclusively for the
retirement of an outstanding bond issue or for paying the
interest or service charges on any bond issue. f 1963 c 219
§ 12.]
36.68.520 Annual excess property tax levy —General
obligation bonds. (1) A park and recreation service area
shall have the power to levy annual excess levies upon the
[Title 36 RCW—page 1481 (2002 Ed.)
Parks and Recreational Facilities
36.68.520
property included within the service area if authorized at a
special election called for the purpose in the manner pre-
scribed by section 2, Article VII of the Constitution and by
RCW 84.52.052 for operating funds, capital outlay funds,
and cumulative reserve funds.
(2) A park and recreation service area may issue general
obligation bonds for capital purposes only, not to exceed an
amount, together with any outstanding nonvoter approved
general obligation indebtedness, equal to three -eighths of one
percent of the value of the taxable property within the
service area. Additionally, a park and recreation service area
may issue general obligation bonds, together with any
outstanding voter approved and nonvoter approved general
indebtedness, equal to two and one-half percent of the value
of the taxable property within the service area, as the term
"value of the taxable property" is defined in RCW 39.36.015,
when such bonds are approved 'by the voters of the service
area at a special election called for the purpose in accor-
dance with the provisions of Article VIII, section 6 of the
Constitution. Such bonds shall be issued and sold in
accordance with chapter 39.46 RCW.
Bonds may be retired by excess property tax levies
when such levies are approved by the voters at a special
election in accordance with the provisions of Article VII,
section 2 of the Constitution and RCW 84.52.056.
Any elections shall be held as provided in RCW
39.36.050. 11994 c 156 § 4. Prior. 1984 c 186 § 29; 1984
c 131 § 8; (1983 c 167 § 271 repealed by 1984 c 186 § 70;
and repealed by 1984 c 131 § 10); 1983 c 167 § 83; 1981 c
210 § 10; 1973 1 st ex.s. c 195 § 39; 1970 ex.s. c 42 § 19;
1963c218§ 13.]
Intent-1994 c 156: See note following RCW 36.69.140.
Purpose-1984 c 186: See note following RCW 39.46.110.
Purpose-1984 c 131 §§ 3-9: See note following RCW 29.30.1 1 I.
Effective dates-1983 c 167: "This act is necessary for the
immediate preservation of the public peace, health, and safety. the support
of the state government and its existing public institutions, and shall take
effect itnmediately. except sections 271 and 272 shall take effect July I.
1985." [1983 c 167 § 274.1
Liberal construction—Severability-1983 c 167: See RCW
39.46.010 and note following.
Severability-1981 c 210: See note following RCW 36.68,400.
Severability—Effective dates—Construction-1973 1st ex.s. c 195:
See notes Following RCW 84.52.043.
Severability—Effective date-1970 ex.s. c 42: See notes Following
RCW 39.36.015.
36.68.525 Six -year regular property tax levies —
Limitations —Election. A park and recreation service area
may impose regular property tax levies in an amount equal
to sixty cents or less per thousand dollars of assessed value
of property in the service area in each year for six consecu-
tive years when specifically authorized so to do by a
majority of at least three -fifths of the voters thereof ap-
proving a proposition authorizing the levies submitted not
more than twelve months prior to the date on which the
proposed initial levy is to be made and not oftener than
twice in such twelve month period, either at a special
election or at the regular election of the service area, at
Which election the number of voters voting "yes" on the
Proposition shall constitute three -fifths of a number equal to
forty percent of the number of voters voting in the service
area at the last preceding general election when the number
of voters voting on the proposition does not exceed forty
percent of the number of voters voting in such taxing district
in the last preceding general election; or by a majority of at
least three -fifths of the voters thereof voting on the proposi-
tion if the number of voters voting on the proposition
exceeds forty per centum of the number of voters voting in
such taxing district in the last preceding general election. A
proposition authorizing such tax levies shall not be submitted
by a park and recreation service area more than twice in any
twelve-month period. Ballot propositions shall conform with
RCW 29.30.111. If a park and recreation service area is
levying property taxes, which in combination with property
taxes levied by other taxing districts result in taxes in excess
of the nine -dollar and fifteen cents per thousand dollars of
assessed valuation limitation provided for in RCW
84.52.043, the park and recreation service area property tax
levy shall be reduced or eliminated before the property tax
levies of other taxing districts are reduced. [1994 c 156 § 5;
1984 c 131 § 9.]
Intent-1994 a 156: See note following RCW 36.69.140.
Purpose-1984 c 131 §§ 3-9: See note following RCW 29.30.111.
36.68.527 Community revitalization financing —
Public improvements. In addition to other authority that a
park and recreation service area possesses, a park and
recreation service area may provide any public improvement
as defined under RCW 39.89.020, but this additional
authority is limited to participating in the financing of the
public improvements as provided under RCW 39.89.050.
This section does not limit the authority of a park and
recreation service area to otherwise participate in the public
improvements if that authority exists elsewhere. [2001 c 212
§ 14.]
Severability-2001 c 212: See RCW 39.89.902.
36.68.530 Budgets —Appropriations —Accumulation
of reserves. The governing body of each park and recre-
ation service area shall annually compile a budget for each
service area in a form prescribed by the state auditor for the
ensuing calendar year which shall, to the extent that antici-
pated income is actually realized, constitute the appropria-
tions for the service area. The budget may include an
amount to accumulate a reserve for a stated capital purpose.
In compiling.the budget, all available funds and anticipated
income shall be taken into consideration, including contribu-
tions or contractual payments from school districts, cities, or
towns, county or any other governmental entity, gifts and
donations, special tax levy, fees and charges, proceeds of
bond issues, and cumulative reserve funds. [1995 c 301 §
67; 1981 c 210 § 11; 1963 c 218 § 14.]
Severability-1981 c 210: See note following RCW 36.68.400.
36.68.541 Employees. Park and recreation service
areas may hire employees and may fund all or a portion of
the salaries and benefits of county park employees who
perform work on county park and recreation facilities within
the service area and may fund all or a portion of the salaries
and benefits of city or town park employees who perform
work on city or town park and recreation facilities within the
service area. [1988 c 82 § 2; 1981 c 210 § 12.1
(2002 U ) [Title 36 RCW—page 1491
ABSTRACT ELECTION REPORT RPT DATE: 11/29/2001
RPT #: 108.09
TOTAL FOR ALL PICKUPS PAGE #: 8
General Election Held November 6, 2001
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ABSTRACT ELECTION REPORT RPT DATE: 11/29/2001
RPT #: 108.09
TOTAL FOR ALL PICKUPS PAGE #: 12
General Election Held November 6, 2001
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TOTALS:
1441631978281
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From: David Grant
To: Shirley Forslof
Date: 11 /14/03 9:45AM
Subject: Re: Pt. Roberts Park & Recreation Service Area
Shirley,
RCW 36.68.400 says in relevant part, The members of the county legislative authority, acting ex
officio and independently, shall compose the governing body of any park and recreation service area
which is created within the county..." So the answer to your question below is yes.
Dave
>>> Shirley Forslof 11/14/03 08:53AM >>>
Dave,
Is the County Council the governing Board of the Pt. Roberts Park & Recreation Service Area?
Shirley
Shirley Forslof
Whatcom County Auditor
311 Grand Avenue, Suite 103
Bellingham WA 98225
(360) 676-6744
e-mail sforslof(cDco.whatcom.wa.us
FAX (360) 738-4556
>>> David Grant 11/13/03 04:04PM >>>
Shirley,
I checked chapter 29.04 RCW and chapter 36.68 RCW and found no basis for us to pass the election
costs off to either the Service Area or the Chamber of Commerce. I checked with Dana and reviewed the
Council's resolution setting the issue for election and found no statement there either. As a result, it is my
opinion that the County must bear the cost of the election.
Dave
>>> Shirley Forslof 11/13/03 12:30PM >>>
Dave,
Who is the governing body of the Pt. Roberts Park & Recreation Service Area?.
Who do I bill for the cost of the Election?
I will send a copy of the Canvass of the Election to the County Council for their information in establishing
the Service Area.
Terri La Porte was in my office and she said that the Pt. Roberts Chamber of Commerce has money to
pay the election costs.
She also said that the district has received a $51,000 USDA Federal Service Grant which expires in
December, 2003. The Port of Bellingham will complete the paperwork if they are the authorized signers
The Pt. Roberts Chamber of Commerce also has money for County Permits.
Please answer as quickly as possible, so the district knows who has authority to sign the grant. Thanks
Shirley
Shirley Forslof
Whatcom County Auditor
311 Grand Avenue, Suite 103
Bellingham WA 98225
(360) 676-6744
e-mail sforslof(5)co.whatcom.wa.us
FAX (360) 738-4556
Whatcom County
Auditor's Office
Whatcom County Courthouse
311 Grand Avenue, Suite 103
Bellingham, WA 98225.4186
(360) 676.6740*360)738.4556 *FAX 738-4555 TDD
E-mail: auditor@co.whatcom.wa.us
www.co.whatcom.wa.Lis/auditor/
February 13, 2003
Shirley Forslof, County Auditor
Richard Griffith, Chief Deputy
2003 SPECIAL ELECTION
VALIDATION FIGURE
FOR FORMATION
OF SPECIAL RECREATION AREA
The validation figures are based on the number of voters who cast ballots for the office of county
legislative authority within the proposed service area in the last proceeding General Election held
on November 6, 2001.
Number of Persons 40%
District Voting November 2001 Turnout
Proposed
Point Roberts Special
Recreation Service Area 236 142
2003 FUTURE ELECTION DATES
(RCW 29.13.010 and .070)
2003 Possible Election Dates
April 22, 2003
May 20, 2003
September 16, 2003
November 4, 2003
60%
VPe VntP
57
45 day cutofffor resolutions
March 7, 2003
April 4, 2003
August 1, 2003
September 19, 2003
Shirley Forslo Whatcom County Auditor
Licensing/Recording Elections Administration/Internal Audit TTY FAX
360-676-6744
360-676-6740 360-676-6742 360-676-6740 ext. 50065 360-738-4555 360-738-4556
Whatcom County
Auditor's Office
Whatcom County Courthouse
311 Grand Avenue, Suite 103
Bellingham, WA 98225.4186
(360) 676.6740%360)738-4556 %FAX 738-4555 TDD
E-mail: auditor&o.whatcom.wa.us
www.co.whatcom.wa.us/auditor/
DATE: November 21, 2003
TO: Keith Willnauer
County Assessor
FROM: Shirley Forslof
County Auditor
RE: Copies of Official Canvass of Elections
Shirley Forslof, County Auditor
Richard Griffith, Chief Deputy
Received from Shirley Forslof, Whatcom County Auditor, the following election canvasses of the
four Special Elections held on November 4, 2003.
1. Whatcom Countywide EMS Levy.
2. Point Roberts Fire District No. 5, tax levy.
3. Point Roberts Park and Recreation District No. 1, tax levy
4. Formation of a Point Roberts Park and Recreation Service Area.
Licensing/Recording
360-676-6740
Elections
360-676-6742
Date received �' a,1 /0 3
Administration/Internal Audit
360-676-6744
360-676-6740 ext. 50065
360-738-4555
FAX
360-7384556
Whatcom County
Auditor's Office
Whatcom County Courthouse
311 Grand Avenue, Suite 103
Bellingham, WA 98225.4186
(360) 676.6740x360)738.45W %FAX 738.4555 TDD
E-mail: auditor@co.whatcom.wa.us
www.co.whatcom.wa.us/auditor/
DATE: November 21, 2003
TO: Barbara Cory
County Treasurer
FROM: Shirley Forslof
County Auditor
RE: Copies of Official Canvass of Elections
Shirley Forslof, County Auditor
Richard Griffith, Chief Deputy
Received from Shirley Forslof, Whatcom County Auditor, the following election canvasses of the
four Special Elections held on November 4, 2003.
1. Whatcom Countywide EMS Levy.
2. Point Roberts Fire District No. 5, tax levy.
3. Point Roberts Park and Recreation District No. 1, tax levy
4. Formation of a Point Roberts Park and Recreation Service Area.
Licensing/Recording
360-676-6740
Elections
360-676-6742
Date received l� eZ� 6 !1
By
Administration/Internal Audit
360-676-6744
360-676-6740 ext. 50065
Try
360-738-4555
FAX
360-738-4556
STATE OF WASHINGTON,} ss Affidavit of Publication
COUNTY OF WHATCOM,}
(L5045) NOTICE OF
CLOSING OF THE
REGISTRATION
BOOKS AND SPECIAL
PROCEDURE FOR
LATE, REGISTRATION
The registration books in
all precincts within
Whatcom County, Wash-
ington, will be closed to
original registrations and
transfers between pre-
cincts after Saturday, Oc-
tober 4, 2003, until after
the General and Special )
Elections held on Tues-
day� November 4, 2003.
btad-in voter registration
forms can be picked up at
the following locations.
Auditor's Office
Post Offices
licensing Sub Agents
Whatcom County Rural
Libraries
Bellingham City Fire Sta.
tions
State Drivers License
Berggham Public Librar-I
ies
Major grocery stores
City Clerks Offices
No person may vote in an-
y election unless he or she
Is registered to vote at
least thirty days beforei
that election. If an unreg-
istered person, otherwise
qualified to vote in the
state, county, and.. pre-
cinct in which he or she
applies for registration, is
not registered to vote by
the closing date of Octo-
ber 4, 2003, he or she may
register to vote in person
in the office of the
Malcom County Auditor
and apply for an absentee
ballot for the General
election until October 20,
2003.
This special procedure
for late registration,
which a voter may use to
register to vote after the
close of registration for
voting at the polls,
be nsOctOctober 6 and
ends ober 20, 2003.
Please note the special
registration and voting
procedure can be done
only at the County Audi-
tor s office, 311 Grand Av-
enue Suite 103, Whatcom
County Courthouse.
Shirley Forslof
Whatcom County Auditor
and &-officio Supervisor
of Elections
Kathy Kincaid 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 Delaware 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 an correct copy of the original (and hereinafter referred to as
"Notice") was published in the regular an entire issue, and not in
supplement, of each number of said newspaper published and circulated
on the following dates, to wit: _September 26th. 2003
that for more than six months prior to the date of the first publication of
said Notice, at all times since, and now, the said "The Bellingham
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, Washington, the same being at all times
printed either in whole or in part in an office maintained at said place of
publication; that such newspaper 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 $ 72.72
`���� ptl� G Y6 1, —l1j����ii
.
GN
' : f�A O
Subscribed and sworn to before me this 08 9 m
29th day of Sept. 200 3 M L 07'0
�%Lys s H I.N (a
NOTARY UBLIC in and for t le S ate of Washington,
residing at Bellingham