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HomeMy WebLinkAbout2003 - Point Roberts Park and Recreation District 1 Formation Service Area Nov 4,2003 General Election Passed 60.17%TITLE: � o-rc� SEP 3 0 2003 SEP 3 0 2003 11 �l9 �h3 ROUTER 1`ec�ron ,Sery c� RECEIVED TO PROSECUTOR'S OFFICE FROM PROSECUTOR'S OFFICE 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 /z� o ASSESSOR'S OFFICE `) / / 3 -- 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 �w 0a 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 I I T I C I P I I D I S! I D I F I F I B I IC S I W I I Logical Page # 02-01 1 u l u l e l 10 a I c I Io 0 1 e 1 Ih r 1 a I Io h I a I I 1 ! r l r l r l Ir n I 0 I jr u I n I !a e I s I Iu e I r I I I ! n I r I c I It I t I 1t g I t I It d I t I In r l d I I ! 10 I e I e! I W I t I 1 1 1 0 I IC I i I It r I I I I I u I n I n I IC I I IC I n I I0T I a I lyy I N I ! I I t I t I t I Ior I L 1 100 1 1 Im J I n I I I e I I I I I I I Im n I I Im I W I 10 1 I IC J 1 1 1 ! I T I R I V I Ime I W I ImG I i I IC I S I fou I e I ! 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I I I I I I I I I I I1 I I IA I I I I I 1 I I I I I I I Is I I I I l I f I I I I I I I I I I I I I I I I Lynden Twp 1 I I 1 28SI -6401 16.71 .1 841 1301 1. 1571 381 1 981 145I 1 221 2221 1 1 Lynden Twp 2 1 3831 7131 16.51 1 841 2171 1 2201 321 1 1711 1311 1 331 2941 I Ten Mile 2 1 2631 S931 12.81 1 841 1251 1 1261 601 1 861 1041 1 481 18SI I 1 Ten Mile 5 1 4371 8891 12.91 1 115I 2221 1 1891 1031 1 1461 1381 1 631 2951 I I Maple Falls 1 1 2601 9891 11.81 1 1211 1511 1 1481 931 1 1281 911 1 921 2011 I Maple Falls 2 1 1471 3631 15.21 1 631 511 1 591 391 1 501 341 1 431 831 ' 1 Marietta 1 1 2461 5911 13.21 1 721 1291 1 931 761 s 1 761 641 1 SSI 1451 1 1 Marietta 2 1 2061 6S81 9.41 1 711 951 1 891 531 1 661 601 1 471 1151 1 I Marietta 3 1 871 2311 10.41 1 291 411 1 441 211 1 281 191 1 201 591 1 I Marietta 4 1 3811 8611 11.01 1 1391 1801 1 1491 1331 1 941 1261 1 871 2361 I 1 Mt View 1 1 3651 8101 13.71 1 1021 1741 1 1641 801 1 1031 1101 1 861 2181 I 1 Mt View 4 1 2981 6001 14.01 1 931 1441 1 1291 611 1 901 731 1 65I 185I 1 1 Mt View 3 1 SSBI 10131 19.B1 1 1731 2721 1 2071 1371 1 1781. 1161 1 991 3541 I 1 Nooksack Twp 1 1 3601 8261 18.61 1 1271 1381 1 1471 1011 1 1131 1261 1 691 2281 I 1 Nooksack Twp 2 1 3931 88S1 13.01 1 1231 1621 1 2041 541 1 1311 1821 1 351 2851 1 1 Park 1 4231 7701 18.71 1 1451 2401 1 1741 1041 1 1001 841 1 751 2921 I I Pt Roberts 1 3081 6171 27.91 1 1001 1081 1 1111 671 1 681 621 1 761 1491 I 1 Rome 1 2741 5621 21.91 1 1171 1331 1 1271 671 1 931 611 1 65I 1871 I 1 Ten Mile 1 1 3141 8031 12.51 1 941 1461 1 1331 841 1 1161 1111 1 681 2061 1 1 Ten Mile 3 I 4841 10871 12.21 1 1711 2131 1 22SI 1031 1 1591 1331 1 871 3311 I 1 Valley East 1 4421 9051 15.21 1 1261 2231 1 1B91 871 1 1011 921 1 701 2791 I 1 Valley North 1 2911 9361 12.51 1 961 1241 1 941 911 1 641 671 1 921 1361 I 1 Valley South 1 1721 5361 15.11 1 65I 681 1 561 531 1 391 391 1 451 931 ! 1 Van Wyck 1 1 3741 8421 15.71 1 1411 1701 1 1441 1171 I 951 861 1 881 2331I I Van Wyck 4 1 2861 6911 12.61 1 811 1521 1 1141 781 1 771 611 1 601 1761 1 1 Van Wyck 5 1 2741 6391 12.11 1 831 1321 1 1141 641 1 681 551 1 SBI 1641 1 1 Van Wyck 2 1 4591 9101 8.81 1 1421 2221 1 2091 1041 1 1251 1121 1 891 3041I I van Wyck 3 1 2711 5941 15.71 1 941 1211 1 1201 661 1 761 631 1 561 1741 .1t 1 Lynden City 9 1 201 351 57.11 1 SI 31 1 61 31 1 101 41 1 21 121 .l I Acme 1 1 101 121 83.31 1 31 31 1 11 31 1 11 1 1 31 61 I 1 Baker 2 1 561 1231 45.51 1 191 231 1 181 191 1 131 91 1 201 281 1 I Geneva 1 1 S21 1071 48.61 1 161 25I 1 241 111 1 111 111 I 121 271 1 1 Newhalem 1 231 491 46.91 1 41 101 1 111 31 1 71 21 31 11I I TOTALS: 1 I I 14416319.78281 I I I I I I I I I 45.11 I i I 1154901196171 I I 1 I 1 I I I I 1174011122871 1 I i I I I I I I 1125971115981 I 1 f i I I ! I 1 1106121257941 I I I I I I I I l I I I I ABSTRACT ELECTION REPORT RPT DATE: 11/29/2001 RPT #: 108.09 TOTAL FOR ALL PICKUPS PAGE #: 12 General Election Held November 6, 2001 I T I C I P 1 ICA 1 L I I C S I B I I C M I S I I I Logical Page # 02-02 I u I u I e I Io 1 1 a 1 to h I o I to a I e I I I 1 I 1 r l r I r I lu b I u I 1u a I b I lu r I t I I I I I I n I r I c I In e I r I In r I I In 1 1 h I I I I I I o I e I e I It 11 I Ito 1 W I It I I I I 1 I I u I n I n I ly t I e I ly n I 1 I 1y n I F I I I I I I t I t 1 t I I I I I I e! 1 e 1 1 1 1 1 1 1 I I I 1 1C R I C I IC R I s! lC 1 e I I I l I I T I R I V I IO I a I loo I e I 1oD I e I I I I I 1 h I e I o I I S I s I lu y I n I I a I t 1 I I 1 I 1 1 1 g 1 t I In c I k I In I I In w I w l I I 1 I I s! 1 1 1 I Ic h I e I I I I IC s 1 0 1 1 1 1 I I I a I n I ll r I y I li I I li o 1 0 1 I I 1 I 1 E 1 t I g I Ile I- 1 11 1 1 11 n l d 1 I I l I 1 1 I r I I I l I S I I I I I I 1 I I 1 I 1 e f a I I ID b I 0 I ID I I !A I 1 I I 1 I 1= 1 t I I I e I h 1 I I ! It I 1 I I 1 I I t 1 1 I I Is r I r 1 1s I 1 I- I 1 I I 1 I 11 1 0 I I It I e I ft I I IL I I I I 1 I I o n I I I 11 1 I I Ia I 1 I I 1 I I n I 1 1 12 1 b 1 13 1 1 1r I I I I I e I I I I I I I iI I 1 I Port, Conserv, Co Coun.. I 1 I I I I I 1 1A I I I r I l 1A I I 1 1 1 le l I I 1 1 I I 1 I ! I Lynden Twp 1 1 1 2851 It I 6401 ! 16.71 I 1 I 2191 I 411 I 1 I 371 I 1901 I 1 I 1771 I I I f I S71 I I I Lynden Twp 2 1 3831 7131 16.51 1 2691 791 1 631 2621 1 2491 tI 881 1 1 1 1 Ten Mile 2 1 2631 S931 12.81 1 1361 971 1 721 1521 1 1441 861 1 1 1 I Ten Mile 5 I 4371 8891 12.91 1 2181 1641 1 1291 2211 1 2111 1641 1 1 1 I Maple Falls 1 1 3601 9891 11.81 1 1591 1341 1 1231 1621 1 1S41 1601 1 1 1 I Maple Falls 2 1 1471 3631 15.21 1 581 621 1 561 691 1 671 591 1 1 1 I Marietta 1 1 2461 5911 13.21 1 631 1331 1 1151 861 1 1081 1011 1 1 1 I Marietta 2 1 2061 6581 9.41 1 581 1071 1 871 691 .1 751 1001 1 1 1 I Marietta 3 1 971 2311 10.41 1 351 401 1 301 401 1 451 341 1 1 1 I Marietta 4 1 3811 8611 11.01 1 1361 1961 1 1681 1651 1 1711 1731 1 1 1 I Mt View 1 1 3651 8101 13.71 11 1S91 1221 1 1101 1911 1 1971 1231 1 1 1 I Mt View 4 1 2981 6001 14.01 1241 1111 1 1111 1531 1 1S61 1171 1 1 1 I Mt View 3 1 SS81 10131 19.81 l 2431 1981 1 1671 3041 1 4071 1371 1 1 1 I Nooksack Twp 1 1 3601 8261 18.61 1 1871 1191 1 1111 1791 1 1891 1221 1 .1 1 1 Nooksack Twp 2 1 3931 88S1 13.01 1 2431 1141 1 791 2441 1 2SS1 891 1 1 1 1 Park 1 4231 7701 18.71 1 1761 1791 1 1591 17B1 1 2161 1721 1 1 1 I Pt Roberts 1 3081 6171 27.91 1 981 1141 1 1391 971 1 1401 941 1 1 t1 1 Rome 1 2741 S621 21.91 1 1091 1251 1 1061 1281 1 1341 1231 1 1 1 1 Ten Mile 1 1 3141 8031 12.S1 1 1671 1141 1 1091 1591 1 1671 1201 1 1 1 I Ten Mile 3 1 4841 10871 12.21 1 2331 1731 1 1521 2401 1 2481 1851 1 1 1 1 Valley East I 4421 90S1 1S.21 1 1511 1911 1 1641 1631 1 1921 1801 1 1 1 1 Valley North 1 2911 9361 12.S1 1 701 1471 1 1361 761 1 801 1611 1 1 1 I Valley South 1 1721 S361 15.11 1 S01 all 1 701 571 1 611 t 771 1 1 1 Van Wyck 1 1 3741 8421 15.71 1 1381 1811 1 16S1 1381 1 1291 2171 1 1 1 Van Wyck 4 1 2861 6911 12.61 1 801 1501 1 1331 931 1 1041 fI 1471 1 1 1 I Van Wyck S 1 2741 6391 12.11 1 881 1411 1 1211 901 1 761 1S41 I 1 I I Van Wyck 2 1 4S91 9101 8.81 1 2011 1841 I 1431 2221 1 2401 1641 1 1 1 I Van Wyck 3 1 2711 5941 1S.71 1 781 1401 1. 1141 1031 1 1131 1171 1 1 1 1 Lynden City 9 1 201 3S1 S7.11 1 121 11 71 81 1 B1 71 1 1 1 I Acme 1 I 101 121 83.31 1 SI 31 41 41 1 41 41 1 1 1 I Baker 2 1 561 1231 45.51 1 141 291 1 261 201 1 231 271 1 1 1 I Geneva 1 I S21 1071 48.61 1 151 251 1 261 91 1 211 231 1 1 1 I Newhalem 1 231 491 46.91 1 101 31 1 61 81 1 91 21 I I 11 TOTALS: 1441631978281 1 1 1 1 I I ! 1 I ! I I 45.11 1 I I I 1161461199811 1 1 1 I t I 1 1 I 1 I ! 1180931175211 1 1 I I I I I I I I I I 1183341202861 1 1 1 1 1 1 1 1 1 1 1 I I I I I I I I I I { I I I I I I I I l I 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