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HomeMy WebLinkAbout1991 - Point Roberts Transporation Benefit District Nov 5,1991 Passed 92.8%WHATCOM COUNTY AUDITOR'S OFFICE OFFICIAL CANVASS OF THE SPECIAL ELECTION HELD NOVEMBER 5, 1991 IN THE POINT ROBERTS TRANSPORTATION DISTRICT, WHATCOM COUNTY, WASHINGTON FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS IN THE DISTRICT THE PROPOSITION TO IMPOSE A ONE CENT ($0.01) PER GALLON EXCISE TAX ON GASOLINE FOR CONSTRUCTION AND MAINTENANCE OF POINT ROBERTS STREETS. 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 Point Roberts Transportation District, Whatcom County, Washington held on the 5th day of November, 1991 have not been altered by additions or erasures, and that they are the same as when they were deposited in my office. r Whatcom Co ty Auditor Subscribed and sworn to before me this 20th day of November,•,•.,. 1991. ?, .l •yy/' unty--- egi tive uthority ry , CERTIFICATION OF CANVASSING BOARD STATE OF WASHINGTON ) ss. COUNTY OF WHATCOM ) THIS IS TO CERTIFY THAT WE, as the Whatcom County Canvassing Board have completed our canvass of votes as it pertains to the Special Election held within the precinct within the boundaries of the City of Nooksack, Whatcom County, Washington on the 5th day of Nooksack, 1991 and the results were as follows: POINT ROBERTS, PAGE - 2 PROPOSITION NO.1 Point Roberts Street, Road and Highway Construction and Maintenance Tax on the Retail Sale of Ga%oline Shall the Point Roberts Transportation Benefit District YES 192 impose a one cent ($0.01) per gallon tax to be used for construction and maintenance of Point Roberts streets, roads and highways, on the. retail sale of gasoline NO 1934 (motor vehicle fuel or special fuel as defined by statute) within the Point Roberts Benefit District boundaries as specified in Whatcom County Ordinance No. 91-043? 1991. VOTES YES - 128 VOTES NO - 10 PASSED: 92.8% The canvass having been completed this 20th day of November, WHATCOM COUNTY CANVASSING BOAO Pour Leg�lative uthority 1 r County Deputy Prosecuting Attorney SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: June 25. 1991 1 ORDINANCE NO. 9 1_ 0 4 3 2 AN ORDINANCE CREATING A POINT ROBERTS 3 TRANSPORTATION BENEFIT DISTRICT; ESTABLISHING THE FUNCTIONS 4 AND ACTIVITIES OF THE DISTRICT; PROVIDING FOR A POINT ROBERTS 5 TRANSPORTATION BENEFIT DISTRICT FUND 6 7 WHEREAS, pursuant to RCW 36.73.020, the Whatcom County Council shall 8 establish transportation benefit districts in addressing transportation needs; and, 9 10 WHEREAS, legislation has been passed to allow an added gas tax to be levied in 11 any transportation benefit district which has within its boundaries an international border 12 crossing; and 13 14 WHEREAS, Point Roberts has within its boundaries an international border 15 crossing; and, 16 17 WHEREAS, the Whatcom County Council does deem it in the best interest of 18 the County and the people thereof that the said transportation benefit district be 19 established; and, 20 21 WHEREAS, the Council has on July 9, 1991, pursuant to notice as provided by 22 law, conducted public hearings on the formation of said district. 23 24 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that 25 the following has been established as a result of the Engineer's report and testimony 26 taken at the public hearing: 27 28 SECTION 1. As required by RC'W 36.73.020, the Council hereby finds that: 29 (1) The District is necessitated by existing and foreseeable congestion levels 30 attributed to economic growth; 31 32 (2) State law and regulation have placed responsibility on the District to be consistent 33 with state, regional, and local transportation plans when funding county road or state 34 highway improvements within the District; 35 36 (3) The District shall be partially funded by local government or private developer 37 contributions, or a combination of such contributions; 38 39 (4) The District will include those areas which can reasonably be expected to benefit 40 from improvements to be funded by the District. 41 42 SECTION 2. The District shall include all unincorporated areas of Point Roberts, more 43 particularly described as follows: 44 45 All of Sections 1, 2, 3, 4, 9, 10, 11 and 12, Township 40 North, Range 3 West of W.M. 46 and all of Sections 33, 34, 35 and 36, Township 41 North, Range 3 West of W.M. All in 47 Whatcom County, Washington. 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 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 SECTION 3. The Point Roberts Transportation Benefit District functions and activities may include the following: A. Fix and impose an excise tax on the retail sale of motor vehicle fuel and special fuel. B. Levy ad valorem property taxes. C. Retire general obligation bonds for capital purposes by levying bond retirement ad valorem property tax levies. D. General obligation bonds may be issued for capital purposes. E. Form local improvement districts and impose taxes within that district. F. Accept and expend gifts, grants, and donations. G. Impose a fee or charge in the construction or reconstruction of buildings. H. Utilize the power of Eminent Domain to obtain property. I. Acquire, construct, improve, provide, or fund any county road or state highway improvement within the district. J. Contract for street, road, and highway improvements and maintenance. K. Can accept funding from the Department of Transportation for improvement projects. SECTION 4. The District shall be automatically dissolved when all indebtedness of the District has been retired and anticipated responsibilities have been satisfied. SECTION 5. The operations of the District shall be governed by the Whatcom County Council acting ex officio and independently and they shall create the rules of operation, as required by RCW 36.73.020. SECTION 6. The Whatcom County Treasurer shall act as the ex officio treasurer of the District as required by RCW 36.73.020. SECTION 7. All taxes or other fees collected pursuant to this ordinance shall be deposited in the Point Roberts Transportation Benefit District special agency fund, being fund number 65700-500.00, and a residual equity transfer of one hundred dollars ($100.00) from the County road fund shall be used to originate and support the fund. ADOPTED this 9th day of JulY . 1991. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Ramona Reeves, Council Clerk baniel M. Warner, Chairman APPROVED AS TO FORM: -- R JJ\ \ ". Civil Depu Prosecutor Approved () Denied �'LL '4 Shirley Van Z=6, Exe4i4ve Date: % q- q I WHATCOM COUNTY COUNCIL AGENDA BIL NO. 91-217C CLEARANCES Initial Date Date Received in Council Office: Agenda Date Assigned To: Originator- Executive 8/13/91 Council Division Head - Department Head - Prosecutor Review- Purchasing/Budget Dir.- Executive- SUBJECT: J A Resolution in the matter of submitting to the voters a proposal authorizing the Point Roberts Transportation Benefit District to impose a one cent ($0.01) per gallon excise tax on the retail sale of motor vehicle fuel and special fuel within the boundaries of said District. ATTACHMENTS: Resolution Public Hearing Needed? Yes/-X-1N01-/ SUMMARY STATEMENT.• This resolution will be considered by the Council acting ex officio and independently as the legislative body of the Point Roberts Transportation Benefit District. This resolution should be considered following the public hearing on the proposition to fix and impose an excise tax on the retail sale of motor vehicle fuel within the District. If this resolution is adopted the proposition will be placed on the ballot for the November 5, 1991 general election. , ORIGINATOR'S RECOMMENDED ACTION.• COMMITTEE ACTION (including dates): COUNCIL ACTION (including dates): 8/13/91: Council approved Related File Numbers: — Ordinance or Resolution Number: RES91-059 SPONSORED BY: Executive PROPOSED BY: Executive INTRODUCTION DATE: August 13, 1991 1 RESOLUTION NO. 91-059 2 A RESOLUTION OF THE POINT ROBERTS TRANSPORTATION 3 BENEFIT DISTRICT LEGISLATIVE BODY, IN THE MATTER OF 4 SUBMITTING TO THE VOTERS A PROPOSAL (SUBSTITUTE HOUSE 5 BILL 1342) AUTHORIZING THE POINT ROBERTS TRANSPORTATION 6 BENEFIT DISTRICT TO IMPOSE A ONE CENT ($0.01) PER GALLON 7 EXCISE TAX ON THE RETAIL SALE OF MOTOR VEHICLE FUEL 8 AND SPECIALFUEL WITHINTHE BOUNDARIES OF SAID DISTRICT. 9 10 WHEREAS, the Point Roberts Transportation Benefit District, is a "Border Area 11 Jurisdiction' being located within ten (10) miles of the U.S./Canadian border; and 12 WHEREAS, the current year-to-year financial support for District street, road and 13 highway maintenance and construction has not been sufficient to adequately fund the 14 District's needs; and 15 WHEREAS, Substitute House Bill 1342, as passed by the Washington State 16 Legislature and encompassed within a new chapter of Title 82 RCW, authorizes the District 17 to impose an excise tax on the retail sale of motor vehicle fuel and special fuel up to one 18 cent ($0.01) per gallon of retail gasoline sold within the Point Roberts Transportation 19 Benefit District boundaries, if the tax is approved by the majority vote of the registered 20 voters within the District, voting on the tax at a general or special election; 21 NOW, THEREFORE, BE IT RESOLVED that the Point Roberts Transportation 22 Benefit District legislative body shall present to the Whatcom County Auditor's office a 23 proposition to be placed on the ballot for the election to be held on the 5th day of 24 November, 1991; and said proposition shall state as follows: Page 1 1 POINT ROBERTS STREET, ROAD AND HIGHWAY 2 CONSTRUCTION AND MAINTENANCE TAX 3 ON THE RETAIL SALE OF GASOLINE 4 Shall the Point Roberts Transportation Benefit District impose a one cent ($0.01) per 5 gallon tax to be used for construction and maintenance of Point Roberts streets, 6 roads and highways, on the retail sale of gasoline (motor vehicle fuel or special fuel 7 as defined by statute) within the Point Roberts Benefit District boundaries as 8 specified in Whatcom County Ordinance No. U 043. 9 YES ' - 10 NO 11 APPROVED this 13th day of August 1991. 12 ATTEST: 13 14 �- Ramona Reeves, Clerk 15 APPROVED AS TO FORM: 16 17 Civil Depu os. Ai . WHATCOM COUNTY, WASHINGTON Daniel M. Warner, Chairman Page 2 SPONSORED BY: consent PROPOSED BY: Executive INTRODUCTION DATE: 7/23/91 1 RESOLUTION NO. 91-053 2 A RESOLUTION IN THE MATTER OF THE HEARING 3 ON THE PROPOSITION TO FIX AND IMPOSE AN 4 EXCISE TAX ON THE RETAIL SALE OF MOTOR 5 VEHICLE FUEL WITHIN THE POINT ROBERTS 6 TRANSPORTATION BENEFIT DISTRICT. 7 WHEREAS, Substitute House Bill 1342, as passed by the Washington State 8 Legislature and encompassed within a new chapter of Title 82 RCW, authorized the 9 District to impose an excise tax on the retail sale of motor vehicle fuel and special fuel up 10 to one cent ($0.01) per gallon of retail gasoline sold within the Point Roberts Transportation 11 Benefit District boundaries, if the tax is approved by the majority vote of the registered 12 voters within the District, voting on the tax at a general or special election; 13 WHEREAS, the ballot setting forth the proposition shall state the tax rate that is 14 proposed; 15 WHEREAS, the rate of such tax shall be in increments of one -tenth of a cent per 16 gallon and shall not exceed one cent per gallon; 17 WHEREAS, the tax imposed shall be collected and paid to the District for the 18 purposes of District street, road and highway construction and maintenance; 19 NOW, THEREFORE, BE IT RESOLVED by the legislative body of the Point 20 Roberts Transportation Benefit District that the date of August 13, 1991 at 7:00 p.m., be set 21 for the hearing of the proposition to fix and impose an excise tax on the retail sale of motor 22 vehicle fuel within the Point Roberts Transportation Benefit District. The hearing will be 23 held in the Whatcom County Council Chambers, 1000 North Forest, Bellingham. 24 APPROVED this 23rd day of -may-, 1991. 25 ATTEST: WHATCOM C�fOUNTY, W HINGTON 26 27 Ramona Reeves, Clerk Daniel M. Warner, Chairman 28 APPROVED AS TO FORM: 29 30 Civil Deputy ros. Atty.