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.
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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.