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HomeMy WebLinkAbout1935 - Public Utility District No. 1 FormationFRIDAY, NOT G, I936. THE BELL HAJ[R.Oho Gfflo[D'STATE UTILITY DISTRICT LAW GRANTS BROAD - TAXING POWERS TO COMMISSION; Louisiana Express Protected Against strikers MANAGER TO BE ADMINISTRATIVE HEAD NFW ORLEANS. Nov, 6.—N P.)— j I Several counties, Including -Skagit.-. demn and purchase, acquire, add to. Augmented guards ptttroiled the Snohomish arid apparently What-' maintain, conduct and operate right of way of the strike -ridden com, voted Tuesday to create public works, plants, transmission and dis- , Louisiana & Arkansas railroad yes_ I utility districts co -extensive with tribution facilities for generating county boundaries. I electric current, operated by either terday, Instructed to get the crack The act authorizing the creation 1 water Power. steam or other meth - passenger express, "The Hustler,"; 01 such districts was passed in 1930 ods, within or without the district, i through without incident. Yesterday, as "initiative to the legislature --No. t for supplying the district with elec- I bullets cracked through Its engine 1 Providing for the "construction, I tric energy; also to exercise full rcab, killing one man and wounding Purchase, condemnation, acquisi- i control over rates, etc., free from two, Lion, regulation, maintenance and the jurisdiction of the state director Rumors circulated that Governor operation thereby of plants, prop- of public works. Any public or Richard W. Lecher the election out Mies and facilities for the develop- private property may be acquired or of the way, would call out the na- I went and distribution of water and condemned "for the purposes afore- tional guard to protect railroad ! electricity for all purpaees, ALuthor- said." ,zing such districts to levy taxes and : (5 ) Ginter._^t !ndrbted - cr pmpertc. Sinking trainmen, backed to create local assessment districts: borrow money for corporate pur- by Amazon bands of their women. for the accomplishment of said pur- Poses on the credit of the corpora- w-ere reported determined to halt. �, ps..• the rnilremd'% operation. lion or the revenues of the public '' Under the act, powers of such a ! utilities thereof, and to issue gen- F.irry toot o1 file night of wav i district shall be exercised through a t eral obligation bonds or utibon lity ds from Shreveport to Nra Orleans I commission of three members, two therefor, bear nq interest at a rate had been inspected by track walk- I of whom shall constitute a major- not to exceed 6 per cent rrs, k>oking for pulled spikes or ity. They shall receive no compere-� 16 i Raise Mrnue by tl:e le,twisted ralls against thr comin. sation. -Of an annual tax on all t•(xabl of the "Hustler." Bridges were Such a district Is granted powers + property in the district not exceed - guarded, as were wayside stations , to: I Ing 2 milts a year, exclusive of 1n- where the Amazon bands had. dur- I (I ) Make -a survey of hydro- terrst and braid redemption. Inc the past few weeks, pulled, electric power. irrigation and water (The public utility comntla\ton Ftrike-breaking train crews from supP1Y resources within or without shall appoint a manager, removable engine cabs, stripped them of cloth- the district and to compile maps at the will of the commission by a ing, and chased them Into the and plans dealing with possible de- majority vote. at a salary to be fixed -woods- velopment of these resources. by the commisston. The manager C. P. Couch. general manager off (2') Construct, condemn and pus- -Is the chief administrative officer the railroad, ind;cated by his sil_ i chase, ecquire, lease, add to, main- I and "shall be an experienced execu- rnce that he still refused to arbi_ Lain, operate, develop and regulate live with administrative ability." all lands, property, property rights, I (7.) Dzfine by resolution the Irate differences with 500 striking water, water rights, dams, ditches,' boundaries of local a`'sexsm:nt dts- trainmen. I flumes, aqueducts, pipes and pipe tnctt for the distribution of water Goternmrnt authorities refused Ij lines, franchises, plants, plant fa- or electric etxrgy and the mainte- to discuss reports they could inter- cli,ties, etc., for generatinz electric trance of distribution spclems, vene to protect the mails carriedlenergy by water power, steam and-f Provbion Is made that when the by the Louisiana & Arkansas trains. other methods and for conserving, Cost of any expansloli or develop - Mails have been dcla%ed, and, In t developing and distributing water ment program shall exec d 11; per one case. destroyed, by the wreck-; for domestic use and irrigation, and I cent of the taxable proixtty of the ing of trains. — I to exercise the right of emin-nt do- public utility district, the proposi- main to effectuate the foregoing I lion shall bx submmitted to the vet - arid allied, pil-poses, ers. A three -fifths vote of tile UNOFFICIAL COUNT FAV-) (ly is ' provided that no utility; qualified voters of tie district is re- ORs UTILITY DISTRICT owned by a city or town shall be; quid to authorize the issuance of condemned under the act, and none I bonds. Principal and interest on purchased, without submis_fon of the bonds shall be paid from district (P7vm Page Onet the question to the voters of the revenues, with deficits taxed against _ ( utility district ) the general property in the district. book,, and Ls now bY.•licted to bel (3) Acquire and operate water Two or more conti;uot>_s districts ro- ect. although the nffici:iI result works and irrigation plants and sys-, maybe consolidated In accordanre will not be announc-d until the Terns within or without the limits of with the dist statutes. and district the a.se Is made b,. th • coun'; elec- I the distract. boundaries may b� extended or en- tion boa-d. 14.i Purchase. within or without Jarred. but no territory annex.d Absentre ballot, numb:'rinz 927'the district, electric currrnL for sale shall be taxed for any debt con - at the last count)•. sal be canvassed !and distrtbutlen within or wiLhouL tracted by the district prior to the next Monday by the election board'the district, and to construct, con -.date of such annexation. The tiiic>fficial retunis as they now Wand hnw rhwthe proposition to— riilAr--r the port district for the about 86 prr tr rat of the voters went I er•ation of this property." buIN111.9 of d small boat hat-n in to the polLs. t Shook also wrote Mayor John F Snu'h Bellincharr.. card-d by a !3 Dore, the city council, F1re Chirt+ vote of 9.604 to 5 552. Tile bond is- Claude W. Corning and Police I R'ie prolxned for the Harbor im- Chief R'i111Am H. Srftrs, prole>un pmv -fifth received the net Count STRIKERS •RELEASE I empleyrrs' watchmen hat, t)­ n thrwr-fifths majnnt}, the Kist count I dpas denied free sage to and Iron, showing 10.075 for the bond issue CO-OP EGGS AT docks. fie said pickrts' bnnfire, arid 5355 AgA121Ft, SEATT-LE I i constituted a "eery grate fire Aporommat-1) 2564E vot,s were ,hazard.' ea,t for the various candidates for _. _ _ _ _ - The strike rommittre said 0• president 11, Whatcom county, the , approved hiring building r.rnvirc i:noff!cial rrtilrns show•, whirh is by tPYom Page One) emplotes union workers -as watch - far the larerst .ore ever cast in the ----- Ixinty. A rough estimate shows parties for the removal and res-I corn s' a ]riranc o! fulfilling ship- P owners' insurance requirements. ALL-! ("th !,;,TE' Rider. roomier. first all -steel i, NEW DI/ SPEED 'lining ilcis o, smartest and m• JMPRO KNEE-t (at, Pr...rnl I,y more Actin users to NEW ' GF VALVE -IN 111urh more t­n and the thrift t T" 1 uare vela soaks usrila tea •1 .A. ON �7.[kiu ll0a-b day kllw Oil lltel 1rai:111C . fdeve of the United filatas fleet, eves !'Iwt of lilt r -m alerutw' a I +"sobs fkA11trd all that '•every cif- 1 ay111r U1,rd by Prceldeut•]islliwv eft Lu Lxria brrracia, %Vera le►•rhit thou- err kowarell'a Ixr11 1a liityllix Lite bell flat use bt chirl of !Laval ulit+atitills, file rltLdlCatlurt J A"eke I topintlst Ixlat In illy navy a idyll lLeer'4 guvsrlealGsL r1wL feeolsit "Yele:e+ air rolLly tip. fu!}11 are u Glimuil■lid fie will accrrd Allnillal rt leyialawra WilhIJIM Ii litandlr [feller aCrcamhls! mllsallea. durnt►rd " �Y low-& � 6rinY ittb[. 1aLarcl+aids fur "111g Y. tthir d pie - by air lisldrre• fell Ill the title let tlsrla. xslltria•' 1. N. Wtat. arctatary 11r1x. Jattuaay 1. eAaaia:ialed !'real Flxixrtailt lueluaries al pica, v+Hltls sec- trfnl+to.F futLlfk:allulr 'ilvO ul ilfeln rltpl,rded �� tot�ltmt w of She asso.latlwe, urkel In wakillit ill ■ bunt -lip apprtar, tvrerktil3 three I Wlw MUClp■ird lit ArrnWice 3u, fliurlitx a lh4blil4attuil Of Ilubllr. arelttulenl - -- _ _ -- _ !Isla- RUFy haubrs I oawatsty at Waahtllg"j. ussarr! A Ward a uflllyd draLand foi +settle- ussucen's Work[ Nor dead, 4Aawcia rein 1f tlfa trrarll to i'lwll -lala,r. Nex. n..11l of lhr stTUIC ABSENTEE BALLOTS te, .1 bull%tlig r11lunslu itf do - "We r;- "Wr du out yrulras tat kluiw xis Lila atnt smoke rlwt II1W the air Is rlylla as •!Sl la wtelale,' Weal CONVICT SOUGHT III there. Aqd 'ta the plodders. havllty completcd said. "We pally ki►u* LtaaL We air afar Harrta, Ihelr tnisalau If drrill and dcaLrtnG- 1rttYilrg tl+a hill and lltat ■�6 wails • red n etlIgep. [hit To WE Liao. lieu L<I the west ublLe uUil- ►rillrnur11 we du nOt lhlllk chill TeLI 81q;lalLt plaraltlt plaitea llrt- own step. 1 any li tali n i the l' andveray Liss a nlydlaett.ty slaved Lelia the aloes r v>rtrrrieal' 11elit tali 'aft jishVat PLaL.d L11ufI I>nf bald rnxat 11 this aka I'bsclat 11yh1 HOW HOIDUP loxsg lha s[+eke ai public axyleisx. ' fall rsl:orl ptancs lu ■ alerc[arula HISES ar r battle L sdity dnr[lglL6 ad aoCla! I:tllsilF'tklL}r•N['!: llnllllH7' later llladnl[! u[ flee day W to bilith BAN jt 1.atl:[fN ea Nov 13. .-I P! ` l71r eruuey its■lira. itnlvevrr: tak C�PTHN�u wtia AAA"C(If l.abur inated sit Spe B&Ito k Ileµ 1u1►alltllpa lit Lilt derlar. rtiln.tr * sOClai 1f llC[firdy 114lrulad a uea altark fJ(�• 1 ]�- 1—/ V xiu.:it rhleldpt! l li a I r ai>yuw; ts, ktaatplga tudav alai llte cruclal hLrtrly lull aa- Tlebde thrlr rsrallr *era un- i17C 11+ ieurnll,ts to orrallae It ltebCa . Official ii$urel Bflou tR Be -rhe raid ramie rill the heels of a a= 'Thus irtraae Turn to --- - ■mmiluuced—orufil Coulplat mans arleal battle [it %Ilir[k kiln u .brake a s ti, tSQluA1u el 94'vC1 nrilrnt 1 sit i[ a u al e e d It hull a loll jjfib BeeSe balley In ho made ad BY Wee ion Board d,aalnivl Alai labors Ohio pup Battle W 11nLad `lrlSgtenl - A _ .1.1.... "k i l In of M$1411 Ilrl pow "W l%et l r' ry DENT[ plumesrtrnh. uitr In [lbinrTown%ltlllil tar iflwMat'b11aLI lflayfus LJ11TOtaLartaiar LrrlipLa aaaL airr1LY!tuff.'17testwerintialst all -ever lrl- ill 14C il•k:rUL lir+telaf Cla:lltrLl xas r1t1111 µ'Rd Lill11 sera t11aLLIlIp111 ►llilr 1-111 Cash CuMpleted by like WMILY 01reltu11 Wld said briar 11014119916 had ImPtri ,IACKAPCiN• Ulllu. 11ruv. 13. tj"y it Presldient 1 __ bo-4 ai l O'ek" ni4sy tllltnllei. [shed from the air durllta a rtllake 1%deral mgsista Ards tll+tu ullletsa it nib& aC• I and clerks In this audlLOr'a ulfice- over 1uilurdaut tines Which fldlaw- W9' aatd Captumd ass •at:alfod C.rtn- culrndolis �&I"rhOMIf Unity In Plan to tiripcowdrd to adsf the aGwilice lobs C4 Lila al+rrlltrulR.r "d[*>fl�l1S " vltt• 1Ltuau li1rY ltlrltlifiaaL as Nelda 1 It ctelLara L(1 Lite !ulbla let late ref=ulxr woes 11181d rearrested Valley, 30, ht rtt early u161110h1e yule 11, ieatYlf Q1lftatir111a teat al tale sisll battle "Alt nit a latlll 114a111%r■t if ladr[1tlfia, Pi1 g l+l+i'rb, w that �'Irr tuuntpl attaa'k by rllnr t;rrv_ Y C1Ly, etc- the resulls at file elretlwt Mal toe rinntrnl planer. detristrr• laadrra a!e- of hate Ile [s xrnlril Ills 114e 11 ;fal[nateiy Ifeclaufrl to drroralr Hrlllnyhain tr[1[t lafly railvaaaad. 1wlAMC Ifrrarlited ailutlier ballbaid. Itlfsealla. Want ilauk Lulrlq•1y slay-f 1e lrrasury• bs It has ilCyTi been adorned heluir j Iili rhanues ill tier Ir:1■111olls of fff ureni of to ally toy of 4alstlrl toil leutery } N h1 llilie I during tier Glltlalltlas arbtuil %aI. Ihr ralldtslattle rratletrri felon liar r'retl,ill•ly the aoverlillseld if ale Valley, W1141 ep:lkllntl 1114ir1 11111 III Is In [71[lr t■ern Friday rrlornknx by file I11u. rafltlt r,f Slkr alitirtltrr l+allula. I! xky IMAC ern ors fair flulll klbdll,l that agate llrelltrnllaly al if■IRlitle. N l' . It Lt.bluer- mlutlwe■1 reet11rs111LCR of the rtelull rluurwee a d. t aruryr ti1911•1 µrtLLIM a latfxr k I11 i 104111`8 Uuuld Art Metal' alan:li sl- 11134. %as %lititldl•d I %1,' e an look. Trades buieau of life f'hainbrr of twnibri of vutelr. uvtr J. W Au+liil Iliulsl lie ally brraar yuvrluuirld Takell to a 1'laillr.Olrtr fu+Allttal. !tin tw otaN ryala' (k`OInlelix Al A n1CIMAJ41t held at fur rusilily t:u[uuasakaaarr 11e [Ire 1-rlefl atilyret NOW. haWewrl'. Tile r.Ill1i1111011 a1u IeIi,11Lr11 as Ilia ►rll !e W0.000 -- the clnssnber. The CalnlnlLise toted titl'e1t 11L dlslrit t, but out 1 nuugh L41 I:u+rllallrut has ratabllatard ■ Icul • r'Ir'. CIs by any W cllalrentr'ate lie rfrtrrta ws det'urs- Ifaln the feat - - _ -- I I1FrylalleurLlL ul IueN+r lrrareda its ou hart tiwi■, which Will are plarrd Ling urlly t3rvrrlsl ob:.r+lirr IFaSI111% rant lit 41'irase'L'Uhl lu YAga 3 lhdutnu P aielwihlcsL 1lrllrY as a trnlxualr Ir and a let lite bualllryk dia[rlrt bile also thr ie1111I+sly rlrellrut I11111 Ili Wall ,r + I tnuwul alulrll al sill lmures nni� nttfy the allarlg She: n1a111 hlglt%aYs lrasll[yI lkaL itulltlillty' Wrir r•rl.%sk." tl Ir1 -- -- j 1'aIr'li Willi Ilsellr Igairll ■nil Ii![r ird with 111t11 Life osall, yfvla i xL1 I[tI Ltrrantileit - ,I - PURCHEIS Ij Mauer yilnrndr•d j i 1rlr, 11++11 l,In,1.1 Felslat lelarnll,I; Lllal iklllgµllaln la inthucd %tlh flit' '17er IrtLnial r rota hhr•ilff W J. It" no Clulattuu bigr[l at 1lrwcr b:lult it, 1,1411IVI elf .Is$kae.a ,aen1[y. land H.1 I►ilr•rlb- Its hlalrlr}', all tllnlah fu 1+aat yeas Milk- wars Banned By ilcr Ciotti lull W Nnut ter 1 IIIIII aliollyd the ntr[rhsisla ha va been 111wisi Lt. { rutllr. sal rulrndrri Ihr. frliu I,. men• Iartrayed diessluy fur the Yulrude t,rrilnl r� They ii _ _ I la flu, Iiavuµlel tutor y qsn slur .t,. i by whey- Helder the irolgtnit[re'■ [lily clone Dairymen 1 flex o I I ihlir I Lll,lirlt ikMd !n•rlt IIIIFIA III, Ir out that dcerrauun elf 1i1r silty xlll :ref I ltuuaewnit Louka li3to Foratau ■ y,.ae rY 71W Nutellbrr 27. InlrrtrdLairly alto, �y Bil jring of tltul:ka 1.1a1e1N-d 1n11l1•r llford t1, r1a Nave 311 Ltw 'riallkbgIvlilg This dcrrrl'atlssns xlll U11 5a1Cs ReS1lttt1li'e toy 4111r.11tuK Ills wav Islet Vorllrys „I! Aid wet 1 reinalei lit l,lat:r until Jratualy 1 --- - cewiflins I. I. ILlilst, i:hrumall of tier &:ulu ri I: A 'I T I. r. N„t 13 •I•. H nNlii Ili 1 iti 1j1. Noy IJ lIt 1st 1 Htrss 'iui 1. 10 PRIJO 4, 4'„Itrnlu At .ea■nL Mill" rhtlae other nlrlubel■ Orr 'tarelk %alal ,1r1, uu-1 Lpil,lyd f'iralJrl+l N.w,arvrlL r.aht a.nlay n{u 14bue sa Barn flulhretah, Jack Ullllittn. it u Ihra h■I! 4,.. 11 nudes l%kru toy I'r,l 11,1111 1Slad1•d 11}' ,t41 rItllrlr r„ `n n 7'altx+tl liarultl Wahl bald Jr. k , r1161 lttW'11r 1t,.rtlll 1:l+rnlnall lelrl + �� YUU �fkr q.t �1jRf or un lhr 1[i-uldLLtrd 16,[ he Rllb} sett• Llrll111g111er11 IIIVft•llal.l-r lln r ,l.,5 „1 elallyule•u xLlri+elHlrlIt),]tier sir F.tllce gild lsrewltlr■ and* t pill of look lui lhr Ixrµral a'ilrt. alli IIlls[ %ill, A tk I;F,nbnlnN .fumes I.xn+le., 11r13senilers Gross New F'.n Iflr (Jlrrl Nr1i } 1'l lni+ail:1 c li y In f3rliC vilanl a Irk+leer. alllf Thar Ir1111tIcn„ %11la s ta•w I., 1+•Irlakallarr irallallsla; 1llg ttllnlary L1Lry air volt ulsame uvrr file I11r[en lwrldu autila.+r.t let Aniriilrrl It„. 4, ,_ �,,,,. t liteii 11144j. 1 fflln 1ft Moroi I? 11u411 r •veils a allpai rung Liar city ill apl,lerfri■f r rue Il Ica rut Ilda l,atkul a ■Ian k s e it Slid ltrikln atilrr l'Ial'a, A 171-1e1l u1 lea: i'xa-i11C 34 than A '1'ha6 Lhr der - rba,lgrn i tlltal,e Llully a.,:.1„Irti.,n xealla•d 11eitFcatl Orallr,<ss tills lneliire !hr C:lulstuia■ hla raellsorc. Irk lea atusli lealb Alt ls,w„rarll nald IIr Iryrltlril • a}'tea lfflANi'ffll'al r+.., It kdadild, alrlrll is [hc irrhrf of [I+c tlgtllnlf ha' htn%!n u11Ik errs ale [na " I Isarwyla 1r11gr I/uitrllr.1•a let AlstriaOn • 11+� lsrll 1'r!ili.la,1. riles ■ 1112 for lee and it wa► *fill Lllr llxtrldits, of aril! ['I,erirn fiirrxta- s,l tul .Irra11[lra by h,IrlKia enrlrsa ra r • Ixu11 ewr'1rll.lgc ..lh.l.1., 1� • !1. these drdrlx a oral rla•a lob in lhla ilelet. f,rsirlrlsnf ll,tcrl lu rtxl.11laalkan rot • H1uae..i I.wlxy Ihwi all,grnl • Light thal It alcchied to collar •ial fair Y ru k r 1[ }' lulls trl I hu lu•%r bf rut 1 rneH•n bled t ill h•• haul rr.el !r • .r, + ri 11 wy 3hI•Ispi abksfrnl un gale e;tunalman IIfPIiday plrulrr1 1115Ir liri.tf Lf1 cuirllyd tullk a< IM..nre1 • hLllk 11a1 t rN I Ill. Ar f1'n sir Iaiallulr wan Ate"U4 era y Lee IAIl114g1 llq - • r•ra 1'1. ••a -II lb., w11¢ie IIaI ■ ect it Llrlatla cat lilt Frrllleltttsir a des{' • hiss Mile jellies he n Ill •h} U.. ale lialllll • le yl Life liras I,a, Iva: 11NH! • .rf • •.In•1, ,lily Of , rtrallve Ilfttalarh OJC itellly I'll 11114 'Pier $14"gel IIr hldll:ala'11 wurrl,t • ell lrlsl,ll, air • Ile■ it, lhl+ Alec • II ICar4 'filet Gl !"38- j. 4:Oltluila 6f IrilNllr Ilea Nrrelnlr ahtaibl life hil No Ildn 1101hr Ih.F IIIry .NII! • Ile n,1 .rx Cay _ r1j(II fa•ddw • ,.y,lalr 1,IY der LI+ L. • Hl nirwlrlT ...l,nllhlf. a nni ..! ■ ii.. ■I •ra can -_ - - - - - -' — . liuloll 11:...Ile file n 1412e III" H•w, • If., I•lurN ...m ..11 • ... • 4 "al-etunl11gt• DICE NAMILTDM'S "SIMPSOM FaR .QUEEN" •,.`. 1.I.1. •, ..sir ,,, �� �.... ...:. 1:.�;:. ! rlerurkr Aflr.f.d • Ikr• IM1r,el• I nrlr•I 1n1,., 1 nlaYad * * Y * life I'er•1,1r111 111[I iu,1 wlalr %1„t • Ile•' .yi -. Ir q,1111 ., 7,,,n1 i,111 1•I CLUB DRAWS MEMBERSHIP I,ir Irf kgl.,lrllarl ., .. i1 plflael, RSNIP REQUESTS eV'r 1.rI can jail IIr Cu11re-I tier All a1+l lnl, s falrl r1fol µfllplrl M Id,1 • la Ir flea tell fir rl,iU sit 1r11erJ leer r.nulltl�il.. • ua,llligl,r 114rr � Ill 1•+rill In,nli l.,t1 a- .ttIII 114 11'. ■ A .•l, 94e I.. r.,•d,NI ell • 111. 11 aadur■ BUTTONS ARE PROBLEM, �A 1n111 ' ntapr ■ ■..I, u1..1.1 ern lli, u. f,n Pro"1• ecquar CASH Is NEEDED tl• t11U1 blase I,I.rrrrl i,r• Ircil, yrfT * w1.d .i wkl• •u r,ei. rot+er ir. x., a11nk nu, h.a 1•I r•I...,n ■ WI <us,r l t., Irrr.Ins. • +1.. r.. .. . e ,_, MONAL UGIG Z�Mms UTILITYISSUE . TOWN WINS "FIRST VOTE"' HONORS MON E N � I ER YE _ if EV y ED 00 SE �EL 113CMirLLllif ri(W ited stairs Senate � !�j/ V rt to New York RR Ia E� They have fiRur- ^all � 'POLICIES ettisistinn Mr. :s Propose will be Unofficial Vote Is 7,596 to nbinc of Renubli- U. & Specuiat4s On Why vatisr Democrats ` 7,3h2—Darwin Defeated B� „ s. csmfkknttaf ur- f Petertian ' Election Explosion me t no leas than Mandate to Turn Left tLic t3enawra--aJl � :i� s except Carter, AUSTIN STILL IN DOUBT untrd upon With[ )=ED ARMY WITH I ice to canine bills +ri'• character. Anditor'g Office Making Re- d in New York Pmident a Adams (Colo.!, check of Votes to Be Inaugul P an Nuys find'. ?annar9 20 This Time Walsh ima-S& urn (Mo.), Burke Although a re -check of the votes - had not been completed It waa ap- NEW Y O R S . Nov. S. — (I.I.1 INer.), grown , parent at the noon hour Thursday President Roosevelt rN. Ti. Reyn- that the uestlap of creating a Prepared fc If fishing holiday today and the eT rOhfal, a -cry 1lc uilli 4 R pub. y duty a In Who city. �� aPectiiatad an the exVnt .i alai d Ho ' county carried hq •small majority. which he might accept Tuesd, tVa.r and Halt Late reports from Same of the polJtfcal explaalors as a mandate tined harked country precincts tncrc•:sed the adopt more liberal or radical p the total rate in favor of the Power cles• -electlaai — even I district. The unofficial count from � Isgging returns from snowboi -at enthusiasm—' ail precincts shoots 7.S96 for and 'or outlying precincts continued ra IN mental rer_ 7.357 against the Power district. swell the Roosevelt lead over p. New Deal- At the same time it seemed cer- 'Me town of >i 1111UM 1f. H. captured the et being the t1�� Alf M. Landon. who was 1 fain that the commisVonrrs elected Slrat rammunity to tabulate In the prealdetttia] election as its rotes ?» beaten Presidential candid to undertake the task of lstartm cast ballots ahcrtly after midnightalnea 1820. The United States I mare, tic ILct the P"rr district work still be --A Cup of coffee as the polls o neda of election day. Shown having a ernMent and the 8 peaed are [left to tights, rear —Agnes Ray. meat of government atop here. A ' G lerte" in the Firm district. C. H. moved. Genevieve Nadig• town clerk. and Rosa [blear; groat--FTeemari Gf I]em the mates is lei the hat Mttatorial Demo. � Park In the &cond and Charles Mosher. Qu1ncY Davis. the tawn's oldeet voter who retrsembers svhrri OMts today_ tole of hrrakyilR' Pedersen in the Third district. Llnroln Rao shot, and Gu L"uttL Ranged behind Aar. Roosevelt 'a of radkaliam ° Pederson defeated I,, li. Darwin.I S to 2 for Landon . radon. tA,pc� �. town moderator. The Pots Leas a mixed army of voters. Tire Derr [:rho was loot man for the same po-i _ red Press photo.) cratic election triumph was so tr tahterst rA•ril.s,, sltian In the 1932 elerlion. - men dous— fort y-six Ot forty-elg Bilbo rMls , I DePtlttrs In the county auditor's ! dates thine friction among Root aflter arp rn a rd in rrcheckuiR phies.lis eI vatloua pa11t1Ca1 phlloe ld-I, Hall - g R LIKELY—T rPh1ea Ss inrvitat:r-. TherOlt-b+ and M- =hrra1r.ens[ frx Crr r Elder and u it thancp are chased in • J A At>+tin for counts qMsnmta- krrPlrlS pence hl A fiolltlral lam° sinner in the Second dWrlct, and E which embraces the Carter Galas•a too air the creation of the SUCCEED OISUN �U To DECIDE SOM a� glare; 131r le of Virginia, ar preserved In- Pubiir 1 Gild 11 tabor leaders and ati]I[} dlstrlrt. This count wl11 not II tirr,lslfsts lorry l]. smear lets-' of the big mining and h t House be completed until late in the af- quar- 1 ternoon dust---iai states are tell" than 'Light •lore they could � The rFrherk late 1n the afterrlorm psi flrrrlookrd ahmred Austin Trading Elder by PD[ICE JUDGE CONTESTS But as of today mr. [lest oli ]u�t 28E voter. Austln bring reed- ; Commander of the mlRhtlrsL polo rned financial Ited with 1I.521 votes to 11.233 for eat army ever mobili2•d on this car Elder These Itgures will again b. tMent, a throng of miltlonn of Vol w"kcoon of li- S. ' era. T7:rq charged tZtr _ i checked before they are announced I Pofln 'ire. to tale cor or as complete. Because of the close t, dlsrrharded Lhe advice of mot pOr- •result extreme care 1s being taken in I Talk Heard That Commission- . Late 9 t Legifilativa Returns of the nation's newspapers. ignore, rkhotders. Na the rrchmking. Late returns in- II era M8 . Name Defeated ,foe [he x•an+ings of Oavernar Lartdpr 'Ira part pay- cres•td F.1drr's rote rniuldrrably.I 3 Show Democratic Majority refused to believe Mr- Roosr`tral vidrnd arrears making II puaRible Ior the 900 ob- Pemberton A8 Justice In Senate IntretLeed had failed to do as well as he catch a] --moo amended I sentre vote. nut Yet for unernpiosment. overlooked th• to allow ••div- • Crnint�d to fact that the New Deal has sx mr [hr result- Po11rr JUdee Ralirh O- Olson. SE TILE. Nov. 5_0 ,—An over- i -c•t [a averse- 1t'traten at Home rztrrmaly r-astly—[o va[r uncqulro ock dbM ividends R� turns from the Rhatcnm county Gmperior court cal au[hurfty [o tlx President t+ precinct knaw`n i } p RhPlmingiy Demxratic 1",%iature ieciat meeting � as 1'en Mlle 2, in which Auftui re-' judtrr-elect an Thor=da rz erased 1 carry on along the Cotirsr art tr apprmlkElan for the support Riven will meet In Olyrnpla next Jariu- p March, 1933, sober he promised bet_ aides and votes, show that the rain- hlrn at the polls e, '-Wp or Judge • ter times. ea Further of reef-i loner received on1v 160 votes him t t he felt the vote for Su- lea of ape [al compared to 258 for his Repubilcaa Unofficial tabulations today list- • Mewlt soon 523 eiecto-al :s whenmer' opDonrnt. Georgr Elder. I Perlvr JudfM Show ihr great eels-' ed Democrats and sewn Re_ Votes; Governor Landon got 8. The ant them. In- Frank Cramer, who ryas drfeatrd jaritt of Whatcom and elan Juan P[raldent s fxipulsr plurality arum, i off in new: for enures comrnK%Ioner in the count} citizens drsirr Irr keep the I publicans elected to the house R,hIie r i9ea to reach or rxr•eed IO.ODO.OW everi out of 7h1rd diurlet by Rny Nunn, car. • Judirlary non-narttsari. Judge 01wn there will be 41 Democratic Sena-� United f'rt:ss tabulattonn so tar IarFrrlg date, 'vied h!• nary Precinc[ Ferndale 4,' tndiratrd he Rtli Lc in no hurry in tars and Pvr Republicans. show; her such dii'_ by a vntr of 267 to 172 rt 1RnsnR as pollee judge and jus-' This >a1It be one more house Roosevelt 25,4$5,�7 Of 1938. The rrteirns from Sla'r precinct I tier of the PeRee as he doe:: not: member for [he majority[halt In + Landon .. , 1.5.615.482 it w•aA wide- take h:a plan• on the superinr court; I935 and four inner srth. •The irmke .................. 6:,7890 Steel Fcotiid . IPirase Turn fo Pose 4, CoIumn Si finch until the first of the new' I7emocrata rirrtcd Yl senatAirs and Democrats prubshiy have leicreaa_ ,rd prPrOerrl ' _ r ed their E3rnate riven tls frum 74 J While there A'aR comes ' had � holdovers, I k •rdue peeler- peculation 1 i to 14 votea nIlh g guarantee qt �ntinurd rz- �] ]'j as to [rho the Whatcom county I Heraty abs"rice balloting in some II control tnr rrvrrul eiertiona eo+ tie a +alllm � f + F! 1 I ��F _l I comm[E inners will name as Justic.. cnuntles� may change the present 1 i �' t erw •.�. -F --= i corny in the iintx. = hw n•imtnra sUPRF- F-�E C-nU(t-r 146 PUBLIC UTILITY DIST. NO. 1 v. SUPERIOR COURT. Syllabus. [199 Wash. 51 L. R. A. (N. S.) 707), including reliance upon the representation (promise) by the plaintiffs, to their damage. It is alleged that a condition of the promise on the part of the defendants was that the plaintiffs procure a release of the garnishment levied by the trustee of the Maxim Corporation. This release the defendants procured by the payment of "a substantial sum" to the trustee. It is wholly immaterial whether the trustee of the Maxim Corporation had a valid lien against the stock or a valid claim against the plaintiffs. Indeed, they alleged that they were advised that he did not have a valid claim against them. If the claim was invalid, that fact but serves to accentuate the extent iof the damage sustained by plaintiffs in settling the claim in reliance upon defendants' promise. I dissent. SC_ [No. 27385. Department Two. May 19, 1939.] r' PUBLIC UTILITY DISTRICT No. 1 OF WHATCOM COUNTY t' et al. Appellants, v. THE SUPERIOR COURT FOR WHATC0111 COUNTY et al., Respondents l �• I ! and Cross -appellants.' i [1] MUNICIPAL CORPORATIONS —PUBLIC UTILITY DISTRICTS —CREA- TION —EXISTING MUNICIPALITIES. Under Laws of 1931, chap- ter 1, p. 3, Rem. Rev. Stat., § 11605 et seq., providing for the organization of public utility districts, a county -wide ublie r; utility district may inaiud pjties in—..l minig Th�and 't- operate some but not all of the utilities authorized b the .!•.II [2] SAME —PUBLIC UTILITY DISTRICTS —CREATION —PROCEEDINGS FOR j �l.., • CALLING ELECTION —SUFFICIENCY. In the statutory procedure for submitting to the voters of a county the proposition of forming a public utility district therein, the resolution of the board of county commissioners calling the election is simply a preliminary step; and a resolution reciting that it is the 'Reported in 90 P. (2d) 737. I " [2] See 18 Am. Jur. 245. kJ A . ReecD rtS . P4. Vol • PUBLIC UTILITY DIST. NO. 1 v. SUPERIOR COURT. 147 May 19391 Statement of Case. manifest desire of a large number of the people of the county that such a district be organized therein, followed by a state- ment that it is the expressed intention of the board to call an election for that purpose at the next general election, is a sufficient basis for calling the election; where it appears that proper notice of the election was given, the voters understood the questions submitted, and the vote cast reflected the will of the electors. [3] SAME. Such resolution is not efe ti in that it does e forth the boundaries of the prop22ed since the oun'ty Commissianers on their own initiative, could only ubmit a proposition for the establishment of cou t - an where the notice of election properly fines the terri- torial limits of the proposed district, the solution in that particular affords a sufficient legal basis or the election. [$] SAME —PUBLIC UTILITY DTSTIiICT5 P ERS—DUPLICATION OF EXISTING UTILITIES. Under Rem. V. Stat., § 11607, authoriz- ing the county commissioners t chan;e the boundaries of a utility district less than cou -wide so as to exclude prop- erty not benefited, a , § 11616, exempting from the assess- ment of the utfli district property already taxed or assessed to pay for a ity of like character, it clearly appears that it was not intent of the law that a utility district may, within the boundary of a municipal corporation, duplicate utilities diready owned or operated by it and assess property within its boundaries for such duplication; and the trial court prop- / erly held that the utility district had no such right. [5] CONSTITUTIONAL LAw—EQUAL PROTECTION OF LAws—TAXA- TION OF PROPERTY BY PUBLIC UTILITY DISTRICTS —REASONABLE CLASSIFICATION. The exemption of property within a muni- cipal corporation which already operates a public utility from taxation by a utility district for a utility of like character, is a reasonable classi[ication applicable to all similarly situated and is not violative of the fourteenth amendment of the state constitution requiring taxes to be uniform upon the same class of property within the limits of the authority levying the tax. Cross -appeals from a judgment of the superior court for Whatcom county, Gruber, J., entered October 13, 1938, partially in favor of the plaintiffs, in an action under the declaratory judgment law to adjudicate the right of a public utility district to levy a tax. Affirmed. 148 PUBLIC UTILITY DIST. NO. 1 v. SUPERIOR COURT. Opinion Per BEALS, J. [199 Wash. Houghton, Cluck & Coughlin and Brown & Hill- house, for appellants. Sather & Livesey, R. S. Lambert, and Orville K. Algyer, for respondents and cross -appellants. BEALS, J.—Public utility district No. 1, of Whatcom county, and its commissioners, instituted this action by filing their complaint against John W. Sheets, indi- vidually and as mayor of the city of Blaine, and Carl A. May, individually and as mayor of the city of Sumas, alleging the organization of the district, with boun- daries coextensive with Whatcom county, and that the commissioners had proposed the levy by the district of a two mill tax upon all property within Whatcom county, for the purpose of acquiring electric utilities and the other utilities contemplated by Laws of 1931, chapter 1, p. 3, Rein. Rev. Stat., § 11605 [P. C. § 4498-11] et seq. It was alleged that the defendants, individu- ally and as mayors of their respective cities, claimed that the district and its commissioners had no author- ity to cause to be levied or collected any tax upon property located within the corporate limits of the cities above named, plaintiffs asking that a declaratory judgment be entered, adjudicating the right of plain- tiff district to levy a tax for its corporate purposes upon the property within the boundaries of the cities. Defendant Sheets, individually and as mayor of Blaine, answered, denying the material allegations of the complaint, and affirmatively alleging that he had been authorized by the city to appear in the action and present certain questions of common interest to the taxpayers of the city; that the city of Blaine owns and operates a complete water system, adequate for all purposes; that the city also owns and operates facilities for the distribution of electricity within its PUBLIC UTILITY DIST. NO. 1 v. SUPERIOR COURT. 149 May 19391 Opinion Per BEALS, J. limits, which is used for the purpose of distributing electric current purchased by the city at wholesale from Puget Sound Power & Light Company, a public service corporation, which current the city sells at retail to its customers within its boundaries; that the city is under contract to purchase such electric cur- rent until some date during the year 1939. The de- fendant also pleaded the contention that, before any tax could be imposed upon property within the city of Blaine pursuant to the levy made by plaintiff dis- trict, it would be necessary . for plaintiff to establish that the money to be raised pursuant to the levy would be expended solely for the acquisition or operation of a utility which the city does not own or operate; that the budget adopted by plaintiff district shows no segre- gation of items of proposed expenditure for different utilities; that many of the items appearing in the budget do not refer to any particular utility; and that the tax imposed upon property within the boundaries of the city of Blaine is therefore illegal and void. Defendant May answered, individually and as mayor of Sumas, denying many of the allegations of plaintiffs' complaint, and affirmatively pleading that he was mayor of the city of Sumas and a taxpayer of that city; that the city owns and operates facilities for the 'distribution of electricity within its boundaries, pur- chasing .the current from Puget Sound Power & Light Company, and selling the same at retail to its cus- tomers within its boundaries. Both answers referred to Laws of 1931, chapter 1, authorizing the establishing of public utility districts, alleged that property within the limits of the cities was exempt from taxation by plaintiff district for the Purpose of furnishing electricity to the inhabitants of the district, and the answer of defendant May at- 150 PUBLIC UTILITY DIST. NO. 1 v. SUPERIOR COURT. PUBLIC UTILITY DIST. NO. 1 v. SUPERIOR COURT. 151 Opinion Per BEALS, J. [199 Wash. May 1939] Opinion Per BEALs, J. tacked the organization of plaintiff district under the operation the properties of the private electric com- act. panies doing business within Whatcom county, and/or Plaintiffs replied to the answers. other utilities, including the preparation of maps and Harry W. Ingersoll and R. C. Atwood, as assessor surveys, preliminary valuations and operating sched- formulation of and system of development. } . and treasurer, respectively, of Whatcom county, filed ules, plan `Legal services, including those necessary and their complaint in intervention, asking for a declara- proper to establish the valid organization of the dis- tort' judgment adjudicating that it was the right and trict and to enable the district to acquire and place duty of interveners to levy and collect the tax levied into operation the properties of the private electric i by plaintiff district, as set forth in its complaint, companies doing business within Whatcom county, and/or other utilities, by methods of acquisition other against all property within the boundaries of the dis- than condemnation. trict including property located within the two cities "Expenditures for purposes of condemnation of the above referred to. properties of private electric companies, and; or other The action was tried to the court sitting without a utilities doing business within Whatcom county, in jury, and resulted in a declaratory judgment to the event such proceedings are prosecuted, including of the field inventory and appraisals, court effect that plaintiff district is a municipal corporation preparation costs and payments on account of legal services," f' duly and regularly organized pursuant to Laws of 1931, chapter 1, having boundaries coextensive with are for the primary purpose of acquiring an electrical { Whatcom county; that a municipal corporation such distribution system, and that no property located the two cities above named could be taxed to as defendant cities might be included within the terri- within ,. 11�for torial limits of a county -wide public utility district, the purposes referred to in the items ur raise funds p p but, nevertheless, might not be within such district above quoted. for all the purposes authorized by the statute above The court further held that the district could levy referred to; that the cities above named are not in- taxes on the property within the two cities for pur- ip eluded within plaintiff district for the purpose of es- poses mentioned in the district's budgets for 1938 and tablishing, acquiring, or operating electrical distribu- 1939, save for the items referred to above. tion systems, and the property within the cities cannot From this judgment, plaintiffs and interveners have be taxed by plaintiff district for that purpose; and appealed. Defendants have also appealed from the 4.r that the city of Blaine is not included in plaintiff dis- y p judgment, save in so far as the same is in accord with j g , ' trict for the purpose of establishing a water system, their contentions. f !! and the property within that city cannot be taxed for Appellants assign error upon the entry of judgment I , that purpose. holding that appellant district and its commissioners � The court further held that items 3, 4 and 9, of the have no authority to levy any tax upon property 1938 budget adopted by plaintiff district, being the within the limits of the cities of Blaine and Sumas for following items of that budget, the purpose of establishing, acquiring, or operating an "Engineering services, including those necessary and electrical distribution system, and that appellant dis- proper to enable the district to acquire and place into trict cannot levy a tax upon property within the boun- i; 152 PUBLIC UTILITY DIST. NO. 1 v. SUPERIOR COURT. Opinion Per BEALs, J. [199 Wash. daries of the city of Blaine for the purpose of estab- lishing, acquiring, or operating a water system. Ap- pellants also assign error upon the refusal of the trial court to enter judgment, as prayed for in the com- plaint, holding that appellants have the right, and that it is their duty, to levy the taxes which are the subject matter of this action, uniformly upon all prop- erty in Whatcom county, including that located within the cities of Blaine and Sumas. Respondents and cross -appellants assign error upon the judgment of the trial court in so far as the same holds that appellant utility district was organized in accordance with the statute providing for the organi- zation of such districts, and upon that portion of the judgment holding that the district may impose taxes upon property within the boundaries of the city of Blaine and Sumas, pursuant to its budgets for the years 1938 and 1939. Appellants also, as relators, applied to this court for a writ of certiorari to review the judgment above referred to, but as the matter is also before us on their appeal from the judgment, the consider the case as presented by the appeal. For convenience, we shall refer to plaintiffs and interveners as appellants, and to defendants and cross - appellants as respondents. We shall first consider the questions presented by respondents' cross -appeal from that portion of the judgment holding that appellant district's organiza- tion is valid. Laws of 1931, chapter 1, p. 3 (Rem. Rev. Stat., § 11605 [P. C. § 4498-11] et seq.), provides for the establishing of public utility districts, with certain statutory powers, as provided in the act. Section 3 of the act, p. 4 (Rem. Rev. Stat., § 11607 [P. C. § 4498- 13] ), provides for the organization of public utility PUBLIC UTILITY DIST. NO. 1 v. SUPERIOR COURT. 153 May 19391 Opinion Per BEALS, J. districts by either of two statutory methods. A dis- trict may be constituted by a vote of the people at an election called by the county commissioners, proceed- ing on their own initiative, or by vote at a general elec- tion called pursuant to a petition signed by a required number of electors, asking that such an election be called. In the instant case, it appears that the county com- missioners called an election without awaiting the filing of any petition therefor, the law providing that in such cases the coup c e boundaries as coextensive with those of the coun� t_—x,,,.-- [1] Respondents contend, first, that, as the statute provides that a county -wide utility district may in- clude a city which does not okvn and operate all the utilities referred to in the act, no public utility dis- trict could be organized to include all of Whatcom county, as the cities of Blaine and Sumas operate the public utilities above referred to. The act authorizes utility districts to acquire, construct, and operate water, irrigation, and electric systems. The city of Blaine owns and operates its water system, and owns and operates a system for the distribution of electric current, but owns no 21ant for the aeneration of elec- The city 61 5umas owns and operates a plant for the distribution of electric current, but no generat- ing plant. This court has held that a coun -wide ublic unlit district may be organized even thou h certain munic- ipal corporations whose territorial limits are em- braced within the county, own and o erate some of t e utilities authorized by Laws of 1931 cha a referred to. o.yer v. —Public Utility Dist. No. 1, ave 186 Wash. 142, 56 P. (2d) 1302; State ex rel. Washing- t011 Water Pouter Co. v. Superior Court, 187 Wash. 0 154 PUBLIC UTILITY DIST. NO. 1 v. SUPERIOR COURT. s Opinion Per BEALS, J. [199 Wash. 309, 60 P. (2d) 263; Hillier v. Public Utility Dist. No. 3, 188 Wash. 602, 63 P. (2d) 392. Neither Blaine nor Sumas either owns or operates all the utilities authorized by Laws of 1931, chapter 1. We hold that the organization of t district was not invalid because it included thin its limits tTie cities of Blaine and [2] Respondents also contend that it should be held that the organization of appellant district was invalid because the proceedings of the county com- missioners, in calling the election at which the voters declared in favor of the organization of the district, were defective. The commissioners, at a meeting held December 30 1935. aased a resolution which after reciting that it was the manifest desire of a lar e num er o peop e of Whatcom count a ubli utility district in Whatcom county be Organized co - tiru "THEREFORE BE IT RESOLVED: That it be and hereby is the expressed intention of this board to call an election for the purpose of forming a public utility district in Whatcom, county, at the next general elec- tion to be held in the fall of 1936, under the powers vested in this board as provided in chapter 1, of the Laws of 1931, of the state of Washington; that the voters of Whatcom county may be given an oppor- tunity to express their desires in the matter of whether or not a public utility district shall be formed in Whatcom county." Respondents argue that the resolution is defective, in that it does not in direct terms call an election, but merely expresses an intention on the part of the board to call an election, and for the further reason that the resolution fails to indicate the boundaries of the proposed district. Respondents call attention to the fact that the resolution is entitled "Resolution of PUBLIC UTILITY DIST. NO. 1 v. SUPERIOR COURT. 155 May 1939] Opinion Per BEALs, J. Intention," as supporting their argument that the reso- lution did not call any election. It does not appear that the board took any action other than the adoption of this resolution. The pro- posal to form a public utility district was submitted to the voters at the general election following the adoption of the resolution, and the majority of the electors voted in favor of the formation of the district, and such an organization was regularly set up. Proper notice to the electors of Whatcom county, advising them of the proposition to be submitted to them for adoption or rejection, was given in the fol- lowing form; "Shall a public utility district, to be known as Public Utilities District No. 1, of Whatcom county, which shall be coextensive with the limits of Whatcom county, be established under the provisions of chapter 1. of the Laws of 1931, of the state of Washington?" Respondents, in support of their con ention that the resolution affords no sufficient basis for the election which was held, cite Buckley v. Tacoma, 9 Wash. 253, 37 Pac. 441; Kline v. Tacoma, 11 Wash. 193, 39 Pac. 453; and Gower v. Tacoma, 12 Wash. 657, 40 Pac. 418. In these cases, a provision of the Tacoma city charter, very different from the portion of the statute here under discussion, providing for the formation of local improvement assessment districts, was considered. The formation of such a district leads to the installation of some local improvement, to be paid for by assess- ments levied on property specially benefited thereby. The preliminary proceedings lead not to a general or special election, but to decisive action by the legis- lative authority of the municipality, which action is based only upon the matters referred to. In the case at bar, it is not contended that the no- tice of the election was inadequate, or that the voters 156 PUBLIC UTILITY DIST. NO. 1 v. SUPERIOR COURT. Opinion Per BEALS, J. [199 Wash. did not understand the questions submitted to them, or that the vote cast did not reflect the will of the electors. In proceedings leading up to the formation of a local assessment district such as were questioned in the cases cited by respondents, the resolution of the legislative authority of the city ordering the im- provement is the final expression of the legislative will. In the case at bar, the resolution of the board of county commissioners was simply a preliminary step in the statutory procedure for the submission of the proposition to the voters of the county, with whom should rest the final determination of the organiza- tion or non -organization of the utility district. The cases cited are not control here presented., We hold that the resolution of the county commissioners, lvhile somewhat informal and not ha U-N, phrased, was a sufficient basis for calling the s ecial election v� ich i as a al e [3] Respondents also contend that the resolution is defective in that it does not set forth the boundaries of the proposed utility district. The county commis- sioners, on their own initiative, could submit to the yo ers o the count3_r_ a propose ion Tor the establish- ment a co3inJy=31,iLe_district an no other. The notice of the election properly defined the territorial limits of the district, and we hold that the resolution of the commissioners in that particular also affords a sufficient legal basis for the election which was sub- sequently held. In the case of State ex rel. Washington Water Power Co, v. Superior Court, 187 Wash. 309, 60 P. (2d) 263, it was sought to enjoin the formation of a county- wide public utility district, because the city of Che- welah was located within the county, and it was con- tended by the relator that the city owned and operated all the utilities referred to in the public utility district i1 PUBLIC UTILITY DIST. NO. 1 v. SUPERIOR COURT. 157 May 19391 Opinion Per BEALS, J. act. The trial court denied the application for an in- junction, and on appeal this judgment was approved. This court was of the view that the weight of testi- mony indicated that the city of Chewelah did not own and operate all of the utilities referred to in the act. The opinion is authority for the ruling of the trial court in the case at bar to the effect that the inclu- sion of the cities of Blaine and Sumas within the dis- trict was proper and in accord with the statute. In the case of Hillier v. Public Utility Dist. No. 3, 188 Wash. 602, 63 P. (2d) 392, it was held that the organization of a utility district within a county did not preclude the organization of a county -wide dis- trict. We hold that appellant district was organized in accord with the statute, and that the trial court prop- erly ruled against respondents on this phase of the case. We shall now consider the questions presented by appellants under their assignments of error. [4] The trial court held that appellant district has no power to levy any tax upon property located within the cities of Blaine and Sumas, for the purpose of purchasing or constructing utilities which would dup- licate the utilities already owned and operated by the cities. Appellants assign this ruling of the trial court as error. In § 3, chapter 1, Laws of 1931, p. 4 (Rem. Rev. Stat., § 11607), referring to districts less than county -wide, it is provided, inter alia, that, "If upon the final hearing the board of county com- missioners shall find that any lands have been un- justly or improperly included within the proposed Public utility district and will not be benefited by inclu- sion therein, the said board shall change and fix the boundary lines in such manner as it shall deem reason- able and just and conducive to the public welfare and convenience." . G- 158 PUBLIC UTILITY DIST. NO. 1 v. SUPERIOR COURT. Opinion Per BEALS, J. [199 Wash. It appears that, as to such districts, the legislature intended that property which will not be benefited by inclusion in the proposed district shall be excluded therefrom. Section 12 of the utility district act, p. 29 (Rem. Rev. Stat., 5 11616 [P. C. § 4498-22] ), reads as follows: "This act shall not be deemed or construed to repeal or affect any existing act, or any part thereof, relat- ing to the construction, operation and maintenance of public utilities by irrigation or water districts or other municipal corporations, but shall be supple- mental thereto and concurrent therewith. No public utility district created hereunder shall include therein any municipal corporation, or any part thereof, where such municipal corporation already owns or operates all the utilities herein authorized; Provided, that in case it does not own or operate all such utilities it may be included within such public utility district for the purpose of establishing or operating therein such util- ities as it does riot own or operate: Provided, further, That no property situated within any irrigation or water districts or other municipal corporations shall ever be taxed or assessed to pay for any utility, or part thereof, of like character to any utility, owned or operated by such irrigation or water districts or other municipal corporations." From this section,, it clearly appears that it is not the intent of the law that a utility district may, within the boundary of a municipal corporation, duplicate utilities already owned or operated by the munici- pality, and assess the property within the boundaries of such municipal corporation for such duplication - The territory embraced within the limits of the cities may be included within the utility district, because the cities do not own or operate all of the utilities con- templated by Laws of 1931, chapter 1, but their prop- erty cannot be taxed to construct, purchase, or sup- port public utility district utilities already owned or PUBLIC UTILITY DIST. NO. 1 v. SUPERIOR COURT. 159 May 1939] Opinion Per BEALS, J. operated by the cities. The budgets prepared by ap- pellant district did not attempt to segregate the amounts of the proposed expenditures to be made from moneys raised from taxes levied upon the prop- erty within appellant district, nor do they show how much was to be expended for electric distribution sys- tems, and how much for the construction of plants for the purpose of generating power. The trial court properly held that appellant district has no right to levy a tax upon the property within the corporate limits of Blaine and Sumas for the purposes referred to in the portions of appellants' budget above quoted. [5] Appellants contend that any exemption of the cities of Blaine and Sumas from the utility district tax levy would constitute a violation of the fourteenth amendment of the constitution of this state, which provides in part: "All taxes shall be uniform upon the same class of property within the territorial limits of the authority levying the tax and shall be levied and collected for public purposes only." The exemption of property within a municipal cor- poration which already operates a public utility, from taxes levied to pay for the establishment of a utility of like character by another municipal corporation, is a reasonable classification, and applies to all munici- palities similarly situated. Finding no error in the record, the judgment ap- pealed from is affirmed. BLAKE, C. J., MILLARD, GERAGHTY, and SImpsoN, JJ., concur. I j�: 5vpjl�I-MjF C-dvRT CAUPS� B YWY, IMS COUNTY C3T_-EI"SI01 OF rRATCOM C -m-L?, TA : iuuTnN 0 IN Tom: VEATTER OF FOI EYING 6 PUBLIC F£3_ UTILO& Cis INT:a_ DAD UTILITY i IigTICT IN +rRATCOM COUM tTTFA -- It is appyrent to this -,oard th.-t a large number of the c orle pof rha tc: m �^un tp desire the for tivn �f a Public Utility District in t'r;,tcon Count;, -nd- W1 -- this Board firs 'r.Ed t rrunb-r of recuezts rroM citizens of r-hatco3 County M.J.:from organizant ions refire= enting large msmbers of the voters ofrtcon County, Board ro on record as favoring e Public Utility ist-rict in thr: tcon Countp, noV- 7q-:nTF:TE BE I-" F.r��L 'T': - t � t it a and h reby is the �e_xplrers%e- int�nmelon of thAs 'oard to c."ll an election for tl:e rur;lot-e of forninr a Puinlic, Iitil-ity Liztrict in thatcom Co;mty, at the next general election to be hl e!d in the fe11 of 1976, unfer the Porers vested in thi:� Board as provided in Cha,-ter =l of thF- of 1931 of the Btate of En shington; tir..7 t th^ vot-r_ of Tha ^gin County may be given an os .•ortlnity to ter .;r�.ss their deniren in the matter of whether or not e Public Utility Listrict sficll be forged in mat c 2m Cof-3nty • 1 D:)97-' in regular adjourned session of the board this �Oth dap of December, 1935. J. t. Austin Chairman of the Board Frank L. Cra±nr Coamissioner (Co=isaioners' seal) Jacob Z. E i sinner 1ttest: C. C. BPjrhwn County auditor & ex-officio Clr7rk of the Board By L. TAnzer, Deputy 260 Puget Sound P. & L. Co. vs. Pub lie Utility Dist. No.1 259 Witness our hands this 1.3th clay of November, 1936. WHATCOM COUNTY ELECTION BOARD By J. W. AUSTIN Chairman of Board of County Commissioners .............................................. Prosecuting Attorney By C. C. BAUGHMAN County Auditor Office of the Auditor of r Whatcom County, Washington, Bellingham, Washington. November 13, 1936 Pursuant to notice given by C. C. Baughman, County Auditor of Whatcom County, Washington, we, the undersigned, J. W. Austin, Chairman of the Board of County Commissioners of said county, now meet with C. C. Baughman, County Auditor of said County, at the County seat of said County on the 13th day of November, A. D. 1936 for the pur- pose of convassing the votes cast in all of the voting precincts of said County [172] at the General, Port and Public Utility Election, which was held in said county on the 3rd day of November, 1936, the ab- sentee vote numbering eight hundred and ninety- eight (898) having heretofore, on November 9-10-11 and 12, 1936, been opened and added to the figures (Certified Copy) OFFICIAL CANVASS OF THE GENERAL, PORT AND PUBLIC UTILITY ELECTION HELD IN WHATCOM COUNTY, WASH- INGTON, ON TUESDAY. THE 3RD DAY OF NOVEMBER, 1936. CERTIFICATE OF CANVASSING BOARD State of Washington, County of Whatcom—ss. The undersigned, being the officers designated by the law as and constituting the Canvassing Board in and for the County of Whatcom, State of Wash- ington, hereby certify that the foregoing pages are a true and correct canv4,5p,. of. the votes, polled in the County of Whatcom, State of Washington, at the General, Port and Public Utility Election held in the several precincts of said County on the first Tuesday, being, the 3rd day of November, 1936, as taken from the, official - returns and the absentee ballots. That said statement and returns contain the names of all the contestants and questions voted for at the said General, Port and Public Utility Elec- tion, and also contains th6ltitles of the offices sought and the number of votes received by each candidate and question. That the total number of registered voters in all the voting precincts of Whatcom County for said Election was (as reported) 30884, and that the total number of votes cast was 26,293. 262 Puget Sound P. & L. Co. vs. Public Utility Dist. No.1 261 as fou nd and determined by us is set forth herein and recorded upon folio pages. J. W. AUSTIN Chairman of the Board of County Commissioners ................................................................................................ Prosecuting Attorney C. C. BAUGHMAN County Auditor State of Washington, County of Whatcom—ss. I, Pliny T. Snyder, County Auditor and Recorder in and for Whatcom County, State of Washington, hereby certify that the foregoing and annexed is a true and correct copy of the certificates filed by the Whatcom County Election Board and the Canvass- ing Board in connection with the canvas of the official vote cast in the General, Port District and Public Utility District elections held on November 3d7 1936, and appearing on page # 13 of volume #3 —Record of Votes Cast, Records of Whatcom County. And I further certify that the following are the official votes cast for the Public Utility District in said election, and for the three Commissioners elected at said election, as they appear on page #12 volume #3 of said Record of Votes Cast. shown on the poll books of the several precincts. C. C. Baughman, County Auditor, now makes oath as follows: OATH OF AUDITOR State of Washington, County of Whatcom—ss. I, C. C. Baughman, County Auditor of Whatcom County, State of Washington, do solemnly swear that the returns purporting to be the election re- turns of the several precincts in this County have been in no wise altered by the additions or erasures, and that they are the same as when I received them, except that the votes of the absent voters have been added, So help me God. C. C. BAUGHMAN County Auditor of Whatcom County, Washington. Subscribed land sworn to before me this 13th day of November 1936. J. W. AUSTIN Chairman of the Board of County Commissioners of Whatcom County, Washington. [173]' Immediately after the oath by the County Auditor, the said J. W. Austin, and C. C. Baughman, proceed as a canvassing board in and for said Whatcom County, to canvass the votes cast in all of the voting precincts in said County on said Tuesday, the 3rd day of November 1936. The result of said canvass vs. Public Utility Dist. No.1 263 Public Utility District No. 1—For--8671 Votes. Public Utility District No. 1—Against 8189 Votes. Commissioner District #1— A. J. Friese................................................... 8633 Votes H. N. Lintz ................................ 7352 Votes Commissioner District #2— C. H. Park ..................................................... 8291 Votes Gerrit Veleke............................................. 7295 Votes Commissioner District #3— L. H. Darwin ............................................. 7705 Votes Charles A. Pederson ........................... 9119 Votes Witness my hand and official seal this llth clay of July A.D., 1939. [Seal] PLINY T. SNYDER County Auditor in and for Whatcom County, State of Washington. [Endorsed : Pet. Ex. 1. Adm. July 25, 1939. [174] ** * * **** *-COMM.JOURNRL- * ******** *** ** * DATE MAR-21-1995 ***** TIME 15:31 **** P.1 MODE = TRANSMISSION NO. COM SPEED/NTWK STATION NAME/ TELEPHONE NO. START=MAR-21 15:30 END=MAR-21 15.31 PAGES PRG.NO. PROGRAM NAME 001 INC $ 122560456206623 001 -WHATCOM COUNTY AUDITOR - ***************************************C FRX-310 V2.1$)* v p i, �— IU jF C-AD V JZT CA Ll5 IF �I LLt--- ;7385 BEFOPI TE1COTrrY C6? "I^ L I0NFYX OF COU111Y, TAf'" u i ^`I IN 2►IF' UTTER nr LnMiNG A PUBLIC -.YnyTT.?�•*,'-.,,TT!! UTILITY DISTRICT IN COC![iY e . g It i- nn.)rrant to th s -}aard t?-r t e 1rrge number of the `'C%un ty desire the f or7-An Lion r-f a Prubiic Ut-l-1 .t, Lirtrict in Vh teom Count PInc- T'-MR.r'ms -- tl.ir Board }ir s num- 2 `r of recue--ts from citizens of Y�atco3 Cotmty -:n.-' fro—" large numbers of the voters of Caun Y., ems:-i r is n : t�iE Bo aT -o nn record r-r. f avorli mr F public j-'istiic t in County, n.3w_ . r:FF B�_ 17 PL. .O... T. �_„ L �t be a_yd h,+Lreby �Is the t �/ r : sF in -e.ttion of this �ozrd to ef.11 -.n election for t'le Cf farM"-lV s �uX1ic, T.itilftg District in Thatcom County, at t}is rv-xt r enere-1 e;action to be �,r—1 in t�-, fall 04 1976, un-er thy^ , orers vested in th _- Board as rolidf�d in i aF to- ln-3 of 1911 of the Ltate of s:- shinrton; th, t `h-� vot- rs )f 7* ft tC�m i :oant-y 1 may be given an on :-urtlnity to in th" r7�attcr r z n c. ✓ i s c'.. o.P she Leer air not �. j u1.j _i•-.. uti�it� tract ::c 11 be f..r_::�d 1© �''hatcam County. € j Dlq,)N: in regular F:djourned session o3' the Board this f-'nth 8y of D-'acember, 393e• 3. Austin CrairMaa of the Board Frank- L. Lra=er (COMMAEsiowrst seal) Jacob Co=i%-I s s I o n c r Attest: C. C. i'pP rhmn County auditor & ex-orficio C1= rk of the Bloc rd By IL. L. r.inyer, De:-.uty 256 Puget Sound P. & L. Co. State of Washington, County of Whatcom--ss. I, Pliny T. Snyder, County Auditor and Record- er in and for Whatcom County, State of Washing- ton, hereby certify that the annexed and foregoing is a true and correct copy of the Affidavit of Pub- lication of the Notice of General, Port District and Public Utility District Elections held November 3, 1936, as such Affidavit appears of record attached to and [168] a part of general claim #47111, in the Records of Whatcom County. Witness my hand and official seal this 11th day of June, 1939. (Seal) PLINY T. SNYDER, County Auditor in and for Whatcom County, State of Washington. [169] buy )q37 © NQ- '_10 Modifying Contract Employing Engineer #BE 1T RESOLVED, that the President and Secretary of this Commission are authorized and directed in behalf of Public Utility District No. 1 of Wha.tcom County to execute the fvl1ow:-m_qmor&nd= and to affix a. copy thereof to the contract .hereinafter referred tos in the files of the District: 1QJ.0F%K1 D'J1I O HEPXAS, a contract has been executed by and between Public Utility District No. 1 of Wha.tcom County and Engineer R. E. Towne, of date July 9. 1937, providing for the employment of said ea gineer to perform those duties under those terms of compensation as stated in said contracts and *WHEREAS# it was provided in said xontraet that it should be voidable by either party in the event that arrangements could not be made within sixty days from date of the contract for the cashing of warrants issued -hereunder, pursuant to the covenant to withhold demand for payment upon same for the period of thirty months from date of contracts and +WHEREASP it has been found that warrants payable thirty months or other specified period from a Mated date might not be issued and marketed to advantage by the District unless and until a decision from the Supreme Court of the State of Washington were secured up- their validity and that the e is t+ruo of deed warrants i.sswd 'Rursuant to covenant to withhold demand for payment upon same far any specified period3 and xWE-I RLAS! the interests of the district -require that the +ploymeiit of said engineer be continued to the end that all steps be taker: necessary and proper in order that electric facilities Or the district be acquired and placed Into operation at the earllei3t date possible# now therefore$ alit consideration of the mutual promises herein conta.i.neds _Publi.c Utility District No. i of Whatcom County and Engineer R. E. ' Tome _ hereby agree as followss" "The terms of the contract above res'erred to are hereby continued in full force and effect except that the following provision thereof if hereby deleted: "In order that the district may be saved the necessity of levying taxes or issuing general obligation bonds.,the engineer agrees, for himself and his as6ia nees, that he will not, for a period of thirty months from this date, demand payment of such warrants from the district, unless, at an earlier date, the district has funds available from sources other than levy of taxes for payment thereof., provided, that the district proceeds promptly to acquire the properties above ref erred to, and provided further that the engineer is able to !Hake arrangements with some bankor banker for the cashing of such warrants at par value or at a price agreeable to the engineer and not exceeding the par value thereof. If such arrangements for cashing the warrants cannot be made within sixty days from this date, neither the dis— trict nor the engineer shall be under any obligation to proceed further with the performance of this agreement, and the services theretofore performed shall be paid in utility revenue bonds or Stith other funds if the district so decides." Executed this 12th day of August, 1937. P`UBL1C UTILITY DISTRICT 110. 1 OF WH,A 1 C OM COUNTY By Chas. H. Pedersen H, E. Towne R. E. Towne C. H. Park A. J. Friese This resolution was passed by the commissioners of Public dtility District No. 1 of Wh�?.tcom County this 12th day of august. 1937. Chas. A. Pedersen i C. H. Park Commissioner A. J. Friese { "xrnnrrnnntrnnnntarrt�a+ttnnttn"rtrrrrntrnsrnpsrnra� " Public Utility District No. 1 " s of WhLtco.m County n n W a shing ton n V Official Seal " " Organized 1y37 " "nnnnttnntrntr�,t=r=nrrrnntrnrtitrnttnnr rtnrrrrntrn 1§2LUIIQI -2 VTWMW1the commission of this district, of date July 9# 19257# duly authori.7ed its 'resident and Secretary to execute for and on be- half of this district that certain contract with ,.)uy {C. M),ers of Nor fork City, set forth in the records of the districts and "ViiiEREA.Sx It has been found that warrants peyable thirty months or other specified period from a stated date might not be issued and narketed to adve;.ntage by the district unle s sad until a decision from the Supreme Court of the Mate of Washington were secured upholding their validity, the expenses of which suit the District does not does it advisable to essume at this time; and the commission has found, further# that the same is true of dam.and warrants issued pursupnt to covenant to rithhold demand for payment uponsane for any speciff.ed period,9 and 5, the commission after due consideration deems it- to be to the best interests of the district that the contract with the banger be executed, with the modification noted below# to wUch tho banker has agreed, now therefore* "BE- IT dBSGLHILD, that the President and Secretary of this commission are authorized to execute .for and on behald of the District! with Guy C. Uyers of how cork City, the contract above, referred to, subject, however, to the following deletions and insertions, which the secretary is directed to make thereint "l . Delete the following provision from Section I W t Me Banker agrees, for hiuwlf and his sssigness, to refrain from making any demand for payment of any of said warn- nt- Issued by the distract For the period of t ,irty (60) .months the date of this agreement, unless the district should call the warrants prior to that time. They Banker covenants to save the District harmlesz from any claim or damand Made or any suit brought by or in behalf of any holder of any warrant prior to the time above stated." 02. Insert is Section 3, as additi.ontl paragraph, just before the last parag,rrph in said section: "The compensation payable to the Benker under this section shall be couputed upon tale purchase price or condemnation award or actual costs of con: tru,ction of facilities exclusive of legal fees or fees paid by the District to Bang . er. a "u. Insert as Section 14 of the contraett mill questions pertaining to the -execution or performance of this contract shall be determined according to the la:,, and in the courts of the State of lashing ton." Faa.-I � by the Comissioners or Publics Uti.1-Ity Diatriet No. I of Whatcom Courity this l th day of i- u, ust# 1957. The for o-ng resolution, and the memorandum as =t fortli therein was signed by each and aU of the commissioners In opoft session, and the corporate seal was affixed to each of said ftstruments. It was pointed out that the deletion of the provisioux relative to withholding demand for payment up= the,warrants of the district in the contract with the Bauer sad* a deletion ne*Oases in the agroements heretofore executed with the eng and at ru: ney# re-speetivoly. Aft z due consideration tho notion was made by Ir. Park and carried by the aff Irmative vote of each and all of the comaissioners. that; the rosolution eodilylsg the amtract i th the saginoer be eaut* t :�ifq �937 AL' & —T I Q A M "III odif; in, Contract !� apl.gying y t tarn s riBZ'j IT RZWLVPD, that the Presidan.t and :.ec- eta.ry of this CaaxtizLioa are authorized and directed in behalf of Public Utility District No. l of ihiatcom County to execate tore followi.z�-&- memorandus and to affix a cap; thereof to the contract herelwfter referred too In the files of toe district: V? a K S, s contract has bedn executed by and betfigin Public Utility District tio. 1 •ff Wbarcom Gryanty and this laws firm of Aoughton & Cluck of date 1pril , L. 67, providing for the employment of said attorneys to perform those duties, Sander those terms of campensati:�n. stated in said contract, and Of: ABAS, it was provided in said contract that it should be voidable by either party in the event teat arraage=ents could not be made within sixty clays froia date of the contract for the cashing of warrants issued thereunder, pursuant to the covensat to withhold dead for payment upon same: for the .period of thirty months from date of the contract, anti MWl & i LA6, it has been founa that warrants payable thirt7 months or other specified period :ram & stated duce ziZht not be issued and marketed to a►dvpntage by :he district unless; and until a decision from the Supreme Court of the State of Wa.saington were secured up Bolding their validity, and that the same is true of demajid warrants issued pursuant to covencunt to witahold demand for payment upon saute for any specified period, and the interests of the diatr�ct re -Nu J.-re tiatit the employment of said attorne;jra be continued, to Vae and tnet all steps ko taken necessary and proper in order that electric facilities foi- the district be aequizel and Aa.ce;d into operation at the earliest date pOBa,J ale, noy. therefore, "In c_naiderat ion of the mutual pro&-! ses herein contained, Public Utility Listrict go. 1 of Whatc•:-jm County and the lair firm of Houwhtca do Cluc% hereby agree as follows; "The terms of the contract above referred to are hereby continued in full Force end effect except that the following provision thereof is hereby deleteds "In order that the district may be saved the necessity of levying taxes or itsuin, general obligation bond: to tray the f€ as of the attorneys the latter agree, for themselves and ttLeir assignees, thet they will not,, for a periad of thirty- mks from this date, demand payment of such wEr,rants from the districts unless, at an earlier date, the district has funds available for payment ther'oof, provided the district procoed3 promptly to acquire the properties above referred to, and provided furt"er that the attorneys are able to make arrkngements promptly with some bank or bander for trio casLing of such warrants at a price acceptable to the attorneys,, not exceeding the par value thereof, If" such arrange— ments forcast.ing the warrants can not be made within a sixty days front this dates neither the attorneys, nor the district shell be under any obligation to proceed Further with the performance of this agreement, and the services theretofore performed shall be paid in utility revenue bonds or with other funds if the district so decides.8 ExecuwOd tbl.s 1 eth day of August, l`.+Z'7'. PUBLIC UT ITY DISMICT NO. 1 OF tid"(pile COUNTY Aougbta-n & Cluck Passed by the C:o=issioners of rubiic Utility District No. i of Whatcom County t1iis ILth slay of. August, 1.9.37. �flr!�lqAt►3�t�i31iXl1l919F:R�ilittl�Fflirttfl�-riittlClFl�tiltitii�itl�� " PCubi .Utility District Xo. 1 of � ° Whatcom County, Washington a a �rfficial Seal a n Organized 1937 � �sn�ancittu�r�st�nKrrrrnnrair:;sir, Aflttgllnrs�Hi#rlAe111r�R1111 4R� 193-7 REs0LUT_j9 t &011 '*odifying Contract Employing Attorneys "BE IT RLSJLVED, that the President and Secretary of this Commission are authorized and directed in behalf of Public Utility District No. 1 of Whatcom County to execute the following memorandum and to affix a copy thereof to the constrict hereinafter referred to, in the tiles of the districts "W EREAS, a contract has bedn executed by and between Public Utility District No. 1 of Whatcom County and the law firm of Boughton & Cluck of date April 0'Z";40 1947, providing for the employment of said attorneys to perform ti�ose duties, under those terms of compensation stated in said contract, and OWHERE,ASp it was provided in said contract that it should be voidable by either party in the event tLa,t arrangements could not be made within sixty days from date of the contract for the cashing of warrants issued thereunder, pursuant to td-e covenant to withhold demand for payment upon same for the period of thirty months from date of the contract, and "Wlihf€U; S, it has been found that warrants payable thirty months or other specified period from a stated date might not be issued and marketed to advantage by the district unless and until a decision from the Supreme Court of the State of Washington were secured upholding their validity, and that the same is true of demand warrants issued pursuant to covenant to withhold demand for palment upon same for any specified period, and aW1ERE.k6, tLe interests of the district require that t1ae employment of said attorneys be continued, to the end that all step. � �e taken necessary and proper in order that electric facilities for the district be acq,A red and placed into operation at the earliest date possible, now therefore, !'In, coxl.-:;~'r-ration of the mutual promises herein containedo, Public Utility District No. 1 of Rhatcon County and the law firm of Houghton & Clue* hereby agree as follows: ''The terms -,of the contract above referred to are aereby continued in full force and effect except thc.t the following pr©vision thereof is her eb deleted: "I'n order that the district may be saved the necessity of levy ing taxes or issuing general obligation bonds to pay the fees of the- ettorneys the latter agree, for themselves and their assignees, that they will not, for a period of tliirty mmths from this dater demand payment Gg such warrants from the district, unless, at an earlier date, the distri ;t has funds available for payment thereof t provided the district proceeds promptly to acquire the properties above referred to, and provided further that the attorneys are able to make arrangements: promptly with some bank or hanger for the castling of such warrants at a price acceptable to the attorneys, not exceeding the par value VkSALrtiof, If such arrange- ments forcas:-iing the warrants can not be Made within a sixty d,:y s from this date, neither the attorneys, nor the district shall be under any obligation to proceed Further with the performance of this agreement, and the services theretofore performed shall. be -daid in utility revenue bonds or witif other funds if the district so decides." Executed this 12th day of kugust, 1 Z� 7. PUBLI(; UTILITY DISTRICT NO. 1 OF WhATCOk COUNTY -6y__ Gigs s .. e,-1 ee= doughton & Cluck _ A. J. Frieze Houghton & Cluck a Passed by the Commissioners of Public utility District No. 1 of Whatcom County this 12th day of August, 1937. ttgl!1T17tt11t1TiiltTtTRR1tTTriT8T;T1f1trTITiT;1?11It11TTt1tt11ntT1!titTtt1T11 " Public Utility District ho. 1 of � " Whatcom County, Washington r' " OfficiE.1 Beal rr " Organ; zed 1967 If oil Nfl11O1Tttf1Tt1tI11fT1r!rTi11TTtT1'1R!;T1Iiti1111"lint] R"ll111111111!" �-Jp�- IQ3-7 CONTR.k in consideration of the wutus:l promises herein con.taincd, public Utility District No. I of-.='hLteam County, Wz si-iizv-; ton,, hereinafter referred to as the district, and the law firm of houton & Cluck, herei xafter referred to as the attorneys, hereby iagree b�s follows: The district hereby retains and employs the firm of Houghton & Cluck as chief counsel to represent the district in all legal matters which may arise iadident to the acquisition by the district of all right, title and interest of any and all _privat;:: electric com�oanies In and to any properties within the district which the district may elect -to acquire and place in operation. The attorneys agree that an attorney 1- rom their firm shall attend the regalar monthly meetings of the commissioners of the district and such other commissioners' meeti.nga as may be reasonably necessary, and that they will consult with and advise the commiszloners in all cutters pertaining to the district and their duties and obligations as commissioners. f1he attorneys shall pre ire all resolutions, con tracts, forms, vouc �crs, Instruments and records vi.,ich the shall. rewire. the period of their e;.apioytaei.t with t'-ic distract, the ..Lttorneys .._:t accept em 1oyi:.ent i r:,i-: r•sons or corporations having hostile or adverse interests to the district in -pending matters, but shall give their best efforts and ability to the end that the dis— trict will be fully protected,, transac tiars umr. cessaril.y gtv rise to lair suits avoided, and that the district sv., ll enjoy all - -..hts and privileges which e_re granted under the law. The L.. t Lorneys ;shall p -oseti ute , or defend,, its t.-.n tate and Fe seral Coo ta, all suits Lnd proceedings bra by or uga,inst the district as they shall F ar_ cued to �':� the ,-�trict. The attorneys shall wort in cooperation with the engineers employed by the district in formulating plans for the acquisition and commencement of operation of such properties within the district awned or operated b. privr tc. :,-Lee �,_7i.c com . ins, 6-s :he di- L-trict -.j .y elea � to acquire, a=ld sliaLl a vlsc the di-. i�.t z_s to :I.e ,olutio-- of ai.j_ :.egal -problems perta,inia- -here.' o. The., S..L - i formsiatc a pro.-Aure = reby such aroperties as the distri�- t ­o(_uire- may be, purchased at as low a price as pos:::ible, consistent with their pr A acgUsition, , if possible, unit:. --t obligation on the part of the _'strict ei.t'.er t,_ :-evy taxes or to Ass-e general obligation bands to pay such purchase price or and part thereof. The attorneys shall prepare all pleadingsa papers and Instruments and shall take steps designed to establish the legality of the organ- is:ation cf the district and of al proceedings leading up to the Issuance of bonds to acquire the -properties herein referred to. ,�6 eompensatioxi for all iegai servi s rendered hereunder leading uY to and including the i shuanc a of utl ! - 'uy revenue bands to defray the purchase price of all right, title intf,rest of the private, electric companies in and to those properties within the district rhich the district elects to aequi., a by-ethods other than condemn-Ati.on the district shall pay one --eighth of --ne per cent of such bond issue, payable in utility revenue bonds. BUring the course of the work-efore— saia thr di:- tr.ict L_ r'etz�:iner of 875.30 Fr emu.- �:�,-,ayable on the l0t1A da.y of cacfi raoutr com-,uenc i.ng May 10, 19370, the amount of such retz: aner to ;ie deducted, ho-. eaer, t rom ; Fie sum to l:= id the: attorneys whexz s�-iu b«.rus �re i.-sued. ...:•vw.oes rendered by the attorneys 3n coin-lectioM with applications for loans or gradts from the Rural Electrification Administration or other governmental agency shall not be governed by this agreement but the compensation therefor shall be such as may be prescribed by such administration or agency. The attorneys themselves shall pay all their +ey.3�enses except the followings court costs and disbursements and expenses Incurred on suc = trl..)c- gs 1-ac. district may d-irect tile::;, to taken outs :... of the State of sh..mL ton, ane telegraph charges wade to prints outb_ a the State. :��:. of slid ex,)enses shall be incurred au.til after con3-_,__tat1on with and &�� >I:3Vc�1 by the district. Vue i VtJAi eYS aj,rCc tO �nCCePt p&yaent Of heir Ces ir", WaY'rarits of the district or in utility revenue. bonds. In odder that the district m�,_ ' be save he n ceSSity Of l evYiT1�' utai �S or �. �: ?�SEalg s��T7Fr� � e'�ll,�;�xtiOn bonds to pay the f ec s of the G ttorney s, the latter agree, for taAem- selves and their assi-nees, that: they will not, for a period of thirty months from this date, demand pa,.tent: of such warrants �r m �he d4.sLr.ict, uTiless, at an eE.riier date the district has fu lds available for ;paymen.t thereof. Provide6j, 4"ie district proceeds promptly to ac ' mix e the properties cbove ref—_-~•Y°ed to, and provided further that _�-_ � t orueys Eire big to le urrr �Z er ents promptly ;sIth some �aix� or r�rxrz�.r for the Cash)-ng of such wLrrants at a Brice c�C',i.'.ept� __ble to t1a �t.t�:'.��N�S, ':lot exceeding the par value thereof. If such arran&ements for cashing the w�_r writs c1au not 'Le v ithili sixty nays Afrom this €it,te, neither the attorneys nor the district shL11 be under any obligation to proceed further with the peri`ormaace of this �Lgreem.ento Lrid the services theretofore per.formea shall be paid in utility revenue bonds or %�l th other funds if the district so decides. In the; event the di> triet decides to f cquire Fuay property or pro-orties by con.cemna.vion or eminent domain proceedings txhe coax pens. tia¢l of the attorneys for such proceek3 ink s shaLi be agreed u jon by the parties or fixed by the Judge of the Court in which the, evidence is heard and the cZ..use tried. In the event the _iarties hezeto are ,sizable to agree upon any 2ia.tter involving cortpeas5,tion due under this coatr�.ct, the question Shall be settled by sub_%_J.tting the same to a board of three arbitrators., one of who:.. shall be: selected by the district., One by the wattorneyz;j ani. the third siaall be the Ju+i-;e of the Superior Court of the County in whip'! the district is situated. 1�-: the event i�,uch Ju-5e is unable or unwilling to serve, the third arbl-.ra.tor stzc i be �:,elf_•cted by the other two. The avErd wide by the arbitration commission shall be binding upon all parties to this rgreement. Fi.ecutcd this fZ4th day- of April, 1ti37. L;,;1,L1G UTILIT" �Ite:.i-:I(.l it of r hatcom , OW —I y ¢:y Chas., I.. Pedersen H. 'ark ) Commissioners n. Fri.ese ? by Jac?, H. Cluck i}pr tgS7 C 0 N T R A C T in consideration of the mutual promises herein contained, Public Utility District No. 1 of Whatcom County, Washington, hereinafter referred to as the district, and the law firm of Houton & duck, hereinafter referred to as the attorneys, hereby agree as follows: The district hereby retains and employs the firm of H.uunhton & Cluck as chief counsel to represent the district in all legal matters w�lich may arise incident to the acquisition by the district of all right, title and interest of any and all privat; electric companies in t,nd to any properties within the district which the district may elect to acquire and .,lace it operation. The attorneys agree that an attorney"ror, their firm shall attend the regular morthiy meetings of the commissioners of the district and such other comralssionersf meetings as may be reasonably necessary, and that they Twill consult with and advise the commis" ioners in all matters pertaining to the district and their duties and obligations as coAmissioners. The attorneys shall prepare all resolutions, contracts, forms, vouchers, instruments and records which the coma mi.s;si=oners shall require. burin; the period of their employment with the district, the L"ttorneys shall riot accept employment from persons or corporations having hostile or adverse inter sts to the district in pending matters, but shall give their best efforts and ability to the end that the dis- trict will be fuli� protected, t.ransact.iors unnecessarily giving rise to law- suits avoided, and that the district shall enjoy all rights and privileges which ::.re granted under the law. The cttorneys shall prosecute, or defend, in the State and lie-:eral Courts, ail suits and legal proceedings brought by or Lgainst the district as they: shall be directed to do by the district. The attorneys shall wor* in cooperation rith the engineers eraplo;,Ted by the district in formulating plans for the acquisition and co auencemerit of operation of such properties within the distract owned or operated by private electric companies, as the district may elect to acquire, and shall advise the district as to the solution of all legal problems pertaining thereto. Tuley sha"il formulate a. procedure whereby such properties as the district rec_uir-es may be purchased at as low a price as possible, consistent with their protapt aceluisiti-)n, acid, if possible, without'obligation on the part of the district eit:er to levy taxes or to.issue general obligation bones to pay such purchase price or an- pLrt thereof. The attorneys shall prepare ali pleadings, papers and instrixiients and shall t�.ke steps designed to establish the legality of the organ- iiation --�f the district and of all proceedings leading up to the issuance of bonds to acquire the properties herein referred to. As compensation for ail :iegal services rendered hereunder leading up to and including the issuance of utility revenue bonds to defray the purchase price of all right, title and interest of the private electric companies in and to those properties within the district hich the district elects to acquire by methods other than condemnation the district shall pay one -eighth of one per cent of such bond issue, payable in utility revenue bonds. During the course of the vrork afore- said the district shall �)ay a retainer of $75.00 ?er month, payable on the 10th day of each month commencing May 10, 1937, the amount of such retainer to be deducted, however, from the sum to be paid the attorneys when said bonds are issued. ;-ervices rendered by the tAtorneys in coz,"iection with ap piications for loans or grants from the Rural Electrification ication AL.-ainistration or other governmental agency shall not be governed by this C-.greement but the compensation therefor- shall be such as may be prescribed by such administration or agency. The attorneys themselves shall pay all their expenses except the following: court costs and disbursements and eaperises incurred on such trips «s the district may direct them to take outside of the State of Washington,, and telegraph charges made to points outside the State. i .one of said expenses shall be incurred until after consultation with and approval by the district. The attorneys agree to accept payment of their fees in warrants of the district or in utility revenue bonds. In order that the district may be saved the necessity of levying tales or issuing general obligation bonds to pay the fees of the attorneys, the latter agree, for them- selves and their assignees, that they will not, for a period of thirty months from this dE:te, demand payment of such warrants rrbs the district, unless, at an earlier date the district has funds available for payment thereof. Provided, the district proceeds promptly to acquire the properties above referred to, and provided further that the attorneys are able to make arrangements promptly with some bens: or banker for the cashing of such w�.rrants at a price acceptable to the attorneys, not exceeding the par value thereof. If such arrangements for cashing the warrants can riot be made within 'sixty days from this date, neither the attorneys nor the district shall be under any obligation to proceed further with the performance of this agreement, and the services theretofore performed shall be paid in utility revenue bonds or with other funds if the district so decides. In the event the district decides to acquire any property or properties by condemnation or eminent domain proceedings the com— pensation of the attorneys for such proceedings shall be agreed upon by the parties or fixed by the Judge of the Court in which the evidence is heard and the cause tried. In the event the 1)arties hewto are unable to agree upon any matter involving compensation due under this contract, the question shall be settled by submitting the same to a board of three arbitrators, one of whom shall be selected by the district, one by the attorneys, and the third shall be the Judge of the Superior Court of the County in which the district is situated. In the event such Judge is unable or unwilling to serve, the third arbitrator shall be selected by the other two. The award made by the arbitration commission shall be binding upon all parties to this agreement. Executed this 2/-.th day of April, 1937. PUBLIC UTILIVY LI�:�TRICT #1 of Whatcom County By Chas. L. Pedersen C. H. Park ] Commissioners A. J. Friese HOUGHTON & CLUCK by Jack R. Cluck �.,iyLd'�:r�hCT 11I CUIl ;lid 1'c T _7Ei o DTl:�i'l l" I`I6T-ftICT 1-:C. l of `(Ihatcoil County, herC roil ,-fter refereed to as i ilir c1-15 %r _E' i;, � i1C1 tC. i:. CJ:,iVh, i;,�Ll5ilitiIlg illc'el', hereina ter to is t.Clc. en,:-iT. ec ].', hereby agree as olio �. le C`.I. ?-tT'ic il- '1;?.L' : il�' �.. i.Li'7 J' S �ii e.iI;i:lc'er t:) pC_'i,.Cob it =wll ' L i �- i110E i'Lihk; Se Vi,.h S ii('iCieil t .-1C �Cc_G_lil(; UJ v7 i1e ciC+ ili sli <<�'"1 'L;y' _!1 E. List Lct ;jJ' all i 1' ki;ht, ti'u_Le and ini;el Guest o the pri a i u elc'( �C C �ii11 riiE?S L! a -id 'to those prOL)�r'GLG'S i thin the district ct U:+_5i;.i'ic 4i <.iF: _' G`� to Ci. iIr c �` ,,, .-dethod S : t-l-lo " th-an conldei-in i LWile e zy.illeel' c�;re__ s -t'ticat ie lhimself 01' a C-JIIpet`nt asoc` aJ- _. e.C?" �in,. 1- i i ��� G ie Ana' e ;11 ii' ii .�:^' . e nc ;:issiv�lars whell re: aest_'d 'to do so, uicl re,,ervc.s the right to a.t l,e and any 'and all ot,iez° at 1 t sh a.L_L ibE: iniS d,-,ty tJ t;oiiS._Lit ,tiiti zitta 'Qv:LS@ i ]E l Ji ;;i SSLUiIri S re:iati"v@ -L;o the gcner:a.l englneeria'- U"t7 t r ct uri1F.iic ci'�C^ �` 2Ci :; y- +.:itl i10 Ile.p bti, .he di , tricethe�eilgirleer shall lzot accept �.«i) i _�Y r�e It oLi ;.i✓ r 7'.�:)% or iJr:iUriit? Jrl- t14.'lriy iIoSU-LIC ^v'- acver s- UiLErestc to the ulstrtct in `e ,. Ing -.iati eT�, I3L lal� �ive his GSI Cy o. tS LV �_bi Lit - to Line 4:�e1'I't!i : =11Ce of ,_iC'_i 'c'mgiIi� ran.,7 se wises. Tlie o-ngijaeer s_lwll )recEre a ge. eral descriL)tion of all. -ro lerties o,,,,i-d or operated bYr lhe evcr�.l -e po 'cr comipan,ies vltlin the district. lie -shall L. "%11ot'Qa .Iq study of such pro perties, and shall a 'com- Pr _iiel_sive jid showing the me st lc�-si;-ie method or p,: ocedia.re by which any or all- of such ;pro-c�er ties may be acquired, and the district; ..Raced 1T310 i :lE' uuCCw S5'il U..;erati0 uI1C. J-i?il,SS Of sL3 )'jlyiYlg el'< Ctr.1C e:ies j/ 'Go JLU-S ihl.r abitL,-Lits. the eiagincer shaLi furz s!l ecomlC-nd ations at 'to v:Thich )ro-perties it is advis; u:L(::, and 3 hi c=1 of the pru-)erties t is I nLtJ,vi:.ia b1Ee, for the di strict to acc,'aire, wti' ch recommci' Cations stay e Made ii reference to tale rvla.tlon bst�:';ecbl tr-nsmiSSiC a f.,nd cti:;tr,iaAtiJri lines and soirees of prose and r.)ote,-ItL41 pol--er _�:i-.7 t le a lo.Inu Of CI cc tr- c f_'Tiergy necCS ;-.-,ry' to slug-:pl udcrpuU- 160-.Ly the needs of ''iae district, for the i�;..flediate future, and s'•_l". h Ot.C1C r ;.%LOr i cIlu C14ti ryvriiCil the engineer $} 2..L . ?'u1"i; Sri _:L :t4 Z; r€'UOT't. Also, 1,11C, E-Ligi -Aecr .3=1all prepare and _ uril.-iwh pre ? mill'ar ;f' eS C,im- ates LS to t"Ie d LUL O� said 7rn-)e r ties t or the rar )U Sc of 23C' �oti�i tion foe purchase. 1"he Cd:1W c s-:,ihich the c..il.nE er sh€;.il Cep ---form ihi der t'iae "eri:ils of t.Iat- Contract are specificu!_Ly- defined as foiLows: i.. pre Jul a doll of a map, or ff;; Ps, 'i ni [p shall show: u The entire area .:i+-Iain the district, se tiro- forth locations, ki.ads. a -ad capacities of pocver pl.a_'1'ts, princi- pal traiilsmission lines, substations and loads served b- Sa"Ie. (b) IF,. sche. e or p.iz:n of consolidation, indicating the geliE ral relationship i)etweerl s-Daroes of suppi�-, tr-ark trc isiT; -_Call idles Lincl ie,,v iiaE,S nocessary for caa; 'lec — _Lit, diStr ibatiDn faciii-�,-i 's to sate '-xithin t Af`--istri at, ti. ei� i�1 ref E;reace to �ucll ft_ci lties f_;:1 ad jacezl t 2. _<iu'kinq Ei stady of puver su )ply anu demand by the districtt o erg: ting In inter-co_inee ,io_1 '?yit l suc).0 o Lher ::.bl- tat_iz c iatr' �' as wear ,orate tic able. 5 . Y e J 2 c_'l 1'� 1, ith l in .-uIC i:ita l .ri. t l Co, -vise_., of a coruplete of ila',C.r ;' .. 1 �T to C! Ea.i_: 1.'1C US, ':';fiIiC'n ) En, Yaoa irks- )o.L"r`a,te aii of t'i"li i'� �'�';�rG of -waif ied U t)e catioli of conso-Lida Ge(k ' E Tlf? c t] Oil �i11f tru_h_.� arc=15Tt11S ;7.UY] S�tStL'11, co eri'h'' bsi _=eC' an c_rec Of the State C_ ciS,1?il"tCJdi c,v' b i' i result in the oa A) rt1on econofay for the r istZ'lC.t. A.. `:ettin.g forth existing i'aciiIti.es and. a.v .il�,.bic> s�ati&tic,s in such detail as will best convey to the a working knov-,ledge of the properties involved. 5. Setting ror.tl:a, by description, additional T'aci1_1 ties as cinte.ao-U,ted iil above seetioll `1-b) 6. Tabulation of preliminary cost--estf,rriates from avhii&bic; C-Uata for above .item (5) and for preliminary valuations concerned 1n «��ovrc ite,-i (1+) in wuch degree of corrTp--L teiiess! arid. detail as 2;hali 1,e LUC,- fiva- to .for purposes of negotiation for purchz, se of the pru-crtd~. 7. Prepa.r�-,tion of an opperating schedule for the district fur t;.le r.,ov.er 6u'1,?;:)1 ,. a,nddelivery of a dis t 'ibu tioll S: si,em, S4 . Preparation of a finz nc:xal .`i"tciteii'iGi3G 1`usec1 Upoil ex.latlrig bu6iness and present revenues, or, if bucia dLGE: is IIUv ail estirwa.-te ba.E;ed u,,)on the best information oYlt=airi bie, set laig forth revenues for r period of ten years last pest (or For such aeriod. as tfte utili 1Gy h�..a been in exi6tzr Ice i ' less than tca -years) and probable revenues, operating and maintenance expenses �.-nd income available for bond interest ano :a.mortization, taxOL, surplus Sand other necessary items for twenty years -future operation. 9. Prepare a writ ten recouoend.�_tion, corn :erred in by counsel, as to the rl;ost ecoriomic�il, ;)rscticai and expeditious Method of ell- gagin6 in the power business a.ccord ii4. to the f'i-lidinas set io-r l'c. in the eight (a) stipulations immediately pre4eciiiig, t-.s full compensation for the perfol,walices above specified (Wl;ich sh�;ll be incorcorat:�d in a. report to be filed i'th t,,.e district), -U-ie district agrees to pays t'ne engineer tlae sure of �,e#,f���.;�u ;_:uch com.)ensation sh,,:ll be due and payable; as follows: The sun, of $600,00 ShL ii be paid on the 10th day of June i )� ; , anti w likc aiao :tiit on the s,.me dray of each. and every month them-,&f ter for a per. io,i of seven mont'is. such rlonthiy installments. shall be paid in warrants of the District. The balance of the Engineer's compensatio,i s'iail be say- able in utility revenue bondL, at the time such bonds are issued by the district for the �)urpose of acquiring the _properties and facilities above referred to. In the event such bonds are not issued the engineer shall receive; as full compensatioa for his services only the seven xonthly- instL,liments hercinabove refferre,d to. The Engineer shell pay all �iis exrensea except those i,lcurrCa on such trips as the district may direct hiirl to take outside of the State of Wa.shing-toxl, which expenses shGil be incurred oTaly Ef'tEr consultation �1,7ith end writteza approval of the ed8trict. The engineer agrees to accept pEymerit of his fEc;s izI v,,c.rs•ur.ts of the district, or in utility revenue bonds. In order that the district may be saved the necewsity of levying; taxes or issuing general obligation bonds, the Engineer agrees for himself' and his assignees, that 'rae -vrili not, for a period of thirty months Prow. this date, demend p&yment of such warrants from the district, unless) at an earlier d4.te, the district has funds available for payuent thereof; provided that the dIEt;rict proceeds promptly to acquire the aro_Derties above referred to, and provided further that the engineer is ,.ble to Lrrn�;_gements %1th some bank or banker for the cashing of such warrants at par value or at a price agrE:E;- able to the er!gineer, and not exceeding ,,he par value tkaereof, If such arranger -teats for cashing the war.^ants ccrLiot be iili:.de within sixty days from this d&te, neither the district Igor the enGineer shu11 be urd er any obligation to prose. d further with the perform- ance of this agreement, and the services theretofore performed sha11 be :,aid. in utility revenue bonds or Trvith other funds if the district so dec3edes. In the event that the district deciaed to acquire arAy proper- ties or property by condemnation or eminent domain proceedings or requires E.ny additional engineering services over and abQove those specif{ edo the compensation therefor shall be agreed upon at the time such work is authori-ed. Executed this :nth day of May 1937. R. E. Towne PUBLIC UTILITY DISTRICT NO. 1 OF WHATCOM COUNTY By -- _Chas. A. Pedersen__ 0 - H. Park ---- A. J,,.Fries®.._. "it It" V11IfIT}TIf"ITITIf" V'11n Pffil "If# ff IT It MT 111111 IT Public Utility District No. 1 of Whatcom County* Washington t1 Official Seal Organized '1937 ffttlTTt11L111t1f11f1111f1p11.1111f1b111f1flx1d11tRIII 1T""ITft1t111iHltlf Its coa iceratlo;v -)f tile ra:ztaai aenE;in contaiaed_, f':?BILIG UTILITY DISTRIC-:;T NO. 1 of 0�hateom County, he:. c=i=?, ter :referred to as the :E{ str .ct, �:.;.ci R. E. TjfliE, ConsultL g i~<nijaeer, hereinafter referred to t:s the engineer, hereby agree as f`allows: i fie dl:striA' L ''nereby e?-, i_ oys -he £'-4 inecr to Clea,for:11 all e:Yi-- z,? P1C f'rL -- serv.i:;es incident and .;ead i qg up to he ac-u-is, s� c,l JIl t) j' Ll1+ Listrict of all riZht, title and interest of *,hey prlvz:te el-ctr'ic c:,oil �sr.iesj ica and to tizose properties within the district �>.hich the district elects to ac(;uire by methods other than louder-,&A,ioa. `I`:ie ea4laeer ogre _s that he himself or a competent €:stoci.ute erigincicr shall s ttrerld the vtectinr,, of the v: en L _ Su, ..l-d re3p'rv4::s the right to t tcuad any and all otbe-l- s'fd e' llo:. at his own. discretion. It she-!! be his deity to t:n u; is�itrccis reiati.ve io ale generai ergineeria6 p1"oble:l s i,r:i.sing out of the business of the district. NrinF the ,eriod or h#�_ I- oy- erlL r;; the district, therangineer -,hhll not accept enplo; ment frow any person or corporations ha °: ing hos ti l_e or adverse ire t;r-r;: s tL, to the oistrict in pending m..,-.t:.ers, but shz:_li 6;itire nib hest efforts ._rid &biLttf to the perfor=Fnce of s,i.ch en,-ineerinf, the engineer shall prepare a general dcscriptior. €3f all Properties w!aed or operated by the sever::l "riva -e power companies vithia Qlae di.str set. r1e sisal! m axe a thorough study of such properties, ,5nd shall pre: pa,"e s" com- prehensive ,plan showing, the r:iost feasible rethor or nroceulare by which any or ail of such properties may be ace aired, &ad the district placed into the successful o, (;ration Lad business of supplying electric energy to its inhabita;its. .she ei.,Zineer shaLl isurniah recoi mendations at to which �)roperties it is advisi:bie, and which of the prc): ertics it is inadvisabie, for the district to ��tcc :tire, �;h3 h t :c ulerlu do i$ shbli be: lave in reference to ;;he relation betixeer, and d16triG;1tiun .iines and so ices of presfnt and 2oteat.ial b0t:ep s,u -,ply, the r olant of electric energy to s�� :��ry a r_-� Ltel,y the needs of the istrict for the iznmediate future, and such a Wher .actors and data. which the, t_:,;sneer shaii f _. .y _ tl in lis report. lilso, the: eagi leer shall prepare . _lu fu_:its'.Z .._ J 1• L +� �rei � _iCa.rr rib �liiitve S LS E,O the &,.proziwa.te `z;-L e of said properties for -�lhe -.ur�jos(' Chi riezoti .`.on for a1ie r mzrch se. Tie r. a ei"S '.:rile U*o_ i.ili er Sh4L-iI per -form iniuer file Werrms of that contract are specifiea? iy defined as fallobs: 1. iveparE-ti on of a cr.,:p, or m.&ps, xbicn s:ir-_li slhow; �3) ir_E: !1% Z' :'.r@a Y+.t.G'ii;"i C.tl c:i5ti'iCt:, z;tAt ai« north locc.tiona, zLlds $rice cap,-�ei ties o3" power plants, ; r iaci- p&l trarismissi.on lilies, _,ubstatiGns srid loLd:: served by same. `b) f schei:3e or pi�n of corisulicati.arj, indicating the er:erl relUtio�:y?ii,� i.et�er su,�r;cu of t c:. �IIt113_i}C: lines and new il.'ies for c.-_,,,ecL_ ifl,j (1l Lr1 7 c41C�fS to sawe within +tbc riLt.rict, ta.>�eY3 in reference to such f eaci.lities in ed jacent public litility uistricts. 2. snakin;; a stagy of -lover an:: dcrQa.rld by the di_st� ict; v'_ Z v� tif]g in vita such other public utility aistrtcts as ,:.puears practicable. j. . �.'�. Jc_r•�;iJ,. :.i�--, �i1 �: �tt,f .:�a �: t�'.i;l ", i. t�l r.'o ..lt l:�i: �, E7..t a.i 1.'.lv ����71 �:�� .: 1.� Of yiU :Cr ', r ` p.1fy VD Said lnco2oorate 811 of the tLiture6 of unlified oj1C-rutivrl of colisolida.ted.. � erieratloa and trunk traasmissi.on ss steel covering as i.arge: as i_rez of the btate of ;w °e:_,_L 4Lllt ir. -the maxi " operG io_ e't:y for the t 1ovlir district, ,4':iir,bie �,tat�i;�'Ucs . �Set;ting forth exi6t_J_;,_,6 in such detiLii #,s vil'L 'Dest coave_�:i to t1itc k4qowic-_dge of the droperties inv61VCL�. 5. S e 'G L. Ing ��'o r lu`a., CC;AltH_,aplated Jul 6. Tabulal'-ioa of prciimiaary cost-e.s,.imatcs from avaiiab'Le Cate I for above item (5) and for o) ca,vernc-d "L.r. iteL,l (j,) in -Licn Ciegree of (:jmn,_,0tC,11CsS and 6etLll as Shr'.ii Le E:dc- qui.Ac ''Or Purposes of for purchose of ti.ae. property. 7. Pre',le-Iri-tion of an -operatinIg ,chedule II or the ,"()r the oo,:er 4vcdelivry of 6r"lb`uti on SUpUi v. Prepart,tioll of a and present, or, if .sucil 6L JL8 _101 a V a an estimate ba5ed tn,e -best i*I'A'orrI&U•,)n olotC.,in,,-Aeo settirlg fo.eth rc--vow1ea 1'oil .-. peri)d of tun yet,rs i&st"Past Or for _--uch per-lod as t1hc, ut]-lity hi-cs beer, i.a cxi;-,tLncE. if th-&XI t-L-I.L and -irobable rovenues - tinoo Cxoea_Cb , :rid inco--te ojpera boild inte-re6t Z-11L --plas and Sa" Otht:'r neces5L-ry it-ler"Is i"or twe'L.'l.tv vears luture oi)flrat-ion, 9. Prepare a writtlen recoiamen,6:Aion,, concurred in by ccunsclj ab to the rLost E:XP-CC.L'Li0U_': MEtil0d Q'i. C14- 6agirl- La the power businc;3s to the fixidinas set forL1i In 9 �4� I tj Q1 thEl C11.6ht -A. Lhe ',,F2rformtu1ce2, L%bove 8,peuif bc, inQorjam_At-.-d in a re,,port to be filed with the 61 ::trio Q t-tiel di: tr,ict c s to i)ay the ine er Lne s L ",� of Ca - U Z*. 8j, 6 u1A C'rl 61he.11 be due «aicl payable &6 follows: 5.11,e sum ot* R 6�jj. )o sh,,: 1i be paid oxi the iJth day of JLne 1337,, and L_ ii4c &miUL;_"t ors the bacie, dE,,y of etch i .-nd ever, there�;fttr for F_ per of of L,Cvt_-mil MG'L.LVlis* ,:­c-,h woritLA-y -lLristail liLeats jh:;Lli be j)cAd In war-_r-ant-s of tale Listri::t. The balance of the Da-sincerf 6 comjx­,lSLUOII She -ii be p4.1-y- ,2bie In ­ittlitrevenue bDnC& i.t U1 1­,-e tim6�� -,zuch bolls are .Lb6u.ed by � tilt_- 'Astrict for the puri+osc- of accuiring the :)ropertles and facilities Ebove refe.Lred to, in tlZc event 'Doncls are not issued the, engineer shall T-Cleeive Fis Cull comp('nsatioxi for his service,E, cmly the sevExi raonthi,: 1ns4U:.11_ierAs hereinal)ovL.. r(-.�`2erred to. i'liagineer sl".Anli )k,y 11 ;',is tho:ie incurred 0),1 Such trii_-15 ,-,s the di--trIet may direct klim to ta,tc outside of the StILte of ip.curr(Dd 03A.Ly �,fter c;aflsultation with and wriL,teri a;,proval of the dl5trict. ne eagilleer agrees to pi:lymelit Of' J."'As fo,.S in'. w-,''I'rants of hE, d i c- or in utliity revcrtue hoilc's. 74n order tiie+.t the may be saved -the nece,,i;At\ of Iovylrig taxes or issuing, j,erieral obligation bonds, t.he. Yn ces for h-1 mse arld his ai;A,-jiees, that he wil-L not) for hL period of ti irty months from this date., demand payment (if sack vm,rranta -L'-j,e 6.Urict, Luileo6, at z.j,n earlier date, the dis trict ha,,,,; Dune &v�-,ilalbie for pa-1r,mient `of- urovided thzt thle dl_,T-Ict p-rnce(-:-d-& 'proji',pt,17F t(.;-"Ure T,rie )ro,)erties above re1*rrre6i. t.0 i c: or'ovi(! d f?.trtriel. th�,,,' the to Lritmke ba.­.k or for the casiiiiig of such ,Yb,rr6Lnts at pi:r viilue or at a 'xir-r, able, to the: ttrLd. not eyceecittne, .hc pax vS.1-L)ei tl.-,ej-Lof if such arrarigeL-iwits for ci.zs,hirig tile warrants candiot be ML-dc� wit-hin sixty fr��,"-A' Llio -:a"'Cl ncitht:­ th( d4-tkic:1; YLor thc el:rjilt' - " %-, 1.0 sh<,U bc urrIer bny obii� , uhc �ation to proce d. 11:,urt1-.f.r x,�-L1-1 '- &.ace of this ac-reement, LnC the :services Lhcretoczo-e 1e:1f0rm(A shal'i be PLICi iL. UtIALitlY I-C-VE11UE, b0ll.-.15 or wit'll, other funds if the district so uecides, In the event that the distract decided to acquire any proper— ties or property by condemnation or eminent domain procei-,;:dinga or requires uay additional engineerir;,, Services over nd above those specified, the compensation ttie, efor shall be agreed upon at the time such war; is *uthoriied. Executed this 8th day of May 1937, PUBLIC UTILITY DISTRICT NO. 1 OF WW=09 COUNTY Chas. A. Pedersen J . Friese tf t? " tl tt " ft tt St iT tY t" TT tf Ti Tt tt rt !t tt tt it tl rt 0 tt IV 8 ft r it if !i H h it J1 R ft Public Utility Diatrict No. 1 of +� n hatcomt Caauntya bias- ton Orgwi«zed 1937 n tittl9'Flflt3ttiftt4Y!r'inVn"IT"t1l"ViffNIt"" "tin 2AXA191 TaIS AGREE T made and entered into this 3th day of July, 1357, between Guy C. -riyers of New York City, (nereinai ter called the ffBankerA), partj of the first part, and 'ubiic Utility District No. 1 of Whatcom County, Washington (_iereinaf ter called the "District") party of the second part, WI TPA MbETH W:q AS, the District has been heretofore duly organized under the authority of Chapter I of the Lags of Washington, 1951 for the purpose of constructing, purchasing, acquiring, maintaining and operating lands, prope ty, plants and cyst for the generation, distribution, and transmission of electric ene, _, (hereinafter referred to as ImPaci.lities"), and Wsi,eREAEi, in order to accomplish the purpose for w-nich said District was organized, it will be necessary for said District to incur debt and issue bonds and otherwise provide funds for the vonstruction, purchase or acquisition or such Facilities, and ► UERE .5, in connection with the financing of the construc- tion, purchi . se or acquisition of such Facilities and to that ends it is doe-ied advisable to employ a Fiscal Agent for the purpose of advi.: the District in connection with such matters,and to perform the other services hereinafter defined, NOW ThEREFudB, in consideration of the premises and of the mutual promises and stipulations herein contained, and of other good and valu2ble consideration, the; District and the Banker agree as follows: 6FClID _1., The district hereby employs the Bier in the capacity of and to act as fiscal agent for the District in the manner hereinafter procided, with authority as hereinafter defined, and to Ldvise the district in connection with the construction, purchase of acquisition of the facilities which the district elects or decides to acquire in order to fulfill the purposes of its organization, and in connection with such employment to perform the following duties, to -wit: (a) To advise and assist the District in setting up for the district, a plan or system for acquiring the facilities for tree construction, purchase or acquisition for which said District was organized, including t-he method of fimnci.ng the acquisition thereof. (b) To negotiate with trig owners thereof for the purchase of any or all privately owned utility ;properties operating in said District for the _�?rpose of generation of electric energy and the Distribution of s-:. a for _mblie and private consumption within the boundaries of each of such Districts. (c) in the event negotiations with the owners of privately owned utility property sr.ould fail, to advise with the District in connection with the construction or other acquisition of the necessary plants and Facilities .for consu=ating the purpose for which said District was organized. (d) At the request of the District to cash all warrants legally issued by the district at face value and at interest rates mutually agreed upon, immediately after their issuance, for the purpose of paying preliminary expenses in connection with the organ- ization of the District, and preliminary operati �::s of i='ie Listbict prior to the acquisition of Facilities r.nd the i :Nuance of permanent bonds for that purpose; Provided, howe*.ror, that :_.e -.m--)unt of warrants to be cashed, by the BanAers pursuant to this provision shall not exceed an amount equal to one per cent of the estimated value of the Facilities to be acqu... ;. by the District, and shall in no case be in excess of 1j per c.. of the assessed valuation of the District. The banker agrees, for himself and his assignees, to refrain fr€ u ►aaking any dem,,_nd for payment of a4y of said wa,rrents issued by the district for the period of thirty (W) months from the date of this agreement, unless the district should call the warrants prior to that time. The Banker coverr:mts to save the District harmless from any claim or demand made, or any suit brought by or on behalf of any holder of any warrant prior to the time above stated. (e) To retain Messrs. Thomson, mood and Hoffman, Attorneys of Now fork City, on behalf of the dsitri.ct, to advise the District on all matters relating to the i s s-,Ia.nce of all wz- rrrn is and/or beads for the purpose of -paying for such facilities, with the right on ttxe part of the district to secure for its own benefit, an opinion from said firm as to the legality of all such warrants Find bonds, the compensation of the att�y,�°s for sueh SejVides, including the ren- dering of all opinions, ;. a paid by the ranker. (,f) To create a market for All bonds, warrants and other obligations that may be issued by said District for the payment of preliminary expenses of the Distri-ct and the payment of the costs of acquiring the Facilitoles for said district, including the pur- chase price of the Facilities above referred to, and to find a pur- chaser for all warrants at par value, and for all such bonds and other obligations issued by true district at the best prices and most favorable interest rates obteinable, consistent with the lav pertaining thereto, and tare market for similar bonds and obligations at the time the district decides to sell such bonds and obligations to be effected pramptly after its issuance by the district. The Hanker agrees to undertake the employment as fiscal agent for the Districts .and to do and perform all of the acts necessary for them to do in order to fulfill the duties enu- merated in Section 1 here -of. . t, Y G: The district Hereby agrees to pay to the Banker for ecting as Fiscal A. ent, a sum equal to two and one-half per cent of the total cost of acquiring the Facilities for said District in acc._)rd_a,-ccx.-;ij,; :xis: i;gin :nd Zjst•3.:: :etEer..+i_ied upon ey .&.aid Di:,trict wlietttie: such cost s:-all be arried rt eit?xer by (l) �,7reement. to purchase esi.stinz facilities from _,r-Dssnt prier= to owrers.:ip, or (2) in jursuance of condo„Lnation proceedings for the ac -uisition of rlvatal.,f otried Facilities, L)r (6) the construction or acquisition of new Facilities with funds sutured and made evnilable by the Banker kit being exdresslj understood that fundA secured from jr at,.-:.r Governsmental agencies snt-l.l not be as part of ans= ,)orx wxai.ch aiV eo"niis:� on will be pLlid to tree banker) a or i 1 A eo-:_binati an of arj of tip.-7 forE ; ::)J rLZ methods of acquirin0. such Faci.i itie*s . T:ie L !_o'-art -,bov! sta%cct s'::ail, be Pei,- in cosh '1 the time of the issuance and sale of the permanent bonds to be issued by tYte District for the acquisition of any Facility, the sum to be payable from the proceeds of such sale. In the event that more than one issue of bonds is made, the payment sha.l.l be made at the time of sale of eacrz _Lich issue, and the aum to be paid to the Ta::. nr hereunder shall be computed upon, and restricted to, the sum of money paid to the district as the proceeds of the sale of each such bond issue. s't is understood teat the co_ mission to be paid the bankers ►dereund.er shall not be paid upon monies advanced or bonds or ob- ligations sold to finance line extensions constructed-" br from facilities�.Gguired by the district herder, subsequent to the acquisition or construction of such facilities pursuant to the plan and system adopted by the district; it being understood that the terms of .financing such line extensions shall be agreed upon by and betwerxm the district and the Banker at the time sled`s ex- tensions, if anys shall be provided for by the district. L.E'CT % 4. In the event that the rankers si-iould perform the services above st€:ted, and the commissioners of the District shojld approve the terms of acquisition of the Facilities aub- mitted by Banker, including the pure : ze prise to be peld therefor, the district thereafter not proceed to acquire the Facilities or to issue bonds, the district shall pay to the Banter the enenses rhich h-e shall have incurred in performing the services states in behalf jf the district, includi-i , easongble fees .for legel services rendered by Thomson, Wood 0. iiof .::: ; and the district stiall pair, also, the reasanabl`: values of the services which the banker shall have rendered, the payment to be made within thirty days after the de*e=ination of the district not to proceed. ►y`'' N . The district hereby grants to the Ba. per an option to purchase any bonds, warrants or other obligations which hereafter be issued by the District, at ,prices consist::zat idith the market for such bji.. ,_, warrants or obllg€xtions at the t i .je of the isr:u€nee thereof, or, �.s the district may prefer, at tLie same -)rice contained In any, bona Fide offer of any other bidders made at a.1V private or public sale held by the District. SE 0:,i 6 . "othing f�erein coat, fined stiall be construed as a grant of aat ority to the Banker to enter into any contract or agreement in b= t:lf of the District, r to incur any obligation or liability for :fish tue District mi ,: f- b bourn or aCcount;.bie, without express sxthorisatian from -,%C c.; :MJ.s -: iO4e0a of the respective District secured prior to the time thF.t �=ny contract or agreement is made, or , any obligation or liability incurred. E'' . The Bar,.er shall riot uz? l�.: ble for failure to perf,3rm this agreement in the event that ear, adveps: market conditions, or factors b%,and tie c-.)ntr�l of tie Bunker renuer the performance of thin, agreement by him imp,} issi.ble. .3. This Agreement shall terminate two years from the date hereof unless extended by zutual agrea-ment by the parties hereto's provided that the Banker shall SXezcis€� reasons bie dile-once to per— form the services stated in the shortest time possible, it being under- stood that the district suffers a heavy loss of revenue .from each month of delay. The Banl�ser 1.1 accept no compenzation or payment, directly or indirectly, from the sellers of the Facilities,, or f rGM any o f .or person, firm or corporation for the performance of the services reYryrred to ierein. T :e compensation herein specified shall be -.de and acr,-epted as payment in full for all services r,inderad by the .rankers hereunder, including the performance of all acts necessary and )roper to effectuate the sale of the bonds, warrants, and obligations to be issued by the Districts, and the aCquisJtion of the Facilities above referred to. Executed at Bellingham., Whateom County, Va3Lingtons this 9th day of July, 1937. PUBLIC UTILITY DISTRICT NO. 1 of Whateon County. By-- Chas. R, i'e srsen C ii pa k - - _ (Signed) �. J. Friese CU IS:1XI ERB GUY C. 3dY2Su Said contract was executed by each €md all of the Commissioners In open session, and the corporate seal was affixed thereto. There being no further business the meeting was, adjourned. ATTi iT. C, U. Park Secretary _` W..�......-y _. Cha,S. , . Pedprso n tiH111tit1i11111711it11"h11isl WAA"' tPAAIitSiir111:1t11Itit11$1 A Public Utility District No. 1 of a Whatcom County, Washington Jfficial bead " O rg ani zed 3.9 ;7 k�#[��It�p�$�IRIi a�ru�toalr�rrl�l��l�a�t�l�n�p�1i111t4��� ,,9U_9 / 9 37 RESOLUTION NO 10 Lodify:ing Contract Lmploying Engineer "Hi IT I lav�L�il D, thEit the president and Se,:.retary or this Gow=isdion Ore authori..6d and dtreeted: in behalf of _ ublic Utility District No. 1 of Wh&:tcom County to eyecute the follow-.,(_%moral;.dU;a and to affix a coy thereof to the contract hereinafter refe_red too in the files of the I i_t.ict: *14HTL LS'o a contract has been executed by and oet-fiEen Public [:ti'.ity District No. 1 of Whatcom County and Tagineer R. E. T'osneo of date July 9, 19372 providing,for the emplojzent of said en- gineer to perform those duties, under those terms of compensation as stated in said contract, and "WHEREAS, it �xas provided in said sontract that it should be voidt,ble by either party in the event that arrangements could riot be made within sixty days from date of the contract for -he czshfng of warrants is6ued thereunder, pursu"t to the covenCant to �°ithhold demand for n.Lyment upon same for the period of thirty aonths from dale of contract, and AriiiET2EAS, it hc:s been found that wELrrants payable ti�-;,,rty Y~onths or other specified period from a stated date might not be i_Qzued bad marketed to advantage by the District unless-,-. and •ar-til a decision from the Supreme Court of the State of Washington were secured up- holding their va'Lidityo and that the sazae is true of demand rr!mts 165ued pursuant to coven"t to withhold demand for payment upon same for any specified period, and 9WH,i REAS, the interestw of the district re: uire that the employment of said engineer be coxatiaued to the end that :ail steps be t�: ken nece--sary and proper in order th&t electric fLcliitics for the district be acquired and placed into operation -:t the earliest date possible, now therefore, Ain consideration of the zautual promises herein contained, Public Litility District No. L of WhatcoiL County and Engineer R. E. 'To-,:-neo hereby agree as followst # The terms of the coat:: act above referred to are hereby continued in dull force and effect except that the following provision thereof if hereby del.eteds "In order that the district may be sacred the necessity of levyir4; t: i,es or .issuing general obligation bands, the en6i..._ er agrv:esp for himseif and hiB as z it nee no that he 111 not, for a period of tf- rty moo:.ths from this date, cemand payment or such w&rrEnis from the district, unless, at in earlier date p the district has funds available frow :-Durces otltier than ie'vy or t�=fes for payment th,-roof-p provicied.0 that the district proceeds promptly to acquLrc the properties above referred to$ and ;provided further that the enjneer is. able to c:u�e a r rang emen t s w i th some boor beaker for the ea shing' of such warrants at oar value or at a price agreeable to the engineer and not exceeding the par value thereof. If such ar -cn,. ::.Enter _ _r caJ.iin.g the era is cannot be made within sixty days from this d. �,c , neither the di -- triet nor the engixa% er shall be u-Wer any obligation to proceed further with the performance of this agreemeatp and the services theretofore performed shall be paid in utility revenue bonds or with rather funds if the district so decides.* ecuted this 12th day of Augusts 1937, PUBLIC UTILITY DISTRICT NO,1 OF -1 TCOM COUNTY By Chas. H. Pedersen _ A. & Towne ------ . X. Tonne C. H. _Park A. J. Frieze This resolution was passed by the com issio ers of Public Utility District No, 1 of tc County tkis lZth day of August,p 1937, Chas. A. Pedersen C. R. Park his sione.�� � A. W. Friese l ++11'iltl�dli�llwliil��pf1�111l1t�1�%,� S4 r. E111�p�;1�M13 rr M!, * Public Utility District Bo. 1 r. of Wha t c can County �r e Washington a Official 8"1 TT Organised 1937 *RA�b�ti�'3+pl1ltllSif!!!'lf���il!llil�lltr 'Cri7flQ�AFIf� District Power Hill Being Chapter 1, Laws of Washington 1931, Page 3 LAWS OF WASHINGTON PASSED AT THE Twenty -Second: Regular Session 1931 CHAPTER I. (INITIATIVE TO THE LEGISLATURE NO. 1.) POWER AND WATER DISTRICTS AN ACT relating to and authorizing the establishment of public utility districts, and the consolidation thereof and annexation thereto; providing for the construction, purchase, condemnation and pur- chase, acquisition, maintenance, conducting, operation, develop- ment and regulation by such districts of certain kinds of public utilities; providing methods of payment therefor; and providing for the creation of local assessment districts by and defining, pre- scribing and regulating the powers, duties and government of, such utility districts. Be It Enacted By the Legislature of the State of Washington: SECTION 1. The purpose of this act is to authorize the estab- Purpose lishment of public utility districts to conserve the water and power of act. resources of the State of Washington for the benefit of the people thereof, and to supply public utility service, including water and electricity for all uses. SEC. 2. Municipal corporations, to be known as public utility District districts, are hereby authorized for the purposes of this act and may be established. may be established within the limits of the State of Washington, as provided herein. SEC. 3. At any general election the board of county commis- Proposal to sioners of any county in this state may, or on petition of ten create submitted (10%) per cent of the qualified electors of such county, based on to vote. the total vote cast in the last general county election, shall, by resolution, submit to the voters of such county the proposition of creating a public utility district which shall be coextensive with the limits of such county as now or hereafter established. Such 4 SESSION LAWS, 1931. [Ch. 1 Petition filed• petition shall be filed with the county auditor, who shall within fifteen days examine the signatures thereof and certify to the suf- ficiency or insufficiency thereof, and for such purpose the county auditor shall have access to all registration books in the possession of election officers within such county, If such petition be found to be insufficient, it shall be returned to the persons filing the same, who may amend or add names thereto for ten days, when the same shall be returned to the county auditor, who shall have an additional fifteen days to examine the same and attach his cer- Withdrawal tificate thereto. No person having signed such petition shall be of signatures. allowed to withdraw his name therefrom after the filing of the same with the county auditor. Whenever such petition shall be certified to as sufficient, the county auditor shall forthwith trans- mit the same, together with his certificate of sufficiency attached Auditor's certifica[e. thereto to the board of county commissioners who shall thereupon > > immediately transmit such proposition to the election board of such county, and it shall be the duty of such county election board to submit such proposition to the voters at the next general elec- tion. The notice of the election shall state the boundaries of the Norice of election. proposed public utility district and the object of such election, and shall in other respects conform to the requirements of the general laws of the State of Washington, governing the time and manner of holding elections. In submitting the said question to the voters for their approval or rejection, the proposition shall be expressed on said ballot substantially in the following terms: Ballot title. Public Utility District No ................... YES ❑ Public Utility District No ................... NO District area. Any petition for the formation of a public utility district may describe a less area than the entire county in which the petition is filed, the boundaries of which shall follow the then existing precinct boundaries and not divide any voting precinct; and in Hearing on the event that such a petition is filed the board of county com- petition. missioners shall fix a date for a hearing on such petition, and shall publish the petition, without the signatures thereto appended, for two weeks prior to the date of the hearing, together with a notice stating the time of the meeting when such petition will be heard. Such publication, and all other publications required by this act, shall be in a newspaper published in the proposed or estab- Publications. lished public utility district, or, if there be no such newspaper, Ch. 1] SESSION LAWS, 1931. then in a newspaper published in the county in which such dis- trict is situated, and of general circulation in such county. The hearing on such petition may be adjourned from time to time, not exceeding four weeks in all. If upon the final hearing the board of county commissioners shall find that any lands have been un- Final justly or improperly included within the proposed public utility hearing. district and will not be benefited by inclusion therein, the said board shall change and fix the boundary lines in such manner as it shall deem reasonable and just and conducive to the public Boundaries welfare and convenience, and make and enter an order estab- fixed. lishing and defining the boundary lines of the proposed public utility district; Provided, That no lands shall be included within the boundaries so fixed lying outside the boundaries described in the petition, except upon the written request of the owners of such lands. Thereafter the same procedure shall be followed as prescribed in this act for the formation of a public utility dis- trict including an entire county, except that the petition and elec- tion shall be confined solely to the lesser public utility district. SEC. 4. Within five days after such election, the election board Election of the county shall canvass the returns, and if at such election a returns canvass. majority of the voters voting upon such proposition shall vote in favor of the formation of such district, the election board shall so declare in its canvass of the returns of such election, and such public utility district shall then be and become a municipal cor- poration of the State of Washington, and the name of such public utility district shall be Public Utility District No.... of ........ District County. The powers of the public utility district shall be ex named. ercised through a commission consisting of three members, one from each of the three county commissioner districts of commission. the county in which the public utility district is located, when the public utility district is co -extensive with the limits of such county. When the public utility district comprises only a portion of the county, three commissioner districts, numbered consecu- tively, having approximately equal population and boundaries, following ward and precinct lines, as far as practicable, shall be described in the petition for the formation of the public utility Districts numbered. district, and one commissioner shall be elected from each of said commissioner districts. No person shall be eligible to hold the office of public utility district commissioner unless he is a qualified voter and a freeholder within such public utility district, and is ro SESSION LAWS, 1931. [Ch. 1 Commissioners, and has been a resident for a period of three years, except as qualifications. hereafter provided, of the commissioner district from which he is elected. Commissioners, terms, elections, Public utilitydistrict commissioners shall hold office for the dares. term of three (3) years and until their respective successors are elected and qualified, each term to commence on the fourth Tuesday in March in each year in Class A counties and counties of the first class, and in all other counties on the second Monday in January in each year, following the election thereto. At the same election at which the proposition is submitted to the voters as to whether a public utility district shall be formed, three (3) commissioners shall be elected to hold office, respectively, for the term of one, two and three years. All candidates shall be voted Commissioner upon by the entire public utility district, and the candidate re- districts. siding in commissioner district number one receiving the high- est number of votes in the public utility district shall hold office for the term of three (3) years; and the candidate residing in commissioner district number two receiving the highest number of votes in the public utility district, shall hold office for the term of two (2) years, and the candidate residing in commis- sioner district number three receiving the highest number of votes in the public utility district shall hold office for the term of one (1) year, each of said terms to date from the times specified in this section following the election, but also to include the Formation expenses. period intervening between the election and the beginning of the regular terms specified in this section. All expenses of elections for the formation of such public utility districts shall be paid by the county holding such election, and such expenditure is hereby declared to be for a county purpose, and the money paid out for such purpose shall be repaid to such county by the public utility Commissioners nominated. district, if formed. Nominations for public utility district com- 1' y missioners shall be by petition signed by one hundred (100) qualified electors of the public utility district to be .filed in the office of the co_unty,4auditor_ not more than sixty (60) days, and not less than thirty. (30 days prime to die -day -of such election: Provided; ever, That in any puSli� util'lry district having a population of less than four thousand, such nominating petition shall be signed by a number of qualified electors equaling ten (10) per cent or more of the qualified electors of the public utility district. A vacancy in the office of public utility district Ch. I SESSION LAWS, 1931. commissioner shall occur by death, resignation, removal, convic- tion of a felony, non-attendance at meetings of the public utility district commission for a period of sixty (60) days unless ex- cused by the public utility district commission, by any statutory disqualification, or by any permanent disability preventing the proper discharge of his duty. In the event of a vacancy in.said office such vacancy shall be filled at the next general election, the vacancy in the interim to be filled by appointment by the re- maining commissioners. If there should be at the same time such number of vacancies that there are not in office a majority of the full number of commissioners fixed by law, a special election shall be called by the county election board upon the request of the remainder, or, that failing, by the county election board, such election to be held not more than forty (40) days after the oc- curring of such vacancies. A majority of the persons holding the office of public utility district commissioner at any time shall constitute a quorum of the commission for the transaction of business, and the concurrence of a majority of the persons holding such office at the time shall be necessary and shall be sufficient for the passage of any reso- lution, but no business shall be transacted unless there are in office at least a majority of the full number of commissioners fixed by law. The boundaries of the commissioners districts shall not be changed oftener than once in four (4) years, and only when all members of the commission are present: Provided, That any proposed change therein must be made by resolution and notice of the time of a public hearing thereon shall be published for two (2) weeks prior thereto: And Provided further, That upon a referendum petition signed by six per cent (6%) of the quali- fied voters of the public utility district being filed with the clerk, the commission shall submit such proposed change to the voters of the public utility district for their approval or rejection. The checking of said petition as to its sufficiency or insufficiency shall be governed by the provisions in this act relating thereto. Commissioner vacancies. Vacancies filled. Commissioners, quorum. Boundaries changed. Hearing. Referendum. SEC. 5. The term general election as used in this act shall be held and construed to mean biennial general elections at which Elections. state and county officers are elected, and also public utility dis- trict elections for the election of commissioners. Public utility district elections for the election of commissioners held in Class A counties and counties of the first class shall be held on the sec- ond Tuesday in March in each vear, and in all other counties on Notice Emergency. Election board. Election officers. Conduct of elections. SESSION LAWS, 1931. [Ch. 1 the first Saturday in December in each year. The election board of the county shall give notice of all elections held under the provisions of this act for the time and in the manner and form provided by law for city, school district and port district elec- tions. Whenever in the judgment of the election board of the county an emergency exists, and such board is requested so to do by a resolution of the public utility district commission, it may call a special election at any time in such public utility dis- trict, and at any such special election said board may combine, unite or divide precincts for the purpose of holding such spe- cial election, and every such special election so called shall be conducted and notice thereof given in the manner provided by law. The chairman of the board of county commissioners, the county auditor and the prosecuting attorney of the county in which the election is held shall constitute an election board for all elections held under the provisions of this act; and it shall be the duty of such board to provide polling places for holding elections under this act, to appoint the election officers, to provide their compensa- tion, to provide ballot boxes, and ballots or voting machines, poll books and tally sheets, and deliver them to the election officers at the polling places, to publish and post notices of calling such elections in the manner provided by law, and to apportion to the public utility district its share of the expense of holding such election. The election officers appointed by the election board of the county shall conduct such elections and shall receive and deposit ballots cast thereat in a separate ballot box, and shall count said ballots and make returns thereof to the election board of the county, which board shall constitute a canvassing board for all elections held under the provisions of this act. The manner of conducting and voting at elections under this act, opening and closing of polls, keeping of poll lists, canvassing the votes, de- i` claring the result, and certifying the returns, shall be the same as provided by the general election laws governing the election of state and county officers, except as otherwise provided in this j act. Offices to The public utility district commission shall certify to the elec- be filled• tion board a list of offices to be filled at any election to be held under the provisions of this act, and such commission, if it de- sires to submit to the voters of such public utility district any proposition for their approval or adoption, or rejection, at any Ch. 1] SESSION LAWS, 1931. election held under the provisions of this act, shall require the secretary of such commission to certify the same to the election board at the time and in the manner and form now provided by law for certifying propositions to said board by the governing boards of cities, towns and port districts. SEC. 6. All public utility districts organized under the pro- Powers of visions of this act shall have power: districts. (a) To make a survey of hydro -electric power, irrigation and Hydro -electric, domestic water supply resources within or without the district, water supply, and to compile comprehensive maps and plans showing the ter - irrigation. ritory that can be most economically served by the various re- sources and utilities, the natural order in which they should be de- veloped, and how they may be joined and co-ordinated to make a complete and systematic whole; (b) To construct, condemn and purchase, purchase, acquire, Purchase, lease, add to, maintain, operate, develop and regulate all lands, condemn, lease property, property rights, water, water rights, dams, ditches, flumes, ppc' q. aqueducts, pipes and pipe lines, water power, leases, easements, rights -of -way, franchises, plants, plant facilities and systems for generating electric energy by water power, steam or other methods, plant, plant facilities and systems for developing, conserving and distributing water for domestic use and irrigation, buildings, structures, poles and pole lines, and cables and conduits and any and all other facilities, and to exercise the right of eminent do- Emtnenr main to effectuate the foregoiLag purp2ses or for the a uisition domain. and damagiB& of the same or property of Any kind appurtenanr thereto, and for the purpose of acquiring the right to make physi cal connection with plants and plant facilities of any and all per- sons, corporations and municipalities, and such right of eminent domain shall be exercised and instituted pursuant. to resolution of the commission and conducted in the same manner and by the Procedure. same procedure as is or may be provided by law for the exercise of the power of eminent domain by incorporated cities and towns of the State of Washington in the acquisition o I e property and property rights. It shall be no defense to a condemnation pro- ceeding hereunder that a portion of the electric current generated or sold by such public utility district will be applied to private purposes provided the principal uses intended are public; Pro- vided, That no public utility owned by a city or town shall be condemned hereunder, and none shall be purchased without sub- Condemnation mission of the question to the voters of the utility district. In any Vuobmitced to 10 SESSION LAWS, 1931. [Ch. i condemnation proceeding under this act, the court shall submit to the jury the values placed upon such property by the county as- sessor or other taxing authority, for taxation purposes, and in re- spect to property, plants and facilities of persons and corpora- tions using public highways for the furnishing of public service without franchises, shall consider in determining the value there- of the fact that such property, plants and facilities are subject to be removed from such highways by reason of being so operated without such franchises. (c) To construct, purchase, condemn and purchase, acquire, Acquisition of water works add to, maintain, conduct and operate water works and irriga- and systems. irrigation tion plants and systems within or without its limits, for the pur- pose of furnishing such public utility district, and the inhabi- tants thereof, and any other persons, including public and pri- vate corporations within or without its limits, with an ample sup- ply of water for all uses and purposes, public and private, includ- ing water power, domestic use and irrigation, with full and ex- clusive authority to sell and regulate and control the use, dis- tribution and price thereof. (d) To purchase, within or without its limits, electric cur - Electric rent for sale and distribution within or without its limits, and current. to construct, condemn and purchase, purchase, acquire, add to, maintain, conduct and operate works, plants, transmission and distribution lines and facilities for generating electric current, operated either by water power, steam or other methods, within or without its limits, for the purpose of furnishing said public utility district, and the inhabitants thereof and any other person, including public and private corporations, within or without its limits, with electric current for all uses, with full and exclusive authority to sell and regulate and control the use, distribution, Rates_ rates, service, charges and price thereof free from the jurisdic- tion and control of the director of public works and division OFF, public utilities, in all thins, Co,gethet with the right to ut- chase, handle, sell or lease motors_, lamps,_ transformers and any and all other kinds of e u' and accessories of every nature and kind whatsoever necessary and convenient for _the use,_ disc, tribution and sale thereof; Provided, That the commission shall Water supplied to privately not supply water to a privately owned utility for the production owned utility. of electric energy, and may supply, directly or indirectly, to pri- vately owned public utilities which sell electric energy or water to the public, any of the surplus electric energy or water under its control, and contracts therefor shall not extend over a longer Ch. 1} SESSION LAWS, 1931. 11 period than three (3) years; Provided. That it must at all times first make adequate provision for the needs of the district, both actual and prospective. ti (e) And for the purposes aforesaid, it shall be lawful for of pubficandn any public utility district so organized to take, condemn and pur- chase, private property. chase, purchase, and_ ac uq ire any and all public and private_ prop- erty, franchises and property rights. including state councy and school lands, and property and littoral and water rights, for any of the purposes aforesaid, and for railroads, tunnels, pipe lines, aqueducts, transmission lines, and any and all other facilities nec- essary or convenient, and, in connection with the construction, maintenance or operation, of any such utility or utilities, to acquire by purchase or condemnation and purchase the right to divert, take, retain and impound and use water from or in any lake or watercourse, regardless of whether such lake or watercourse or i the water therein be public or priyatenavigable.or non --navigable or held, owned or used b the state, or any subdivision thereof, or by. an erson or corporation for any public or private use proprietary or governmental, r any under -flowing water within the state; and such public utility district is hereby authorized and empowered to erect and build, within or without its limits, dams or other works across any river or watercourse, or across or at the outlet of any lake, up to and above high water mark; and, for the purpose of constructing or laying aqueducts or pipe lines, dams or waterworks or other necessary structures in storing, re- taining and distributing water as above provided, or for any of the purposes provided for by this act, such public utility district shall have the right to occupy and use the beds and shores up to the high water mark of any such lake, river or watercourse and to acquire by purchase or by condemnation and purchase, or other- wise, any water, water rights, easements or privileges named in this act or necessary for any of said purposes, and any such + public utility district shall have the right to acquire by purchase or condemnation and purchase, or otherwise, any lands, property or privileges necessary to be had to protect the water supply of 6 such public utility district from polution; Provided, That should private property be necessary for any such purposes, or for storing water above high water mark, such public utility district may con- demn and purchase or purchase and acquire such private property. Such public utility district shall have power to build and maintain inter -tie lines connecting its power plant and distribution system with the power plant and distribution system owned by any Purchase and condemnation of warer. Build dams. Occupation of beds and shores of waters. 12 SESSION LAWS, 1931. [Ch. 1 Ch. 1] SESSION LAWS, 1931. other public utility district, or municipal corporation, or to con- be provided by law for the certification and collection of port dis- nect with the power plants and distribution systems owned by trict taxes. The commission is authorized, prior to the receipt of any municipal corporation in the district, and from any such taxes raised by levy, to borrow money or issue warrants of the inter -tie line to sell electric energy to any individual, or public district in anticipation of the revenue to be derived by such dis- Money borrowed. utility district, or any city or town, or other corporations, public trict from the levy of taxes for the purpose -of such district, and nts ,blued. or private, and, by means.of transmission or pole lines, to con- such warrants shall be redeemed from the first money available duct electric energy from the place of production to the point of from such taxes when collected, and such warrants shall not distribution, and to construct and lay said aqueducts, pipe or pole exceed the anticipated revenues of one year, and shall bear in- Iines, and transmission lines along and upon public highways, terest at a rate of not to exceed six per cent per annum. roads and streets, and to condemn and purchase, purchase or ac. quire lands, franchises and rights -of -way necessary for the same. (h) To enter into any contract with the United States Gov- contracts with ernment, or any state, municipality or other utility district, or U. S.,s state, municipalities. Indebtedness. (f) To contract indebtedness or borrow money for corporate c any department of those governing bodies, for carrying out any purposes on the credit of the corporation or the revenues of the of the powers authorized by this act. Bonds, _public utilities thereof, and to issue Reneral obligation or utili bonds therefor, bearing_interesr at a rate .not exceedin six per f' (i) To acquire by gift, devise, bequest, lease or purchase, Acquisition of . cent per arinum, payable semi-annually, said bonds not to • be real and personal property necessary or convenient for the ur- P P P Y Y p property. sold for less than par and accrued interest; to purchase with pose of the district or any local district therein. surplus funds, local utility district bonds of districts created by ' the commission and sell the same giving preference to residents (j) To make contracts, employ engineers, attorneys and Contracts. of the district, and to create a revolving fund to insure the other technical or professional assistance; to print and publish Employes. prompt payment of all local utility district bonds. information or literature anddo all other things ,necessary to carry out the provisions of this act. Revenue. (g) To raise revenue b the le of an annual tax on all taxable ro er within such public utility district not_exceeding is p ry The public utility district commission shall appoint a manager, Manager. � two mills in any one year, exclusive of interest and redemption who shall be appointed for an indefinite time and be removable at Tax levy' for general obli arioon bonds. The commission shall prepare a r the will of the commission. Appointments and removals shall be proposed budget of the contemplated financial -transactions for by resolution, introduced at a regular meeting and adopted at a Budget. the ensuing year ,and file the same in the records of the commis- subsequent regular meeting by a majority vote. He shall re- Salary. sion on or before the first Monday in September. Notice of the ceive such salary as the commission shall fix by resolution. filing of said proposed budget and the date and place of hearing on the same shall be published for at least two consecutive weeks The manager shall be the chief administrative officer of the Duties. Notice of filing. in a newspaper printed and of general circulation in said county. public utility district, and shall have control of administrative On the first Monday in October, the commission shall hold a F functions of the district, and shall be responsible to the com- public hearing on said proposed budget at which any taxpayer mission for the efficient administration of all the affairs of the hea ring. may appear and be heard against the whole or any part of the district placed in his charge. He shall be an experienced execu- proposed budget. Upon the conclusion of said hearing, the com- tive with administrative ability. In case of the absence or tempo- Qualifications. Adopton on mission shall, by resolution, adopt the badger as finally deter- rary disability of the manager, he shall, with the approval of mined, and fix the final amount of expenditures for the ensuing the president of the commission, designate some competent per - year. Taxes levied by the commission shall be certified to and son as acting manager. collected by the proper county officer of the county in which such public utility district is located in the same manner as is or may The manager shall be entitled to attend all meetins of the g commission and its committees, and to take part in the discussion 13 14 SESSION LAWS, 1931. [Ch. 1 Ch. 1] SESSION LAWS, 1931. of any matters pertaining to the duties of his department, but accordance with the special benefits conferred thereon, special Special shall have no vote. assessments and reassessments on 9ke-a specially benefited" rp assessments. Powers. The public utility district manager shall have power, and it thereby, for paying the cost and expense of the same, or any or - shall be his duty: tions thereof, as herein provided, and to issue local improvemnt — •• bonds and (or) warrants to be repaid wholly or in part by col - To carry out the orders of the commission, and to see that leerion of local improvement assessments. all the laws of the state pertaining to matters within the func- tions of his department are duly enforced. The commission shall, by resolution, establish the method of To To keep the commission fully advised as to the financial con- procedure in all matters relating to local utility districts. Any Procedure- and needs of the district. To prepare, each year, an esti- public utility district may determine by resolution what work mate for the ensuing fiscal year of the probable expenses of his shall be done or improvements made at the expense, in whole or department, and to recommend to the commission what de- in part, of the property specially benefited thereby; and to velopment work should be undertaken, and what extensions and adopt and provide the manner, machinery and proceedings in additions, if any, should be made, during the ensuing fiscal any way relating to the making and collecting assessments there - year, with an estimate of the costs of such development work, for in pursuance of this act. Except as herein otherwise provided, extensions and additions. To certify to the commission all bills, or as may hereafter be set forth by resolution, all matters and allowances and payrolls, including claims due contractors of pub- proceedings relating to the local utility district, the levying and lic works. To recommend to the commission salaries of the em- collection of assessments, the issuance and redemption of local ployes of his office, and a scale of salaries or wages to be paid improvement warrants and bonds, and the enforcement of local as - for the different classes of service required by the district. To sessment liens hereunder, shall be governed, as nearly as may be, hire and discharge clerks, laborers and other employees under by the laws relating to local improvements for cities of the first Hire clerks, his direction. To perform such other duties as may be imposed class: Provided, That no protest against a local utility district Protests. laborers, employes, upon him by resolution of the commission. It shall be unlawful improvement shall be received by the commission after twelve for him to make •any contribution of money in aid of or in op- o'clock noon of the day set for hearing. Y g• position Jo the election of any candidate for public utility com- missioner or to advocate or oppose any such election. Any improvement authorized by this act may be ordered only Im rovemenc ordered. by resolution of the commission either upon petition or resolu- (k) To sue and be sued in any court of competent juris- tion therefor. Whenever a petition, signed by ten per cent of the petition. Suits by and diction; Provided, That all suits against the public utility dis- owners of land in the district to be therein described shall be against. trlct shall be brought in the count in which the public utility b Y p Y filed with the commission, asking that the plan or improvement district is located. No suit for damages shall be maintained therein set forth be adopted and ordered, and defining the against such public utility district except on the basis of a claim boundaries of a local improvement district to be assessed in Boundaries. therefor filed with the commission of such district complying in whole or in part to pay the cost thereof, it shall be the duty of all respects with the terms and requirements for claims for dam- the commission to fix the date of hearing on such petition, and ages filed pursuant to general law against cities of the second give not less than two (2) weeks notice thereof by publication. Hearing, class. The commission may, in its discretion, deny such petition or notice. Local (1) By resolution to establish and define the boundaries of order the improvement unless a majority of the owners of lands assessment local assessment districts to be known as Local Utility District in said district shall file prior to 12:00 o'clock noon of the day districts. No. for the distribution, under the general supervision and of said hearing with secretary thereof a petition protesting control of the commission, of water for domestic use and (or) against said improvement; and if the commission shall order Boundaries irrigation and (or) electric energy, and in like manner to pro- the improvement, then it may alter the boundaries of such pro- `hanged. vide for the purchasing, or otherwise acquiring, or constructing posed district and prepare and adopt detail plans of any such and equipping distribution systems for said purposes and for local improvement, declare the estimated cost thereof, what pro - extensions and betterments thereof, and to levy and collect in 15 16 SESSION LAWS, 1931. [Ch. 1 portion of such cost shall be borne by such local improvement district, and what proportion of the cost, if any, shall be borne by the entire public utility district. Whenever such a petition signed by a majority of the landowners in such a proposed local improvement district shall be filed with the commission, asking that the improvement therein described be ordered, the commis- sion shall forthwith fix a date for hearing on said petition, after which the commission must, by resolution, order such improve- ment, and may alter the boundaries of such proposed district, prepare and adopt such improvement, prepare and adopt detail plans thereof, declare the estimated cost thereof, what propor- tion of such cost shall be borne by such proposed local improve- ment district, and what proportion of the cost, if any, shall be borne by the entire public utility district, and provide the .general funds thereof to be applied thereto, if any, acquire all lands and other properties therefor, pay all damages caused thereby, and commence in the name of the public utility district such eminent Eminent domain proceedings and supplemental assessments or re -assess - domain proceedings. ment proceedings to pay all eminent domain awards as may be necessary to entitle said district to proceed with such work, and shall thereafter proceed with such work, and shall make and file with the county treasurer its roll levying special assessments Assessment l. in the amount to be paid by special assessment against the prop- erty situated within such local improvement district in propor- tion to the special benefits to be derived by the property in such local improvement district from such improvement. Before the Notice approval of such roll, a notice shall be published ten (10) days published. stating that such roll is on file and open to inspection in the office of secretary of the district, and fixing a time not less than fifteen (15) nor more than thirty (30) days from the date of Protests. the first publication of such notice, within which protests must be filed with secretary of said district against any assessments shown thereon,'and fixing a time when a hearing shall be held Hearing. by said commission on said protests. After such hearing the com- mission may alter any and all assessments shown on such roll and may then, by resolution, approve the same, but if any as - Approval. sessment be raised, a new notice, similar to such first notice, shall be given, and a hearing had thereon, after which final approval of such roll may be made by the commission. Any person feeling aggrieved by such assessments shall perfect an`appeal to the Su- Ch. 1] SESSION LAWS, 1931. perior Court of such county within ten (10) days after such approval in the manner now provided by law for appeals from assessments levied by cities of the first class in this state. Engi- neering, office and other expenses necessary or incident to said improvement shall be borne by the public utility district: Pro- vided, That where any municipal corporation included within such public utility district already owns or operates a utility of like character for which such assessments are levied hereunder, then all such engineering and other expenses mentioned above shall be borne by the local assessment district. Whenever any improvement shall be ordered hereunder, pay- ment for which shall be made in part from assessments against property specially beneficed, not more than fifty per cent (50%) of the cost thereof shall ever be borne by the entire public utility district, nor shall any sum be contributed by it to any improve- ment acquired or constructed with or by any other body, exceed such amount, unless a majority of the electors of such district shall consent to or ratify the making of such expenditure. (m) It is, and shall be lawful for any public utility district organized hereunder to sell and convey all the works, plants, systems, utilities and properties authorized by this act and owned by it after proceedings had as required by sections 9512, 9513 and 9514 of Remington's Compiled Statutes of Washington: Provided, That three -fifths (3/5) of the voters voting for such sale, in lieu of a majority shall be necessary. Public utility dis- tricts shall be held to be municipal corporations within the mean- ing of sald sections and the commission of such public utility district shall be held to be the legislative body within the meaning of said sections, and the president and secretary of such district shall have the same powers and perform the same duties as the mayor and city clerk referred to in said sections, and the reso- lutions of the public utility districts shall be held to mean or- dinance within the meaning of said sections. Court appeals. Engineering expenses. Payments for improvements. Sale of plants. (n) The commission of each public utility district may adopt General general resolutions to carry out the purposes, objects and pro- resolutions of visions of this act. commission. SEC. 7. Whenever the commission shall deem it advisable that the public utility district purchase, purchase and condemn , Acquisition of property. acquire, or construct any such public utility, or make any additions or betterments thereto, .or extensions thereof, the commission shall provide therefor by resolution, which shall specify and 17 18 SESSION LAWS, 1931. [Ch. 1 Ch. 11 SESSION LAWS, 1931. 19 Plan. adopt the system or plan proposed, and declare the estimated shall deem for the best interest of the district. All bonds and cost thereof, as near as may be, and specify whether general or warrants issued under the authority of this act shall be legal utility indebtedness is to be incurred, the amount of such indebt; securities, which may be used by any bank or trust company. for Bonds, edness, the amount of_incerest and the time in which allgcrtecal deposit with the state treasurer, or any county or city treasurer, bonds_ (if any) shall be paid, nor to exceed thirty years. In the as security for deposits, in lieu of a surety bond, under any law Indebtedness. event the proposed general indebtedness to be incurred will relating to deposits of public moneys. When the commission bring the indebtedness of the public utility district to an amount shall not desire to incur a general indebtedness in the purchase, exceeding one and one-half per cent (11/z%) of the taxable prop- condemnation and purchase, acquisition, or construction of any erty of the public utility district, the proposition of incurring such public utility, or addition or betterment thereto, or exten- Election. such indebtedness and the proposed plan or system shall be sub- sion thereof, it shall have the power to create a special fund or mitted to the qualified electors of said public utility district for funds for the sole purpose of defraying the cost of such public their assent at the next general election held in such public utility utility, or addition or betterment thereto, or extension thereof, district. 1 into which special fund or funds it may obligate and bind the Special funds. district to set aside and pay a fixed proportion of the gross reve- Whenever the commission (or a majority of the qualified vot- I nues of such public utility, or any fixed .amount out of, and not ers of such public utility district, voting at said election, when it f exceeding a fixed proportion of such revenues, or a fixed amount Bonds issued. is necessary to submit the same to said voters) shall have adopted without regard to any fixed proportion, rind to issue and sell a system or plan for any such public utility, as aforesaid, and bonds or warrants bearing interest not exceeding six per cent shall have authorized indebtedness therefor by a three -fifths (6%) per annum, payable semi-annually, executed in such man - vote of the qualified voters of such district, voting at said ner, and pa+able at such times and places as the commission Form. election, general or public utility bonds may be used as herein- shall derermine, but. suchSon-c warrants and t e Interest after provided. Said general bonds shall be serial in form and thereon, shall be payable only out of such special fund or funds. maturity : and numbered from one upwards consecutively. The In creating any such special fund or funds, the commission shall various annual maturities shall commence not later than the have due regard to the cost of operation and maintenance of the Interest rate, tenth year after the date of issue of such bonds. The resolution plant or system as constructed or added to, and to any propor- authorizing the issuance of the bonds shall fix the rate of inter- tlon or art of the revenues previously pledged as a fund for p p y p g est the bonds shall bear, said interest not to exceed six per cent the payment of bonds or warrants, and shall not set aside into (6%), and the place and date of the payment of both principal such special fund or funds a greater amount or proportion of the Execution. and interest. The bonds shall be signed by the president of the revenues and proceeds than, in its judgment, will be available commission, attested by the secretary of the commission, and the over and above such cost of maintenance and operation and the seal of the public utility district shall be affixed to each bond amount or proportion, if any, of the revenues so previously Paid. but not to the coupon; Provided, however, That said coupon, in pledged. Any such bonds or warrants, and interest thereon, issued lieu of being so signed, may have printed thereon a facsimile of against any such fund, as herein provided, shall be a valid claim the signature of such officers. The principal and interest of such of the holder thereof only as against the said special fund and general bonds shall be paid from the revenue of such public its fixed proportion or amount of the revenue pledged to such utility district after deducting costs of maintenance, operation, fund, and shall not constitute an indebtedness of such district and expenses of the public utility district, and any deficit in the within the meaning of the constitutional provisions and limita- payment of principal and interest of said general bonds shall tions. Each such bond or warrant shall state on its face that it is be paid by levying each year a tax upon the taxable property payable from a special fund, naming such fund and the resolu- within said district sufficient to pay said interest and principal tion creating it. Said bonds and warrants shall be sold in such Bond or of said bonds, which tax shall be due and collectible as any other manner as the commission shall deem for the best interests of the warrant payable from special Sale. tax. Said bonds shall be sold in such manner as the commission district and the commission may provide in any contract for the fund. 20 SESSION LAWS, 1931. [Ch. 1 construction and acquisition of a proposed improvement or utility that payment therefor shall be made only in such bonds or war- rants at the par value thereof. In all other respects, the issuance of such utility bonds or warrants and payment therefor shall be governed by the public utility laws for cities and towns. Commissioners, SEC. 8. • The commissioners shall serve without compensa- no pay. tion. No resolution shall be adopted without a majority vote of the whole commission. The commission shall organize by the Adoption of election of its own members of a president and secretary, shall resolutions. by resolution adopt rules governing the transaction of its busi- Organize. ness and shall adopt an official seal. All proceedings of the com- mission shall be by motion or resolution recorded in a book or books kept for such purpose, which shall be public records. The Records of proceedings. county treasurer of the -county in which such district is situated shall be the treasurer of the district, and all funds of the district shall be paid to him as such treasurer and shall only be dis- bursed by him on warrants drawn and signed by an auditor to be appointed by the commission, upon order of or vouchers ap- proved by the commission. The commission shall have authority to create and fill such positions and fix salaries and bonds thereof as it may by resolution provide. Contracts for work and All materials purchased and work ordered, the estimated cost material. of which is in excess of five thousand dollars ($5,000.00) shall Notice be by contract. Before awarding any such contract, the commis - published. sion shall cause to be published a notice at least thirty (30) days before the letting of said contract, inviting sealed pro- posals for such work, plans and specifications, which must at the time of publication of such, notice be on file at the office of the public utility district, subject to public inspection: Provided, h. oivever, That the commission may at the same time, and as part Contents of of the same notice, invite tenders for said work or materials upon notice. plans and specifications to be submitted by bidders. Such notice shall state generally the work to be done, and shall call for pro- posals for doing the same, to be sealed and filed with the com- mission on or before the day and hour named therein. Each bid shall be accompanied by a certified check, payable to the order of the commission, for a sum not less than five per cent (5%0) of the amount of the bid, and no bid shall be considered unless Bids. accompanied by such check. At the time and place named, such bids shall be publicly opened and read, and the commission shall proceed to canvass the bids, and may let such contract to the low- Ch. 11 SESSION LAWS, 1931. est responsible bidder upon plans and specifications on file, or to the best bidder submitting his own plans and specifications: Pro- vided, however; That no contract shall be let in excess of the estimated cost of said materials or work, or if, in the opinion of the commission, all bids are unsatisfactory, they may reject all of them and re -advertise, and in such case all checks shall be re- turned to the bidders; but if such contract be let, then and in such case, all checks shall be returned to the bidders, except that of the successful bidder, which shall be retained until a contract shall be entered into for the purchase of such materials for doing such work, and a bond to perform such- work furnished, with sureties satisfactory to the commission, in an amount to be fixed by the commission, not less than twenty-five (25%) per cent of contract price in any case, between the bidder and commis- sion, in accordance with the bid. If such bidder fails to enter into said contract in accordance with said bid and furnish such bond within ten (10) days from the date at whiih he is notified that he is the successful bidder, the said check and the amount thereof shall be forfeited to the public utility district. Every contractor and sub -contractor performing any work for said public utility districts or local utility districts within said public utility district shall pay or cause to be paid to its em- ployes on such work or under such contract or sub -contract not less than the minimum scale fixed by the resolution of the com- mission prior to the notice and call for bids on such work. The commission, in fixing such minimum scale of wages shall fix the same as nearly as possible to the current prevailing and going wages within the district for work of like character. SEC. 9. The county treasurer of the county in which is located any public utility district shall be ex offrcio treasurer of any pub- lic utility district in such county, and he shall create a fund for any public utility district to be known as public utility district fund, into which shall be paid all money received by him from the collection of taxes in behalf of such public utility district, and he shall also maintain such other special funds as may be created by the public utility commission, into which shall be placed such moneys as the public utility commission may by its resolution direct. Contract awards. Rejection of bids. Forfeiture of checks. Contractors. Wage scale. County treasurer. Public ucilicy districr fund. All such public utility district funds shall be deposited with the county depositories under the same restrictions, contracts and Depositories. 21 22 SESSION LAWS,. 1931. [Ch. 1 security as is provided by statute for county depositories, and all interest collected on such public utility funds shall belong to such public utility district and be deposited to its credit in the proper public utility district funds. Consolidation. SEC. 10. Two oI more contiguous public utility districts may become consolidated into one public utility district after proceed- ings had as required by sections 8909, 8910 and 8911, of Rem- ington's Compiled Statutes of Washington, Provided, That a ten (10) per cent petition shall be sufficient; and public utility dis- tricts shall be held to be municipal corporations within the meaning of said sections, and the commission shall be held to be the legislative body of the public utility district as the term legislative body is used in said sections: Provided, That any such consolidation shall in no wise affect or impair the title to any property owned or held by any such public utility dis- trict, or in trust therefor, or any debts, demands, liabilities or obligations existing in favor of or against either of the districts so consolidated, or any proceedings then pending: Provided, Property taxed. f property further, That nowithin either of the former public utility districts shall ever be taxed to pay any of the indebted- ness of either of the other such former districts. Boundaries The boundaries of any public utility district may be enlarged enlarged' and new territory included therein, after proceedings had as required by section 8894 of Remington's Compiled Statutes of Washington: Provided, That a ten per cent (10%) petition shall be sufficient; and public utility districts shall be held to be municipal corporations within the meaning of said section, and the commission shall be held to be the legislative body of the public utility district: Provided, That no property within such territory so annexed shall ever be taxed to pay any portion of any indebtedness of such public utility district contracted prior to or existing at the date of such annexation. District of less In all cases wherein public utility districts of less area than an area than entire count desire to be consolidated with a public utility dis- trict including an entire county, and in all cases wherein it is desired to enlarge a public utility district including an entire county, by annexing a lesser area than an entire county, no elec- tion shall be required to be held in the district including an entire county. Ch. 1J SESSION LAWS, 1931. 23 SEC, 11. Adjudication of invalidity of any section, clause or Invalidity of part of a section of this act shall not impair or otherwise affect part not to affect balance. the validity of the acts as a whole or any other part thereof. The rule of strict construction shall have no application to this Rule of act, but the same shall be liberally construed, in order to carry consrruction. out the purposes and objects for which this act is intended. When this act comes. in conflict with an provision, limitation Conflict with or restriction in any other law, this act shall and control.- other law" SEC. 12. This act shall not be deemed or construed to repeal of ed as or affect any existing act, or any part thereof, relating to the con- rNot epeal other acts. struction, operation and maintenance of public utilities by irriga- tion or water districts or other municipal corporations, but shall be supplemental thereto and concurrent therewith. No public utility district created hereunder shall include therein any mu- nicipal corporation, or any part thereof, where such municipal corporation already owns or operates all the utilities herein author- ized: Provided, That in case it does not own or operate all such utilities, it may be included within such public utility district for property the purpose of establishing or operating therein such utilities excluded. as it does not own or operate: Provided, further, That no prop- property in erty situated within any irrigation or water districts or other mu- irrigation nicipal corporations shall ever be taxed or assessed to pay for any districts. utility, or part thereof, of like character_ to any utility, owned or operated by such irrigation or water districts or other mu- nicipal corporations. Filed in office of secretary of state October 25, 1928. Submitted to the Legislature January 21, 1929_ Rejected by the Legislature February 1, 1929. Passed by vote of the people at the general election November 4, 1930. Proclamation signed by'the Governor December 3, 1930. GENERAL INDEX PUBLIC UTILITIES (see also, under MUNICIPAL CORPORATIONS, and PUBLIC WAREHOUSES): Power and water districts (Initiative to Legislature No. 1, act, invalid Ch. Sec. Page in part, nor to affect balance ..................................... 1 11 23 actions by and against .......................................... 1 6 9 bonds, issued ................................................. 1 7 17 execution .................................................. 1 7 17 form ..................................................... 1 7 17 interest rate ............................................... 1 7 17 Payment .................................................. 1 7 17 special funds .......................................... 1 7 17 sale ........................................... I.......... boundaries 1 7 17 .................................................... 1 3 3 10 22 change ............................ ... .......... .......... 1 4 5 referendum............................................ 1 4 enlared.............................................. ... claims, fi ed against 1 10 5 22 ............................................ 1 6 g commission (see, also, commissioners, this subject) bonds, issued ............................................. budget.................................................... 1 7 17 hearing............................................... 1 6 g claims filed with 1 6 g ............................... 1 6 9 compensation.............................................. 1 8 duties, 20 certificate for election .................................. f 5 7 majority vote .............................................. i S 20 manager, employed ......................................... i 6 duties................................................ g qualifications..................... 1 6 g .... 1 6 g salary................................................ plans for improvements ..................................... 1 1 6 g president.......................................... 7 17 8 20 property, acquisition ....................................... 1 elections 7 17 .............................................. procedure............................................. i 7 17 7 quorum ........... records ...... 5 ................................... .......... resolutions................................................ 1 8 20 adopted ................. 1 7 17 .. rules .............. i 8 20 .................................... 8. 20 secretary ................................................. duties...................:..... election............................................... 1 5 7 wages fixed on contracts I 8 20 .................................... warrants, issued ..............................•.. 1 8 20 .......... funds, created 1 7 17 .............................................. commissioners [see, also• commission, rills subject) 1 7 17 districts ....................... election ............... 1 4 5 .... nominatoins....................................... 1 ¢ 5 ........ petitions .......... 1 4 5 organize ................... ..... --•--•.................... qualifications ............... 1 8 20 terms ...................... 1 4 5 term of office 1 4 5 ....,,.,..., .............. vacancies 1 4 5 ..................... created ...................... 1 4 5 filled ............ 1 ¢ 5 ................................ 1 4 5 INDEX Page 26 PUBLIC UTILITIES —Continued: condemnation proceedings ................................... 6 9 consolidation ............................................... 1 10 22 construction of act, rule .................................... 1 11 23 conflict ............................................... 1 11 23 existing laws .......................... ............... 1 12 23 contractors for ............................................. 1 8 20 wages paid by..........................4......... ... 1 8 20 contracts, awards......................................:4......... 1 8 20 bids, checks to accompany .............4................. 1 8 20 forfeited ............... .................. ..... 1 8 20 rejected ............. ................ .............. . 1 8 20 regulations regarding .................................. 1 8 20 county auditor, duties ...................................... 1 3 3 election board ....................................... 1 5 7 county commissioners, duties...........................4.... 1 3 3 election board ......................................... 1 5 7 county treasurer..........................4................ 1 9 21 ex officio district treasure ........ 4 . . .. . .................. 1 9 21 created........... ........................................ 1 4 5 elections, annexation.......................4.................... 1 10 22 board.....................4..................... .. 1 5 7 canvass............................................... 1 4 5 commissioners, vacancies .................................... 1 4 5 conduct................ ................... ........... 1 5 7 dates................................................. I 4 5 1 5 7 emergency ............................................ 1 5 7 formation .......... ...........4.................. 1 3 3 notice.................4.............................. 1 5 7 officers................................................ 1 5 7 precincts........................4......4.............. 1 5 7 proposals for formation, ballot title ........................................ 1 3 3 special ................................................ 1 5 7 notice.............4.............................. ! 5 7 electricity uses, within act ................ . .. . .............. 1 1 3 emergency ................................................ 1 5 7 elections .............................................. 1 5 7 eminent domain ........................................... 1 6 9 irrigation plants............4.......................... 1 6 9 water works.............4............................. 1 6 9 employes, bonds................................................ 1 8 20 salaries........................... 4............. .......... 1 8 20 expenses, formation............................4................. 1 4 5 formation ................................................. 1 3 3 election............................................... 1 3 3 expenses ................. 4................ .....-..-... 1 4 5 funds, created.............................4............... 1 7 17 9 21 deposited ............................................. 1 9 21 general election, defined ................................... 1 5 7 imrpovements, contracts for ......... ............. I.................. 1 8 20 bids called ........ ............. I— — ............. 1 8 20 invalid provisions of act ......... .,.1....................... 1 11 23 Rage 27 INDEX PUBLIC UTILITIES—Concinued: nor to affecc balance ................................... i 11 23 irrigation districts, property nor to be taxed ......... ,., { 12 23 local assessment districts .................................... t 6 9 procedure ............................................. f 6 9 appeals..............:............................ [ 6 9 payments.......................................... 1 6 9 manager (see under commission, chis subject) materials................................................. 1 8 20 contracts for .......................................... 1 8 20 bids called for ...................................... 1 8 20 municipal corporation, authorized as such for purposes of act .................... 1 2 3 tax nor to be levied against propercy of .................... 1 12 23 name..................................................... 1 4 5 petition for formation .......... ..... .................... 1 3 3 hearing............................................... 1 3 3 publication ............................................ 1 3 3 powers................................................... 1 6 9 borrowed money ........................................ 1 6 9 contracts......................... .................... 1 6 9 municipalities ..................................... 1 6 9 states................................... 1 6 9 United States ...................................... 1 6 9 domestic water ........................................ 1 6 9 electric current, purchase ............................... 1 6 9 eminent domain ..............................:........ 1 6 9 public and private profit .......................... 1 6 9 employes ............................................. 1 6 9 salaries......................................... 1 6 9 hydro-elecrric power ............... :................... 1 6 9 improvements .......................................... 1 6 9 asZessmencs for ..... ,.......................... . , .. 1 6 9 districts, created .....I ..... ....................... 1 6 9 initiated.......................................... 1 6 9 indebtedness, contracted ................................ 1 6 9 irrigationwater ......................................... 1 6 9 local improvement districts ....:......... :..... . . . . . . . . .. 1 6 9 procedure .................... ........................ 1 6 9 manager.............................................. 1 6 9 property, acquisition ...... I ................... ......... 1 6 9 sale.......... ............ ........................ 1 6 9 revenues, raise ......................................... 1 6 9 taxation............................................... 1 6 9 water, acquisition ....................................... 1 6 9 prosecuting attorney ....................................... election board ......................................... 1 5 7 purpose of act ............................................. 3 1 3 taxation.................................................. t 6 9 levy.............. ............................ ._,..,.. 1 6 9 limit.............................................. ... 1 12 23 utilities of ocher municipal corporations, not included.... , .. , .. 1 12 23 warrants, issued ........................................... t 7 17 water districts, property not to be taxed ................................ 1 12 23 water, acquisition .......................................... 1 6 9 water uses, within act ...................................... 1 1 3 work..................................................... 1 8 20 contracts .............................................. 1 8 20 bids................................. ... .. proposals called for .................................... 1 8 20 Printing & Business Forms ■ Office-urni_ture s Office Supplies f�U�j 1 V 7"1L1TY DIST. No, j Ga NrRAcTS TtEgOLvr( oNs TRICK & MURRAY -744n 300 Westlake Ave. N. - Seattle, Wa 98109 0 ©c T IC74 G RpSOLUTION 80 A Resolution adopting Budget as finally determined. WIiEREAS, in conformity with the Laves of the State of r."ash- ington? this Commission prepared a proposed budget of contemplated financial transactions of the District for the ensuing year and filed the same in the records of the Commission on or before the 1st I:Tonday of September, 1946, and caused Notice of filing of said pro- posed budget and of public hearing thereon to be published in the manner required by Law, and ?IIltIBEA,S, the Commissioners of Public Utility District No. 1 oi'"-hatcom County, 'ashington, met at the time and place designated In said Notice and held the Public Hearing or: said proposed budget as provided by Lave, and TEEREAS, after hearing all persons desiring, to be heard in the matter and after full and careful consideration of the proposed budget and of all evidence presented .1n connection therewith, the Commissioners deemed it to be to the best interests of Public Utility District No. 1 of I.hatcom County, th,-t the budget for the year Januar,r 1 to December 31, of 1947, be finally determined and adopted as set out below, now, therefore, BE IT RESOLVED, that the Commissioners of Public Utility District No. 1 of V,hatcom County, do hereby adopt the budget as finally determined and fix the final amount of expenditures for the ensuing year in words and figures as set forth in the copy of said budget attached to the original copy of this Resolution, which budget is set .forth in the Official Records of the Commission directly below the entry of this Resolution. ADOPT71) by the commissioners of Public Utility District No. 1 of "'hatcom County, this 7th day of October, 1946. STATE OF 7'ASIjINC-TON) ss. COUNT' OF ""NATCOT' ) THIS IS TO CERTIFY, that at the meeting of the Commissioners of Public Utility District No. 1 of r;hatcom.County, nashington, duly and regularly called pursuant to notice published in the manner re- quired by lave, on October 7, 1946, that Resolution No. 80, entitled "A RESOLUTION adopting Budget as Finally Determined", a,copy of which is hereto attached and made by this reference a part hereof, was passed by the affirmative vote of each and all the Commissioners present, and that said resolution has never been altered or amended and is now in full force and effect; that the copy of the budget entitled "Budget as Finally Determined by Public Utility District P;o. 1 of 1�,hatcom County" which is attached to .said resolution and to this Certificate hereto is a true and correct copy of the budget as adopted by the affirmative vote of each and all said Commissioners present at their meeting above referred to; that in accordance therewith, no money is required to be raised by taxes for the coming year, beginning January 1st, 1947 and ending December 31st, 1947. (1) Dated this 7tb day of October, 1946o PUBLIC UTILITY DISTRICT NO. I of WHATCOM COUNTY 3y President Secretary (2) PUDGET FOR PUBLIC UTILITY DISTRICT NO. 1 of lrhatcom County, Washington For year January 1, 1947 to December 31, 1947 ANTICIPATED MENDiTURPS I. General administrative expenses, including purchases of stationary and office supplies, printing of vouchers and warrants, statutory compensation, traveling expenses and other expenses actually and necessarily incurred by commissioners in performance of official duties, exclusive of special_ items listed below "l 500,00 II. General engineering services exclusive of those required for acquisition or placing in operation of private electric companies . . . . . . . . . . . . . . $1,000.00 III.General legal services exclusive of legal services for the purTo,e of acquirin6 or placing into operation the properties of private electric companies doing; business within Whatcom County and/or utilities by condemnation or ot!�erwise . . . . . . . . . . . . . . . . $1,500.00 Ili. Dissemination of public information, in- cluding printing, publication and distribution of infor- mation or literature and expenses of purl{.c meetings . . $ 500.00 V. Court costs and disbursements for suits other than condemnation proceedings, including printing of briefs and related items . . . . . . . . . $17000.00 VI. Expenditures relating to.construcstion of electric lines and facilities and to -the acquisition of properties of Private electric company or companies and/ or other utilities doing business within ti''hatcom County through emminent domain proceedings or otherwise, in- cluding court costs and payments on account of engineer- ing and legal services . . . . . . . . . . . . . . . . . 10 926.87 Total anticipated expenditures. $16,428.87 BALANCE ON HAND Anticipated balance on hand from unexpended portion of 1946 Budget . . . . . . . . . . . . . . . . . t$169428.87 Amount to be raised by taxation . . . . . . . None ANTICIPATED RLCLIPTS Anticipated balance on hand from unexpended portion of 1946 Budget . . . . . . . . . . . . . . 0 . 0 $161428.87 Tg13- 0cc- I`(3 BUDGET FOR KWIC \ UTILITY DISTRICT NO. 1 OF WHATCOM COUNTY AS FINALLY DETERMINE. For year commencing Jan. 1, 1938 and ending Dec. 31, 1938. LSTIIATFD EXPENDITURES I. General administrative expenses, including purchases bf stationery and office supplies, printing; of vouchers and warrants traveling expenses and other expenses actually and necessarily incurred by commissioners in performance of official duties, exclusive of items listed below...............................500.00 II.Expenses of Election of Commissioners at election to be held in December, 108.................................. ............... " 750.00 III.For engineering services as per contract on file in the records of the commission, including services necessary and proper to enable the District to acquire and place into operation the properties of the private electric companies doing business within Whatcom County, and/or other utilities, by methods of acquisition other than condemnation, including the preparation of maps and surveys, preliminary valuations and operating schedules, formulation of plan and system of development..................e 2AW-00 IV.For legal services, including those necessary and proper to establish the valid organization of the district and to enable the district to acquire and place into operation the properties of the private electric companies doing business within Whatcom County, and/or other utilities, by methods of acquisition other than condemnation..................................................$ 12800.00 V. Printing and punishing of information and literature ......... 500.00 VI.Redemption of warrants which shall be outstanding as of Jan. 1, 1938, issued for: A. Proportionate share of expenses of election of November 3, 1936, and expenses of election of December, 1937...... ..1................. .............. 23750.00 B. For general administrative expense and other charges, described in Item I above.................... 150.00 C. For engineering services rendered up to January 1, 19383 described in Item III above ................. 1,800.00 D. For legal services rendered up to January 1, 1938 described in Item IV above ........................... .I 900.00 VII.Interest on outstanding warrants ............................... 200.00 VI;I.Court costs and distursements for suits other than condemnation proceedings, including ;printing of briefs, filing fees and related items. ............................................... 1,000.00 IX.Ex pezditures for purposes of condemnation of the properties of the private electric companies, and/or other utilities doing business within Whatcom County, in event such proceedings are probecuted, including preparation of the field inventory and appraisals, court costs and payments on account of legal services .......................... 37,286.54 Total anticipated expenditures ................................. 49,836.54 ANTICIPATED RECEIPTS Pro eeds of levy by District of two —mill tax on property within the district, the valuation of such property for purposes of tax tion being$24,9Q,272.00................................. $ 492836.54 —000— Passed by the commissioners of Public Utility Dist. No. 1 of Whetcom Co. this day of October, 1937. C._H._Park . _Secretary x BUDGET FOR PUBLIC UTILITY DISTRICT NO. 1 OF WHLTCOM COUNTY AS FINALLY DE` EFM1NA For year commencing Jan. 1, 1938 and ending Dec. 31, 1938. LSTIi: ED EXPENDITURES I. General administrative expenses, including purchases of stationery and office supplies, printing of vouchers and warrants traveling expenses and other expenses actually and necessarily incurred Ay commissioners in performance; of officiL l duties, exclusive of items listed Belo. ... 0 500.00 II.Expenses of Election of Commissioners at election to be held in December, 1938......... ....... ...............................,.P 750.00 III.For engineering services as per contract on file in the records of the commission, including services necessary and groper to enable the District to acquire and place into operation the properties of the private electric companies doing; business within Whatcom County, and/or ogler utilities, by methods of acquisition other than condemnation, including the preparation of maps and surveys, preliminary valuations and operating; schedules, formulation of plan and system of development ..................e 2,400.00 IV.For legal services, including those necessary and proper to establish the valid organization of the district and to enable the district to acquire and place into operation the properties of the private electric companies doing business within Whatcom County, and/or other utilities, by methods of acquisition other than condemnation.................................................. 1,800.00 V. Printing and publishing of information and literature ......... 500.00 VI.Redemption of warrants which shall be outstanding as of Jan. 1, 1938, issued for: A. Proportionate share of expenses of election of November 3, 1936, and Apenses of election of December, 1937........1 ............................... 2,750,00 B. For general administrative expense and other charges, described in Item I above ...................." 150.00 C. For engineering services rendered up to January 1, 1938, described in Item III above ................. 1,800.00 D. For legal services rendered up to January 1, 1938 described in Item IV above ................. •... ...... 900.00 VII.Interest on outstanding warrants. 200.00 VIII.Court costs and disbursements for suits other than condemnatik proceedings, including printing of briefs, filing; fees and related items. ..............♦ ... ......... ........ A 1,000.00 IX.EExpenditures for purposes of condemnation of the properties of the private electric companies, and/or other utilities doing business within Whatcom County, in event such proceedings are prosecuted, including preparation of the field inventory and appraisals, court costs and payments on account of legal services .......................... 7x286.54 r Total anticipated expenditures ............................ .... ie 49,836.54 ANTICIMTED RECEIPTS Proceeds of levy by District of two —mill tax on property within the district, the valuation of such property for purposes of taxation being$24,918,272.00..................... 4.......... 49:836.54 -000- Passed by the commissioners of Public Utility Dist. No. 1 of Whatcom Co. this day of October, 1937. C. H., Park. -Secretary BUDGET FOR `UBLIC UT4.LI`I'Y DISTRICT NO. 1 OF WH11TCOiu COU'NITY i�S FINA.LLY DE._L`EE�lL'dl For year cowencing Jan. 1, 1938 and ending Dec. 31, 1938. STliu1,111,D tn�;.,lvril'1'li�`.t i 1. General administrative expenses, including purchases of stationery and office supplies, printing of ;vouchers and air rants traveling; expenses and other expenses actually and necessarily incurred 14 commissioners in performance of official duties, exclusive of items listed below....500.00 II.Expenses of Election of Commissioners at election to be held in ry 0 Irl.For exiginecring services as per contract on file in the records of the co=Assion, including services necessary and proper to enable the District 'to acquire and place into o,ex°aLion the ;properties of the-)rivate electric companies doing business within Trtihatcord Cowaty, and/or other utilitiea, by methods of acquisition other than condemnation, including the preparation of mLps and surveys, �..?reliminary valuations cnd operating schedules, formulatioLz of r,lan end system of develo-ome_it.................. 2,4.03.00 IV.For legal services, including; those necessary and ,proper to establisri the valid organization of the dis lu-rict and to exiable the district to acquire and place into operation the _aroperties of the private electric comp hies doing business wdAhin Whatcom County, and/or other utilities, by methods_of acquisition other than condemnation................................«..........,...... 1.0800600 V. Printing and publishing of information and literature 500.00 VI.Redemotion of warrants which shall be outstanding, as of Jan. 1, 1938, issued for: A. Proportionate share of expenses of election of November 3, 1936, and expenses of election of December, 1937........ .................... 2,750.00 B. For general administrative expense and other charges, ue:-.cribed in Item I above ...................« 150.00 C. For engineering services rendered up to January 1, 1938, described in Item III above ........... «.....1w 12800.00 D. For legal services rendered up to January , 1938 described in Item IV a.bove...........................V., 900.00 VII.Interest on outstanding Warrants............................•.•s 200.00 VIII.Co;.zrt costs and disbursements for suits other than condernation proceedings, including printing of briefs, filing ,lees and related items................................................�' 12000.00 IX.Lx -eaditures for of condemnation of the properties of the private: electric companies, and/or other utilities doing business within Whatcom County, in event such proceedings are prosecuted, including preparation of the field inventory and appraisals, court costs and payments on account of legal services ........................«. 37,286.54 TotE:l anticipated expenditures.................«49,836.54 ANTICIPATED RECEIPTS Proceeds of levy by District of two -mill tax_ on proj)er'ty within the district, the valuation of such property for purposes of taxation being 12419�8,272.00.......... ..•.................... 49,836.54 -000- Passed by the commissioners of Public Utility Dist. No. 1 of Whatcom Co. this day of October, 1937, C. H. Park ;.)ecrctary BUDGET FOR �'CIBLIC ul`a iJI`i' DIS:i:RICT O. 1 OF VFHlkTC OLi COU M r.S F:C 1'.LLY For year com-Mcneing Jan. 1, 19380 and endirng Dec. 31, 1938. T_�,)).�l�.il•.�1`•i.i:��i_���;�'�Zi1•l�li..i�' U I. General adii:ilustrz:tivc expenses including purCl1a:3E.S Oi stati.::inc ry ti.nd office supplies, printzr)g of vouchers at'id /` 4J. ranis "ri.ve in v�: ?eilses wid --trier eipe nses uctuaily and nece:;sarily incurred k commissioners in� performance of offici:,s duties, l��r� e'lbc usivc of items iisted eloiir . •r • • ► . . • w . • • • . • . • • • • • . r • ♦ • . • •��' 500• 00 II.E.xpexlses of Llectio.'a of 1'1'j'o151-�i5sionErs �.t E;lect'Lwi to be heed In December, 1938 . • • . ♦ . . . . . ♦ . , • • • • . • • • ♦ • • • . Y r ♦ ♦ . • • • • • • . . • . • . ♦ . • • • • � 750• C)�,j � III.For nn�;in _rir) services as ,)er co ntruct on .rile in thc ?:,eco-i'ds OS` ttirc? coiz;:)i ssion, including;- s,:rvlces nec:es ai-id )ro per to enable the district to Lc(Auire and place into o,,era �-Cori the Pro: eri,ies of the ;)riVat(', e- l C:'CtriC com!)anies doing buy i.rness within ►Yiiatco:yt Co-iji-ityr, acid/or otlier utilities, by method of acs,uisition other "barn Condemnation, includir_ tie prep.arLtion:l of 1¢ ups and" sur ve;'s, ;)re L.Lininary dalucation'ns &nld. o 4)i r atiing schedules, f0rM1J Ettion GI r)lLn.I and. system of levE d � r. io lrzent................ . . y; 2 a4-10.00 IV.For iegai services, inalud.L ng those necessary and proper to establish %,he valid organizatloi of the district axid to enable the district to acquire and --glace into o;)eration the properties of the private electric compani e' s doing business "I.-itr-Lin thatcon County, and/or other utilities, by methods of acquisition ocher than condemnation ......... 1y800o0O V. Printing and publi shi nw of information �_nd li-terature 500.00 VI.Redem.;)tion of warrants which sha11 be 011t5ta.n.idi.nj; as of Jana. 1, 1938, issued fors A. Proportionate share of expenses of election of November 3, 1936, and edp_enscs of election of December, 19 7........1...............................• 2,750.00 D. For L;eneral adn.,�iinis traytive expense and other charges, r.Ae:: era fled in Iterrn I above .................... 150.00 C. For engineering. services renCiei:•e d up to January 11 19380 described in I ew, III Lbove ...... • .... • ♦ .. r . t, 3C)O.00) D. E or legal se_,rvices r'e:n6ered up Lo JanuGryr 1, 1 i3S described in Item, IV above ..................... 900.00 VII.Interest on outstanding Y • R • ♦ . . • • • .. • • . q • • • • . • • . ♦ .�. 2V0.00 VIII.Court costs and disbursements for suits o 'her th&n co:sde;.wLtiori r proceedi.s, includi. g printing of briefs, filin; 1 ees €lld rei-ted. steals. ......• :.......................,............... 1,�',�U.00 T .L'x,;e;zditures for urw�c-)sus of condemnation of the prdpertjE3s oi• the )riva.te electric com.parnies, t_nd/or other utilitic s doing bum-Lln's;' within WhIL, tcoal County, in event such proc;eedinL; s t re pro::.:ecute d, inciuu,ing preparation of the field inventory and apprai5ai ,, court costs and payments on account of legal services ................ . ... • .....�: 7 86. Total a.ntici)rted eel)endiLures•.►.•.«.....••.••w••.•.••.,.•••.. 49,836.54 1,11TICIP.LTED. RECEIPTS Proceeds of levy by District of t7,70—L:1il1 tax on ,)ro )erty within the district, the valuation of such -property for purposes of taxation i ing 624,9;8,272.00.......... ................•..... $ 49,836.54 —ouo— Passed by the cornrnissioners of Public Uti_'Lity Dist. No. 1 of ";fhi�tcom Co. this -- day of October, 19'37. C. Is• Park, ___ueC'_'f.,tdr Sr PRELIMINARY BUDGET FOR PUBLIC UTILITY DISTRICT NO. 1 OF WHATC0.9 COUNTY, Y ASHINGTON For Year January 11 1938 to December 31, 1936 ANTICIPATED EXPENDITURES I. General Administrative expenses, ,including purch&.se of stationary and office supplies, printing of vouchers and warrants and other expenses actually and necessarily incurred by commissioners in performance of official duties, exclusive of items listed below-$500.00 II. Expenses of election of comcissicner at election ;o be held in December, 1938......*..............•.............0...•.......6. $750.00 III. For engineering services, including those necessary and ,proper o enable the District to acquire axnd place into operation the properties of the private electric companies doing business within WhLtcom County, and/or other utilities, including the preparation of maps and serve. s, preliminary valuations and operating schedules, formulation of plan and system of development ............. ........... •.............. .........,ww$2..JO.00 IV. For legal services, including; those necessary and proper to establish the valid :organization of the district and to enable the District to z_cquire and ;place into operation the properties of the private electric companies doing business'rithin +iha.tcom County, and/or other utilities, bl, methods of acquisition other t'1"an condemnation ........................ •..a... 1800.00 V. Printing of information or literature pertaining to operation of District.........................................0.......6 $ 500.00 VI. Redem2tion of warrants which shall havc been outstcnding as of January 1, 1938, issued for: :�. Proportionate share of expenses of election of November 31 i9361 , nd expenses of election of December., 1'37.....$ 2750.00 B. For general administrative expenses, described inn above item I . . . . . . . . . ♦ . . ■ . . ■ • • . . • . . . • 1 5 0.0 0 C. ?,or engineering services rendered up to January 1, 1938, described in Above item III ..................... $ 1800.00 D. For legal services rendered up to January 1, 19385 described in above item IMF ............................ 900.00 1 6200.00 VII. Interest on outstanding warrants .............................. 200.00 VIII.Court costs and disbursements for suits other than conder.►mation proc€>edin;�s, including printing of brief's, filing fees and related i tes....il• • s • • • • • • r • • • • • . r • • • • r • . • • • • • ♦ • • • • • • • s • • s . • • i-Ju'l) ■ji Total a3ticipated expenditures exclusive of condemnation proceedings ........... it 12.050.00 IX. Expenditures for purposes of condemnation, of the properties of private electric cow,,;anies doing lousiness within r�hatcQm County, in event such proceedings are, prosecuted: A. Engineering; services in preparation of field inventory and appraisal of said properties, and furnishing testimony ............................•.•.... $16,245.77 B. Abstract and title reports ................. C. Expert witnesses, including re&l Estate apprai- sers, necessary to furnish testimony supporting appraisal and other data ................... 3,500.00 D. Court costs, includingf 1. Filing fees in Superior Court and appellate cou.rts,f printlag of petitioa, briefs, ro- cess service and related items ........ 1 1,500.00 2. Court reporters, for reporting case and Ireparing transcript (computed at rate of 75.00 per trial day) ................. 7000.00 E. Legal hex'vices••r..a♦•••••••♦••••••••r•••••. 50000,00 Total anticipated expenditures for purposes of condemnation. • .. • .... 14,36,045,.77 Total anticipated ex;�;�°ndi.turesp including condemnation....i..•....... $48,595.77 Proceeds of levy by Uistrictof two -mill tax on property within district, the valuation for purposes of taxation being t 24, 297, 884.00 ............. • • .• .. • • • • • w • • • r • • • a e e • • ■ t48 f 595.. 7/y It as moved by Kr. Friese, and carried uaanim©usly-, by affirmative vote of each and all of the commisaloners, that a hearing be held on the budget in the room of the County Commis- sioners in the courthouse in. the City of Bellingham, Washington on October 4, 19378 at the hour of ten o'clock A. M., and the secretary cause notice of the filing of said proposed budget and the date and place of hearing on the sane, to be published for at least two consecutive week* in the "Northwest Farm .dews" a newspaper printed and of general circulation in Whatcom County. There being no Further business, the -meeting was adjourned;. A t {/ e s t■ C. A. Pz rk iY • _lam w�1 f ii. • � l' '• _ .J F.'. •T-� t'�'��. i.11 lip ati NltftfYft?tIYSII�TIftB#RFttlgptfi�tRlTltlfistiRFR#FE�I"IJ"Von" r Public Utility District No. i of � t:hE�.tcom Couxtyo Vashln&ton * Official Seal Organized 1937 er �rtssrttn�vRftR#�fl1#t�11"A!##1R�/9ftx�n�ettrtrt���oa�ek�rs Y j-AN- D-ec 14SS' PRELIMINARY BUDGET FOR PUBLIC UTILITY DISTRICT O. 1-OF WHA` GOM COUNTY, WASHINGTON For Year January 11 1938 to December 31, 1938 ANTICIPATED EXPENDITURES I. General Administrative expenses, including purchase of sta.tior3a'ry. and office supplies, printing of vouchers and warrants and other expenses actually and necessarily incurred bycommissioners in performance of official duties, exclusive of items listed below4500.QU II. Expenses of election of comaissioner at election to be held in December, 1938...........................................•.... 1750.00 III. For engineering services, including those necessary and proper to enable the District to acquire and place into operation the properties of the private electric companies doing business within Whatcom County, 4nd/or other utilities, including the preparation of maps and surveys, preliminary valuations and operating schedules, formulation of plan and system of development ...................................................$2400.00 IV. For legal services, including those necessary- and proper to establish the valid organization of the district and to enable the District to acquire and place into operation the properties of the private electric companies doing business within . 1ha,tcom County, and/or other utilities, by methods of acghisition other than condemnation .......................................$ 1800.00 V. Printing of information or literature pertaining to operation of District .................................................. VI. Redemption. of warrants which shall have been outstanding as of January 1, 1938, issued fort A. Proportionate share of expenses of election of November 3, 1936, and expenses of election of December, 1937.... V$ 2750.00 B. For general administrative oxpensesy described in above item I............. ..................................... t 150.00 C. For engineering :services r;_.n ered up to January 13 1938, described in Above items III...;,.• ................ 1800.00 D. For legal services rendered up to January 1, 1938, described in above item.IV............ ......... ....,.. 70.00 $ b200.OQ VII. Interest on outstanding warrants .............................. 200.00 VIII.Co urt costs and disbursements for suits other than condemnation proceedings, including printing of brief s,.f iling fees and related ites......... Total aticipated expenditures exclusive of condemnation proceedings..... ..... ..$ 12,559*00 IX. Expenditures for purposes of condemnation of the properties of private electric companies doing business within Tha.tcom County, in event such proceedings are prosecuted: A. Engineering services in preparation of field inventory and a?praisal of said properties, and furnishing testimony ......... 06,245.77 B. Abstract and title reports................. 2000.00 C. Expert witnesses, including real estate apprai— sers, necessary to fui ish testimony supporting appr6isal and other data.. ................. 3000.00 D. Court costs, includings 1. Filing fees in Superior Court and appellate courts, printing of petition, briefs, ro-- cess service and related items ...... ..1 1,500.00 2. Court- reporters! .for reporting case and preparing transcript .(computed at rate of �75.00 per 'trial day) ................. % 500.00 E. Legal services .............................. 5jO00.00 Total anticipated expenditures ror purposes of condemnation........ 36,045#17 Total anticipated,expanditures, including, condemnation...........w.w! 4431595.77 Proceeds of levy by Districtof two —mill tax on property xi,:..-n district, the valuation for purposes of taxation be .'L_ _L, t 24,9 297, SS1F.00..................................... 948, 595. 77 It was moved by Mr. Friesel, and carried unanimously, by affirmative vote of each and all of the commissioners, that a' hearing be held on the budget in the room of the County Commis. sioners in the courthouse in the City of Bellingham, Washington on October 4. 1937, at the hour of ten o'clod A. M., and the secretary cause notice of the filini g of said proposed budget and: the date and place of hearing on the same, to be published for at least two consecutive weep_'. in the *Northwest Farm News2 newspaper printed and of general circulation in Whatcon CoMty. There being no further business, the meeting was adjourd. Chas. A. Pedersen PRESIDENT Attestt C. H. Park SECRETARY trx�u�ar�ent���na����rnu�a��s��r��te�etsu�►u���t x Public Utility District No. 1 of - � Whatcom County, Washington � * Official Seal Organized 1937 F N District Plan Re'ected, by CountUtility. 'POWER ISSUE' ~AD By Rabwk —_ Bone s-••p. StateI ISTUE TRIUMPH Few Republicans Survive Democratic Lands 1 i d e— It is estlmaled that 865.000 pl 11 were .laved financially by the -tk - Heavy Vote Delays , tics Thcy bet on�iL.� • I "Fuut6all w-s n)arh 1"RYAN GIVES MIZE RACE nrwspapers." urr: it iII, wasn't arfi r'rl r..rrl, t h r ()'A) $Balch and Van Dyk 'In Close. tram wouldn't knoiC :r'hi• 1- �rin Contest --Edwards Wins to cripplt• _ •hml The silent• inot ies rn:c fi(I- The Rrpnhlirall !innllnalion of Vantarr. you cos:lll srr ut R'ha roar county rnllal)sr(1 under sill ,e of a holing infant :IceT:; Ihr' we 1)rniocranc avalanche of 'ill, aisle. o, clay' to snarl) ❑ Democratic tickrtl In tir'tol" I'll- the lir:,t, time in the llll AN II0N1}.S•r M 1:4 nN!: W`110,11laor; . f Ihr eoll'"' will!(. the •:tale and ]III ttonal l DOESN'T T KNl)11• 11II1( It 1..\15'yL;ft Ilrkets : wv`pt alnnti w'l;h (he Demo- l'O H1HF: WHEN ll I.' (ii:'1' N (I.:I;Id Iub, the itrpuhlicalls 1. vs the ford t it ket fro m lhr u'rccka;a'. 9'iti)l'Fl1.l:. I:;IVr in Ihr counlr\• cPslnct whrrc • nttr• Dann I.II Ic 1vgI.1L1ilor wu; !•IC('L- A cic•ili +d l:n•,'. -nr that taxr:; !it and hl lurid"'K mule «as in n honest men to •tl;,!urc :•tnl., )n nip and II k r We wlih :t Repub- Irilr.ne:- la ,in fnr (III, of her s(.tt • • lt-'l111 e!fa11tV-4'16:111 precincts out, n( I01 r'!'I)orlerl at I1(>,111, llnnlllc;.:l �� lelol'li, ! eillnid-1t' pI;I,'r•d flit, collil- v In ill, D, nitwratic. rollnnu. \all,ren hides Tide. The drfr.0 of Cnnl:re;`mall Linrl- { ! let If Ha,ll:t Itet)ublivan. appealed lT ,�• } ffj•!Cr. rerla:n a� ill t)rmorra(ir opponent rack Ihr tole n•hl.-h drrlafcil • t• inter'nor I'l inklin 1) Hoo.,evel', You ncvrr know your :,hilily 1,.�•E fir dl.::l u l i)ntc,•!- i:slle appeairn raise mnnry until you ht.tr owKrell delea!ed oil the tm,i., wart..%: •'thirty doll.lrs or lhirlt •t uroftiei.il rr!i;ra : r,,,t. !!' d!1)a•' ivnl:: lro•n ;fir criurttry !It :0,,t • �n•Iit: lhnlin: m,teItally to ll 1�-- If 1L I� a rein; In r!•Pet�,' L :1 nt the nll�::y mea: tl:'r I A 1•: I•:d:v:lr(7:=, I),'.: .,toic•li goc !i z. vh;it lht-e - - - - .aliout who bu - ;it,, i;ilital I 1');:n to 1'a;;c J. Cnlumn t) IF FlA.dt iS THE CitT',:'F IT'P- - T PORT' O} 1•Ir'.11 I: lvll.11' ""Is II C O IJ ^: 'i I2 1 tii 1?Dti Iti SC)\il:- �HRE� I� DUMDEN S Ii:IN( i''J SCA1(1•: UI''1'ICL:- i;ol i ):::` ,!r rili:li fn Il hr:t n!!, 0� CIiY C01!fJCll ''G61!fdA1k" Incomplete Figures Point Dr. Showalter Will Be Only Re- publican At Olympia p' BONE WINS OVER JONES Martin Runs Away From Re- :'•:g ! publican Opponent, Gellatly S E A T T L E. Nov. 9.—I1•1 The i Democratic. landslidee In WaahinK- Ion inrrcased In volunu• today -a ,F.. nutrc rrlurns from ';ursda}'s Ken- i10111.1t T. BONE el'al elecllorl vere labllhltcd, Not ince 1896, When the IAtnocr.11.... Senator Wesley L. Jones, vctrratt w•ilh the aid of Populists and Sit - of colu;ress with thirty-four ycal'is%vr Repuhliculiz, carried the sl.ilr of scrcico, tt•et)t to defeat yostcrdayfnr WHIIslnt, JenniliTs ilrvan atul ! hefore Homer T. Ilona, of 'racnmlt, •Wirt the state office", has their: I)emocraltc nolnin(o_ With al)olll been sirrll n Dvinot"atic Iriuntph half the :.tate relxtlled Done had In washhllaon. It,tllyd 15f 31i9 vote`s, to fl}3 ili9 for On the hasc: of inrunti•1rSr fill. Jone:. leper rnhit i'. e e: unv;. oniv ore Hrpublir:m, Ur. N D. tihnwaL'er, r stale superitltrnderil of puh!lr III - :Mr(", :Mr(", i It eras Irlt to l ,, IIIrnl III RED[ HENTS ;lire.. H ,he :.lal,. llnnrr In etl�m i)ia. H,• Lad nonl)- 1lonrrt I;) the item II1"s tlihrlai..r ;fir rlrrilyr tilale of}idal•, all Rr- ' !nthhc.ttt<• «•rer :.wept TAKE CUC1111ON11"11 k-ef t of Drnutrl n(ir cures. I{.�I ilrclt;nln!: «Ilh Ihr iva�l ofI4rt ihr t', •!ra I-r!:Irn rd In .1 m;c.hinl; ma j n il\ G.r Yl nikhit 1) Ho,xa•eriL nv� IL•;la•rl liuntrt" A � llonIna er T Ilo. Ca, oul l au• ;it incumbl:nl, Ior I1Y Unite,! tilalrs :�ena ;r and C'la:rrrr D Martin tv front hi:; liepub- 1.%ill opI•onrnl, idrn;rnn n!. ('over- - — urn- John A. Clella:!p m the racy Bone Dry Law, ill ffcct Ill1 for Ihr ern',-rttor'aup, Washington Foilrteell Year_:, ,Tn fnr ri: r d; u!rc. ?.Nrl J :\ ..Ioricheck was eler(rrl nri� .inhn Is Wiped Otf Books I•' lltl!r•r• fra'nirr ilr;,ohlii . n con- '.!-+ man In ,fill:- 1,- 1; «firer Ih rc urr:• .null• t; S[-::\ 1'Tl.l: . �' ') . 1• ^u• �_ • i)rin�ci ilu• ' u) !u'.r!r. ar;r lrad- .r !; nr rkuu.V t!)„ };,i'r '1\' i::. :IL'hn!:�:+!i :n •r,rn• u.,:nu•,••: nt ha, nnr .1 lear:111• acre In ;l --1i• "ail !,• n ,.fl.�. .I1IIIT.I.. n tat Pap., i. a:. fit;) . Leer Parlor LiczT1S12 ! i 1) ?S �n1i1?flt ili. Jr°�LI!. ,. IT; t - __ L — THE PRESIDENT-ELECT — . - — - ear �ad i FRANKLIN 1). ROOSEVELT FIRST i71PCRTANT TASK i3SJsI.. 9 i,l� i iS .%ELECTION Of Ne President Hoover Connecticut, P Democrats to While Eighte Triumph—W1 f Nineteen Coy PRESTI)E.tiTiAI. E' i OF I.iIiY:t;: I NEW YORK, national expression Hoose.vrlt said In It htq unprecedented "%IV friends. I ap predation to in It:-, great tote of cc had more than -no- It became a nattos -'It mran,% I nation believe tha ordrlty recovery th of axtI"" Srouch ap expre.-A'd pval. i.i in the nation t mandate shall not your help• the help N1,1ti IOPAE, stt•!•i)t I'rar.l:lin grr;itrr proportioft m., dent, flow,-er wit.j President's 10.542 tif-kot Karl reachl minor candidate". rrhe New York retiirns , into hi r_m;nl it.; ballots. President lloover' I� i n:Ire, Connee - .\furl: F, �nllih h 1 1•l. l ornc"vral.; apl von cor.trnl of th CONFRONTING f deicir se, atori• 4 _, iyr•re victorious t OF CABINET ,vitlioiitl'1 ppo,;tinl 'to. OF elected! Democrats are leading in 13 Othe Zarr - 1:17- KBENTS Republicans so far have �A_ -, 41� d Ls POWER ISSUE A"PAF�i�,.11 THIREE !NCU T1 i two senators, James J. Davis, Re nia. C010M -6. y, 5n CITY COUNCIL NOM- Cor Elbe 1 ic I state., including Califor 2-. owa ash publican, Pennsylvania, and Porter I do i long 'uIrml. Illinois. I W rd ai,- '4: lieutenant - go-, LY DECIDED 1H Dale, Republican, Vermont Davis'ington and Wisconsin M. I -, ­11 11 t,!!A:�V. 4-' 1 INATED �spective senamrs now are Repub .58, tnr,'Falknor. 48; N10yers, 1. 1 S ate 41"'t di:;trirr M.,c, is wet, Dale dry- Republicans are :tar. 93; Iae, i: Adkison. 3, represents - leading in five Senate races: ]icons. Republcaw% are tead1nit It j redo 'short, term), Nevada. six states, but, In corlLest_s '10r SCAL .against, tive. Balch, 45: Van Horn. 46 ' Ed RA1,P11 VAX 1) V K iFrom P-.Iqe 1 K,,Iw3rds. .57: Van Dyk, 56: Kenney. qon. North Dakota and South now held by Republicans. rtst. 1-5t . 1was conceded one of ['If, count�'s H. Democrats have elected eight gOV 30; Zqmzow, 37 � commissioner, F; Edwards. of IDCln" _ Slv, rp- kota. D While A. E 1,v,,,.o running seats n t I 10 stf,,�e legj�slaturv.� I IN CLOSE RLWE 11j.; opponent. Limn district, IAube, 48; Jenkins, 44: Gor- "in W. D Exing. Democ,ats are leading in Arizona, ernors Including two - Maine STIf rist. 67. distr. rig mate, Ral ph % in D5 k, • cc,; ed 522 votes. lan-- -Rhode Lsjand-in stFaes whe-,!� -th' No. 3. ne. 47a� Th:yd d;_5­­­-1, hold it sea" r Albc:-t, Colorado Tong term), Idaho, Ka lit vote lead o-,(, for, ��-arner_ 46, D';-hnm, 39. Creanwr.' of Milne, m'aii member of sas, New Jersey, Washnigton, Calf- 7 present Rovernors are Republic= -e -on - 4. Balch, of Blaine. RopublICLIll, :a 31 r Democrats already have 96 else -tot, for,' 7. No 58. for 105. RCILmzl. excit.Jnc� race. forma arid Ohio. James P. Pope, Re' '"'lo'clock his afternoon. %vi�il SIX where in Connecticut. Georgia, MaA ,7 - 2, Is ('X!)('CtCd Democratic candidate in Idaho, is a I any No. 61. for 64. against sil; No. 62 county precincts cull to be. liciad York. Ohio 1112; Na. 64, ,or 123� leaders sachusetts, New It. Hoo- for ,4 acai. from. .%I j. ocOnnor, in iln-o �.?n 'to dry. The other Democratic No. 69. for 110 agairis! t,� to where "Ma," former Gover s ce 1,� "d 7DO % of e s as 4%s. are uliquall.;Gedly wet or pledged Texts, No- L' for 20. .:T:!- The latest unofflc�al tabLlhl',1011 0I jr for nor Miriam A. Ferguson, returns V -ns 511��ljtl) rffus- 1 !Or vvilliani M Seeger Lhe national platform with Its prom- I !oCil:�1'. As incomplete rerm y Inc the mansion in Austin. :BU Zo4m, 55. No. 2. 'or 34. plete count. rd the, lead of Senator R. W. MM' 11%11LCr L, P, c k ise of immediate beer and repeal. �allgren. o- 3, for 9. ag'WIA tin. 4, for Tant�Lmnunt The North and South Dakota Re-; B0 q VE IV O'Connor's ell L S ed iobiicans are drys and lire other' URBO. GO RNORS WIN over S,:"" '71ct UtititY ehi. - 111L Forty-first qcniitonal district.. ec 1�artin. icanist 38� i, 0c are pledged WASHINGTON. D. C_ Nov. 9- no Dem I lie, leaden, ainsL 4 Frtst dis',rict. Laube. IM: .1eikku-, The vote was: Alize 4.054 and Rvaii that Democrats won nineteen govern D e I t a Tl)'kn-,hip 2-President, Gorrie. :16; Third 3 820. a lead of 234 votes for the in the Fourth war ,a -_ht Republican platform which epresen tar. 87,. rtoosevelt 156. Social- A bitter race w� be foug p.v)mises change in prohibition. ships in yesterday's elections an( ' oil.. trwt. C�arncr, 83, DU1113M. 53: Republican. were leading this forenoon in tea 7: L.bertf;, 15; Pr balon. 4: Ir. L8 tween E. C. Har�l n iri,p L With more than half the House '�v ' sure No. 58. fori See -Saw V , d I Other states. 3 Ken O1T,nun-­-.,. 2 Senaror. Jones, 64; ertaraer� 47; �je& See w Affair Republican, and err., contests decided. . Demociats had .Ienkl 1 0 er one. 188; Him'.er. 2; Burch�-8 Con- 134, -waIWL ID: Nn. 61. lr)r 115,1 The Van Dyk-Balch race NVR5 nuo. c v in Two Republlcan-�-­Stanley G. Wit - No-. 62, fOr 88. 1 turbulent affair With Van Dyk lead- DemocraC. nominated won 187 seats and Republicans 70. ns'. ss: Hadlry 92. WallgTen. 145: ligakn5t 67. 147. a9l,Llast 26: No, ing 4,162 to 4,151 for Balch. 'llie the Sixth ward. Harsh 1.1 � I c',l Ved , Th e wets h a d 147 seats di, v:dvd be - I -In rt, In Vermont. and John G. Wi f i d, 15.' Elbe, 1. Governor, SO: No. K for 258 votes arid Padden 0 v ies. I twecn 46 Republicans =d 101 rant, in 14#.,w Haripshire-won. T-wr r. Tht at' el q, fo�r 133. iWaillst 22: amt'z1dll%eu1s- I lead see -sawed as returns came in I other Republican gubernatortia iarmn. Tz, ill el 104; Martin, 145; '.McKav, 8 Harshman won over is RCP"11- 'Democrats. An aggregate of 59 -tn- candidates were in the lead. 58 10�� Hicks, 21. Lieutenant governor, �Zv. 1. Ifir 48- :i9fGnSL -191 NO. from outlying P can opponents Herbert Burfiend � ners were cjas;�ied '-doubtful" an pro- Thirty-four governorships were a for IU &.Xnair. 93; Meyers, 129: Yount, 4, 68, agai.t­ No, 3. For 41. A9ftrn;t The election of the country leg- and J. R. Denny. Padden was un- hibition- There were 48 drys among until) "take. exclusive of that in Maine i: airist 9a; z�-� I: Adkinson, 17. Represents- 6A: NO, 4. jKainst,33- ator may not be decided opposed oil his ticket. Burfiend re- them of whom 15 were Democrats ' e county's 46 absentee Votes tire I Democrat wa. 33alch, '107 , � Van Horn, 83; Ed- disZrlcl� d3. .1 ceived 11, votes and Denny 111. and 33 were Republican. The bal- September, when a ,iidmerfAk. ar4, 1Z5; Dyk, 154; Kenney. tinted by the auditor next week. The city election will be hold De- ance were pledged to the national elected to succeed a Republican- -for 1`2 - Comnlissioner. ver. 6: it The late returns this afternoon comber 5. and candidates l be 11 The seven governorships take! 4o. 2, Lau-& q4, Jenkir.s. 82: COmmul�: slightly into the margin against voted -ards of the city. platforms- from Republicans were in rlllnoL� agalng. The vote totaled ed upon by all A Com Bingham Defeated 3ii Burch. the power bill. Indiana, Michigan, Missouri, Soutl UtIllm ­ At a caucus held by the - Wiscm Durham-. 6,3.--)9 for the utility district and Democrat,, have defeated Senator Dakota, Washington ancl, 23: at, 1 llitcl!'' munist here yesterday John IBingham, Republican, Connecticut; sin. reamer. 168. 'Me-uiures. No- 5& for gren 1. 6.998 apain5t it. Reed was nominated for council- Republican, Illinois; Hoover. 2; 1 Democrats also held the governor %T. Senator Glenn. I agajj,.�z, 35. NLx 61. far 14n. prilor Palling plarv% still to report in- man from the Second ward. and 1. Walker. 1: Ill c Senator Brookhart, Republican,; ,,h, pr n Arkansas. Co=ecticu. 16; So %1--ist 134- No. 62, for �4. agltinst� Ka elude precinct. 83 in the 61Y� Acme, it, IV_ AIIZE John Cairns was nominated from .1tion 1 5: No. 64, for 236+ ag3ln-,L 31: NO. 'ell'it�.: �!ui. FRiknOr. 2A MfVe! Lawrence 1. Lyndcn 2. Nooksack 2- _.,x, the Sixth ward to run at the gen- Iowa: and the regular Republican. Colorado, Georgia. Idaho. Massa 49 14, 0 - nominee in that state, Henry Field; % New Yoro 29 Fnint, 7� AeU r., Point Roberts and Slate, located in chusetts. New Mexico. for 2M. a;zfthistr 37. Amendments. oral city election. Senator Moses. Republican, New i North Carolina, Ohio, Tennesee an.! 1, or 61. 1 against, 75: No- 2. for repro Balch 12: Vii!l l+):: the Upper Skagit. Slate has 71 W.V. 72, agllfn4l .lo. 3. for 58, against 6: J.--, 3fi: Vail DVk. '11. E., potential voters. Hampshire, the president pro tem Texas. 14: N�). 4. for 719, against 59, UtsIlly' nev -i Z t 11 ZVV: emnl nl I still Counting. Only In the East Can e Senate; John B. Chapple,1 Governor Joseph B. Ely, Demo I 'First .11 jenlkm%. They were still counting the Votes of the Senator Blaine, Re- crat. was re-electid in Massmlau V-ZWW district, for 134. against 65. dWtrict, I,aukle. I.- Geliev -,President. Hoover, 74; IS; r,6r_jj., 2-. jr*rnmi�;s,.nm-. Third in Precinct 83 this afternoon, Mrs'. X. Hoover Find Balm For publican, Wisconsin, in the primary; Republican, Indi- trounced William J. Donovan. Re 18; vnat,or. d;strivt. Cramer., 13: Durharn. 22; H. Walters, election official, re-1 I -Senator Watson, le,til'it, Isetts, while Herbert H. Loehmw. Rooseveh� 92: SoclulLst Ire NO- 58. for 33. were used in His Re-election Hopes an&, the Senate majority leader; publican, in New York. Jones. 72; Bone. 105: Burch 1: Con- Creamer, 17; Ideasi "" mac ...... S I . Republican. George White, Democrat. -xo 0- against 16; No. 61. for 2q and "ite vote was cast and Senator Smoot, 7rtss, Hadley, 82; Wallgren. 813; HaL " life t' tL /, - I over the Republican. David S_ I.: governor, G01atlY. 24; No. 6:1. for 35. ailaill$� 3q: NOL b 'It total of 320 Utah, chairman of the finance cOm field. 1:.Eisht. 3: r , for ' st, NEW PORK, Nov. 9-(i'}-Only Igalls, In Ohio- In Texas, Mr f-j5: Martin. IM-, McKay. i; Walker. &4, for 44, against 12. No. r9, led mittee, and dean of the, Senate T? r w. "ticri could Herbert Hoover i A- (Ma) Ferguson, wa NO, 1. TI, 1, counted the in the East The states retained by Democrats� ;Miriam ,jeigrnant_izovernor, ralknor, 82: 41. against- 13., amPlldinC ballots until 2 a. m. today when, find halm today for the bruising so far are: Alabama. Georgia (short' elected- AM-vers- '4: Yount. 11'. Franc. 3; for 14. acainst 22. No. 2. for 16, P blow dealt his re-election hopes. term), Georgia (long term), 'glary- N Lhey called County Auditor G. A. G Schmedeman, Democrat. cle *o. 3, for 10. aiminst '14'. cpr&_,0.ntaLjye. Balch. 83, Van Horn. The nation did not go "as Maine land, North Carolina, South Caro- feated the Conservative Rcpubtica SI: Edwsirds. W; Van Dyk. 63: X-M- - No, 4, for M. agninst 32: Utility direr Kincaid and asked 1-wrinNicin to 1,� ;goes." for Maine reversed Its Carly i - Florida. Louisiana. candidate, Walteer : calrur.issiow.-�,.' :rlcl. for 20. against 16. homeand resume the Mint In the autumnal swing to Democracy and lina, Arkansas,' rubernatorli 1 nee, 27 � Zamzow. 27 morning. Missouri, New York and Oklahoma. Kohler, in Wisconsin_ Vltw I-PMACtellit- HOo­The auditor told the board to stay, went Republican. Vermont, too, oil the lob, but whether the work- was a meager contributor to the R-sosevelt. ilia. 5rciahst. 14: Labor, 1: Liberty. 12 -. Fro- I ors jg1jored his Order a nrl went hante G O. P. total with its three electoral Tolman Re-elected To 5. Senator, Janes. 118: . -1- , 11k sip, was not definite- 1. S. 0 ge V Himv-r. IOL2. Buret ly known. Of the twelve eastern states, State Supreme Court Congrem Hadley, 106: WAllgret'. Fred E. Laube, Republican, was I llt,.w I wo - pl its Pennsy IV an tn. wish 1117; Hat'k-!d, 11, Governor. Get- retained as First district commis- ttls 81nck of thirty-sla electoral 1.1tiv. 143: Martin, 97; McKSF. 7; sioner for a two-year term, while votes. New Hnnipshire. Delaware 1 0 SEATTLE, Nov. 9.-(U-P)7-- • Me;dc, 4. Hicks. S. Liculerinnt gOV- the. Third district chair was con - and ClinnecLicut-apPeared to be a Warren W. Tolman, of Spa: 128 Mfoyer%. the only bright, SIW4 ill a Ropubli- * � ernor. Falknor. ""A - ceded t �7,,,nk L. Cramer. Repots- can rout. kane. state supreme court • Tatim, 4'. Franc. 8; Adkifismi. ll- lican for about twenty Balch, 141: Van In t The Lally of the East's electoral a jw:,,!cc th Charles I. Rosh and : 6 ymn'. appeared to have won * ! Horn, 1120: Edwards, 64; Van Dyk. Tim Healy were elected to the state vote - hLs fight to r1.1ain his seat 6 ';4. Kenney. 9-2; Zarlizow. 23- Com- ,legislature. They ran far ahead of S. W RTAN For Roosev6lt-New York. 47:1 ■ on the bench. 0 missloner. Fir-T. district, Lauber 90: the Republican ticket to win. State Senator R. W. Mize, repro Mas:;achusetts, 17: New Jersey, 16; It Incomplete returns from a Jenkins. 36- Gorrie, 51. Conimls- Roosevelt 1,eads- Rhode Island, 4; Maryland, 8, and 9.jI precincts gave the Vet- 0 � sioner, Third district, Cramer, 39; Governor Roosevelt's margin over, senting the F)rty-ftrst (county) dis- West Virginia, 8. Total, 100. ran jurist 54.332 v o t e s s 1 Durham, 26; Creamer, 191. Mess- President Hoover in this county was tract, wqii 011r.iizrd Ili R "neck -and- For Hoover: Maine, 5; Connecti- a against 48,752 for Superior im uires, No, 58. for 175. against. 41; approximately 1,400 Votes, early re- neck" battle LO retain his seat, the' cut; 8: Delaware, 3; Penns�vl,,*ania, Judge Austin E. Griffiths, 9 No. 61. far 79, agalmst 164; No. 62. turns revealed. The Democratic 17100171111LAV vale from the district 36:Vermont, 3: New Hamps'hire, 1. I , n" 6 dard-bearer iollyd 9445 rute.q early this af:pMooll ShON%Ln9 S. M. Total. 59, of Seattle. or ov. against I --. 1). . Or. . : I No 69. for 198, against againsl 25. 5 .11 t - I to 8.063 for Pre.lieIrwit Mx),wer- k1tinpr 1)eniuentl. giving him a real 1 in the New York mayoralty con- a e 0 0 0 dk ! party candidates Lrailed/fax behind, contest, .9. Amcildrnen*� No, 1 for 49, iteA, the election Of SUrrogate John 1, MW 7 _X _C A-1 -3 Wffi - 6.-ja ' N f 1_1 ylllle all a,1 -1 ILL e. f I n►lA tiro 11 n• +I:r hl vp d alrmq If br.lAr her Inhbll unr!r 'And •r •� l 11aIe a Inl nl Irnu uurt anA lad, • Ira I belt wnh n. lu•w 1 tor. II pleat, of Lwkrd Mau. Llnklw Wig rerhe!+` ,e ht xtI l.l+ugrarn Allot he had I.. —II till Iinh Cel It.,I told ,on In I_[ nlrbt, nl nq, .e.. the rehhl In hod plckrd up la,1e bunches of I,n IIM-up l aIt tlltrn, 1 pot., bell, enA nil wad oral 1 rr( home wllh Ihent Lh mulch the Rnlh- ering darklle•. 1 N'o— J."e k"nr1n1 J Cnclr WI-:I1 haA to Rn'her 1 brwlln (I+MII 114 ow n Rnl dCll le - Dux Nll:v .lam Iol Rl't In get Liun,S ^nrnr it,,`, L,r r, And dnrd ' tear' 1•t 1_ .., InkrA Ix•tr:re Lllry w aR rrndl II r• Iwkr In Ihr alto In 1 e IIII w. moll,. In wake than d 1w"Ml olio br,wll 'M+• how Ihr,r beau+ rattle In �tiY th11, 1 ,11. • +md It u rI', n rhr hn;,Fled .1,,­ '1'11r, le like hnhl' nith hpv,' 1'rs al, err ,l 1111cle 1l'1: a!Ir the (n•Irr hr a:•11 li tint) ton null krerhop{r•A In tn'.kr s,llr dirt ,l..h 1'nL on1AI1t ,Iola I'.c lr him•, if ,A w ellrr Ihrm Il:r n.r ,r Illy Iw-nr� ;ulllyd ' ihr {owl- I• •.. n'1 ' II ,III,• ' r}II r: .n:d x1l I,I1,•Ile ling. ■nd en u:') •lilt h, rn: null IIr Lin ,r drIb•d or .nt matter I,nrt el,. a-aa U Inting ",.1 i £ .4 i be rasler than'1 even Ill hL, mo,l j hat thud loaf Me- 1 Elsa ab—!i.l,h :h t. without Int- 1 hurnor hr poured •,11 1 �` hail w hlskt -u:,.I r •� Inr1rJ hu hot auC ` ���iii house. Mahal 1. +- • 7 .rt illadow of a _ 4 , fdl ' , Cnwn till n iv All Ili, Intl -Al, k,ki lSkl,r.; Inln '� .11D) elliI Ilia•.I yr -ha:: Iwt lot We II h,, c plenty c,: Line to wante Ile LY, 111d11w-plm, A., 1" • !•1>l r n , rlr dlalwnrr x)wl .WL! s houar, a110 yrl In Il.r h:,r,vl,:r,w the ateµ, to Ihr: • Ih•a A•, ,n; :I:I:1 1,— 1„I,'. n I\la Ixxitrl Ile e1'„r1-LI ke)'e. .•Hell Ir hl r n rr kr), I,ed brrn ll:. . .r .!In'I •,:I, •r`'I: 11,r total llmr b) 'ne and Lhry I:— 'Ihr It nnp;•- Id lull, ell of In+ 111, rho,t lll'�r :kern Ith ,fl - I: rxrll Iclnq un,'••I i•a n,r +I .}Irlh.xl .aaL End ae—eI. 9•Ir ,on the Uo;arll {r. r IrI p I, I!.e �! Qulfkly lilt nllcii Ill, •.+ nit!I I. at,l-rd , Ir:r ,d Q IL Into Ili, I'. 'a rI' I-:t r r•( ✓ reA n 11! 1:,. nt 11!7 1,!r,r I'll• I' •' nlllrl ouRh. n bush. Id urr tll I.• - Mnhun\eat r; q,r'I rru d1,.•i +' r. .I:::I IL•II w-ay Into Ihr dr+rrtrd tell hr •d 6:•:l• I al, „'., ul;h u1A lit, - of r In,llcr hu•I•: •lr r, I r, 1, II I r: r Mild I . II:• , 1I. , I,: 1 mull •fl', it 11 :1'Y: , '1•I Inhle' r. In•., 1., nrr, :n I•' °r'• :::1 I •1 .r, u '11i, IILI' all ,r ern�an�!u 19 n ;Y li,rrinlr, I x, r , In•I Ihr:, nnl.titlmrnl r nr:l l', :r •.Il t•I:r - I'k, rl I trkaho,lr 'I rrrnlr '•1r•1 hnk•I: '� I7'll :, , cIn11 I,+ _rd ILI tluc, -amc In 11:1I +nrr exrla r•t.+: a 1!r . , r err n ; !I ,n I „III '1 (laAhrd .0 I :. .• rlk.:r tP ILR"1:' •In I1n 11'• •�:- •i s. •1 ,II 1 I bond• Almond lu•I•r r " ' r ` r4 thrlr I1ad e,'rn rwur !:r '"I „ ''I't \t r'.tl•. n/•r•n r• ;,ny Is r,Rhl W. 11 h:1lr n b.1nn-Lr•:Iv:u pn a. 'ti , wa 1'np III I'd�- •. Ir• .. ,I .1'.r .I Il•mlr I N lint ! \ hl :I •I'.r' 1•ul " ' 'lint 7l .• bell r: t5"I :r , l I .t r tt'!t . Ill, bulk w, x rnl,r:•'• .I Ill It I, Iln:r Ill .. .:,r I. Irh.,I the laud lit, t'ultr III IL r .. r nnnA .rn1111urA 1 Ira �I:r • 1: _ In' ', I.It !,I, 1t111, 1 :1 lr•I' r••I r uln'nt I :.r Ir WIR- ,Imy-one Inn- k::• In:r:: ; . by k_ur ul.r n 460.. M _ ' n,a:: •. .>h."Ir .,.- ., .L.0 all T AIIVuet r1! ...I �*;ivElrT 01n 1A11 I wri r_ Amiro' 1. l C I 1 F, I hllh•1.wu Ur nu, will •w:r r.n rn•1•. n, u n,r., i tw..e T.. l,•.Ld 1 sl nllrllr Ilrlm urd �,u biota drir•n r.l x Pr ulx nl In L;n,nnnl 1`Inh,. InN,;{,Ilr I'In 'nl:l Ir.rl•I1,1f+ n.nr, n ..:. , n., grr—llr" u., ,w.I f hn1 k Inln ..Ill: r u'I .r ,r ll hrl In :III'I'Innl In r.l rr 11, Ire let, nl•In wtwr kll.,n 11•-, I'I:11 tar r ,l nln rl :l[ wl1Il,Ilr.l In h"Ill ",r ullh u I In, nln- In\ '\11 .: u1 nllgnur nllC ;:, Ill, r•A ,nlnln 1.1 lnl burl III \111,11r•I II I1 r, r IdnIr I.1 t•I II I.I,.' . kNl+ln!•n• o,rl hn IIrl+ltl+llrn npin, .n1 'lu I:I" I ,Ik hr:ll:n rnn Ilf 11'r f.. .;Ilnlll- ILI nv.n, N,w 11-1 •uppIll Ill ti rhr -lair a, ;•p.0 nut ulvd L: `A ❑nl npI•.•rd UY Ib n.r rill II, 1,1: I >I,, {. iq.•I nlnllnn pn - Nnllnl, I.l anrnllnn nn ditto 1,'rl I`u'd I I ndll1..1 In n•Ix nl fit, -ell,. tnuold Ili.• 11. m.,,nllr nlxl - 'n li, •-1 rill ,nnitnl fnlnna, ' l.,r lnl II, IIr. I.•, In Nr•a \`Ik tY,l 1 .•1r ,L•v1 n+n aw I 1 I Ah. Irl.nn UI Ili• Impnr •ILb � ` •I,I hr l rrl, I:r:lr Inl rvl I.+ rl n+h;r• (;nl.l :rnl lr lrn,..n boll •,Irllt r-�!r, .Ihr Ir .•..Inlrllr II: III I, IrI• old +u t I11+11 I,n,'r \t 1111Ilnl Ire enlr loll lu•rn 1-1 n.n•:Il 'in rl Ir•11•. r:d I:11 .11 .Ynl,rl ,•,„Illy - In Ir. l+nlr III• ' in Mlamcnn 11,n1k xt•In'!„' UI.HON WINNER IN RACE ' 1•rmr.nl r L�n,r n- hl.;b u:m !!II •:1•,l,rt nl'nlr rlau,•1,11,.: nrr-I FOR JUI)OHHIP rI'- r nr,,ll111ll I, 1, I ilr,r I - — nor nook r'u,I;•Iatd. who Ira Iltl -- I' tin- r'I.I till Illllr,., � IkYiar, ibRn (Jolt 1 in, rr nrn+ tilt lrll �!) Blm eh,rn tr. Iutr+ to Ire rnnllr.l' (',n rnrv-1lrlll - Wllh,l, I. 1',Ir. 111, ! ttlr !1IJIt 'I.rt nllr•Ir, Ilulr, till, I. :..0 nif III. IIrI,.I li M, \I nitro ,-all ll' I • nWnd, ntlk'hr Ir; Irl,r li•rrrl••It Illrrw r.11lr I err 1,1 1'I•'I I•In 1'I, II I' t'ul:r 1I :1 Yl.rnk I. l'rnl: r,l 'Ir:nr wall' Ill ,.III.1, Ir.ul,l, rill d'Iw I: Ilu wl {:Ilnnl. 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Ilmr• 111' Iu,••rrl ell all Iti••.r+ n, I lh,ml; hl I I.'llrinn %, 1 IIIr_,f 7nwl •:I'I 'rill I,rl Ilrr r;.r end I nh.. rnn- I 'SUN[[OWERS .. IIr .1' Il l.le„n k. +. .:,.: r n,rl;•I- .. Ix I r rr•I .r r II,r :,, xl'' rl'd o Exiled. Noycomlort 1.'c urr I'...n1r: Ib" `r'•I ;all. art .. ound 1 ri lot Lo nler P ...+I urr, .r x.r ., r lrrn I.I,r ;:I Yn �n In. all cla.Ll o1 ,rota, alit in m :. ..:.. .IIrI I INII!:Ir: I..1 n' I•'I I:I•.::: wn•: • :,Ir : I'•Inn .: II IIr d .11-1 --try day, W-tif 10 Chicago-- �--- LE•MSLATURk•. WILL HE : r ,„ II 1''i" r.n ° U 0 P lleedquail 511 rt,n r II'I r❑I•n l�' nl r: Willi Party Emblrina DEMOCRA-I IC I.t I .hul 1,... 1, 1•I I,.: 1. 1 + f ■ I' •ICI 1 'I :II III .•1 , Mxn ■ ■ .'Ill( AI;u `,I" / II r►n n, r•x tr rmrl r• .I •1 r.n hit' TRAVRL RURRAU 212 RULISHAN HLDO, TRLSPHOMI 2 rn Ilur-. ❑:d N•I IId "'•, tt ,.. 1•, ' 'll•r... !I11 1:•Jrb .,I I ebn, I '�M1l. •Ito ' linnet I:rndnn :Ird. - rill I!,• II •• tot "•' .la ..!`.. Ifr l:rlil:lrnn II, I. trail --_.�. 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Ir.r,I Na+ l lull,[ In 11, 1'rr.•II,.'-"1,r1+r1!.,Ir rl AK IMPI)RT 1-1) „bile 'I In rl.„r .I bond h,nr 1, , :, :'. S1, ClI :II 01\Itllll!, y1 :I I'. `. i I III I.ed Ir, n ,air nr 1;/l7 Inr .Ind lN!Ih nc111n,k fir trill l nl t.lt•rllm, ... .....•. r:llllq r.•:rl :•: Ird 1! ` � 95c 1. [III I:, I, IIII+L ::,I!I..Ir, I..rl4.• . nlll.+ll I,nrt, I.r11111, 11r1n Inl 11�11 •, . �r : '. :L r.l, 1 ,. .' /ei 36 _ u r o The,- It ich, Iill' Taste of _I{ lie Ill.iskey BLENDED WHISKEY 4 I t J J LENDER WHISyA1,���,a Sill a fr„ droll, if Old Srhenley. I' it-1 toll gel Thal luxuriotin, rat y- l;ningLl•1r.�hhrn,a, it go(•Ado\+n, b il� rllrl,risiti� soflnt•-, in ihr i dil l drlight, toil. And 'hrrr- afirr iou are :IIN.,r, tire In gvl II1.11 -nrnr• liar .luulilt'—hrrau,.- I ti hrnlr•t 11 nrr•. to tau in ' bold'. l• t, II tI. till. I I I I L 11 rArlu,ier k�wk l,alrnlyd Innllu•r-luroo( rhl,, to `- a,-urr ton Ihr original Iluelil� - ail d v 2w r v �•�•` 1 �ri y_;i BLENDED WHISKEY EXTRA QUALITY PINT 90C QUART $1.75 ! ,Irn Ilrrnllll: Illy .I. nl, 1.1 ,. Ili•A lr, II• fill- 1—;d-i .Ill• 3 ,...r•.....I l ....... lll r r.. .Illal rlr.I.r, dl-Ilnr•I II,•rll ,t........... bl I,h1 kr, H In•, •nklrbt alit-k., S , rrl•I I'I'. •I,.,,rhl „ll.A., J +. II .r 11!I 1 01 ...I., •I.1 In Ill, h.Ill. , I'Inlr:l ill- It.rlll••_ 14, li 1...... I. QUALITY SUPREME PINT *15 Sept, 149 1939 Mr. Barry Dibble, Asst. Administrator United States Dspartment of the Wavier f.'cnevil-lo Project 811 H. Be Oregon ftreet P tart larA w Oregon Beer Mr. Dibble1 HenlYing to your letter of September twelfth regarding the forming of Public Ut--tl Lity Districts in Whatcom County, S wish to say that I rind records showing that.$ on November 8, 19329 the vote u7-n tie Public CTtilit District No. 1p in iyhatcom County, was taken. There wer 7154 rotes for and 7629 votes against this. On November 3,, 1936, Public Utility District No* 1, °_hatueom County9 was again subwitted to the gubliao resuXtIng in a vote of 8671 for and 8189 against The Geminsioners elected +eret Chas. A• Peddreea Route 1f Bellingham Phones Laurel-2381 A* J* Friese 444 16th St. Bellingham Phone, Wham-1725-T Do G« Caeender Evorsos, Route 1 Thonsp igyndea-24t PTS:km S trust that this is the information that you desire. Tory truly yours,, May 'T. Snyder 7:HALTCOM COUM AUDITOR PUBLIC UTILITY DISTRICT NO. I OF WHATCOM COUNTY CONRAD E. BARKER, PRESIDENT FRED TARTE, SECRETARY E. W. LENNART, COMMISSIONER ABBOTT & LANT, COUNSEL 215 MASON BUILDING BELLINGHAM. WASHINGTON October 13, 1947. Auditor of Whatcom County, Whatcom County Court House, Bellingham, Washington. Dear Sir: There is delivered you herewith, as Auditor of Whatcom County and as Clerk of the Board of County Commissioners of Whatcom County; Certificate for Levy and Collection of Tax for Public Utility Dis- trict No. 1 of 'Whatcom County, executed by the 'resident and Secretary, respectively of said Dis- trict. You will note from the Certificate and from the Budget and Resolution adopting the same, attached to said Certificate, that no taxes are to be levied for the year 1948 for said District. Yours very truly, ABBOTT & LANT, By HL /r c Enc. RESOLUTION 81 A Resolution adopting Budget as finally determined. INHEREAS, in conformity with the Laws of the State of Wash- ington, this Commissionprepared a proposed budget of contemplated financial transactions of the District for the ensuing year and filed the same in the records of the Commission on or before the 1st Uonday of September, 1947, and caused Notice of filing of said pro— posed budget and of public hearing thereon tq be published in the manner required by Law, and a',,IE:REAS, the Commissioners of Public Utility District No. 1 of TFhatcom County, Washington, met at the time and place designated in said Notice and held the Public Hearing on said proposed budget as provided by Law, and 7JHLREAS after hearing all persons desiring to be heard in the matter and after full and careful consideration of the proposed budget and of all evidence presented in connection therewith, the Commissioners deemed it to be to the best interests of Public Utility District No. 1 of Thatcom County that the budget for the year January 1 to December 31, of 194A, be finally determined and adopted as set out below, nov+i, therefore, BE IT RESOLVED, that the Commissioners of Public Utility District Vito', 1 of �thatcom County do hereby adopt the budget as finally determined and fix the final amount of expenditures for the ensuing year in words and figures as set forth in the copy of said budget attached to the original copy of this Resolution, which budget is set forth in the Official Records of the Commission directly below the entrycf this Resolution. ADOPTED by the commissioners of Public Utility District No. 1 of '.hatcom County, this bth day of October, 1947, STATE OF ''ASHINGTON) ss. COUNTY OF 1.71-TATCOM ) THIS IS TO CERTIFY, that at the meeting of the Commissioners of Public Utility District No. 1 of 7.hatcom County, Washington, duly and regularly called pursuant to notice published in the manner re- quired by law, on October b, 1947, that Resolution No. 81, entitled "A RESOLUTION adopting Budget as Finally Determined", a copy of which is hereto attached and made by this reference a part hereof, was passed by the affirmative vote of each and all the,Commissioners present, and that said resolution has never been altered or amended and is now in full force and effect; that the copy of the budget entitled "Audget as Finally Determined by Public Utility District Fo. 1 of ",hatcom County" which is attached to said resolution and to this Certificate hereto is a true and correct cony of the budget as adopted by the affirmative vote of e,nch and all said Commissioners present at their meeting above referred to; that in accordance therewith, no money is required to be raised by taxes for the coming year, beginning January lst, 1948 and ending December 31st, 1948. (1) Dated this 6th day of actobery 1947. IIUSLIC UTILITY DISTRICT NO, 1 of t HATCOM COUNTY By Ul1?resident Secretary (2) BUDGET FOR PUBLIC UTILITY DISTRICT NO. 1 of Whatcom County, 7fashington, For the year January 1, 1948 to December 319 2.948. ANTICIPATED EXPENDITURES I. General adrainistrativ�_ expenses, including purchases of stationary and office supplies, „_1nting of vouchers and warrants, statutory compensation, traveling expenses a',.d other ex- penses actually and necessarily inci).rred by commissioners in per- formance of official duties, exclusive of special items listed below . . . . . . . . . . . . . . . . . . . . . . . . a . . . 6$19500.00 II. General engineering services exclusive of those required for acquisition or placing in operation; of private electric companies . . . . . . . . . . , . , . . .$17000.00 III. General legal services exclusive of legal services for the purpose of acquiring or placing into operation the properties of private electric companies doing business within O:hatcom County and/or utilities by condemnation or otherwise . . . . . . . . . . . . . . . . . .$1�500.00 IV. Dissemination of public information, in- cluding printing, publication and distribution of infor. mation or literature and expenses of T,ublic neetings . . . . .$ 500.00 V.,, Court costs and disbursements for suits other than condemnation proceedings, including printing of briefs and related items . . . . . . . A.M . . . . . . . . .$19000.00 VI. Expenditures _relating to construction of electric lines and facilities and to the acquisition of properties of private electric company or companies and/or other utilities doing business within 1"hatcom County through emminent domain proceedings or otherwise, including court costs and payments on account of en- gineering and legal services . . . . . . . . . . ■ . . . . . OS905-00000 Total anticipated expenditures . . . . . . . . $ 15,000,00 BALANCE ON HAND Anticipated balance on hand from unexpended portion of 1947 Budget . . . . . . . . . . . . . . . . . . . .$150000.00 Amount to be raises by taxation . . . . . . . . None ANTICIPATED RECEISTS Anticipated balance on hand from unexpended portion of 1947 Budget . 9 . 0 . 0 0 0 9 9 . 0 . . 0 0 . .$151000.00 OFFICIAL VOTING MAC City of Bellingham General Muni Whatcom County, Washington I 1 YES NO QUESTION. Shall the Fire Chief be appointed by the Mayor upon Confirmation by the Council, possess the Civil Service rank of not less than S411tor Captaizl at the time of such appointment, and hold office of Eire Chief until removed for cause by the Council after public hearing? Public Utility Dist, For Voting For Persons Not Bellingham Municipal 2 3 4 5 6 7 8 MAYOR Comp- Treasurer Attorney Councilman CO RNCILM N troller At Large Vote for One Vote for One Vote for One Vote for One Vote for One Vote for One 1-A W. D. "Bill" Ewing 9 1 COUNCILM2� THIRD WARE Vote for One 2-A 3-A 4-A 5-A I 6-A I 7-A 8-A I 9-A B. E. Hanning Harry A. Binzer J. E. McGinnis Hobart S. Dawson Charles F. Trunkey Pete S. G. Wallace Ward Walter W. S. Armstrong DIRECTIONS FOR VOTING ON VOTING MACHINES lc Sta Ro 1 st. Move RED HANDLE of the Curtain Lever to the right as far a 2nd. To vote for Candidates, -pull down the Pointers OVER the nami and LEAVE THEM DOWN. 3rd. To vote for persons not named on Ticket, Lift Slot Covers at T 4th. To vote for question shown on top line Turn Down the Pointer and leave it DOWN. 5th. After arranging your ticket, LEAVE 'THE E POINTERS DOWr is registered. I KILL12 3 SUTHiaL[N P.iMT NINE SAMPLE BALLOT icipal, School District No. 301 and Pict No. 1 Elections- SATURDAY, DECEMBER 2, 1939 i 'Nominated Election glcy Hers 11 12 COUNCILMAN FIFTH WARD Vote for One 11-A H. O. Nunamaker 12-A Russell E. Reid School District No. 3011 ELECTION 14 15 School Director District No. 301 Three -Year Term (Vote for Two) 14-A 15-A Frank E. Ted Frost Clarke Public Utility District No. 1 ELECTION 18 19 PUBLIC UTILITY COMMISSIONER First District ( Vote for One) 18-A 19-A A. J. Conrad E. F riese Barker s it will go and LEAVE IT THERE. -s of the Candidates you wish to vote for from this position�to this position op of machine above Positions and Write in Name. OVER. the "YES" or "NO" of the Question according to the way you wis h to vote, 14. Move the Red Handle of the Curtain Lever to the left as far as it will go, and your vote I" CO.. BX(LIxOxAY, WASH. an Mr. and Mrs. Royal Hansen, Of ,ig need Park, Washington, who have ep been vsiiting the past several weeks ;m sith Mr. J. F. Hansen, have taken .r- residence in Burlington. a- Mrs, Merlin Wilson entertained an Ithe Birthday club W e d n e s d a y. Guests enjoying her hospitality were he ' %ins. Bill Morse and daughter, Lor- na; Mrs. Kenneth Watkinson and :nt (iau;llLer, Kay; Mrs. J. C. Henry and he son, Jim; Mrs. Ted Bee, Mrs. Leon- ard Hoehn and Mrs. Maine Lons- dale. Mr. and Mrs. Frank Conn and children, 1--9'eda, Amy and Stanley, of Blaine, were Tuesday guests of Mr. and Mrs. Raymond Conn. Mr. and Mrs. Leonard Hoehn spent the week -end in Ellensburg with Mr. and Mrs. Elmer Staltz. Mr. and Mrs. Jack Hergert had as Sunday guests Mr. and Mrs, Alec Hergert and children, Alex Jr., Don- na, Dorothy, and Mr, and Mrs. Al ;t Pierson, all of Tacoma. NOTICE OF NON -PARTISAN PRIMARY ELECTION City of Bellingham, Washington Saturday, November 18, 1939 BELLFNGHAM—Fourth Ward 14 Mansfield Building, 827 State Street. 24 Mansfield Building, 827 State Street. 34 Maple Street Fire Station, Maple Street. 44 Maple Street Fire Station, Maple Street. 54 Maple Street Fire Station, Maple Street. 64 Wellman's Auto Camp, 1215 E. Maple Street. 74 Wellman's Auto Camp, 1215 E. Maple Street. 84 Wellman's Auto Camp, 1215 E. Maple Street. BELLINGHAM—Fifth Ward 15 Lowell School Building. 25 Lowell School Building. 35 Lowell School Building, 45 Lowell School Building, 55 Community Hall, 24th and Douglas Streets. 65 Community Hall, 24th and Douglas Streets. BELLINGAM—Sixth Ward 16 Larrabee School Building. 26 Larrabee School Building. 36 Larrabee School Building. 46 Larrabee School Building, The polls at such election will be open rom 8:00 o'clock- A. M. to 8:00 o'clock '. M., and all qualified electors who shall ie inside the polling place at 8:00 o'clock '. M. shall be allowed to cast their ballots. IN TESTIMONY WHEREOF, I have iereunto set my hand and official seal as luditor of said County this 23rd day of )ctober, 1939. 'Seal) PLINY T. SNYDER, lounty Auditor, Whatcom County, Wash- ington. NOTICE IS HEREBY GIVEN TO THE NOTICE QUALIFIED VOTERS OF THE CITY OF of BELLINGHAM: General Municipal Election In the City That a Primary, Election will be held in of Bellingham the City of Bellingham In each and every General School District Election Belling - ward and precinct thereof, on the 18th ham School District No. 301 day of November, 3939, for the purpose Public Utility District Election of nominating candidetvs for the office of TO SE HELD MAYOR, CITY COMPTROLLER, CITY Saturday, December 2, 1939 TREASURER, CITY ATTORNEY, COUN- CMMAN AT LARGE AND FOR THE OF- FICE OF COUNCILMAN IN EACH OF q THE FIRST, THIRD, AND FIFTH WARDS t RESPECTIVELY. The name of each person who has filed s: nomination Papers, his post office address of which nomination is sought; Is as C follows: f MAYOR W. D. "BILL" EWING, 923 E. North Street. q B. E. BANNING, 1604 I Street. a WILLIAM E. HEALY, 421 Forest Street: J. J. KENDIG, 212 Champion Street. q CITY COMPTROLLER HARRY A. BINZER, 901 16th Street, t CITY TREASURER b J. E. McGINNIS, 2924 Cornwall Avenue. .t CITY ATTORNEY t HOBART S. DAWSON, 501 14th Street. s COUNCILMAN AT LARGE R. H, EWING, 909 Maple Street. CHARLES F. TRUNKEY, 814 14th Street. PERCY WILLOUGHBY, 2229 Franklin St. COUNCILMAN FIRST WARD ED LINDEKE, 2729 Kulshan Street. PETE WALLACE, 3020 Northwest Avenue. S. G. WARD, 1800 Broadway Street. COUNCILMAN THIRD WARD WALTER W. S. AR,MSTRONP, 405 Mag- nolia Street. DONALD V. HAWLEv. 1241 Nevada Street. J. D. HAv7Etl, 1213 Indian Street. LED P. HE81`RT. 3851 Gladstone Street. STANLEY R GFRS. 1460 Grant Street. COUNLILMAN FIFTH ,WARD H. O. NUN_ AMAKER, 701 llth Street. RUSSELL E. XZal). 612 16th Street. FRANK L. WOODRUFF, 815 13th Street. NOTICE IS HEREBY FURTHER GIVEN that the following 'Places hav7e been desig- nated as the Polling places for the several Precincts in said respective wards in the City of Bellingham, for said election, to -wit: BELLINGHAM—First Ward Precinct Polling Place 11 Whatcom County Court House, G Street. 21 Whatcom County Court House, G Street. 31 Whatcom County Court House, G Street. " 41 Whatcom County Court House, G Street. 51 North Street Fire Station, North Street. 61 Columbia School Building, Utter and Jefferson Streets. 71 Columbia School Building Utter and Jefferson Streets. 81 Columbia School Building, Utter and Jefferson Streets. 91 Poplack'S Grocery, 2512 Eldridge Ave- nue. 101 Poplack's Grocery, 2512 Eldridge Ave- nue. 111 North Street Fire Station, North Street. 121 North Street Fire Station, North i Street. t 131 North Street Fire Station, North Street. i 141 Columbia School Building, Utter and Jefferson Streets. 151 Poplack's Grocery, 2512 Eldridge Ave- nue. 161 Hunt's Grocery. 3232 Meridian Street. P 171 Hunt's Grocery, 3232 Meridian Street. BELLINGHAM--Second Ward 12 Central Fire Station, Prospect Street. t 22 Central Fire Statton, Prospect Street. r 32 Central Fire Station. Prospect Street. 42 Whatcom High School Building, D Street. 52 Whatcom High Cchool Building, D Street. 62 Whatcom High School Building, D t Street, j 72 Brown & Cole's Store, State and James Streets. 82 Brown & Cole's Store, State and James Streets. r 92 Roosevelt School Building, Alabama _ Street. 102 Culver's Garage, Ellis and North !k Streets. jg 112 Culver's Garage, Ellis and North Streets. lC 122 Sunnyland School Building, James and Maryland Streets. 9t 132 Sunnylaarkd School Street Building, James and s. 142 Sunnyland School Building, James S- and Maryland Streets. Id 152 Roosevelt School Building, Alabama Street. 162 Roosevelt School Building, Alabama n, Street. Ig 172 Silver Beach School Building, Silver Beach. • 182 Culver's Garage, Ellis and North S tree Is. ty BELLINGHAM—Third Ward 13 W, lUace Chevrolet Garage, State an ay Magnolia Streets. 23 Wallace Chevrolet Garage, State and Magnolia Streets. 33 Wallace Chevrolet Garage, State an 2c- Magnolia Streets er- 43 Franklin School Building, Gran Street. 53 Lincoln School Building, James an .nd York Streets. ar- 63 Lincoln School Building, James an SCQ York Streets. 73 Franklin School Building, Gran Street. of 83 Lincoln School Building, James an York Streets. • 93 Lincoln School Building; James an York Streets. m_ 103 LaFreniere Filling Station, 3410 Lake Way Drive. 117g 113 LaFreniere Filling Station, 3410 La V. Lake 54 Maple street Fire Station, Maple Street. 64 Wellman's Auto Camp, 1215 E. Maple 74 Street. Wellman's Auto Camp, 1215 E. Maple 84 Street. Wellman's Auto Camp, 1215 E. Maple Street. BELLINGHAM—Fifth Ward 15 Lowell School Building. 25 Lowell School Building, 35 Lowell School Building. 45 Lowell School Building. 55 Community Hall, 24th and Douglat Streets. 65 Community Hall, 24th and Douglas Streets. BELLINGHAM—Sixth Ward 16 Larrabee School Building. 26 Larrabee School Building. 36 Larrabee School Building. 46 Larrabee School Building. NOTICE 19 HEREBY GIVEN to the usllfled voters of the City of Bellingham, hat on Saturday. December 2, 1939, a eneral municipal election will be held therein, for the purpose of electing a Mayer, Comptroller. Treasurer, Attorney, ouncilman-at-X,6rec, and a Counct)men or each of the wards numbered One. Three, and Five respectively, for the term two, yrxrs unless extended by Charter mendmvnt, Irani the prat Tuesday after tha first Monday in January, 1940, as re- uired by said Charter. NOTICE IS HEREBY FURTHER G1VL^N hat. a Proposed Charter amendment will e submitted to the qualified voters of he City of Bellingham. Washington, for heir adoption or refection, which prop6- Won will be submitted as follows: QUESTION: Shall the Fire Chief be appointed by the Mayor upon ean- firmatlon by the Council, P05se5S the Civil Service rank of not less than Senior Captain At the time of such appointment, and hold the office of Fire Chief until removed for cause by the Council after public hearing? NOTICE IS HEREBY GIVEN, that the regular school district election will be held in Bellingham School District No. 301 of Whatcom County, Washington, on Sat- urday, December 2, 1939, for the purpose of electing two (2) school directors of said district for a 3-year term, beginning on the first Monday of January, 1940. The Polling places at which said election will be held are all the Precincts of the City of Bellingham, as listed above, and the following: CRESCENT TOWNSHIP All that portion of Crescent Township, Ist - Precinct, within Bellingham School Dist, No. 301, Community Hall, Lake Samish All that portion of Crescent Township, 2nd Precinct, within Bellingham School Dist. No. 301, Chuckanut Shell- GENEVA'TOWNSHIP All that portion of Geneva Township with- in Bellingham School Dist. No. 301, E. B. Clark Cigar Factory MARIETTA TOWNSHIP All that Portion of Marietta Township within Precincts 2nd and 3rd, Bening - ham School Dist. No. 301. Birchwood School Building, Birchwood and Pinewood Ayes. VAN WYCK TOWNSHIP Precinct 1 All that Portion of Precinct 1 of Van WYek Township within Bellingham School Dist. No. 301, De Vlieger's Residence Precinct 3 All that portion of Precinct 3 of Van Wyck Township within Bellingham School Dist. No. 301, Baker Creek Service Station NOTICE IS HEREBY GIVEN; that on Saturday, December 2, 1939. at the regular k polling plaoc in each precinct in Whatcom County, Washington, an election will be held for the election of a Public Utility District Commissioner realding in Com- missioner District No, 1 of Public 'Utility District No. 1 of Whatcom County. The polling places for the Several pre- cincts within the county are el! Of the precinot5 In the City of Ballingham and gellinsharn School District No. 30:. listed above. and the following: BLAINE I ......... ............. lily ail BLAINE 2. .......................y Hall 'jj BLAINE 3...................... .Cty Ball YES ........ 11 NO ......... L hV SON ........................City lull PERNr%&L.S.„•.•,...Manner Bros: Garage NOTICE ffi HEREBY FURTHER GIVEN LYNDEN............ • ••. • • • .. • • - -Clty HIA tity Hall hat the several precincts in said respec- NOOKSACK........... • • • ••• •':;:QSty Hall live wards in the City of Bellingham the SUMAS....................... I places have been designated as Acme Township —Township }Tall. the polling places for said election, to -wit: Baker Township, 1s4 Precinct —Van Zandt BELLINGHAM—First Ward Gymnasium. Precinct Polling Place Baker Township, 2nd Preclaet-irlggs 11 Whatcom County Court House, G Service Station. Street. Columbia Township, Ist Preolact--Zendull 21 Whatcom County Court House, G school House - Columbia, Township, 2nd Precinct Colnm-. Street. - 31 Whatcom County Court House, G his School Building. Street. Crescent Township. Ist Prenlnct--real' 41 Whatcom County Court House, G munity Hall, Lake Samish. Street. Crescent Township, 2nd PreCiuct---Chue 51 North Street Fire Station, North Custer nut Shell. Ist Precinct —Odd Fel Street. 61 Columbia School Building. Utter and lows Hall. Jefferson Streets. Custer Township, 2nd PrecinctrHaynie 71 Columbia School Building, Utter and DeltaHall. Township, Ist and 2nd Precincts, Jefferson Streets. 81 Columbia School Building, Utter and Delta Community Hall. Jefferson Streets. Deming Township, 1st Precinct —Deming 91 Poplack's Grocery, 2512 Eldridge Ave- School House, nue. Deming Township, 2nd Precinct —Welcome 101 Poplack's Grocery, 2512 Eldridge Ave- Grange Hall. . nue. Ferndale Township, 1st Precinct —Wiser ill North Street Fire Station, North Lake Community Hall. ' Street. Ferndale Township, 2nd and 3rd Precincts 121 North Street Fire Station, North —Manner Bros. Garage. Street. Ferndale Township, 4th Precinct —North 131 North Street Fire Station, North Bellingham School House, Street. Geneva Township—E. B. Clark Cigar Fee- 141 Columbia School Building, Utter and. tors. Jefferson Streets. Glacier Township —Glacier Township Hall. 151 Paplack'S Grocery, 2512 Eldridge Ave- Lawrence Township, 1st Precinct —Goshen nue. Community Hall. 161 Huut's Grocery, 3232 Meridian. Street. Lawrence Township, 2nd Precinct—Town- 171 I3unt's Grocery, 3232 Meridian Street, ship Hall. BE Ward Lummi Island Township—Lummi School.. 12 Central Fire Station, Prospect Street, Lummi Reservation Township—Lumml Day 22 Central Fire Station, Prospect Street. School. 32 Central Fire Station. Prospect Street, Lynden Township, 1st Precinct --Township 42 Whatcom H16h School Bllilding, D Lynden Township, 2nd Precinct—Radder'c Street. 52 Whatcom High School Building, D ResidLvndenenTownship, 3rd Precinct —North - Street. 62 Whatcom High School Building, D wood School Gym. Street. Maple Falls Township —Maple Falls Town- 72 Brown & Cole's Store, State and ship Hall. James Streets. Marietta Township, Ist Precinct —Marietta 82 Brown & Cole's Store, State and GrangMarietta Township, 2nd and 3rd Precincts James Streets. 92 Roosevelt School Building, Alabama —Birchwood School. Street. Mountain View Township, Ist Precinct- 102 Culver's Garage, Ellis and North Grand View School Dist. 83. Streets. Mountain View Township, 2nd Precinct- 112 Culver's Garage, Ellis and North Pt. Whitehorn School House, Dist. 93. Streets. Mountain View Township. 3rd Precinct- 122 Sunnyland School Building James and Grange Hall, is Maryland Streets, Mountain View Township, 4th Precinct- 132 Sunnyland School Building, James and Grange hall. Maryland Streets. Nooldack Township, Ist Precinct—E. J. 142 Sunnyland School Building, James and Horn's residence. Maryland Streets. Nooksack Township, 2nd Precinct—Town- 152 Roosevelt School Building, Alabama ship Hall. Street. - Nooksack Township, 3rd Precinct—F. B. 162 Roosevelt School- Building, Alabama Metcalf residence. Street• Nooksack Township, 4th Precinct —Play 172 Silver Beach School_ Building, Silver Hall, Dist, No. 99. Beach. Park Township —Odd Fellows Hall. 182 Culver's Garage, Ellis and North Point Roberts Township —Point Roberts Streets. School House. BELLINGHAM—Third Ward Rome Township—TownshiP Hall. 13 Wallace Chevrolet Garage, State and Semlahm0o TownshiP--Sea Shore Inn. Magnolia Streets. Ten Mlle Township, lot Proolnct-Forest 23 Wallace Chevrolet Garage, State and Ten Grove Mile hoofTowHouse. Precinct—Town- Magnolia Streets. 33 Wallace Chevrolet Garage, State and Tenip�HeallTownship, 3rd Precinct —Victor Magnolia Streets. 43 Franklin School Building, Grant School House. d Street. Ten Mile Township, 4th Precinct—Har- 53 Lincoln School Building, James and Van ony School House. 1st Precinct—De- d York Streets. 63 Lincoln School Building, James and Vlieger's residence. d York Streets. Van Wyek Township, 2nd Preclnot—Van 73 Franklin School Building, Grant Van Wyck Co muTownity Hall. 3rd Precinct —Baker t Street, 83 Lincoln School Building, James and Creek Service Slate Precinct-- StatAon. em Hall. d York Streets. 93 Lincoln School Building, James and The palls at Such elections will be epea d York Streets. 103 LaFreniere Filling Station, 3410 Lake- from 8:00 o'clock A. M. to 8:00 e'cloek P- t way Drive. M., and all auo111led electors who shall be 113 LaFreniere Filling Station, 3410 Lake- inside of the pollling place at 8:00 o'clock d way Drive. P. M. shall be allowed to cast their ballots. BELLINGHAM—Fourth Ward IN TESTIMONY WHEREOF, I have tiere- d 14 Mansfield Building. 827 State Street. unto set my hand and official seal RE 24 Mansfield Building, 827 State Street. Auditor of said County this 26th day W - 34 Maple Street Fire Statton, Maple October, 1939 PUNY T: SNYDSR, Street. 44 Maple Street Fire Station, Maple County Auditor, Whatcom County, Wash. CERTIFICATE STATE OF WASHINGTON: SS COUNTY OF WHATCOMI THIS IS TO CERTIFY" that the following -described office of Public Utility District No. 1 of Whatcom, County is to be filled at the election to be held in said county on the first Saturday in December, 1939, pursuant to the provision of Chapter 1, Laws of Washington, 1981; office of Commissioner of Public Utility District No. 1 of Whatcom County, for commissioner district number one (1). Dated this 13th day of October, 1939. Commissioners of Public Utility District No. 1 of Whatcom County bye Secretary (This certificate is transmitted pursuant to authority vested in the secretary of the commission by virtue of this entry in the records thereof: "The motion was then made by Commissioner Lavender and adopted by the affirmative vote of each and all of the commissioners that the secretary of the commission transmit the fore- going certificate to the Election Board of Whatcom County".) i No. 9701 niteb btatez Circuit Court of Oppeaif; ffor the ,Qintb Circuit. f PUGET SOUND POWER & LIGHT COMPANY, a corporation, and OLD COLONY TRUST + _ COMPANY, a corporation, Appellants. vs. t` PUBLIC UTILITY DISTRICT NO. 1, of WHAT- COM COUNTY, a municipal corporation, 'r ' Appellee. R,So�1ltfOn o+F intCnf ��a+IC�f Q'?'r. of F�ublr[a'f'1e� ean„..i5 raw5crtpt of ""ecorb In Four Volumes VOLUME 'I Pages 1 to 483 i Upon Appeal from the District Court of th6 United i States for the Western District of Washington, .: Northern Division V PARKER PRINTING COMPANY. 545 SANSOME STREET. SAN FRANCISCO L _ 1 1 yS Vi 244 Puget Sound P. & L. Co. NOTICE OF PUBLIC UTILITY DISTRICT ELECTION That there shall also be submitted to the electors of Whatcom county, a proposition for the establish, ment of a Public Utility District in said County, as follows : "Shall a Public Utility District, to be known as Public Utility District No. 1, of Whatcom County, which shall be coextensive with the limits of Whatcom County, be established, un- der the provisions of Chapter 1, of the Laws of 1931, of the State of Washington?, Yes... ...... .... _............... ..... ............ ❑ EjNo ..---... M - _ _.......__ - That there shall also be elected three Public Utility District Commissioners, as follows: One from the first County Commissioner's district for a term of three years, one from the second county commissioner's district for a term of two years, and one from the third county commissioner's district for a term of one year. That the Polling Places for said Public Utility District Election shall be the same as for the Gen- eral Election. And Notice is also further given, that the polls for said General Election, Port Election and Public Utility District Election will be open at 8 o_'clock in the morning and will remain open until 8 o'clock in the evening of -Tuesday, November 3rd, 1936. [159] vs. Public Utility Dist. No.1 145 In testimony whereof, I have hereunto set my hand and official seal as Auditor of said County this 30th day of September, 1936. [Seal] C. C. BAUGHMAN County Auditor Whatcom County, Washington By Order of the Whatcom County Election Board Dated this 2nd day of. October, 1936 J. W. AUSTIN Chairman, Board of County Commissioners County Prosecuting Attorney C. C. BAUGHMAN County Auditor I hereby certify that the above is a true and cor- rect copy,of that part of the Notice of the General Election of November 3d, 1936 dealing with the Public Utility District Election. [Seal] PLINY T. SNYDER. County Auditor of Whatcom County, Washington [160] Certified Copy NOTICE OF GENERAL, PORT DISTRICT AND PUBLIC UTILITY DISTRICT ELECTIONS. Notice is hereby given; -that on --Tuesday, the 3d day of November A. D. 1936, in the County of What- 246 Puget Sound P. & L. Co. com, State of Washington, a General Election will be held for Federal, State, District, County and Precinct Officers, as follows: NOTICE OF PUBLIC UTILITY DISTRICT ELECTION That there shall also be submitted to the Electors of Whatcom County, a proposition for the establish- ment of a Public Utility District in said County as follows: "Shall a Public Utility District, to be Down as Public Utility District No. 1, of Whatcom County, which shall be coextensive with the limits of Whatcom County, be established un- der the provisions of Chapter 1, of the Laws of the State of Washington?" Yes......................... ............................ No......................................................... [] That there shall also be elected three Public Utility District Commissioners, as follows: One from the first County Commissioner's District for a term of three years; one from the second County Commissioner's District for a term of two years, and one from the third County Commissioner's District for a term of one year. T'hat the Polling Places for said Public Utility District Election shall be the same as for the Gen- eral Election, as set forth herewith. [161] vs. Public Utility Dist. No.1 247 And notice is also further given, that the Polls for said General Election, Port Election and Public Utility District Election will be open at 8 o'clock in the morning and will 'remain open until 8 o'clock in the evening of Tuesday, November 3, 1936. By Order of the Whatcom County Election Board. Dated this 2nd day of October, 1936. [Signed] J. W. AUSTIN Chairman -Board County Commissioners H. W. COVALT County Prosecuting Attorney C. C. BAUGHMAN County Auditor I hereby certify that the above is a true and cor- rect copy of that' part of the Notice of the General Election of November 3d, 1936 dealing with the Public Utility District Election. [Seal] PLINY T. SNYDER County Auditor of Whatcom County, Washington [162] AFFIDAVIT C. C. Baughman, being first duly sworn, on oath deposes and says; That he is now, and at all times herein men- tioned has been the duly elected, qualified and ac- ting Auditor of Whatcom County, Washington; that at all times during the period from September vs. Public Utility Dist. No.1 259 (Certified Copy) OFFICIAL CANVASS OF THE GENERAL, PORT AND PUBLIC UTILITY ELECTION HELD IN WHATCOM COUNTY, WASH- INGTON, ON TUESDAY. THE 3RD DAY OF NOVEMBER, 1936. CERTIFICATE OF CANVASSING BOARD State of Washington, County of Whatcom—ss. The undersigned, being the officers designated by the law as and constituting the Canvassing Board in and for the County of Whatcom, State of Wash- ington, hereby certify that the foregoing pages are a true and correct canv,, of., the votes, polled in the County of Whatcom, State of Washington, at the General, Port and Public Utility Election held in the several precincts of said County on the first Tuesday, being the 3rd day of November, 1936, as taken from the --official ---returns- and the absentee ballots. That said statement and returns contain the names of all the contestants and questions voted for at the said General, Port and Public Utility Elec- tion, and also contains tho"'titles of the offices sought and the number of votes received by each candidate and question. That the total number of registered voters in all the voting precincts of Whatcom County for said Election was (as reported) 30884, and that the total number of votes cast was 26,293. 260 Puget Sound P. & L. Co. Witness our hands this 13th day of November, 1936. WHATCOM COUNTY ELECTION BOARD By J. W. AUSTIN Chairman of Board of County Commissioners By._.._.._...W..... ...._.............................. _ _.... Prosecuting Attorney By C. C. BAUGHMAN County Auditor Office of the Auditor of Whatcom County, Washington, Bellingham, Washington. November 13, 1936 Pursuant to notice given by C. C. Baughman, County Auditor of Whatcom County, Washington, we, the undersigned, J. W. Austin, Chairman of the Board of County Commissioners of said county, now meet with C. C. Baughman, County Auditor of said County, at the County seat of said County on the 13th day, of November, A. D. 1936 for the pur- pose of convassing the votes cast in all of the voting precincts of said County [172] at the General, Port and Public Utility Election, which was held in said county on the 3rd day of November, 1936, the ab- sentee vote numbering eight hundred and ninety- eight (898) having heretofore, on November 9-10-11 and 12, 1936, been opened and added to the figures vs. Public Utility Dist. No.1 261 shown on the poll books of the several precincts. C. C. Baughman, County Auditor, now makes oath as follows: OATH OF AUDITOR State of Washington, County of Whatcom—ss. I, C. C. Baughman, County Auditor of Whatcom County, State of Washington, do solemnly swear that the returns purporting to be the election re- turns of the several precincts in this County have been in no wise altered by the additions or erasures, and that they are the same as when I received them, except that the votes of the absent voters have been added, So help me God. C. C. BAUGHMAN County Auditor of Whatcom County, Washington. Subscribed rand sworn to before me this 13th day of November 1936. J. W. AUSTIN Chairman of the Board of County Commissioners of Whatcom County, Washington. [173]' Immediately after the oath by the County Auditor, the said J. W. Austin, and C. C. Baughman, proceed as a canvassing board in and for said Whatcom County, to canvass the votes cast in all of the voting precincts in said County on said Tuesday, the 3rd day of November 1936. The result of said canvass 262 Puget Sound P. & L. Co. as found and determined by us is set forth herein and recorded upon folio pages. J. W. AUSTIN Chairman of the Board of County Commissioners Prosecuting Attorney C. C. BAUGHMAN County Auditor State of Washington, County of Whatcom—ss. I, Pliny T. Snyder, County Auditor and Recorder in and for Whatcom County, State of Washington, hereby certify that the foregoing and annexed is a true and correct copy of the certificates filed by the Whatcom County Election Board and the Canvass- ing Board in connection with the canvas of the official vote cast in the General, Port District and Public Utility District elections held on November 3d2 1936, and appearing on page # 13 of volume #3 —Record of Votes Cast, Records of Whatcom County. And I further certify that the following are the official votes cast for the Public Utility District in said election, and for the three Commissioners elected at said election, as they appear on page #12 volume #3 of said Record of Votes Cast. vs. Public Utility Dist. No.1 263 Public Utility District No. 1—For--8671 Votes. Public Utility District No. 1—Against 8189 Votes. Commissioner District #1— A. J. Friese................................................... 8633 Votes H. N. Lintz ..... :.......... ........ ....... ................. 7352 Votes Commissioner District #2— C. H. Park. ... .......... .............. _. ........ ....... 8291 Votes Gerrit Veleke............................................. 7295 Votes Commissioner District #3— L. H. Darwin ............................................. 7705 Votes Charles A. Pederson ........................... 9119 Votes Witness my hand and official seal this 11th day of July A.D., 1939. [Seal] PLINY T. SNYDER County Auditor in and for Whatcom County, State of Washington. [Endorsed : Pet. Ex. 1. Adm. July 25, 1939. [174]