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Home My WebLink About2009 - Whatcom County Rural Library District Levy For Rural Library District-Passed},ivy eve w+trjreVM " Ballot Measure Submitted Checklist == Attach to front of folder Ballot Measure Submitted FDI� Lt B Q19Q l �I'p •l� iOlii _�-t M 1} 1 N j F—N A 1\J C-e Date completed Initial Submitted by:�-�~ Contact Phone #: 9L4 -� �, j Q �-� 4,10 Email Address: le ,-k e+e r wo-1z Check signed by Commissioners j Check Document Calling for Elections is Signed by ! The Auditor or Deputy Auditor School Measures 1-1 Copy to Auditor and Elections Coordinator _ 1-7 _p^� Copy routed to Pros Atty (county & districts only) •-- (p--CQ++— Signed & Returned by Pros Atty (county & dist only) Copy to Office Coordinatior if Primary or General Reviewed by CDA and Auditor G _3a Copy sent to District Office after Ballot approval �/ °��"` 190c�� /f� d Publish Notice of Closing Registration (40 days prior to'�y�Se�d�fr�� election) Ballot Layout Prepared Publish Official Notice of Election in Newspaper (6 days prior to election) After Election Copy of Canvass Report sent to submitter of ballot issue ] - Obtain Receipt from Treasurer & Assessor of results If-s col issue, send copy of canvass report to Supt of Public struction {form SPI M-466) hPolicies & Procedures\Elections102_Pre-Election\02_Filing - Ballot Measures\FRM Ballot Measure CHECKLIST.doc Updated 06/15/09 ru m Ir r- rq o^ co E3 Certified Fee 0 C3 Return Receipt Fee 0 (Endorsement Re�ulred) 0 Residcled Delivery Fee r-9 (Endorsement Required) CEI 0 TM.1 Dne/ene B Caen S. � )' 61) 4 -0 Saw To --,-�............-------------- --•----- orP0 Box No. Sao l V Cl WC Wit}; stars, ,�>}+��•�jti�.l ►�Gr� I'►'�, 1� ��r� � • Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ■ Print your name and address on the reverse SO that we can return the card to you. N Attach this card to the hack of the mailpiece, or on the front if space permits. 1. Article Addressed to: �=C-ICT" i mid, A. Sig afore X B. Received by ( Name) C. Date of Delivery D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. &VIce Type ruffed Mail ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? pit Fee) ❑Yes 2. Article Number {Transfer from service lab 7 D 013 0 810 0000 8991 7932 PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-7540 FCERTI,FFIED tal ServiceTr:l MAIL,, RECEIPT Mail Only; No Insurance Coverage Provided) nfnrmation visit our website at www.usps.com tr nr cc Postage co Certified Fee 0 C3 Return Fisoelpt Fee C3 (Endorsement Required) 0 Restricted oallvery Fee (Endorsement Required) r-9 co C3 Total Postage & Fees -- • r , n ram �UI�ITc� oEM lA]H- sriee%Apt: � orPOBwrNo. 5�a5 1JD�� --•--------•^_. • Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: �Taom� &AL IIQ �� A , LOA 9gac ,6 p A. 5E �tu�1 X �Agent B. Received fly ( tinted Name) C. Date of Delivery D. Is deiivery address differe`rfrom item 1? 0 Yes If YES, enter dellvery address below: ❑ No 3. Service Type d1fied Mall ❑ Express Mail Registered ❑ Retum Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2- Artlde Number Marzfer fmmsaMbefabeq 7006 0810 0000 8991 7956 PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 i WHATCOM COUNTY AUDITOR'S OFFICE OFFICIAL CANVASS of the General and Special Election held Tuesday, November 3, 2009, in Whatcom County Rural Library District, Whatcom County, Washington, for the purpose of submitting to the qualified electors of the district a proposition to increase the property tax levy rate from $0.338 to $0.44 per $1,000 of assessed valuation to maintain its community libraries and library services. CERTIFICATION OF CANVASSING BOARD STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM THIS IS TO CERTIFY that we, as the Whatcom County Canvassing Board, have completed the canvass of votes as it pertains to the General and Special Election held in the precincts within the boundaries of Whatcom County Rural Library District, Whatcom County, Washington, on the 3rd day of November 2009 and the results are as follows: VV14ATCOM COUNTY RURRL LIBRARY DISTRICT WHATCOM COUNTY RURAL LBRARY DISTRICT PROPOSITION NO. t LEVY FOR LIBRARY OPERATIONS AND MAINTENANCE The Whatcom Caunly Rural Library District Board of Trustees adopted Resolution No. 06/16/09-08 concerning properly taxes for communitylibrades. Thisproposihon would enable the District to operate and mantain its community libraries and library services by Increasing its property tax levy rate from the current rate of $0.338 per $1,000 of assessed valuation to $0.44 per $1,000 of assessed valuation for collection in 2010, as Glowed by charter 84.55 RCW. Thereafter, such levy amount would t•e us•;d to compute [irritations for ,.uhseccjent years as allowed by chapter 84.55 RCW. Should this proposition be: APPROVED 40 y REJECTED 4= y ACTUAL RESULTS: APPROVED — 17,843 51.41 % REJECTED — 16,867 48.59% PROPOSITION PASSED The canvass has been completed this 24fh day of November 2009. WHATCOM COUNTY CANVASSING County Legislative orlty ounty Duty -Prosecuting Attorney ��+rrrlrt+tit BOARD 5- WHATCOM COUNTY RURAL LIBRARY DISTRICT PROPOSITION NO. 1 LEVY FOR LIBRARY OPERATIONS AND MAINTENANCE The Whatcom County Rural Library District Board of Trustees adopted Resolution No. 06/16/09-08 concerning property taxes for community libraries. This proposition would enable the District to operate and maintain its community libraries and library services by increasing its property tax levy rate from the current rate of $0.338 per $1,000 of assessed valuation to $0.44 per $1,000 of assessed valuation for collection in 2010, as allowed by chapter 84.55 RCW. Thereafter, such levy amount would be used to compute limitations for subsequent years as allowed by chapter 84.55 RCW. Should this proposition be: APPROVED?........................L I REJECTED? ........ ................ .[ I 1XLE ell 3 a (8/13/2009) Shirley Forslof - Fwd: RE: Whatcom Co. Library District Prop 1 Page 1 From: Royce Buckingham To: Shirley Forslof CC: deanna.gregory@klgates.com Date: 8/13/2009 10:29 AM Subject: Fwd: RE: Whatcom Co. Library District Prop 1 Attachments: The Whatcom County Rural LibraryDistrict Board of Trustees adopted Resoluti on No.doc Shirley, attached is an amended version of the Library District Prop 1. This comes from my work with the attorney for the library district. I approve of this version, and you may go ahead and process it. If you have any questions, please let me know. Thank you, Royce cc: Deanna Gregory, Attorney for the Library District >>> "Gregory, Deanna" <deanna.nregory@klgates.com> 8/13/2009 9:58 AM >>> Royce, Please see the proposed ballot language in the attached document. As you suggested, the reference to "restoring" the levy has been removed, and it incorporates other changes that you proposed. Please let me know if you have any other questions or comments. I will be available in the office today except for between 10:30 and 12:00 when I will be in meetings. Best regards, Deanna Deanna Gregory K&L Gates LLP 925 Fourth Avenue, Suite 2900 Seattle, Washington 98104-1158 direct 206.370.8128 mobile 206.349.0773 main 206.623.7580 fax 206.370.6300 email deanna.gregou(8 gates.com www.klgates.com To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed within. (8/13/2009) Shirley Forslof - Fwd: RE: Whatcom Co. Library District Prop 1 Page 2 1 -----Original Message ----- From: Royce Buckingham fmailto:RBuckinq@co.whatcom.wa.us Sent: Tuesday, August 11, 2009 3:53 PM To: Gregory, Deanna Subject: Whatcom Co. Library District Prop 1 Deanna, I have reviewed the proposed Ballot Title language in this case. It seems to imply that the a yes vote would "restore the regular rate of $.44." I think this is inaccurate, because $.44 is not, in fact, a "regular" rate, but simply a higher past rate that the Library district enjoyed. Attached are two revised draft versions. I would be happy to take comments on them before I make a recommendation to the auditor. The first attempts to retain the idea of reminding voters that the rate was previously higher. It is awkward to include this sort of thing and less neutral than I would like, but I would be willing to recommend it to the auditor with this language. I would need to know the year that the rate of $.44 rate would be "restored to." In other words: what year was it approximately that rate? The second version is more direct and does not contain a reminder of rates past. Please submit any thoughts on this as soon as possible, and I will consider them. I anticipate making a recommendation to the auditor tomorrow. Thank you, Royce Buckingham Civil Deputy Prosecutor for Whatcom County This electronic message contains information from the law firm of K&L Gates LLP. The contents may be privileged and confidential and are intended for the use of the intended addressee(s) only. If you are not an intended addressee, note that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this e-mail in error, please contact me at deanna.gregory@klgates.com. The Whatcom County Rural Library District Board of Trustees adopted Resolution No. 06/16/09-08 concerning property taxes for community libraries. This proposition would enable the District to operate and maintain its community libraries and library services by increasing its property tax levy rate from the current rate of $0.338 per $1,000 of assessed valuation to $0.44 per $1,000 of assessed valuation for collection in 2010, as allowed by chapter 84.55 RCW. Thereafter, such levy amount would be used to compute limitations for subsequent years as allowed by chapter 84.55 RCW. Should this proposition be: APPROVED? ........................ L I REJECTED? ......................... L I WHATCOM COUNTY SHIRLEY FORSLOF AUDITOR'S OFFICE COUNTY AUDITOR Whatcom County Courthouse u1c, DEBBIE ADELSTEIN 311 Grand Avenue, Suite 103 CHIEF DEPUTY Bellingham, WA98225-4038 Email: Auditor@co.whatcom.wa.us Phone: 360-676-6740 Internet: www.co.whatcom.wa.us/auditor FAX: 360-738-4556 MAILED VL4 CERTIFIED MAIL ONAugust 13, 2009 August 13, 2009 Mr. Kyle Teeter Administrative Services Manager 5205 Northwest Drive Bellingham WA 98226 RE: Revised Ballot Title: Proposition No. 1 Levy for Library Operations and Maintenance Dear Mr. Teeter: Enclosed is a true copy of the revised ballot title for Whatcom County Rural Library District, Proposition No. 1, Levy for Library Operations and Maintenance. Royce Buckingham, Whatcom County Civil Prosecuting Attorney reviewed the ballot title that he approved on June 13 and has revised the wording of the ballot title. The attached ballot title was approved by Royce Buckingham on August 13, 2009. This notice of the exact language of the ballot title is being provided as RCW 29A.36.080. Sincerely, Shirley Forslof Whatcom County Auditor Encl: 1 cc: Joan Airoldi, Director Licensing Recording Elections Administration/Internal Audit Licensing@comhatcornma.us Recording@comhatcom.wa.us Elections@comhatcornma.us 360-676-6744 360-676-6740 360-676-6740 360-676-6742 360-676-6740 ext50065 TTY 360-738-4555 WHATCOM COUNTY RURAL LIBRARY DISTRICT PROPOSITION NO. 1 LEVY FOR LIBRARY OPERATIONS AND MAINTENANCE The Whatcom County Rural Library District Board of Trustees adopted Resolution No. 06/16/09-08 concerning property taxes for community libraries. This proposition would enable the District to operate and maintain its community libraries and library services by increasing its property tax levy rate from the current rate of $0.338 per $1,000 of assessed valuation to $0.44 per $1,000 of assessed valuation for collection in 2010, as allowed by chapter 84.55 RCW. Thereafter, such levy amount would be used to compute limitations for subsequent years as allowed by chapter 84.55 RCW. Should this proposition be: APPROVED? ........................ [ I REJECTED? ......................... L I It wam WHATCOM COUNTY RURAL LIBRARY DISTRICT PROPOSITION NO. 1 LEVY FOR LIBRARY OPERATIONS AND MAINTENANCE To operate and maintain community library services, Whatcom County Rural Library District Board of Trustees adopted Resolution No. 06/16/09-08 concerning property taxes. This proposition would enable the District to operate and maintain its community libraries and library services by restoring the District's regular property tax levy rate of $0.44 per $1,000 of assessed valuation for collection in 2010, thus increasing the levy as allowed by chapter 84.55 RCW. Thereafter, such levy increase would be used to compute limitations for subsequent years as allowed by chapter 84.55 RCW. Should this proposition be: APPROVED? ..................................................[ REJECTED? ................................................... [ 4 1/3 LM -Tz Cqj 7/A 9 �TmT •;�' Whatcom County 3Q10; a�ai Auditor's Office I'D Whatcom County Auditor 311 Grand Avenue, Suite 1034SryPNGT°a Elections Division Bellingham, WA 98225-4186 360-676-6740 360-738-4556 FAX 360-738-4555 TTY auditor&o.w h atco nn.wa. u s whatcom.wa.us/auditor S 6/17/2009 �5,' TO: Prosecuting Attorney's Office / Royce Buckingham FROM: The Office of the Whatcom County Auditor: ELECTIONS SUBJ: Ballot Titles Please look over this Ballot Title for Whatcom County Rural Library District. Please sign -off and return to the Election Department after review. Thank You. I , 1. W�111 - Celeste 50063 I:\Policies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM Prosecuting Atty ballot title letter.doc RECEIVED JUN 1 7 2009 SHIRLEY FORSLOF WHATCOM COUNTY AUDMR RESOLUTION NO. 06/16/09-08 A RESOLUTION of the Whatcom County Rural Library District Board of Trustees providing for the submission to the qualified electors of the District at an election to be held on November 3, 2009, of a proposition authorizing the District to pay costs of operations and maintenance of its library system by increasing its regular property tax levy above the limit established in RCW 84.55.010. PASSED: June 16, 2009 PREPARED BY: K&L PRESTON GATES ELLIS Seattle, Washington RESOLUTION NO. 06/16/09-08 A RESOLUTION of the Whatcom County Rural Library District Board of Trustees providing for the submission to the qualified electors of the District at an election to be held on November 3, 2009, of a proposition authorizing the District to pay costs of operations and maintenance of its library system by increasing its regular property tax levy above the limit established in RCW 84.55.010. WHEREAS, the Whatcom County Rural Library District, Washington (the "District") currently provides library services within unincorporated Whatcom County and within the cities of Blaine, Ferndale, Everson, Nooksack, Lynden and Sumas, Washington; and WHEREAS, RCW 27.12.050 authorizes an annual tax levy of up to $0.50 per $1,000 to provide operating revenues for rural library districts; and WHEREAS, the regular property taxes imposed in support of the District at a uniform rate throughout the District for the years 1998 through 2002 equaled $0.50 per $1,000 of assessed value; and WHEREAS, the rate of taxes levied in support of the District have decreased each year since 2002 to the current rate of $0.338 per $1,000 of assessed value in 2009; and WHEREAS, the Board of Trustees of the District (the "Board") and District staff foresee increased demand for library services which cannot be adequately met with projected revenues for the years 2010 and thereafter, and WHEREAS, in the judgment of the Board it is essential and necessary to avoid further limitations in library services to District residents resulting from inadequate revenues, and the Board hereby finds a substantial need to restore the levy rate to maintain community library services at their current levels; and WHEREAS, RCW 84.55.050 authorizes the voters of a District to authorize an increase above the levy limitations established in RCW 84.55.010; and WHEREAS, the conditions here and above set forth require the holding of a special election in the District; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE WHATCOM COUNTY RURAL LIBRARY DISTRICT AS FOLLOWS: Section 1. Findings; Purpose and Description of Ballot Proposition. The Board hereby finds that it is in the best interests of District residents that it continue to operate its community library facilities and provide library services. In order to provide the revenue adequate to pay such costs, it is hereby found that the best interests of the residents of the District require the submission to the qualified electors of the District of a proposition whether the District shall levy regular property taxes above the limitations established in RCW 84.55.010 for approval or rejection at an election to be held on November 3, 2009. The Whatcom County Elections Division, as ex officio supervisor of elections in Whatcom County, Washington, is hereby requested to call and conduct such special election to be held within the District on such day and to submit to the qualified electors of the District for their approval or rejection, a proposition to restore the District's regular property tax levy by up to $0.102 cents per $1,000 of assessed valuation, thus increasing the levy to a total rate not to exceed $0.44 per $1,000 assessed valuation, for collection in 2010. Thereafter, such levy increase will be used to compute limitations for subsequent years as allowed by chapter 84.55 RCW. Upon approval of the majority of voters of the proposition hereinafter set forth, the District may use proceeds of such levy for the purposes identified in this Section 1. -2- PA20358_DG\20358 0JR 06/15/09 Section 2. Ballot Proposition. The Secretary of the Board, not less than 84 days prior to such election date, is hereby authorized and directed to certify the following proposition to the Whatcom County Elections Division, as ex officio supervisor of elections in Whatcom County, Washington, in the following form: WHATCOM COUNTY RURAL LIBRARY DISTRICT PROPOSITION NO. 06/16/09-08 LEVY FOR LIBRARY OPERATIONS AND MAINTENANCE To operate and maintain community library services, Whatcom County Rural Library District Board of Trustees adopted Resolution No.06/16/09-08 concerning property taxes. This proposition would enable the District to operate and maintain its community libraries and library services by restoring the District's regular property tax levy rate to $0.44 per $1,000 of assessed valuation for collection in 2010, thus increasing the levy as allowed by chapter 84.55 RCW. Thereafter, such levy increase would be used to compute limitations for subsequent years as allowed by chapter 84.55 RCW. Should this proposition be: APPROVED? ................... REJECTED? .................... ❑ Section 3. Severability. If a section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason by any court of competent jurisdiction; such decision shall not affect the validity of the remaining portions of this resolution. -3- P120358 DG\20358 0JR 06/15/09 Section 4. Publication and Effective Date. This resolution shall be in full force and effective from and after its adoption and approval. ADOPTED by the Board of Trustees of the Whatcom County Rural Library District at a meeting thereof, this 16th day of June, 2009. WHATCOM COUNTY RURAL LIBRARY DISTRICT Chaff erson, Board of Trustees -4- PA20358 DG120358 0JR 06/15/09 CERTIFICATE I, the undersigned, Secretary of the Board of Trustees (the "Board") of the Whatcom County Rural Library District, Washington (the "District"), and keeper of the records of the Board, DO HEREBY CERTIFY: 1. That the attached Resolution is a true and correct copy of Resolution No. 06/16/09-08 of the Board (the "Resolution"), duly passed at a regular meeting thereof held on the 16th day of June, 2009. 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Board voted in the proper manner for the adoption of said Resolution; that all other requirements and proceedings incident to the proper adoption of said Resolution have been duly fulfilled, carried out and otherwise observed; and that I am authorized to execute this certificate. Dated this 16th day of June, 2009. S retary, Board of Tru I es PA20358 DG\20358 0JR 06/15/09 WHATCOM COUNTY RURAL LIBRARY DISTRICT OFFICIAL BALLO LEVY FOR LIBRARY OPERATION AND MAINTENANCE November 3, 2009 INSTRUCTION TO VOTERS: To vote in favor of the following proposition, place a cross (X) in the square opposite the word "APPROVED?"; to vote against the following proposition, place a cross (X) in the square opposite the word "REJECTED?." WHATCOM COUNTY RURAL LIBRARY DISTRICT PROPOSITION NO. 06/16/09-08 LEVY FOR LIBRARY OPERATIONS AND MAINTENANCE To operate and maintain community library services, Whatcom County Rural Library District Board of Trustees adopted Resolution No.06/16/09-08 concerning property taxes. This proposition would enable the District to operate and maintain its community libraries and library services by restoring the District's regular property tax levy rate to $0.44 per $1,000 of assessed valuation for collection in 2010, thus increasing the levy as allowed by chapter 84.55 RCW. Thereafter, such levy increase would be used to compute limitations for subsequent years as allowed by chapter 84.55 RCW. Should this proposition be: APPROVED? ................... 0 REJECTED? .................... PA20358 DG\20358 0JR O6/15/09 NOTICE OF SPECIAL ELECTION WHATCOM COUNTY RURAL LIBRARY DISTRICT LEVY FOR LIBRARY OPERATION AND MAINTENANCE November 3, 2009 NOTICE IS HEREBY GIVEN that on Tuesday, November 3, 2009, a special election will be held in the above -named District for the submission to the qualified electors of said District of the following proposition: WHATCOM COUNTY RURAL LIBRARY DISTRICT PROPOSITION NO. 06/16/09-08 LEVY FOR LIBRARY OPERATIONS AND MAINTENANCE To operate and maintain community library services, Whatcom County Rural Library District Board of Trustees adopted Resolution No.06/16/09-08 concerning property taxes. This proposition would enable the District to operate and maintain its community libraries and library services by restoring the District's regular property tax levy rate to $0.44 per $1,000 of assessed valuation for collection in 2010, thus increasing the levy as allowed by chapter 84.55 RCW. Thereafter, such levy increase would be used to compute limitations for subsequent years as allowed by chapter 84.55 RCW. Should this proposition be: APPROVED? ................... REJECTED? .................... Director Whatcom County Elections Division PA20358 DG\20356 0JR O6115/09 whatcom county library system r_ Blaine e® Bookmobile W June 17, 2009 Deming ® Everson 4-0 Ferndale To Whom It May Concern: V re Island Lynden Enclosed are two copies of the Whatcom County Rural Library %A Maple Falls District's Resolution No. 06/16/09-08 providing for the Point Roberts submission to the qualified electors of the District at an election to be held on November 3, 2009, of a proposition authorizing the Sumas District to pay costs of operations and maintenance of its library wcls.org system by increasing its regular property tax levy above the limit established in RCW 84.55.010. To insure that possible revisions can be reviewed and approved by the District's Board of Trustees, please communicate any necessary changes identified in the review process to Joan Airoldi, Director, prior to July 21, 2009, the District's final scheduled Board Meeting prior to the filing deadline. She can be reached by phone at (360) 384-3150. Also, please return one of the enclosed copies of the resolution complete with the signature of the Director of the Whatcom County Elections Division to the Whatcom County Rural Library District for our records. The completed resolution can be mailed to our Administrative and Processing Center at 5205 Northwest Drive, Bellingham, WA 98226. Please contact us if there are any questions. Sincerely, _ _ Kyle Teeter Administrative Services Manager Enclosures 5205 Northwest Drive Bellingham, Washington 98226 (360)384-3150 1 (360)384-4947 fax I wds.org 0 WCLS Levy Lid Lift - Draft documents Page 1 of 1 Shirley Forslof - FW: WCLS Levy Lid Lift - Draft documents From: "Joan Airoldi" <joan.airoldi(awcls.org> To: <sforslofgco.whatcom.wa.us> Date: 6/29/2009 4:54 PM Subject: FW: WCLS Levy Lid Lift - Draft documents Shirley, Thanks for your call —here is Deanna's contact information: -Multi Year Levy Lid Lift.doc>> Deanna Gregory K&L Preston Gates Ellis LLP 925 Fourth Avenue, Suite 2900 Seattle, Washington 98104-1158 direct 2o6.370.8128 mobile 2o6.349.0773 fax 2o6.370.6300 main 2o6.623.758o deanna.gregory@klgates.com To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed within. This electronic message contains information from the law firm of K&L Gates LLP. The contents may be privileged and confidential and are intended for the use of the intended addressees) only. If you are not an intended addressee, note that any disclosure, copying, distribution. or use of the contents of this message is prohibited. If you have received this e-mail in error, please contact me at deanna.gregory@klgates.com. 19d60` 1,a C Q r /" a &_ L, D C- 4/ G47-/5ao— file://CADocuments and Settings\Administrator\Local Settings\Temp\XPgrpwise\4A48F1... 6/29/2009 (815/2009) voterspamphlet - Whatcom County Library Resolution Page 1 From: "Joan Airoldi" <joan.airoldi@wcls.org> To: "Gregory, Deanna" <deanna.gregory@klgates.com>, <voterspamphlet@co.whatc... Date: 8/5/2009 4:12 PM Subject: Whatcom County Library Resolution Attachments: 06 16 09 08.doc The only change is the number that was assigned by the County Auditor, Proposition 1. The 06/16/09 08 number was simply our own library internal numbering so please ignore. Thanks! Joan From: Gregory, Deanna [mailto:deanna.gregory@klgates.com] Sent: Thursday, July 30, 2009 3:11 PM To: Joan Airoldi Subject: RE: Draft Resolution for Review Could you send to me the final electronic version of the resolution that was adopted? I want to make sure that our system here has the correct version. Thanks, Deanna From: Joan Airoldi [mailto:joan.airoldi@wcls.org] Sent: Wednesday, June 17, 2009 7:19 AM To: Gregory, Deanna Subject: RE: Draft Resolution for Review The library board passed the resolution yesterday. Thank you for your careful work on this; and special thanks for being available on short notice and with good cheer and guidance. Joan From: Gregory, Deanna [mailto:deanna.gregory@klgates.com] Sent: Friday, June 12, 2009 2:59 PM To: Joan Airoldi Subject: RE: Draft Resolution for Review Yes, that change would be appropriate. (8/5/2009) voterspamphlet - Whatcom County Library Resolution Page 2 The reason for the "special" designation is because it is "special" to the District (e.g. the District does not conduct regular elections for levy lid lifts) and, probably more importantly, that is what the Washington Statutes call it. Thanks, Deanna From: Joan Airoldi [mailto:joan.airoldi@wcls.org] Sent: Friday, June 12, 2009 2:37 PM To: Gregory, Deanna Subject: RE: Draft Resolution for Review Another catch perhaps —the fourth whereas —should it say the "rate of taxes levied have decreased since actual tax dollars have not decreased? And one more question just out of curiosity; why is the election titled "special"? We've been burned by that in the paper by someone accusing us of holding a special election of course at tons of dollars cost to taxpayers so I just want to be as bulletproof as possible and be able to answer when asked. Hope I can soon end these questions! Learning, Joan From: Gregory, Deanna[mailto:deanna.gregory@klgates.com] Sent: Friday, June 12, 2009 2:17 PM To: Joan Airoldi Subject: RE: Draft Resolution for Review I would go back to the language that we had - it follows the statute regarding the format of the ballot. From: Joan Airoldi [mailto:joan.airoldi@wcls.org] Sent: Friday, June 12, 2009 2:10 PM To: Gregory, Deanna Subject: RE: Draft Resolution for Review WHATCOM COUNTY RURAL LIBRARY DISTRICT (8/5/2009) voterspamphlet - Whatcom County Library Resolution Page 3 PROPOSITION NO. LEVY FOR LIBRARY OPERATIONS AND MAINTENANCE Whatcom County Rural Library District Resolution No. would enable the District to operate and maintain community library services by restoring the District's regular property tax levy rate to $0.44 per $1,000 of assessed valuation for collection in 2010, as allowed by chapter 84.55 RCW. Thereafter, this levy increase would be used to compute property tax rate limitations for subsequent years as required by chapter 84.55 RCW. Should this proposition be: APPROVED? .............. REJECTED?............ The library person sent this as an alternate —what do you think? Also, the question about the board looking like it is recommending the tax increase —but it makes sense that to go forward with this proposition, you are recommending an increase. From: Gregory, Deanna[mailto:dean na.gregory@klgates.com] Sent: Friday, June 12, 2009 1:18 PM To: Joan Airoldi Subject: RE: Draft Resolution for Review Yes, the typo should be fixed to reflect "Board." Sorry about that! I have a little pause in using the word "restore" at all, but I understand your intent. It truly is an increase from the current levy rate. (8/5/2009)voterspamphlet - Whatcom County Library Resolution Page I'm a little confused about your last question. Yes, the Board can approve the resolution asking voters to consider the ballot and give its reasons (e.g. the money is needed to continue operations). Members of the Board, and employees, of the District are still prohibited from using the agency or facilities to promote or oppose the ballot proposition. Please give me a call if you would like to discuss any of these issues further. I will be in the office all day. Thank you, Deanna From: Joan Airoldi [mailto:joan.airoldi@wc[s.org] Sent: Friday, June 12, 2009 1:00 PM To: Gregory, Deanna Subject: RE: Draft Resolution for Review Questions from my proofreader -- There appears to be one typo: In the Certificate, this phrase appears: "legal quorum was present throughout the meeting and a legally sufficient number of members of the Council voted..." Shouldn't this say Board instead of Council? Ah, the perils of cut and paste. am also mildly concerned about using the term "restore" when it is only a partial restoration. However, I understand the intention, since this doesn't increase the tax above what it has historically been. And finally, I assume the Board is in the position to recommend that the tax be raised? I'm a little fuzzy on the details, but as volunteers, they aren't under that same restrictions as we are in relation to the ballot issue, is that right? Thanks for your help! Joan (8/5/2009) voterspamphlet - Whatcom County Library Resolution Page 5 From: Jeanne Magmer [mailto:jeannemagmer@comcast.net] Sent: Friday, June 12, 2009 12:51 PM To: Joan Airoldi Subject: RE: Draft Resolution for Review Actually, I like the shorter version I just sent you better than what we had before. It is briefer and eliminates some words you really don't need. Jeanne Magmer, APR C&M Communications 503-652-6440 or 503-312-8871 FAX: 503-652-6442 jeanne@cmcommunications.org "The best public policy is made when you are listening to people who are going to be impacted. Then, once policy is determined, you call on them to help you sell it." — Elizabeth Dole From: Joan Airoldi [mailto:joan.airoldi@wcls.org] Sent: Friday, June 12, 2009 12:17 PM To: Jeanne Magmer Subject: RE: Draft Resolution for Review False alarm-1 just learned from the attorney that only that paragraph has the 75 word limit so we're fine! Pffshewww! Joan From: Jeanne Magmer [mailto:jeannemagmer@comcast.net] Sent: Friday, June 12, 2009 12:15 PM To: Joan Airoldi Subject: RE: Draft Resolution for Review 1 (8/5/2009) voterspamphlet - Whatcom County Library Resolution Page 6 I Joan — Just got your e-mail and will send you my edits to get the word count to 75. 1 have some Washington examples, so will follow them for wording requirements and get back to you shortly. Jeanne Magmer, APR C&M Communications 503-652-6440 or 503-312-8871 FAX: 503-652-6442 jeanne@cmcommunications.org "The best public policy is made when you are listening to people who are going to be impacted. Then, once policy is determined, you call on them to help you sell it." — Elizabeth Dole From: Joan Airoldi [mailto:joan.airoldi@wcls.org] Sent: Friday, June 12, 2009 11:22 AM To: Jeanne Magmer Cc: Gay Campbell Subject: RE: Draft Resolution for Review Thanks Jeanne; it's good to meet someone who considers the tracking system annoying -it is. The word limit is actually 75, so this still needs cutting. Are you working this afternoon? From: Jeanne Magmer [mailto:jeannemagmer@comcast.net] Sent: Thursday, June 11, 2009 1:54 PM To: Joan Airoldi Cc: gay@cmcommunications.org Subject: RE: Draft Resolution for Review Importance: High Joan — Have reviewed the resolution and ballot language and made some changes that get the right wording in more prominent places on the ballot and in the resolution. The number of words in the ballot language paragraph is now 93 rather than 92. I'm making an assumption that 100 words is likely the limit and one more word will be okay. I have highlighted all of the changes I made in yellow rather than turning on Word's annoying tracking system. Hope this helps. Let me know if I can be of further assistance. (8/5/2009) voterspamphlet - Whatcom County Library Resolution Page 7 Jeanne Magmer, APR C&M Communications 503-652-6440 or 503-312-8871 FAX: 503-652-6442 jeanne@cmcommunications.org "The best public policy is made when you are listening to people who are going to be impacted. Then, once policy is determined, you call on them to help you sell it." — Elizabeth Dole From: Joan Airoldi [mailto:joan.airoldi@wcls.org] Sent: Thursday, June 11, 2009 9:26 AM To: Gay Campbell; Jeanne Magmer Subject: Draft Resolution for Review Thanks! We tried to use "restore" and "maintain" whenever possible. <<Resolution draft 2 0609.doc>> joan airoldi, director whatcom county library system <http://www.wcls.org/> 5205 northwest drive • bellingham, wa 98226 p (360) 384-3150, ext 201 9 f (360) 384-4947 www.wcls.org <http://www.wcls.org/> the best place to begin To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed within. This electronic message contains information from the law firm of K & L Gates LLP. The contents may be privileged and confidential and are intended for the use of the intended addressee(s) only. If you are not an intended addressee, note that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this e-mail in error, please contact me at deanna.gregory@klgates.com. WHATCOM COUNTY AUDITOR'S OFFICE ` Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Email: Auditor@co.whatcom.wa.us Internet: www.co.whatcom.wa.us/auditor MAILED VIA CERTIFIED MAIL ONJune, 30, 2009 June 30, 2009 Mr. Kyle Teeter Administrative Services Manager 5205 Northwest Drive Bellingham WA 98226 SHIRLEY FORSLOF COUNTY AUDITOR DEBBIE ADELSTEIN CHIEF DEPUTY Phone: 360-676-6740 FAX: 360-738-4556 RE: Ballot Title: Proposition No. 1 Levy for Library Operations and Maintenance Dear Mr. Teeter: Enclosed is a true copy of the ballot title for Whatcom County Rural Library District, Proposition No. 1, Levy for Library Operations and Maintenance. The ballot title has been approved by Royce Buckingham, Civil Prosecuting Attorney with the minor change of approving the ballot proposition number to Proposition No. 1. This notice of the exact language of the ballot title is being provided as RCW 29A.36.080. Sincerely, Shirley Forslof Whatcom County Auditor Encl: 1 cc: Joan Airoldi, Director Licensing Recording Elections Administration/Internal Audit Licensing@co.whatcomma.us Recording@co.whatcom.wa.us Elections@comhatcom.wa.us 360-676-6744 360-676-6740 360-676-6740 360-676-6742 360-676-6740 ext50065 "I 360-738-4555 WHATCOM COUNTY RURAL LIBRARY DISTRICT PROPOSITION NO. 1 LEVY FOR LIBRARY OPERATIONS AND MAINTENANCE To operate and maintain community library services, Whatcom County Rural Library District Board of Trustees adopted Resolution No. 06/16/09-08 concerning property taxes. This proposition would enable the District to operate and maintain its community libraries and library services by restoring the District's regular property tax levy rate of $0.44 per $1,000 of assessed valuation for collection in 2010, thus increasing the levy as allowed by chapter 84.55 RCW. Thereafter, such levy increase would be used to compute limitations for subsequent years as allowed by chapter 84.55 RCW. Should this proposition be: APPROVED? ..................................................[ REJECTED? ................................................... [ RECEIVED JUN 1 7 2009 SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR RESOLUTION NO.06/16/09-08 A RESOLUTION of the Whatcom County Rural Library District Board of Trustees providing for the submission to the qualified electors of the District at an election to be held on November 3, 2009, of a proposition authorizing the District to pay costs of operations and maintenance of its library system by increasing its regular property tax levy above the limit established in RCW 84.55.010. PASSED: June 16, 2009 PREPARED BY: K&L PRESTON GATES ELLIS Seattle, Washington RESOLUTION NO. 06/16/09-08 A RESOLUTION of the Whatcom County Rural Library District Board of Trustees providing for the submission to the qualified electors of the District at an election to be held on November 3, 2009, of a proposition authorizing the District to pay costs of operations and maintenance of its library system by increasing its regular property tax levy above the limit established in RCW 84.55.010. WHEREAS, the Whatcom County Rural Library District, Washington (the "District") currently provides library services within unincorporated Whatcom County and within the cities of Blaine, Ferndale, Everson, Nooksack, Lynden and Sumas, Washington; and WHEREAS, RCW 27.12.050 authorizes an annual tax levy of up to $0.50 per $1,000 to provide operating revenues for rural library districts; and WHEREAS, the regular property taxes imposed in support of the District at a uniform rate throughout the District for the years 1998 through 2002 equaled $0.50 per $1,000 of assessed value; and WHEREAS, the rate of taxes levied in support of the District have decreased each year since 2002 to the current rate of $0.338 per $1,000 of assessed value in 2009; and WHEREAS, the Board of Trustees of the District (the "Board") and District staff foresee increased demand for library services which cannot be adequately met with projected revenues for the years 2010 and thereafter, and WHEREAS, in the judgment of the Board it is essential and necessary to avoid further limitations in library services to District residents resulting from inadequate revenues, and the Board hereby finds a substantial need to restore the levy rate to maintain community library services at their current levels; and WHEREAS, RCW 84.55.050 authorizes the voters of a District to authorize an increase above the levy limitations established in RCW 84.55.010; and WHEREAS, the conditions here and above set forth require the holding of a special election in the District; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE WHATCOM COUNTY RURAL LIBRARY DISTRICT AS FOLLOWS: Section 1. Findings. Purpose and Description of Ballot Proposition. The Board hereby finds that it is in the best interests of District residents that it continue to operate its community library facilities and provide library services. In order to provide the revenue adequate to pay such costs, it is hereby found that the best interests of the residents of the District require the submission to the qualified electors of the District of a proposition whether the District shall levy regular property taxes above the limitations established in RCW 84.55.010 for approval or rejection at an election to be held on November 3, 2009. The Whatcom County Elections Division, as ex officio supervisor of elections in Whatcom County, Washington, is hereby requested to call and conduct such special election to be held within the District on such day and to submit to the qualified electors of the District for their approval or rejection, a proposition to restore the District's regular property tax levy by up to $0.102 cents per $1,000 of assessed valuation, thus increasing the levy to a total rate not to exceed $0.44 per $1,000 assessed valuation, for collection in 2010. Thereafter, such levy increase will be used to compute limitations for subsequent years as allowed by chapter 84.55 RCW. Upon approval of the majority of voters of the proposition hereinafter set forth, the District may use proceeds of such levy for the purposes identified in this Section 1. -2- PA20358 DG\20358 0JR 06/15109 Section 2. Ballot Proposition. The Secretary of the Board, not less than 84 days prior to such election date, is hereby authorized and directed to certify the following proposition to the Whatcom County Elections Division, as ex officio supervisor of elections in Whatcom County, Washington, in the following form: WHATCOM COUNTY RURAL LIBRARY DISTRICT PROPOSITION NO. 06/16/09-08 LEVY FOR LIBRARY OPERATIONS AND MAINTENANCE To operate and maintain community library services, Whatcom County Rural Library District Board of Trustees adopted Resolution No.06/16/09-08 concerning property taxes. This proposition would enable the District to operate and maintain its community libraries and library services by restoring the District's regular property tax levy rate to $0.44 per $1,000 of assessed valuation for collection in 2010, thus increasing the levy as allowed by chapter 84.55 RCW. Thereafter, such levy increase would be used to compute limitations for subsequent years as allowed by chapter 84.55 RCW. Should this proposition be: APPROVED? ................... f REJECTED? .................... ❑ Section 3. Severability. If a section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason by any court of competent jurisdiction; such decision shall not affect the validity of the remaining portions of this resolution. -3- PA20356 DG\20356 0JR O6/15/09 Section 4. Publication and Effective Date. This resolution shall be in full force and effective from and after its adoption and approval. ADOPTED by the Board of Trustees of the Whatcom County Rural Library District at a meeting thereof, this 16th day of June, 2009. WHATCOM COUNTY RURAL LIBRARY DISTRICT )2�i� & &-�/ - Chaff erson, Board of Trustees 4- PA20358 DG\20358 0JR O6/15109 CERTIFICATE I, the undersigned, Secretary of the Board of Trustees (the "Board") of the Whatcom County Rural Library District, Washington (the "District"), and keeper of the records of the Board, DO HEREBY CERTIFY: 1. That the attached Resolution is a true and correct copy of Resolution No. 06/16/09-08 of the Board (the "Resolution"), duly passed at a regular meeting thereof held on the 16th day of June, 2009. 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Board voted in the proper manner for the adoption of said Resolution; that all other requirements and proceedings incident to the proper adoption of said Resolution have been duly fulfilled, carried out and otherwise observed; and that I am authorized to execute this certificate. Dated this 16th day of June, 2009. S retary, Board of Tru I es P:\20358-DG\20358_OJR 06/15/09 WHATCOM COUNTY RURAL LIBRARY DISTRICT OFFICIAL BALLOT LEVY FOR LIBRARY OPERATION AND MAINTENANCE November 3, 2009 INSTRUCTION TO VOTERS: To vote in favor of the following proposition, place a cross (X) in the square opposite the word "APPROVED?"; to vote against the following proposition, place a cross (X) in the square opposite the word "REJECTED?." WHATCOM COUNTY RURAL LIBRARY DISTRICT PROPOSITION NO. 06/16/09-08 LEVY FOR LIBRARY OPERATIONS AND MAINTENANCE To operate and maintain community library services, Whatcom County Rural Library District Board of Trustees adopted Resolution No.06/16/09-08 concerning property taxes. This proposition would enable the District to operate and maintain its community libraries and library services by restoring the District's regular property tax levy rate to $0.44 per $1,000 of assessed valuation for collection in 2010, thus increasing the levy as allowed by chapter 84.55 RCW. Thereafter, such levy increase would be used to compute limitations for subsequent years as allowed by chapter 84.55 RCW. Should this proposition be: APPROVED? ................... 0 REJECTED? .................... 0 PA20358 DG\20358 OJR 06/15/09