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HomeMy WebLinkAbout1990 - Bellingham School District No. 501 General Obligation Bonds $19,900,000 May 22,1990-Passed 64.1%WHATCOM COUNTY AUDITOR'S OFFICE OFFICIAL CANVASS OF THE SPECIAL ELECTION HELD MAY 22, 1990 IN BELLINGHAM SCHOOL DISTRICT NO. 501, WHATCOM COUNTY, WASHINGTON FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE DISTRICT THE PROPOSITION TO ISSUE $19,900,000 GENERAL OBLIGATION BONDS TO CONSTRUCT AND EQUIP A NEW MIDDLE SCHOOL, ACQUIRE SITES, EQUIPMENT AND PORTABLE CLASSROOMS AND OTHER NECESSARY CAPITAL IMPROVEMENTS TO DISTRICT FACILITIES OF THE SCHOOL DISTRICT. OATH OF AUDITOR STATE OF WASHINGTON ) ss. COUNTY OF WHATCOM ) I do solemnly swear that the returns purporting to be the election returns of Bellingham School District No. 501, Whatcom County, Washington held on the 22nd day of May, 1990, have not been altered by additions or erasures, and that they are the same as when they were deposited in my office Whatcom Co my Auditor f 1 Subscribed and sworn to before me this 1st day of June, 1990 °e rr County eeislar Au1 h ilty't' t CERTIFICATE OF CANVASSING BOARD STATE OF WASHINGTON ) ss. COUNTY OF WHATCOM ) THIS IS TO CERTIFY THAT WE, as the Whatcom County Canvassing Committee have completed our canvass of votes as it pertains to the Special Election held within the various precincts within the boundaries of the Bellingham School District No. 501, Whatcom County, Washington on the 22nd day of May, 1990 and the results were as follows: Propositlon No.1 General Obligation Bonds — $19,900,000 Number Persons Voting Last For constructing and equipping a new middle General Election: 16,553 school, improving Fairhaven Middle School, acquiring sites, technology equipment and 4 0 % Turnout 6,621 portable classrooms, improving Geneva and Silver Beach Elementary Schools, and 6 0 % Yes Vote 3,973 planning and making other necessary capital improvements to District facilities, shall BONDS, Bellingham School District #501 issue $19,900,000 of general obligation bonds YES 9 VOTES — BONDS, YES 7 , 919 payable out of annual property tax levies in excess of regular tax levies, maturing within VOTES — BONDS, NO 4,441 a maximum term of 15 years, as provided in BONDS, District Resolution#2-90? NO 114 BONDS PASSED: 64.17o The canvass having been completed this 1st day of June, 1990. '. eol�3TY sT AT[ OF 4s'l WHATCOM COUNTY CANVASSING BOARD ZVI x� Whatcom ounty Auditor .y' to r s County L• is a ve Authority r C unty Deputy Prosecuting Attorney I Absentee Voter Guide spedal EJection May 22,1990 Whatcom County, Washington BELLINGHAM SCHOOL DISTRICT NO.501 Proposition No.1 General Obligation Bonds — $19,900,000 For constructing and equipping a new middle school, improving Fairhaven Middle School, acquiring sites, technology equipment and portable classrooms, improving Geneva and Silver Beach Elementary Schools, and planning and making other necessary capital improvements to District facilities, shall BONDS, Bellingham School District #501 issue YES 94 $19,900,000 of general obligation bonds payable out of annual property tax levies in excess of regular tax levies, maturing within BONDS, a maximum term of 15 years, as provided in District Resolution #2-90? NO 114 4 • BELLINGHAM SCHOOL DISTRICT NO. 501.�7 COUNTY, WASHINGTON GENERAL OBLIGATION BONDS<` RESOLUTION NO. 2-90 A RESOLUTION of the Board of Directors of Bellingham School District No. 501, Whatcom County, Washington, providing for the form of the ballot proposition and specifying certain other details concerning submission to the qualified electors of the district at a special election to be held therein on May 22, 1990, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $19,900,000, or so much thereof as may be issued under the laws governing the indebtedness of school districts for the purpose of providing funds to acquire, construct, equip and make certain capital improvements to the facilities of the school district. PREPARED BY: ADOPTED MARCH 28, 1990 PRESTON, THORGRIMSON, ELLIS & HOLMAN 5400 Columbia Seafirst Center 701 Fifth Avenue Seattle, Washington 98104-7011 TABLE OF CONTENTS* Page Recitals. . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1. Findings . . . . . . . . . . . . . . . . . 1 Section 2. Capital Improvements 2 Section 3. Authorization of Bonds . . . . . . . . . . 3 Section 4. Details of Bonds . . . . . . . . . . . . . 4 Section 5. Bond Election . . . . . . . . . . . . . . . 4 *This Table of Contents is not a part of the following resolution. K:\FWW\#HOME\BHER - i - RESOLUTION NO. 2-90 A RESOLUTION of the Board of Directors of Bellingham School District No. 501, Whatcom County, Washington, providing for the form of the ballot proposition and specifying certain other details concerning submission to the qualified electors of the district at a special election to be held therein on May 22, 1990, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $19,900,000, or so much thereof as may be issued under the laws governing the indebtedness of school districts for the purpose of providing funds to acquire, construct, equip and make certain capital improvements to the facilities of the school district. WHEREAS, additional school facilities are needed in Bellingham School District No. 501, Whatcom County, Washington (the "District"), in order to provide the students of the District with adequate, proper and safe educational facilities; and WHEREAS, in order to provide part of the funds to enable the District to acquire, construct, equip and make such necessary capital improvements to its existing facilities, it is deemed necessary and advisable that the District issue and sell its unlimited tax levy general obligation bonds in the principal amount of $19,900,000; and WHEREAS, the Constitution and laws of the State of Washington provide that the question of whether or not such bonds may be issued and sold for such purposes must be submitted to the qualified electors of the District for their ratification or rejection; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Bellingham School District No. 501, Whatcom County, Washington, as follows: Section 1. Findi . This Board of Directors (the "Board") hereby finds and declares that the best interest of the students and other inhabitants of the District requires the District to carry out the plans hereinafter provided at the time or times and in the order deemed most necessary and advisable by the Board. Section 2. Capital -Improvements. The District shall make the following capital improvements: A. acquire, erect, install and equip new portable classrooms; B. construct and equip a new middle school and improve Fairhaven Middle School; C. acquire necessary sites for new District facilities; D. Reconstruct and improve Silver Beach and Geneva Elementary Schools; E. Undertake project planning and design work for other capital improvements to District facilities; and F. reconstruct, improve and make additions or other capital improvements to other District facilities, including, but not limited to, asbestos abatement, roof improvements, safety improvements and acquisition and installation of technology equipment. The cost of all necessary architectural, engineering, and other consulting services, inspection and testing, administrative and relocation expenses, on and off -site utilities, and other costs incurred in connection with the making of the foregoing capital improvements shall be deemed a part of the costs of such improvements. Such improvements shall be complete with all necessary furniture, equipment and appurtenances. If available funds are sufficient, the District shall acquire, construct, equip and make other capital improvements to the facilities of the District, all as the Board of Directors finds necessary. The District shall determine the application of available moneys as between the various projects set forth above so as to accomplish, as nearly as may be, all improvements described or provided for in this section. The District shall determine the exact extent and specifications for construction of structures or other improvements. If the District shall determine that it has become impractical to accomplish any of such improvements or K.\FW W\#HOME\BHER - 2 - portions thereof by reason of changed conditions or needs, incompatible development, costs substantially in excess of those estimated, or acquisition by a superior governmental authority, the District shall not be required to accomplish such improvement and may apply bond proceeds as set forth in this section. If any or all of the improvements have been completed, or their completion duly provided for, or their completion found to be impractical, the District may apply the bond proceeds or any portion thereof to other portions of the improvements or to other capital purposes of the District, or to payment of principal of or interest on the bonds, as the District in its discretion shall determine. In the event that the proceeds of sale of the bonds, plus any other moneys of the District legally available, are insufficient to accomplish all of the capital improvements provided by this section, the District shall use the available funds for paying the cost of those improvements for which the bonds were approved deemed by the Board most necessary and to the best interest of the District. Section 3. Authorization of Bonds. For the purpose of providing part of the funds necessary to pay the cost of the improvements described in Section 2 hereof, together with incidental costs and costs related to the sale and issuance of the bonds, the District shall issue and sell its unlimited tax levy general obligation bonds in the principal amount of not to exceed $19,900,000. The balance of the cost of such improvements shall be paid out of any moneys which the District now has or may later have on'hand which are legally available for such purposes and out of possible state or federal grants of money. None of said bond proceeds shall be used for the replacement of equipment or for any other than a capital purpose. Such bonds shall be issued in an amount not exceeding the amount approved by the qualified electors of the District as required by the Constitution and laws of the K:\FW W\#HOME\BHER - 3 - State of Washington or exceeding the amount permitted by the Constitution and laws of the State of Washington. Section 4. Details of Bonds. The bonds provided for in Section 3 hereof shall be sold in such amounts and at such time or times as deemed necessary and advisable by this Board and as permitted by law, shall bear interest at a rate or rates not to exceed the maximum rate permitted by law at the time the bonds are sold, and shall mature in such amounts and at such times within a maximum term of fifteen (15) years from date of issue, but may mature at an earlier date or dates, as authorized by this Board and as provided by law. Said bonds shall be general obligations of the District and, unless paid from other sources, both principal thereof and interest thereon shall be payable out of annual tax levies to be made upon all the taxable property within the District without limitation as to rate or amount and in excess of any constitutional or statutory tax limitations. The exact date, form, terms and maturities of said bonds shall be as hereafter fixed by resolution of the Board of Directors. After voter approval of the bond proposition and in anticipation of the issuance of such bonds, the District may issue short term obligations as authorized and provided by Chapter 39.50 RCW. Section 5. Bond Election. It is hereby found and declared that an emergency exists requiring the District to submit to the qualified electors of the District the proposition of whether or not the District shall issue such bonds for such purposes at a special election to be held therein on the 22nd day of May, 1990. The Whatcom County Auditor as ex officio supervisor of elections is hereby requested also to find the existence of such emergency and to call and conduct said special election to be held within the District on said date and to submit to the qualified electors of the District the proposition hereinafter set forth. The Secretary of the Board of Directors is hereby authorized and K:\FW W\#HOME\BHER - 4 - directed to certify said proposition to said officials in the following form: PROPOSITION NO 1 BELLINGHAM SCHOOL DISTRICT NO 501 GENERAL OBLIGATION BONDS - $19,900,000 For constructing and equipping a new middle school, improving Fairhaven Middle School, acquiring sites, technology equipment and portable classrooms, improving Geneva and Silver Beach Elementary Schools, and planning and making other necessary capital improvements to District facilities, shall Bellingham School District #501 issue $19,900,000 of general obligation bonds payable out of annual property tax levies in excess of regular tax levies, maturing within a maximum term of 15 years, as provided in District Resolution # 2-90 BONDS, YES. . . . . . . . . . . . / / BONDS, NO . . . . . . . . . . . . / / The polls for such special election shall be open from 7:00 o'clock A.M. to 8:00 o'clock P.M. The Secretary of the Board of Directors is hereby authorized to deliver a certified copy of this resolution to the Whatcom County Auditor. ADOPTED by the Board of Directors of Bellingham School Dis- trict No. 501, Whatcom County, Washington, at a special meeting thereof held the 28th day of March, 1990. BELLINGHAM SCHOOL DISTRICT NO. 501 WHATCOM COUNTY, WASHINGTON $Y Board of Directors K.\FW W\#HOME\BHER - 5 - ATTEST-: Secret�ar'y; /Board of Directors K:\FWW\#HOME\B'HAM r CERTIFICATE I, the undersigned, Secretary of the Board of Directors of Bellingham School District No. 501, Whatcom County, Washington, (the "District") and keeper of the records of the Board of Directors (herein called the "Board"), DO HEREBY CERTIFY: 1. That the attached resolution is a true and correct copy of Resolution No. 2-90 of the Board (herein called the "Resolu- tion"), duly adopted at a special meeting thereof held on the 28th day of March, 1990. 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. IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of March, 1990. � i OFFICE OF THE COUNTY AUDITOR OF WHATCOM COUNTY, WASHINGTON WHEREAS, the undersigned as the duly elected, qualified and acting Auditor of Whatcom County, Washington, has jurisdiction of and is required by law to conduct all special elections for school districts within the county; and WHEREAS, Bellingham School District No. 501, Whatcom County, Washington, lies entirely within the boundaries of Whatcom County; and WHEREAS, the Board of Directors of said district by resolution adopted March 28, 1990, a certified copy of which has been delivered to the undersigned, has found that an emergency exists requiring the holding of a special election on May 22, 1990; and WHEREAS, said district by said resolution has authorized and directed the undersigned to assume jurisdiction of and conduct said special election within Whatcom County; NOW, THEREFORE, it is hereby authorized and ordered as follows: The undersigned concurs in the finding of an emergency and does hereby assume jurisdiction within Whatcom County of the above - mentioned special election of Bellingham School District No. 501, Whatcom County, Washington, authorized and ordered by resolution of its Board of Directors adopted March 28, 1990, and will conduct said special election to be held May 22, 1990. DATED at Bellingham, Washington, this �_�day of Whatcom unty Auditor K:\16155-00.001\EAO �n I 3 `.°'" �p�f 3u ORDINANCE NO. 100�51,,j_ AN ORDINANCE OF THE CITY OF BELLINGHAM PROVIDIN& TQ-"TFiE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY AT A SPECIAL ELECTION+ -TO BE HELD THEREIN ON MAY 22, 1990, OF A PROPOSITION AUTHORIZING THE CITY TO INCREASE ITS REGULAR PROPERTY TAX LEVY BY $0.57 PER THOUSAND OF ASSESSED VALUATION TO BE COLLECTED IN 1991 THROUGH 1996 OR SOONER AS NECESSARY TO PROVIDE AN AGGREGATE AMOUNT OF NOT TO EXCEED $7,000,000, ON ALL OF THE TAXABLE PROPERTY WITHIN THE CITY IN EXCESS OF THE REGULAR TAX LEVY OF THE CITY, THE PROCEEDS OF SUCH ADDITIONAL LEVY RATE TO BE USED TO ACQUIRE AND IMPROVE REAL PROPERTY AND INTERESTS IN REAL PROPERTY FOR GREENWAYS INCLUDING OPEN SPACE, PARKS, TRAILS AND WETLANDS; AND PROVIDING FOR THE ISSUANCE OF SHORT-TERM OBLIGATIONS OR BONDS PENDING THE RECEIPT OF THOSE ADDITIONAL TAXES. WHEREAS, the City Council of the City of Bellingham, Washington (the "City"), has adopted an open space, parks and recreation plan as part of the Bellingham Comprehensive Plan; and WHEREAS, a citizen group has developed a proposal to implement part of the Comprehensive Plan, specifically to acquire and improve a public greenway system of open space, parks, trails and wetlands (herein, "greenways"); and WHEREAS, presentations have been made in City neighborhoods, before the Bellingham Parks and Recreation Advisory Board, and at a City Council public hearing on the need for greenways preservation; and WHEREAS, the City is currently experiencing rapid growth and development on existing private open space lands for a variety of uses which will reduce the future opportunities for a public system of greenways; and WHEREAS, the City Council has determined that it is in the best interests of the City and its taxpayers to acquire and improve real property and interests in real property for greenways; and WHEREAS, the City currently lacks sufficient funds with which to pay the costs of acquiring and improving such real property and interests in real property for greenways; and WHEREAS, in order to pay the costs of acquiring and improving such real property and interests in real property for greenways, it is deemed advisable that the City use the proceeds of a temporary increase of the regular property tax levy rate of the City as authorized by RCW 84.55.050; and WHEREAS, nothing in such levy would relieve private developers or others from obligations otherwise existing in applicable City development, subdivision and shoreline ordinances; and G R N - 1 City of Bellingham CITY AT70RNEY 210 Lotlie St real Bellingham. Washington 98225 Tat VWS (206) 6766903 WHEREAS, the question of whether the City may collect such levy must be submitted to the qualified electors of the City for ratification or rejection; and WHEREAS, the conditions and situation herein set forth create an emergency which requires the holding of a special election in the City; NOW, THEREFORE, THE BELLINGHAM CITY OF BELLINGHAM DOES ORDAIN as follows: Section I. The City Council finds and declares that it is in the best interests of the City and its taxpayers to acquire and improve real property and interests in real property for greenways, including open space, parks, trails and wetlands, the cost of which is to be paid from the increase of the City's regular property tax levy rate for a period of six years or less, as necessary to produce an aggregate amount of not to exceed 57,000,000. Section 2. The City Council finds that an emergency exists requiring the calling of a special election and the Auditor of Whatcom County, Washington, as ex officio Supervisor of Elections, is requested to concur in that finding and to call and conduct a special election to be held in the City in the manner provided by law on May 22, 1990, for the purpose of submitting to the qualified electors of the City for their approval a proposition authorizing the City to increase its regular property tax levy by $0.57 per thousand of assessed valuation from 1991 through 1996 or sooner as necessary to produce an aggregate amount of not to exceed $7,000,000, on all of the taxable property within the City in excess of the regular tax levy of the City, to pay the costs of acquiring and improving real property and interests in real property for greenways. Pending the receipt of the money collected from the increased annual regular property tax levies, the City may issue short-term obligations pursuant to Chapter 39.50 RCW or limited tax general obligation bonds to provide funds necessary to permit the City to acquire and improve real property and interests in real property for greenways. Section 3. The City Clerk is directed to certify to the Auditor of Whatcom County, Washington, as ex ❑fficio Supervisor of Elections, at least 45 days prior to the May 22, 1990, special election date a copy of this ordinance and the proposition to be submitted at that special election in the form of a ballot title as follows: City of Bellingham GRN - 2 CITY ATTORNEY 210 Lottie Street Bellingham, Washington 98225 Telephone (2os) 676.6903 IL