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HomeMy WebLinkAbout2006 - Bellingham School District No. 501 Prop 1 General Obligation Bond March 14, 2006TLE: c) DATE FUNCTION ��. . p� RECEIVED TO PROSECUTOR'S OFFICE FROM PROSECUTOR'S OFFICE ELECTION SUPERVISOR BALLOT LAYOUT PROOF LAYOUT PUBLISH NOTICE OF ELECTION CERTIFICATION DISTRICT SECRETARY OFFICE tl• IT 1' 1-aa- 05 Z > _b 2 ►3 9 MAR 2 4 2006 1 Cv (cosl(31� m r r G) 2 D cn C) O O r- WHATCOM COUNTY AUDITOR'S OFFICE OFFICIAL CANVASS OF THE SPECIAL ELECTION HELD TUESDAY, MARCH 14, 2006, 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 $67,000,000 OF GENERAL OBLIGATION BONDS FOR THE CONSTRUCTION OF NEW ELEMENTARY SCHOOLS, MODERNIZE SHUKSAN MIDDLE SCHOOL, MAKE STRUCTURAL IMPROVEMENTS TO DISTRICT BUILDINGS, ACQUIRE LAND, AND MAKE OTHER CAPITAL IMPROVEMENTS TO DISTRICT FACILTIES. 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, from the Special Election held on March 14, 2006, have not been altered by additions or erasures, and that they are the same as when they were deposited in my office. jj �.- .,ram•._ � Whatcom C❑ ty Auditor d sworn to before me this 24t" day of March 2006- Whatcom County Legislative Authorit ��0 `x 11ViA CERTIFICATION OF CANVASSING BOARD u• o caurg TYG, STATE OF WASHINGTON ) ) ss. Y� r N7 COUNTY OF WHATCOM ) :f p:3✓,r t, \ THIS IS TO CERTIFY THAT WE, as the Whatcom County Canvassing Committee have completed the canvass of votes as it pertains to the Special Election held in the precincts within the boundaries of Bellingham School District No. 501 on the 14t" day of March 2006 and the results are as follows: PROPOSITION NO. 1 BELLINGHAM SCHOOL DISTRICT GENERAL OBLIGATION BONDS - $67,000,000 The Board of Directors of Bellingham School District #501 adopted Resolution #9-05 concerning this proposition for bonds. This proposition authorizes the District to construct new elementary schools at the Southeast and Northwest sites, modernize Shuksan Middle School, make seismic structural improvements to five District buildings, acquire land and make other capital improvements to District facilities, to issue $67,000,000 of general obligation bonds maturing within a maximum term of 20 years, and to levy excess property taxes annually to repay the bonds, all as described with the additional details in District Resolution #9-05. Should this proposition be: Approved [ ] Rejected [ ] VALIDATION: Number of persons voting last General Election: 32,837 40% Turnout 13,135 60% Yes Vote 7,881 APPROVED —YES 15,130 REJECTED — NO 6,553 Bonds passed 69.78%. The canvass has been completed this 24th day of March 2006. 91�OR'S SFq r4, r �u tAnoa 0 ;j WHATCOM COUNTY CANVASSING BOARD County Auditor ram~ County Legislative Authority CoupDeput outing Attorney RECEIVED WHATCOM COUNTY AUDITOR'S OFFICE 3- Z7-Olo Vlttpl- OFFICIAL CANVASS OF THE SPECIAL ELECTION HELD TUESDAY, MARCH 14, 2006, 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 $67,000,000 OF GENERAL OBLIGATION BONDS FOR THE CONSTRUCTION OF NEW ELEMENTARY SCHOOLS, MODERNIZE SHUKSAN MIDDLE SCHOOL, MAKE STRUCTURAL IMPROVEMENTS TO DISTRICT BUILDINGS, ACQUIRE LAND, AND MAKE OTHER CAPITAL IMPROVEMENTS TO DISTRICT FACILTIES. 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, from the Special Election held on March 14, 2006, have not been altered by additions or erasures, and that they are the same as when they were deposited in my office. Whatcom Co ty Auditor sworn to before me this 24th day of March 2006. Whatcom County Legislative Authority CERTIFICATION OF CANVASSING BOARD STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) THIS IS TO CERTIFY THAT WE, as the Whatcom County Canvassing Committee have completed the canvass of votes as it pertains to the Special Election held in the precincts within the boundaries of Bellingham School District No. 501 on the 14th day of March 2006 and the results are as follows: RECEIVED NOV 1.7 2005 SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR BELLINGHAM SCHOOL DISTRICT NO. 501 WHATCOM COUNTY, WASHINGTON GENERAL OBLIGATION BONDS RESOLUTION NO.9-05 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 March 14, 2006, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $67,000,000, or so much thereof as may be issued under the laws governing the indebtedness of school districts for the purpose of providing funds to construct, equip and make certain capital improvements to the facilities of the District and authorizing the Superintendent to submit a request for eligibility for the Washington State School District Credit Enhancement Program. ADOPTED NOVEMBER 10, 2005 PREPARED BY: PRESTON GATES & ELLIS LLP Seattle, Washington TABLE OF CONTENTS* Page Recitals...................:........................................................................................................................ 1 Section1. Findings...................................................................................................................... 2 Section 2. Capital Improvements................................................................................................ 2 Section 3. Authorization of Bonds.............................................................................................. 4 Section4. Details of Bonds......................................................................................................... 4 Section5. Election...................................................................................................................... 5 Section 6. Request for Eligibility for the Credit Enhancement Program .................................... 6 Section7. Severability........................................................... ....................... I............. ..............1 6 Section8. Effective Date............................................................................................................ 7 * This Table of Contents is not a part of the following resolution. -i- P:1CMMCMW70N 11/03/05 RESOLUTION NO. 9-05 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 March 14, 2006, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $67,000,000 or so much thereof as may be issued under the laws governing the indebtedness of school districts for the purpose of providing funds to construct, equip and make certain capital improvements to the facilities of the District and authorizing the Superintendent to submit a request for eligibility for the Washington State School District Credit Enhancement Program. WHEREAS, improvements to 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 construct, equip and make such necessary capital improvements to its 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 $67,000,000 (the "Bonds"); and WHEREAS, the Constitution and laws of the State of Washington (including RCW 28A.530.010 and RCW 84.52.056) provide that the question of whether or not such Bonds may be issued and sold for such purposes and taxes levied to pay such Bonds must be submitted to the qualified electors of the District for their ratification or rejection; and WHEREAS, in RCW ch. 39.98 (the "Credit Enhancement Act"), the State Legislature established a credit enhancement program (the "Program") for the purpose of establishing a credit enhancement program (the "Program") for voter -approved school district general obligation bonds; and WHEREAS, Section 39.98.040 of the Credit Enhancement Act authorizes the state treasurer to make a determination that a school district is eligible for participation in the Program if the state treasurer determines that the district is eligible under rules adopted by the state finance committee; and WHEREAS, the District may elect to participate in the Program upon an administrative determination that it is cost-effective; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF BELLINGHAM SCHOOL DISTRICT NO. 501, WHATCOM COUNTY, WASHINGTON, as follows: Section 1. Findings. This Board of Directors (the "Board") hereby finds and declares that the best interest of the students and other inhabitants of the District require 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 (the "Improvements"): • Construct a new elementary school at 4420 Aldrich Road and a new elementary school on Yew Street near Tacoma Avenue; • Modernize Shuksan Middle School; • Seismic structural improvements of the Columbia, Larrabee, Lowell, Whatcom and Roeder historic District buildings; ■ Acquire land in Sudden Valley; and -2- P:\CMIMCMW70N 11/03/05 ■ Make building improvements at various District facilities including roofing, flooring and major system replacements. If available funds are sufficient from the proceeds of Bonds authorized for the above purposes, and state or local circumstances require, the District shall use such funds to pay the principal of or interest on the bonds or acquire, construct, equip and make other capital improvements to the facilities of the District, all as the Board of Directors may determine, after holding a public hearing thereon pursuant to RCW 28A.530.020. The District shall determine the application of available moneys as between the various Improvements set forth above so as to accomplish, as nearly as may be, all of the 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 Board shall determine that it has become impractical to accomplish any of such Improvements or portions thereof by reason of state or local circumstances, including changed conditions, incompatible development or costs substantially in excess of those estimated, the District shall not be required to accomplish such Improvements and may apply the Bond proceeds or any portion thereof to other portions of the Improvements, to other capital improvements, or to payment of principal of or interest on the Bonds, as the Board may determine after holding a public hearing thereon pursuant to RCW 28A.530.020. 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 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 in the best interest of the District. -3- P:\CMWICMW70N 11/03/05 It is anticipated that the District will receive funds from the State of Washington pursuant to Chapter 28A.525 RCW in the estimated amount of $5,000,000. The District intends to apply such funds to the completion of the Improvements described in Section 2 and/or acquire school sites and make capital improvements to various District buildings. Such funds may also be applied to pay the principal of or interest on the bonds provided for herein or to make other capital improvements to the facilities of the District as the Board may determine after holding a public hearing thereon pursuant to RCW 28A.530.020. 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 and/or to reimburse the District for such costs to the extent that District funds have been used for such purposes, 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 $67,000,000. 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, including mitigation fees, and out of possible state or federal grants of money. None of the 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 State of Washington or exceeding the amount permitted by the Constitution and laws of the State of Washington. Section Q. 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 - ^ - PACIOMMMON 11/03/05 by law at the time the Bonds are sold, and shall mature in such amounts and at such times within a maximum term of twenty (20) 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. The proceeds of such Bonds may be used to redeem and retire short term obligations or to reimburse the District for expenditures previously made for such Improvements. Section 5. 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 the Bonds at a special election to be held on March 14, 2006. The Whatcom County Auditor as ex officio supervisor of elections in Whatcom County, Washington is hereby requested also to find the existence of such emergency and to call and conduct the special election to be held within the District and to submit to the qualified electors of the District the proposition set forth below. The Secretary of the Board is hereby authorized and directed to certify the proposition to said officials in the following form: -5- P:1CMMCMW70N 11/03/05 PROPOSITION NO. BELLINGHAM SCHOOL DISTRICT GENERAL OBLIGATION BONDS - $67,000,000 The Board of Directors of Bellingham School District #501 adopted Resolution 49-05 concerning this proposition for bonds. This proposition authorizes the District to construct new elementary schools at the Southeast and Northwest sites, modernize Shuksan Middle School, make seismic structural improvements to five District buildings, acquire land and make other capital improvements to District facilities, to issue $67,000,000 of general obligation bonds maturing within a maximum term of 20 years, and to levy excess property taxes annually to repay the bonds, all as described with additional details in District Resolution #9-05. Should this proposition be: APPROVED? ................... I........ REJECTED? ........................... I ...... .. .................................................... ❑ ........................................... ❑ The polls for such special election shall be open from 7:00 a.m. to 8:00 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. Section 6. Request for Eligibilily for the Credit Enhancement Pro In preparation for the issuance and sale of the Bonds after approval by the voters, the Board of Directors hereby requests that the State Treasurer issue a certificate of eligibility in favor of the District for participation by the District in the Program with respect to the Bonds. The Superintendent is hereby authorized and directed (following voter approval) to submit such applications, resolutions and certifications as shall be required by the State Treasurer in reviewing the District's request for participation. Section 7. Severability. In the event that any provision of this resolution shall be held to be invalid, such invalidity shall not affect or invalidate any other provision of this resolution or the Bonds, but they shall be construed and enforced as if such invalid provision had not been -6- PAWW WW70N 11/03t05 contained herein; provided, however, that any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law. Section 8. Effective Date. This resolution shall become effective immediately upon its adoption. ADOPTED by the Board of Directors of Bellingham School District No. 501, Whatcom County, Washington, at a regular meeting held this 1 Oth day ofNovember, 2005. ATTEST: ��E k Secretary, Board of Directors BELLINGHAM SCHOOL DISTRICT NO. 501, WHATCOM COUNTY, WASHINGTON By President and I#ector Qzt-1 � 0 (" 4 Director .Z' (� �- � a-�, �)- � - Director - / - PACMWCMW70N 11/03/05 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 (the "Board"), DO HEREBY CERTIFY: 1. That the attached resolution is a true and correct copy of Resolution No. 9-05 of the Board (herein called the "Resolution"), duly adopted at a regular meeting thereof held on the 10th day of November, 2005. 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. 2005. IN WITNESS WHEREOF, I have hereunto set my hand this loth day of November, Secretary, Board of Directors P:\CMMC~ON 11/03/05 OFFICE OF THE 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 on November 10, 2005, a certified copy of which has been delivered to the undersigned, has found that an emergency exists requiring the holding of a special election March 14, 2006; 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 on November 10, 2005, and will conduct said special election to be held on March 14, 2006. DATED at Bellingham, Washington, this -- day ❑ , 2005. What om County Audit P:\CMWICMW70N 11/03/05 OFFICIAL BALLOT BELLINGHAM SCHOOL DISTRICT NO. 501, WHATCOM COUNTY, WASHINGTON March 14, 2006 INSTRUCTIONS 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 QQ in the square opposite the word "REJECTED." PROPOSITION NO. BELLINGHAM SCHOOL DISTRICT GENERAL OBLIGATION BONDS - $67,000,000 The Board of Directors of Bellingham School District #501 adopted Resolution #9-05 concerning this proposition for bonds. This proposition authorizes the District to construct new elementary schools at the Southeast and Northwest sites, modernize Shuksan Middle School, make seismic structural improvements to five District buildings, acquire land and make other capital improvements to District facilities, to issue $67,000,000 of general obligation bonds maturing within a maximum term of 20 years, and to levy excess property taxes annually to repay the bonds, all as described with additional details in District Resolution #9-05. Should this proposition be: APPROVED?................................................................................................... ❑ REJECTED?..................................................................................................... ❑ PAGMIMCMW70N 11/03/05 NOTICE OF SPECIAL ELECTION BELLINGHAM SCHOOL DISTRICT NO. 501 WHATCOM COUNTY, WASHINGTON March 14, 2006 NOTICE IS HEREBY GIVEN that on Tuesday, March 14, 2006, a special election will be held in the above -named school district for the submission to the qualified electors of said school district of the following proposition: PROPOSITION NO. BELLINGHAM SCHOOL DISTRICT GENERAL OBLIGATION BONDS - $67,000,000 The Board of Directors of Bellingham School District #501 adopted Resolution #9-05 concerning this proposition for bonds. This proposition authorizes the District to construct new elementary schools at the Southeast and Northwest sites, modernize Shuksan Middle School, make seismic structural improvements to five District buildings, acquire land and make other capital improvements to District facilities, to issue $67,000,000 of general obligation bonds maturing within a maximum term of 20 years, and to levy excess property taxes annually to repay the bonds, all as described with additional details in District Resolution #9-05. Should this proposition be: APPROVED?................................................................................................... ❑ REJECTED?..................................................................................................... ❑ The polling places for all precincts wholly or partially within the district shall be as follows: Precincts Polling Places Said polling places shall be open from 7:00 a.m. to 8:00 p.m. Superintendent of Elections Whatcom County Records and Elections Division PACMMCMV 70N 11/03/05 11-18-05 TO: Deputy Prosecuting. Attorney FROM: The Office of the Whatcom County Auditor SUBJ: BALLOT TITLE Please look over this ballot title for Bellingham 501 School District. Please return to the Election Department ASAP Thank You! Ethel 50044 NOTICE OF SPECIAL ELECTION BELLINGHAM SCHOOL DISTRICT NO. 501 WHATCOM COUNTY, WASHINGTON March 14, 2006 NOTICE IS HEREBY GIVEN that on Tuesday, March 14, 2006, a special election will be held in the above -named school district for the submission to the qualified electors of said school district of the following proposition: PROPOSITION NO. BELLINGHAM SCHOOL DISTRICT GENERAL OBLIGATION BONDS - $67,000,000 The Board of Directors of Bellingham School District #501 adopted Resolution #9-05 concerning this proposition for bonds. This proposition authorizes the District to construct new elementary schools at the Southeast and Northwest sites, modernize Shuksan Middle School, make seismic structural improvements to five District buildings, acquire land and make other capital improvements to District facilities, to issue $67,000,000 of general obligation bonds maturing within a maximum term of 20 years, and to levy excess property taxes annually to repay the bonds, all as described with additional details in District Resolution #9-05. Should this proposition be: APPROVED?................................................................................................... ❑ REJECTED?..................................................................................................... ❑ The polling places for all precincts wholly or partially within the district shall be as follows: Precincts Polling Places Said polling places shall be open from 7:00 a.m. to 8:00 p.m. Superintendent of Elections Whatcom County Records and Elections Division P:1CMW\CMW70N 11/03/05 Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225.4186 (360) 676.6740 x FAX 738.4556 % TDD 738.4555 E-mail: auditor@co.whatcom.wa.us www.co.whatcom.wa.usiauditorl December 14, 2005 Shirley Forslof, County Auditor Debbie Adelstein, Chief Deputy 2006 VALIDATION FIGURES FOR SCHOOL DISTRICT SPECIAL ELECTIONS The validation figures are based on the number of voters who voted in each school district in the last General Election held on November 8, 2005. District Bellingham SD 501 Ferndale SD 502 Blaine SD 503 Lynden SD 504 Meridian SD 505 Nooksack SD 506 Mt Baker SD 507 Concrete SD 11 Number of Persons 40% 60% Voting Last General Turnout Yes Vote 32,837 13,135 7,881 9,212 3,685 2,211 4,705 1,882 1,129 6,445 2,578 1,547 3,127 1,251 751 2,879 1,152 691 4,435 1,774 1,064 14 (Whatcom portion) 2006 FUTURE ELECTION DATES (RCW 29A.04.311, .321 and .330) 2006 Possible Election Dates February 7, 2006 March 14, 2006 April 25, 2006 May 16, 2006 September 19, 2006 November 7, 2006 45 day cutoff for resolutions December 22, 2005 January 27, 2006 March 10, 2006 March 31, 2006 August 4, 2006 September 22, 2006 Shirley Forslof hatcom Count editor I:\validations\School 2006.doc Licensing/Recording Elections Administration/Internal Audit TTY FAX 360-676-6744 360-676-6740 360-676-6742 360-676-6740 ext. 50065 360-738-4555 360-738-4556 RECEIVED NOV 1 7 2005 SHIRLEY FORSLOF WHATCOM COUNTY AUDITOR BELLINGHAM SCHOOL DISTRICT NO. 501 WHATCOM COUNTY, WASHINGTON fec(opy GENERAL OBLIGATION BONDS RESOLUTION NO. 9-05 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 March 14, 2006, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $67,000,000, or so much thereof as may be issued under the laws governing the indebtedness of school districts for the purpose of providing funds to construct, equip and make certain capital improvements to the facilities of the District and authorizing the Superintendent to submit a request for eligibility for the Washington State School District Credit Enhancement Program. ADOPTED NOVEMBER 10, 2005 PREPARED BY: PRESTON GATES & ELLIS LLP Seattle, Washington TABLE OF CONTENTS* Page Recitals............................................................................................................................................ 1 Section1. Findings...................................................................................................................... 2 Section2. Capital Improvements................................................................................................ 2 Section 3. Authorization of Bonds.............................................................................................. 4 Section4. Details of Bonds... . ........... .............................. -- ...................................................... 4 Section5. Election...................................................................................................................... 5 Section 6. Request for Eligibility for the Credit Enhancement Program .................................... 6 Section7. Severability................................................................................................................ 6 Section8. Effective Date............................................................................................................ 7 * This Table of Contents is not a part of the following resolution. -1- P:1CMMCMW70N 11/03/05 RESOLUTION NO.9-05 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 March 14, 2006, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $67,000,000 or so much thereof as may be issued under the laws governing the indebtedness of school districts for the purpose of providing funds to construct, equip and make certain capital improvements to the facilities of the District and authorizing the Superintendent to submit a request for eligibility for the Washington State School District Credit Enhancement Program. WHEREAS, improvements to 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 construct, equip and make such necessary capital improvements to its 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 $67,000,000 (the "Bonds"); and WHEREAS, the Constitution and laws of the State of Washington (including RCW 28A.530.010 and RCW 84.52.056) provide that the question of whether or not such Bonds may be issued and sold for such purposes and taxes levied to pay such Bonds must be submitted to the qualified electors of the District for their ratification or rejection; and WHEREAS, in RCW ch. 39.98 (the "Credit Enhancement Act"), the State Legislature established a credit enhancement program (the "Program") for the purpose of establishing a credit enhancement program (the "Program") for voter -approved school district general obligation bonds; and WHEREAS, Section 39.98.040 of the Credit Enhancement Act authorizes the state treasurer to make a determination that a school district is eligible for participation in the Program if the state treasurer determines that the district is eligible under rules adopted by the state finance committee; and WHEREAS, the District may elect to participate in the Program upon an administrative determination that it is cost-effective; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF BELLINGHAM SCHOOL DISTRICT NO. 501, WHATCOM COUNTY, WASHINGTON, as follows: Section 1. Findings. This Board of Directors (the "Board") hereby finds and declares that the best interest of the students and other inhabitants of the District require 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 (the "Improvements"): • Construct a new elementary school at 4420 Aldrich Road and a new elementary school on Yew Street near Tacoma Avenue; • Modernize Shuksan Middle School; • Seismic structural improvements of the Columbia, Larrabee, Lowell, Whatcom and Roeder historic District buildings; • Acquire land in Sudden Valley; and -2- P:\CMIMCMW70N 11/03/05 • Make building improvements at various District facilities including roofing, flooring and major system replacements. If available funds are sufficient from the proceeds of Bonds authorized for the above purposes, and state or local circumstances require, the District shall use such funds to pay the principal of or interest on the bonds or acquire, construct, equip and make other capital improvements to the facilities of the District, all as the Board of Directors may determine, after holding a public hearing thereon pursuant to RCW 28A.530.020. The District shall determine the application of available moneys as between the various Improvements set forth above so as to accomplish, as nearly as may be, all of the 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 Board shall determine that it has become impractical to accomplish any of such Improvements or portions thereof by reason of state or local circumstances, including changed conditions, incompatible development or costs substantially in excess of those estimated, the District shall not be required to accomplish such Improvements and may apply the Bond proceeds or any portion thereof to other portions of the Improvements, to other capital improvements, or to payment of principal of or interest on the Bonds, as the Board may determine after holding a public hearing thereon pursuant to RCW 28A.530.020. 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 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 in the best interest of the District. -3- P:\CMW\CMW70N 11103t05 It is anticipated that the District will receive funds from the State of Washington pursuant to Chapter 28A.525 RCW in the estimated amount of $5,000,000. The District intends to apply such funds to the completion of the Improvements described in Section 2 and/or acquire school sites and make capital improvements to various District buildings. Such funds may also be applied to pay the principal of or interest on the bonds provided for herein or to make other capital improvements to the facilities of the District as the Board may determine after holding a public hearing thereon pursuant to RCW 28A.530.020. 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 and/or to reimburse the District for such costs to the extent that District funds have been used for such purposes, 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 $67,000,000. 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, including mitigation fees, and out of possible state or federal grants of money. None of the 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 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 -4- P:%CMIMCMW70N 11/03/05 by law at the time the Bonds are sold, and shall mature in such amounts and at such times within a maximum term of twenty (20) 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. The proceeds of such Bonds may be used to redeem and retire short term obligations or to reimburse the District for expenditures previously made for such Improvements. Section 5. 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 the Bonds at a special election to be held on March 14, 2006. The Whatcom County Auditor as ex officio supervisor of elections in Whatcom County, Washington is hereby requested also to find the existence of such emergency and to call and conduct the special election to be held within the District and to submit to the qualified electors of the District the proposition set forth below. The Secretary of the Board is hereby authorized and directed to certify the proposition to said officials in the following form: -5- P:\CMMCMW70N 11/03/05 PROPOSITION NO. I BELLINGHAM SCHOOL DISTRICT GENERAL OBLIGATION BONDS - $67,000,000 The Board of Directors of Bellingham School District #501 adopted Resolution #9-05 concerning this proposition for bonds. This proposition authorizes the District to construct new elementary schools at the Southeast and Northwest sites, modernize Shuksan Middle School, make seismic structural improvements to five District buildings, acquire land and make other capital improvements to District facilities, to issue $67,000,000 of general obligation bonds maturing within a maximum term of 20 years, and to levy excess property taxes annually to repay the bonds, all as described with additional details in District Resolution #9-05. Should this proposition be: APPROVED? .................................................... ❑ REJECTED?....................................................... ................... ❑ The polls for such special election shall be open from 7:00 a.m. to 8:00 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. Section 6. R uest for Eligibilfty for the Credit Enhancement Program. In preparation for the issuance and sale of the Bonds after approval by the voters, the Board of Directors hereby requests that the State Treasurer issue a certificate of eligibility in favor of the District for participation by the District in the Program with respect to the Bonds. The Superintendent is hereby authorized and directed (following voter approval) to submit such applications, resolutions and certifications as shall be required by the State Treasurer in reviewing the District's request for participation. Section 7. Severability. In the event that any provision of this resolution shall be held to be invalid, such invalidity shall not affect or invalidate any other provision of this resolution or the Bonds, but they shall be construed and enforced as if such invalid provision had not been -6- P:1CMMCMW70N 11/03/05 contained herein; provided, however, that any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law. Section 8. Effective Date. This resolution shall become effective immediately upon its adoption. ADOPTED by the Board of Directors of Bellingham School District No. 501, Whatcom County, Washington, at a regular meeting held this 10th day ofNovember, 2005. ATTEST: Secretary, Board of Directors BELLINGHAM SCHOOL DISTRICT NO. 501, WHATCOM COUNTY, WASHINGTON By President and ector Q/tI � ot" 4 Director Director -7- P:\CMW\CMW70N 11/03/05 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 (the "Board"), DO HEREBY CERTIFY: 1. That the attached resolution is a true and correct copy of Resolution No. 9-05 of the Board (herein called the "Resolution"), duly adopted at a regular meeting thereof held on the 1 Oth day of November, 2005. 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. 2005. IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of November, Secretary, Board of Directors P:lCMMCMW70N 11/03/05 OFFICE OF THE 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 on November 10, 2005, a certified copy of which has been delivered to the undersigned, has found that an emergency exists requiring the holding of a special election March 14, 2006; 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 on November 10, 2005, and will conduct said special election to be held on March 14, 2006. DATED at Bellingham, Washington, this ). day of f- e 2005. What m County APdllor PACMMCMW70N 11/03/05 OFFICIAL BALLOT BELLINGHAM SCHOOL DISTRICT NO. 501, WHATCOM COUNTY, WASHINGTON March 14, 2006 INSTRUCTIONS 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, dace a cross (X) in the square opposite the word "REJECTED." PROPOSITION NO. BELLINGHAM SCHOOL DISTRICT GENERAL OBLIGATION BONDS - $67,000,000 The Board of Directors of Bellingham School District #501 adopted Resolution #9-05 concerning this proposition for bonds. This proposition authorizes the District to construct new elementary schools at the Southeast and Northwest sites, modernize Shuksan Middle School, make seismic structural improvements to five District buildings, acquire land and make other capital improvements to District facilities, to issue $67,000,000 of general obligation bonds maturing within a maximum term of 20 years, and to levy excess property taxes annually to repay the bonds, all as described with additional details in District Resolution #9-05. Should this proposition be: APPROVED? ................................. ..... ...................... --.......... ......................... ❑ REJECTED?..................................................................................................... ❑ PACMMCWRON 11/03/05 Registration & Turnout LEVY ELECTIONS March 14, 2006 Summary Report WHATCOM COUNTY OFFICIAL ELECTION RESULTS 76,470 Voters Mail Turnout 33,015 43.17% Total... 33,015 43,17% PROPOSITION No. 1 SD501 (64) 64/64100.00% YES 15,130 69.78% NO 6,553 30.22% Total ... 21,683 100.00% PROPOSITION No. 1 SD 502 (20) 20/20 100.00% YES 4,518 66.62% NO 2,367 34.38% Total ... 6, 885100.00% PROPOSITION No. 2 SD 602 (20) 20/20 100.00% YES 4,304 62.60% NO 2,571 37.40% Total ... 6,876 100.00% PROPOSITION No. 3 SD 502 (20) 20/20 100.00% YES 3,772 56.17% NO 3,065 44.83% Total ... 6,837100.00% PROPOSITION No. 1 SD 504 (11) 11/11 100.00% YES 2,803 64.17% NO 1,565 35.83% Total ... 4,368 100.00% PROPOSITION No. 1 FD 17 (1) 1/1 100.00% YES 524 85.20% NO 91 14.80% Total ... 615100.00% F/ N�L or'F�c'I A rzFs��rs -3'a y'OG March 24, 2006 9:34 AM Page 1 of 1 OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION School Fiscal Services Old Capitol Building, PO BOX 47200 OLYMPIA WA 96504-7200 (360) 753-1717 TDD (360) 664-3631 COUNTY AUDITOR'S SCHOOL DISTRICT FINANCING ELECTIONS REPORTING FORM Whatcom County 501 Bellingham 3-14-06 COUNTY NAME Shirlev F AUDITOR NAME SCHOOL DISTRICT NAME I. MINIMUM VOTER TURNOUT REQUIREMENTS A. For excess levies: 3-27-06 DATE ELECTION DATE 32,837 Total votes cast at last November General Election B. For bond issues voted upon during the year immediately following a State General Election (odd or even number year): Total votes cast at last qualifying State General Election li. CANVASS OF ELECTION Type of Election Codes *BO Bond M & O Maintenance and Operation Proposition Dollar Type of Number Amount Election* 1 67,000,000 BO III. LEAD/JOINT COUNTIES CP Capital Project TVF Transportation Vehicle Fund Number Votes Number Votes For Against Passed 15,130 6,553 x The above vote count includes votes cast in our joint county(ies). Name of county(ies): 1 Yes ❑ No Please send official ballot(s) via surface mail to: Michael L. Bigelow Assistant Superintendent Budget and School Business Services Office of Superintendent of Public Instruction PO BOX 47200 OLYMPIA WA 98504-7200 Failed FORM SPI M-466 (Rev. 6/99)