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HomeMy WebLinkAbout2012 - Bellingham School District No. 501 Replacement Technology Capital Projects Levy Feb 2012-Passed 67.93%BELLINGHAM SCHOOL DIST 501 Replacement Technology Capital Projects Levy Ballot Measure Submitted Checklist == Attach to front of folder ?ASS4 ,00) Ballot Measure Submitted: 711j W C-)M 9JWDj D 15t-6J i5o I Date Initial 8j u+i J7 �I.o. I I- l l Sti fi, Notes Submitted by: 1 I VI(6- Contact Phone #: If submitted by mail (p -[p( Email Address: obtains this info djVla . Kenned� �1► Checks signed by Commissioners Date Stamps Submittal, Makes copy for filer �f If Document Calling for an election is included in the submittal, have Auditor or Deputy Auditor sign Fills out receipt & gives original to the filer; if submitted by mail returns original to submitter. Makes a copy for the Auditor File. y i2,15,1 } With another staff member, confirms everything complete Creates folder (See Steps 6-9 in PROC) Election Clerk prepares letter to the Pros Atty with copy of measure and receipt (county & districts only); gives folder to CDA for review. JAISupervisor Gives copies of proposed 'measure to Auditor & Election I� CDA routes folder to Auditor after review Auditor signs letter and hand delivers packet to the Prosecuting [ (0 Attorney f _ fq Date stamps returned letter of approval from Pros Atty Reviewed by Auditor; assigns number Letter sent (certified mail) to submitter after Ballot approval; mails coRes to any other re uestors. Completes Certificate of Mailing S t-Up in EIMS Ballot Layout Created / Completed After Ele ti n Copy of Canvass Report sent to submitter of ballot issue Obtain Receipt from Treasurer & Assessor of results If school issue, send copy of canvass report to Supt of Public Instruction (form SPI M-466) dwis.15 870737 Certificate of Mailing A letter regarding the exact ballot title and the headings to be used was mailed by certified m 11 to on Copies of the letter was provided to other parties by regular mail, email or fax Name of party Date: Mailed, emailed or Initial of faxed Sender (Attach copies for receipt of certified mail from post office) Dated th' ` day of �o` at Bellxn am, Washington. ep Auditor L\Policies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot MeasuresTRM Certificate of Mailing- Exact title.doc Adopted 4/14/2010 ■ Complete items 1, 2, and 3. Also complete Iterrl 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 malipiece, or on the front if space permits. 1. Article Addressed 9 5 oI A. Si re 1 x , y ❑ Agent ✓t/ ❑ Addressee I B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. S CType Ce!fid Mail ❑ Express Mall egistered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7003 2260 0006 4276 4162 1 (transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 T CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Providec r� fU Postage 1 $ - V •}�g a ' p ED ED Certified Fee Retum Reciegt Fee ��� 201) N :i (Endorsement Required) Cj t O Restricted Relivery Fee —0 (Endorsement Required) , r'U � rLl Total Postage &Fees rn Wy �kset, Apr. or PO Box No. �[ O g = S�--••--- •---- - --I. -I -� city, sfals Z'�" �t..l Ai& f�lAm. IAA qua �60M I% P.: G 45HlN��� WHATCOM COUNTY AUDITOR'S OFFICE OFFICIAL CANVASS of the Special Election held Tuesday, February 14, 2012, in Bellingham School District 501, Whatcom County, Washington, for the purpose of submitting to the qualified electors of the district a proposition to authorize excess levies for costs associated with District instruction and operations. CERTIFICATION OF CANVASSING BOARD STATE OF WASH INGTON ) ) 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 Special Election held in the precincts within the boundaries of Bellingham School District 501, Whatcom County, Washington, on the 14th day of February 2012 and the results are as follows: Proposition No. 2 Bellingham School District No. 501 Replacement Technology Capital Projects Levy The Board of Directors of Bellingham School District No. 501 adopted Resolution #11-11 concerning a technology modernization levy. The proposition authorizes acquiring and applying technology, equipment, training, and other costs associated with District instruction and operations, and authorizes the following excess levies for such purposes on all taxable property within the District: Approximate Collection Levy Ratel$1,000 Levy Years Assessed Value Amount 2013 $0.50 $5,500,000 2014 $0.60 $6,750,000 2015 $0.60 $6,750,000 2016 $0.60 $6,750,000 all as provided in District Resolution #11-11. Should this proposition be approved? YES NO ACTUAL RESULTS: YES - 15,793 67.93% NO - 7,455 32.07% Proposition PASSED 67.93% The canvass has been completed this 28th day of February 2012. WHATCOM COUNTY CANVASSING BOARD 111'i ffl l C Whatcom County Auditor �� • �� e) County LegisIa Me A-fKority OF z Co " ufy Prosecuting Attorney Page 2 -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.whatcomcounty.us/auditor Mailed Via Certified Mail on December 20, 2011 December 20, 2011 Dr. Gregory Baker Bellingham School District 501 1306 Dupont Street Bellingham, Washington 98225 Re: Ballot Title: Proposition No. 2 Bellingham School District No. 501 Replacement Technology Capital Projects Levy SHIRLEY FORSLOF COUNTY AUDITOR DEBBIE ADELSTEIN CHIEF DEPUTY Phone: 360-676-6740 FAX-. 360-738-4556 Dear Dr. Baker: Enclosed is a true copy of the ballot title for Proposition No. 2, Bellingham School District No. 501, Replacement Technology Capital Projects Levy. The ballot title has been approved by Royce Buckingham, Civil Prosecuting Attorney. Notice of the exact language of the ballot title is provided pursuant to RCW 29A.36.080. Sincerely, Shirley Forslo Whatcom County Auditor Enclosure Aj&''Vjki Licensing Recording Elections Administrative/Internal Audit Licensing@co.whatcom.wa.us Record ing@co.whatcom.wa.us Elections®co.whatcomma.us 360-676-6744 360-676-6740 360-676-6740 360-676-6742 360-676-6740 ext 50065 Try 360-738-4555 Proposition No. 2 Bellingham School District No. 501 Replacement Technology Capital Projects Levy The Board of Directors of Bellingham School District No. 501 adopted Resolution #11-11 concerning a technology modernization levy. The proposition authorizes acquiring and applying technology, equipment, training, and other costs associated with District instruction and operations, and authorizes the following excess levies for such purposes on all taxable property within the District: Approximate Collection Levy Rate/$1,000 Levy Years Assessed Value Amount 2013 $0.50 $5, 500, 000 2014 $0.60 $6,750,000 2015 $0.60 $6,750,000 2016 $0.60 $6,750,000 all as provided in District Resolution #11-11. Should this proposition be approved? YES............. ...... .... ❑ NO................. ........ ❑ WHATCOM COUNTY PROSECUTING ATTORNEY DAVID S. McEACHRAN CHIEF CRIMINAL DEPUTY Mac D. Setter ASST. CHIEF CRIMINAL DEPUTY Warren J. Page CRIMINAL DEPUTIES Craig D. Chambers Elizabeth L. Gallery David A. Graham Eric J. Richey James T. Hulbert Ann L. Stodola Jeffrey D. Sawyer Anna Gigliotti Shannon Connor Christopher D. Quinn David E. Freeman Kari Hathorn Kyle Moore Dona Bracke Kristen Reid Date: December 16, 2011 Whatcom County Courthouse CHIEF CIVIL DEPUTY 311 Grand Avenue, Second Floor Randall J. Watts Bellingham, Washington 98225-4079 (360) 676-6784 / FAX (360) 738-2532 ASST CHIEF CIVIL DEPUTY COUNTY (360) 398-1310 Daniel L. Gibson CIVIL DEPUTIES Karen L. Frakes Royce Buckingham CIVIL SUPPORT RECEIVED ENFORCEMENT DEPUTIES Angela A. Cuevas Dionne M. Clasen DEC 1 9 2011 APPELLATE DEPUTIES Kimberly Thulin SHIRLEY FORSLOF Hilary A. Thomas WHATCOM COUNTY AUDITOR ADMINISTRATOR Kathy Walker To: Shirley Forslof/Debbie Adelstein From: Royce Buckingham, Attorney for Whatcom County RE: Ballot Title proposals for School Levies for the following districts: Bellingham School District 501 — Replacement Tech. Capital Projects Bellingham School District 501 — Replacement Ed. Support and Operations Blaine School District 503 — General Obligation Bonds Mt. Baker School District 507 — Educational Programs and Operations Replacement Mt. Baker School District 507 — Facilities and Tech. Dear Shirley and Debbie, The following reflects my review of the above (and enclosed) ballot title proposals: All of the proposals submitted meet the criteria for ballot titles and are approved by my office. Sincerely, Royce Bu ngham Attorney for the Whatcom County Auditor Whatcom County C��yA Auditor's Office SQi 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4186 HN� 360-676-6740 360-738-4556 FAX 360-738-4555 TTY auditor&o.whatcom.wa.us whatcom.wa.uslauditor Whatcom County Auditor Elections Division RECEIVED DEC 1 9 2011 SHIRLEY FORSLOF 12/15/2011 WHATCOM COUNTY AUDITOR TO: Prosecuting Attorney's Office / Royce Buckingham FROM: Shirley Forslof, County Auditor �u• SUBJ: Bellingham School District 501 Replacement Technology Capital Projects Levy Proposition No. 2 Please review the enclosed Ballot Title and headings for Bellingham School District No. 501 Replacement Technology Capital Projects Levy. Contact information is included if you need to discuss this matter with the district. I will await your confirmation letter of approval. Please return it to my office after your review is complete. Thank You. I:\Policies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM Prosecuting Atty ballot title letter.doc Whatcom County Courthouse 311 Grand Avenue, Suite 103 rp�•`oM �° Bellingham, WA 98225-4038 3 360-676-6740 360-738-4556 FAX y� 360-738-4555 TTY E-mail: auditor@co.whatcom.wa.us www.co.whatcom.wa.uslauditor Date Received. Received From BALLOT MEASURE RECEIPT 0IIVI0, Name of PreSenter I &I l i r harms � ) ►� S � c� 60) Name of Or ization ham, CAA q ezzs Whatcom County Auditor's Office Election Division 1-30(o I Lk I" Address (mo) b-i�-�5co Phone ofivia.Kenned�G�l�llir Lra�►srhWk.ory Ballot Issue Name: je, &Ae_00xn+ -Tedlnol o% CarhAj -Proj eJs LcU tj J�eSolutb-o, iJo. II - II The Auditor's Office, Election Division, acknowledges receipt of the above - named Proposition for inclusion in the I4,201ZElectio`n. Deputy Auditor I:\Policies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM RECEIPT for ballot measure.DOCAdopted 7/27/06 RECEIVED DEC 15 2011 SHIRLEY FORSLOF BELLINGHAM SCHOOL DISTRICT NO. WiATCOM COUNTY AUDITOR- WHATCOM COUNTY WASHINGTON REPLACEMENT TECHNOLOGY CAPITAL PROJECTS LEVY RESOLUTION NO. 11-I I A RESOLUTION of the Board of Directors of Bellingham School District No. 501, Whatcom County, Washington, providing for the submission to the qualified electors of the district at a special election to be held therein on February 14, 2012, of a proposition to authorize the district to levy an additional tax to provide a total of $25,750,000 for the District's Capital Projects Fund for technology improvements, equipment, and related costs, such levies to be made for four years commencing in 2012 for collection in the school years from 2012-2013 through 2016-2017. ADOPTED DECEMBER 8, 2011 Prepared by: PERKINS COTE LLP Seattle, Washington 0574M700/LEGAL22275862. I RESOLUTION NO. 11-I 1 A RESOLUTION of the Board of Directors of Bellingham School District No. 501, Whatcom County, Washington, providing for the submission to the qualified electors of the district at a special election to be held therein on February 14, 2012, of a proposition to authorize the district to levy an additional tax to provide a total of $25,750,000 for the District's Capital Projects Fund for technology improvements, equipment, and related costs, such levies to be made for four years commencing in 2012 for collection in the school years from 2012-2013 through 2016-2017. WHEREAS, the educational facilities of Bellingham School District No. 501, Whatcom County, Washington (the "District"), including technology facilities, are in need of modernization, improvements and expansion to meet the current and future educational and operational needs for its students; and WHEREAS, the current technology levies expire following the 2012 collections; and WHEREAS, funds available to the District will be insufficient to enable the District to implement such projects; and WHEREAS, in order to support the cost of these projects as found necessary by the Board of Directors, it is deemed advisable that the District levy a tax upon all the taxable property within the District in excess of the annual tax the District is permitted by law to levy without a vote of the people, such levy to be made for four years commencing in 2012 for collection in the school years from 2012 21013 through 2016-2017 inclusive, as authorized by Article VII, Section 2 of the State Constitution and RCW 84.52.053; and WHEREAS, the question of whether or not such excess tax may be levied must be submitted to the qualified electors of the District for their ratification or rejection; and WHEREAS, the conditions here and above set forth require the holding of a special election in the District; 05748-0700/LEGAL22275862.1 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF BELLINGHAM SCHOOL DISTRICT NO. 501, WHATCOM COUNTY, WASHINGTON as follows: Section 1. Findin . It is hereby found and declared that the welfare of the students and other residents of the District requires the District to carry out the improvements hereinafter provided. Section 2. Authorization of Improvements. The District shall modernize its educational and operational facilities through the acquisition, development, installation and implementation of technology systems, facilities and projects, including but not limited to enhancing infrastructure, acquiring hardware, licensing software, and implementing online applications and training related to the installation of the foregoing as an integral part of the District's technology systems, facilities, or projects; and through the application and modernization of technology systems for operations and instruction, and related capital expenses to support the instructional programs and operations of the District, including, but not limited to, the ongoing fees for online applications, subscriptions, or software licenses, including upgrades and incidental services, and ongoing training and other costs associated with the installation and application of these products or services; and shall make other capital expenditures, to the full extent permitted by law, as determined by the Board of Directors. The District may repay any obligations hereafter incurred for the foregoing purposes. 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; provided that such funds may be used only to support the construction, modernization, replacement, and remodeling of or maintenance to school facilities or the -2- 0574M700/LEGAL22275862.1 implementation, application and modernization of the District's technology systems, as permitted by law. If the District shall determine that it has become impracticable to accomplish any of such improvements or 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 levy 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 levy proceeds or any portion thereof to other portions of the improvements or to other capital purposes of the District, as the District in its discretion shall determine. Notwithstanding any provision of this resolution to the contrary, levy proceeds may only be used to support the construction, modernization or remodeling of or maintenance to school facilities or the implementation, application and modernization of the District's technology systems as described above or as authorized by the Board of Directors. Section 3. Authorization of Levies. It is hereby found and declared that the best interests of the District require the submission to the qualified electors of the District of the proposition whether the District shall make the Capital Projects Fund levies for their ratification or rejection at a special election to be held on February 14, 2012. For the purpose of providing funds necessary for the needs described in Section 2 above, the Whatcom County Auditor, as ex-officio supervisor of elections in Whatcom County, 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 providing for tax levies for the Capital Projects Fund for four years, commencing in 2012, producing dollar amounts at estimated tax -3- 0574M700/LBGAL22275862.1 rates per thousand dollars of assessed value to produce such amounts, in excess of the maximum amount tax levy permitted by law to be levied within the District without a vote of the electors, all as follows: A. $5,500,000, said levy to be made in 2012 for collection in 2013; and B. $6,750,000, said levy to be made in 2013 for collection in 2014, and C. $6,750,000, said levy to be made in 2014 for collection in 2015; and D. $6,750,000, said levy to be made in 2015 for collection in 2016. The estimated levy rate depends upon the final dollar amount of assessed value of the property within the District. At this time, based upon information provided by the Whatcom County Assessor's office, the estimated levy rate for the 2012 levy for collection in 2013 is $0.50 per thousand dollars of assessed valuation; the estimated levy rate for the 2013 levy for collection in 2014 is $0.60 per thousand dollars of assessed valuation; the estimated levy rate for the 2014 levy for collection in 2015 is $0.60 per thousand dollars of assessed valuation; and the estimated levy rate for the 2015 levy for collection in 2016 is $0.60 per thousand dollars of assessed valuation. The exact levy rate shall be adjusted based upon the actual assessed value of the property within the District at the time of the levy. Section 4. ARproval of Form of Ballot. The Secretary of the Board of Directors is hereby authorized and directed to certify said proposition to the Whatcom County Auditor, as ex- officio supervisor of elections in Whatcom County, substantially in the following form: -4- 05748-0700/LEGAL22275862.1 PROPOSITION NO. 2 BELLINGHAM SCHOOL DISTRICT NO. 501 REPLACEMENT TECHNOLOGY CAPITAL PROJECTS LEVY The Board of Directors of Bellingham School District No. 501 adopted Resolution #11- 11 concerning a technology modernization levy. The proposition authorizes acquiring and applying technology equipment, training, and other costs associated with District instruction and operations, and authorizes the following excess levies for such purposes on all taxable property within the District: Approximate Collection Levy Rate/$1,000 Levy Years Assessed Value Amount 2013 $0.50 $5,500,000 2014 $0.60 $6,750,000 2015 $0.60 $6,750,000 2016 $0.60 $6,750,000 all as provided in District Resolution #11-11 approved? YES......... ❑ NO......... ❑ Should this proposition be The Secretary of the Board of Directors is hereby authorized to deliver a certified copy of this resolution to the Whatcom County Auditor. -5- 0574M700/LEGAL22275862. I ADOPTED by the Board of Directors of Bellingham School District No. 501, Whatcom County, Washington, at a regular meeting thereof, held this 8th day of December, 2011. BELLINGHAM SCHOOL DISTRICT NO. 501, �� r F F--Kw�w�lrjn/�-- Director� ATTEST: Secretary, Boar of Directors -6- 0574M700/LEGAL22275862,1 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: That the attached resolution is a true and correct copy of Resolution No. 11-I I of the Board (the "Resolution" ), duly adopted at a regular meeting thereof held on the 8th day of December, 2011. 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 the Resolution; that all other requirements and proceedings incident to the proper adoption of the 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 8th day of December, 2011. Secretary, Board of Directors 0574M700/LEGAL22275862.1 OFFICIAL BALLOT BELLINGHAM SCHOOL DISTRICT NO. 501 WHATCOM COUNTY, WASHINGTON February 14, 2012 INSTRUCTIONS TO VOTERS: To vote in favor of the following proposition, place a cross (X) in the square opposite the word "YES"; to vote against the following proposition, place a cross (X) in the square opposite the word "NO." PROPOSITION NO. 2 BELLINGHAM SCHOOL DISTRICT NO. 501 REPLACEMENT TECHNOLOGY CAPITAL PROJECTS LEVY The Board of Directors of Bellingham School District No. 501 adopted Resolution #11-11 concerning a technology modernization levy. The proposition authorizes acquiring and applying technology, equipment, training, and other costs associated with District instruction and operations, and authorizes the following excess levies for such purposes on all taxable property within the District: Approximate Collection Levy Rate/$1,000 Levy Years Assessed Value Amount 2013 $0.50 $5,500,000 2014 $0.60 $6,750,000 2015 $0.60 $6,750,000 2016 $0.60 $6,750,000 all as provided in District Resolution #11-11. Should this proposition be approved? YES......... ❑ NO......... ❑ 05748-0700/LEGAL22275862.1 NOTICE BELLINGHAM SCHOOL DISTRICT NO. 501 WHATCOM COUNTY, WASHINGTON February 14, 2012 NOTICE IS HEREBY GIVEN that on February 14, 2012, a special election will be held by mail in the above -named school district for the submission to the qualified electors of said school district of the following proposition: PROPOSITION NO.2 BELLINGHAM SCHOOL DISTRICT NO. 501 REPLACEMENT TECHNOLOGY CAPITAL PROJECTS LEVY The Board of Directors of Bellingham School District No. 501 adopted Resolution #11-11 concerning a technology modernization levy. The proposition authorizes acquiring and applying technology, equipment, training, and other costs associated with District instruction and operations, and authorizes the following excess levies for such purposes on all taxable property within the District: Approximate Collection Levy Rate/$1,000 Levy Years Assessed Value Amount 2013 $0.50 $5,500,000 2014 $0.60 $6,750,000 2015 $0.60 $6,750,000 2016 $0.60 $6,750,000 all as provided in District Resolution #11-11. Should this proposition be approved? YES......... ❑ NO......... ❑ 05748z0700/LEGAL22275862.1 Whatcom County Auditor Whalcom County Courthouse Whatcom County 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 3 ` r'� Auditor's Office 360-676-6740 360-738-4556 FAX 4 Election Division 360 738-4555 TTY 4$k1r4 E-mail: auditor@co.whatcom.wa.us www.co.whatcom.wa.uslauditor BALLOT MEASURE RECEIPT Date Received: j2 1;5 11 Received From- O 11 V i 0, 41 n ect(4 Name of Presenter del I i rr 1qam �- 601 Name of Orgei2alion 13W dui �- 5+. dell; ham CAA � 2257 Address (3bo) vi b - ( tyco of ► v ► a. Ke tined Abell i(r 0M Sch�uk.ory Phone Email Ballot Issue Name: �ePw-o"r)+ —recjlnc f)�Lj CapAal -prD3 ecls (,GU Lj JReSolufiU-1 I40. II-1 The Auditor's Office, Election Division, acknowledges receipt of the above - named Proposition for inclusion in the Feb�l.�-ca 14-,201ZElection. Deputy Auditor I:\Policies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM RECEIPT for ballot measure.DOCAdopted 7127106 RECEIVED DEC 15 2011 SHIRLEY FORSLOF BELLINGHAM SCHOOL DISTRICT NO. MHATCOM COUNTY AUDITOR WHATCOM COUNTY WASHINGTON REPLACEMENT TECHNOLOGY CAPITAL PROJECTS LEVY RESOLUTION NO. 11-11 A RESOLUTION of the Board of Directors of Bellingham School District No. 501, Whatcom County, Washington, providing for the submission to the qualified electors of the district at a special election to be held therein on February 14, 2012, of a proposition to authorize the district to levy an additional tax to provide a total of $25,750,000 for the District's Capital Projects Fund for technology improvements, equipment, and related costs, such levies to be made for four years commencing in 2012 for collection in the school years from 2012-2013 through 2016-2017. ADOPTED DECEMBER 8, 2011 Prepared by: PERKINS COIE LLP Seattle, Washington 0574M700/LEGAL22275862.1 RESOLUTION NO. 11-11 A RESOLUTION of the Board of Directors of Bellingham School District No. 501, Whatcom County, Washington, providing for the submission to the qualified electors of the district at a special election to be held therein on February 14, 2012, of a proposition to authorize the district to levy an additional tax to provide a total of $25,750,000 for the District's Capital Projects Fund for technology improvements, equipment, and related costs, such levies to be made for four years commencing in 2012 for collection in the school years from 2012-2013 through 2016-2017. WHEREAS, the educational facilities of Bellingham School District No. 501, Whatcom County, Washington (the "District"), including technology facilities, are in need of modernization, improvements and expansion to meet the current and future educational and operational needs for its students; and WHEREAS, the current technology levies expire following the 2012 collections; and WHEREAS, funds available to the District will be insufficient to enable the District to implement such projects; and WHEREAS, in order to support the cost of these projects as found necessary by the Board of Directors, it is deemed advisable that the District levy a tax upon all the taxable property within the District in excess of the annual tax the District is permitted by law to levy without a vote of the people, such levy to be made for four years commencing in 2012 for collection in the school years from 2012-2013 through 2016-2017 inclusive, as authorized by Article VII, Section 2 of the State Constitution and RCW 84.52.053; and WHEREAS, the question of whether or not such excess tax may be levied must be submitted to the qualified electors of the District for their ratification or rejection; and WHEREAS, the conditions here and above set forth require the holding of a special election in the District; 05748-0700fLEGAL22275862.1 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF BELLINGHAM SCHOOL DISTRICT NO. 501, WHATCOM COUNTY, WASHINGTON as follows: Section 1. Findin . It is hereby found and declared that the welfare of the students and other residents of the District requires the District to carry out the improvements hereinafter provided. Section 2. Authorization of Improvements. The District shall modernize its educational and operational facilities through the acquisition, development, installation and implementation of technology systems, facilities and projects, including but not limited to enhancing infrastructure, acquiring hardware, licensing software, and implementing online applications and training related to the installation of the foregoing as an integral part of the District's technology systems, facilities, or projects; and through the application and modernization of technology systems for operations and instruction, and related capital expenses to support the instructional programs and operations of the District, including, but not limited to, the ongoing fees for online applications, subscriptions, or software licenses, including upgrades and incidental services, and ongoing training and other costs associated with the installation and application of these products or services; and shall make other capital expenditures, to the full extent permitted by law, as determined by the Board of Directors. The District may repay any obligations hereafter incurred for the foregoing purposes. 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; provided that such funds may be used only to support the construction, modernization, replacement, and remodeling of or maintenance to school facilities or the -2- 05748-0700/LEGAL22275862,1 implementation, application and modernization of the District's technology systems, as permitted by law. If the District shall determine that it has become impracticable to accomplish any of such improvements or 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 levy 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 levy proceeds or any portion thereof to other portions of the improvements or to other capital purposes of the District, as the District in its discretion shall determine. Notwithstanding any provision of this resolution to the contrary, levy proceeds may only be used to support the construction, modernization or remodeling of or maintenance to school facilities or the implementation, application and modernization of the District's technology systems as described above or as authorized by the Board of Directors. Section 3. Authorization of Levies. It is hereby found and declared that the best interests of the District require the submission to the qualified electors of the District of the proposition whether the District shall make the Capital Projects Fund levies for their ratification or rejection at a special election to be held on February 14, 2012. For the purpose of providing funds necessary for the needs described in Section 2 above, the Whatcom County Auditor, as ex-offcio supervisor of elections in Whatcom County, 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 providing for tax levies for the Capital Projects Fund for four years, commencing in 2012, producing dollar amounts at estimated tax -3- 05748-0700/L.EGAL22275862.1 rates per thousand dollars of assessed value to produce such amounts, in excess of the maximum amount tax levy permitted by law to be levied within the District without a vote of the electors, all as follows: A. $5,500,000, said levy to be made in 2012 for collection in 2013; and B. $6,750,000, said levy to be made in 2013 for collection in 2014, and C. $6,750,000, said levy to be made in 2014 for collection in 2015; and D. $6,750,000, said levy to be made in 2015 for collection in 2016. The estimated levy rate depends upon the final dollar amount of assessed value of the property within the District. At this time, based upon information provided by the Whatcom County Assessor's office, the estimated levy rate for the 2012 levy for collection in 2013 is $0.50 per thousand dollars of assessed valuation; the estimated levy rate for the 2013 levy for collection in 2014 is $0.60 per thousand dollars of assessed valuation; the estimated levy rate for the 2014 levy for collection in 2015 is $0.60 per thousand dollars of assessed valuation; and the estimated levy rate for the 2015 levy for collection in 2016 is $0.60 per thousand dollars of assessed valuation. The exact levy rate shall be adjusted based upon the actual assessed value of the property within the District at the time of the levy. Section 4. AA p oval of Form of Ballot. The Secretary of the Board of Directors is hereby authorized and directed to certify said proposition to the Whatcom County Auditor, as ex- officio supervisor of elections in Whatcom County, substantially in the following form: -4= 05748-0700/LEGAL22275862.1 PROPOSITION NO. 2 BELLINGHAM SCHOOL DISTRICT NO. 501 REPLACEMENT TECHNOLOGY CAPITAL PROJECTS LEVY The Board of Directors of Bellingham School District No. 501 adopted Resolution #11- 11 concerning a technology modernization levy. The proposition authorizes acquiring and applying technology equipment, training, and other costs associated with District instruction and operations, and authorizes the following excess levies for such purposes on all taxable property within the District: Approximate Collection Levy Rate/$1,000 Levy Years Assessed Value Amount 2013 $0.50 $5,500,000 2014 $0.60 $6,750,000 2015 $0.60 $6,750,000 2016 $0.60 $6,750,000 all as provided in District Resolution #11-11. Should this proposition be approved? YES......... ❑ NO......... ❑ The Secretary of the Board of Directors is hereby authorized to deliver a certified copy of this resolution to the Whatcom County Auditor. -5- 0574M700/LEGAL22275862.1 ADOPTED by the Board of Directors of Bellingham School District No. 501, Whatcom County, Washington, at a regular meeting thereof, held this 8th day of December, 2011. BELLINGHAM SCHOOL DISTRICT NO. 501, Director ATTEST: Secretary, Boar of Directors -6- 05748-0700/LEGAL22275862.1 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: That the attached resolution is a true and correct copy of Resolution No. 11-11 of the Board (the "Resolution"), duly adopted at a regular meeting thereof held on the 8th day of December, 2011. 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 the Resolution; that all other requirements and proceedings incident to the proper adoption of the 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 8th day of December, 2011. — 2�� - - Secretary, Board of Directors 05748-0700/LEGAL22275862.1 OFFICIAL BALLOT BELLINGHAM SCHOOL DISTRICT NO. 501 WHATCOM COUNTY, WASHINGTON February 14, 2012 INSTRUCTIONS TO VOTERS: To vote in favor of the following proposition, place a cross (X) in the square opposite the word "YES"; to vote against the following proposition, place a cross (X) in the square opposite the word "NO." PROPOSITION NO.2 BELLINGHAM SCHOOL DISTRICT NO. 501 REPLACEMENT TECHNOLOGY CAPITAL PROJECTS LEVY The Board of Directors of Bellingham School District No. 501 adopted Resolution #I I-11 concerning a technology modernization levy. The proposition authorizes acquiring and applying technology, equipment, training, and other costs associated with District instruction and operations, and authorizes the following excess levies for such purposes on all taxable property within the District: Approximate Collection Levy Rate/$1,000 Levy Years Assessed Value Amount 2013 $0.50 $5,500,000 2014 $0.60 $6,750,000 2015 $0.60 $6,750,000 2016 $0.60 $6,750,000 all as provided in District Resolution #11-11. Should this proposition be approved? YES......... ❑ NO......... ❑ 05748-0700/LEGAL22275862.1 NOTICE BELLINGHAM SCHOOL DISTRICT NO. 501 WHATCOM COUNTY, WASHINGTON February 14, 2012 NOTICE IS HEREBY GIVEN that on February 14, 2012, a special election will be held by mail in the above -named school district for the submission to the qualified electors of said school district of the following proposition: PROPOSITION NO. 2 BELLINGHAM SCHOOL DISTRICT NO. 501 REPLACEMENT TECHNOLOGY CAPITAL PROJECTS LEVY The Board of Directors of Bellingham School District No. 501 adopted Resolution #11-11 concerning a technology modernization levy. The proposition authorizes acquiring and applying technology, equipment, training, and other costs associated with District instruction and operations, and authorizes the following excess levies for such purposes on all taxable property within the District: Approximate Collection Levy Rate/$1,000 Levy Years Assessed Value Amount 2013 $0.50 $5,500,000 2014 $0.60 $6,750,000 2015 $0.60 $6,750,000 2016 $0.60 $6,750,000 all as provided in District Resolution #11-11. Should this proposition be approved? YES......... ❑ NO......... ❑ 0574M700/LEGAL22275862.1 Whatcom County Auditor