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Home My WebLink About2013 - Bellingham School District No. 501 Prop 2013-General Obligation BondS $160,000,000 Gen Election Nov 5, 2013-Passed 66.07%r PpND mb"%wil a t Ballot Measure Submitted: -6-t1l`VKA _W i. , :'C13 -- I Date Initial -u (�0 Notes JUL 10 Z013 Submitted by: iC0j,1,;C41h Contact Phone #: ? 7,p If submitted by mail Email Address: ��v7' obtains this info Checks signed by Commissioners orig signatures or certified copy Date Stamps Submittal, Makes copy for filer If Document Calling for an election is included in the submittal, have Auditor or Deputy Auditor sign Fills out receipt & gives original to the filer; if submitted by mail returns original to submitter. Makes a copy for the Auditor File If measure will be in the Primary or General Election, gives Local Voters' Pamphlet handout to filer. With another staff member, confirms everything complete Creates folder (See Steps 6-9 in PROC) Election Clerk prepares letter to the Pros Atty with copy of measure and receipt (county & districts only); gives folder to CDA for review. Gives copies of proposed measure to Auditor & Election Supervisor -7 5 CDA routes folder to Auditor after review Auditor signs letter and hand delivers packet to the Prosecuting Attorney �j Date stamps returned letter of approval from Pros Atty Reviewed by Auditor; assigns number if needed. Put photocopy of applicable district validation report inside folder. Write on upper left corner of folder basis for measure passing, i.e., simple majority, etc. loe< Email to submitter after Ballot approval using receipt capability into it; mails copies to any other requestors. Completes Certificate of Mailing Set -Up in EIMS Am$ RMTo 1llr., Ballot Layout Created / Completed After Election 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) Frop . 20/3 - f Bellingham School District # 501 General Obligation Bonds $160,000,000 �Ass� A�W� Ow, 6 7 Plo Certificate of Distribution A letter regarding the exact ballot title to be used was scanned and emailed to: on d I3 Copies of the letter were provided to other parties by regular mail, email or fax: Name of Party Letter Sent To: Mailed, emailed, or faxed and Date: Name of _ Sender: I (:\Policies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM Certificate of Distribution - Exact title.doc Amended03l06/13 Whatcom County Courthouse 311 Grand Avenue, Suite 103 pSGOhI C�4 Whatcom County Bellingham, WA 98225-4038 �A Auditor's Office Phone: 360-676-6740 Fax: 360-738-4556 r Hrn�RUGHvED Vf TTY: 360-738-4555 E-mail: Auditor&o.whatcom.wa.us Internet: www.whatcomcounty.us/auditor JUL 1. 0 2013 DEBBIE ADELSTEIN Ballot Measure Receipt WHATCOM COUNTI(AUDITOR Date Received: lD Received From: P 190k, (204)ct v) Name off Presenter r r L Name of Ora lion tL on_ P� U'a I i Address 36D-,6.Y-6-6i5oo 12ov�,C6)4�C Gt(ibelllij ��i�sc%1SE�r . Phone Email Ballot Issue Name: The Auditor's Office, Election Division, acknowledges ceipt of the above - named Proposition for inclusion in the Election. kLdQf__� Depu itor Ballot Measure Memo Receipt If the ballot measure will be on the Primary or General Election ballot, Presenter acknowledges receipt of the memo packet regarding ballot measure explanatory statements, appointment of pro and con committees, committee forms, and committee statement requirements for use in the Local Voters' Pamphlet. Presenter I:\Policies & Procedures\Elections\02_Pre-Election\02_Filing -Ballot Measures\FRM RECEIPT for ballot measure.DOC Rev. 01/14/13 RECEIVED JUL r 0 2013 DEBBIE ADELSTEIN WHATCDNI COUNTYAIIDITOR BELLINGHAM SCHOOL DISTRICT NO. 501 WHATCOM COUNTY, WASHINGTON GENERAL OBLIGATION BONDS RESOLUTION NO. 14-13 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 November 5, 2013, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $160,000,000, or so much thereof as may be issued under the laws governing the indebtedness of school districts for the purpose of providing funds for the renovation, upgrade and new construction of school facilities, and authorizing the Superintendent and/or Assistant Superintendent, Finance and Operations to submit a request for eligibility for the Washington State School District Credit Enhancement Program. ADOPTED JUKE 27, 2013 PREPARED BY: K&L GATES LLP Seattle, Washington BELLINGHAM SCHOOL DISTRICT NO. 501 RESOLUTION NO. 14-13 TABLE OF CONTENTS* Pa,e Recitals.......................................................................................................................................... 1 Section1. Findings.................................................................................................................2 Section 2. Capital Improvements........................................................................................... 2 Section 3. Authorization of Bonds......................................................................................... 4 Section4. Details of Bonds.................................................................................................... 5 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 and the cover page are not a part of this resolution; they are included for convenience of the reader only. -1- PA20287_CMW%20287_A6M RESOLUTION NO. 14-13 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 November 5, 2013, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $160,000,000, or so much thereof as may be issued under the laws governing the indebtedness of school districts for the purpose of providing funds for the renovation, upgrade and new construction of school facilities, and authorizing the Superintendent and/or Assistant Superintendent, Finance and Operations to submit a request for eligibility for the Washington State School District Credit Enhancement Program. WHEREAS, improved facilities are needed in Bellingham School District No. 501, Whatcom County, Washington (the "District") in order to provide the students of the District with safe, adequate and efficient educational facilities; and WHEREAS, in order to provide all or a part of the funds to enable the District to undertake renovations and upgrades to extend the life of the District's existing facilities, including elementary and high school buildings and construct new replacement school buildings, it is deemed necessary and advisable that the District issue and sell its unlimited tax general obligation bonds to provide fiinds for such purposes; 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; and WHEREAS, in RCW ch. 39.98 (the "Credit Enhancement Act"), the State Legislature established 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 THE 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 and equip a new gymnasium, cafeteria and elevator, convert the existing gymnasium to classroom space and undertake improvements to comply with the Americans With Disabilities Act requirements at Lowell Elementary School; + Acquire, construct and equip a new school to replace Happy Valley Elementary School; + Construct and equip a new gymnasium or cafeteria and other building improvements at Parkview Elementary School; -2- PA20287 CMWT0287 A6M ■ Acquire, construct and equip a new school to replace Option High School (involves the replacement of seven portable buildings); ■ Acquire, construct and equip a new school to replace Sehome High School on the same site; + Install synthetic turf fields at Bellingham and Squalicum High Schools; + Renovate the existing District offices; ■ Undertake capital improvements at the District's transportation facility, including roofing, windows, walls, doors, heating and ventilation systems; + Undertake safety and energy improvements to educational facilities throughout the District, including but not limited to access control, video, communications, DDC controls, HVAC systems, roofing, painting and flooring; + At the conservation site, undertake a feasibility study, design, and infrastructure, including water, electricity, septic, and construct a large group structure; and + Construct and equip a new central kitchen for the District. The cost of all necessary planning, architectural, engineering, and other consulting services, inspection and testing, administrative and relocation expenses, on and off -site utilities, related improvements and other costs incurred in connection with the making of the foregoing capital improvements shall be deemed a part of the costs of the Improvements. Such Improvements shall include all necessary furniture, equipment and appurtenances. If available funds are sufficient from the proceeds of Bonds authorized for the above purposes, the District may use such funds to acquire sites for facilities of the District or to pay -3- P:\20287-CMW\20287-A6M the principal of or interest on the Bonds, In the alternative, if available funds are sufficient from the proceeds of Bonds authorized for the above purposes and/or state and local circumstances require, the District may use such funds to acquire, construct, equip, modernize 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. It is anticipated that the District may receive funds from the State of Washington pursuant to Chapter 28A.525 RCW. To the extent that such state funds are not received timely and used to pay costs of the Improvements, the District intends to apply such state funds to construct and equip a new warehouse for District use and/or future school facility construction projects, including planning and design of such District facilities. Such state 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 all or a part of the funds necessary to pay the cost of the Improvements, together with incidental costs and costs related to the sale and issuance of the bonds, the District shall issue and sell its unlimited tax general obligation bonds in the principal amount of not to exceed $160,000,000. The balance of the cost of the Improvements shall be paid out of any money which the District now has or may later have on hand which are legally available for such purposes. 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 State of Washington or exceeding the amount permitted by the Constitution and laws of the State of Washington. -4- P:\20287-CMW\2O287-A6M 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 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 (including original issue discount) 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. 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. Election. It is hereby found and declared that the best interests of the District requires the submission to the qualified electors of the District of the proposition of whether the District shall issue the Bonds at a special election to be held on November 5, 2013. The Whatcom County Auditor as ex officio supervisor of elections is hereby requested also 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:\20287-CMW\2O287-A6M PROPOSITION NO. 1 BELLINGHAM SCHOOL DISTRICT NO. 501 (BELLINGHAM PUBLIC SCHOOLS) GENERAL OBLIGATION BONDS - $160,000,000 The Board of Directors of Bellingham School District No. 501 adopted Resolution No. 14-13 concerning this proposition for bonds. This proposition would authorize renovations, student safety and other upgrades to designated schools and facilities throughout the district to extend their useful life and construct replacement buildings for Sehome High School, Options/Innovations High School and Happy Valley Elementary School, to issue $160,000,000 of general obligation bonds maturing within a maximum of 20 years, and to levy excess property taxes annually to repay the bonds, as provided in Resolution No. 14-13. Should this proposition be: APPROVED......................................................................................... IE REJECTED........................................................................................... 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 Eligibility 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 and/or Assistant Superintendent, Finance and Operations is hereby authorized (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 contained herein; provided, however, that any provision which shall for any reason be -6- PA20287 CMW\202B7 AW 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 27th day of June, 2013. ATTEST: Secretao the Board of Directors BELLINGHAM SCHOOL DISTRICT NO. 501, WHATCOM COUNTY, WASHINGTON Directors -7- PA20287 CMW\202B7 A6M 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. 14-13 of the Board (herein called the "Resolution"), duly adopted at a regular meeting thereof held on the 27th day of June, 2013. 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 27th day of June, 2013. Secretary of the Board of Directors P:%20287 CMWU0287 A6M OFFICIAL BALLOT BELLINGHAM SCHOOL DISTRICT NO. 501 WHATCOM COUNTY, WASHINGTON November 5, 2013 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 (X) in the square o osite the word "REJECTED." PROPOSITION NO. 1 BELLINGHAM SCHOOL DISTRICT NO. 501 (BELLINGHAM PUBLIC SCHOOLS) GENERAL OBLIGATION BONDS - $160,000,000 The Board of Directors of Bellingham School District No. 501 adopted Resolution No. 14-13 concerning this proposition for bonds. This proposition would authorize renovations, student safety and other upgrades to designated schools and facilities throughout the district to extend their useful life and construct replacement buildings for Sehome High School, Options/Innovations High School and Happy Valley Elementary School, to issue $160,000,000 of general obligation bonds maturing within a maximum of 20 years, and to levy excess property taxes annually to repay the bonds, as provided in Resolution No. 14-13. Should this proposition be: APPROVED......................................................................................... REJECTED........................................................................................... P:%20267 CMW%20267 A6M NOTICE OF SPECIAL ELECTION BELLINGHAM SCHOOL DISTRICT NO. 501 WHATCOM COUNTY, WASHINGTON November 5, 2013 NOTICE IS HEREBY GIVEN that on Tuesday, November 5, 2013, 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. 1 BELLINGHAM SCHOOL DISTRICT NO. 501 (BELLINGHAM PUBLIC SCHOOLS) GENERAL OBLIGATION BONDS - $160,000,000 The Board of Directors of Bellingham School District No. 501 adopted Resolution No. 14-13 concerning this proposition for bonds. This proposition would authorize renovations, student safety and other upgrades to designated schools and facilities throughout the district to extend their useful life and construct replacement buildings for Sehome High School, Options/Innovations High School and Happy Valley Elementary School, to issue $160,000,000 of general obligation bonds maturing within a maximum of 20 years, and to levy excess property taxes annually to repay the bonds, as provided in Resolution No. 14-13. Should this proposition be: APPROVED......................................................................................... REJECTED........................................................................................... Whatcom County Auditor P:t20287 CMWX20287 A6M 4C.0m Cb 3�P Official Canvass of the General and Special Election for Bellingham School District 501 Whatcom County, Washington �9 r G °� Held Tuesday, November 5, 2013 State of Washington County of Whatcom The undersigned, being the officers designated by law as constituting the Whatcom County Canvassing Board, have completed the canvass of votes as it pertains to the General and Special Election held November 5, 2013, within the boundaries of Bellingham School District 501, Whatcom County, State of Washington. The proposition would issue $160,000,000 of general obligation bonds and levy excess property taxes annually to repay the bonds for renovations and upgrades to designated schools. Minimum Numbers for Validation: Number of persons voting last General Election: 54,754 40% Minimum Turnout Required: 21,902 Needs 60% Yes Vote of TOTAL Turnout Actual Results: Approved - 20,959 Rejected - 10,764 Total Votes — 31,723 66.07% 33.93% The minimum required turnout was met and the proposition received at least 60% Yes vote of the total turnout and therefore, Passed. - - WITNESS our hand and seal this 26th day of November, 2013. WHATCOM COUNTY CANVASSING BOARD r C ebbie Adelstein, County Auditor r Ray Br�g m, Civil Deputy Prosecuting Attorney Pete Kremen, County Council Chair Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: (360) 676-6740 Fax: (360) 738-4556 Email: auditor@co.whatcom.wa.us Internet: www.whatcomcounty.us/auditor November 26, 2013 Dr. Gregory Baker Bellingham School District 501 1306 Dupont St. Bellingham, WA 98225 Dear Dr. Baker: Debbie Adelstein County Auditor Diana Bradrick Chief Deputy Auditor Enclosed please find a copy of the certification of Bellingham School District 501, Proposition No. 2013-1, General Obligation Bonds - $160,000,000, from the November 5, 2013 General Election. For the Summary Report of the Official Election Results and for the Precinct by Precinct Abstract, please refer to our website at www.whatcomcounty.us/auditor. If you have any questions, please feel free to give me a call at 715-7474. Sincerely, Debbie Adelstein County Auditor Enclosure Licensing Recording Elections Administration Licensing@co.whatcom.wa.us Recording@co.whatcom.wa.us Elections@co.whatcom.wa.us Auditor@co.whatcom.wa.us We gladly accept 360-676-6740 360-676-6740 360-676-6742 360-715-7474 relay calls. OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION O b , K-12 Fiscal Services & Policy Old Capitol Building. PO Box 47200 OLYMPIA WA 98504-7200 j P l®C lLC (360) 725-6111 TTY (360) 664-3631 COUNTY AUDITOR'S SCHOOL DISTRICT FINANCING ELECTIONS REPORTING FORM School District Name: Bellingham School District 501 Election Date: 11/5/13 Auditor Name: Debbie Adelstein Date: 11/26/13 I. Minimum Voter Turnout Requirements for Bond Issues Total votes cast at last qualifying State General Election: 54,754 II. Canvass of Election Proposition Dollar Type of Number of Number of Number Amount Election* Votes Votes Percentage Percentage For Against Accepted Declined 2013-1 $160,000,000 BO 20,959 10.764 66.07% 33.93% *Type of Election Codes BO Bond M&O Maintenance & Operation CP Capital Project TVF Transportation Vehicle Fund Ill. Lead/Joint Counties: N/A SEND COMPLETED REPORT WITH A BALLOT ATTACHED TO. JoLynn Berge Chief Financial Officer K-12 Fiscal Services & Policy Office of Superintendent of Public Instruction PO BOX 47200 OLYMPIA WA 98504-7200 OR E-MAIL COMPLETED REPORT WITH A BALLOT ATTACHED TO: 'ackie.hansman k12.wa.us Jackie Hansman, Exec. Assistant 360-725-6111 FORM SPI M-466 (REV 03/01/13) Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: (360) 676-6740 Fax: (360) 738-4556 Email: auditor@co.whatcom.wa.us Internet: www.whatcomcounty.us/auditor ELECTION RESULTS RECEIPT Debbie Adelstein County Auditor Diana Bradrick Chief Deputy Auditor Copies of the Bellingham School District 501, Proposition No. 2013-1, General Obligation Bonds - $160,000,000, election results from the November 5, 2013 General Election, have been delivered to the Assessor's and Treasurer's Office. Receipt Acknowledged: ASSESSOR'S OFFICE: Narne r. TREASURER'S OFFICE: Na 1(-2,� - /3 Date II Z6 - 0 Date Licensing Recording Elections Administration Licensing@comhatcornma.us Recording@co.whatcomma.us Elections@co.whatcomma.us Auditor@co.whatcomma.us We gladly accept 360-676-6740 360-676-6740 360-676-6742 360-715-7474 relay calls. CO P gs�►rsab'�� VALIDATION FIGURES for School District Elections to be held in 2013 Whatcom County, Washington The validation figures are based on the number of voters who voted in each school district in the last General Election held on November 6, 2012. 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 Minimum Number of Persons 40% Voting Last General Turnout _(Bonds_On/Y� 54,754 21,902 15,057 6,023 8,438 3,376 10,432 4,173 4,185 1,674 4,640 1,856 7,180 2,872 34 (Whatcom portion) Please consult your legal counsel to determine what numbers will apply to the type of proposition you will be submitting. It is your responsibility to tell us what you are submitting: a bond, a levy, a levy lid left, etc. 2013 ELECTION DATES (RCW 29A.56.020, 29A.04.311, .321 and. 330) 2013 Election Dates February 12, 2013 April 23, 2013 Resolution Deadlines December 28, 2012 March 8, 2013 Candidate filing week May 13 — May 17, 2013 August 6, 2013 (Primary) May 10, 2013 November 5, 2013 (General) August 6, 2013 The State Legislature may change the date(s) of an election(s). Debbie Adelstein, County Auditor Nancy Moore From: Royce Buckingham Sent: Monday, August 19, 2013 10:11 AM To: Nancy Moore; Karen Frakes Subject: RE: Explanatory Statement for BSD Measure Nancy, That looks appropriate. I approve of this version submitted by BSD's attorney, Jeff Ganson. Thank you, Royce Buckingham Civil Deputy Prosecuting Attorney for Whatcom County rbucking co.whatcom.wa.us 360-676-6784 From: Nancy Moore Sent: Friday, August 16, 2013 9:15 AM To: Karen Frakes Cc: Royce Buckingham Subject: FW: Explanatory Statement for BSD Measure Dear Karen or Royce, Will you please review the revised explanatory statement written by BSD's attorney and let me know as soon as possible if I may proceed with this. Thank you very much. Sincerely, Nancy 9K. Moore Office Coordinator Whatcom County Auditor's Office 311 CjrandAve., Suite 103 Beffingham, W,4 98225 (360) 676-6740, e4. # (pound key) 50071 Nancy Moore From: Karen Frakes Sent: Friday, August 16, 2013 3:28 PM To: Nancy Moore Subject: RE: Explanatory Statement for BSD Measure I just realized that I responded to the Bellingham School District person rather than you. I am fine with the new language. From: Nancy Moore Sent: Friday, August 16, 2013 9:15 AM To: Karen Frakes Cc: Royce Buckingham Subject: FW: Explanatory Statement for BSD Measure Dear Karen or Royce, Will you please review the revised explanatory statement written by BSD's attorney and let me know as soon as possible if I may proceed with this. Thank you very much. Sincerely, Nancy 911. Moore Office Coordinator Whatcom County Auditor's Office 311 GrandAve., Suite 103 Beffng&am, 'WA 98225 (360) 676-6740, ext. # (pound key) 50071 Nancy Moore From: Tanya Rowe <Tanya.Rowe@bellinghamschools.org> Sent: Friday, August 16, 2013 9:02 AM To: Debbie Adelstein; Nancy Moore Cc: Janet Kennedy; jeff@pfrwa.com Subject: Explanatory Statement for BSD Measure Good morning, Debbie and Nancy. Thank you for your help and to Karen for her edits on our explanatory statement. Our legal counsel reviewed Karen's version and added the financial information at your suggestion. Here is the explanatory statement as prepared by our legal counsel: This bond measure would fund replacement buildings for Sehome High, Happy Valley Elementary, and Options/Innovations High; improvements at Parkview and Lowell Elementaries; preventative maintenance such as roof repairs; energy efficiency projects; student safety upgrades; a central cooking kitchen; earthquake safety and renovations for the district office; transportation facility update; high school field improvements; and upgrades at the Gordon Carter Conservation Site. The current bond tax rate is 90 cents per $1,000 assessed value. This rate would increase in 2014 by 49 cents, then decrease in subsequent years, settling to 26 cents above the current bond tax rate by 2019. Our legal counsel who worked on this is: Jeff Ganson, Attorney PORTER FOSTER RORICK LLP T 206.622.0203 • C 425.269.6470 www.pfrwa.com Please let Jeff and me know if you have any questions. Thanks again for all of your assistance with this! Tanya Rowe Executive Director, Department of Communications and Community Relations Bellingham Public Schools 1306 Dupont Street Bellingham, WA 98225 (360) 676-6520 httR://www.bellinahamschools.o Debbie Adelstein From: Debbie Adelstein Sent: Friday, August 09, 2013 3:04 PM To: ron.cowan@bellinghamschools.org Subject: Explanatory Statement for BSD Measure Attachments: BSD Explanatory statement.docx; BSD Explanatory Stmt_20130809145419.pdf Ron: attached is a revised version of the explanatory statement as edited by Karen Frakes, Civil Prosecuting Attorney, as well as the marked up version from what you submitted. Our instructions in the guide supplied to your office was that the explanatory statement should be prepared by the attorney for the district submitting the ballot measure (subject to the review of our Prosecuting Attorney's office). If you would prefer to have your attorneys prepare one we could consider that in the alternative. I also note that in many past instances you have submitted items that reflect the price per assessed valuation but have not done so on this measure. Is that something you would normally do? Let me know. Debbie Adelstein • Whatcom County Auditor (360) 715-7474 www.whatcomcounty.uslauditor Do you really need to print this email? Think green. NOTICE: This email and related attachments and any response may be subject to public disclosure under state law. Bellingham School District Explanatory Statement As revised by Civil Prosecuting Attorney Karen Frakes This bond funds replacement buildings for Sehome High, Happy Valley Elementary, and Options/Innovations High; Parkview and Lowell elementary school improvements; preventative maintenance such as roof repairs; energy efficiency projects; student safety upgrades; central cooking kitchen; earthquake safety and renovations for district office; transportation facility update; high school field improvements; and upgrades at the Gordon Carter Conservation Site. I 4,A-� A�. W410 C" �,, / Ce Bellingham Public Schools Explanatory Statement for Voter's Guide p ry 7o H iasV-9-WAWU� ��- 'en. This bond funds a #build�i of Sehome High and Happy Valley Elementary, and Options/Innovations High to te"ta&mts Parkview and Lowell elementary school improvements; preventative maintenance such as roof repairs tad ' rteighburhmd sc ; energy efficiency projects; student safety upgrades; central cooking kitchen ; earthquake safety and renovations for district office; transportation facility update; high school field improvements; and upgrades at the Gordon Carter Conservation Site. Debbie Adelstein From: Karen Frakes Sent: Friday, August 09, 2013 12:03 PM To: Debbie Adelstein Subject: RE: Explanatory Statement for BSD This looks good. From: Debbie Adelstein Sent: Friday, August 09, 2013 11:46 AM To: Karen Frakes Cc: Nancy Moore Subject: Explanatory Statement for BSD Attached is the language as you marked up the version submitted by the school district. I included one additional word change in that this release stated the "rebuild" of the three schools. The ballot itself calls it "to construct replacement buildings". If that meets with your approval, please initial off on this and return to me. I asked Ron Cowan who had prepared this statement so we would know who to contact if it was one of the attorneys. But it was written by the district's pr person. I suggested they might have a discussion about how the explanatory statement needs to be neutral. Debbie Adelstein • Whatcom County Auditor (360) 715-7474 www.whatcomcounty.us(auditor Do you really need to print this email? Think green. NOTICE: This email and related attachments and any response may be subject to public disclosure under state law. Debbie Adelstein From: Debbie Adelstein Sent: Friday, August 09, 2013 11:46 AM To: Karen Frakes Cc: Nancy Moore Subject: Explanatory Statement for BSD Attachments: BSD Explanatory statement.docx Attached is the language as you marked up the version submitted by the school district. I included one additional word change in that this release stated the "rebuild" of the three schools. The ballot itself calls it "to construct replacement buildings". If that meets with your approval, please initial off on this and return to me. I asked Ron Cowan who had prepared this statement so we would know who to contact if it was one of the attorneys. But it was written by the district's pr person. I suggested they might have a discussion about how the explanatory statement needs to be neutral. Debbie Adelstein • Whatcom County Auditor (360) 715-7474 www.whatcomcounty.uslauditor Do you really need to print this email? Think green. NOTICE: This email and related attachments and any response may be subject to public disclosure under state law. I This bond funds replacement buildings for Sehome High, Happy Valley Elementary, and Options/Innovations High; Parkview and Lowell elementary school improvements; preventative maintenance such as roof repairs; energy efficiency projects; student safety upgrades; central cooking kitchen; earthquake safety and renovations for district office; transportation facility update; high school field improvements; and upgrades at the Gordon Carter Conservation Site. Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: (360) 676-6740 Fax: (360) 738-4556 Email: auditor@co.whatcom.wa.us Internet: www.whatcomcounty.uslauditor It OM °0u Debbie Adelstein V . County Auditor Diana Bradrick �$iI1N6C0 Chief Deputy Auditor To: Royce Buckingham, Prosecuting Attorney's Office From: Nancy Moore, Auditor's Owe-- f Date: August 9, 2013 Re: Bellingham School District 501 Proposition No. 2013-1 General Obligation Bonds - $160,000,000 Please review the enclosed explanatory statement submitted by Bellingham School District 501. 1 have enclosed a copy of the aforementioned ballot measure for reference. The explanatory statement meets the 100-word limit. Please return the explanatory statement with any revisions as soon as possible. Thank you. Licensing Recording Elections Administration Licensing@comhatcornma.us Recording@comhatcommams Elections@co.whatcomma.us Auditor@comhatcomma.us 360-676-6740 360-676-6740 360-676-6742 360-715-7474 TTY 360-738-4555 OFFICIAL BALLOT BELLINGHAM SCHOOL DISTRICT NO. 501 WHATCOM COUNTY, WASHINGTON November 5, 2013 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 (X) in the square opposite the word "REJECTED." PROPOSITION NO. 1 BELLINGHAM SCHOOL DISTRICT NO. 501 (BELLINGHAM PUBLIC SCHOOLS) GENERAL OBLIGATION BONDS - $160,000,000 The Board of Directors of Bellingham School District No. 501 adopted Resolution No. 14-13 concerning this proposition for bonds. This proposition would authorize renovations, student safety and other upgrades to designated schools and facilities throughout the district to extend their useful life and construct replacement buildings for Sehome High School, Options/Innovations High School and Happy Valley Elementary School, to issue $160,000,000 of general obligation bonds maturing within a maximum of 20 years, and to levy excess property taxes annually to repay the bonds, as provided in Resolution No. 14-13. Should this proposition be: APPROVED......................................................................................... REJECTED.................................................................. --..................... P:%20287 CMW%20287 A6M Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: (360) 676-6740 Fax: (360) 738-4556 Email: auditor@co.whatcom.wa.us Internet: www.whatcomcounty.us/auditor Ps�OM CO Debbie Adelstein �A County Auditor Diana Bradrick Chief Deputy Auditor To: Royce Buckingham, Prosecuting Attorney's Office From: Nancy Moore, Auditor's Date: August 9, 2013 Re: Bellingham School District 501 Proposition No. 2013-1 General Obligation Bonds - $160,000,000 Please review the enclosed explanatory statement submitted by Bellingham School District 501. 1 have enclosed a copy of the aforementioned ballot measure for reference. The explanatory statement meets the 100-word limit. Please return the explanatory statement with any revisions as soon as possible. Thank you. Licensing Recording Elections Administration Licensing@comhatcomma.us Recording@comhatcomma.us Elections@co.whatcomma.us Auditor@comhatcomma.us 360-676-6740 360-676-6740 360-676-6742 360-715-7474 TTY 360-738-4555 Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: (360) 676-6740 Fax: (360) 738-4556 Email: auditor@co.whatcom.wa.us Internet: www.whatcomcounty.us/auditor Gam Co 9`4HFNU o� Debbie Adelstein County Auditor Diana Bradrick Chief Deputy Auditor E-mailed to Ron Cowan, Assistant Superintendent Finance & Operations, Bellingham School District 501 July 25, 2013 Ron Cowan, Assistant Superintendent Bellingham School District 501 1306 Dupont St. Bellingham, WA 98225 RE: Bellingham School District No. 501 General Obligation Bonds - $160,000,000 Dear Ron: The ballot title referenced above has been received and will appear on the November 5, 2013, General Election ballot. Changes to the heading have been made as follows: Bellingham School District 501 Proposition No. 2013-1 General Obligation Bonds - $160,000,000 All other language will remain the same as submitted - This notice is being provided pursuant to RCW 29A.36.080- Sincerely, Debbie Adelstein County Auditor Licensing Recording Elections Administration Licensing@co.whatcom.wa.us Recording@co.whatcomwa.us Elections@co.whatcornma.us Auditor@co.whatcom.wa.us 360-676-6740 360-676-6740 360-676-6742 360-715-7474 TTY 360-738-4555 Debbie Adelstein From: Sent: To: Subject: Attachments: See attached approval letter. Debbie Adelstein Thursday, July 25, 2013 2:12 PM 'ron.cowan@bellinghamschools.org' Ballot Title bsd 501 ballot title_20130725140940.pdf Debbie Adelstein • Whatcom County Auditor (360) 715-7474 www.whatcomcour!ty.uslaudit_or Do you really need to print this email? Think green. NOTICE: This email and related attachments and any response may be subject to public disclosure under state law. Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: (360) 676-6740 Fax: (360) 738-4556 Email: auditor@co.whatcom.wa.us Internet: www,whatcomcounty.us/auditor FOR IMMEDIATE RELEASE: P�GOiri �G G,y s'r �`n'j'1FHGT� UPDATED Debbie Adelstein County Auditor Diana Bradrick Chief Deputy Auditor Auditor Seeks Committee Opposing Bellingham School District's General Obligation Bonds Bellingham, WA, September 25, 2013: Bellingham School District 501 has submitted a resolution for the November 5 General Election ballot proposing to issue $160,000,000 of general obligation bonds and to levy excess property taxes annually to repay the bonds. This proposition would authorize renovations and upgrades to designated schools and facilities throughout the district and construct replacement buildings for Sehome High School, Options/Innovations High School and Happy Valley Elementary School. The School District has appointed a "Pro" committee who will submit a statement in favor of the proposition for the Whatcom County Local Voters' Pamphlet. They have not been able to identify a "Con" Committee. The Auditor is required to make an effort to identify interested individuals and appoint them to such a "Con" committee who will submit a statement for the voters' pamphlet recommending rejection of the proposition. There is a short window of time to allow for this. Persons interested in submitting a statement against the proposition should contact Debbie Adelstein, County Auditor, at (360) 715-7474, no later than Thursday, August 1. For additional information contact: Debbie Adelstein, Whatcom County Auditor, (360) 715-7474 or Diana Bradrick, Chief Deputy Auditor, (360) 676-6740, ext. #50065 Licensing Recording Elections Ad min istrationllnternal Audit Licensing@comhatcornma.us Recording@co.whatcornma.us Elections@comhatcornma.us Auditor@comhatcomma.us 360-676-6740 360-676-6740 360-676-6742 360-676-6740 TTY 360-738-4555 Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: (360) 676-6740 Fax: (360) 738-4556 Email: auditor@co.whatcom.wa.us Internet: www.whatcomcounty.us/auditor FOR IMMEDIATE RELEASE: CO co �93Hlm to Debbie Adelstein County Auditor Diana Bradrick Chief Deputy Auditor Auditor Seeks Committee Opposing Bellingham School District's General Obligation Bonds Bellingham, WA, September 25, 2013: Bellingham School District 501 has submitted a resolution for the November 5 General Election ballot proposing to issue $160,000,000 of general obligation bonds and to levy excess property taxes annually to repay the bonds. This proposition would authorize renovations and upgrades to Sehome High School, Options/Innovations High School and Happy Valley Elementary School. The School District has appointed a "Pro" committee who will submit a statement in favor of the proposition for the Whatcom County Local Voters' Pamphlet. They have not been able to identify a "Con" Committee. The Auditor is required to make an effort to identify interested individuals and appoint them to such a "Con" committee who will submit a statement for the voters' pamphlet recommending rejection of the proposition. There is a short window of time to allow for this. Persons interested in submitting a statement against the proposition should contact Debbie Adelstein, County Auditor, at (360) 715-7474, no later than Thursday, August 1. For additional information contact: Debbie Adelstein, Whatcom County Auditor, (360) 715-7474 or Diana Bradrick, Chief Deputy Auditor, (360) 676-6740, ext. #50065 Licensing Recording Elections Administrationlinternal Audit Licensing@comhatcornma.us Recording@comhatcornma.us Elections@comhatcornma.us Auditor@comhatcomma.us 360-676-6740 360-676-6740 360-676-6742 360-676-6740 TTY 360-738-4555 Debbie Adelstein From: Debbie Adelstein Sent: Thursday, July 25, 2013 4:56 PM To: 'Crabtree, Charlie'; Estes, Mike; Fox, Jim; Jan Brown ; Nicholas, Larry; 'Schuck, Steve'; 'All Point Bulletin'; John Servais ; 'Johnson, Tim'; XGMI Radio'; 'Lynden Tribune'; 'newsroom@bellinghamherald.com'; 'Northern Light'; 'Record Journal'; 'Schwartz, Ralph'; 'Western Washington University'; 'Whatcom Watch' Subject: Updated Press Release Attachments: PR2 bsd bonds_20130725165719.pdf Attached is an updated release to replace the one I sent out earlier today. Please utilize this version in your publications. I neglected to include that the project included replacement of the three schools mentioned. Debbie Adelstein • Whatcom County Auditor (360) 715-7474 www.whatcomcounty.uslauditor Do you really need to print this email? Think green. NOTICE: This email and related attachments and any response may be subject to public disclosure under state law. Debbie Adelstein From: Debbie Adelstein Sent: Thursday, July 25, 2013 2:01 PM To: 'Crabtree, Charlie'; Estes, Mike; Fox, Jim; Jan Brown ; Nicholas, Larry; 'Schuck, Steve'; 'All Point Bulletin'; John Servais ; 'Johnson, Tim'; XGMI Radio'; Tynden Tribune'; 'newsroom@ bell inghamherald.com'; 'Northern Light'; 'Record Journal'; 'Schwartz, Ralph'; 'Western Washington University'; 'Whatcom Watch' Subject: Press Release - Committee re Bellingham School District Bond Election Attachments: PR school dist committee_20130725135531.pdf Please see the attached press release for immediate release. Debbie Adelstein • Whatcom County Auditor (360) 715-7474 www.whatcomcounty.us/au_ditor Do you really need to print this email? Think green. NOTICE: This email and related attachments and any response may be subject to public disclosure under state law. _nl. E u Nancy Moore god 6 a6 G From: Debbie Adelstein Sent: Friday, July 26, 2013 3:13 PM To: Bluegreen.northwest@gmail.com Cc: Nancy Moore Subject: Information on Opposition Committee Attachments: FRM CON Committee Appt Form GEN.doc; CommitteeSTMTForm GENERAL-CON.doc; FRM Committee REQUIRE MENTS.doc; 2013 MEMO to Districts - Local Voters' Pamphlet REV. 3-20-13.doc See the attached informational items and the "Con" Committee forms. I am sending a copy of this to my assistant, Nancy Moore. If there are any other forms needed, I'll ask that she send them along to you. Debbie Adelstein • Whatcom County Auditor (360) 715-7474 www.whatcorncounty.us/auciitor Do you really need to print this email? Think green. NOTICE: This email and related attachments and any response may be subject to public disclosure under state law. 1 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: July 23, 2013 To: Debbie Adelstein 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 SUPPORT EIVED ENFOR ENFORCEMENT DEPUTIES Angela A. Cuevas Dionne M. Clasen t� s 7 J U L 2 3 2013 APPELLATE DEPUTIES Kimberly Thulin DEBBIEEADEISMN Hilary A. Thomas WHATCDM COUNTY AUDITOR ADMINISTRATOR Kathy Walker RE: Bellingham School District 501 — General Obligation Bonds — Proposition 1 Dear Debbie, The proposed Ballot Title language included in Bellingham School District 501 packet that was prepared by K.L. Gates is approved with the following notes: -YL 1. The words "approved" and "rejected" need to be followed by question marks. cv"� e�- ° 2. Note that the 75 word limit does not include the first sentence, which is the "identifi a�ion of �r the enacting legislative body and a statement of the subject matter" required by 29A.36.071. This ballot title meets the criteria. V3 Sincerely, �� Rockingham Attorney for the Whatcom County Auditor Whatcom County CO Auditor's Office Whatcom County Courthouse ' 311 Grand Avenue, Suite 103 o� 4SNirv�� Bellingham, WA 98225-4038 Phone: (360) 676-6742 Fax: (360) 738-4556 Email: elections ,_co.whatcom.wa.us Internet: http://whatcomcounty.us./auditor July 10, 2013 TO :•u Prosecuting Attorney's Office / Royce Buckingham Debbie Adelstein, County Auditor SUBJECT: Bellingham School District No. 501 General Obligation Bonds - $160,000,000 Proposition No. 1 Debbie Adelstein County Auditor Election Division Please review the enclosed ballot title and headings for Bellingham School District General Obligation Bonds. 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:\2013 Elections\BSD Prop 1.doc Compliments of°T"nrrnc i arcrr�x senvrces Optical Scan Ballot Printing Since 1985• State of the Art Digital Printing Technology 360.423.1237 • www reproprinting.com RECEIVED JUL 1 0 2013 DERME►4DELSTEIN WHATCOM COUNTYAUDITOR BELLINGHAM SCHOOL DISTRICT NO. 501 WHATCOM COUNTY, WASHINGTON GENERAL OBLIGATION BONDS RESOLUTION NO. 14-13 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 November 5, 2013, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $160,000,000, or so much thereof as may be issued under the laws governing the indebtedness of school districts for the purpose of providing funds for the renovation, upgrade and new construction of school facilities, and authorizing the Superintendent and/or Assistant Superintendent, Finance and Operations to submit a request for eligibility for the Washington State School District Credit Enhancement Program. ADOPTED JUNE 27, 2013 PREPARED BY: K&L GATES LLP Seattle, Washington BELLINGHAM SCHOOL DISTRICT NO. 501 RESOLUTION NO. 14-13 TABLE OF CONTENTS * Page Recitals.......................................................................................................................................... I Section1. Findings................................................................................................................2 Section 2. Capital Improvements...........................................................................................2 Section 3. Authorization of Bonds.........................................................................................4 Section 4. Details of Bonds.................................................................................................... 5 Section5. Election............................................................................................................... 5 Section 6. Request for Eligibility for the Credit Enhancement Program ............................... 6 Section7. Severability........................................................................................................... 6 Section8. Effective Date................................................................................................. * This table of contents and the cover page are not a part of this resolution; they are included for convenience of the reader only. -i- PA20287 CMW20207 AW RESOLUTION NO. 14-13 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 November 5, 2013, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $160,000,000, or so much thereof as may be issued under the laws governing the indebtedness of school districts for the purpose of providing funds for the renovation, upgrade and new construction of school facilities, and authorizing the Superintendent and/or Assistant Superintendent, Finance and Operations to submit a request for eligibility for the Washington State School District Credit Enhancement Program. WHEREAS, improved facilities are needed in Bellingham School District No. 501, Whatcom County, Washington (the "District") in order to provide the students of the District with safe, adequate and efficient educational facilities; and WHEREAS, in order to provide all or a part of the funds to enable the District to undertake renovations and upgrades to extend the life of the District's existing facilities, including elementary and high school buildings and construct new replacement school buildings, it is deemed necessary and advisable that the District issue and sell its unlimited tax general obligation bonds to provide funds for such purposes; 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; and WHEREAS, in RCW ch. 39.98 (the "Credit Enhancement Act"), the State Legislature established 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 THE 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. CNital Improvements. The District shall make the following capital improvements (the "Improvements"): • Construct and equip a new gymnasium, cafeteria and elevator, convert the existing gymnasium to classroom space and undertake improvements to comply with the Americans With Disabilities Act requirements at Lowell Elementary School; • Acquire, construct and equip a new school to replace Happy Valley Elementary School; • Construct and equip a new gymnasium or cafeteria and other building improvements at Parkview Elementary School; -2- P:\20287_CMW\20287_A6M • Acquire, construct and equip a new school to replace Option High School (involves the replacement of seven portable buildings); ■ Acquire, construct and equip a new school to replace Sehome High School on the same site; ■ Install synthetic turf fields at Bellingham and Squalicum High Schools; • Renovate the existing District offices; • Undertake capital improvements at the District's transportation facility, including roofing, windows, walls, doors, heating and ventilation systems; • Undertake safety and energy improvements to educational facilities throughout the District, including but not limited to access control, video, communications, DDC controls, HVAC systems, roofing, painting and flooring; • At the conservation site, undertake a feasibility study, design, and infrastructure, including water, electricity, septic, and construct a large group structure; and ■ Construct and equip a new central kitchen for the District. The cost of all necessary planning, architectural, engineering, and other consulting services, inspection and testing, administrative and relocation expenses, on and off -site utilities, related improvements and other costs incurred in connection with the making of the foregoing capital improvements shall be deemed a part of the costs of the Improvements. Such Improvements shall include all necessary furniture, equipment and appurtenances. If available funds are sufficient from the proceeds of Bonds authorized for the above purposes, the District may use such funds to acquire sites for facilities of the District or to pay -3- P:\20287-CMW\20287-A6M the principal of or interest on the Bonds, In the alternative, if available funds are sufficient from the proceeds of Bonds authorized for the above purposes and/or state and local circumstances require, the District may use such funds to acquire, construct, equip, modernize 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. It is anticipated that the District may receive funds from the State of Washington pursuant to Chapter 28A.525 RCW. To the extent that such state funds are not received timely and used to pay costs of the Improvements, the District intends to apply such state funds to construct and equip a new warehouse for District use and/or future school facility construction projects, including planning and design of such District facilities. Such state 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 all or a part of the funds necessary to pay the cost of the Improvements, together with incidental costs and costs related to the sale and issuance of the bonds, the District shall issue and sell its unlimited tax general obligation bonds in the principal amount of not to exceed $160,000,000. The balance of the cost of the Improvements shall be paid out of any money which the District now has or may later have on hand which are legally available for such purposes. 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 State of Washington or exceeding the amount permitted by the Constitution and laws of the State of Washington. -4- PA20287 CMM20287 A6M 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 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 (including original issue discount) 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. 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. Election. It is hereby found and declared that the best interests of the District requires the submission to the qualified electors of the District of the proposition of whether the District shall issue the Bonds at a special election to be held on November 5, 2013. The Whatcom County Auditor as ex officio supervisor of elections is hereby requested also 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- PA20287 CMM20287 ABM PROPOSITION NO. 1 BELLINGHAM SCHOOL DISTRICT NO. 501 (BELLINGHAM PUBLIC SCHOOLS) GENERAL OBLIGATION BONDS - $160,000,000 The Board of Directors of Bellingham School District No. 501 adopted Resolution No. 14-13 concerning this proposition for bonds. This proposition would authorize renovations, student safety and other upgrades to designated schools and facilities throughout the district to extend their useful life and construct replacement buildings for Sehome High School, Options/Innovations High School and Happy Valley Elementary School, to issue $160,000,000 of general obligation bonds maturing within a maximum of 20 years, and to levy excess property taxes annually to repay the bonds, as provided in Resolution No. 14-13. Should this proposition be: APPROVED......................................................................................... Ic REJECTED..................................•....................................................... 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 Eligibility 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 and/or Assistant Superintendent, Finance and Operations is hereby authorized (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 contained herein; provided, however, that any provision which shall for any reason be -6- PA20287 CMW%20287 A6M 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 27th day of June, 2013. ATTEST: Secretary 4 the Board of Directors BELLINGHAM SCHOOL DISTRICT NO.501, WHATCOM COUNTY, WASHINGTON Directors - / - P:M287_CMW\20287 A6M 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. 14-13 of the Board (herein called the "Resolution'), duly adopted at a regular meeting thereof held on the 27th day of June, 2013. 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 27th day of June, 2013. s Secretary of the Board of Directors PA20287 CMM20287 ASM OFFICIAL BALLOT BELLINGHAM SCHOOL DISTRICT NO. 501 WHATCOM COUNTY, WASHINGTON November 5, 2013 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 (X) in the square opposite the word "REJECTED." PROPOSITION NO. 1 BELLINGHAM SCHOOL DISTRICT NO. 501 (BELLINGHAM PUBLIC SCHOOLS) GENERAL OBLIGATION BONDS - $160,000,000 The Board of Directors of Bellingham School District No. 501 adopted Resolution No. 14-13 concerning this proposition for bonds. This proposition would authorize renovations, student safety and other upgrades to designated schools and facilities throughout the district to extend their useful life and construct replacement buildings for Sehome High School, Options/Innovations High School and Happy Valley Elementary School, to issue $160,000,000 of general obligation bonds maturing within a maximum of 20 years, and to levy excess property taxes annually to repay the bonds, as provided in Resolution No. 14-13. Should this proposition be: APPROVED... ...... ........ --- ........... ......... REJECTED........................................................................................... PA20287 CMWQ0287 AW NOTICE OF SPECIAL ELECTION BELLINGHAM SCHOOL DISTRICT NO. 501 WHATCOM COUNTY, WASHINGTON November 5, 2013 NOTICE IS HEREBY GIVEN that on Tuesday, November 5, 2013, 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. 1 BELLINGHAM SCHOOL DISTRICT NO. 501 (BELLINGHAM PUBLIC SCHOOLS) GENERAL OBLIGATION BONDS - $160,000,000 The Board of Directors of Bellingham School District No. 501 adopted Resolution No. 14-13 concerning this proposition for bonds. This proposition would authorize renovations, student safety and other upgrades to designated schools and facilities throughout the district to extend their useful life and construct replacement buildings for Sehome High School, Options/Innovations High School and Happy Valley Elementary School, to issue $160,000,000 of general obligation bonds maturing within a maximum of 20 years, and to levy excess property taxes annually to repay the bonds, as provided in Resolution No. 14-13. Should this proposition be: APPROVED......................................................................................... le REJECTED.......................................................................................... Whatcom County Auditor PA20267 CMM20267 A6M