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Home My WebLink About2022 - Bellingham School District No. 501 Proposition 2022-3 General Obligation Bonds $122,000,000 - Special Election February 08, 2022Statement of Votes Cast by Geography Page: 1 of 1 Whatcom County, Washington, 2022 February 8 Special Election 2022-02-18 All Precincts, All Districts, All ScanStations 08:21:10 BSD 501 Prop 2022-3 General Obligation Bonds-$122,000,000, All Boxes Total Ballots Cast: 27462. Registered Voters: 76282, Overall Turnout: 36.00% Choice Votes Vote % All Precincts BSD 501 Prop 2022-3 General Obligation Bonds - $122,000,000 (Vote for 1) 27462 ballots (0 over voted ballots, 0 overvotes, 29 undervotes), 76282 registered voters, turnout 36.00% Approved 16625 60.60% Reiected 10808 39.40% Total 27433 100.00% Overvotes 0 Undervotes 29 Administration Elections Licensing Recording Auditor@comhatcom.wa.us Elections@comhatcomma.us Licensing@co.whatcom.wa.us Recording@co.whatcom.wa.us 360-778-5100 360-778-51 o z 360-778-5100 360-778-5100 Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 December 14, 2021 Bellingham School District Attn: Simone Sangster 13o6 Dupont Street Bellingham, WA 98225 Re: Proposed Ballot Measure Dear Simone: Diana Bradrick County Auditor Stacy Henthorn Chief Deputy Auditor The ballot measure submitted has been received and will appear on the February 8, 2022 Special Election ballot. The proposed ballot measure will appear as follows (highlighted items were edited by the Auditor): Bellingham School District 501 Proposition 2022-3 General Obligation Bonds - $122,000,000 The Board of Directors of Bellingham School District 5o1 adopted Resolution #25-21 concerning this proposition for bonds. This proposition would authorize the District to design replacements to Cozier, Columbia and Roosevelt Elementary Schools; construct a new elementary school; make classroom additions and building improvements throughout the District; improve playfields and structures; acquire necessary sites; and complete remaining 2o18 bond projects, to issue $122,000,000 of general obligation bonds maturing within a maximum of zo years, and to levy excess property taxes annually to repay the bonds, all as provided in Resolution #25- 21. Should this proposition be: [ ] Approved [ ] Rejected The proposed explanatory statement will appear as follows (highlighted items were edited by the Auditor): We gia relay calls. Explanatory Statement: Passage of Proposition 2022-3 would allow Bellingham School District to borrow $122,000,000 by issuing general obligation bonds. In accordance with Resolution No. 25-21 approving this proposition, the bonds will pay for renovations, upgrades and new construction of school facilities, including an elementary school, Community Transitions facility, additional classrooms at Kulshan Middle School; design replacements for three elementary schools; field and playground improvements; and making necessary capital improvements. The bonds would be repaid out of an additional annual property tax levy over a period of up to 20 years in an amount sufficient to pay bond debt service. This notice is being provided pursuant to RCW 29A.36.o80. Sincerely, Diana Bradrick County Auditor Page 2 0112% Ballot Measure Cover Sheet - A completed cover sheet must accompany each ballot measure submitted to the Whatcom County Auditor. It is the submitter's responsibility to ensure that requested documentation is presented no later than the resolution deadline date. This form is available in a fillable form on the Auditor's website: www.whatcomcounty.us/auditor. District Information District Name: Bellingham School District No. 501 District Address: 1306 Dupont Street, Bellingham, WA 98225-3118 Contact Person 1 Simone Sangster, Assistant Sup't Finance Name &Title 360.676.6500; simone.sangster@bellinghamschools.org Phone & email Contact Person 2 Jacqueline Brawley, Executive Director Communications and Community Relations Name & Title 360.676.6470; Jacqueline.Brawley@bellinghamschools.org Phone & email Cynthia M. Weed, K&L Gates LLP Has your attorney prepared this ballot measure? Name 0 Yes ❑ NO 206.623.7580; cynthia.weed@klgates.com Phone & email Have You: Attached the Resolution with original signatures or certified copy of 0 Yes ❑ No the original Resolution? Attached the Explanatory Statement (not to exceed 100 words) for Il Yes ❑ No the Local Voters' Pamphlet prepared by your attorney? Attached the "For" and "Against" Committee Appointment Forms? 0 Yes ❑ No Completed this cover sheet? 0 Yes ❑ No Recejved In Person DEC - 9 2021 Deputy Auditor ure Missing document(s): I understand that the submittal deadline date for the missing documents is and the Auditor's Office will not begin processing this ballot measure until all documents have been submitted. Presenter's Signature .Received In P DEC - 9 2021 � �ouniyE(ec6ons BELLINGHAM SCHOOL DISTRICT NO.501 WHATCOM COUNTY, WASHINGTON GENERAL OBLIGATION BONDS RESOLUTION NO.25-21 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 February 8, 2022, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $122,000,000, 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 to submit a request for eligibility for the Washington State School District Credit Enhancement Program. ADOPTED DECEMBER 8, 2021 PREPARED BY: K&L GATES LLP Seattle, Washington BELLINGHAM SCHOOL DISTRICT NO. 501 RESOLUTION NO. 25-21 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. Notices Relating to Ballot Title .............................................. Section 7. Voters' Pamphlet ..................... ............................................................................. 6 Section 8. Request for Eligibility for the Credit Enhancement Program ............................... 7 Section9. Severability........................................................................................................... 7 Section 10. Effective Date....................................................................................................... 8 * This table of contents and the cover page are not a part of this resolution; they are included for convenience of the reader only. 505205402.1 RESOLUTION NO. 25-21 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 February 8, 2022, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $122,000,000, 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 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 middle 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, W14ATCOM 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"): • Design replacement schools for Carl Cozier, Columbia and Roosevelt elementary schools; • Design, acquire, construct and equip a new elementary school; • Design, acquire, construct and equip a new facility for the Community Transitions program and other programs; Complete certain capital improvements specified in Resolution No. 25-17, including but not limited to improvements to Sunnyland Elementary School, improvements to the Gordon Carter Environmental Education Site -2- 505205402.1 and the District Office, and completion of athletic fields and facilities at Bellingham and Squalicum high schools; ■ Install Americans with Disabilities compliant paths to fields at Squalicum High School; ■ Design, acquire, construct and equip new classrooms at Kulshan Middle School; ■ Improvements and additions for parking at Cordata Elementary School; • Renovate existing elementary school fields and playgrounds at certain elementary schools; • Renovate existing middle school fields at certain middle schools; • Acquire sites, including easements, to accomplish the improvements; and • Undertake sustainability improvements throughout the district, including but not limited to a restroom remodel, roof replacements, exterior painting, fencing, parking lot improvements, wetland mitigation, native plant and habitat restorations, exterior wall panel abatement and replacement, HVAC system upgrades, water heater upgrades, home economics classroom remodel, ramps, doors and hardware upgrades, flooring, room controls, sidewalk improvements and window replacements. 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. -3- 505205402.1 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 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 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 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 $122,000,000. 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 -4- 505205402.1 required by the Constitution and laws of the State of Washington or exceeding the amount permitted by the Constitution and laws of the State of Washington. Section 4. Details of Bonds. The bonds provided for in Section 3 hereof shall be sold in such amounts and at such time or times as deemed necessary and advisable by this Board and as permitted by law, shall bear interest at a rate or rates not to exceed the maximum rate permitted 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 February 8, 2022. 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- 505205402.1 PROPOSITION NO. 1 BELLINGHAM SCHOOL DISTRICT NO. 501 (BELLINGHAM PUBLIC SCHOOLS) GENERAL OBLIGATION BONDS - $122,000,000 The Board of Directors of Bellingham School District No. 501 adopted Resolution #25-21 concerning this proposition for bonds. This proposition would authorize the District to design replacements to Cozier, Columbia and Roosevelt Elementary Schools; construct a new elementary school; make classroom additions and building improvements throughout the District; improve playfields and structures; acquire necessary sites; and complete remaining 2018 bond projects, to issue $122,000,000 of general obligation bonds maturing within a maximum of 20 years, and to levy excess property taxes annually to repay the bonds, all as provided in Resolution #25- 21. Should this proposition be: APPROVED.................................................................................. ❑ REJECTED................................................................I................... ❑ The secretary of the board is hereby authorized to deliver a certified copy of this resolution to the Whatcom County Auditor. Section 6. Notices Relating to Ballot Title. For purposes of receiving notice of the exact language of the ballot title required by RCW 29A.36.080, the Board hereby designates (a) the district's assistant superintendent, finance (Simone Sangster), telephone: 360.676.6500; email: simone.sangster@bellinghamschools.org; and (b) special counsel, K&L Gates LLP, telephone: 206.370.7801; email: cynthia.weed@klgates.com, as the individuals to whom the Auditor shall provide such notice. The assistant superintendent, finance is authorized to approve changes to the ballot title, if any, deemed necessary by the Whatcom County Auditor or the Whatcom County Prosecuting Attorney. Section 7. Voters' Pa3nphlet. Pursuant to RCW 29A.32.220, the board hereby confirms the district's participation in the local voters' pamphlet for the February 8, 2022 election, which shall be prepared and published by the Whatcom County Auditor, including, but not limited -6- 505205402.1 to, an explanatory statement reviewed and approved by the district's attorney, and, if available, a Statement For and a Statement Against. The district understands and agrees that it will be required to pay its proportionate share of the expenses of the voters' pamphlet. Section 8. 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 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 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 9. 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 held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law. -7- 505205402.1 Section 10. 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 8th day of December, 2021. BELLINGHAM SCHOOL DISTRICT NO. 501, WHATCOM COUNTY, WASHINGTON T ATTEST: AA Secretary the Board of Directors -8- 505205402.1 Directors 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. 25-21 of the board (herein called the "Resolution"), duly adopted at a regular meeting thereof held on the 8th day of December, 2021. 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 8th day of December, 2021. 2��- ?--:� 14 Secretry of the Board of -Directors 505205402A OFFICIAL BALLOT BELLINGHAM SCHOOL DISTRICT NO. 501 WHATCOM COUNTY, WASHINGTON February 8, 2022 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, lace a cross in the square opposite the word "REJECTED." PROPOSITION NO. 1 BELLINGHAM SCHOOL DISTRICT NO. 501 (BELLINGHAM PUBLIC SCHOOLS) GENERAL OBLIGATION BONDS - $122,000,000 The Board of Directors of Bellingham School District No. 501 adopted Resolution No.25-21 concerning this proposition for bonds. This proposition would authorize the District to design replacements to Cozier, Columbia and Roosevelt Elementary Schools; construct a new elementary school; make classroom additions and building improvements throughout the District; improve playfields and structures; acquire necessary sites; and complete remaining 2018 bond projects, to issue $122,000,000 of general obligation bonds maturing within a maximum of 20 years, and to levy excess property taxes annually to repay the bonds, all as provided in Resolution #25-21. Should this proposition be: APPROVED.................................................................................. ❑ REJECTED.................................................................................... ❑ 505205402.1 NOTICE OF SPECIAL ELECTION BELLINGHAM SCHOOL DISTRICT NO. 501 WHATCOM COUNTY, WASHINGTON February 8, 2022 NOTICE IS HEREBY GIVEN that on Tuesday, February 8, 2022, 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 - $122,000,000 The Board of Directors of Bellingham School District No. 501 adopted Resolution No.25-21 concerning this proposition for bonds. This proposition would authorize the District to design replacements to Cozier, Columbia and Roosevelt Elementary Schools; construct a new elementary school; make classroom additions and building improvements throughout the District; improve playfields and structures; acquire necessary sites; and complete remaining 2018 bond projects, to issue $122,000,000 of general obligation bonds maturing within a maximum of 20 years, and to levy excess property taxes annually to repay the bonds, all as provided in Resolution #25-21. Should this proposition be: APPROVED................................................................................. ❑ REJECTED.................................................................................... 0 Whatcom County Auditor 505205402.1 Election Date: February 8, 2022 Name of Jurisdiction Submitting Measure: Bellingham School District No. 501, Whatcom County, Washington Contact Name: Cynthia Weed, K&L Gates LLP Daytime Contact Phone Number: 206.370.7801 Word limit is 100. Current word count is 98. EXPLANATORY STATEMENT - PROPOSITION NO. 1 Passage of Proposition No. 1 would allow Bellingham School District to borrow $122,000,000 by issuing general obligation bonds. In accordance with Resolution No. 25-21 approving this proposition, the bonds will pay for renovations, upgrades and new construction of school facilities, including an elementary school, Community Transitions facility, additional classrooms at Kulshan Middle School; design replacements for three elementary schools; field and playground improvements; and making necessary capital improvements. The bonds would be repaid out of an additional annual property tax levy over a period of up to 20 years in an amount sufficent to pay bond debt service. 505231470.1