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Home My WebLink About2014 - Ferndale School District No. 502 Prop 2014-01 General Obligation Bonds $125,000,000 FAILED Special Election February 11, 2014Ferndale School District 502 Zo Proposition No. 2014-1 General Obligation Bonds - $125,000,000 Ballot Measure Submission Checklist - Attach to front of folder Ballot Measure Submitted: 0 i T) lS fyc tl�Y[yl��.i t �i.sfl�l f t�rn�l lr� Presented By: _ ly IL DAIJ6aL Phone#: 3UC d ' _q'L(i(i Email: a A- �- OLP I 60L Gy! 6 Y� S 0(. tl lrai Initial Date Notes Front Staff: Check that measure is signed by Submitting Commissioners (original signatures or a certified copy) and election date is stated. Date stamp submittal with red Auditor stamp. Make copy for the presenter. dw.0" Have Auditor/Chief Deputy Auditor sign if document "calling" for an election is included in the submittal. NI� Complete Ballot Measure Receipt. Make 3 copies of receipt. Give original receipt to the presenter. Retain 2 copies. Give LVP handout to the presenter only if measure will be on Primary or General Election ballot. IA Confirm everything is complete. Have another staff member review and initial. Give to Office Coordinator. Office Coordinator: Obtain folder for measure documents. Tape this checklist to front of folder. 11 Prepare transmittal letter to the Prosecuting Attorney (County and Districts only) and Assessor (l:\Policies & Proce- dures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM Prosecuting Atty ballot title letter [OR Assessor Ballot Title Letter.doc]) ' �b Paper clip copies of ballot measure, ballot measure receipt, and Prosecuting Attorney or Assessor letter together. Place original measure, copy of receipt, copy of validation numbers, and paper clipped PA & Assessor packet in folder. F" ln' Submit folder to Chief Deputy Auditor for review and edits. a. Chief Deputy Auditor signs letters and delivers to PA and Assessor; (folder with originals remains in the office). ry When letters are returned, date stamp. Auditor reviews and assigns proposition number and writes basis for measure passing on older in red. Office Coordinator: Prepares ballot title letter to submitter. Scans and submits via email to submitter (and other requestors, if applicable). t I Completes Certificate of Distribution form and staples on left inside flap of folder. �( Election Coordinator: Set up in EIMS. 0 1!� Ballot layout created/completed. After Election Send copy of Certified Canvass Report to district contact person. Delivers copy of certified measure to Treasurer and Assessor and obtains signatures on Election Results Receipt. chool issue - send copy of Certified Canvass Report to Supt of Public Instruction (I:\Forms\School districts\Form SPI M-466.doc) I:\Policies & PrucpdureslFlections\02_Pre- rlection\02-_Fiting Ballot os J:RM Satlol Measure CHECKLIST.doc Certificate of Distribution A letter regarding the exact ballot title to be used was scanned and emailed to: ), Copies of the letter were provided to other parties by regular mail, email or fax: Name of Party Letter Sent To: Mailed, emailed, a4 nd Date: i 1. or faxed Name of l Sender: I lAPolicies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM Certificate of Distribution - Exact title.doc Amended03/06/13 �G°1Pf CO Official Canvass of the Special Election for Ferndale School District 502 Whatcom County, Washington Held Tuesday, February 11, 2014 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 Special Election held February 11, 2014, within the boundaries of Ferndale School District 502, Whatcom County, State of Washington. The proposition would issue $125,000,000 of general obligation bonds and levy excess property taxes annually to repay the bonds to construct and equip a high school to replace Ferndale High School, to remodel or construct and equip a new high school to replace Windward High School, and to relocate the District's maintenance and transportation facilities. Minimum Numbers for Validation: Number of persons voting last General Election: 9,805 40% Minimum Turnout Required: 3,922 Needs 60% Yes Vote of TOTAL Turnout Actual Results: Approved - 2,386 31.43% Rejected - 5,206 68.57% Total Votes - 7,592 The minimum required turnout was met, however, the proposition did not receive at least a 60% yes vote of the total turnout and therefore, Failed. WITNESS our hand and seal this 25'h day of February 2014. WHATCOM COUNTY CANVASSING BOARD I Debbie Adelstein, County Auditor oyce i Deputy Prosecuting Attorney Z�0 gLyI-S :. o Sa'rfl �, o Council Mhmber, County Legislative Authority �iyw�r;�� OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION K-12 Fiscal Services & Policy Old Capitol Building. PO Box 47200 OLYMPIA WA 98504-7200 (360) 725-6111 TfY (360) 664-3631 COUNTY AUDITOR'S SCHOOL DISTRICT FINANCING ELECTIONS REPORTING FORM School District Name: Ferndale School District 502 Election Date: 02/11/14 Auditor Name: Debbie Adelstein Date: 2/25/14 I. Minimum Voter Turnout Requirements for Bond Issues Total votes cast at last qualifying State General Election: 9,805 II. Canvass of Election Proposition Dollar Number Amount Type of Election* Number of Number of Votes Votes For Against Percentage Accepted Percentage Declined 2014-1 $125.000.000 BO l 2,386 5,206 31.43% 68.57% "Type of Election Codes BO Bond M&O Maintenance & Operation CP Capital Project TVF Transportation Vehicle Fund III. 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: Jackie.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 ,C.°Moo Debbie Adelstein County Auditor Diana Bradrick $Fl,NGS�� Chief Deputy Auditor Copies of the Ferndale School District 502, Proposition No. 2014-1, General Obligation Bonds - $125,000,000, election results from the February 11, 2014 Special Election, have been delivered to the Assessor's and Treasurer's Office. Receipt Acknowledged: ASSESSOR'S OFFICE: TREASURER'S OFFICE: Name J2S Date Date Licensing Recording Elections Administration Licensing @ co.whatcornma.us Recording@comhatcornma.us Elections@co.whatcornma.us Auditor@comhatcornma.us We gladly accept 360-676-6740 360-676-6740 360-676-6742 360-715-7474 relay calls. Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: (360) 676-6740 Fax: (360) 7384556 Email: auditor@co.whatcom.wa.us Internet: www.whatcomcounty.us/auditor February 26, 2014 Ms. Linda Quinn Ferndale School District 502 P.O. Box 698 Ferndale, WA 98248 Dear Ms. Quinn: �GGM CO �4sM�Ha�0 Debbie Adelstein County Auditor Diana Bradrick Chief Deputy Auditor Enclosed please find a copy of the certification of the February 11, 2014, Special Election pertaining to your district. For 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 don't hesitate 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. Nancy Moore From: Mark Deebach <Mark.Deebach@ferndalesd.org> Sent: Thursday, January 02, 2014 11:54 AM To: Nancy Moore; Linda Quinn Subject: RE: Ballot Title for 2-11-14 Special Election Hi Nancy, We have received this notification. Thank you, Mark From: Nancy Moore fmaiito:nmmoore@co.whatcom.wa.usj Sent: Tuesday, December 31, 2013 9:33 AM To: Linda Quinn Cc: Mark Deebach Subject: Ballot Title for 2-11-14 Special Election Dear Linda and Mark, Please see the attached letter regarding the ballot title for the February 11 Special Election. Please also confirm receipt. Thank you. Sincerely, Nancy M. -Moore Office conrdii-nator V' atcom county .Aufi`tors Office 311 grand Ave., Suite l03 ffelrIng a,"t �Y.A 98225 &60% 676-6740, ext. #�oun�ikey% 5oo71 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 PRGOM CO 4,y .fir s Debbie Adelstein County Auditor Diana Bradrick Chief Deputy Auditor E-mailed to: Linda Quinn, Superintendent, Ferndale School District 502 Mark Deebach, Assistant Superintendent for Business & Support Services, Ferndale School District 502 December 31, 2013 Linda Quinn, Superintendent Ferndale School District 502 P.O. Box 698 Ferndale, WA 98248 RE: Ferndale School District No. 502, General Obligation Bonds - $125,000,000 Dear Linda: The ballot title referenced above has been received and will appear on the February 11, 2014, Special Election ballot. Changes to the heading have been made as follows: Ferndale School District 502 Proposition No. 2014-1 General Obligation Bonds - $125,000,000 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 cc: Mark Deebach Licensing Recording Elections Administration Licensing@co.whatcomma.us Recording@comhatcornma.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 PROSECUTING ATTORNEY DAVID S. McEACHRAN CHIEF CRIMINAL DEPUTY Mae D. Setter ASST. CHIEF CRIMINAL DEPUTY Warren J. Page CRIMINAL DEPUTIES Craig D. Chambers Elizabeth L. Gallery David A. Graham Eric J. Richey James T. Hulbert Ann L. Stodola Jeffrey D. Sawyer Anna Gigliotti Shannon Connor Christopher D. Quinn David E. Freeman Kari Hathorn Kyle Moore Dona Bracke Kristen Reid Date: December 30, 2013 Whatcom County Courthouse CHIEF CIVIL DEPUTY 311 Grand Avenue, Second Floor Randall J. Watts Bellingham, Washington 98225-4079 (360) 676-6784 / FAX (360) 738-2532 ASST CHIEF CIVIL DEPUTY COUNTY (360) 398-1310 Daniel L. Gibson CIVIL DEPUTIES Karen L. Frakes Royce Buckingham CIVIL SUPPORT ENFORCEMENT DEPUTIES "ECEIVED Angela A. Cuevas Dionne M. Clasen DEC 3 APPELLATE DEPUTIES 0 2013 Kimberly Thulin Hilary A. Thomas ADMINISTRATOR Kathy Walker ur►!11{} �I411offop To: Debbie Adelstein RE: Ferndale School District - Proposition 1 General Obligation Bonds Dear Debbie, The language provided by the Ferndale School District for the Ballot Title is appropriate. I hereby adopt this language as my recommendation to you for the Ballot Title. The same language can be used as the Explanatory Statement. Simply remove the first (introductory) sentence and the last (question) sentence from the Ballot Title. Sincerely, R ~ &ingham Attorney for Whatcom County PDS Whatcom County �4OM°z Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 9sh,"�To Phone: (360) 676-6742 Fax: (360) 738-4556 Email: elections�7a co.whatcom.wa.us http://whatcomcounty. us./auditor To: Prosecuting Attorney's Office/Royce Buckingham Debbie Adelstein County Auditor Election Division From: Debbie Adelstein, County Auditor�� - Date: December 26, 2013 Re: Ferndale School District 502 Proposition No. 1 General Obligation Bonds - $125,000,000 Please review the attached ballot title and headings for compliance with RCW 29A.36.071. Additionally kindly review the explanatory statement, if one is enclosed. Contact information is included should you need to communicate with the district. Please return a letter of approval at your earliest convenience. Thank You. I:\Policies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM Prosecuting Atty ballot title letter.doc Page 1 Whatcom County %G Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 \��r Bellingham, WA 98225-4038 QSHING�O Phone: (360) 676-6742 Fax: (360)738-4556 Email: elections .co.whatcom.wa.us http://whatcomcounty. us./auditor Ballot Measure Receipt Date Received: 12 - Received From: (V &E k. T)X-e. 6aall Name of Presenter Name of Organization Debbie Adelstein County Auditor Election Division Address I 3 is � - 3 o 3. 9?ly YvtGti k- b Phone Email Ballot Issue Name: tynd�.L drhid DI S-fYtct Fig o OY, +-600 N u yvt k4-- ! -- �-0 I 'f The Auditor's Office, Election Division, acknowledges receipt of the above - named Proposition for inclusion in the '?Alq I-_brwi,1�4 3fit ,u?.Q Election. AUl.-:t� Deputy Auditor 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 DEC 2 0 2013 OEBOILADELSTIEIN FERNDALE SCHOOL DISTRICT NO. 502 WHATCOM COUNTY, WASHINGTON GENERAL OBLIGATION BONDS RESOLUTION NO. 13-2013 A RESOLUTION of the Board of Directors of Ferndale School District No. 502, 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 11, 2014, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $125,000,000, 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 for Business and Operations to submit a request for eligibility for the Washington State School District Credit Enhancement Program. ADOPTED DECEMBER 17, 2013 PREPARED BY: K&L GATES LLP Seattle, Washington FERNDALE SCHOOL DISTRICT NO. 502 RESOLUTION NO. 13-2013 TABLE OF CONTENTS* Page Recitals.......................................................................................................................................... 1 Section1. Findings.................................................................................................................2 Section 2. Capital Improvements........................................................................................... 2 Section 3. Authorization of Bonds......................................................................................... 3 Section4. Details of Bonds.................................................................................................... 4 Section5. Election................................................................................................................. 4 Section 6. Request for Eligibility for the Credit Enhancement Program ............................... 5 Section7. Severability........................................................................................................... 5 Section8. Effective Date....................................................................................................... 6 * 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- P120287 CMW120287 ADG 11/27/13 RESOLUTION NO. 13-2013 A RESOLUTION of the Board of Directors of Ferndale School District No. 502, 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 11, 2014, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $125,000,000, 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 for Business and Operations to submit a request for eligibility for the Washington State School District Credit Enhancement Program. . WHEREAS, improved facilities are needed in Ferndale School District No.502, 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 its capital improvement program, 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 FERNDALE SCHOOL DISTRICT NO.502, 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"): 0 Construct and equip a new high school to replace Ferndale High School; • Renovate and remodel or construct and equip a new high school to replace Windward High School; and • Relocate the District's maintenance and transportation facility. 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. -2- PA20287 CMW%20287 ADG 11/27/13 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 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 $125,000,000. 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 -3- N20287 CM1M20287 ADG 11/27/13 of the District as required by the Constitution and laws of the State of Washington or exceeding the amount permitted by the Constitution and laws of the State of Washington. Section 4. Details of Bonds. The bonds provided for in Section 3 hereof shall be sold in such amounts and at such time or times as deemed necessary and advisable by this Board and as permitted by law, shall bear interest at a rate or rates not to exceed the maximum rate permitted 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 11, 2014. 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: -4- P120287 CMM20287 ADG 11/27/13 PROPOSITION NO. 1 FERNDALE SCHOOL DISTRICT NO. 502 GENERAL OBLIGATION BONDS - $125,000,000 The Board of Directors of Ferndale School District No.502 adopted Resolution No. 13-2013 concerning this proposition for bonds. This proposition would authorize the District to construct and equip a high school to replace Ferndale High School, to remodel or construct and equip a new high school to replace Windward High School, and to relocate the District's maintenance and transportation facilities; to issue $125,000,000 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. 13-2013. Should this proposition be: APPROVED.......................................................................................... ❑ 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 for Business 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 -5- PA20287 CM1M20287 ADG 11/27/13 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 Ferndale School District No. 502, Whatcom County, Washington, at a regular meeting held this 17th day of December, 2013. A -r rQQT• FERNDALE WHOODISTRICT NO. 502, WHATCOM OUli', WASHINGTON Directors -6- PA20287 CMVA20287 ADG 11/27113 CERTIFICATE I, the undersigned, Secretary of the Board of Directors of Ferndale School District No. 502, Whatcom County, Washington (the "District"), and keeper of the records of the Board of Directors (the "Board"), DO HEREBY CERTIFY: l . That the attached resolution is a true and correct copy of Resolution No. 13-2013 of the Board (herein called the "Resolution"), duly adopted at a regular meeting thereof held on the 17th day of December, 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. 2013. IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of December, P:120287 CM1M20287 ADG 11/27113 OFFICIAL BALLOT FERNDALE SCHOOL DISTRICT NO. 502 WHATCOM COUNTY, WASHINGTON February 11, 2014 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 FERNDALE SCHOOL DISTRICT NO. 502 GENERAL OBLIGATION BONDS - $125,000,000 The Board of Directors of Ferndale School District No. 502 adopted Resolution No. 13-2013 concerning this proposition for bonds. This proposition would authorize the District to construct and equip a high school to replace Ferndale High School, to remodel or construct and equip a new high school to replace Windward High School, and to relocate the District's maintenance and transportation facilities; to issue $125,000,000 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. 13-2013. Should this proposition be: APPROVED.......................................................................................... ❑ REJECTED........................................................................................... ❑ P920287 CMVJ120287 ADG 11/27/13 NOTICE OF SPECIAL ELECTION FERNDALE SCHOOL DISTRICT NO. 502 WHATCOM COUNTY, WASHINGTON February 11, 2014 NOTICE IS HEREBY GIVEN that on Tuesday, February 11, 2014, 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 FERNDALE SCHOOL DISTRICT NO. 502 GENERAL OBLIGATION BONDS - $125,000,000 The Board of Directors of Ferndale School District No. 502 adopted Resolution No. 13-2013 concerning this proposition for bonds. This proposition would authorize the District to construct and equip a high school to replace Ferndale High School, to remodel or construct and equip a new high school to replace Windward High School, and to relocate the District's maintenance and transportation facilities; to issue $125,000,000 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. 13-2013. Should this proposition be: APPROVED.......................................................................................... ❑ REJECTED........................................................................................... ❑ Whatcom County Auditor P120287 CMM02B7 ADG 11/27/13 WHATCOM COUNTY ASSESSOR'S OFFICE Keith M. Willnauer Assessor Date: December 30, 2013 County Courthouse 311 Grand Avenue, Suite #106 Bellingham, WA 98225-4038 Telephone: (360) 676-6790 Fax: (360) 738-2472 RECEIVED DEC 3 0 2013 MULAM11.5 F1N WHAT" (01M► MOP To: Debbie Adelstein, Whatcom County Auditor From: Janice Judge, Senior Admininstrative Assistant Whatcom County Assessor's Office C?5� Re: Ferndale School District #502 Proposition No. 1 General Obligation Bonds $125,000,000 I am in receipt of the proposed ballot measure for Ferndale School District #502 and have reviewed such for property tax administration. I find no concerns with the ballot measure. Whatcom County PSGOM COlr Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 r Bellingham, WA 98225-4038 ysNING�O Phone: (360) 676-6742 Fax: (360) 738-4556 Email: elections @comhatcomma.us http://whatcomcounty. us./auditor To: Prosecuting Attorney's Office/Royce Buckingham From: Debbie Adelstein, County Auditor ��/` Date: December 26, 2013 Re: Ferndale School District 502 Proposition No. 1 General Obligation Bonds - $125,000,000 Debbie Adelstein County Auditor Election Division Please review the attached ballot title and headings for compliance with RCW 29A.36.071. Additionally kindly review the explanatory statement, if one is enclosed. Contact information is included should you need to communicate with the district. Please return a letter of approval at your earliest convenience. Thank You. hPolicies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM Prosecuting Atty ballot title letter.doc Page 1 Whatcom County CM co` Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 a 0 Bellingham, WA 98225-4038 Phone: (360) 676-6742 Fax: (360) 738-4556 Email: elections(a co.whatcomma.us http.-Ilwhatcomcounty.us.lauditor Debbie Adelstein County Auditor Election Division To: Assessor's Office/Janice Judge From: Debbie Adelstein, County Auditor*4e44f�� Date: December 26, 2013 Re: Ferndale School District 502 Proposition No. 1 General Obligation Bonds - $125,000,000 Please review the attached ballot title. Contact information is included should you need to communicate with the district. Please return a letter of acknowledgement with any significant comments at your earliest convenience. Thank You. (:\Policies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM Assessor Ballot Title Letter.doc Page 1 Whatcom County Auditor's Office 3rP , A Whatcom County Courthouse 311 Grand Avenue, Suite 103 y a 0 Bellingham, WA 98225-4038 43hIN�+K Phone: (360) 676-6742 Fax: (360)738-4556 Email: elections(a co.whatcom.wa.us http://whatcomcounty. us./auditor Ballot Measure Receipt Date Received: 1-2L - 20 • I Received From: `N)&ac k- 'D-R- .. bnac k Name of Presenter Name of Organization Debbie Adelstein County Auditor Election Division Address -W - 38 3 9211D Lk-. d'. back (9 des-nc" sd. Oki Phone Email Ballot Issue Name: ktn _a,.fie_ srlAf 'Dub-, Pvvpo�.iq (M Nuiv\ bit ! ZO I `% The Auditor's Office, Election Division, acknowledges receipt of the above - named Proposition for inclusion in the ?.OIq IPc,bryej4m Sact.), Q Election. Deputy Auditor 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 DEC 2 o 2013 DEBBILA DELSTEIN WHAAyMm m» a iTWO F FERNDALE SCHOOL DISTRICT NO. 502 WHATCOM COUNTY, WASHINGTON GENERAL OBLIGATION BONDS RESOLUTION NO. 13-2013 A RESOLUTION of the Board of Directors of Ferndale School District No. 502, 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 11, 2014, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $125,000,000, 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 for Business and Operations to summit a request for eligibility for the Washington State School District Credit Enhancement Program. ADOPTED DECEMBER 17, 2013 PREPARED BY: K&L GATES LLP Seattle, Washington FERNDALE SCHOOL DISTRICT NO. 502 RESOLUTION NO. 13-2013 TABLE OF CONTENTS* Page Recitals..........................................................................................................................................1 Section1. Findings.................................................................................................................2 Section 2. Capital Improvements...........................................................................................2 Section 3. Authorization of Bonds......................................................................................... 3 Section 4. Details of Bonds.................................................................................................... 4 Section5. Election................................................................................................................. 4 Section 6. Request for Eligibility for the Credit Enhancement Program ............................... 5 Section7. Severability........................................................................................................... 5 SectionS. Effective Date....................................................................................................... 6 * 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- P:\20287-CMM0287-ADG 11/27/13 RESOLUTION NO. 13-2013 A RESOLUTION of the Board of Directors of Ferndale School District No. 502, 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 11, 2014, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $125,000,000, 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 for Business and Operations to submit a request for eligibility for the Washington State School District Credit Enhancement Program. , WHEREAS, improved facilities are needed in Ferndale School District No.502, 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 its capital improvement program, 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 FERNDALE SCHOOL DISTRICT NO.502, WHATCOM COUNTY, WASHINGTON, as follows: Section 1. Findin s. 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 high school to replace Ferndale High School; • Renovate and remodel or construct and equip a new high school to replace Windward High School; and • Relocate the District's maintenance and transportation facility. 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. -2- PA20287 CMM20287 ADG 11/27/13 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 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 $125,000,000. 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 -3- P120287 CMM20287 ADG 11/27/13 of the District as required by the Constitution and laws of the State of Washington or exceeding the amount permitted by the Constitution and laws of the State of Washington. Section 4. Details of Bonds. The bonds provided for in Section 3 hereof shall be sold in such amounts and at such time or times as deemed necessary and advisable by this Board and as permitted by law, shall bear interest at a rate or rates not to exceed the maximum rate permitted 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 11, 2014 The Whatcom County Auditor as ex ofcio 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: -4- P120287 CMW20237 ADG 11/27/13 PROPOSITION NO. 1 FERNDALE SCHOOL DISTRICT NO. 502 GENERAL OBLIGATION BONDS - $125,000,000 The Board of Directors of Ferndale School District No.502 adopted Resolution No. 13-2013 concerning this proposition for bonds. This proposition would authorize the District to construct and equip a high school to replace Ferndale High School, to remodel or construct and equip a new high school to replace Windward High School, and to relocate the District's maintenance and transportation facilities; to issue $125,000,000 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. 13-2013. Should this proposition be: APPROVED........ 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 for Business 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 -5- RX20287 CMM20287 ADG 11/27/13 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 Ferndale School District No. 502, Whatcom County, Washington, at a regular meeting held this 17th day of December, 2013. FERNDALE BOO DISTRICT NO. 502, WHATCOM OUI, WASHINGTON Directors -6- PA20287 CMVN20287 ADG 11/27/13 CERTIFICATE I, the undersigned, Secretary of the Board of Directors of Ferndale School District No. 502, 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. 13-2013 of the Board (herein called the "Resolution"), duly adopted at a regular meeting thereof held on the 17th day of December, 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. 2013. IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of December, / SecretaK of the B d of Directors P:\20287 CMVVN20287 ADG 11/27/13 OFFICIAL BALLOT FERNDALE SCHOOL DISTRICT NO. 502 WHATCOM COUNTY, WASHINGTON February 11, 2014 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 FERNDALE SCHOOL DISTRICT NO. 502 GENERAL OBLIGATION BONDS - $125,000,000 The Board of Directors of Ferndale School District No. 502 adopted Resolution No. 13-2013 concerning this proposition for bonds. This proposition would authorize the District to construct and equip a high school to replace Ferndale High School, to remodel or construct and equip a new high school to replace Windward High School, and to relocate the District's maintenance and transportation facilities; to issue $125,000,000 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. 13-2013. Should this proposition be: APPROVED.......................................................................................... ❑ REJECTED........................................................................................... ❑ PA20287 CMMC267 ADG 11/27/13 NOTICE OF SPECIAL ELECTION FERNDALE SCHOOL DISTRICT NO. 502 WHATCOM COUNTY, WASHINGTON February 11, 2014 NOTICE IS HEREBY GIVEN that on Tuesday, February 11, 2014, 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 FERNDALE SCHOOL DISTRICT NO. 502 GENERAL OBLIGATION BONDS - $125,000,000 The Board of Directors of Ferndale School District No. 502 adopted Resolution No. 13-2013 concerning this proposition for bonds. This proposition would authorize the District to construct and equip a high school to replace Ferndale High School, to remodel or construct and equip a new high school to replace Windward High School, and to relocate the District's maintenance and transportation facilities; to issue $125,000,000 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. 13-2013. Should this proposition be: APPROVED.......................................................................................... ❑ REJECTED........................................................................................... ❑ Whatcom County Auditor P:T0287 CMWl202B7 ADG 11127/13 p{GOM CD f �Y 0 psH! NGS VALIDATION FIGURES for School District Elections to be held in 2014 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 5, 2013. 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 Only) 35,625 14,250 9,805 3,922 5,504 2,202 7,423 2,970 3,506 1,403 3,048 1,220 4,782 1,913 18 (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, 2014 ELECTION DATES (RCW 29A.56.020, 29A.04.311, .321 and. 330) 2014 Election Dates February 11, 2014 April 22, 2014 August 5, 2014 (Primary) November 4, 2014 (General) Resolution Deadlines December 27, 2013 March 7, 2014 May 9, 2014 August 5, 2014 Note: Candidate Filing Week May 12 -- May 16, 2014 The State Legislature may change the date(s) of an election(s). Debbie Adelstein, County Auditor