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Home My WebLink About2018 - Ferndale School District No. 502 Prop 2018-7 Genera; Obligation Bonds $112,000,000 - General Election Novemeber 06, 2018Whatcom County tC.d M 0 P � Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Phone: (360) 778-5100 Fax: (360)778-5101 Email: auditor@co.whatcom.wa.us Internet: www.whatcomcounty.uslauditor ELECTION RESULTS RECEIPT Debbie Adelstein County Auditor Diana Bradrick Chief Deputy Auditor Copies of Ferndale School District 502, Proposition 2018-7, General Obligation Bonds - $112,000,000, election results from the November 6, 2018 General Election, have been delivered to the Assessor's and Treasurer's Office. Receipt Acknowledged: ASSESSOR'S OFFICE: C u i l- Z-`s " 4 Name 0 0 6 Date TREASURER'S OFFICE: Name Date Licensing Recording Elections Administration Licensing@co.whatcom.wa.us Recording@comhatcornma.us Elections@co.whatcom.wa.us Auditor@co.whatcom.wa.us We gladly accept 360-778-5100 360-778-5100 360-778-5102 360-778-5105 relay calls. Statement of Votes Cast by Geography Page: 1 of 1 Whatcom County, Washington, November 6 2018 General, Nov 06, 2018 2018-11-27 All Precincts, All Districts, All ScanStations, Fer Sch Pro 2018-7 General Obligation Bonds - 11:37:49 $112,000,000, All Boxes Total Ballots Cast: 16171, Reqistered Voters: 143265, Overall Turnout: 11.29% Choice Votes Vote % All Precincts Fer Sch Pro 2018-7 General Obligation Bonds - $112,000,000 (Vote for 1) 16171 ballots (1 over voted ballots, 1 overvotes, 946 blank voted), 21742 registered voters, turnout 74.38% Approved 8927 58.64% Rejected 6297 41.36% Total 15224 100.00% STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) This is to certify that on November 6, 2018, there was held a special election in Ferndale School District 502, Whatcom County, Washington, for the submission of a ballot measure to the voters for their approval or rejection; That the results of the election were duly canvassed by the Whatcom County Canvassing Board on November 27, 2018, and the results of said canvass are as reads above. Dated this 27'" day of November, 2018, Bellingham, Whatcom County, Washington, Debbie Adelstein County Auditor 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 6, 2018. 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: FERNDALE SCHOOL DISTRICT02 �l�0�05 moil of U I � _ rl GENERAL OBLIGATION BONDS - $112,000,000 The Board of Directors of Ferndale School District Ai 502 adopted Resolution No. 5-2018 authorizing bonds to fund several capital projects. This proposition authorizes the District to (1) construct and equip a new high school facility to replace the 10, existing Ferndale High School, modernize the Performing Arts :9 Center and provide for District -wide critical maintenance, safety 0 and security needs including controlled building access and LED 9 security lighting; (2) issue $112,000,000 of general obligation g bonds maturing within a maximum of22 years, and (3) levy excess 1('� property taxes annually to repay the bonds, as provided in 1 D Resolution #5-2018. 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. 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 the (a) Assistant Superintendent for Business & Support Services (Mark Deebach), telephone: 360- -5- PA20287 CWA20287 CO2 06/21/18 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 Whatcom County Courthouse 311 Grand Avenue, Second Floor Bellingham, Washington 98225-4079 (360) 676-6784 / FAX (360) 738-2532 COUNTY (360) 398-1310 RECEIVED AUG 2 2 201E DEBBIE ADEI-STEIN WHATCOM COUNTY AUDITOR CHIEF CIVIL DEPUTY Randall J. Watts ASST CHIEF CIVIL DEPUTY Daniel L. Gibson CIVIL DEPUTIES Karen L. Frakes Royce Buckingham CIVIL SUPPORT ENFORCEMENT DEPUTIES Angela A. Cuevas Dionne M. Clasen APPELLATE DEPUTIES Kimberly Thulin Hilary A. Thomas ADMINISTRATOR Kathy Walker Date: August 10, 2018 To: Debbie Adelstein, Diana Bradrick cc: Mark Deebach, Dr. Linda Quinn, Cynthia Weed RE: Ferndale School District Prop. 2018-7 (General Obligation Bonds $112,000,000.) Dear Debbie, I have reviewed the proposed Explanatory Statement language in the above proposition, and I must reject it as submitted, as it does not make clear that taxpayers will repay the amount borrowed through new annual levies. I am including minor changes that clarify the Explanatory Statement: Passage of Proposition 2018-7 would allow Ferndale School District 502 to borrow $112,000,000 by issuing general obligation bonds. In accordance with Resolution No. 5- 2018 approving this proposition, the bonds would pay for planning, constructing, and equipping a new high school facility to replace Ferndale High School; modernizing the Performing Arts Center; and providing for various projects across the district such as controlled building access, exterior lighting, security fencing, critical maintenance upgrades, water tanks, roofing, fire panels, and security systems. The bonds wat 1.1 be d eote The S 112, 000.000 in bonds would be repaid throe new annual property tax levies over a period of up to 22 years. Per our administrative rules, these changes must be discussed with the district prior to final approval. To that end, this memorandum has been forwarded to district contact person #1 and #2 from the ballot measure cover sheet and the district's attorney. The district may contact me for further discussion. The district may also appeal this rejection to superior court within five (5) business days. If no further action is taken by August 17, 2018, this version shall be deemed final. Sincerely, Royce Buckingham Attorney for Whatcom County iMc",�� Ballot Measure Cover Sheet A completed cover sheet must accompany each ballot measure submitted to the Whatcom 314 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: Ferndale School District No. 502 District Address: 6041 Vista Drive, Ferndale, WA 98248 Contact Person 1 1 Contact Person 2 Mark Deebach, Assistant Superintendent for Business & Support Services Name & Title (360) 383-9203 mark.deebach@ferndalesd.org Phone & email Cynthia Weed Name cynthia.weed@klgates.com Phone & email Dr. Linda Quinn, Superintendent Name & Tide (360) 383-9207 linda.quinn@ferndalesd.org Phone & email Has your attorney prepared this ballot measure? 0✓ Yes ❑ No Type of Election: Bond (e.g., Levy, Bond, Levy Lid Lift, etc.) Pass/Fail requirement(s) for the measure as Applicable Statutory References: determined by the District's Attorney: Article VII Section 2(b) of the Washington Constitution, RCW 60% 28A.530.010, RCW 28A.530.020, RCW 39.36.050 and RCW 84.52.056 (e.g., Simple Majority, 60% Minimum Turnout, etc.) 0 Attached the Resolution with original signatures or certified ❑f Yes ONo copy of the original Resolution? Attached the Explanatory Statement (not to exceed 100 words) Yes No for the Local Voters' Pamphlet prepared by your attorney? Attached the 'For" and "Against' Committee Appointment Yes ❑ No Forms? U0 Comm. A14WST - •[iLsr okabF op T Completed this cover sheet? Z Yes No RECEIVED AUG 2 2018 DEBBIE ADELSTEIN WHATCOM COUNTY AUDITOR 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 measur until all documents have been submitted. LWlit��. I a,'v] 9epy4y A�ditor's Signature Presenters Signat rje 1 U V Revised 3/13/2017 RECEIVED AUG 2 2018 DEBBIE ADELSTEIN WHATCOM COUNTY AUDITOR FERNDALE SCHOOL DISTRICT NO. 502 W1 ATCOM COUNTY, WASHINGTON GENERAL OBLIGATION BONDS RESOLUTION NO. 5-2018 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 November 6, 2018, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $112,000,000, 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 JUNE 26, 2018 PREPARED BY: K&L GATES LLP Seattle, Washington FERNDALE SCHOOL DISTRICT NO. 502 RESOLUTION NO. 5-2018 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................................................................................................................. 5 Section 6. Notices Relating to Ballot Title............................................................................ 5 Section 7. Request for Eligibility for the Credit Enhancement Program ............................... 6 Section8. Severability........................................................................................................... 6 Section9. 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. -i- P:W287 CMVV\20287 CO2 06/21/18 RESOLUTION NO. 5-2018 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 November 6, 2018, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $112,000,000, 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 needed 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; • Modernize and upgrade the Performing Arts Center at Ferndale High School, to include sound, light, stage curtain, HVAC and technology systems and repurpose classrooms for design and storage space; and • Provide for Safety and Security projects throughout the District, to include controlled access doors for each building and reconfiguration of entrances as needed for controlled access, exterior LED lighting and additional security fencing for buildings as necessary; and • Provide for critical major maintenance needs to include District -wide upgrades, repairs and replacements to include HVAC controls, digital data -2- PA20287 CMVN20287 CO2 06/21/18 controls, water tanks, roofing, fire panels and safety and security systems. 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 the general obligation bonds herein authorized in Section 3 for the above purposes (the "Bonds"), 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 (the "State") pursuant to Chapter 28A.525 RCW. The District intends to apply such funds to the completion of the Improvements described in Section 2 and if not required for those purposes, then to pay principal of and/or interest on the Bonds. Such funds may also be used to make other capital improvements to the facilities of the District, but only 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 Bonds which -3- PA20287 CMVN20287 CO2 06/21/18 shall be unlimited tax general obligation bonds in the principal amount of not to exceed $112,000,000. The balance of the cost of the Improvements shall be paid with funds received from the State or 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. The 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 or exceeding the amount permitted by the Constitution and laws of the State. 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 two (22) years from date of issue, but may mature at an earlier date or dates, as authorized by this Board and as provided by law. The 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 the Bonds shall be as hereafter fixed by resolution of the Board. After voter approval of the Bond proposition described in Section 5 and in anticipation of the issuance of the Bonds, the District may issue short term obligations as authorized and provided by Chapter 39.50 RCW. -4- P:\20287-CMVIA20287-CO2 06121118 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 6, 2018. 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: PROPOSITION NO. 1 FERNDALE SCHOOL DISTRICT NO. 502 GENERAL OBLIGATION BONDS - $112,000,000 The Board of Directors of Ferndale School District No.502 adopted Resolution No. 5-2018 authorizing bonds to fund several capital projects. This proposition authorizes the District to (1) construct and equip a new high school facility to replace the existing Ferndale High School, modernize the Performing Arts Center and provide for District -wide critical maintenance, safety and security needs including controlled building access and LED security lighting; (2) issue $112,000,000 of general obligation bonds maturing within a maximum of 22 years, and (3) levy excess property taxes annually to repay the bonds, as provided in Resolution #5-2018. 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. 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 the (a) Assistant Superintendent for Business & Support Services (Mark Deebach), telephone: 360- -5- PA20287 CWA20287-0O2 06121/18 383-9203; fax: 360-383-9201; email: mark.deebach@femdalesd.org, and (b) bond counsel, K&L Gates LLP (Cynthia Weed), telephone: 206.370.7801; fax: 206.370.6201; email: cynthia.weed@klgates.com, as the individuals to whom the Whatcom County Auditor shall provide such notice. The Secretary of the Board is authorized to approve changes to the ballot title, if any, deemed necessary by the Whatcom County Auditor or the Office of the Whatcom County Prosecuting Attorney. Section 7. 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 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 8. 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. -6- PA20287 CMW120287 CO2 060118 Section 9. 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 26th day of June, 2018. ATTEST: of the Board of Directors FERNDALE SCHOOL DISTRICT NO. 502, TCOM COUNTY, WA IN TON jJI—C '� V Directors -7- P920287 CMWt20287 CO2 06/21/18 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. 5-2018 of the Board (herein called the "Resolution"), duly adopted at a regular meeting thereof held on the 26th day of June, 2018. 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 26th day of June, 2018. Sec eta y of the o of Directors PA20287 CMV\A20287 CO2 06/21/18 OFFICIAL BALLOT FERNDALE SCHOOL DISTRICT NO. 502 WHATCOM COUNTY, WASHINGTON November 6, 2018 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 in the square opposite the word "REJECTED." PROPOSITION NO. 1 FERNDALE SCHOOL DISTRICT NO. 502 GENERAL OBLIGATION BONDS - $112,000,000 The Board of Directors of Ferndale School District No. 502 adopted Resolution No. 5-2018 authorizing bonds to fund several capital projects. This proposition authorizes the District to (1) construct and equip a new high school facility to replace the existing Ferndale High School, modernize the Performing Arts Center and provide for District -wide critical maintenance, safety and security needs including controlled building access and LED security lighting; (2) issue $112,000,000 of general obligation bonds maturing within a maximum of 22 years, and (3) levy excess property taxes annually to repay the bonds, as provided in Resolution #5-2018. Should this proposition be: APPROVED REJECTED ............................. ......................... ❑ ................ I............ ❑ P.V0287 CMWQ0287_CO2 06/21/18 NOTICE OF SPECIAL ELECTION FERNDALE SCHOOL DISTRICT NO. 502 WHATCOM COUNTY, WASHINGTON November 6, 2018 NOTICE IS HEREBY GIVEN that on Tuesday, November 6, 2018, 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 - $112,000,000 The Board of Directors of Ferndale School District No. 502 adopted Resolution No. 5-2018 authorizing bonds to fund several capital projects. This proposition authorizes the District to (1) construct and equip a new high school facility to replace the existing Ferndale High School, modernize the Performing Arts Center and provide for District -wide critical maintenance, safety and security needs including controlled building access and LED security lighting; (2) issue $112,000,000 of general obligation bonds maturing within a maximum of 22 years, and (3) levy excess property taxes annually to repay the bonds, as provided in Resolution #5-2018. Should this proposition be: APPROVED.......................................................................................... ❑ REJECTED............................................................................................ ❑ Whatcom County Auditor PA20287 CM1M20287 CO2 06/21/18 r-. Election Date: November 6, 2018 Name of Jurisdiction Submitting Measure: Ferndale School District No. 502, Whatcom County, Washington Contact Name: Cynthia Weed Daytime Contact Phone Number: 206-623-7580 EXPLANATORY STATEMENT - PROPOSITION NO. 1 Passage of Proposition No. 1 would allow Ferndale School District No. 502 to borrow $112,000,000 by issuing general obligation bonds. In accordance with Resolution No. 5-2018 approving this proposition, the bonds will pay for planning, constructing, and equipping a new high school facility to replace Ferndale High School; modernizing the Performing Arts Center; and providing for various projects across the district such as controlled building access, exterior lighting, security fencing, critical maintenance upgrades, water tanks, roofing, fire panels, and security systems. The bonds would be repaid out of annual property tax levies over a period of up to 22 years. PA20287 CMM20287 COR 08/02/18