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Home My WebLink About2020 - Ferndale School District No. 502 School Programs and Operations Replacement Levy - Special Election April 28, 2020FERND T,R SCHOOL DISTRICT March 17, 2020 .AlukhngA Difference The Honorable Dianna Bradrick Whatcom County Auditor 311 Grand Avenue, Suite 103 Bellingham, WA 98225 Dear Ms. Bradrick: On behalf of the Ferndale School Board, I want to inform you that the board would like to rescind the levy ballot measure that it submitted to you through Resolution No. 4-2020 for the April 28, 2020 election. Due to the situation we find ourselves in with regard to COVID-19, the school board met in a special session on March 17, 2020 and decided it was best to remove the levy measure from the ballot. We appreciate your input and flexibility in making this decision, and honoring our request. If you have any questions regarding this matter, please call me at 360.319.1102. Sincerely, Mr. Andrew McLaurin, President Ferndale School Board of Directors Post Office Box 698 • Ferndale, Washingron 98248 • (360) 383-9200 • wwNvm ferndalesd.otg RECEIVED APR 0 9 2020 DIANA BRADRICK WHATCOM COUNTY AUDITOR FERNDALE SCHOOL DISTRICT NO. 502 WHATCOM COUNTY, WASHINGTON SCHOOL PROGRAMS AND OPERATIONS REPLACEMENT LEVY RESOLUTION NO. 6-2020 A RESOLUTION of the Board of Directors of Ferndale School District No. 502, Whatcom County, Washington, rescinding and repealing Resolution No. 4-2020. ADOPTED MARCH 31, 2020 PREPARED BY: K&L GATES LLP Seattle, Washington RESOLUTION NO. 6-2020 A RESOLUTION of the Board of Directors of Ferndale School District No. 502, Whatcom County, Washington, rescinding and repealing Resolution No. 4-2020. WHEREAS, the Board of Directors (the "Board") of Ferndale School District No. 502, Whatcom County, Washington (the "District") adopted Resolution No. 4-2020 on February 25, 2020, 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 April 28, 2020, of a proposition for a replacement levy for educational programs and operations (the "EP&O Proposition"); and WHEREAS, due to the Washington State Governor's declared State of Emergency regarding the novel coronavirus, his directives concerning community gatherings, and the District's commitment to engaging its community, the District wishes to postpone the submission of the EP&O Proposition to the voters at the April 28, 2020 election; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF FERNDALE SCHOOL DISTRICT NO. 502, WHATCOM COUNTY, WASHINGTON, as follows: Section 1. Findin . Due to the Washington State Governor's declared State of Emergency regarding the novel coronavirus, his directives concerning community gatherings, and the District's commitment to engaging its community, the District wishes to postpone the submission of the EP&O Proposition. The Board hopes to be able to submit the EP&O Proposition to the qualified electors at a future date as yet to be determined. Section 2. Removal of EP&O Proposition from April 28. 2020 Ballot and Related Voters' Pamphlet. The Secretary of the Board of Directors is hereby authorized and directed to communicate the Board's intentions to the Whatcom County Auditor, as ex ofcio supervisor of elections in Whatcom County, to accomplish the removal of the EP&O Proposition from the April 28, 2020 Ballot and related voters' pamphlet. Section 3. Repealer. The Board hereby rescinds and repeals Resolution No. 4-2020 in its entirety. Section 4. Effective Date. This resolution shall become effective immediately upon its adoption. -2- 502900559 v1 ADOPTED by the Board of Directors of Ferndale School District No. 502, Whatcom County, Washington at regular meeting thereof held this 31 st day of March, 2020. ATTEST: Secretary the Board FERNDALE SCHOOL DISTRICT NO. 502, WHATCOM COUNTY, WASHINGTON President an E V Director Director V Director -3- 502900589 v1 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: That the attached resolution is a true and correct copy of Resolution No. 6- 2020 of the Board (the "Resolution"), duly adopted at a regular meeting thereof held on the 31 st day of March, 2020. 2. That said meeting was duly convened and held in all respects in accordance with law, and that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Board voted in the proper manner for the adoption of the Resolution; that all other requirements and proceedings incident to the proper adoption of the Resolution have been duly fulfilled, carried out and otherwise observed; and that I am authorized to execute this certificate. 3. IN WITNESS WHEREOF, I have hereunto set my hand this 31st day of March, 2020. Se etary,�d of Directors 502900589 v1 NOTICE FERNDALE SCHOOL DISTRICT NO. 502 WHATCOM COUNTY, WASHINGTON April 28, 2020 NOTICE IS HEREBY GIVEN that on April 28, 2020, 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-,?— FERNDALE SCHOOL DISTRICT Dom. 502 SCHOOL PROGRAMS AND OPERATIONS REPLACEMENT LEVY The Board of Directors adopted Resolution No. 4-2020 concerning educational funding. This proposition authorizes the District to levy the following excess taxes, to replace an expiring levy, on all taxable property within the District, to maintain and support the District's educational programs and operations, which are not funded or not fully funded by the State: Approximate W� Collection Levy Rate/$1,000 Levy Years Assessed Value Amount 2021 $2.17 $12,500,000 2022 $2.17 $13,750,000 all as provided in the Resolution. Should this proposition be approved? YES...................................... NO........................................ 0 Whatcom County Auditor 502827330 v1 Election Date: April 28, 2020 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 AdO�i ,WX wt)- A Passage of Proposition allows the levy of: $12,500,000 in property taxes within Ferndale School District D;6'502 for collection in 2021 and $13,750,000 in 2022, to replace an expiring levy. This levy, in accordance with Resolution No. 4-2020, would be used to pay costs associated with education and operations. Based on projected information, estimated levy rates per $1,000 of assessed value may be $2.17 (2021 collection) and $2.17 (2022 collection). The exact levy rate shall be determined at the time of the levy. e-11, 1 4.g5 502827365 v1 Ballot Measure Cover Sll..et 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. InformationDistrict District Name: Ferndale School District No. 502 District Address: 6041 Vista Drive, PO Box 698, Ferndale, WA 98248 Contact Person 1 Contact Person 2 Mark Deebach, Assistant Superintendent for Business and Support Services E Dr. Linda Quinn, Su Name & Title Name & Title (300) 383-9203 mark.deebach@ferndalesd.org (360) 383-9207 linda.quinn@ferndalesd.org Phone & email Phone & email M. Weed Name (206) 623-7580 cynthia weed@klgates com Phone & email Attached the Resolution with original signatures or a certified copy of the original Resolution? Has your attorney prepared this ballot measure? ® Yes ❑ No ® Yes ❑ No 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? Completed this cover sheet? Auditor's Office Use RECEIVED FEB 2 T 2020 DIANA BRADRiCK WHATCOM COUNTY AUDITOR Deputy Auditor's Si oalure U ® Yes ❑ No Missing document(s): I understand that the submittal qeadline date for the missing documents is = and the Auditor's Office will not begin processing this ballot measure until all documents have been submitted. ;Z�� -2 Z�n� Presenter's Sig lure Revised 10/11/18 RECEIVED FEB 2 7 2020 DIANA WHATCO MB 60RUNTYADRkCK Ai0DkTOR FERNDALE SCHOOL DISTRICT NO. 502 WHATCOM COUNTY, WASHINGTON SCHOOL PROGRAMS AND OPERATIONS REPLACEMENT LEVY RESOLUTION NO. 4-2020 A RESOLUTION of the Board of Directors of Ferndale School District No. 502, Whatcom County, Washington, providing for the submission to the qualified electors of the District at a special election to be held therein on April 28, 2020, of the proposition of whether excess taxes should be levied of $12,500,000 in 2020 for collection in 2021 and $13,750,000 in 2021 for collection in 2022, said excess taxes to pay part of the educational programs and operations support of the District. ADOPTED FEBRUARY 25, 2020 PREPARED BY: K&L GATES LLP Seattle, Washington RESOLUTION NO. 4-2020 A RESOLUTION of the Board of Directors of Ferndale School District No. 502, Whatcom County, Washington, providing for the submission to the qualified electors of the District at a special election to be held therein on April 28, 2020, of the proposition of whether excess taxes should be levied of $12,500,000 in 2020 for collection in 2021 and $13,750,000 in 2021 for collection in 2022, said excess taxes to pay part of the educational programs and operations support of the District. WHEREAS, Ferndale School District No.502, Whatcom County, Washington (the "District"), for the past four years has had in effect a maintenance and operations levy in order to enable the District to pay for its educational programs and services, including teaching, school supplies, technology, athletics, buildings and transportation; and WHEREAS, the current maintenance and operations levies expire this year; and WHEREAS, the money in and to be paid into the General Fund of the District during the 2020-2021, 2021-2022, and 2022-2023 school years will be insufficient to enable the District to pay for necessary educational programs and operations and to properly meet the educational needs of the students attending District schools; and WHEREAS, the existing authority for the imposition of local tax levies and use of local revenues (including the proceeds of tax levies) has been modified most recently by Chapter 410, Laws of 2019 (66th Legislature, Regular Session) and may be modified in the future by the State Legislature; and WHEREAS, in order to properly provide for such educational programs and operations needs, the Board of Directors of the District deems it necessary to levy the following taxes upon all of the taxable property within the District in excess of the maximum annual tax levy permitted by law to be levied within the District without a vote of the electors: A. A tax of approximately $2.17 per thousand dollars of assessed valuation to provide $12,500,000, said levy to be made in 2020 for collection in 2021; B. A tax of approximately $2.17 per thousand dollars of assessed valuation to provide $13,750,000, said levy to be made in 2021 for collection in 2022; and WHEREAS, in the event the State Legislature increases education funding to the District, the District would, therefore, intend to roll back the levies provided for herein; WHEREAS, prior to the time the ballot proposition authorized in this resolution is submitted to the voters, the District will have received approval of its educational programs and operations/enrichment tax levy expenditure plan from the Office of the Superintendent of Public Instruction as required under RCW 84.52.053(4); and WHEREAS, the Constitution and laws of the State of Washington require that the question of whether or not such excess taxes may be levied must be submitted to the qualified electors of the District for their ratification or rejection; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF FERNDALE SCHOOL DISTRICT NO.502, WHATCOM COUNTY, WASHINGTON, as follows: Section 1. The following taxes for the District's General Fund should be levied upon all of the taxable property within the District in excess of the maximum annual tax levy permitted by law to be levied within the District without a vote of the electors: A. $12,500,000, said levy to be made in 2020 for collection in 2021; and B. $13,750,000, said levy to be made in 2021 for collection in 2022. -2- 502827330 v1 The estimated levy rate depends upon the final dollar amount of assessed value of the property within the District. At this time, based upon information provided by the Whatcom County Assessor's office, the estimated levy rate for the 2020 levy is $2.17 per thousand dollars of assessed valuation and the estimated levy rate for the 2021 levy is $2.17 per thousand dollars of assessed valuation. The exact levy rate shall be adjusted based upon the actual assessed value of the property within the District at the time of the levy. Upon approval by the voters of the proposition substantially in the form set forth below, the District may use the proceeds of said levies during the 2020-2021, 2021-2022, and 2022-2023 school years by incurring an indebtedness by the issuance of short term obligations against the General Fund of the District, as authorized by Chapter 39.50 RCW, and may expend the proceeds of said levies to pay such part of the general expenses of educational programs and operations of the District during such school years as may be authorized or allowed by law for the use of excess levy funds. Section 2. It is hereby found and declared that the best interests of the District require submission to the qualified electors of the District of the proposition of whether or not the District shall levy such excess tax for their ratification or rejection at a special election to be held therein on April 28, 2020. The Whatcom County Auditor, as ex officio supervisor of elections in Whatcom County, Washington, is hereby requested to call and conduct said special election to be held within the District in Whatcom County on said date and to submit to the qualified electors of the District the proposition substantially in the form hereinafter set forth. -3- 502827330 v1 The Secretary of the Board of Directors is hereby authorized and directed to certify said proposition substantially in the following form: PROPOSITION NO. 1 FERNDALE SCHOOL DISTRICT NO. 502 SCHOOL PROGRAMS AND OPERATIONS REPLACEMENT LEVY The Board of Directors adopted Resolution No. 4-2020 concerning educational funding. This proposition authorizes the District to levy the following excess taxes, to replace an expiring levy, on all taxable property within the District, to maintain and support the District's educational programs and operations, which are not funded or not fully funded by the State: Approximate Collection Levy Rate/$1,000 Levy Years Assessed Value Amount 2021 $2.17 $12,500,000 2022 $2.17 $13,750,000 all as provided in the Resolution. Should this proposition be approved? YES...................................... NO........................................ 0 The Secretary of the Board of Directors of the District is hereby directed to deliver a certified copy of this resolution to the Whatcom County Auditor. Section 3. 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, Business & Support Services (Mark Deebach), telephone: 360-383-9203; email: mark.deebach@ferndalesd.org; and (b) special counsel, K&L Gates LLP (Cynthia Weed) telephone: 206-370-7801; email: cynthia.weed@klgates.com, as the individuals to whom the Whatcom County Auditor shall provide such notice. The Assistant Superintendent, Business & -4- 502827330 v1 Support Services is authorized to approve changes to the ballot title, if any, deemed necessary by Whatcom County Auditor or the Office of the Whatcom County Prosecuting Attorney. Section 4. Pursuant to authority granted by RCW 29A.32.220, the Board of Directors hereby authorizes the District's participation in the local voters' pamphlet for the April 28, 2020 election and requests that the Whatcom County Auditor prepare and publish a voters' pamphlet for this proposition. The District understands and agrees that it will be required to pay its proportionate share of the expenses of the voters' pamphlet. -5- 502827330 v1 �1\ ADOPTED by the Board of Directors of Ferndale School District No. 502, Whatcom County, Washington, at a regular meeting thereof, held on the 25th day of February, 2020. FERNDALE SCHOOL DISTRICT NO. 502, WHATCOM COUNTY, WASHINGTON President an cr rctor Director Director Director Director ATTEST: Secre ary, Boar o Directors -6- 502839393 v1 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. 4-2020 of the Board (the "Resolution"), duly adopted at a regular meeting thereof held on the 25th day of February, 2020. 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Board voted in the proper manner for the adoption of the Resolution; that all other requirements and proceedings incident to the proper passage of the Resolution have been duly fulfilled, carried out and otherwise observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of February, 2020. Secreta , oard of Directors 502839393 v1 NOTICE FERNDALE SCHOOL DISTRICT NO. 502 WHATCOM COUNTY, WASHINGTON April 28, 2020 NOTICE IS HEREBY GIVEN that on April 28, 2020, 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 SCHOOL PROGRAMS AND OPERATIONS REPLACEMENT LEVY The Board of Directors adopted Resolution No. 4-2020 concerning educational funding. This proposition authorizes the District to levy the following excess taxes, to replace an expiring levy, on all taxable property within the District, to maintain and support the District's educational programs and operations, which are not funded or not fully funded by the State: Approximate Collection Levy Rate/$1,000 Levy Years Assessed Value Amount 2021 $2.17 $12,500,000 2022 $2.17 $13,750,000 all as provided in the Resolution. Should this proposition be approved? YES...................................... NO........ ................................ Whatcom County Auditor 502827330 v1 OFFICIAL BALLOT FERNDALE SCHOOL DISTRICT NO. 502 WHATCOM COUNTY, WASHINGTON April 28, 2020 INSTRUCTIONS TO VOTERS: To vote in favor of the following proposition, place a cross (X) in the square opposite the word "YES"; to vote against the following proposition, place a cross (X) in the square opposite the word "NO." PROPOSITION NO. 1 FERNDALE SCHOOL DISTRICT NO. 502 SCHOOL PROGRAMS AND OPERATIONS REPLACEMENT LEVY The Board of Directors adopted Resolution No. 4-2020 concerning educational funding. This proposition authorizes the District to levy the following excess taxes, to replace an expiring levy, on all taxable property within the District, to maintain and support the District's educational programs and operations, which are not funded or not fully funded by the State: Approximate Collection Levy Rate/$1,000 Levy Years Assessed Value Amount 2021 $2.17 $12,500,000 2022 $2.17 $13,750,000 all as provided in the Resolution. Should this proposition be approved? YES...................................... NO........................................ a 502827330 v1 Election Date: April 28, 2020 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 allows the levy of: $12,500,000 in property taxes within Ferndale School District No. 502 for collection in 2021 and $13,750,000 in 2022, to replace an expiring levy. This levy, in accordance with Resolution No. 4-2020, would be used to pay costs associated with education and operations. Based on projected information, estimated levy rates per $1,000 of assessed value may be $2.17 (2021 collection) and $2.17 (2022 collection). The exact levy rate shall be determined at the time of the levy. 502827365 v1