HomeMy WebLinkAbout2019 - Fire Protection District 7 Prop 2019-3 General Obligation Bonds $3500,000 - Primary Election August 06, 2019Statement of Votes Cast by Geography Page: 4 cf4
Whatcom County, Washington, August 6 2019 Primary, Aug 06, 2019 2019-08-20
All Precincts, All Districts, All Scan Stations, All Contests, All Boxes 09:16:54
Total Ballots Cast: 58184. Reqistered Voters: 147254, Overall Turnout: 39.51 %
Propositiion„201.9-3 General ONigatior. Bonds - $3,500,000 (Vote for 1)
6786 ballots (0 over voted ballots, 0 overvotes, 316 undervotes), 16013 registered voters, turnout 42.38%
Approved 4545 7025%
Rejected 1925 29.75%
Total 6470 100.00 %
Overvotes 0
Undervotes 316
Certificate of Results
STATE OF WASHINGTON )
) ss.
COUNTY OF WHATCOM )
This is to certify that on August 6, 2019, there was held a special election in the Whatcom Fire
District No. 7 , 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 August 20, 2019, and the results of said canvass are as reads above.
Dated this Z day of A4gtMr 2019, ellingham, Whatcom County, Washington.
Debbie Adelstein
County Auditor
to pay costs of the Project, those capital expenditures are intended to be reimbursed out of the
Bond Proceeds, or proceeds of other bonds or obligations, issued in an amount not to exceed the
principal amount of the Bonds provided by this resolution.
Section 6. Sufficiency of Bond Proceeds. If Bond Proceeds are more than sufficient
to carry out and accomplish the Project, the District may use such excess Bond Proceeds to retire
and/or defease a portion of the Bonds or other outstanding bonds of the District, all as deemed
necessary or advisable by the Board and as permitted by law. In the event that the Bond
Proceeds, together with any other money of the District legally available therefor, are insufficient
to carry out and accomplish all of the Project, the District shall use the Bond Proceeds and other
available money for paying the cost of that portion of the Project that is deemed by the Board
most necessary and in the best interest of the District.
Section 7. Alteration of Expenditures. If the Board shall subsequently determine that
state or local circumstances, including changed conditions or needs, regulatory considerations, or
incompatible development, should cause any alteration to the Project, the District shall not be
required to accomplish all of the Project and may apply the Bond Proceeds (or any portion
thereof) to: (a) other portions of the Project and/or (b) retire and/or defease a portion of the
Bonds or other outstanding bonds of the District, all as deemed necessary or advisable by the
Board.
Section 8. Form of Ballot Title. Pursuant to RCW 29A.36.071, the Whatc
Prosecuting Attorney is requested to prepare the concise description of the aforesaid 1
for the ballot title in substantially the following form:
FIRE PROTECTION DISTRICT
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L rf .R. F� ► L f G,la t f o ti' I" r•_ c" - — 1 <v 0 0c.
The Board of Fire Commissioners of Fire Protection District��7, Whatcom
County, Washington, adopted Resolution No. 19-0411-01, concerning a proposition
to finance capital improvements. This proposition would authorize the District to
acquire and upgrade fife vehicles, apparatus, and equipment; issue no more than �'�
$3,500,000 of general obligation bonds maturing within 16 years; and levy annual Q
excess property taxes to pay the bonds, all as provided in Resolution No. 19-
0411-01. Should this proposition be:
Approved ....... ❑
Rejected ......... ❑
Section 9. Authorization to Deliver Resolution to Auditor and Perform Other
Necessary Duties. The Secretary to the Board (the "Secretary") or her designee is directed to:
(a) present a certified copy of this resolution to the Auditor no later than 4:30 p.m., Friday,
May 10, 2019; and (b) perform such other duties as are necessary or required by law to submit to
the District's voters at the aforesaid special election, for their approval or rejection, the
4
Election Date:
Name of Jurisdiction Submitting Measure:
Contact Name:
Daytime Contact Phone Number:
August 6, 2019
Fire Protection District No. 7
Chief Larry Hoffman
360.384.0303
FIRE PROTECTION DISTRICT NO. 7
PROPOSITION NO. 1
BALLOT ISSUE EXPLANATORY STATEMENT
This proposition authorizes issuance of general obligation bonds of no more than $3,500,000 for
the purpose of payi4�ty=a caoi &V*4i acquiring and upgrading fire vehicles, apparatus, and
.equipment. The bonds will be payable from annual excess property tax levies for up to 16 years.
The annual excess property taxes are expected to be approximately $24.50 per year on a $350,000
home in 2020.
J,,-�Aj
The district dee"ot have sufficient resources to upgrade its fire vehicles, apparatus, and
equipment and maintain current service standards. Passage of this proposition would enable the l
district to upgrade its fire vehicles, apparatus, and equipment without cutting current service
standards.
Prepared by: Marc Greenough, Foster Pepper PLLC, bond counsel to Fire Protection District
No.7 t _
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it
c ,i Ballot Measure Cover f', ,et
A completed cover sheet must accompany each ballot measure submitted to the Nhatcom
Not°} 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 avaiiable in a Tillable form on the Auditor's website: www.whatcomcounty.uslauditor.
District Information
District Name
District Address:
Contact Person 1
Whatcom County Fire District No. 7
PO Box 1599, 2020 Washington Street, Ferndale WA 98248
Larry Hoffman, Fire Chief
Name & Title
360-384-0303 Lhoffman@wcfd7.org
Phone & email
Marc Greenough
Name
206-447-7888 marc.greenough@foster.com
Phone & email
Contact Person 2
Patricia Markel, Finance Administrator
Name & Title
360-384-0303 Pmarkel@wcfd7.org
Phone & email
Has your attorney prepared this ballot measure?
■ Yes ❑ No
Have •
Attached the Resolution with original signatures or a certified
Yes
❑ No
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?
Completed this cover sheet?
■ Yes
❑ No
��� Missing document(s): A kiA5� % d rnhs51�
RED I understand that the submittal deadline date for the
missing documents is Friday, May 10, 2019 and the
MAY 0 6 2019 Auditor's Office will not begin processing this ballot
measure until all documents have been submitted.
DEBBIE ADELSTEiN
wwcoM CouNTY AUDIMR
r�-& rJ4��
Qepu u ors Signature
Presenter's Signature
Revised 10/11/18
RECEIVED
FIRE PROTECTION DISTRICT NO. 7
WHATCOM COUNTY, WASHINGTON
MAY 0 6 2019
DEBBIE ADELSTEIN
WHATCOM COUNT`( AUDITOR
BONDS FOR FIRE VEHICLES, APPARATUS, AND EQUIPMENT
RESOLUTION NO. 19-0411-01
A RESOLUTION of the Board of Fire Commissioners of Fire Protection
District No. 7, Whatcom County, Washington, providing for the submission to the
voters of the District at a special election to be held on August 6, 2019, in
conjunction with the State primary election to be held on the same date, of a
proposition authorizing the District to issue general obligation bonds in the
principal amount of no more than $3,500,000, for the purpose of paying costs
associated with acquiring and upgrading fire vehicles, apparatus, and equipment, the
principal of and interest on such bonds to be payable from annual excess property
tax levies; designating the Fire Chief of the District and bond counsel to receive
notice of the ballot title from the Auditor of Whatcom County, Washington; and
providing for other matters properly related thereto, all as more particularly set
forth herein.
ADOPTED: April 11, 2019
RECEIVED
FIRE PROTECTION DISTRICT NO. 7 MAY 0 6 2019
W14ATCOM COUNTY, WASHINGTON
fi]EBSIE ADELSTEIN
RESOLUTION NO. 19-0411-01 WHATCaM COUNTY AUDITOR
A RESOLUTION of the Board of Fire Commissioners of Fire Protection
District No. 7, Whatcom County, Washington, providing for the submission to the
voters of the District at a special election to be held on August 6, 2019, in
conjunction with the State primary election to be held on the same date, of a
proposition authorizing the District to issue general obligation bonds in the
principal amount of no more than $3,500,000, for the purpose of paying costs
associated with acquiring and upgrading fire vehicles, apparatus, and equipment, the
principal of and interest on such bonds to be payable from annual excess property
tax levies; designating the Fire Chief of the District and bond counsel to receive
notice of the ballot title from the Auditor of Whatcom County, Washington; and
providing for other matters properly related thereto, all as more particularly set
forth herein.
BE IT RESOLVED BY THE BOARD OF FIRE COMMISSIONERS OF FIRE
PROTECTION DISTRICT NO. 7, WHATCOM COUNTY, WASHINGTON, as follows:
Section 1. Findings and Determinations. The Board of Fire Commissioners (the
"Board") of Fire Protection District No. 7, Whatcom County, Washington (the "District"), takes
note of the following facts and hereby makes the following findings and determinations:
(a) The public interest, health, welfare, and safety require that the District acquire and
upgrade fire vehicles, apparatus, and equipment, all as more particularly defined and described in
Section 2 (the "Project"). The Project is urgently required to correct existing conditions.
(b) The District lacks sufficient money with which to pay costs of the Project.
(c) To pay costs of the Project, it is necessary and advisable that the District issue and
sell unlimited tax general obligation bonds in the principal amount of no more than $3,500,000
(the "Bonds"), or such lesser maximum amount as may be legally issued under the laws
governing the limitation of indebtedness or required to carry out and accomplish the Project.
(d) The District is authorized pursuant to Article VII, Section 2(b) of the Washington
Constitution and laws of the State of Washington, including Section 39.36.050 of the Revised
Code of Washington ("RCW"), RCW 52.16.080, and RCW 84.52.056, to submit to the District's
voters at a special election, for their approval or rejection, the proposition of whether the District
shall issue the Bonds to pay costs of the Project and levy annual excess property taxes to pay the
Bonds.
(e) The best interests of the District and its residents require the District to carry out
and accomplish the Project as hereinafter provided.
Section 2. Description of Project. The Project to be paid for with proceeds of the
Bonds, including interest earnings thereon ("Bond Proceeds"), is more particularly defined and
described as follows:
(a) Acquire -and upgrade fire vehicles, apparatus, and equipment, all as deemed
necessary and advisable by the Board.
(b) Make other capital acquisitions and improvements, all as deemed necessary and
advisable by the Board.
(c) Pay incidental costs incurred in connection with carrying out and accomplishing
the Project described above pursuant to RCW 52.16.080 and RCW 39.46.070. Such incidental
costs shall be deemed part of the Project and shall include: (1) costs related to the issuance, sale,
and delivery of the Bonds; (2) payments for fiscal and legal expenses; (3) costs of obtaining
ratings and bond insurance; (4) costs of printing, advertising, establishing, and funding accounts;
(5) necessary and related planning, consulting, inspection, permitting, and testing costs;
(6) administrative expenses; and (7) costs of other similar activities or purposes, all as deemed
necessary and advisable by the Board.
The Project, or any portion or portions thereof, shall be acquired or made insofar as is
practicable with available Bond Proceeds, together with any other money of the District legally
available therefor, and in such order of time as shall be deemed necessary and advisable by the
Board. Subject to Section 6, the Board shall allocate the Bond Proceeds, together with any other
money of the District legally available therefor, between the various parts of the Project so as to
accomplish, as near as may be, all of the Project. The Board shall determine the exact order,
extent, and specifications for the Project. The Project is to be more fully described in the plans
and specifications to be filed with the District.
Section 3. Calling of Election. The Auditor of Whatcom County, Washington, as
ex officio Supervisor of Elections (the "Auditor"), is requested to call and conduct a special
election in the District, in the manner provided by law, to be held therein on August 6, 2019, in
conjunction with the State primary election to be held on the same date, for the purpose of
submitting to the District's voters, for their approval or rejection, the proposition of whether the
District shall issue the Bonds to pay costs of the Project and levy annual excess property taxes to
pay the Bonds.
If the proposition is approved by the requisite number of voters, the District will be
authorized to issue, sell, and deliver the Bonds in the manner described in this resolution, spend
the Bond Proceeds to pay costs of the Project, and levy annual excess property taxes to pay the
Bonds. The Bond Proceeds shall be used, either with or without additional money now available
or hereafter available to the District, for capital purposes only, as permitted by law, which shall
not include the replacement of equipment.
Section 4. Authorization to Issue the Bonds. The Bonds authorized may be issued as
a single issue, as a part of a combined issue with other authorized bonds, or in more than one
series, all as deemed necessary and advisable by the Board and as permitted by law. Further, the
Bonds may be issued, as deemed necessary and advisable by the Board, as taxable bonds, tax-
2
exempt bonds, and/or any other type of tax credit bonds that are now or in the future may be
authorized under applicable state and federal law.
Each series of the Bonds shall be issued as fully registered bonds; shall bear interest
payable as permitted by law; shall mature within 16 years after the date of issuance of such series
of the Bonds (but may mature on an earlier date or dates as fixed by the Board); shall be paid by
annual property tax levies sufficient in amount to pay both principal and interest when due,
which annual property tax levies shall be made in excess of regular property tax levies without
limitation as to rate or amount but only in amounts sufficient to meet such payments of principal
and interest as they come due; and shall be issued and sold in such manner, at such times, and in
such amounts as shall be required for the purpose for which each series of the Bonds are to be
issued, all as deemed necessary and advisable by the Board and as permitted by law. The life of
the Project to be financed with the Bond Proceeds shall exceed the term of the respective series
of Bonds that finance the Project. Pending the issuance of any series of the Bonds, the District
may issue short-term obligations pursuant to chapter 39.50 RCW to pay for any portion of the
costs of the Project. Such obligations may be paid or refunded with Bond Proceeds.
The Board hereby authorizes and directs the Fire Chief of the District (the "Fire Chief')
to determine for each series of Bonds whether such series should be sold by private placement,
or negotiated or competitive sale, and with respect to such series of Bonds that are to be sold by
competitive sale, to: (a) specify a date and time of sale of such Bonds; (b) give notice of that
sale; (c) determine any bid requirements and criteria for determining the award of the bid;
(d) provide for the use of an electronic bidding mechanism if the Fire Chief deems electronic
bidding to be beneficial to the District; and (e) specify other matters in his or her determination
necessary, appropriate, or desirable to carry out the sale of the Bonds. Notwithstanding the
foregoing, the amount, date, denominations, interest rates, payment dates, final maturity,
redemption rights, price, and other terms and conditions of the Bonds (or parameters with respect
thereto) shall be hereafter fixed by one or more resolutions of the Board authorizing the issuance,
sale, and delivery of such series of Bonds, which resolutions may delegate to a District officer or
employee the authority to fix any of the foregoing, all as deemed necessary and advisable by the
Board and as permitted by law.
If the District receives voter approval to issue the Bonds in the manner described in this
resolution, the Board authorizes and directs the Fire Chief to: (a) review and deem "final"
(within the meaning of Rule 15c2-12 of the Securities and Exchange Commission), if necessary
and upon such official's satisfaction, any preliminary official statement prepared in connection
with the sale of each series of the Bonds by the District; (b) authorize the deemed final
preliminary official statement to be distributed prior to the date any underwriter or purchaser bids
for, purchases, offers, or sells each series of the Bonds; and (c) acknowledge in writing any
action taken pursuant to clauses (a) and (b) of this paragraph.
Section 5. Intent to Reimburse. The Board declares that to the extent, prior to the
date the Bonds, or other bonds or obligations (which includes the Bonds, or other bonds or
obligations issued as tax-exempt bonds and/or tax credit bonds) are issued to pay costs of the
Project, the District shall make capital expenditures for the Project from money that is not (and is
not reasonably expected to be) reserved, allocated on a long-term basis, or otherwise set aside by
the District under its existing and reasonably foreseeable budgetary and financial circumstances
3
to pay costs of the Project, those capital expenditures are intended to be reimbursed out of the
Bond Proceeds, or proceeds of other bonds or obligations, issued in an amount not to exceed the
principal amount of the Bonds provided by this resolution.
Section 6. Sufficiency of Bond Proceeds. If Bond Proceeds are more than sufficient
to carry out and accomplish the Project, the District may use such excess Bond Proceeds to retire
and/or defease a portion of the Bonds or other outstanding bonds of the District, all as deemed
necessary or advisable by the Board and as permitted by law. In the event that the Bond
Proceeds, together with any other money of the District legally available therefor, are insufficient
to carry out and accomplish all of the Project, the District shall use the Bond Proceeds and other
available money for paying the cost of that portion of the Project that is deemed by the Board
most necessary and in the best interest of the District.
Section 7. Alteration of Expenditures. If the Board shall subsequently determine that
state or local circumstances, including changed conditions or needs, regulatory considerations, or
incompatible development, should cause any alteration to the Project, the District shall not be
required to accomplish all of the Project and may apply the Bond Proceeds (or any portion
thereof) to: (a) other portions of the Project and/or (b) retire and/or defease a portion of the
Bonds or other outstanding bonds of the District, all as deemed necessary or advisable by the
Board.
Section 8. Form of Ballot Title. Pursuant to RCW 29A.36.071, the Whatcom County
Prosecuting Attorney is requested to prepare the concise description of the aforesaid proposition
for the ballot title in substantially the following form:
PROPOSITION 1
FIRE PROTECTION DISTRICT NO. 7
WHATCOM COUNTY, WASHINGTON
BONDS FOR FIRE VEHICLES, APPARATUS, AND EQUIPMENT
The Board of Fire Commissioners of Fire Protection District No. 7, Whatcom
County, Washington, adopted Resolution No. 19-0411-01, concerning a proposition
to finance capital improvements. This proposition would authorize the District to
acquire and upgrade fire vehicles, apparatus, and equipment; issue no more than
$3,500,000 of general obligation bonds maturing within 16 years; and levy annual
excess property taxes to pay the bonds, all as provided in Resolution No. 19-
0411-01. Should this proposition be:
Approved ....... ❑
Rejected ......... ❑
Section 9. Authorization to Deliver Resolution to Auditor and Perform Other
Necessary Duties. The Secretary to the Board (the "Secretary") or her designee is directed to:
(a) present a certified copy of this resolution to the Auditor no later than 4:30 p.m., Friday,
May 10, 2019; and (b) perform such other duties as are necessary or required by law to submit to
the District's voters at the aforesaid special election, for their approval or rejection, the
S
proposition of whether the District shall issue the Bonds to pay costs of the Project and levy
annual excess property taxes to pay the Bonds.
Section 10. Notices Relatina to Ballot Title. For purposes of receiving notice of the
exact language of the ballot title required by RCW 29A.36.080, the Board hereby designates
(a) the Fire Chief (Larry Hoffman), telephone: 360.384.0303, email: lhoffinan@wcfd7.org; and
(b) bond counsel, Foster Pepper PLLC (Marc Greenough), telephone: 206.447.7888, email:
marc.greenough@foster.com, as the individuals to whom the Auditor shall provide such notice.
The Fire Chief is authorized to approve changes to the ballot title, if any, deemed necessary by
the Auditor or the Whatcom County Prosecuting Attorney.
Section 11. Authorization of Local Voters' Pamphlet. To the extent a local voters'
pamphlet and/or online voters' guide (the "Pamphlet") will be produced for the August 6, 2019
election, the preparation and distribution of information on the ballot title for inclusion in the
Pamphlet is hereby authorized. The Pamphlet shall include, if applicable, an explanatory
statement and statements in favor of and in opposition to the ballot title. The preparation of
explanatory statement, the appointment of pro/con committees, the preparation of statements in
favor of and in opposition to the ballot title, and the payment of the costs of the Pamphlet shall
be in accordance with chapter 29A.32 RCW and the rules and guidelines of the Auditor, as
applicable.
Section 12. General Authorization and Ratification. The Fire Chief, each member of
the Board, the Secretary, the other appropriate officers of the District, and bond counsel, Foster
Pepper PLLC, are each individually authorized and directed to take such actions and to execute
such documents as in their judgment may be necessary or desirable to effectuate the provisions
of this resolution. All actions taken prior to the effective date of this resolution in furtherance of
and not inconsistent with the provisions of this resolution are hereby ratified and confirmed in all
respects.
Section 13. Severabilily. If any provision of this resolution shall be declared by any
court of competent jurisdiction to be invalid, then such provision shall be null and void and shall
be separable from the remaining provisions of this resolution and shall in no way affect the
validity of the other provisions of this resolution, of the Bonds, or of the levy or collection of the
taxes pledged to pay and retire the Bonds.
Section 14. Effective Date. This resolution shall become effective immediately upon
its adoption.
5
ADOPTED by the Board of Fire Commissioners of Fire Protection District No. 7,
Whatcom County, Washington, at a regular open public meeting thereof, of which due notice
was given as required by law, held this llth day of April, 2019, the following Commissioners
being present and voting in favor of the resolution.
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EA
ATTEST:
1
Patty Markel, ?cretary to the Board
Mike urphy, CommissiAer
Kendra Cristelli, ommissioner
Eric Grant, Commissioner
0
CERTIFICATION
I, PATTY MARKEL, Secretary to the Board of Fire Commissioners (the "Board") of
Fire Protection District No. 7, Whatcom County, Washington (the "District"), hereby certify as
follows:
1. The foregoing Resolution No. 19-0411-01 (the "Resolution") is a full, true, and
correct copy of the Resolution duly adopted at a regular meeting of the Board held at the regular
meeting place thereof on April 11, 2019, as that Resolution appears on the minute book of the
District, and the Resolution is now in full force and effect; and
2. A quorum of the members of the Board was present throughout the meeting and a
sufficient number of members of the Board present voted in the proper manner for the adoption
of the Resolution.
IN WITNESS WHEREOF, I have hereunto set my hand this 1 Ith day of April, 2019.
FIRE PROTECTION DISTRICT NO. 7
WHATCOM COUNTY, WASHINGTON
PATTY MARK L, Secretary to the Board
This document prepared by.
FOSTER PEPPER PLLC
1111 Third Avenue, Suite 3000
Seattle, Washington 98101
(206) 447-4400
Election Date:
Name of Jurisdiction Submitting Measure:
Contact Name:
Daytime Contact Phone Number:
August 6, 2019
Fire Protection District No. 7
Chief Larry Hoffman
360.384.0303
FIRE PROTECTION DISTRICT NO. 7
PROPOSITION NO. 1
BALLOT ISSUE EXPLANATORY STATEMENT
This proposition authorizes issuance of general obligation bonds of no more than $3,500,000 for
the purpose of paying costs associated with acquiring and upgrading fire vehicles, apparatus, and
equipment. The bonds will be payable from annual excess property tax levies for up to 16 years.
The annual excess property taxes are expected to be approximately $24.50 per year on a $350,000
home in 2020.
The district does not have sufficient resources to upgrade its fire vehicles, apparatus, and
equipment and maintain current service standards. Passage of this proposition would enable the
district to upgrade its fire vehicles, apparatus, and equipment without cutting current service
standards.
Prepared by: Marc Greenough, Foster Pepper PLLC, bond counsel to Fire Protection District
No. 7