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HomeMy WebLinkAbout2012 - Lynden Regional Park and Recreation District 3 Prop 1 General Nov 6,2012 FailedLynden Parks & Recreation DistrictF BWS: Nail ` oW% va Vok" Ballot Measure Submitted Checklist == Attach to front of folder 5g.97� Ballot Measure Submitted: jr16td'n -4 geevifoboyu , - - j ���•, ,� Date Initial Notes L I 1 Z Submitted by:(� Srf, 1 Contact Phone #:� - . If submitted by mail Email Address: obtains this info 12, 42..k�, Checks signed by Commissioners orig signatures or certified copy (v I Ry—_ Date Stamps Submittal, Makes copy for filer If Document Calling for an election is included in the submittal, have Auditor or Deputy Auditor sign 1 I I Fills out receipt & gives original to the filer; if submitted by mail returns original to submitter. Makes a copy for the Auditor File With another staff member, confirms everything complete Creates folder (See Steps 6-9 in PROC) J� Election Clerk prepares letter to the Pros Atty with copy of measure and receipt (county & districts onlgives folder to CDA for review. I' �v - Gives copies of proposed measure to Auditor & Election Supervisor r CDA routes folder to Auditor after review Auditor signs letter and hand delivers packet to the Prosecuting Attorney Date stamps returned letter of approval from Pros Atty Reviewed by Auditor; assigns number's F ( Email to submitter after Ballot approval using receipt capability into it, mails copies to any other re uestors. Completes Certificate of Mailing -2_ 2 Set -Up in EIMS Ballot Layout Created / Completed After Election Copy of Canvass Report sent to submitter of ballot issue Obtain Receipt from Treasurer & Assessor of results If school issue, send copy of canvass report to Supt of Public Instruction (form SPI M-466) Certificate of Transmitta A letter regarding the exact ballot title and the headings to be used was scanned an emailed to i�Ti�lul�� BAIT f.� on Copies of the letter was provided to other parties by regular mail, email or fax ►varne Ut party Date: Mailed, emailed or I Initial of faxed I Sender Dated this V day of 0at Bellingham, Washington. SAPolicies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM Certificate of Transmittal- Exact title.doc Amended7/3/12 �aP"°M CO Official Canvass of the General and Special Election for Lynden Regional Parks and Recreation District Whatcom County, Washington "sh�r Held Tuesday, November 6, 2012 State of Washington ) TAk 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 General and Special Election held November 6, 2012, within the boundaries of Lynden Regional Parks and Recreation District, Whatcom County, State of Washington. The proposition concerned authorization to purchase a new turnkey indoor recreation facility, to issue general obligation bonds, and to levy property taxes to repay such bonds. A 40% minimum turnout required with 60% approval of the total turnout was needed for passage. Minimum Numbers for Validation: Number of persons voting last General Election: 7,242 40% Minimum Turnout Required: 2,897 Needs 60% Yes Vote of TOTAL Turnout Actual Results: Approved - 4,027 41.03% Rejected - 5,787 58.97% Total Votes - 9,814 The proposition did not receive the 60% majority required and therefore FAILED - WITNESS our hand and seal this 27t" day of November, 2012. WHATCOM COUNTY CANVASSING BOARD Kathy Kershner, County Council Chair R - m, Civil Deputy Prosecuting Attorney Debbie Adelstein, County Auditor C Ca ;4 C, w--':ty 4 STAT,: pr ti 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 ELECTION RESULTS RECEIPT oM C,0 Debbie Adelstein County Auditor Diana Bradrick 1�4�°� Chief Deputy Auditor Copies of the Lynden Regional Parks and Recreation District, Proposition No. 1, Indoor Recreation Facility Acquisition Bonds - $9,500,000, election results from the November 6, 2012 General and Special Election, have been delivered to the Assessor's and Treasurer's Office. Receipt Acknowledged: ASSESSOR'S OFFICE: (: , Naml TREASURER'S OFFICE: Na l I - � -1 � Date Date Licensing Recording Elections Administration/internal Audit Licensing@co.whatcomma.us Recording@co.whatcomma.us Elections@co.whatcomma.us Auditor@comhatcomma.us 360-676-6740 360-676-6740 360-676-6742 360-676-6740 TTY 360-738-4555 Whatcom County A W4,C04 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 E-mailed to Lesa Starkenburg-Kroontje, Attomey at Law August 10, 2012 Lesa Starkenburg-Kroontje Attorney at Law, P.S. P.O. Box 231 313 4th Street Lynden, Washington 98264 RE: Lynden Regional Parks and Recreation District Proposition No. 1 Indoor Recreation Facility Acquisition Bonds - $9,500,000 Dear Ms. Starkenburg-Kroontje: Debbie Adelstein County Auditor The ballot title referenced above has been received and will appear on the November 6, 2012, General Election ballot. The only change is in the heading wherein "Proposition No. 1" has been moved to the second line. All the other language will remain the same as submitted. This notice is being provided pursuant to RCW 29A.36.080. Sincerely, -- rr- r C� Debbie Adelstein County Auditor Licensing Recording Elections Administration/Internal Audit Licensing@comhatcomma.us Recording@comhatcornma.us Elections@comhatcomma.us Auditor@comhatcomma.us 360-676-6740 360-676-6740 360-676-6742 360-676-6740 TTY 360-738-4555 Page 1 of 1 Nancy Moore - Ballot Measure for Lynden Regional Parks and Recreation District From: Nancy Moore To: starkenburgkroont a@msn.com Date: 8/10/2012 3:55 PM Subject: Ballot Measure for Lynden Regional Parks and Recreation District Attachments: lynden reg parks and rec_20120810155040.pdf Dear Ms. Starkenburg-Kroonge: Please see the attached letter regarding the Lynden Regional Parks and Recreation District ballot measure for the November 6, 2012 General Election. Thank you. Sincerely, Nancy M. Moore Office Coordinator Whatcom County Auditor's Office (360) 676-6740, ext. # (pound key) 50071 file://C:\Documents and Settings\nrmnoore\Local Settings\Temp\XPgrpwise\50252F05Bha... 8/10/2012 Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Email: auditor@co.whatcom.wa.us Internet: www.whatcomcounty.uslauditor PRESS RELEASE August 10, 2012 Debbie Adelstein �A County Auditor �, Phone: (360) 676-6740 gSk,N�to Fax: (360) 738-4556 County Auditor Debbie Adelstein has confirmed the selection of persons to write Voters' Pamphlet arguments in support of local ballot measures in the November General Election. She is still seeking qualified persons to write arguments opposing two local measures. Those measures are: A bond measure for Lynden Regional Parks & Recreation District to purchase a turn key indoor recreation facility. A sales and use tax measure to be collected within the Lynden Transportation Benefit District to fund transportation improvement projects. By state law, the legislative body sponsoring a measure is required to appoint persons to write arguments supporting and opposing local measures. If the legislative authority fails to make the appointments by the prescribed deadline (in this case by August 10), the county auditor is required to do so, whenever possible. Providing two sides to every argument provides an important service to the voters, and helps to ensure an informed electorate. To view the full text of any of the measures, or to express an interest in possibly writing an argument against either of them, please contact Ms. Adelstein at (360) 715-7474, or dadelsteingco.whatcom.wa. Lls. Licensing Recording Elections Administration Try Licensing@comhatcomma.us Recording@comhatcomma.us Elections@comhatcomma.us 360-676-6740 360-676-6740 360-676-6742 360-715-7474 360-738-4555 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 Date: August 9, 2012 Whatcom County Courthouse 311 Grand Avenue, Second Floor Bellingham, Washington 98225-4079 (360) 676-6784 / FAX (360) 738-2532 COUNTY (360) RECEiVED AUG 10 �Ojz MW"'WLST+ FV1WkWV* To: Debbie Adelstein From: Royce Buckingham, Attorney for Whatcom County Dear Debbie, CHIEF CIVIL DEPUTY Randall J. Wafts 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 RE: Ballot Title proposal for Lynden Regional Parks Indoor Recreation Facility Acquisition Bonds The following reflects my review of the above ballot title proposal: The ballot title proposed at the tab marked X in the packet is approved by my office. Sincerely, _ Ro Attorney for the Whatcom County Auditor STARKENBURG-KROONTJE Attorney at Law, P.S. P.O. Box 231 313 4ch Street Lynden, WA 98264 (360) 354-7822 Fax: (360) 354-6929 email - starkenburgkroontje@msn.com Lesa Starkenburg-Kroontje August 6, 2012 Via Delivery Debbie Adelstein Whatcom County Auditor 311 Grand Avenue Bellingham, WA 98225 Dear Debbie: mCOpW7 Please find enclosed the original Election Resolution No. 6 submitted on behalf of Lynden Regional Parks and Recreation District ("District"). The District requests that this Resolution be placed on the November ballot. It is my understanding that you have previously received a copy of the resolution via email from Bill Higham of K&L Gates. With this delivery, you now have the original. Thank you for your assistance. Should you have any questions with regard to the above or require any additional information please contact this office. Sincerely, Lesa Starkenburg-Kroontje enc. cc: client K&L Gates City of Lynden LYNDEN REGIONAL PARKS AND RECREATION DISTRICT, WASHINGTON GENERAL OBLIGATION BONDS RESOLUTION NO. 6 A RESOLUTION of the Board of Commissioners of Lynden Regional Parks and Recreation District, Washington, providing for a 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, 2012 of propositions authorizing the District to issue its general obligation bonds in the aggregate principal amount of not to exceed $9,500,000 for the purpose of providing funds to purchase a new turnkey indoor recreation facility. ADOPTED: AUGUST 2, 2012 Prepared by: K&L GATES LLP Seattle, WASHINGTON RECEIVED AUG - 6 201Z DEBBIE ADEL.STEIN WjjATCOM COUNTY AUDITOR RESOLUTION NO. 6 A RESOLUTION of the Board of Commissioners of Lynden Regional Parks and Recreation District, Washington, providing for a 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, 2012 of propositions authorizing the District to issue its general obligation bonds in the aggregate principal amount of not to exceed $9,500,000 for the purpose of providing funds to purchase a new turnkey indoor recreation facility. WHEREAS, the best interests and welfare of the inhabitants of the Lynden Regional Parks and Recreation District, Washington (the "District") requires the District to purchase a new turnkey indoor recreation facility (the "Project"); and WHEREAS, in order to provide all or a part of the funds to enable the District to undertake the Project, 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; NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF THE LYNDEN REGIONAL PARKS AND RECREATION DISTRICT, WASHINGTON, DOES RESOLVE, as follows: Section 1. Findings. This Board of Commissioners (the "Board") hereby finds and declares that the best interest of all the people of the District requires 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. Authorization of Park Project and Bonds. The District shall undertake the acquisition of a turnkey Indoor Recreation Facility to be situated at Delft Square. Such acquisition shall include all the amenities of the existing facility including a combination aquatic facility for competition and recreation, gymnasium(s), wellness center and multi -purpose rooms, and shall be complete with all necessary furniture, equipment and appurtenances. The District shall determine the application of available moneys to the Project so as to accomplish, as nearly as may be, the project provided for in this section. If the District shall determine that it has become impracticable to accomplish such Project or portions thereof by reason of changed conditions or needs, incompatible development, costs substantially in excess of those estimated, or acquisition by a superior governmental authority, the District shall not be required to accomplish such Project and may apply bond proceeds as set forth in this section. If the Project has been completed, or its completion duly provided for, or its completion found to be impractical, the District may apply the bond proceeds or any portion thereof to other capital purposes of the District, or to payment of principal of or interest on the bonds, as the Board in its discretion shall determine. In the event that the proceeds of sale of the bonds, plus any other moneys of the District legally available, are insufficient to accomplish the Project provided for by this section, the District shall use the available funds for paying the cost of planning for the Project for which the bonds were approved deemed by the Board most necessary and in the best interest of the District, and may apply unexpended Bond proceeds to the payment of principal or interest on the bonds. Section 3. Authorization of Bonds. For the purpose of providing all or a part of the funds necessary to pay the cost of the Project, together with incidental costs and costs related to -2- PA20287_CMW\20287_9RN 12/07/30 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 $9,500,000. The balance of the cost of the Project shall be paid out of any money which the District now has or may later have on hand which are legally available for such purposes. None of said bond proceeds shall be used for the replacement of equipment or for any other than a capital purpose. Such bonds shall be issued in an amount not exceeding the amount approved by the qualified electors of the District as 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. 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 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 thirty (30) 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 of Commissioners. After voter approval of the bond proposition or propositions and in anticipation of the issuance of such bonds, the District may issue short term obligations as authorized and provided by -3- P:=287_CMW\20287_9RN 12/07/30 Chapter 39.50 RCW. Section 5. Bond 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 the 6th day of November, 2012. The Whatcom County Auditor as ex officio supervisor of elections in Whatcom County, Washington is hereby requested to call and conduct the special election to be held by all mail -in ballot 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 LYNDEN REGIONAL PARKS AND RECREATION DISTRICT INDOOR RECREATION FACILITY ACQUISITION BONDS - $9,500,000 The Board of Commissioners of Lynden Regional Parks and Recreation District, passed Resolution No. 6 concerning this proposition which authorizes the District to purchase a new turnkey indoor recreation facility, to issue $9,500,000 of general obligation bonds maturing within a maximum term of 30 years to finance acquisition of such facility, and to levy property taxes annually in excess of regular property tax levies to repay such bonds, all as provided in Resolution No. 6. Should this proposition be: APPROVED ? REJECTED ? ❑ -4- PA20287 CMM20287 9RN 12/07/30 APPROVED by the Board of Commissioners of Lynden Regional Parks and Recreation District, Washington, at a regular meeting thereof held the 2nd day of August, 2012. ATTE Secretary of the Board District Secretary LYNDEN REGIONAL PARKS AND RECREATION DISTRICT, WASHINGTON airman and Commissioners Commissioner Commissioner Commissioner Commissioner -5- PA20287 CMWM20287_9RN 12/07/30 CERTIFICATE I, the undersigned, Secretary of the Board of Commissioners of the Lynden Regional Parks and Recreation District, Washington (the "District") and keeper of the records of the Board of Commissioners (the "Board"), DO HEREBY CERTIFY: 1. That the attached resolution is a true and correct copy of Resolution No. 6 of the Board (the "Resolution"), duly adopted at a regular meeting thereof held on the 2nd day of August, 2012. 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 2nd day of August, 2012. Secretary PA20287 CMW\20287 9RN 12/07/30 OFFICIAL BALLOT LYNDEN REGIONAL PARKS AND RECREATION DISTRICT, WASHINGTON November 6, 2012 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 LYNDEN REGIONAL PARKS AND RECREATION DISTRICT INDOOR RECREATION FACILITY ACQUISITION BONDS - $ The Board of Commissioners of Lynden Regional Parks and Recreation District, passed Resolution No. 6 concerning this proposition which authorizes the District to purchase a new turnkey indoor recreation facility, to issue $9,500,000 of general obligation bonds maturing within a maximum term of 30 years to finance acquisition of such facility, and to levy property taxes annually in excess of regular property tax levies to repay such bonds, all as provided in Resolution No.6 Should this proposition be: APPROVED? REJECTED ? ❑ PA20287 CMW120287 9RN 12/07/30 NOTICE LYNDEN REGIONAL PARKS AND RECREATION DISTRICT, WASHINGTON November 6, 2012 NOTICE IS HEREBY GIVEN that on November 6, 2012, a special election will be held by all mail -in ballot in the above -named District for the submission to the qualified electors of said District of the following proposition: PROPOSITION NO. 1 LYNDEN REGIONAL PARKS AND RECREATION DISTRICT INDOOR RECREATION FACILITY ACQUISITION BONDS - $ The Board of Commissioners of Lynden Regional Parks and Recreation District passed Resolution No. 6 concerning this proposition which authorizes the District to purchase a new turnkey indoor recreation facility, to issue $9,500,000 of general obligation bonds maturing within a maximum term of 30 years to finance acquisition of such facility, and to levy property taxes annually in excess of regular property tax levies to repay such bonds, all as provided in Resolution No. 6. Should this proposition be: APPROVED? REJECTED ? Whatcom County Auditor Whatcom County Courthouse OM 311 Grand Avenue, Suite 103 r�o �O�y Bellingham, WA 982254038 360-676-6740 360-738-4556 FAX r 360-738-4555 TTY IN E-mail: E-mail: auditor@co.whatcom.wa.us www.co.whatcom.wa.uslauditor Date Received: Received From: Ballot Issue Name. BALLOT MEASURE RECEIPT Whatcom County Auditor's Office Election Division Name of Presenter Aden Tar k5 cued RCMA-hM D196ct Name ol, Organization 3t - FD fox 231 Men Address 3,b - 35`� --�$2Z -hY- 1�b)!4kl"bont&C r�sn •CoV►� Phone Email 'Re5o � who' n N(o, (o The Auditor's Office, Election Division, ac nowledges receipt of the above - named Proposition for inclusion in the C`ItXQ Election. je /—� Deputy Auditor ]:\Policies & Procedures\Elections\02 Pre-Election\02_Filing - Ballot Measures\FRM RECEIPT for ballot measure. DOCAdopted 7/27/06 Whatcom County Courthouse , M. Co Whatcom County 311 Grand Avenue, Suite 103 cA Bellingham, WA 98225-4038 3 ;,..` �� Auditor's Office 360-676-6740 ^� 360-738-4556 FAX y r Election Division 360-738-4555 TTY 9ShINGt� E-mail: auditor@co.whatcom.wa.us www.co.whatcom.wa.uslauditor BALLOT MEASURE RECEIPT Date Received: 9I la It Z Received From: Le6q sl-a ri buy � KroD Name of Presenter r�&P iOr ks cry RiCMr lAbon DI Ct Name oi Organization 31 I i- �� I.-� v�d (.�. - Pp �aX 231 (_c Vjc n Address ,p- 354 -�ZZ �(kg-b)!gkr-�nfji✓G rvls�.Cov✓� Phone Email Ballot Issue Name. e50 Ilt-holes KO: The Auditor's Office, Election Division, acknowledges receipt of the above - named Proposition for inclusion in the al61Election. Deputy Auditor IAPolicies & Procedures\Elections\02 Pre-Election\02_Filing - Ballot Measures\FRM RECEIPT for ballot measure.DOCAdopted 7/27/06 STARKENBURG-KROONTJE Attorney at Law, P.S. P.O. Box 231 313 4th Street Lynden, WA 98264 (360) 354-7822 Fax: (360) 354-6929 email - starkenburgkroontje@msn.com Lesa Starkenburg-Kroontje August 6, 2012 Via Delivery Debbie Adelstein Whatcom County Auditor 311 Grand Avenue Bellingham, WA 98225 Dear Debbie: Please find enclosed the original Election Resolution No. 6 submitted on behalf of Lynden Regional Parks and Recreation District ("District"). The District requests that this Resolution be placed on the November ballot. It is my understanding that you have previously received a copy of the resolution via email from Bill Higham of K&L Gates. With this delivery, you now have the original. Thank you for your assistance. Should you have any questions with regard to the above or require any additional information please contact this office. Sincerely, Lesa Starkenburg-Kroontje enc. cc: client K&L Gates City of Lynden LYNDEN REGIONAL PARKS AND RECREATION DISTRICT, WASHINGTON GENERAL OBLIGATION BONDS RESOLUTION NO. 6 A RESOLUTION of the Board of Commissioners of Lynden Regional Parks and Recreation District, Washington, providing for a 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, 2012 of propositions authorizing the District to issue its general obligation bonds in the aggregate principal amount of not to exceed $9,500,000 for the purpose of providing funds to purchase a new turnkey indoor recreation facility. ADOPTED: AUGUST 2, 2012 Prepared by: K&L GATES LLP Seattle, WASHINGTON RECEIVED AUG - 6 20Q DEBBIE ADELSTEIN WHATCOM COUNTY AUDITOR RESOLUTION NO. 6 A RESOLUTION of the Board of Commissioners of Lynden Regional Parks and Recreation District, Washington, providing for a 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, 2012 of propositions authorizing the District to issue its general obligation bonds in the aggregate principal amount of not to exceed $9,500,000 for the purpose of providing funds to purchase a new turnkey indoor recreation facility. WHEREAS, the best interests and welfare of the inhabitants of the Lynden Regional Parks and Recreation District, Washington (the "District") requires the District to purchase a new turnkey indoor recreation facility (the "Project"); and WHEREAS, in order to provide all or a part of the funds to enable the District to undertake the Project, 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; NOW, THEREFORE, THE BOARD OF COMMISSIONERS OF THE LYNDEN REGIONAL PARKS AND RECREATION DISTRICT, WASHINGTON, DOES RESOLVE, as follows: Section 1. Findings. This Board of Commissioners (the "Board") hereby finds and declares that the best interest of all the people of the District requires 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. Atthorization of Park Project and Bonds. The District shall undertake the acquisition of a turnkey Indoor Recreation Facility to be situated at Delft Square. Such acquisition shall include all the amenities of the existing facility including a combination aquatic facility for competition and recreation, gymnasium(s), wellness center and multi -purpose rooms, and shall be complete with all necessary furniture, equipment and appurtenances. The District shall determine the application of available moneys to the Project so as to accomplish, as nearly as may be, the project provided for in this section. If the District shall determine that it has become impracticable to accomplish such Project or portions thereof by reason of changed conditions or needs, incompatible development, costs substantially in excess of those estimated, or acquisition by a superior governmental authority, the District shall not be required to accomplish such Project and may apply bond proceeds as set forth in this section. If the Project has been completed, or its completion duly provided for, or its completion found to be impractical, the District may apply the bond proceeds or any portion thereof to other capital purposes of the District, or to payment of principal of or interest on the bonds, as the Board in its discretion shall determine. In the event that the proceeds of sale of the bonds, plus any other moneys of the District legally available, are insufficient to accomplish the Project provided for by this section, the District shall use the available funds for paying the cost of planning for the Project for which the bonds were approved deemed by the Board most necessary and in the best interest of the District, and may apply unexpended Bond proceeds to the payment of principal or interest on the bonds. Section 3. Authorization of Bonds. For the purpose of providing all or a part of the funds necessary to pay the cost of the Project, together with incidental costs and costs related to -2- P:\20287 CMW\20287 9RN 12/07/30 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 $9,500,000. The balance of the cost of the Project shall be paid out of any money which the District now has or may later have on hand which are legally available for such purposes. None of said bond proceeds shall be used for the replacement of equipment or for any other than a capital purpose. Such bonds shall be issued in an amount not exceeding the amount approved by the qualified electors of the District as 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. 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 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 thirty (30) 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 of Commissioners. After voter approval of the bond proposition or propositions and in anticipation of the issuance of such bonds, the District may issue short term obligations as authorized and provided by -3- PA20287_CM1M20287_9RN 12/07/30 Chapter 39.50 RCW. Section 5. Bond 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 the 6th day of November, 2012. The Whatcom County Auditor as ex officio supervisor of elections in Whatcom County, Washington is hereby requested to call and conduct the special election to be held by all mail -in ballot 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 LYNDEN REGIONAL PARKS AND RECREATION DISTRICT INDOOR RECREATION FACILITY ACQUISITION BONDS - $9,500,000 The Board of Commissioners of Lynden Regional Parks and Recreation District, passed Resolution No. 6 concerning this proposition which authorizes the District to purchase a new turnkey indoor recreation facility, to issue $9,500,000 of general obligation bonds maturing within a maximum term of 30 years to finance acquisition of such facility, and to levy property taxes annually in excess of regular property tax levies to repay such bonds, all as provided in Resolution No. 6. Should this proposition be: APPROVED? 6 REJECTED ? ❑ -4- PA20287_CMW\20287_9RN 12/07/30 APPROVED by the Board of Commissioners of Lynden Regional Parks and Recreation District, Washington, at a regular meeting thereof held the 2nd day of August, 2012. ATTE Secretary of the Board District Secretary LYNDEN REGIONAL PARKS AND RECREATION DISTRICT, WASHINGTONN �C airman and Commissioners Commissioner P�LcuG�c.L - i L�Qr Commissioner Commissioner Comnllssloner -5- PA20287 CMWM20287_9RN 12/07/30 CERTIFICATE I, the undersigned, Secretary of the Board of Commissioners of the Lynden Regional Parks and Recreation District, Washington (the "District") and keeper of the records of the Board of Commissioners (the "Board"), DO HEREBY CERTIFY: 1. That the attached resolution is a true and correct copy of Resolution No. 6 of the Board (the "Resolution"), duly adopted at a regular meeting thereof held on the 2nd day of August, 2012. 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 2nd day of August, 2012. Secretary PA20287 CMW120287 9RN 12/07/30 OFFICIAL BALLOT LYNDEN REGIONAL PARKS AND RECREATION DISTRICT, WASHINGTON November 6, 2012 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 LYNDEN REGIONAL PARKS AND RECREATION DISTRICT INDOOR RECREATION FACILITY ACQUISITION BONDS - $ The Board of Commissioners of Lynden Regional Parks and Recreation District, passed Resolution No. 6 concerning this proposition which authorizes the District to purchase a new turnkey indoor recreation facility, to issue $9,500,000 of general obligation bonds maturing within a maximum term of 30 years to finance acquisition of such facility, and to levy property taxes annually in excess of regular property tax levies to repay such bonds, all as provided in Resolution No.6 Should this proposition be: APPROVED ? ❑ REJECTED ? ❑ PA20287 CM1M20207 9RN 12/07/30 NOTICE LYNDEN REGIONAL PARKS AND RECREATION DISTRICT, WASHINGTON November 6, 2012 NOTICE IS HEREBY GIVEN that on November 6, 2012, a special election will be held by all mail -in ballot in the above -named District for the submission to the qualified electors of said District of the following proposition: PROPOSITION NO. 1 LYNDEN REGIONAL PARKS AND RECREATION DISTRICT INDOOR RECREATION FACILITY ACQUISITION BONDS - $ The Board of Commissioners of Lynden Regional Parks and Recreation District passed Resolution No. 6 concerning this proposition which authorizes the District to purchase a new turnkey indoor recreation facility, to issue $9,500,000 of general obligation bonds maturing within a maximum term of 30 years to finance acquisition of such facility, and to levy property taxes annually in excess of regular property tax levies to repay such bonds, all as provided in Resolution No. 6. Should this proposition be: APPROVED ? ❑ REJECTED ? ❑ Whatcom County Auditor