The URL can be used to link to this page

Home My WebLink About2008 - Lynden School District No. 504 Replacement Educational M&O Levy PASSED and General Obligation Bonds 44,000,000 FAILED Special Election March 11, 2008OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION K-12 Fiscal Services & Policy Old Capitol Building. PO Box 47200 OLYMPIA WA 98504-7200 (360) 725-6111 TTY (360) 664-3631 WHATCOM COUNTY AUDITOR'S SCHOOL DISTRICT FINANCING ELECTIONS REPORTING FORM OOL DISTRICT NAME 1^v�l�>�� U ELECTION DATE )ITOR NAME I. MINIMUM VOTER TURNOUT REQUIREMENTS A For excess levies: 5 Total votes cast at last November General Election 0 B For bond issues voted upon during the year immediately following a State General Election (odd or even number year aTotal votes cast at last qualifying State General Election II. CANVASS OF ELECTION Proposition Number Dollar Amount Type of Election* # Votes For # Votes Against Passed Failed -- rA i O 4o Q lig 5 0o a O " *Type of Election Codes BO Bond M&O Maintenance & Operation CP Capital Project TVF Transportation Vehicle Fund III. LEADMOINT COUNTIES SEND COMPLETED REPORT WITH A BALLOT ATTACHED TO: Jennifer Priddy Assistant Superintendent K-12 Fiscal Services & Policy Office of Super. of Public Instruction PO BOX 47200 OLYMPIA WA 98504-7200 (REV 4/05) WHATCOM COUNTY AUDITOR'S OFFICE OFFICIAL CANVASS OF THE SPECIAL ELECTION HELD TUESDAY, MARCH 11, 2008, IN LYNDEN SCHOOL DISTRICT NO. 504, WHATCOM COUNTY, WASHINGTON, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE DISTRICT THE PROPOSITIONS FOR A REPLACEMENT EDUCATIONAL MAINTENANCE AND OPERATIONS LEVY AND FOR $4,000,000 IN GENERAL OBLIGATION BONDS. OATH OF AUDITOR STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) I do solemnly swear that the returns purporting to be the election returns of Lynden School District No. 504, Whatcom County, Washington, from the Special Election held on March 11, 2008, have been in no way altered and that they are the same as when they were deposited in my office. 4Z � I �� atcom County Chief Deputy Auditor Subscribed and sworn to before me this 26th day of March 2008. ;. if fi tcom Cou�rty Legislative Authority CERTIFICATION OF CANVASSING BOARD STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) THIS IS TO CERTIFY THAT WE, as the Whatcom County Canvassing Board have completed the canvass of votes as it pertains to the Special Election held in the precincts within the boundaries of Lynden School District No. 504, Whatcom County, Washington, on the 11th day of March 2008 and the results are as follows: LYNDi 4 SCHOOL DISTRICT NO, 504 PROPOSITION NO. 1 LYNDEN SCHOOL DISTRICT NO. 504 REPLACEMENT EDUCATIONAL MAINTENANCE AND OPERATIONS LEVY The Board of Directors adopted Resolution #02-08 concerning educational funding. This proposition authorizes the District to levy the following excess faxes, to replace an expiring levy, on all taxable property within the District, to Support the District's educational mainlenance and operations: YES - 2,407 53.23% Approximate Collection Levy Ratel$1,000 Levy Years Assessed Value Amount 2009 $2.20 $4,300,000 NO - 2,115 46.77% 2010 $2.19 $ 4,500.000 Should this proposition be approved? 1 YES LEVY PASSED INO PROPOSITION NO.2 LYNDEN SCHOOL DISTRICT NO. 504 GENERAL OBLIGATION BONDS - $4,000.000 The Board of Directors of Lynden School District No. 504 approved a proposition for fronds. This proposition authorizes the Dislritl to repay loans that financed the acquisition of property far new middle and elementary schools. reptWe the roof at Isom Elemeh", resurface the track at Lynden High School, undertake safety upgrades, and make other capilal improvements to District facilities; to issue 54,D00,%0 of general obligation bonds maturing within a maximum term of 15 years; and to fevy additional properly taxes annually Ia repay the bonds, as described in Resolution #04.08. Should this proposition be: APPROVED REJECTED Minimum Numbers for Validation: Number of persons voting last General Election: 5,762 40% Turnout 2,305 Needs 60% Yes Vote ACTUAL RESULTS: APPROVED— 2,221 49.58% REJECTED — 2,259 50.42% BONDS FAILED 50.42% Bonds failed because it did not receive a 60% "Yes" vote. The canvass has been completed this 26th day of March 2008. WHATCOM COUNTY CANVASSING BOARD County Chief Deputy Auditor t C0U,'TY . eunty Legis[ative Authorit or_� C u uty Prosecuting Attorney Page 2 Ballot Measure Submitted Checklist == Attach to front of folder Ballot Measure Submitted: C) �(� -• Date completed Initial Submitted by: Contact Phone #: Email Address: Check signed by Commissioners Check that Certificate is signed by Secretary Check Document Calling for Elections is Signed by The Auditor or Deputy Auditor / Copy to Auditor and 1 copy Office Coordinator -,� Routed to Pros Atty (county & districts only) --(t��Q -� Signed & Returned by Pros Atty (county & dist only)Z7F Reviewed by CDA and Auditor Copy sent to District Office if applicable �^ 07 Publish Notice of Closing Registration (40 days prior to election) Ballot Layout Prepared Publish Official Notice of Election in Newspaper (6 days prior to election) 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) I:\Policies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM Ballot Measure CHECKLIST.doc Adopted 7/27/06 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: . 11. NkLc xl'�4Wig) AC), b q Io A. Signature X ❑ Agent ❑ Addressee B. Received by ( Printed Name) C. at ofli drfferent Rem 1? D. Is delivery address from Yes If YES, enter delivery address below: ❑ No 3 Sa Type artified Mail ❑ Express Mall � Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7006 0810 .0000 8962 0573 (Transfer from service PS Form 3811, February 2004 Domestic Return Receipt 102595-02•M-1W m M of .. 0 ru -01 OFF tr ro Postage $ 0 l7 Certified Fee Return Receipt Fee (Endorsement Required) O Restnctc:i Delivery Fee rq (Endors:mentRequired) CO M Total Postage & Fees rt !reef. Aat. No.: r a. r`ri[ 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.co.whatcom.wa.us/auditor MAILED VIA CERTIFIED MAIL ON JANUARY 24, 2008 January 24, 2008 Dr. Dennis L. Carlson, Superintendent Lynden School District No. 504 1203 Bradley Road. Lynden WA 98264 SHIRLEY FORSLOF COUNTY AUDITOR DEBBIE ADELSTEIN CHIEF DEPUTY Phone: 360-676-6740 FAX: 360-738-4556 RE: Ballot Titles: Proposition No. 1 Lynden School District No. 504 Replacement Educational Maintenance and Operations Levy Proposition No. 2 Lynden School District No. 504 General Obligation Bonds $4,000,000 Dear Dr. Carlson: Enclosed are true copies of the ballot title for Proposition No. 1 Lynden School District No. 504 Replacement Educational Maintenance and Operations Levy and Proposition No. 2 Lynden School District No. 504 General Obligation Bonds $4,000,000 filed with the Whatcom County Auditor's Office on January 10, 2008. This notice of the exact language of the ballot title is being provided as RCW 29A.36.080. Sincerely, Shirley Forslof Whatcom County Auditor Encl: 2 Licensing Recording Elections Administration/internal Audit Licensing@comhatcom.wa.us Recording@comhatcomma.us Eledions@co.whatcomma.us 360-676-6744 360-676-6740 360-676-6740 360-676-6742 360-676-6740 ext50065 t1 360-738-4555 OFFICIAL BALLOT LYNDEN SCHOOL DISTRICT NO. 504 WHATCOM COUNTY, WASHINGTON March 11, 2008 INSTRUCTIONS TO VOTERS: To vote in favor of the following proposition, place a cross (X) in the square opposite the words "YES"; to vote against the following proposition, place a cross (X) in the square opposite the words "NO." PROPOSITION NO. 1 LYNDEN SCHOOL DISTRICT NO. 504 REPLACEMENT EDUCATIONAL MAINTENANCE AND OPERATIONS LEVY The Board of Directors adopted Resolution #02-08 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 support the District's educational maintenance and operations: Approximate Collection Levy Rate/$1,000 Levy Years Assessed Value Amount 2009 $2.20 $ 4,300,000 2010 $2.19 $ 4,500,000 Should this proposition be approved? YES...................................... 0 NO........................................ = PA20287 CMW\20287 7VE 119/08 N OFFICIAL BALLOT LYNDEN SCHOOL DISTRICT NO. 504, WHATCOM COUNTY, WASHINGTON March 11, 2008 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. 2 LYNDEN SCHOOL DISTRICT NO. 504 GENERAL OBLIGATION BONDS - $4,000,000 The Board of Directors of Lynden School District No. 504 approved a proposition for bonds. This proposition authorizes the District to repay loans that financed the acquisition of property for new middle and elementary schools, replace the roof at Isom Elementary, resurface the track at Lynden High School, undertake safety upgrades, and make other capital improvements to District facilities; to issue $4,000,000 of general obligation bonds maturing within a maximum term of 15 years; and to levy additional property taxes annually to repay the bonds, as described in Resolution #04-08. Should this proposition be: APPROVED?.......................................................................... REJECTED?................................................................................. PA20287 CMW\20287 7VF 01/07/08 Whatcom County GSA Auditor's Office Fi "�� Whatcom County Auditor aq$�+N6sor 311 Grand Avenue, Suite 103 Elections Division V Bellingham, WA 98225-4186 360-676-6740 360-738.4556 FAX Pi 360.738-4555 TTY auditor&o.whatcom.wa.us whatcomma.us/auditor 1 / 14/2008 TO: Prosecuting Attorney's Office / Royce Buckingham FROM: The Office of the Whatcom County Auditor: ELECTIONS SUBJ: BALLOT TITLE Please look over this ballot title for Lynden School District No. 504 Replacement Educational Maintenance and Operations Levy for the March 11, 2008 Special Election Please sign -off and return to the Election Department after review. Thank You ! MIA Celeste 50063 I:\Policies & Pro cedures\Elections\02 Pre-Election\02_Filing - Ballot Measures\FRM Prosecuting Atty ballot title letter.doc RECEIVED LYNDEN SCHOOL DISTRICT NO. 504 WHATCOM COUNTY, WASHINGTON JAN Y 0 2008 SHIRLEY FOASLOF YMATCOM COUNTY AUDI'TOR' REPLACEMENT EDUCATIONAL MAINTENANCE AND OPERATIONS LEVY RESOLUTION NO. 02-08 A RESOLUTION of the Board of Directors of Lynden School District No. 504, Whatcom County, Washington, providing for the submission to the qualified electors of the District at a special election to be held therein on March 11, 2008, of the proposition of whether excess taxes should be levied of $4,300,000 in 2008 for collection in 2009 and $4,500,000 in 2009 for collection in 2010, said excess taxes to pay part of the educational maintenance and operations support of the District. ADOPTED JANUARY 8, 2008 PREPARED BY: K&L PRESTON GATES ELLIS LLP Seattle, Washington RESOLUTION NO. 02-08 A RESOLUTION of the Board of Directors of Lynden School District No. 504, Whatcom County, Washington, providing for the submission to the qualified electors of the District at a special election to be held therein on March 11, 2008, of the proposition of whether excess taxes should be levied of $4,300,000 in 2008 for collection in 2009 and $4,500,000 in 2009 for collection in 2010, said excess taxes to pay part of the educational maintenance and operations support of the District. WHEREAS, Lynden School District No. 504, Whatcom County, Washington (the "District"), for the past two 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 2008-2009, 2009-2010 and 2010-2011 school years will be insufficient to enable the District to pay for necessary maintenance and operations and to properly meet the educational needs of the students attending District schools; and WHEREAS, in order to properly provide for such maintenance and operations and such educational 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 $2.20 per thousand dollars of assessed valuation to provide $4,300,000, said levy to be made in 2008 for collection in 2009; and B. A tax of approximately $2.19 per thousand dollars of assessed valuation to provide $4,500,000, said levy to be made in 2009 for collection in 2010. 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 LYNDEN SCHOOL DISTRICT NO, 504, 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. $4,300,000, said levy to be made in 2008 for collection in 2009; and B. $4,500,000, said levy to be made in 2009 for collection in 2010. 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 2008 levy is $2.20 per thousand dollars of assessed valuation and the estimated levy rate for the 2009 levy is $2.19 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 2008-2009, 2009-2010 and 2010-2011 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 maintenance and operations of the District during such school years as may be authorized or allowed by law for the use of excess levy funds. -2- P:\20287-CMW\20287-7VE 1/9108 Section 2. It is hereby found and declared that the best interests of the District require the 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 March 11, 2008. 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 by all mail -in ballot, within the District on said date and to submit to the qualified electors of the District the proposition substantially in the form hereinafter set forth. The Secretary of the Board of Directors is hereby authorized and directed to certify said proposition substantially in the following form: PROPOSITION NO. 1 LYNDEN SCHOOL DISTRICT NO. 504 REPLACEMENT EDUCATIONAL MAINTENANCE AND OPERATIONS LEVY The Board of Directors adopted Resolution #02-08 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 support the District's educational maintenance and operations: Approximate Collection Levy Rate/$1,000 Levy Years Assessed Value Amount 2009 $2.20 $ 4,300,000 2010 $2.19 $ 4,500,000 Should this proposition be approved? YES...................................... a 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. -3- PA20287 CMW\20287 7VE 119/08 ADOPTED by the Board of Directors of Lynden School District No. 504, Whatcom County, Washington, at a regular meeting thereof, held on the 8th day of January, 2008. ATTEST: Secretly, Board of Directors LYNDEN SCHOOL DISTRICT NO. 504, WHATCOM COUNTY, WASHINGTON resident and Director Director aLff'�- /? Direc r 9 M&Mnl — Direct r �& &' Z,4--5 Director -4- PA20287 CMM20287 7VE 1/7/08 CERTIFICATE I, the undersigned, Secretary of the Board of Directors of Lynden School District No. 504, 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. 02-08 of the Board (the "Resolution"), duly adopted at a regular meeting thereof held on the 8th day of January, 11: 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 8th day of January, 2008. D Z e wl I - Secretary, Board of Directors P:\20287-CMW\20287-7VE 1/7/08 OFFICIAL BALLOT LYNDEN SCHOOL DISTRICT NO. 504 WHATCOM COUNTY, WASHINGTON March 11, 2008 INSTRUCTIONS TO VOTERS: To vote in favor of the following proposition, place a cross (X) in the square opposite the words "YES"; to vote against the following proposition, place a cross (X) in the square opposite the words "NO." PROPOSITION NO. 1 LYNDEN SCHOOL DISTRICT NO. 504 REPLACEMENT EDUCATIONAL MAINTENANCE AND OPERATIONS LEVY The Board of Directors adopted Resolution #02-08 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 support the District's educational maintenance and operations: Approximate Collection Levy Rate/$1,000 Years Assessed Value 2009 $2.20 2010 $2.19 Should this proposition be approved? YES.................................. NO................................ Levy Amount $ 4,300,000 $ 4,500,000 0 PA20287 CMW\20287 NE 1/9/08 NOTICE LYNDEN SCHOOL DISTRICT NO. 504 WHATCOM COUNTY, WASHINGTON March 11, 2008 NOTICE IS HEREBY GIVEN that on March 11, 2008, a special election will be held by mail ballot in the above -named school district for the submission to the qualified electors of said school district of the following proposition: PROPOSITION NO. 1 LYNDEN SCHOOL DISTRICT NO. 504 REPLACEMENT EDUCATIONAL MAINTENANCE AND OPERATIONS LEVY The Board of Directors adopted Resolution #02-08 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 support the District's educational maintenance and operations: Approximate Collection Levy Rate/$1,000 Levy Years Assessed Value Amount 2009 2010 Should this proposition be approved? $2.20 $ 4,300,000 $2.19 $ 4,500,000 YES...................................... NO........................................ Whatcom County Auditor PA20287 CMW\20287 7VE 1/9108 RECEIVED LYNDEN SCHOOL DISTRICT NO. 504 WHATCOM COUNTY, WASHINGTON JAN 1 0 2008 SHIRLEY FORSLOF MiATOOM COUNTY AUDITOR . REPLACEMENT EDUCATIONAL MAINTENANCE AND OPERATIONS LEVY RESOLUTION NO. 02-08 A RESOLUTION of the Board of Directors of Lynden School District No. 504, Whatcom County, Washington, providing for the submission to the qualified electors of the District at a special election to be held therein on March 11, 2008, of the proposition of whether excess taxes should be levied of $4,300,000 in 2008 for collection in 2009 and $4,500,000 in 2009 for collection in 2010, said excess taxes to pay part of the educational maintenance and operations support of the District. ADOPTED JANUARY 8, 2008 PREPARED BY: K&L PRESTON GATES ELLIS LLP Seattle, Washington RESOLUTION NO. 02-08 A RESOLUTION of the Board of Directors of Lynden School District No. 504, Whatcom County, Washington, providing for the submission to the qualified electors of the District at a special election to be held therein on March 11, 2008, of the proposition of whether excess taxes should be levied of $4,300,000 in 2008 for collection in 2009 and $4,500,000 in 2009 for collection in 2010, said excess taxes to pay part of the educational maintenance and operations support of the District. WHEREAS, Lynden School District No. 504, Whatcom County, Washington (the "District"), for the past two 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 2008-2009, 2009-2010 and 2010-2011 school years will be insufficient to enable the District to pay for necessary maintenance and operations and to properly meet the educational needs of the students attending District schools; and WHEREAS, in order to properly provide for such maintenance and operations and such educational 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 $2.20 per thousand dollars of assessed valuation to provide $4,300,000, said levy to be made in 2008 for collection in 2009; and B. A tax of approximately $2.19 per thousand dollars of assessed valuation to provide $4,500,000, said levy to be made in 2009 for collection in 2010. 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 LYNDEN SCHOOL DISTRICT NO. 504, 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. $4,300,000, said levy to be made in 2008 for collection in 2009; and B. $4,500,000, said levy to be made in 2009 for collection in 2010. 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 2008 levy is $2.20 per thousand dollars of assessed valuation and the estimated levy rate for the 2009 levy is $2.19 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 2008-2009, 2009-2010 and 2010-2011 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 maintenance and operations of the District during such school years as may be authorized or allowed by law for the use of excess levy funds. -2- PA20287 CMW\20287 7VE 1/9/08 Section ?. It is hereby found and declared that the best interests of the District require the 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 March 11, 2008. 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 by all mail -in ballot, within the District on said date and to submit to the qualified electors of the District the proposition substantially in the form hereinafter set forth. The Secretary of the Board of Directors is hereby authorized and directed to certify said proposition substantially in the following form: PROPOSITION NO. 1 LYNDEN SCHOOL DISTRICT NO. 504 REPLACEMENT EDUCATIONAL MAINTENANCE AND OPERATIONS LEVY The Board of Directors adopted Resolution #02-08 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 support the District's educational maintenance and operations: Collection Years 2009 2010 Approximate Levy Rate/$1,000 Assessed Value $2.20 $2.19 Should this proposition be approved? Levy Amount $ 4,300,000 $ 4,500,000 YES ...................................... 1-7 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. -3- PA20287 CMW\20287 7VE 1/9/08 ADOPTED by the Board of Directors of Lynden School District No. 504, Whatcom County, Washington, at a regular meeting thereof, held on the 8th day of January, 2008. ATTEST: 4'ahp�-- Secret'ary, Board of Directors LYNDEN SCHOOL DISTRICT NO. 504, WHATCOM COUNTY, WASHINGTON resident and Director JA-'0�2rc, -A Director Direr r 9 4�Q—c Direct r It7�"�5 Director -4- P:\20287CMW\20287 7VE 1/7/08 CERTIFICATE I, the undersigned, Secretary of the Board of Directors of Lynden School District No. 504, 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. 02-08 of the Board (the "Resolution"), duly adopted at a regular meeting thereof held on the 8th day of January, 11: 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 8th day of January, 2008. Secretary, Board of Directors PA20287 CMW\20287 7VE 1/7/08 OFFICIAL BALLOT LYNDEN SCHOOL DISTRICT NO. 504 WHATCOM COUNTY, WASHINGTON March 11, 2008 INSTRUCTIONS TO VOTERS: To vote in favor of the following proposition, place a cross (X) in the square opposite the words "YES"; to vote against the following proposition, place a cross (X) in the square opposite the words "NO." PROPOSITION NO. 1 LYNDEN SCHOOL DISTRICT NO. 504 REPLACEMENT EDUCATIONAL MAINTENANCE AND OPERATIONS LEVY The Board of Directors adopted Resolution #02-08 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 support the District's educational maintenance and operations: Approximate Collection Levy Rate/$1,000 Levy Years Assessed Value Amount 2009 $2.20 $ 4,300,000 2010 $2.19 $ 4,500,000 Should this proposition be approved? YES...................................... 0 NO........................................ 0 PA20287 CMW\20287 7VE 1/9/08 NOTICE LYNDEN SCHOOL DISTRICT NO. 504 WHATCOM COUNTY, WASHINGTON March 11, 2008 NOTICE IS HEREBY GIVEN that on March 11, 2008, a special election will be held by mail ballot in the above -named school district for the submission to the qualified electors of said school district of the following proposition: PROPOSITION NO. 1 LYNDEN SCHOOL DISTRICT NO. 504 REPLACEMENT EDUCATIONAL MAINTENANCE AND OPERATIONS LEVY The Board of Directors adopted Resolution #02-08 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 support the District's educational maintenance and operations: Approximate Collection Levy Rate/$1,000 Levy Years Assessed Value Amount 2009 $2.20 $ 4,300,000 2010 $2.19 $ 4,500,000 Should this proposition be approved? YES...................................... NO........................................ Whatcom County Auditor PA20287 CMW\20287 7VE 1/9/08 Ballot Measure Submitted Checklist == Attach to front of folder Ballot Measure Submitted: Gc bl i Date completed Initial Submitted by: Contact Phone #: Email Address: Check signed by Commissioners �}— Check that Certificate is signed by Secretary �[ rQ Check Document Calling for Elections is Signed by The Auditor or Deputy Auditor _Q Copy to Auditor and 1 copy Office Coordinator f— outed to Pros Atty (county & districts only) a Signed & Returned by Pros Atty (county & dist only) l-yy-d` Reviewed by CDA and Auditor Copy sent to District Office if applicable Publish Notice of Closing Registration (40 days prior to election) Ballot Layout Prepared Publish Official Notice of Election in Newspaper (6 days prior to election) 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) hPolicies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM Ballot Measure CHECKLIST.doc Adopted 7/27/06 WHATCOM COUNTY AUDITOR'S OFFICE Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA98225-4038 Email: Auditor@co.whatcom.wa.us Internet: www.co.whatcom.wa.us/auditor MAILED VIA CERTIFIED MAIL ONJANUARY24, 2008 January 24, 2008 Dr. Dennis L. Carlson, Superintendent Lynden School District No. 504 1203 Bradley Road. Lynden WA 98264 SHIRLEY FORSLOF COUNTY AUDITOR DEBBIE ADELSTEIN CHIEF DEPUTY Phone: 360-676-6740 FAX: 360-738-4556 RE: Ballot Titles: Proposition No. 1 Lynden School District No. 504 Replacement Educational Maintenance and Operations Levy Proposition No. 2 Lynden School District No. 504 General Obligation Bonds $4,000,000 Dear Dr. Carlson: Enclosed are true copies of the ballot title for Proposition No. 1 Lynden School District No. 504 Replacement Educational Maintenance and Operations Levy and Proposition No. 2 Lynden School District No. 504 General Obligation Bonds $4,000,000 filed with the Whatcom County Auditor's Office on January 10, 2008. This notice of the exact language of the ballot title is being provided as RCW 29A.36.080. Sincerely, 77-� Shirley Forslof Whatcom County Auditor Encl: 2 Licensing Recording Elections Administration/Internal Audit Licensing@co.whatcom.wa.us Recording@co.whatcom.wa.us Elections@co.whatcom.wa.us 360-676-6744 360-676-6740 360-676-6740 360-676-6742 360-676-6740 ext50065 TFY 360-738-4555 OFFICIAL BALLOT LYNDEN SCHOOL DISTRICT NO. 504 WHATCOM COUNTY, WASHINGTON March 11, 2008 INSTRUCTIONS TO VOTERS: To vote in favor of the following proposition, place a cross (X) in the square opposite the words "YES"; to vote against the following proposition, place a cross (X) in the square opposite the words "NO." PROPOSITION NO. 1 LYNDEN SCHOOL DISTRICT NO. 504 REPLACEMENT EDUCATIONAL MAINTENANCE AND OPERATIONS LEVY The Board of Directors adopted Resolution #02-08 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 support the District's educational maintenance and operations: Approximate Collection Levy Rate/$1,000 Levy Years Assessed Value Amount 2009 $2.20 $ 4,300,000 2010 $2.19 $ 4,500,000 Should this proposition be approved? YES...................................... NO........................................ = PA20287 CMW\20287 7VE 1/9/08 OFFICIAL BALLOT LYNDEN SCHOOL DISTRICT NO. 504, WHATCOM COUNTY, WASHINGTON March 11, 2008 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.2 LYNDEN SCHOOL DISTRICT NO. 504 GENERAL OBLIGATION BONDS - $4,000,000 The Board of Directors of Lynden School District No. 504 approved a proposition for bonds. This proposition authorizes the District to repay loans that financed the acquisition of property for new middle and elementary schools, replace the roof at Isom Elementary, resurface the track at Lynden High School, undertake safety upgrades, and make other capital improvements to District facilities; to issue $4,000,000 of general obligation bonds maturing within a maximum term of 15 years; and to levy additional property taxes annually to repay the bonds, as described in Resolution #04-08. Should this proposition be: APPROVED?......................................................................... REJECTED?............................................................... . PA20287 CMW\20287 7VF 01/07/08 JAN 1 0 2008 *HIRLEY FORSLOF WHATDOU COUNTY AUDITOR'. LYNDEN SCHOOL DISTRICT NO. 504 WHATCOM COUNTY, WASHINGTON GENERAL OBLIGATION BONDS RESOLUTION NO. 04-08 A RESOLUTION of the Board of Directors of Lynden School District No. 504, 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 March 11, 2008, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $4,000,000, or so much thereof as may be issued under the laws governing the indebtedness of school districts for the purpose of providing funds to acquire, replace, equip and make other capital improvements to the facilities of the District and authorizing the Superintendent to submit a request for eligibility for the Washington State School District Credit Enhancement Program. ADOPTED JANUARY 8, 2008 PREPARED BY: K&L PRESTON GATES ELLIS LLP Seattle, Washington RESOLUTION NO. 04-08 TABLE OF CONTENTS* Page Recitals............................................................................................................................................. I Section1. Findings.......................................................................................................................2 Section 2. Capital Improvements.................................................................................................2 Section 3. Authorization of Bonds...............................................................................................4 Section4. Details of Bonds..........................................................................................................5 Section5. Election.......................................................................................................................5 Section 6. Request for Eligibility for the Credit Enhancement Program.....................................6 Section7. Severability.................................................................................................................6 Section8. Effective Date.............................................................................................................7 * This Table of Contents and the cover page are not a part of the following resolution and are included only for the convenience of the reader. -1- PA20287 CMM20287 7W 01/07/08 RESOLUTION NO. 04-08 A RESOLUTION of the Board of Directors of Lynden School District No. 504, 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 March 11, 2008, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $4,000,000, or so much thereof as may be issued under the laws governing the indebtedness of school districts for the purpose of providing funds to acquire, replace, equip and make other capital improvements to the facilities of the District and authorizing the Superintendent to submit a request for eligibility for the Washington State School District Credit Enhancement Program. WHEREAS, improvements to school facilities are needed in Lynden School District No. 504, Whatcom County, Washington (the "District"), in order to provide the students of the District with adequate, proper and safe educational facilities; and WHEREAS, in order to provide part of the funds to enable the District to acquire, replace, equip and make such necessary capital improvements to its facilities, it is deemed necessary and advisable that the District issue and sell its unlimited tax levy general obligation bonds in the principal amount of $4,000,000 (the "Bonds"); and WHEREAS, the Constitution and laws of the State of Washington (including RCW 28A.530.010 and RCW 84.52.056) provide that the question of whether or not such Bonds may be issued and sold for such purposes and taxes levied to pay such Bonds 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 the purpose of establishing 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 LYNDEN SCHOOL DISTRICT NO. 504, WHATCOM COUNTY, WASHINGTON, as follows: Section 1. Findings. This Board of Directors (the "Board") hereby finds and declares that the best interest of the students and other inhabitants of the District require the District to carry out the plans hereinafter provided at the time or times and in the order deemed most necessary and advisable by the Board. Section 2. Capital Improvements. The District shall make the following capital improvements (the "Improvements"): 9 repayment of the Limited General Obligation Bond Anticipation Note, 2007 that was issued to finance the acquisition of land for the site of a new middle school and a future elementary school; • repayment of the Limited General Obligation Note, 2007 that was issued to finance the acquisition of property to house the District's Special Education 18-21 year old transition program; -2- PA20287 CMW120287 7VF 01/07/08 • roof replacement at Isom Elementary School; • replace glass in greenhouse, reconfigure metal shop and welding booths and resurface track at Lynden High School; • Undertake safety and security upgrades at facilities throughout the District. The cost of all necessary architectural, engineering, and other consulting services, inspection and testing, administrative and relocation expenses, on and off -site utilities, site acquisition, 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 such Improvements. Such Improvements shall be complete with all necessary furniture, equipment and appurtenances. If available funds are sufficient from the proceeds of Bonds authorized for the above purposes, and state or local circumstances require, the District shall use such funds to pay the principal of or interest on the bonds or 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. The District shall determine the application of available moneys as between the various Improvements set forth above so as to accomplish, as nearly as may be, all of the Improvements described or provided for in this section. The District shall determine the exact extent and specifications for construction of structures or other improvements. If the Board shall determine that it has become impractical to accomplish any of such Improvements or portions thereof by reason of state or local circumstances, including changed conditions, incompatible development or costs substantially in excess of those estimated, the District shall not be required to accomplish such Improvements and may apply the Bond proceeds or any portion thereof to other portions of the Improvements, to other capital -3- PA20287 CMM20287 7VF 01/07/08 improvements, or to payment of principal of or interest on the Bonds, as the Board may determine after holding a public hearing thereon pursuant to RCW 28A.530.020. In the event that the proceeds of sale of the Bonds, plus any other moneys of the District legally available, are insufficient to accomplish all of the Improvements provided by this section, the District shall use the available funds for paying the cost of those Improvements for which the Bonds were approved deemed by the Board most necessary and in the best interest of the District. The District does not anticipate receiving funds from the State of Washington pursuant to Chapter 28A.525 RCW. Section 3. Authorization of Bonds. For the purpose of providing part of the funds necessary to pay the cost of the Improvements described in Section 2 hereof and/or to reimburse the District (including the General Fund if capital expenditures have been made from the General Fund) for such costs to the extent that District funds have been used for such purposes, together with incidental costs and costs related to the sale and issuance of the Bonds, the District shall issue and sell its unlimited tax levy general obligation bonds in the principal amount of not to exceed $4,000,000. The balance of the cost of such Improvements shall be paid out of any moneys which the District now has or may later have on hand which are legally available for such purposes, including impact fees, and out of possible state or federal grants of money. None of the 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. -4- PA20287 CMW\20287 7VF, 01/07/08 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, simple or compounding, 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 fifteen (15) 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 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 Directors. 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. The proceeds of such Bonds may be used to redeem and retire short term obligations or to reimburse the District for expenditures previously made for such Improvements. 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 March 11, 2008. 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: -5- PA20287 CMW\20287 7VF 01/07/08 PROPOSITION NO. 2 LYNDEN SCHOOL DISTRICT NO. 504 GENERAL OBLIGATION BONDS - $4,000,000 The Board of Directors of Lynden School District No. 504 approved a proposition for bonds. This proposition authorizes the District to repay loans that financed the acquisition of property for new middle and elementary schools, replace the roof at Isom Elementary, resurface the track at Lynden High School, undertake safety upgrades, and make other capital improvements to District facilities; to issue $4,000,000 of general obligation bonds maturing within a maximum term of 15 years; and to levy additional property taxes annually to repay the bonds, as described in Resolution #04-08. Should this proposition be: APPROVED?.................................................................................. REJECTED?..... The Secretary of the Board of Directors is hereby authorized to deliver a certified copy of this resolution to the Whatcom County Auditor. Section 6. Request for Eligibility for the Credit Enhancement Program. In preparation for the issuance and sale of the Bonds after approval by the voters, the Board of Directors hereby requests that the State Treasurer issue a certificate of eligibility in favor of the District for participation by the District in the Program with respect to the Bonds. The Superintendent is hereby authorized (following voter approval) to submit such applications, resolutions and certifications as shall be required by the State Treasurer in reviewing the District's request for participation. Section 7. Severability. In the event that any provision of this resolution shall be held to be invalid, such invalidity shall not affect or invalidate any other provision of this resolution or the Bonds, but they shall be construed and enforced as if such invalid provision had not been -6- P:\20287_.CMW\20287.7VF 01/07/08 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. Section 8. Effective Date. This resolution shall become effective inunediately upon its adoption. ADOPTED by the Board of Directors of Lynden School District No. 504, Whatcom County, Washington, at a regular meeting held this 8th day of January, 2008. ATTEST: Secretary, Board of Directors LYNDEN SCHOOL DISTRICT NO. 504, WHATCOM COUNTY, WASHINGTON By P sident and Director Director -7- PA20287 CMW\20287 7VF 01/07/08 CERTIFICATE I, the undersigned, Secretary of the Board of Directors of Lynden School District No. 504, 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. 04-08 of the Board (herein called the "Resolution"), duly adopted at a regular meeting thereof held on the 8th day of January, 2008. 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 8th day of January, 2008. -DX4/ / Secretary, Board of Directors PA20287 CMW\20287 7VF 01/07/08 OFFICIAL BALLOT LYNDEN SCHOOL DISTRICT NO. 504, WHATCOM COUNTY, WASHINGTON March 11, 2008 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. 2 LYNDEN SCHOOL DISTRICT NO. 504 GENERAL OBLIGATION BONDS - $4,000,000 The Board of Directors of Lynden School District No. 504 approved a proposition for bonds. This proposition authorizes the District to repay loans that financed the acquisition of property for new middle and elementary schools, replace the roof at Isom Elementary, resurface the track at Lynden High School, undertake safety upgrades, and make other capital improvements to District facilities; to issue $4,000,000 of general obligation bonds maturing within a maximum term of 15 years; and to levy additional property taxes annually to repay the bonds, as described in Resolution #04-08. Should this proposition be: APPROVED? ................................... REJECTED? ..................................... P:\20287 CMM20287 7VF 01/07/08 NOTICE OF SPECIAL ELECTION LYNDEN SCHOOL DISTRICT NO. 504 WHATCOM COUNTY, WASHINGTON March 11, 2008 NOTICE IS HEREBY GIVEN that on Tuesday, March 11, 2008, a special election will be held by mail ballot in the above -named school district for the submission to the qualified electors of said school district of the following proposition: PROPOSITION NO. 2 LYNDEN SCHOOL DISTRICT NO. 504 GENERAL OBLIGATION BONDS - $4,000,000 The Board of Directors of Lynden School District No. 504 approved a proposition for bonds. This proposition authorizes the District to repay loans that financed the acquisition of property for new middle and elementary schools, replace the roof at Isom Elementary, resurface the track at Lynden High School, undertake safety upgrades, and make other capital improvements to District facilities; to issue $4,000,000 of general obligation bonds maturing within a maximum term of 15 years; and to levy additional property taxes annually to repay the bonds, as described in Resolution #04-08. Should this proposition be: APPROVED?...................................................................................... REJECTED?........................................................................................ Whatcom County Auditor PA20287 CMW\20287 7VF 01/07/08 Whatcom County Auditor's Office r �� Whatcom County Auditor L 311 Grand Avenue, Suite 103 �q �Qa �hNa Elections Division Bellingham, WA 98225-4186 360-676-6740 360-738-4556 FAX 360-738-4555 TTY auditor&o.whatcom.wa.us whatcomma.uslauditor 1/14/2008 TO: Prosecuting Attorney's Office / Royce Buckingham FROM: The Office of the Whatcom County Auditor: ELECTIONS SUBJ: BALLOT TITLE Please look over this ballot title for Lynden School District No. 504 General Obligation Bond for the March 11, 2008 Special Election Please sign -off and return to the Election Department after review. Thank You ! Celeste 50063 I:\Policies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM Prosecuting Atty ballot title letter.doc RECEIVED JAN 1 0 2008 SHIRLEY FoRSLOF WHATCOM COUNTY MOTOR. LYNDEN SCHOOL DISTRICT NO. 504 WHATCOM COUNTY, WASHINGTON GENERAL OBLIGATION BONDS RESOLUTION NO. 04-08 A RESOLUTION of the Board of Directors of Lynden School District No. 504, 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 March 11, 2008, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $4,000,000, or so much thereof as may be issued under the laws governing the indebtedness of school districts for the purpose of providing funds to acquire, replace, equip and make other capital improvements to the facilities of the District and authorizing the Superintendent to submit a request for eligibility for the - Washington State School - District Credit Enhancement Program. ADOPTED JANUARY 8., 2008 PREPARED BY: K&L PRESTON GATES ELLIS LLP Seattle, Washington qr.ow,,jt� a-&q RESOLUTION NO. 04-08 TABLE OF CONTENTS* Page Recitals......................................................................................................................................... I Section1. Findings.......................................................................................................................2 Section 2. Capital Improvements.................................................................................................2 Section 3. Authorization of Bonds...............................................................................................4 Section4. Details of Bonds..........................................................................................................5 Section5. Election.......................................................................................................................5 Section 6. Request for Eligibility for the Credit Enhancement Program.....................................6 Section7. Severability.................................................................................................................6 Section8. Effective Date.............................................................................................................7 * This Table of Contents and the cover page are not a part of the following resolution and are included only for the convenience of the reader. -1- P:\20287-CMW\2O287-7VF 01/07/08 RESOLUTION NO. 04-08 A RESOLUTION of the Board of Directors of Lynden School District No. 504, 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 March 11, 2008, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $4,000,000, or so much thereof as may be issued under the laws governing the indebtedness of school districts for the purpose of providing funds to acquire, replace, equip and make other capital improvements to the facilities of the District and authorizing the Superintendent to submit a request for eligibility for the Washington State School District Credit Enhancement Program. WHEREAS, improvements to school facilities are needed in Lynden School District No. 504, Whatcom County, Washington (the "District"), in order to provide the students of the District with adequate, proper and safe educational facilities; and WHEREAS, in order to provide part of the funds to enable the District to acquire, replace, equip and make such necessary capital improvements to its facilities, it is deemed necessary and advisable that the District issue and sell its unlimited tax levy general obligation bonds in the principal amount of $4,000,000 (the "Bonds"); and WHEREAS, the Constitution and laws of the State of Washington (including RCW 28A.530.010 and RCW 84.52.056) provide that the question of whether or not such Bonds may be issued and sold for such purposes and taxes levied to pay such Bonds 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 the purpose of establishing 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 LYNDEN SCHOOL DISTRICT NO. 504, WHATCOM COUNTY, WASHINGTON, as follows: Section 1. Findings. This Board of Directors (the "Board") hereby finds and declares that the best interest of the students and other inhabitants of the District require the District to cany 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"): • repayment of the Limited General Obligation Bond Anticipation Note, 2007 that was issued to finance the acquisition of land for the site of a new middle school and a future elementary school; • repayment of the Limited General Obligation Note, 2007 that was issued to finance the acquisition of property to house the District's Special Education 18-21 year old transition program; -2- P120287 CMW\20287 7VF OVUM • roof replacement at Isom Elementary School; • replace glass in greenhouse, reconfigure metal shop and welding booths and resurface track at Lynden High School; • Undertake safety and security upgrades at facilities throughout the District. The cost of all necessary architectural, engineering, and other consulting services, inspection and testing, administrative and relocation expenses, on and off -site utilities, site acquisition, 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 such Improvements. Such Improvements shall be complete with all necessary furniture, equipment and appurtenances. If available funds are sufficient from the proceeds of Bonds authorized for the above purposes, and state or local circumstances requite, the District shall use such funds to pay the principal of or interest on the bonds or 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. The District shall determine the application of available moneys as between the various Improvements set forth above so as to accomplish, as nearly as may be, all of the Improvements described or provided for in this section. The District shall determine the exact extent and specifications for construction of structures or other improvements. If the Board shall determine that it has become impractical to accomplish any of such Improvements or portions thereof by reason of state or local circumstances, including changed conditions, incompatible development or costs substantially in excess of those estimated, the District shall not be required to accomplish such Improvements and may apply the Bond proceeds or any portion thereof to other portions of the Improvements, to other capital -3- P:\20287-CMW\20287-7vF 01/07/08 improvements, or to payment of principal of or interest on the Bonds, as the Board may determine after holding a public hearing thereon pursuant to RCW 28A.530.020. In the event that the proceeds of sale of the Bonds, phis any other moneys of the District legally available, are insufficient to accomplish all of the hnprovements provided by this section, the District shall use the available funds for paying the cost of those Improvements for which the Bonds were approved deemed by the Board most necessary and in the best interest of the District. The District does not anticipate receiving funds from the State of Washington pursuant to Chapter 28A.525 RCW. Section 3. Authorization of Bonds. For the purpose of providing part of the funds necessary to pay the cost of the Improvements described in Section 2 hereof and/or to reimburse the District (including the General Fund if capital expenditures have been made from the General Fund) for such costs to the extent that District funds have been used for such purposes, together with incidental costs and costs related to the sale and issuance of the Bonds, the District shall issue and sell its unlimited tax levy general obligation bonds in the principal amount of not to exceed $4,000,000. The balance of the cost of such Improvements shall be paid out of any moneys which the District now has or may later have on hand which are legally available for such purposes, including impact fees, and out of possible state or federal grants of money. None of the 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. -4- P920287 CMW\20287 7VF, 01/07/08 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, simple or compounding, 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 fifteen (15) 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 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 Directors. 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. The proceeds of such Bonds may be used to redeem and retire short tern obligations or to reimburse the District for expenditures previously made for such Improvements. 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 March 11, 2008. 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: -5- PA20287 CMW\20287 7VF 01/07/08 PROPOSITION NO. 2 LYNDEN SCHOOL DISTRICT NO. 504 GENERAL OBLIGATION BONDS - $4,000,000 The Board of Directors of Lynden School District No. 504 approved a proposition for bonds. This proposition authorizes the District to repay loans that financed the acquisition of property for new middle and elementary schools, replace the roof at Isom Elementary, resurface the track at Lynden High School, undertake safety upgrades, and make other capital improvements to District facilities; to issue $4,000,000 of general obligation bonds maturing within a maximum term of 15 years; and to levy additional property taxes annually to repay the bonds, as described in Resolution #04-08. Should this proposition be: APPROVED? .................................................... I....... REJECTED?............................................................................... The Secretary of the Board of Directors is hereby authorized to deliver a certified copy of this resolution to the Whatcom County Auditor. Section 6. Request for Eligibility for the Credit Enhancement Program. In preparation for the issuance and sale of the Bonds after approval by the voters, the Board of Directors hereby requests that the State Treasurer issue a certificate of eligibility in favor of the District for participation by the District in the Program with respect to the Bonds. The Superintendent is hereby authorized (following voter approval) to submit such applications, resolutions and certifications as shall be required by the State Treasurer in reviewing the District's request for participation. Section 7. Severability. In the event that any provision of this resolution shall be held to be invalid, such invalidity shall not affect or invalidate any other provision of this resolution or the Bonds, but they shall be construed and enforced as if such invalid provision had not been -6- PA20287 CMW\202B7 7VF 01/07/08 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. Section 8. Effective Date. This resolution shall become effective immediately upon its adoption. ADOPTED by the Board of Directors of Lynden School District No. 504, Whatcom County, Washington, at a regular meeting held this 8th day of January, 2008. ATTEST: Secretary, Board of Directors LYNDEN SCHOOL DISTRICT NO. 504, WHATCOM COUNTY, WASHINGTON By P sident and Director Director -7- P320287 CMM20287 7VF 01/07/08 CERTIFICATE I, the undersigned, Secretary of the Board of Directors of Lynden School District No. 504, 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. 04-08 of the Board (herein called the "Resolution"), duly adopted at a regular meeting thereof held on the 8th day of January, 2008. 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 8th day of January, 2008. Dew Z C04t:�:� Secretary, Board of Directors P120287 CMW120287 7VF 01/07/08 OFFICIAL BALLOT LYNDEN SCHOOL DISTRICT NO. 504, WHATCOM COUNTY, WASHINGTON March 11, 2008 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.2 LYNDEN SCHOOL DISTRICT NO. 504 GENERAL OBLIGATION BONDS - $4,000,000 The Board of Directors of Lynden School District No. 504 approved a proposition for bonds. This proposition authorizes the District to repay loans that financed the acquisition of property for new middle and elementary schools, replace the roof at Isom Elementary, resurface the track at Lynden High School, undertake safety upgrades, and make other capital improvements to District facilities; to issue $4,000,000 of general obligation bonds maturing within a maximum term of 15 years; and to levy additional property taxes annually to repay the bonds, as described in Resolution #04-08. Should this proposition be: APPROVED?.... REJECTED?............................................................................. P:\20287CMW\20287 7VF 01/07/08 NOTICE OF SPECIAL ELECTION LYNDEN SCHOOL DISTRICT NO. 504 WHATCOM COUNTY, WASHINGTON March 11, 2008 NOTICE IS HEREBY GIVEN that on Tuesday, March 11, 2008, a special election will be held by mail ballot in the above -named school district for the submission to the qualified electors of said school district of the following proposition: PROPOSITION NO.2 LYNDEN SCHOOL DISTRICT NO. 504 GENERAL OBLIGATION BONDS - $4,000,000 The Board of Directors of Lynden School District No. 504 approved a proposition for bonds. This proposition authorizes the District to repay loans that financed the acquisition of property for new middle and elementary schools, replace the roof at Isom Elementary, resurface the track at Lynden High School, undertake safety upgrades, and make other capital improvements to District facilities; to issue $4,000,000 of general obligation bonds maturing within a maximum term of 15 years; and to levy additional property taxes annually to repay the bonds, as described in Resolution #04-08. Should this proposition be: APPROVED?............................................................................... REJECTED?.................................................................................... Whatcom County Auditor PA20287 CMW\20287 7VF 01/07/08