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Home My WebLink About2011 - Lynden School District No. 504 General Obligation Bonds FAILED Special Election February 08, 2011LYNDEN SCHOOL L?� DISTRICT NO. 504 GENERAL OBLIGATION BONDS Ballot Measure Submitted Checklist == Attach to front of folder Ballot Measure Submitted: Date Initial Notes completed 12 I, I Submitted by: :5�U-LI n Sun Contact Phone #: If submitted by mail 3(ao) -5 4- 44q 3 12. 1110 Email Address: J obtains this info Checks signed by Commissioners re Je 1 L4nden L0M ne+•e1 2 to 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 11to Prepares Ballot Measure Receipt & gives to original filer; if submitted by mail returns to submitter With another staff member, confirms everything complete Creates folder (See Steps 6-9 in PROC) 2.1"1.10 Prepares memo routing to Pros Atty with attachments c unty & districts only); gives to CDA for review 2 ,11 ( Gives copy of proposed measure to Auditor &EI ction Supervisor J2470 Auditor determines validation method�1 Auditor hand delivers packet to Pros Atty Date stamps returned letter of approval from Pros Atty /j2,Q,- Routes Folder to Auditor Reviewed by Auditor; assigns number Prit - I D �l D Letter sent (certified mail) to submitter after allot approval; mails opies to any other requestors. Completes Certificate of Mailing Set -Up in EIMS Ballot Layout Created / Completed la.• 0 After Election At& Copy of Canvass Report sent to submitter of ballot issue a • - ` I Obtain Receipt from Treasurer & Assessor of results If school issue, send copy of canvass report to Supt of Public Instruction (form SPI M-466) 56,85, hPolicies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM Ballot Measure CHECKLIST.doc Updated 4/14/2010 Certificate of Mailin A letter regarding the exact ballot title and the headings to be used was mailed by certified mail to on [ Copies of the letter was provided to other parties by regular mail, email or fax Name of party Date: Mailed, emailed or Initial of fay"d Sender, o - OCERTIFIED MAILT,, (Damestic w: ft - ru Postage $ A1 mail from post office) O Certified Fee �Is O 0 Return Rorie pt Fee Postmark (Endorsement RequEred) O Sere Raslrlcted OelEvery Fee tEn rsement Required) r-U m tat Postage & Fees 0 r To m- �. Iti orPOBoxNo. k.S, .# 6n![ � M +4s srero, ziP+-a •- t 1 �Crll� ],(7G� ��1 i� �- -.._.. �1b Dated this clay of at Bellingham W ty Audit j ling- Exact title.doc Adopted 4/14/2010 ■ 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: -T k (k M(tl k A rt ILI �IciST,* �ozz ❑ Agent ❑ Addressee Received by (Pl Name) C. �t of Delivery t � `earj ! D. Is delivery address drfferent from kem 1? ❑ Yes If YES, enter delivery address below: ❑ No 9�Ty Mail ❑ Express Mail ❑ Registered ❑ Return Pee o 1pt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7003 2260 0006 4276 4100 (Transfer from service labeo PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 WHATCOM COUNTY AUDITOR'S OFFICE OFFICIAL CANVASS of the Special Election held Tuesday, February 8, 2011, in Lynden School District 504, Whatcom County, Washington, for the purpose of submitting to the qualified electors of the district a proposition to replace, modernize, and remodel certain schools within the district, refund certain outstanding bonds, issue $35,000,000 of general obligation bonds, and collect excess property taxes annually to repay the bonds. 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 504, Whatcom County, Washington, on the 8th day of February 2011 and the results are as follows: Lynden School District 504 I Proposition No. 1-11 Lynden School District No. 504 General Obligation Bonds - $35,000,000 The Board of Directors of Lynden School District No. 504 adopted Resolution No. 18-10 concerning this proposition for bonds. The proposition authorizes the District to replace Lynden Middle School, modernize and replace portions of Fisher Elementary School, remodel the student services and common space at Lynden High School, and refund certain outstanding bonds, the proceeds of which were used to acquire land; to issue $35,000,000 of general obligation bonds maturing within a maximum of 20 years; and collect excess property taxes annually to repay the bonds, as provided in Resolution No. 18-10. Should this proposition be: APPROVED 4M N REJECTED 4M N Minimum Numbers for Validation: Number of persons voting last General Election: 9,060 40% Minimum Turnout Required 3,624 Needs 60% Yes Vote of TOTAL Turnout ACTUAL RESULTS: APPROVED — 3,224 56.85% REJECTED — 2,447 43.15% PROPOSITION FAILED 56.85% The canvass has been completed this 23 rd day of February 2011. WHATCOM COUNTY CANVASSING BOARD Whatcom Cou y itor "I C Vk A X0, -OUN TY C County Leg Vfati4A&horii-y- it STATE OF Is, County 'rosecuting Attorney Page 2 Whatcom County P �0M eoG Auditor's Office ?� Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 -�- 101!1 Email: auditor&o.whatcomma.us Internet: www.whalcomcaunl .uslauditor Telephone: (360) 676-6740 February 24, 2011 Mr. Jim Frey Lynden School District 504 1203 Bradley Rd. Lynden, WA 98264 Dear Mr. Frey: SHIRLEY FORSLOF County Auditor DEBBIE ADELSTEIN Chief Deputy 1' Enclosed please find a copy of the certification of the February 8, 2011, Special Election pertaining to your district. For the Summary Report of the Official Election Results and for the Precinct by Precinct Abstract, please refer to our website at www.whatcomcounty.us/auditor and click on Elections. We look forward to working with you in the future. Please do not hesitate to give me a call at 676-6744 with any questions. Sincerely, Shirley Forsl f Whatcom County Auditor Enclosure Licensing/Recording Elections Administration/Internal Audit 360-676-6744 360-676-6740 360-676-6742 360-676-6740- ext 50065 TTY FAX 360-738-4555 360-738-4556 OFFICE OF SUPERINTENDENT OF PUBLIC INSTRU( K-12 Fiscal Services & Policy Old Capitol Building. PO Box 47200 OLYMPIA WA 98504-7200 (360) 725-6111 TTY (360) 664-3631 COUNTY AUDITOR'S SCHOOL DISTRICT FINANCING ELECTII REPORTING FORM School District Name: Lynden School District 504 Election Date: 02/08/11 Auditor Name: Shirley Forslof Date: 02/24/11 I. Minimum Voter Turnout Requirements for Bond Issues Total votes cast at last qualifying State General Election: 9,060 II. Canvass of Election Proposition Number Dollar Amount Type of Election* Number of Votes For Number of Votes Against Passed Failed 1-11 $35,000,000 BO 3,224 2,447 56.85% *Type of Election Codes BO Bond M&O Maintenance & Operation CP Capital Project TVF Transportation Vehicle Fund III. Lead/Joint Counties: N/A SEND COMPLETED REPORT WITH A BALLOT ATTACHED TO: Shawn Lewis Chief Financial Officer K-12 Fiscal Services & Policy Office of Super. of Public Instruction PO BOX 47200 OLYMPIA WA 98504-7200 OR E-MAIL COMPLETED REPORT WITH A BALLOT ATTACHED TO: Jackie.hansman@k12/wa/us Jackie Hansman, Exec. Asst. 360-725-6111 I:\Nancy\ELECTION FORMS\SCHOOL Financial Reporting Form for Olympia doc FORM SPI M-466 (REV 07/2010) 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 Telephone: (360) 676-6740 ELECTIONS RESULTS RECEIPT SHIRLEY FORSLOF County Auditor DEBBIE ADELSTEIN Chief Deputy A copy of the Lynden School District 504, Whatcom County, election results from the February 8, 2011 Special Election, has been delivered to the Assessor's Office and the Treasurer's Office. Receipt Acknowledged: ASSESSOR'S OFFICE: Na e i TREASURER'S OFFICE: Z� Date Date Licensing/Recording Elections Administrationlinternal Audit 360-676-6744 360-676-6740 360-676-6742 360-676-6740- ext 50065 TTY FAX 360-738-4555 360-738-4556 WHATCOM COUNTY AUDITOR'S OFFICE Whatcom County Courthouse 31 1 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Email: Auditor@co.whatcom.wa.us Internet: www.whatcomcounty.us/auditor MAILED VIA CERTIFIED MAIL ON December 21, 2010 December 20, 2010 Jim Frey, Superintendent Lynden School District No. 504 1203 Bradley Road Lynden, WA 98264 RE: Ballot Title: Lynden School District No. 504 General Obligation Bonds Dear Mr Frey: SHIRLEY FORSLOF COUNTY AUDITOR DEBBIE ADELS TIN CHIEF DEPUTY Phone: 360-676-6740 FAX: 360-738-4556 The following is a true copy of the approved ballot title and headings as it will appear on the ballot for the February 8, 2011 special election: Proposition No. 1-11 Lynden School District No. 504 General Obligation Bonds - $35,000,000 The Board of Directors of Lynden School District No. 504 adopted Resolution No. 18-10 concerning this proposition for bonds. The proposition authorizes the District to replace Lynden Middle School, modernize and replace portions of Fisher Elementary School, remodel the student services and common space at Lynden High School, and refund certain outstanding bonds, the proceeds of which were used to acquire land; to issue $35,000,000 of general obligation bonds maturing within a maximum of 20 years; and collect excess property taxes annually to repay the bonds, as provided in Resolution No.18-10. Should this proposition be: Approved? 4W -4 Rejected? 4- M4 The ballot title has been approved by Royce Buckingham, Civil Prosecuting Attorney. This notice of the exact language of the ballot title is being provided pursuant to RCW 29A.36.080. Sincerely, Shirley F rslof Whatcom County Auditor cc: Shu-Ling Sun, Bus Mgr, Lynden School Dist #504 Licensing Recording Elections Administrative/Internal Audit TTY 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 ext 50065 360-738-4555 Ballot Type - Precinct XRef Special Election February 8 2011- 02/08/2011 105 105 108 108 126 126 127-3 127 127-4 127 127-5 127 128-2 128 129-1 129 129-2 129 157 157 601 601 602 602 603 603 604 604 605 605 Total Ballot Types: 1 EWMR002 - Ballot Type to Regular Precinct XRef Page 1 of 1 Printed: 12/27/2010 8:30:06AM Whatcom Countya �` Auditor's Office 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4186 360.676.6740 360-738-4556 FAX 360.738-4555 TTY auditor&o.whatcom.wa.us whatcomma.us/auditor 11/29/10 Whatcom County Auditor Elections Division TO: Prosecuting Attorney's Office / Royce Buckingham FROM: Shirley Forslof, Auditor 1 SUBJ: Ballot Title & Ballot Headings Please review the enclosed Ballot Title and headings for Lynden School District No. 504 Capital Project Bond/General Obligation Bonds. Contact information is included if you need to discuss this matter with the district. I will await your confirmation letter of approval. Please return it to my office after your review is complete. Thank You. I:\Policies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM Prosecuting Atty ballot title letter.doc Lynden School District No. 504 1203 Bradley Road • Lynden, Washington 98264 (360) 354-4443 ■ Fax (360) 354-7662 7, 2010 Shirley Forslof Whatcom County Auditor 311 Grand Avenue, Suite 103 Bellingham, WA 98225 Dear Ms. Forslof: Re: Lynden School District No. 504 Capital Project Bond Election February 8, 2011 Jim Frey Superintendent Steve Dahl Director of Special Programs Shu-Ling Sun, C.P.A. Business Manager Enclosed please find a copy of the Lynden School District's signed Resolution No. 18-10, wherein the School Board authorized a proposition for a special election. Also included is the Certification statement from the Secretary of the Board and special election proposition and notice. Please address correspondence and proposed changes to Jim Frey via the contact information below. Lynden School District No. 504 1203 Bradley Road �;. Lynden, Washington 98264 i. Jim Frey Superintendent (360)354-4443 Fax (360) 354-7662 email: freyj@lynden.wednet.edu Sincerely, ' -, Shu-Ling Sun Business Manager Lynden School District No. 504 (360) 354-4443 x6114 Enclosures AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER LYNDEN SCHOOL DISTRICT NO. 504 WHATCOM COUNTY, WASHINGTON GENERAL OBLIGATION BONDS RESOLUTION NO. 18-10 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 February 8, 2011, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $35,000,000 or so much thereof as may be issued under the laws governing the indebtedness of school districts for the purpose of providing funds for 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 December 16, 2010 PREPARED BY: RECEIVED K&L GATES LLP DEC 1 7 ? 010 Seattle, Washington SHIRLEY FORSLOF WHATCOM COUNTY AUDI-1.OR LYNDEN SCHOOL DISTRICT NO. 504 TABLE OF CONTENTS Page Recitals.......................................................................................................................................... 1 Section1. Findings.................................................................................................................2 Section 2. Capital Improvements........................................................................................... 2 Section 3. ............................................................................ Authorization of Bonds ............. 4 Section4. Details of Bonds.................................................................................................... 4 Section5. Election................................................................................................................. 5 Section 6. Request for Eligibility for the Credit Enhancement Program ............................... 6 Section7. Severability........................................................................................................... 6 Section8. Effective Date....................................................................................................... 7 -1- RM287 CMM20287_944 11/11/10 RESOLUTION NO. 18-10 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 February 8, 2011, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $35,000,000 or so much thereof as may be issued under the laws governing the indebtedness of school districts for the purpose of providing funds for 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 needed to undertake those capital investments, it is deemed necessary and advisable that the District issue and sell its unlimited tax levy general obligation bonds in the principal amount of $35,000,000 (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, RCW ch.39.98 was enacted 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 RCW 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 undertake the following capital improvements: • Replace Lynden Middle School, • Replace, remodel Fisher Elementary School, • Remodel student services space and common space at Lynden High School, and • Redeem and refund the District's Limited General Obligation Bonds, issued on November 23, 2009, the proceeds of which were used to aquire land for District purposes. (collectively, the "Improvements") The cost of all necessary planning, architectural, engineering, and other consulting services, inspection and testing, administrative and relocation expenses, on and off -site utilities, related improvements and other costs incurred in connection with the making of the foregoing -2- P:\20287CMVIA20287944 11/11/10 capital improvements shall be deemed a part of the costs of such Improvements. Such Improvements shall include 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 acquire, construct, equip and make other capital improvements to the facilities of the District, all as the Board of Directors may determine and 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, lack of additional state funding or costs substantially in excess of those estimated, the District shall not be required to accomplish such Improvements. The Board shall consult with its oversight committee regarding then available options. The Board may (a) use Bond proceeds to complete the other Improvements, (b) use Bond proceeds for other capital projects or (c) transfer unspent proceeds to the District's debt service fund in order to repay or defease outstanding Bonds. The Board shall hold a public hearing pursuant to RCW 28A.530.020 if it determines to apply Bond proceeds to other capital projects. 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 -3- P:120287 CM1M20267 944 11/11/10 Bonds were approved deemed by the Board most necessary and in the best interest of the District. It is anticipated that the District will receive funds from the State of Washington pursuant to Chapter 28A.525 RCW in the estimated amount of $17,000,000. The District intends to apply such funds to the completion of all or a portion of the eligible Improvements described in Section 2. Such funds may also be applied to pay the principal of or interest on the bonds provided for herein or to make other capital improvements to the facilities of the District as the Board may determine after holding a public hearing thereon pursuant to RCW 28A.530.020. 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 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 $35,000,000. 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 mitigation fees, and out of possible state or federal grants of money. 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. 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 -4- P:\20287CMW\20287944 11/11/10 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 20 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 February 8, 2011. The Whatcom County Auditor as ex officio supervisor of elections is hereby requested also to call and conduct the special election to be held within the District and to submit to the qualified electors of the District the proposition set forth below. The Secretary of the Board is hereby authorized and directed to certify the proposition to said officials in the following form: -5- RM287 CMM20287 944 11/11/10 PROPOSITION NO. 1 LYNDEN SCHOOL DISTRICT NO. 504 GENERAL OBLIGATION BONDS - $35,000,000 The Board of Directors of Lynden School District No. 504 adopted Resolution No. 18-10 concerning this proposition for bonds. The proposition authorizes the District to replace Lynden Middle School, modernize and replace portions of Fisher Elementary School, remodel the student services and common space at Lynden High School, and refund certain outstanding bonds, the proceeds of which were used to acquire land; to issue $35,000,000 of general obligation bonds maturing within a maximum of 20 years; and collect excess property taxes annually to repay the bonds, as provided in Resolution #18-10. 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 and/or Business Manager, is hereby authorized and directed (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 contained herein; provided, however, that any provision which shall for any reason be -6- P:\20287CMW\20287944 12/17/10 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 16th day of December, 2010. ATTEST: G•�� t -S c--74 Speretary of the Board of Di ctors LYNDEN SCHOOL DISTRICT NO. 504, WHATCOM COUNTY, WASHINGTON Board of Directors - / - PA20287_CMVIA20287_944 11/11/10 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. 18-10 of the Board (herein called the "Resolution"), duly adopted at a regular meeting thereof held on the 16th day of December, 2010. 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 161" day of December, 2010. S retary, Board of irectors P:\20287CMW\20287944 11/11/10 OFFICIAL BALLOT LYNDEN SCHOOL DISTRICT NO. 504, WHATCOM COUNTY, WASHINGTON February 8, 2011 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 SCHOOL DISTRICT NO. 504 GENERAL OBLIGATION BONDS - $35,000,000 The Board of Directors of Lynden School District No. 504 adopted Resolution No. 18-10 concerning this proposition for bonds. The proposition authorizes the District to replace Lynden Middle School, modernize and replace portions of Fisher Elementary School, remodel the student services and common space at Lynden High School, and refund certain outstanding bonds, the proceeds of which were used to acquire land; to issue $35,000,000 of general obligation bonds maturing within a maximum of 20 years; and collect excess property taxes annually to repay the bonds, as provided in Resolution #18-10. Should this proposition be: APPROVED? .............................. REJECTED? ............................... .............................. ❑ ............................... ❑ PA20287 CMVV120287 944 12/17/10 NOTICE OF SPECIAL ELECTION LYNDEN SCHOOL DISTRICT NO. 504 WHATCOM COUNTY, WASHINGTON February 8, 2011 NOTICE IS HEREBY GIVEN that on Tuesday, February 8, 2011, a special election will be held in the above -named school district for the submission to the qualified electors of said school district of the following proposition: PROPOSITION NO. 1 LYNDEN SCHOOL DISTRICT NO. 504 GENERAL OBLIGATION BONDS - $35,000,000 The Board of Directors of Lynden School District No. 504 adopted Resolution No. 18-10 concerning this proposition for bonds. The proposition authorizes the District to replace Lynden Middle School, modernize and replace portions of Fisher Elementary School, remodel the student services and common space at Lynden High School, and refund certain outstanding bonds, the proceeds of which were used to acquire land; to issue $35,000,000 of general obligation bonds maturing within a maximum of 20 years; and collect excess property taxes annually to repay the bonds, as provided in Resolution #18-10. Should this proposition be: APPROVED?........................................................................................ ❑ REJECTED?.......................................................................................... ❑ Whatcom County Auditor P:\20287CMW\20287944 12/17/10 WHATCOM COUNTY PROSECUTING ATTORNEY DAVID S. MCEACHRAN CHIEF CRIMINAL DEPUTY Mac D. Setter ASST. CHIEF CRIMINAL DEPUTY Warren J. Page CRIMINAL DEPUTIES Craig D. Chambers Elizabeth L. Gallery David A. Graham Eric J. Richey James T. Hulbert Ann L. Stodola Jeffrey D. Sawyer Anna Gigliotti Shannon Connor Christopher D. Quinn David E. Freeman Kari Hathorn Kyle Moore Dona Bracke Kristen Reid Whatcom County Courthouse 311 Grand Avenue, Second Floor Bellingham, Washington 98225-4079 (360) 676-6784 / FAX (360) 738-2532 COUNTY (360) 398-1310 rb' ""J' DEC 20 2010 at CHIEF CIVIL DEPUTY Randall J. Watts ASST CHIEF CIVIL DEPUTY Daniel L. Gibson CIVIL DEPUTIES Karen L. Frakes Royce Buckingham CIVIL SUPPORT ENFORCEMENT DEPUTIES Angela A. Cuevas Dionne M. Clasen APPELLATE DEPUTIES Kimberly Thutin Hilary A. Thomas ADMINISTRATOR Kathy Walker Date: December 20, 2010 To: Shirley Forslof RE: Lynden School District No. 504 — Capital Project Bond/General Obligation Bond Dear Shirley, I recommend adoption of the language submitted by the Lynden School District (attached). It meets the statutory criteria. Sincerely, Ro ce Buckingham Attorney for Whatcom County PDS Whatcom County �" Auditor's Office 311 Grand Avenue, Suite 103 �4$�0 Bellingham, WA 98225-4186 360-676-6740 360-738.4556 FAX 360-738-4555 TTY auditor@co.whatconn.wa.us whatcomma.uslauditor 11/29/10 Whatcom County Auditor Elections Division TO: Prosecuting Attorney's Office / Royce Buckingham FROM: Shirley Forslof, Auditor SUBJ: Ballot Title & Ballot Headings Please review the enclosed Ballot Title and headings for Lynden School District No. 504 Capital Project Bond/General Obligation Bonds. Contact information is included if you need to discuss this matter with the district. I will await your confirmation letter of approval. Please return it to my office after your review is complete. Thank You. I:\Policies & Procedures\Elections\02. Pre-Election\02_Filing - Ballot Measures\FRM Prosecuting Atty ballot title letter.doc Lynden School District No. 504 1203 Bradley Road ■ Lynden, Washington 98264 (360) 354-4443 • Fax (360) 354-7662 7, 2010 Shirley Forslof Whatcom County Auditor 311 Grand Avenue, Suite 103 Bellingham, WA 98225 Dear Ms. Forslof: Re: Lynden School District No. 504 Capital Project Bond Election February 8, 2011 Jim Frey Superintendent Steve Dahl Director of Special Programs Shu-Ling Sun, C.P.A. Business Manager Enclosed please find a copy of the Lynden School District's signed Resolution No. 18-10, wherein the School Board authorized a proposition for a special election. Also included is the Certification statement from the Secretary of the Board and special election proposition and notice. Please address correspondence and proposed changes to Jim Frey via the contact information below. Lynden School District No. 504 1203 Bradley Road - '`, Lynden, Washington 98264 Jim Frey Superintendent (360)354-4443 Fax (360)354-7662 email: freyj@lynden.wednet.edu Sincerely, Shu-Ling Sun Business Manager Lynden School District No. 504 (360) 354-4443 x6114 Enclosures AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER Whatcom County Courthouse M CWhatcom County GOOfi 311 Grand Avenue, Suite 103 rP< ti Bellingham, WA 98225-4038 3 Auditor's Office 360-676-6740 360-738-4556 FAX y Election Division 360-738-4555 TTY E-mail: auditor&o.whatcom.wa.us www.co.whatcom.wa.uslauditor BALLOT MEASURE RECEIPT Elvxpl Date Received: 12.1-7 ) C Received From: �Sh U— Li nG Sun Name of Presenter n d -en S c,� OO I Name ot Organization 17-D3 6rod I e\., Road , Lqf den Actdre�s Phone Email Ballot Issue Name: Lunde-n Schooi I ISA-rj & ki0. 60q GnerctI Oul jet-hao 6onJS (Ajj� Ci8Z&C/ The Auditor's Office, Election Division, acknowledges receipt of the above - named Proposition for inclusion in the -fir Election. UIO Deputy Auditor IAPolicies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM RECEIPT for ballot measure.DOCAdopted 7/27/06 12C0o ply LYNDEN SCHOOL DISTRICT NO. 504 WHATCOM COUNTY, WASHINGTON GENERAL OBLIGATION BONDS RESOLUTION NO. 18-10 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 February 8, 2011, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $35,000,000 or so much thereof as may be issued under the laws governing the indebtedness of school districts for the purpose of providing funds for 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 December 16, 2010 PREPARED BY: RECEIVED K&L GATES LLP DEC 1 7 ? 010 Seattle, Washington SHIRLEY FORSLOf° WHATCOM COUNTY AUDITOR LYNDEN SCHOOL DISTRICT NO. 504 TABLE OF CONTENTS Page Recitals.......................................................................................................................................... I Section1. Findings.................................................................................................................2 Section 2. Capital Improvements...........................................................................................2 Section 3. Authorization of Bonds......................................................................................... 4 Section4. Details of Bonds.................................................................................................... 4 Section5. Election................................................................................................................. 5 Section 6. Request for Eligibility for the Credit Enhancement Program ............................... 6 Section7. Severability........................................................................................................... 6 Section8. Effective Date....................................................................................................... 7 -1- P:\20287CMW\20287944 11/11/10 RESOLUTION NO. 18-10 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 February 8, 2011, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $35,000,000 or so much thereof as may be issued under the laws governing the indebtedness of school districts for the purpose of providing funds for 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 needed to undertake those capital investments, it is deemed necessary and advisable that the District issue and sell its unlimited tax levy general obligation bonds in the principal amount of $35,000,000 (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, RCW ch.39.98 was enacted 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 RCW 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. Findin s. This Board of Directors (the "Board") hereby finds and declares that the best interest of the students and other inhabitants of the District require the District to carry out the plans hereinafter provided at the time or times and in the order deemed most necessary and advisable by the Board. Section 2. Capital Improvements. The District shall undertake the following capital improvements: • Replace Lynden Middle School, • Replace, remodel Fisher Elementary School, • Remodel student services space and common space at Lynden High School, and • Redeem and refund the District's Limited General Obligation Bonds, issued on November 23, 2009, the proceeds of which were used to aquire land for District purposes. (collectively, the "Improvements") The cost of all necessary planning, architectural, engineering, and other consulting services, inspection and testing, administrative and relocation expenses, on and off -site utilities, related improvements and other costs incurred in connection with the making of the foregoing -2- P:Q0287 CMVM20287_944 11/11/10 capital improvements shall be deemed a part of the costs of such Improvements. Such Improvements shall include 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 acquire, construct, equip and make other capital improvements to the facilities of the District, all as the Board of Directors may determine and 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, lack of additional state funding or costs substantially in excess of those estimated, the District shall not be required to accomplish such Improvements. The Board shall consult with its oversight committee regarding then available options. The Board may (a) use Bond proceeds to complete the other Improvements, (b) use Bond proceeds for other capital projects or (c) transfer unspent proceeds to the District's debt service fund in order to repay or defease outstanding Bonds. The Board shall hold a public hearing pursuant to RCW 28A.530.020 if it determines to apply Bond proceeds to other capital projects. 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 -3- P:\20287CMW\20287944 11111/10 Bonds were approved deemed by the Board most necessary and in the best interest of the District. It is anticipated that the District will receive funds from the State of Washington pursuant to Chapter 28A.525 RCW in the estimated amount of $17,000,000. The District intends to apply such funds to the completion of all or a portion of the eligible Improvements described in Section 2. Such funds may also be applied to pay the principal of or interest on the bonds provided for herein or to make other capital improvements to the facilities of the District as the Board may determine after holding a public hearing thereon pursuant to RCW 28A.530.020. 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 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 $35,000,000. 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 mitigation fees, and out of possible state or federal grants of money. 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. 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 -4- P:120287 CMVN20287 944 11/11/10 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 20 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 February 8, 2011. The Whatcom County Auditor as ex officio supervisor of elections is hereby requested also to call and conduct the special election to be held within the District and to submit to the qualified electors of the District the proposition set forth below. The Secretary of the Board is hereby authorized and directed to certify the proposition to said officials in the following form: -5- P:%20287 CMVV120287 944 11/11/10 PROPOSITION NO. 1 LYNDEN SCHOOL DISTRICT NO. 504 GENERAL OBLIGATION BONDS - $35,000,000 The Board of Directors of Lynden School District No. 504 adopted Resolution No. 18-10 concerning this proposition for bonds. The proposition authorizes the District to replace Lynden Middle School, modernize and replace portions of Fisher Elementary School, remodel the student services and common space at Lynden High School, and refund certain outstanding bonds, the proceeds of which were used to acquire land; to issue $35,000,000 of general obligation bonds maturing within a maximum of 20 years; and collect excess property taxes annually to repay the bonds, as provided in Resolution #18-10. 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 and/or Business Manager, is hereby authorized and directed (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 contained herein; provided, however, that any provision which shall for any reason be -6- P:\20267CMV\A20287944 12/17110 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 16th day of December, 2010. ATTEST: .. i3 '�-24 Spdfetary of the Board of Dir ctors LYNDEN SCHOOL DISTRICT NO. 504, WHATCOM COUNTY, WASHINGTON Board of Directors -7- P:\20287CMW\20287944 11/11/10 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. 18-10 of the Board (herein called the "Resolution"), duly adopted at a regular meeting thereof held on the 161h day of December, 2010. 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 161h day of December, 2010. S retary, Board of irectors P:Q0287 C MVIA202 87944 11/11/10 OFFICIAL BALLOT LYNDEN SCHOOL DISTRICT NO. 504, WHATCOM COUNTY, WASHINGTON February 8, 2011 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 SCHOOL DISTRICT NO. 504 GENERAL OBLIGATION BONDS - $35,000,000 The Board of Directors of Lynden School District No. 504 adopted Resolution No. 18-10 concerning this proposition for bonds. The proposition authorizes the District to replace Lynden Middle School, modernize and replace portions of Fisher Elementary School, remodel the student services and common space at Lynden High School, and refund certain outstanding bonds, the proceeds of which were used to acquire land; to issue $35,000,000 of general obligation bonds maturing within a maximum of 20 years; and collect excess property taxes annually to repay the bonds, as provided in Resolution,6-10. Should this proposition be: 1L�D • APPROVED? ........................................ ............................................ ❑ REJECTED?.......................................................................................... ❑ XA $ P:\20287CMVIA20287 944 12/17/10 NOTICE OF SPECIAL ELECTION LYNDEN SCHOOL DISTRICT NO. 504 WHATCOM COUNTY, WASHINGTON February 8, 2011 NOTICE IS HEREBY GIVEN that on Tuesday, February 8, 2011, a special election will be held in the above -named school district for the submission to the qualified electors of said school district of the following proposition: PROPOSITION NO. 1 LYNDEN SCHOOL DISTRICT NO. 504 GENERAL OBLIGATION BONDS - $35,000,000 The Board of Directors of Lynden School District No. 504 adopted Resolution No. 18-10 concerning this proposition for bonds. The proposition authorizes the District to replace Lynden Middle School, modernize and replace portions of Fisher Elementary School, remodel the student services and common space at Lynden High School, and refund certain outstanding bonds, the proceeds of which were used to acquire land; to issue $35,000,000 of general obligation bonds maturing within a maximum of 20 years; and collect excess property taxes annually to repay the bonds, as provided in Resolution #18-10. Should this proposition be: APPROVED?........................................................................................ ❑ REJECTED?.......................................................................................... ❑ Whatcom County Auditor P:�20287 CMM20287 944 12/17110 Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 360-676-6740 360-738-4556 FAX 360-738-4555 TTY E-mail: auditor&o.whatcom.wams www.co.whatcom.wa.uslauditor BALLOT MEASURE RECEIPT Date Received: 12.) -7 ) D Received From: `5h U— [_I nq SUo Whatcom County Auditor's Office Election Division tEcOpl Name of Presenter ncl en Sc,�cooI bI-: I- &� (Q(-), rJ0 LJ Name of Organization J-Zn Good l eu IRyacl Lq-d-en LOA �BZ��-� A(dress 3(00)35� -y LIu 3 ieciu Phone Email Ballot Issue Name: Lqnje-n sc"'L-)VI Genera 1 0bl lOr�t-hao & c(S The Auditor's Office, Election Division, acknowledges receipt of the above - named Proposition for inclusion in the Per Election. Ul0 Deputy Auditor I:\Policies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM RECEIPT for ballot measure.DOCAdopted 7/27/06