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Home My WebLink About2024 - Lynden School District No. 504 General Obligation Bond $157,500,000 Primary and Special Election August 06, 2024Whatcom County Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 August 29, 2024 Election Results Receipt Stacy Henthorn County Auditor Amy Grasher Chief Deputy Auditor Copies of the following proposition election results from the August 6, 2024 Primary and Special Election, have been delivered to the Assessor's and Treasurer's Office: Lynden School District 504, Proposition 2024-16, General Obligation Bonds - $15 7, 500, 000 ■ Fire Protection District 1, Proposition 2024-18, General Obligation Bonds - $13,000,000 ■ Fire Protection District 17, Proposition 2024-19, Authorizing Regular Property Tax Levy ■ Fire Protection District 21, Proposition 2024-17, Authorizing Regular Property Tax Levy Receipt Acknowledged: Assessor's Office: Rebecca Xczar Treasurer's Office: Steven Oliver r Date 9 /7 1Z- Date Summary Report Page: 1 of 1 Whatcom County, Washington 2024-08-20 Primary Election - August 6, 2024 08:59:29 All Precincts, All Districts, All Counter Groups, All ScanStations, LSD 504 Prop 2024-16 - Gen Obligations Bond $157,500,000, All Boxes Total Ballots Cast: 9289, Registered Voters: 162389. Overall Turnout: 5.72% Choice Votes Vote % All Precincts LSD 504 Prop 2024-16 - Gen Obligations Bond $157,500,000 (Vote for 1) 9289 ballots (0 over voted ballots, 0 overvotes, 251 undervotes), 15856 registered voters, turnout 58.58% Approved 4157 45 99% Reiected 4881 54.01 % Total 9038 100 00% Overvotes 0 Undervotes 251 STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) This is to certify that on August 6, 2024, there was held a special election in Lynden School District 504, Whatcom County, Washington, for the submission of a ballot measure to the voters for their approval or rejection. The results of the election were duly canvassed by the Whatcom County Canvassing Board on August 20, 2024, and the results of said canvass are as reads above. Dated this 29" day of August, 2024, Bellingham, Whatcom County, Washington. ��Cj- §tacyenthor County Auditor Final Language Ballot Title Lynden School District 504 Proposition 2024-16 General Obligation Bonds - $157,500,000 The Board of Directors of Lynden School District 504 adopted Resolution No. 04-24 approving a proposition for bonds. This proposition authorizes the District to construct and equip a new Lynden High School, add permanent classrooms and remove portables at Isom and Vossbeck Elementary Schools, create permanent early learning space, and make District -wide safety and infrastructure improvements, to issue $157,500,000 of general obligation bonds maturing within a maximum of 21 years, and to collect excess property taxes annually to repay the bonds, as provided in Resolution #04-24. Should this proposition be: Approved Rejected Explanatory Statement The Board of Directors of Lynden School District 504 adopted Resolution No. 04-24 approving a proposition for bonds. This authorizes the District to construct and equip a new Lynden High School, add permanent classrooms and remove portables at Isom and Vossbeck Elementary Schools, create permanent early learning space, and make District -wide safety and infrastructure improvements, to issue $157,500,000 of general obligation bonds maturing within a maximum of 21 years, and to collect excess property taxes annually to repay the bonds, as provided in the Resolution. Whatcom County Auditor's Office Ballot Measure Coversheet lo:R�iit�•`tijl�i�r��7:A:i=r_:li'�1�'rIa' -- ---- -- -- - -- District Name: Lynden School District No. 504 District Address: Contact Person 1 516 Main Street, Lynden, WA 98264 David VanderYacht, Superintendent Name & Title 360-354-4443, vanderyachtd@lynden.wednet.edu Phone & email Cynthia Weed, K & L Gates Name 206-618-6050; cynthia.weed@klgates.com Phone & email Contact Person 2 Ben Thomas, Director of Finance & Operations Name & Title 360-354-4443; thomasb@lynden.wednet.edu Phone & email Has your attorney prepared this ballot measure? no Yes Q No Are the following required documents included? Resolution Yes No with original signatures or a certified copy Explanatory Statement Yes i No prepared by your attorney, not to exceed 100 words Committee Appointment Forms Yes 0 No separate forms for each committee Completed Ballot Measure Coversheet Yes O No Auditor's Office Use Received In Person APR 3 0 2024 Whatcom County Elections Missing document(s): understand that the submittal deadline date for the missing documents is and the Auditor's Office will not begin processing this ballot measure until all documents have been submitted. 20 L� l (o Proposition/Imitative Number Presenter's Signature Deputy Auditor's Signature Reviewed 12/12/2023 Received to Person APR 3 0 2024 Whatcom County Elections LYNDEN SCHOOL DISTRICT NO. 504 WHATCOM COUNTY, WASHINGTON GENERAL OBLIGATION BONDS RESOLUTION NO. 04-24 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 August 6, 2024, of a proposition for the issuance of its general• obligation bonds in the aggregate principal amount of not to exceed $157,500,000, or so much thereof as may be issued under the laws governing the indebtedness of school districts, for the purpose of providing funds to construct and equip a new Lynden High School, add permanent classrooms and remove portables at Isom and Vossbeck Elementary Schools, create permanent early learning space, and make District -wide safety and infrastructure improvements, and authorizing the Superintendent and/or the Director of Finance & Operations to submit a request for eligibility for the Washington State School District Credit Enhancement Program. ADOPTED APRIL 4, 2024 I9: ' :117a1-2Ms K&L GATES LLP Seattle, Washington 5507442459.1 LYNDEN SCHOOL DISTRICT NO. 504 RESOLUTION NO. 04-24 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. Notices Relating to Ballot Title............................................................................ 6 Section7. Voters' Pamphlet.................................................................................................. 6 Section8. Severability........................................................................................................... 7 Section9. Effective Date....................................................................................................... 7 * This table of contents and the cover page are not a part of this resolution; they are included for convenience of the reader only. -i- 507442549.1 RESOLUTION NO. 04-24 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 August 6, 2024, of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of not to exceed $157,500,000, or so much thereof as may be issued under the laws governing the indebtedness of school districts, for the purpose of providing funds to construct and equip a new Lynden High School, add permanent classrooms and remove portables at Isom and Vossbeck Elementary Schools, create permanent early learning space, and make District -wide safety and infrastructure improvements, and authorizing the Superintendent and/or the Director of Finance & Operations to submit a request for eligibility for the Washington State School District Credit Enhancement Program. WHEREAS, Lynden School District No. 504, Whatcom County, Washington (the "District") is in need of multiple capital improvements (hereinafter defined as the "Improvements"); and WHEREAS, in order to provide all or a part of the funds to enable the District to undertake the Improvements, it is deemed necessary and advisable that the District issue and sell its unlimited tax general obligation bonds to provide funds for such purposes; and WHEREAS, the Constitution and laws of the State of Washington (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 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 voter -approved school district general obligation bonds; and 507442459.1 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, THE BOARD OF DIRECTORS OF LYNDEN SCHOOL DISTRICT NO. 504, WHATCOM COUNTY, WASHINGTON DOES RESOLVE, as follows: Section 1. Findings. This Board of Directors (the "Board") hereby finds and declares that the best interest of the students and other residents 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 improvements (collectively, the "Improvements"): • Construct and equip a new Lynden High School, including an upgrade to the gymnasium, to address enrollment growth, access and safety, aging facilities and purpose-built environments; • Add permanent early learning and special education classrooms at Isom Elementary School and Vossbeck Elementary School to support enrollment growth and meet the special needs of learners; • Undertake safety and playground enhancements at District facilities serving early learning, special education and parent partnership programs; and -2- 507442459.1 • Upgrade HVAC systems throughout the District to extend life and improve air quality. 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 Improvements shall be deemed a part of the costs of the Improvements. Such Improvements shall be complete with all necessary furniture, and equipment and appurtenances. The District shall determine the application of available moneys 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. 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. If available funds are insufficient 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 acquire, construct, equip, modernize and make other capital -3- 507442459.1 r~i ' improvements to the facilities of the District, all as the Board of Directors may determine, but only after holding a public hearing thereon pursuant to RCW 28A.530.020. It is currently anticipated that the District will receive funds from the State of Washington pursuant to Chapter 28A.525 RCW in the amount of $23,888,752. Such funds are expected to be used for the Improvements or shall be used 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 28A530.020. Section 3. Authorization of Bonds. For the purpose of providing all or a 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 general obligation bonds in the principal amount of not to exceed $157,500,000. The balance of the cost of the Improvements shall be paid out of any money which the District now has or may later have on hand which are legally available for such purposes, including impact 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 and as permitted by law, shall bear interest at a rate or rates not to exceed the maximum rate permitted -4- 507442459.1 by law at the time the bonds are sold, and shall mature in such amounts and at such times within a maximum term of twenty-one (21) years from date of issue, but may mature at an earlier date or dates, as authorized by this Board and as provided by law. Said bonds shall be general obligations of the District and, unless paid from other sources, both principal thereof and interest thereon (including original issue discount) shall be payable out of annual tax levies to be made upon all the taxable property within the District without limitation as to rate or amount and in excess of any constitutional or statutory tax limitations. The exact date, form, terms and maturities of said bonds shall be as hereafter fixed by resolution of the Board of 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 require 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 August 6, 2024. 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- 507442459.1 PROPOSITION NO. 1 LYNDEN SCHOOL DISTRICT NO. 504 GENERAL OBLIGATION BONDS - $157,500,000 The Board of Directors of Lynden School District No. 504 adopted Resolution No. 04-24 approving a proposition for bonds. This proposition authorizes the District to construct and equip a new Lynden High School, add permanent classrooms and remove portables at Isom and Vossbeck Elementary Schools, create permanent early learning space, and make District -wide safety and infrastructure improvements, to issue $157,500,000 of general obligation bonds maturing within a maximum of 21 years, and to collect excess property taxes annually to repay the bonds, as provided in Resolution#04-24. 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. Notices relating to Ballot Title. For purposes of receiving notice of the exact language of the ballot title required by RCW 29A.36.080, the Board hereby designates the (a) the Director of Finance & Operations, Ben Thomas, telephone: 360-354-4443, ext. 3406; email: ThomasB@lynden.wednet.edu, and (b) bond counsel, K&L Gates LLP (Cynthia Weed), telephone: 206.370.7801 and cell: 206.618.6050; email: cynthia.weed@klgates.com, as the individuals to whom the Whatcom County Auditor shall provide such notice. The Secretary of the Board is authorized to approve changes to the ballot title, if any, deemed necessary by the Whatcom County Auditor or the Office of the Whatcom County Prosecuting Attorney. Section 7. Voters' Pamphlet. Pursuant to RCW 29A.32, the Board of Directors hereby confirms the District's participation in the local voters' pamphlet for the August 6, 2024 election, which shall be prepared and published by the Whatcom County Auditor, including, but not limited to, an explanatory statement reviewed and approved by the District's attorney, and, if M 507442459.1 available, a Statement For and a Statement Against. The District understands and agrees that it will be required to pay its proportionate share of the expenses of the voters' pamphlet. Section 8. 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 held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law. Section 9. 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 special meeting held this 4th day of April, 2024. ATTEST: Secretary o the Boar irectors -7- 507442459.1 Election Date: August 6, 2024 Name of Jurisdiction Submitting Measure: Lynden School District No. 504, Whatcom County, Washington Contact Name: Cynthia Weed Daytime Contact Phone Number: Word Count — 88 206-370-7801 (ofc); 206-618-6050 (cell) EXPLANATORY STATEMENT - PROPOSITION NO. 1 The Board of Directors of Lynden School District No. 504 adopted Resolution No. 04-24 approving a proposition for bonds. This authorizes the District to construct and equip a new Lynden High School, add permanent classrooms and remove portables at Isom and Vossbeck Elementary Schools, create permanent early learning space, and make District -wide safety and infrastructure improvements, to issue $157,500,000 of general obligation bonds maturing within a maximum of 21 years, and to collect excess property taxes annually to repay the bonds, as provided in the Resolution. 607442742.1