HomeMy WebLinkAbout2024 - Lynden School District No. 504 General Obligation Bond $157,500,000 Special Election February 13, 2024Whatcom County
Auditor's Office
Whatcom County Courthouse
311 Grand Avenue, Suite 103
Bellingham, WA 98225-4038
March 15, 2024
Election Results Receipt
Stacy Henthorn
County Auditor
Amy Grasher
Chief Deputy Auditor
Copies of the following proposition election results from the February 13, 2024 Special Election, have
been delivered to the Assessor's and Treasurer's Office:
■ Bellingham School District 501: Proposition 2024-12 Replacement Educational
Support and Operations Levy and Proposition 2024-13 Replacement Technology
Capital Projects Levy
■ Ferndale School District 502: Proposition 2024-11, School Programs and Operations
Replacement Levy
■ Blaine School District 503: Proposition 2024-07, Replacement Educational
Programs and Operations Levy and Proposition 2024-08, General Obligations
Bonds - $70,000,000
■ Lynden School District 504: Proposition 2024-01 Renewal of Educational Programs
and Operations Levy and Proposition 2024-02 General Obligations Bond -
$157,500,000
Meridian School District 505: Proposition 2024-09, Educational Programs and
Operations Replacement Levy and Proposition 2024-1o, Replacement
Technology Capital Projects Levy
■ Nooksack Valley School District 5o6: Proposition 2024-04, Replacement
Educational Programs and Operations Levy
• Mt Baker School District 507: Proposition 2024-05, Educational Programs and
Operations Replacement Levy and Proposition 2024-o6, Renewal Capital
Projects Levy
■ Concrete School District No.11: Proposition No.1, Replacement of Expiring Levy for
Educational Programs and Operations and Proposition No. z, Capital Levy for Safety,
Security and Accessibility Improvements
■ Fire Protection District 8: Proposition 2024-14, Tax Levy for Maintenance, Facilities
and Operations
Blaine -Birch Bay Park & Recreation District 2: Proposition 2024-03, Authorizing
Continuing Property Tax Levy
Receipt Acknowledged:
Assessor's Office:
Reh cca czar Date
Treasurer's Office:
Steven Oliver Da e
Page 2
Statement of Votes Cast by Geography Page: 1 of 1
Whatcom County, Washington, February Special, Feb 13, 2024 2024-02-23
All Precincts, All Districts, All Counter Groups, All Scan Stations, LSD 504 Prop 2024-01 Renewal Edu 09:27:46
Prog and Ope Levy, LSD 504 Prop 2024-02 Gen Obligations Bond $157,500,000, All Boxes
Total Ballots Cast: 7219, Registered Voters: 159750, Overall Turnout: 4.52%
Choice Votes Vote %
All Precincts
LSD 504 Prop 2024-01 Renewal Edu Prog and Ope Levy (Vote for 1)
7219 ballots (1 over voted ballots, 1 overvotes, 123 undervotes), 15519 registered voters, turnout 46.52%
Yes 4061 57.24%
No 3034 42.76%
Total 7095 100.00%
Overvotes 1
Undervotes 123
LSD 504 Prop 2024-02 Gen Obligations Bond $157,500,000 (Vote for 1)
7219 ballots (0 over voted ballots, 0 overvotes, 39 undervotes), 15519 registered voters, turnout 46.52%
Approved 3662 51.00%
Rejected 3518 49.00%
Total 7180 100.00%
Overvotes 0
Undervotes 39
STATE OF WASHINGTON )
) ss
COUNTY CIF WHATCOM )
This is to certify that on February 13, 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 February, 23, 2024,
and the results of said canvass are as reads above.
Dated this 29" day of February, 2024, Bellingham, Whatcom County, Washington.
Stacy Henthorn
County Auditor
Final Language
Ballot Title
Lynden School District 504
Proposition 2024-02
General Obligations Bond - $157,500,000
The Board of Directors of Lynden School District 504 adopted Resolution No. 10-23 approving a
proposition for bonds. This proposition authorizes the District to construct and equip a new Lynden
High School, add classrooms and shared spaces, and upgrade heating and ventilation systems at
Isom and Vossbeck Schools add HVAC on upper floors of Fisher School and Lynden Middle School,
to issue $157,500,000 of general obligation bonds maturing within a maximum of 22 years, and to
collect excess property taxes annually to repay the bonds, as provided in Resolution #10-23.
Should this proposition be:
Approved
Rejected
Explanatory Statement
The Board of Directors of Lynden School District 504 adopted Resolution No. 10-23 approving a
proposition for bonds. This authorizes the District to construct and equip a new Lynden High School,
add permanent classrooms and upgrade heating and ventilation systems at Isom and Vossbeck
Elementary Schools and install HVAC systems on the upper floors of Fisher Elementary School and
Lynden Middle School, and make other capital infrastructure improvements, to issue $157,500,000
of general obligation bonds maturing within a maximum of 22 years, and to collect excess property
taxes annually to repay the bonds, as provided in the Resolution.
e12% Whatcom County Auditor's Office
Fd - Ballot Measure Coversheet
IJD:(1i.��d�dc�Initojd�aY►�fni[
District Name: Lynden School District No. 504
District Address: 516 Main St., Lynden, WA 98264
Contact Person i
Ben Thomas, Director of Finance
Name & Title
360-354-4443 ext. 3406; thomasb@lynden.wednet.edu
Phone & email
Contact Person z
David Vandeffacht, Superintendent
Name & Title
360-354-4443 ext. 3414; vanderyachtd@lynden.wednet.edu
Phone & email
Attorney Information
I.
Cynthia Weed, Partner, K & L Gates
Name & Title Has your attorney prepared this ballot measure?
206-618-6050; cynthia.weed@klgates.com O Yes ® No
Phone & email
Resolution oes No
with original signatures or a certified copy
Explanatory Statement { Yes No
prepared by your attorney, not to exceed ioo words �
"For" and "Against" Committee Appointment Forms Yes No
Completed Ballot Measure Coversheet \Yes ) No
Complete if anything is missing...
--
I understand that the deadline to submit the missing
information is
The Auditor's Office will not begin processing this ballot
measure un ' I requi documents have been submitted.
Presenter's 5ignat e
Receiv&d In Verson
NOV .16 2023
Whatwmp& Elections
Deputy Auditor's Signature
This form is available in a fillable form on the Auditor's website: https./Iwww.what_c_omcountxus/35-931D!strict Resources;
LYNDEN SCHOOL DISTRICT NO. 504
WHATCOM COUNTY, WASHINGTON
GENERAL OBLIGATION BONDS
RESOLUTION NO. 10-23
ppr * in Qprgnn
z,
Whatcom County Elections
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 13, 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 fiends to construct and
equip a new Lynden High School, add permanent classrooms and
upgrade heating and ventilation systems at Isom and Vossbeck
Elementary Schools and install HVAC systems at Fisher Elementary
School and Lynden Middle School, 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 SEPTEMBER 28, 2023
K&L GATES LLP
Seattle, Washington
507006772.1
LYNDEN SCHOOL DISTRICT NO. 504
RESOLUTION NO. 10-23
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.
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.
507006772.1
RESOLUTION NO. 10-23
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 13, 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
upgrade heating and ventilation systems at Isom and Vossbeck
Elementary Schools and install HVAC systems on the upper floors
of Fisher Elementary School and Lynden Middle School, 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
507006772.1
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 -build environments;
• Add permanent additional classrooms and shared spaces at Isom Elementary School
and Vossbeck Elementary School to support enrollment growth;
• Upgrade heating and ventilation systems to mitigate the impact of potential future
failures at Isom Elementary School and Vossbeck Elementary School; and
• Install HVAC systems on the upper floors at Fisher Elementary School and Lynden
Middle School.
-2-
507006772.1
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
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.
-3-
507006772.1
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
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-two (22) years from date of issue, but may mature at an earlier date or
M
507006772.1
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 February 13, 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-
507006772.1
PROPOSITION NO. 2
LYNDEN SCHOOL DISTRICT NO. 504
GENERAL OBLIGATION BONDS - $157,500,000
The Board of Directors of Lynden School District No. 504 adopted
Resolution No. 10-23 approving a proposition for bonds. This
proposition authorizes the District to construct and equip a new
Lynden High School, add classrooms and shared spaces, upgrade
heating and ventilation systems at Isom and Vossbeck Schools and
add HVAC on upper floors of Fisher School and Lynden Middle
School, to issue $157,500,000 of general obligation bonds maturing
within a maximum of 22 years, and to collect excess property taxes
annually to repay the bonds, as provided in Resolution #10-23.
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 relatiniz 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 February 13, 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
IN
507006772.1
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 regular meeting held this 28th day of September, 2023.
ATTEST:
Secretary of the d of Directors
-7-
LYNDEN SCHOOL DISTRICT NO. 504,
WHATCOM COUNTY, WASHINGTON
,' Board President
I /fi /%/. !/_ M.4 &V APMC
507006772.1
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:
l . That the attached resolution is a true and correct copy of Resolution No. 10-23 of
the Board (herein called the "Resolution"), duly adopted at a regular meeting thereof held on the
28th day of September, 2023.
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 28th day of September, 2023.
Secretary of the Boar Directors
507006772.1
OFFICIAL BALLOT
LYNDEN SCHOOL DISTRICT NO. 504
WHATCOM COUNTY, WASHINGTON
February 13, 2024
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 - $157,500,000
The Board of Directors of Lynden School District No. 504 adopted
Resolution No. 10-23 approving a proposition for bonds. This
proposition authorizes the District to construct and equip a new
Lynden High School, add classrooms and shared spaces and upgrade
heating and ventilation systems at Isom and Vossbeck Schools, add
HVAC on upper floors of Fisher School and Lynden Middle School,
to issue $157,500,000 of general obligation bonds maturing within
a maximum of 22 years, and to collect excess property taxes
annually to repay the bonds, as provided in Resolution #10-23
Should this proposition be:
APPROVED........................................................................................... ❑
REJECTED............................................................................................ ❑
507006772.1
NOTICE OF SPECIAL ELECTION
LYNDEN SCHOOL DISTRICT NO. 504
WHATCOM COUNTY, WASHINGTON
February 13, 2024
NOTICE IS HEREBY GIVEN that on Tuesday, February 13, 2024, 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. 2
LYNDEN SCHOOL DISTRICT NO. 504
GENERAL OBLIGATION BONDS - $157,500,000
The Board of Directors of Lynden School District No. 504 adopted
Resolution No. 10-23 approving a proposition for bonds. This
proposition authorizes the District to construct and equip a new
Lynden High School, add classrooms and shared spacesand upgrade
heating and ventilation systems at Isom and Vossbeck Schools, add
HVAC on upper floors 'of Fisher School and Lynden Middle School,
to issue $157,500,000 of general obligation bonds maturing within
a maximum of 22 years, and to collect excess property taxes
annually to repay the bonds, as provided in Resolution #10-23.
Should this proposition be:
APPROVED .....................................
REJECTED......................................
.......................................... ❑
................................................... ❑
Whatcom County Auditor
507006772.1
Election Date: February 13, 2024
Name of Jurisdiction Submitting Measure: Lynden School District No. 504, Whatcom County,
Washington
Contact Name: Cynthia Weed
Daytime Contact Phone Number:
Word Count —100
206-370-7801 (ofc); 206-618-6050 (cell)
EXPLANATORY STATEMENT - PROPOSITION NO.2
The Board of Directors of Lynden School District No. 504 adopted Resolution No. 10-23
approving a proposition for bonds. This authorizes the District to to construct and equip a new
Lynden High School, add permanent classrooms and upgrade heating and ventilation systems at
Isom and Vossbeck Elementary Schools and install HVAC systems on the upper floors of Fisher
Elementary School and Lynden Middle School, and make other capital infrastructure
improvements, to issue $157,500,000 of general obligation bonds maturing within a maximum of
22 years, and to collect excess property taxes annually to repay the bonds, as provided in the
Resolution.
506199779.1