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HomeMy WebLinkAbout2001 - Meridian School District No. 505 General Obligation Bond PASSED Special Election March 13, 2001V4.\��0,+ Y� �fgkrtS N�Y,nber PtrSOnS 110AA e C� on -31 31 loo %c)% '�e s TITLE: 5 4 E 79i ROUTER G- o fond; ..................................... ----------------------------- ::: =:................ ....................................................................... =` -------------- JAN 2 6 2001 RECEIVED TO PROSECUTOR'S W.C.0 i ors JAN 2 6 2001 OFFICE FROM PROSECUTOR'S JAN a 9 2H1 OFFICE ELECTION SUPERVISOR FEB - 2 2001 BALLOT LAYOUT L PROOF LAYOUT PUBLISHED NOTICE OF CLOSING ICERTIFICATION �e� I PUBLISHED NOTICE OF ELECTION ECRETAR SY / TREASURER'S OFFICE ASSESSOR'S OFFICE #1 IMPORTANT INFORMATION Your absentee return envelope MUST have your signature on it. An absentee ballot returned in an envelope without your signature WILL NOT BE COUNTED. Your signature should look similar to the one on your voters registration form. If you think your signature has changed, contact the Whatcom County Auditor's Office at (360) 676-6742 or (360) 676-6745. TOP FOUR REASONS FOR DISQUALIFICATION: • No signature • Late postmark. Ballots must be postmarked no later than election day. • Signature does not match. Two ballots in one absentee return envelope. You are eligible to vote in this election if: • You are a citizen of the United States • At least 18 years old • Resident of Whatcom County for 30 days prior to the election • Not presently being denied your civil rights as a result of being convicted of a felony If you are not sure about your eligibility, contact the Whatcom County Auditors Office at (360) 676-6742 or (360) 676-6745. Absentee Voter Guide SPECIAL ELECTION March 13, 2001 COUNTY OF WHATCOM State of Washington VOTER INSTRUCTIONS Read All Instructions Carefully Before Voting. Failure to follow these instructions may invalidate your ballot. The ballot which you have received is actually a data processing card prepared for recording your vote. Do not mark, fold or punch the ballot punchcard except as outlined in the instructions. Your Absentee Ballot Packet consists of: • This Ballot guide listing the ballot measures and/or candidates. • A pre -scored Ballot Punchcard. • A Ballot security envelope for the Ballot Punchcard. • A pre -addressed Return Envelope to return your voted Ballot Punchcard, which should first be enclosed in the Ballot security envelope. Now that you have received your Absentee ballot, please use it instead of going to your poll site on election day. OPEN AND COMPLETELY UNFOLD THIS BALLOT GUIDE HOW TO VOTE Ballot Punchcard Punch chip completely out of Ballot Punchcard with a paper dip or similar device. 1. Remember to SIGN YOUR NAME on the outside of the MAILING envelope on the line under the Voter Affidavit. Your signature is compared to your signature on file with the County. 2.In the Ballot Guide, to the right of each measure or candidate, is a number which is assigned to a position on your Ballot Card. 3. Use a paper clip, tooth pick or sharp pencil to punch out the pre -scored square located just above the number assigned to the candidate or measure. 4. Write in candidates may be voted for by using the space provided on the flap attached to your ballot card. You must list both the Name and Office of the write-in candidate and the Political Party in Partisan races. Do not punch out a position number for any other candidate for that office. 5.After you have finished voting, place your Ballot Card in the Ballot Security Envelope. 6. Place the Ballot Security Envelope containing your voted ballot punchcard INSIDE THE PRE - ADDRESSED MAILING ENVELOPE. 7. Put a first-class stamp on the envelope and mail it so it is postmarked no later than the day of the election. The ballot will be counted if it is postmarked not later than election day and if it is received by the county auditor not later than the tenth day following any special election or primary, or the fifteenth day following a general election. 8. If you spoil your ballot or wish to change your vote, use the BALLOT GUIDE and with a pen make your selections. Return it in the Ballot Security Envelope instead of the ballot card. 9. It you have any questions about these instructions please call the Auditor's Office at: 360/676-6742 or 360/676-6745, FORMAT # 1 ABG-Whatcom BEGIN VOTING ON PAGE #1 Special Election Page 1 March 13, 2001 Whatcom County, Washington MERIDIAN SCHOOL DISTRICT NO. 505 Special Election — Proposition No.1 Submitted by Meridian School District No. 505 GENERAL OBLIGATION BONDS — $2,900,000 The Board of Directors of Meridian School District No. 505 has adopted Resolution No. 1-01 concerning this proposition to issue Meridian School District bonds. This proposition authorizes the District to acquire and equip additional classrooms, complete major maintenance and capital improvements to District facilities including roof replacement at Meridian Middle School, and construct and equip a new Middle School Gymnasium, to issue $2,900,000 of general obligation bonds Approved? - 8 maturing within a maximum of 10 years to finance such improvements, and to levy excess property tax levies annually to repay such Rejected? - 10 4 bonds, all as provided in Resolution 41-01. Should this proposition be TURN OVER TO CONTINUE I WHATCOM COUNTY AUDITOR'S OFFICE OFFICIAL CANVASS OF THE SPECIAL ELECTION HELD TUESDAY, MAR. 13, 2001 IN THE MERIDAN SCHOOL DISTRICT NO. 505, WHATCOM COUNTY, WASHINGTON FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE DISTRICT THE FOLLOWING PROPOSITION; GENERAL OBLIGATION BONDS IN THE AMOUNT OF $2,900,000 TO ACQUIRE AND EQUIP ADDITIONAL CLASSROOMS, COMPLETE MAJOR MAINTENANCE AND OTHER CAPITAL IMPROVEMENTS. OATH OF AUDITOR STATE OF WASHINGTON ) ss. COUNTY OF WHATCOM ) I do solemnly swear that the returns purporting to be the election returns of Meridian School District No. 505, Whatcom County, Washington held on the 13th day of March 2001 have in no wise 0e c tQrr{ 1�4 additions or erasures, and that they are the same as when they were deposited in my r t�l=•i ' /_E. it6} i o ;• ot �0 � Whatcom Coun Auditor Sri ed and sworn to before me this 23rd day of March 2001. M M A r� Caun y tegislative Authority TA t A CERTIFICATION OF CANVASSING BOARD A ©F �A�HINGTON ) ss. COUNTY OF WHATCOM ) THIS IS TO CERTIFY THAT WE, as the Whatcom County Canvassing Committee have completed our canvass of votes as it pertains to the Special Election held within various precincts within the boundaries of Meridian School District No. 505, Whatcom County, Washington on the 13th day of March 2001 and the results were as follows: Meridian - 1 Special Election Page 1 March 13, 2001 Whatcom County. Washington MERIDIAN SCHOOL DISTRICT NO. 505 Special Election — Proposition No.1 Submitted by Meridian School District No. 505 GENERAL OBLIGATION BONDS — $2,900,000 The Board of Directors of Meridian School District No. 505 has adopted Resolution No. 1-01 concerning this proposition to issue Meridian School District bonds. This proposition authorizes the District to acquire and equip additional classrooms, complete major maintenance and capital improvements to District facilities including roof replacement at Meridian Middle School, and construct and equip a new Middle School Gymnasium, to issue $2,900,000 of general obligation bonds 1�131;1111`0 ved? - 8 4 maturing within a maximum of 10 years to finance such improvements, and to levy excess property tax levies annually to repay such Rejected? - 10 4 bonds, all as provided in Resolution #1-01. 1 Should this proposition osition be "r Validation Figures Number Persons Voting Last General Election 3,316 40% Turnout 1,327 60% YES Vote 797 BONDS, APPROVED 996 66.057o BONDS, REJECTED 512 33.95% BONDS PASSED: 66.05% The canvass having been completed this 23rd day of March 2001. CAMy Documents\CANVASS\SD505.ele WHATCOM COUNTY CANVASSING BOARD County Auditor CoAnty Legislate County 5eputy Prosecuting Attorney Meridian - 2 BUDGET AND SCHOOL BUSINESS SERVICES ELECTION DATE Old CiapIN Budding. PO BOX 47200 OLYMPIA WA 98504-7200 March 13 2001 Q .q OF Pu (360) 753-1718 TDD (360) 664.363t COUNTY AUDITOR g'I�1 Igo, SCHOOL. DISTRICT FINANCING ELECTIONS � SlffN REPORTING FORM COUNTY NAME - SCHOOL DISTRICT NAME Whatcom Meridian SD #505 A. For excess levies: 3,316 Total votes cast at last November General Election S. For bond issues voted upon during the year immediately following a State General Election (odd or even number year): 3,316 Total votes cast at last qualifying State General Election Proposition T e of Number Number Votes Number Election ' Votes For I Against I Passed I Failed Type of Election Codes 1 BO 99 BO Bond u M & O Maintenance and Operation CP Capital Project TVF Transportation Vehicle Fund 5 The above vote count includes votes cast in our joint county(ies). Yes _J No �(j Name of county(ies): Joaao4°ss At'a a•,pp L ft I ballot(s). Dated this 23rdday of 9 • L, !a ® use 'n,� �.t�� '•s '� Return completed report with ballot attached to: 9 FORM SPI M-466 (Rev. 2/97) March AUDIT6R SIGNATURE 192001 Michael L. Bigelow Budget and School Business Services Office of Superintendent of Public Instruction Old Capitol Building PO BOX 47200 OLYMPIA WA 98504-7200 HOW TO VOTE Ballot Punchcard Punch chip completely out of Ballot Punchcard with a paper clip or similar device. ; '31`=gym � �'Wtv 1.Remember to SIGN YOUR NAME on the outside of the MAILING envelope on the line under the Voter Affidavit. Your signature is compared to your signature on file with the County. 2.In the Ballot Guide, to the right of each measure or candidate, is a number which is assigned to a position on your Ballot Card. 3. Use a paper clip, tooth pick or sharp pencil to punch out the pre -scored sgUare located just above the number assigned to the candidate or measure. 4. Write in candidates may be voted for by using the space provided on the flap attached to your ballot card. You must list both the Name and Office of the write-in candidate and the Political Party in Partisan races. Do not punch out a position number for any other candidate for that office. 5.After you have finished voting, place your Ballot Card in the Ballot Security Envelope. 6. Place the Ballot Security Envelope containing your voted ballot punchcard INSIDE THE PRE - ADDRESSED MAILING ENVELOPE. 7.Put a first-class stamp on the envelope and mail it so it is postmarked no later than the day of the election. The ballot will be counted if it is postmarked not later than_ election day and if it is received by the county auditor not later than the tenth day following any special election or primary, or the fifteenth day following ;a general election. 8. If you spoil your ballot or wish to change your vote, use the BALLOT GUIDE and with a pen make your selections. Return it in the Ballot Security Envelope instead of the ballot card. 9.If you have any questions about these instructions, please call the Auditor's Office at: 360/676-6742 or 360/675-6745. FORMAT # 1 ABG-Whatcom BEGIN VOTING ON PAGE #1 Special Election Page 1 March tCounty, S MERIDIAN SCHOOL DISTRICT NO. Special Election — Proposition No.1 Submitted by Meridian School District No. 505 GENERAL OBLIGATION BONDS — $2,900,000 The Board of Directors of Meridian School District No. 505 has adopted Resolution No. 1-01 concerning this proposition to issue Meridian School District bonds. This proposition authorizes the District to acquire and equip additional classrooms, complete major maintenance and capital improvements to District facilities including roof replacement at Meridian Middle School, and construct and equip a new Middle School Gymnasium, to issue $2,900,000 of general obligation bonds Approved? - 8 4 maturing within a maximum of 10 years to finance such improvements, and to levy excess property tax levies annually to repay such Rejected? -10 4 bonds, all as provided in Resolution #1-01, Should this proposition be TURN OVER TO CONTINUE ELECTION NAME: Special Election Held March 13, 2001 SO 505 GO Bond TOTAL FOR ALL PICKUPS Meridian SO GO Bonds (#/PCr 9)11 Meridian SO Statistics (#/RPT 9)11 (No. To Vote For 1) (t/RP 100.00)11 11 Entered Registration Approved 996 66.0511 Poll Turnout (Rejected 512 33.9511 Absentee Turnout L Combined Total Turnout Accumulated Registration Accumulated Turnout SUMMARY REPORT DATE/TIME COUNTED: 03/23 13:32 RPT #26 ELECTION RPT 108.05 4474 �kc-to L 326 7.291 1188 26.551 1514 33.841 C ov,,Joi , eA 4474 1514 33.841 O ELECTION NAME: Special Election Held March 13, 2001 SD 505 GO Bond TOTAL FOR ALL PICKUPS Meridian SD GO Bonds (#/PCT 9)11 Meridian SD Statistics (#/RPT 0)11 (No. To Vote For 1) (t/RP 0.00)11 11 Entered Registration (Approved 739 62.5211 Poll Turnout Rejected 443 37.4811 Absentee Turnout 11 Combined Total Turnout Accumulated Registration Accumulated Turnout ABSENTEE SUMMARY REPORT DATE/TIME COUNTED: 03/23 13:31 RPT #25 ELECTION RPT 108.05 4474 0 0.001 1188 26.551 1188 26.551 4474 1188 26.551 I ELECTION NAME: Special Election Held March 13, 2001 SD 505 GO Bond TOTAL FOR ALL PICKUPS Meridian SD. -GO Bonds (#/PCT 9)11 Meridian SD Statistics (#/RPT 9)11 j (No. To Vote For 1) (t/RP 100.00)11 11 Entered Registration 4474 Approved 257 78.8311 Poll Turnout 326 7.291 Rejected 69 21.1711 Absentee Turnout 0 0.001 -- I Combined Total Turnout 326 7.291 Accumulated Registration 4474 I Accumulated Turnout 326 7.291 1 SUMMARY REPORT DATE/TIME COUNTED: 03/23 13:32 RPT #25 ELECTION RPT 108.05 Vo It ov l ABSTRACT ELECTION REPORT RPT DATE: 03/23/2001 C RPT #: 108.09 TOTAL FOR ALL PICKUPS PAGE #: 1 M AA C H ► 3., ,2601 SPEC IAA - ML1Z/D1,4x/ ,C/400L J1s7-R►C7 Special Election Held March 13, 2001 SD 505 GO Bond 1 1 1 i T I C I P I IM A I R I I I I I I I I I I I Logical Page # 01-01 ( u I u I e I Is p I 'e I I I I I I I I I I 1 I r I r I r I Ir p I ] I I I I I I I 1 I I i n I r I c I li r I e I I I I I I I I I I I ° I e I e I Id ° I c I I I I I I I I I I 1 I u I n I n I li v I t I I I I I I I I I I I 1 t I t I t I a e I e I I I I I I I I I I n d I d I I I I I I ( I I I 1 I T I R I V I I I I I I I I I I I I I I 1 h I e 1 ° 1 IS I I I I I I I I I I I I 11 1 g 1 t I ID I I I I I I I I I I I I 1 I s I n I IG I I ( 1 I I I I I I I 1 1 E I t I g 1 10 1 1 1 1 1 r I I I I I I I I I I I 1 1 I I 1 e I a I I IB I I 1 I I I 1 1 1 1 1 I 1 c I t I 1 10 1 1 I I I 1 1 I 1 1 1 1 I t I i 1 I In I I I I I I I I I I I I I i 1 1 1 Id I I I I I I I I I I I I I I ° I n l n I I I I Is I I i I I I I I I I I I I I I I I I I I I I I I I I Meridian School District 1 1 I I 1 I I I I 1 1 I 1 I I 1 ( I I I I I I I I I I I ( 1 1 I 1 I I I I 1 1 ( I I I 1 1 I I I 1 1 1 Bham 131 1 1 11 1 1561 I 0.61 1 1 1 11 I I I I I 1 I I I I I 1 1 1 1 1 1 1 1 1 1 1 Bham 131 Absentee 1 341 1 1 1 301 41 1 1 1 1 1 1 1 1 1 1 Fern Twp 1 1 571 9661 5.91 1 431 141 1 1 1 1 1 1 1 1 1 1 Fern Twp 1 Absentee 1 2531 1 1 1 1561 961 1 1 1 1 1 1 1 1 1 1 Fern Twp 7 1 561 6841 8.21 1 491 71 1 1 1 1 1 1 1 1 1 1 Fern Twp 7 Absentee 1 1351 1 1 1 891 451 1 1 1 1 1 1 1 1 1 I Ten Mile 2 1 541 5931 9.11 1 421 121 1 1 1 1 1 1 1 1 1 1 Ten Mile 2 Absentee 1 1611 1 1 1 831 771 1 1 1 1 1 1 1 1 1 I Ten Mile 5 1 441 6501 6.81 1 351 91 1 1 1 1 1 1 1 1 1 I Ten Mile 5 Absentee 1 2151 1 1 1 1391 761 1 1 1 1 1 1 1 1 1 I Mar 3 1 01 361 0.01 1 1 1 1 1 1 1 1 1 1 1 1 1 Mar 3 Absentee I 0I I I I I I I I I I I I I I I 1 Ten Mile 3 1 871 10891 8.01 1 671 201 1 1 1 1 1 1 1 1 1 1 Ten Mile 3 Absentee 1 2981 1 1 1 1851 1101 1 1 1 1 1 1 1 1 1 1 Van Wyck 2 1 201 881 22.71 1 141 61 1 1 1 1 1 1 1 1 1 1 Van Wyck 2 Absentee 1 401 1 1 1 271 131 1 1 1 1 1 1 1 1 1 1 Van Wyck 3 1 71 2121 3.31 1 61 11 1 1 1 1 1 1 1 1 1 ABSTRACT ELECTION REPORT RPT DATE: 03/23/2001 RPT #: 108.09 TOTAL FOR ALL PICKUPS PAGE #: 2 Special Election Held March 13, 2001 SD 505 GO Bond I I T I C I P I IMA I R I I I I I I I I I I I Logical Page # 01-01 I u I u I e I Ie P I e I I I I I I I I I I I I I r I r I r I IrP I J I I I I I I I I I I I I I n I r I c 1 li r I e I I I I I I I I I I I I I° I e I e 1 Id° I c I I I I I I I I I I I I I u I n I n I liv I t I I I I I I I I I I I I I t I t I t I Ide I e I I I I I I I I I I I I I I I I Ind I d I I I I I I I I I I I I I T I R I V I I I I I I I I I I I I I I I I h I e I I IS I I I I I I I I I I I I I I i I g I t I ID I I I I I I I I I I I I I I s I i I i I I I I I I I I I I I I I I I I I s I n I IG I I I I I I I I I I I I I I E I t I g 1 10 1 1 1 1 1 1 1 1 1 1 1 I I 11 1 r I I I I I I I I I I I I I I I I I e I a I I IB I I I I I I I I I I I I I I c I t I 1 10 1 1 1 1 1 1 1 1 1 1 1 I I I t I i I I In I I I I I I I I I I I I I I i I I I Id I I I I I I I I I I I I I I° I n l I Is I I I I I I I I I I I I I I n l I I I I I I I I I I I I I I I I I Meridian School District I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I Van Wyck 3 Absentee 1 i I 521 I 1 I 1 I 1 i I 301 i I I I I I I I I I I I 221 1 1 1 1 1 1 1 1 1 I I TOTALS: 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I l—I--i 15141 I I I I I I I I I I I I I I 44741 I I I I I I I I I I I I I I 33.81 I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I 9961 I I I I I I I I I I I I I I -i-1--i-1—iI—I--i—I—� 5121 1 1 1 1 1 1 1 1 1 I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I OFFICE OF TBE COUNTY AUDITOR OF WHAT'COM COUNTY, WAS11INGTON WHEREAS, the undersigned, as the duly elected, qualified and acting Auditor of Whatcom County, Washington, has jurisdiction of and is required by law to conduct all special elections for school districts within the County; and WHEREAS, Meridian School District No.505, Whatcom County, Washington, lies entirely within the boundaries of Whatcom County; and WHEREAS, the Board of Directors of said district by resolution adopted on January 17, 2001, a certified copy of which has been delivered to the undersigned, has found that an emergency exists requiring the holding of a special election on March 13, 2001; and WHEREAS, said district by said resolution has authorized and directed the undersigned to assume jurisdiction of and conduct said special election within Whatcom County; NOW, THEREFORE, it is hereby authorized and ordered as follows: The undersigned concurs in the finding of an emergency and does hereby assume jurisdiction Within Whatcom County of the above -mentioned special election of Meridian School District Noe 505, Whatcom County, Washington, authorized and ordered by resolution of its Board of Directors adopted January 17, 2001, and will conduct said special election to be held March 13, 2001. DATED at Bellingham, Washington, thic,:�D day of , 2001. Wfiatcorn County A for P:1CMW\CMW6ME 01/0122 WHATCOM COUNTY PROSECUTING ATTORNEY DAVID S. WEACHRAN CHIEF CRIMINAL DEPUTY County Courthouse, Suite 201 Mac D. Setter 311 Grand Avenue CRIMINAL DEPUTIES Bellingham, Washington 98225-4079 David M. Grant Phone (360) 676-6784 County (360) 398-1310 Craig D. Chambers FAX (360) 738-2532 Gregory T. Greenan Elizabeth Gallery -Fox David A. Graham Stephen J. Kozer Royce S. Buckingham Anthony S. Parise Eric J. Richey Laura D. Hayes MEMORANDUM To: Shirley Forslof County Auditor From: David Grant DW& Senior Civil Deputy Prosecuting Attorney CHIEF CIVIL DEPUTY Randall J. Watts CIVIL DEPUTIES Karen N. Frakes Daniel L. Gibson SUPPORTENFORCEMENT Angela A. Cueva Re: Meridian School District No. 505 Bond Proposition Ballot Title Date: January 26, 2001 I have reviewed the ballot title regarding the Meridian School District bond proposition and it looks fine with me. If you have any questions, please feel free to give me a call. RJW:tz -6Q lk^-4 0 M 01/26/01 TO: DAVE GRANT Deputy Prosecuting Attorney FROM: The Office of the Whatcom County Auditor SUBJ: BALLOT TITLE Please approve the ballot title for the 505 MERIDIAN School District Bond. Please return to the Election Department. Thank You ! Ethel 50044 RECEIVED JAN 2 6 2001 RESOLUTION NO. 1-01 W.C. Auditors A Resolution of the Board of Directors of Meridian School District No. 505, providing for the submission to the electors of the District at a special election to be held on March 13, 2001 of a proposition for the issuance of its general obligation bonds in the principal amount of $2,900,000 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, additional and improved school facilities are needed in Meridian School District No. 505, Whatcom County, Washington (the "District"), to provide the students of the District with adequate and safe educational facilities; and WHEREAS, to provide part of the funds to enable the District to acquire, construct, equip and make such additional and improved school facilities, it is deemed necessary and advisable that the District issue and sell its unlimited tax levy general obligation bonds in the principal amount of $2,900,000 (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 the Bonds may be issued and sold for such purposes and taxes levied to pay the Bonds must be submitted to the qualified electors of the District for their ratification or rejection; and WHEREAS, if the proposition is approved, the District is planning for the issuance and sale of the Bonds; and WHEREAS, the State Legislature in 1999, approved Senate Joint Resolution 8206, which has been codified as RCW ch. 39.98 (the "Credit Enhancement Act") for the purpose of establishing a credit enhancement program (the "Program") for voter -approved school district general obligation bonds; and WHEREAS, Section 39.98.040 of the Credit Enhancement Act authorizes the state treasurer to make a determination that a school district is eligible for participation in the Program if the state treasurer determines that the district is eligible under rules adopted by the state finance committee; and WHEREAS, if the proposition is approved and to the extent that the Program demonstrates substantial savings to the taxpayers of the District, the District wishes to participate in the Program; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF MERIDIAN SCHOOL DISTRICT NO.505, WHATCOM COUNTY, WASHINGTON, as follows: Section 1. Findings. This Board of Directors (the "Board") hereby finds that the best interests of the students and other inhabitants of the District require the District to carry out the plans hereinafter provided at the time or times and in the order deemed most necessary and advisable by the Board. Section 2. Capital Improvements. The District shall make the following capital improvements ("Improvements"): (1) Acquire, construct and equip a new gymnasium, replace the roof and paint the exterior and enlarge the food service freezer/cooler at Meridian Middle School; (2) Resurface the track at Meridian High School; and (3) Construct parking lot improvements at the elementary schools (Ten Mile Creek and Irene Reither); (4) Install a District -wide phone system (received by the District as a gift); (5) Undertake improvements at the District's transportation building; and -2- P:\CMW\CMW4ME 01/01/22 (6) Add portable classrooms and construct a covered play area at Ten Mile Creek Elementary School. In the event that the foregoing Improvements have been completed or otherwise provided for, the District may, at its option, utilize remaining Bond proceeds for any other capital purpose of the District as hereinafter provided. The cost of all necessary planning, architectural, engineering, and other consulting services, inspection and testing, management, administrative and relocation expenses, portable classrooms, site acquisition, on and off -site utilities, and all other costs incurred in connection with the Improvements shall be part of the costs of such Improvements. The Improvements shall be complete with all necessary furniture, equipment and appurtenances. The District shall determine the application of available money as between the various Improvements so as to accomplish, as nearly as may be, all Improvements. The District shall determine the exact extent and specifications for construction of structures or other improvements. If available funds are sufficient from the proceeds of the Bonds after making the Improvements and state or local circumstances require, the District may acquire, construct, equip and make other capital improvements to the facilities of the District, as the Board may determine, after holding a public hearing pursuant to RCW 28A.530.020. If the proceeds of sale of the Bonds, plus any other money of the District legally available, are insufficient to accomplish all of the Improvements, the District shall use the available funds for those Improvements deemed by the Board most necessary and in the best interest of the District. -3- P:\CMW\CMW4ME 01/01/22 If the Board shall determine that it has become impractical to acquire, construct or equip any portion of the Improvements by reason of changed conditions, or costs substantially in excess of the amount of Bond proceeds or tax levies estimated to be applied thereto, the Board shall not be required to acquire, construct or equip such portions. If all of the Improvements have been constructed or duly provided for, or found to be impractical, and if state or local circumstances require, the Board may apply Bond proceeds or any portion thereof to other capital improvements or to the redemption of the Bonds as the Board shall determine after holding a public hearing pursuant to RCW 28A.530.020. It is not anticipated that the District will receive any matching money from the State of Washington with respect to the Improvements. Any such money shall be applied to the Improvements or to such other purposes as the Board may determine after holding a public hearing pursuant to RCW 28A.530.020. Section 3. Authorization of Bonds. For the purpose of providing part of the funds to pay the costs of the Improvements, 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 $2,900,000 (the "Bonds"). The balance, if any, of the cost of such Improvements shall be paid out of any money legally available for such purposes and out of possible state or federal grants of money. Bond proceeds shall not be used for the replacement of equipment or for any other than a capital purpose. 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 and not exceeding the amount permitted by the Constitution and laws of the State of Washington. -4- P:\CMW\CMW4ME 01/01/22 Section 4. Details of Bonds. The Bonds shall be sold in such amounts and at such time or times as deemed necessary and advisable by the Board and as permitted by law. The Bonds shall bear interest at a rate or rates authorized by the Board, and shall mature in such amounts and at such times within a maximum term of 10 years from date of issue (but may mature at an earlier date or dates), and have other terms all as authorized by this Board and as provided by law. The exact date, form, terms and maturities of the Bonds shall be as hereafter fixed by resolution of the Board. The 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. After voter approval of the bond proposition and in anticipation of the issuance of the Bonds, the District may issue short-term obligations as authorized and provided by Chapter 39.50 RCW. Section 5. Election. It is hereby found and declared that an emergency exists requiring the District to submit to the qualified electors of the District the proposition of whether or not the District shall issue the Bonds at a special election to be held on March 13, 2001. The Whatcom County Auditor as ex officio supervisor of elections is hereby requested also to find the existence of such emergency and to call and conduct the special election to be held within the District. The Secretary of the Board is hereby directed, not less than 45 days prior to such election date, to certify the proposition to the County Auditor in substantially the following form: -5- P:\CMMCMMME 01/01/22 PROPOSITION NO. 1 MERIDIAN SCHOOL DISTRICT NO. 505 GENERAL OBLIGATION BONDS - $2,900,000 The Board of Directors of Meridian School District No. 505 has adopted Resolution No. 1-01 concerning this proposition to issue Meridian School District bonds. This proposition authorizes the District to acquire and equip additional classrooms, complete major maintenance and capital improvements to District facilities including roof replacement at Meridian Middle School, and construct and equip a new Middle School Gymnasium, to issue $2,900,000 of general obligation bonds maturing within a maximum of 10 years to finance such improvements, and to levy excess property tax levies annually to repay such bonds, all as provided in Resolution #1-01. Should this proposition be APPROVED ? REJECTED ? ❑ Section 6. Request for Eligibility for the Credit Enhancement Program. In preparation for the issuance and sale of the bonds after approval by the voters, the Board of Directors hereby requests that the State Treasurer issue a certificate of eligibility in favor of the District for participation by the District in the Program with respect to the bonds. The Superintendent is hereby authorized 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 held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law. -6- P:\CMW\CMW4ME 01/01/22 Section 8. Effective Date. This resolution shall become effective immediately upon its adoption. ADOPTED by the Board of Directors of Meridian School District No. 505, Whatcom County, Washington, at a regular meeting held on January 17, 2001. ATTEST: Secretary, Board of Directors MERIDIAN SCHOOL DISTRICT NO. 505 WHATCOM COUNTY, WASHINGTON A/� rho;,• —A Dlr��Ce tor- f Director -7- P:\CMW\CMW4ME 01/O1/12 CERTIFICATE I, the undersigned, Secretary of the Board of Directors of Meridian School District No. 505, 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. 1-01 of Board (herein called the "Resolution"), duly adopted at a regular meeting thereof held on the 171h day of January, 2001. 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 17t' day of January, 2001. Secretary, Board of Directors P:\CMW\CMW4ME 01/01/22 OFFICIAL BALLOT MERIDIAN SCHOOL DISTRICT NO. 505 WHATCOM COUNTY, WASHINGTON March 13, 2001 INSTRUCTIONS TO VOTERS: To vote in favor of the following proposition, place a cross (X) in the square opposite the word "YES"; to vote against the following proposition, place a cross (X) in the square opposite the word "NO." PROPOSITION NO. 1 MERIDIAN SCHOOL DISTRICT NO. 505 GENERAL OBLIGATION BONDS - $2,900,000 The Board of Directors of Meridian School District No. 505 has adopted Resolution No. 1-01 concerning this proposition to issue Meridian School District bonds. This proposition authorizes the District to acquire and equip additional classrooms, complete major maintenance and capital improvements to District facilities including roof replacement at Meridian Middle School, and construct and equip a new Middle School Gymnasium, to issue $2,900,000 of general obligation bonds maturing within a maximum of 10 years to finance such improvements, and to levy excess property tax levies annually to repay such bonds, all as provided in Resolution #1-01. Should this proposition be APPROVED ? 1-1 REJECTED ? 1-1 P:\CMW\CMW4ME 01/01/22 OFFICE OF THE COUNTY AUDITOR OF WHATCOM COUNTY, WASHINGTON WHEREAS, the undersigned, as the duly elected, qualified and acting Auditor of Whatcom County, Washington, has jurisdiction of and is required by law to conduct all special elections for school districts within the County; and WHEREAS, Meridian School District No. 505, Whatcom County, Washington, lies entirely within the boundaries of Whatcom County; and WHEREAS, the Board of Directors of said district by resolution adopted on January 17, 2001, a certified copy of which has been delivered to the undersigned, has found that an emergency exists requiring the holding of a special election on March 13, 2001; and WHEREAS, said district by said resolution has authorized and directed the undersigned to assume jurisdiction of and conduct said special election within Whatcom County; NOW, THEREFORE, it is hereby authorized and ordered as follows: The undersigned concurs in the finding of an emergency and does hereby assume jurisdiction within Whatcom County of the above -mentioned special election of Meridian School District No. 505, Whatcom County, Washington, authorized and ordered by resolution of its Board of Directors adopted January 17, 2001, and will conduct said special election to be held March 13, 2001. DATED at Bellingham, Washington, this ?0 day of 2001. atcom County Au tar P:\CMW\CMW4ME 01/01/22 NOTICE OF SPECIAL ELECTION MERIDIAN SCHOOL DISTRICT NO. 505 WHATCOM COUNTY, WASHINGTON March 13, 2001 NOTICE IS HEREBY GIVEN that on March 13, 2001, 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 MERIDIAN SCHOOL DISTRICT NO. 505 GENERAL OBLIGATION BONDS - $2,900,000 The Board of Directors of Meridian School District No. 505 has adopted Resolution No. 1-01 concerning this proposition to issue Meridian School District bonds. This proposition authorizes the District to acquire and equip additional classrooms, complete major maintenance and capital improvements to District facilities including roof replacement at Meridian Middle School, and construct and equip a new Middle School Gymnasium, to issue $2,900,000 of general obligation bonds maturing within a maximum of 10 years to finance such improvements, and to levy excess property tax levies annually to repay such bonds, all as provided in Resolution #1-01. Should this proposition be APPROVED ? 0 REJECTED ? Whatcom County Auditor P:ACMWVCMW4ME 01/01/22 NOTICE OF SPECIAL ELECTION MERIDIAN SCHOOL DISTRICT NO. 505 WHATCOM. COUNTY, WASHINGTON March 13, 2001 NOTICE IS HEREBY GIVEN that on Tuesday, March 13, 2001, 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 MERIDIAN SCHOOL DISTRICT NO. 505 GENERAL OBLIGATION BONDS - $2,900,000 The Board of Directors of Meridian School District No. 505 has adopted Resolution No. 1-01 concerning this proposition to issue Meridian School District bonds. This proposition authorizes the District to acquire and equip additional classrooms, complete major maintenance and capital improvements to District facilities including roof replacement at Meridian Middle School, and construct and equip a new Middle School Gymnasium, to issue $2,900,000 of general obligation bonds maturing within a maximum of 10 years to finance such improvements, and to levy excess property tax levies annually to repay such bonds, all as provided in Resolution #1-01. Should this proposition be APPROVED ? REJECTED ? The polling places for all precincts wholly or partially within the district shall be as follow:; PRECINCTS POLLING PLACES Bellingham 131 Birchwood Presbyterian, 400 Meadowbrook Court Ferndale Twp 1 and 7 Laurel Community Baptist Church, 162 W Laurel Road Marietta 3 Fourth Corner Community Church, 4071 Home Road Ten Mile 2 and 5 New Life Fellowship, 810 E Pole Road Ten Mile 3 Irene Reither Primary School, 954 E Hemmi Road Van Wyck 2 and 3 East Bakerview Fire Station, 1295 E Bakerview Road The polls for such special election shall be open from 7:00 AM to 8:00 PM. Shirley Forslof Whatcom County Auditor and Ex-officio Supervisor of Elections (Our office will publish this notice in the Bellingham Herald on March 7, 2001) SUPERINTENDENT OF PUBLIC INSTRUCTION DR. TERRY BERGESON OLD CAPITOL BUILDING • PO BOX 47200.OLYMPIA WA 98504-7200 • http://www.kl2.wa.us RECEIVED May 2, 2001 MAY e 4 1001 W.C. Auditors Mr. Joe Elenbaas 600 East Smith Road Bellingham, Washington 98226 Dear Mr. Elenbaas: Your letter regarding the Meridian School District's bond election held March 14, 2001 has been referred to me for a response. The general obligation bond was approved by the voters on March 14, 2001 and was validated by the Whatcom county auditor. For the election to be validated it was necessary that 40 percent of the total number of votes cast in the last November general election (3,316) or a minimum of 1,326 votes be cast. A super majority or 60 percent of those votes must be in favor of the bond. The actual numbers from the election were: 996 votes in favor, 512 votes against, which translates to a passing vote of 66.05 percent. The total of 1,508 votes cast equals 45.47 percent of the last general election. Therefore the bond passed and was validated. This is information I feel confident either the Secretary of State's election division or the Whatcom County Auditor's Office has provided you. The remaining issues in your letter should be address to the Meridian School District, the Meridian School District Levy Committee, the Whatcom County Auditor's office or Whatcom County Prosecuting Attorney. Sincerely, Michael L. Bigelow Associate Superintendent Budget and School Business Services MLB:lh cc: Dr. Burton Dickerson, Superintendent, Meridian School District Ms. Shirley Forslof, Whatcom County Auditor Mr. David S. McEachran, Whatcom County Prosecuting Attorney WHATCOM COUNTY PROSECUTING ATTORNEY DAVID S. McEACHRAN County Courthouse, Suite 201 311 Grand Avenue Bellingham, Washington 98225 Phone (360) 676-6784; Facsimile 738-2532 April 16, 2001 Mr. Joe Elenbaas 600 East Smith Road Bellingham, WA 98226 Mr. Elenbaas: I have received your letters expressing your personal concerns surrounding the Meridian School District's special bond election. We have researched the issues you raised. We do not agree with your conclusions and deem no further action is warranted at this time. Respectfully, David S. McEachran JO E F LETB!BAAS 600 ]EAST SMITH ROAD ]B]E]L.]LINGHAM, �/'TASHING'�'ON 98226 RECEIVED APR 1 1 2001 W.C. Auditors 10 April 2001 Whatcom County Auditor 311 Grand Bellingham, Washington 98225 Re: March 13th Meridian Bond Election To Whom It May Concern: This is to inform you, pursuant to the applicable statutes, that a claim may be filed against you (applicable Whatcom County departments) for damages suffered in, leading up to, and subsequent to the subject election. Said action will be commenced following the completion of all administrative appeals and/or appeals to the appropriate bodies for proper administration of the statutory procedures. With the emerging plethora of evidence relevant apparent procedural improprieties, it would be unconscionable for any public minded citizen to do any less. ly Elenbaas Joe Elenbaas boo East slnitll Road Bellingham, washmgton 98226 5 April 2001 Whatcom County Auditor Audit Division 311 Grand Ave. Bellingham, Washington 98225 Re: Meridian Bond Election of March 13, 2001 Enclosed please find a copy of my recent correspondence with McEachran. You likewise are aware of the 23 March letter supplied to the Canvass Board relative the perceived improprieties by the Elections department and the Meridian School district in the above referred to matter. It would seem mandated by both the relevant state and local statutes, that you review these areas of apparent deficiency in the manner that an internal audit should. Without said review and written analysis, there exists no track record or `unbiased" opinion for third parties in government or the public to ascertain the degree of regulatory compliance or the lack thereof. Bear in mind that audits can exonerate and give recommendations as well as prove wrongful actions. Most specifically, it seems attention would be due those several areas where officials acknowledge and/or it seems obvious on the face of their action that — the letter of the law is not being followed but the given excuse for non-compliance is "...it's the way we've always done it...", "...we've been told at seminars that we can do it this way..." (despite printed regulation to the contrary), or "...everybody does it this way..." (again contrary to the regs). Even a cursory examination should demonstrate whether there exists some written policy relative the subject letter's listing of improper activities. Please advise by return writing if there exists any written audit or formal review of the afliliated entities (which of course there should exist as the County Code anticipates a 3 — 5 year maximum review schedule) mentioned in subject letters and any other parties of record that need attention pursuant to the "red flags" this matter brings forth. I am desirous of viewing your progress and records in this matter. �� Joe Benham 'G 6w East swii toad Bellingham, Washington 98n6 30 March 2001 David McEachran Whatcom County Prosecutor 311 Grand Ave. Bellingham, Washington 98225 Re: Meridian Bond Election of March 13, 2001 Dear Dave, Please be advised that I approach you pursuant to RCW 36.27.020(2) which mandates in part that your office shall "...lie legal advisor to all county and precinct ollieers... in all matters relating to their official business As a precinct committeeman of the Ten Mile 3 precinct, a political subdivision contained in its entirety within the Meridian School District, your assistance is requested in the referenced matter. This letter is to describe generally the areas of suspected (predicated on visual, parole, and documentary evidence) violations of statutory procedures, which tend to require your involvement. A listing of said items would include, but not necessarily be limited to: 1. Several apparent violations by the District itself (a body I note you are also charged with aiding) relative: a. Failure to hold the election consistent with RCW 29.13.010/020 timing b. Failure to confine matters included for public funding to those required by RCW 28A.530.010 c. Improper invoking of the "Emergency" clause, thus qualifying for special elections dates provided for in RCW 29.13.020 d. Violations of limitations of RCW 29.040.100 and 42.17.130 as it relates to public funds being utilized in a newsletter in an advocacy manner. e. Apparent "fraud in the inducement" relative the stated "additional impact" of 22 cents per thousand dollars of"assessed valuation" as said figure couldn't mathematically attain even a quarter of taxpayer's actual eventual obligation. 2. Additionally, the Elections department seemed to violate both intent and letter of the regulations when they: a. Failed to "deem" that an emergency existed pursuant to RCW 29.13.020. b. Provided mailing labels to an "...official representing a public agency..." when on the face of said request form, it advised of the illegality of the very act the District was contemplating (i.e. — a mailing to the voters coincidental with the mailing of the absentee ballots). C. Practiced inadequate compliance with the intent of the "notice" statutes in that no official notice was printed until some 14 days after the absentees (representing almost half of the registered voters with the district) had the ability to cast their votes. It is in fact, a matter of record that by the date of the notice in the Bellingham Herald, some 850 +/- ballots (almost 60% of total election turnout) had already been logged in at election headquarters. 3. Further, in the matter of the Auditor's office - following their knowledge of these apparent violations, and considering their duties both under the Whatcom County Code and that as an "ex officio deputy supervisor" for the State (pursuant to RCW 36.22) it would seem that some official "audit" should be timely undertaken with a public record of the outcome. 4. The official Canvass Board (of which you or your designee are a member) failed to take any testimony or consider on the record, any of the matters brought before individual members in conversation prior to their final meeting, or those addressed in letter form (copy attached) submitted to the Secretary at said meeting. 5. And finally, have you undertaken your RCW 36.27.020(9) duties of presenting "...all violations of the election laws which may come to the attention of the prosecuting attorney's knowledge to the special consideration of the proper jury..."? As the above matters are all of relevancy to the protection/destruction of the grassroots system of government that a precinct officer is charged to uphold and nurture, I reiterate my request for your aid in this worthwhile matter. Respectfully submitted, Joe Elenbaas Joe Elenbaas 600 E. Smith Road Bellingham, WA 98226 (360) 398-1917 23 March 2001 County Elections Canvassing Board Bellingham, Washington 98225 Rea 2001 Meridian Bond issue Please consider this a request to hold final certification of the subject election pending your review of several apparent inconsistencies, including but not limited to; 1. Failure of the District to hold the election consistent with RCW 29.13.010. 2. Failure to meet the criteria of "... necessary or proper to carry out the functions of a school district..." per RCW 28A.530.010 in that published need for gymnasium was to meet community athletic needs, an activity to be accomplished via other bonding means. 3. Improper invoking of the "emergency clause" (i.e. — not meeting the tests of Rummens V. Evans, Tacoma v. Luverne, Brower v. Charles, or Brower v. State) thus not meeting the requirements of RCW 29.13.020 4. Failure of the Elections Department to "...deem that an emergency exists..." to authorize the special election dates pursuant to RCW 29.13.020. 5. As voting outcome indicate some of the precincts involved were "vote by mail" as no votes were cast at the polls, and as the majority of the votes cast were by "continuous absentee", proper notice would seem to be mandated prior to the date that ballots were received by said voters as said date was their potential election day. 6. Fraud in the inducement on the part of information dispensed as to amount of obligation voters were committing to. 7. Violation of the limitation of RCW 29.040100 and RCW 42.17.130 as it relates to a public body using their newsletter relative election issues. There exist several other major and minor notice and procedural issues which taken as a whole completely put this elections result at risk. Please take time to research them and ascertain the appropriate course of action, not only as to the election results, but also as to punitive or censure measures that may be required by law. Respectfully submitted, Joe Elenbaas Preston I Gates I Ellis LLP RECEIVED MAR — 7 2001 W.C. Auditors cweed@preston gates. corn ( 2 0 6 ) 4 6 7 - 2 7 0 1 March 6, 2001 VIA E-MAIL AND US MAIL Dr. Burton Dickerson Superintendent Meridian School District No. 505 214 West Laurel Road Bellingham, WA 98226-9623 Re: Meridian School District - Proposed Bond Election Dear Mr. Dickerson: Our firm acts as bond counsel to the District, and in that capacity, we have prepared the election proceedings recently approved by the District's Board _of Directors. We have received a copy of the letter from Mr. Elenbaas, dated March 2, 2001, in which he raised several questions. Application of RCW ch.28A.535. Mr. Elenbaas' letter indicates his belief that the provisions of RCW ch. 28A.535 apply to the District's upcoming bond election because the District has "committed or expended" funds for the particular project(s) to be funded with the bond proceeds. RCW ch.28A.535, in general, authorizes a school district to conduct an election to validate and ratify indebtedness. This chapter is intended to provide a mechanism for a school district to validate and ratify a pre-existing indebtedness. See Nichols v. School District, 39 Wash. 137, 141 (1905) (construing Bal. Code, §§ 2398-2405, recodified as Rem. Comp. Stat. §4956 et seq., recodified as RCW 28A.535 et seq., recodified as § 28A.535.010 et seq.). In the Nichols case, the Washington Supreme Court has rejected a taxpayer's claim that a school district's failure to comply with statutory provisions concerning the validation of indebtedness constituted grounds for nullifying an election regarding a bond issue. The Court held that the provisions regarding the validation of indebtedness were not relevant to the election at issue because, "they constitute a special act... relating only to the validating and ratifying of illegal indebtedness ... whereas, this election was called, not to validate or ratify an illegal indebtedness, but to confer upon the board authority to issue bonds to raise funds with which to erect school buildings, including a high school." Id. at 141. A LAW FIRM I A LIMITED LIABILITY PARTNERSHIP INCLUDING OTHER LIMITED LIABILITY ENTITIES 701 FIFTH AVENUE, SUITE 5000 SEATTLE, WA 98104-7078 TEL: [2061 623-7580 FAX: [2061 623-7022 www.prestongates.com Anchorage Coeur d'Alene Hong Kong Los Angeles Orange County Palo Alto Portland San Francisco Seattle Spokane Washington, DC Dr. Burton Dickerson March 6, 2001 Page 2 Even if the District has, in fact, committed or spent money on a particular project, the District has not incurred any indebtedness in connection with these expenditures. Any indebtedness proposed by the bond issue is prospective. See also Op. Atty. Gen. 1923-24, p. 123 (opining that "the legislative intent [of the validation of indebtedness statues] was to authorize the validation of indebtedness only after expenditures have actually been made, and not to authorize the validation of executory contracts whereby indebtedness may ultimately be incurred"). In the Attorney General's opinion, cited above, the District had spent more than their budgeted resources for the year, leaving the District with an excess indebtedness. The Attorney General specifically found that while the indebtedness would have been void (because it was incurred without a vote), Washington statutes permitted the district to validate this type of indebtedness. In the current case, any expenditures that the District may have made are within the District's budget and have not resulted in a pre-existing indebtedness. Several sections provide further support for this view, i.e., the validation provisions apply only when a district has already incurred indebtedness. Section 28A.535.010 provides that a district "may validate and ratify the indebtedness of such school district, incurred for strictly school purposes...." (italics added). The use of the past -tense suggests that the indebtedness has already been incurred. Section 28A.535.020 states that if, at a special election specifically provided for by a school board resolution, three -fifths of the voters approve the validation and ratification of indebtedness, "then such indebtedness so validated and ratified and every part thereof existing at the time of the adoption of said resolution shall thereby become and is hereby declared to be validated and ratified and a binding obligation upon such school district." (italics added). Again, this language suggests that the statute relates to indebtedness that has already been incurred prior to the election. The wording of an earlier version of this statute is even clearer on this point, stating that indebtedness approved by the voters becomes a binding obligation: when the only grounds of the previous invalidity of such indebtedness so ratified and invalidated is that at the time of the attempted incurring thereof, the same together with all other then existing indebtedness of such school district exceeded one and one-half per centum of the taxable property in such school district, as provided in Article VIII, section 6 of the Constitution of the state of Washington, and that such indebtedness was so attempted to be incurred without the assent of three -fifths of the voters of such school district voting at an election held for that purpose, as required by said Constitution. Rem. Comp. Stat. §4957. This language suggests that the provisions related to the validation and ratification of indebtedness were intended to provide a means for validating previously issued debt that would otherwise be invalid, because it was incurred without district having sought voter approval required under the circumstances. Dr. Burton Dickerson March 6, 2001 Page 3 Finally, Washington statutes relating to non -school district bonds further bolster the notion that validation and ratification relates only to indebtedness that has previously been incurred, the validity of which might otherwise be in doubt. One statute pertaining to public indebtedness validates and ratifies "all bonds heretofore issued for the purpose of financing or aiding the financing of any work, undertaking, or project by any public body... notwithstanding any lack of power (other than constitutional) of such public body ... to authorize and issue such bonds...." RCW 39.90.020. Black's Law Dictionary states that "heretofore" "simply denotes time past, in distinction from time present or time future." For the foregoing reasons, we believe that the provisions of RCW 28A.535 et seq., setting forth requirements for the validation and ratification of indebtedness, pertain only to indebtedness that has been previously incurred and which would otherwise be invalid. These provisions do not apply to the current proposed bond election of the District. Finding of Emergency. Mr. Elenbaas' letter also states that there was no "evidence in minutes or any data" of the emergency. Section 5 of Resolution No. 1-01 of the Board of Directors Resolution No. 1-01 set forth the basis for the District's finding of an emergency in Section 5 of the Resolution includes the finding: "It is hereby found and declared that an emergency exists requiring the District to submit to the qualified electors of the District the proposition of whether or not the District shall issue the Bonds at a special election to be held on March 13, 2001." The basis for that finding is in the Resolution. The Board in the recital to the resolution stated: "additional and improved school facilities are needed . .. to provide the students of the District with adequate and safe educational facilities ...... The District set forth the types of capital improvements that are needed in Section 2. These improvements may, in the judgment of the Board, be financed only if the District incurs an indebtedness by issuing bonds. All bond elections are "special elections" and must be held on one of the dates specified in RCW 29.13.020. See Robb v. City of Tacoma, 175 Wash. 580, 28 P2d 327 (1934). A "special election" is one that arises from some exigency or special need outside the usual routine. The Board of District made its finding of an emergency and requested that the County Auditor concur and call a special election to be held on March 13. This is a discretionary act and the grant of authority to the Board and the County Auditor is broad. See Brower v. Charles, 82 Wn. App. 53, 914 P.2d 1202 (1996). "The language of the statute is very broad and grants the Manager complete discretion to determine whether a special election is warranted.... Once these steps [the request and finding] were taken, the act of calling a special election was entirely within his discretion. A writ cannot issue to prohibit a discretionary act. Id at 59. Accordingly, we believe that the Board and the County Auditor were acting within their discretion in finding an emergency and calling for a special election for the District. Dr. Burton Dickerson March 6, 2001 Page 4 Please do not hesitate to contact me if you have any further questions. Very truly yours, PRESTON GATES & ELLIS LLP r By Cynthia M. Weed CMW:cmw cc: Shirley Forslof David Grant KA21278\000051CMW\CMW L211L cwee d@prestong ate s.corn ( 2 0 6 ) 4 6 7 - 2 7 0 1 March 6, 2001 VIA E-MAIL AND US MAIL Dr. Burton Dickerson Superintendent Meridian School District No. 505 214 West Laurel Road Bellingham, WA 98226-9623 Re: Meridian School District - Proposed Bond Election Dear Mr. Dickerson: Our firm acts as bond counsel to the District, and in that capacity, we have prepared the election proceedings recently approved by the District's Board of Directors. We have received a copy of the letter from Mr. Elenbaas, dated March 2, 2001, in which he raised several questions. Application of RCW ch.28A.535. Mr. Elenbaas' letter indicates his belief that the provisions of RCW ch. 28A.535 apply to the District's upcoming bond election because the District has "committed or expended" funds for the particular project(s) to be funded with the bond proceeds. RCW ch.28A.535, in general, authorizes a school district to conduct an election to validate and ratify indebtedness. This chapter is intended to provide a mechanism for a school district to validate and ratify a pre-existing indebtedness. See Nichols v. School District, 39 Wash. 137, 141 (1905) (construing Bal. Code, §§ 2398-2405, recodified as Rem. Comp. Stat. §4956 et seq., recodified as RCW 28A.535 et seq., recodified as § 28A.535.010 et seq.). In the Nichols case, the Washington Supreme Court has rejected a taxpayer's claim that a school district's failure to comply with statutory provisions concerning the validation of indebtedness constituted grounds for nullifying an election regarding a bond issue. The Court held that the provisions regarding the validation of indebtedness were not relevant to the election at issue because, "they constitute a special act... relating only to the validating and ratifying of illegal indebtedness ... whereas, this election was called, not to validate or ratify an illegal indebtedness, but to confer upon the board authority to issue bonds to raise funds with which to erect school buildings, including a high school." Id. at 141. Dr. Burton Dickerson March 6, 2001 Page 2 Even if the District has, in fact, committed or spent money on a particular project, the District has not incurred any indebtedness in connection with these expenditures. Any indebtedness proposed by the bond issue is prospective. See also Op. Atty. Gen. 1923-24, p. 123 (opining that "the legislative intent [of the validation of indebtedness statues] was to authorize the validation of indebtedness only after expenditures have actually been made, and not to authorize the validation of executory contracts whereby indebtedness may ultimately be incurred"). In the Attorney General's opinion, cited above, the District had spent more than their budgeted resources for the year, leaving the District with an excess indebtedness. The Attorney General specifically found that while the indebtedness would have been void (because it was incurred without a vote), Washington statutes permitted the district to validate this type of indebtedness. In the current case, any expenditures that the District may have made are within the District's budget and have not resulted in a pre-existing indebtedness. Several sections provide further support for this view, i.e., the validation provisions apply only when a district has already incurred indebtedness. Section 28A.535.010 provides that a district "may validate and ratify the indebtedness of such school district, incurred for strictly school purposes...." (italics added). The use of the past -tense suggests that the indebtedness has already been incurred. Section 28A.535.020 states that if, at a special election specifically provided for by a school board resolution, three -fifths of the voters approve the validation and ratification of indebtedness, "then such indebtedness so validated and ratified and every part thereof existing at the time of the adoption of said resolution shall thereby become and is hereby declared to be validated and ratified and a binding obligation upon such school district." (italics added). Again, this language suggests that the statute relates to indebtedness that has already been incurred prior to the election. The wording of an earlier version of this statute is even clearer on this point, stating that indebtedness approved by the voters becomes a binding obligation: when the only grounds of the previous invalidity of such indebtedness so ratified and invalidated is that at the time of the attempted incurring thereof, the same together with all other then existing indebtedness of such school district exceeded one and one-half per centum of the taxable property in such school district, as provided in Article VIII, section 6 of the Constitution of the state of Washington, and that such indebtedness was so attempted to be incurred without the assent of three -fifths of the voters of such school district voting at an election held for that purpose, as required by said Constitution. Rem. Comp. Stat. §4957. This language suggests that the provisions related to the validation and ratification of indebtedness were intended to provide a means for validating previously issued debt that would otherwise be invalid, because it was incurred without district having sought voter approval required under the circumstances. Dr. Burton Dickerson March 6, 2001 Page 3 Finally, Washington statutes relating to non -school district bonds further bolster the notion that validation and ratification relates only to indebtedness that has previously been incurred, the validity of which might otherwise be in doubt. One statute pertaining to public indebtedness validates and ratifies "all bonds heretofore issued for the purpose of financing or aiding the financing of any work, undertaking, or project by any public body... notwithstanding any lack of power (other than constitutional) of such public body ... to authorize and issue such bonds...." RCW 39.90.020. Black's Law Dictionary states that "heretofore" "simply denotes time past, in distinction from time present or time future." For the foregoing reasons, we believe that the provisions of RCW 28A.535 et seq., setting forth requirements for the validation and ratification of indebtedness, pertain only to indebtedness that has been previously incurred and which would otherwise be invalid. These provisions do not apply to the current proposed bond election of the District. Finding of Emergency. Mr. Elenbaas' letter also states that there was no "evidence in minutes or any data" of the emergency. Section 5 of Resolution No. 1-01 of the Board of Directors Resolution No. 1 -0 1 set forth the basis for the District's finding of an emergency in Section 5 of the Resolution includes the finding: "It is hereby found and declared that an emergency exists requiring the District to submit to the qualified electors of the District the proposition of whether or not the District shall issue the Bonds at a special election to be held on March 13, 2001." The basis for that finding is in the Resolution. The Board in the recital to the resolution stated: "additional and improved school facilities are needed ... to provide the students of the District with adequate and safe educational facilities ...... The District set forth the types of capital improvements that are needed in Section 2. These improvements may, in the judgment of the Board, be financed only if the District incurs an indebtedness by issuing bonds. All bond elections are "special elections" and must be held on one of the dates specified in RCW 29.13.020. See Robb v. City of Tacoma, 175 Wash. 580, 28 P2d 327 (1934). A "special election" is one that arises from some exigency or special need outside the usual routine. The Board of District made its finding of an emergency and requested that the County Auditor concur and call a special election to be held on March 13. This is a discretionary act and the grant of authority to the Board and the County Auditor is broad. See Brower v. Charles, 82 Wn. App. 53, 914 P.2d 1202 (1996). "The language of the statute is very broad and grants the Manager complete discretion to determine whether a special election is warranted.... Once these steps [the request and finding] were taken, the act of calling a special election was entirely within his discretion. A writ cannot issue to prohibit a discretionary act. Id at 59. Accordingly, we believe that the Board and the County Auditor were acting within their discretion in finding an emergency and calling for a special election for the District. Please do not hesitate to contact me if you have any further questions. Dr. Burton Dickerson March 6, 2001 Page 4 Very truly yours, PRESTON GATES & ELLIS LLP By Cynthia M. Weed CMW:cmw cc: Shirley Forslof David Grant KA21278\00005\CM\MCMW L21IL 03-OEy2001 11:30AM FROM - T-332 P-002/002 F-867 Joe Elenbaas 600 E. Smith Koad Bellingham, WA.98226 (360) 398-1917 Burton Dickerson, School Board Meridian School District Re- Rond Issue of March 2001 2 March 2001 Whereas tht actions leading to the subject election do not appear to fallow the %tatutory requirements including but not limited to: I . l'hcrc tmists no evidence in minutes or any data suppliefl tho writer of the requisite "emergency" which is declared in Resolution No. 1-01, as contemplated by RCW 29.13.020 to qualify for a "special" election. 2. Some question exists as to whether portions of the funds requested would mure appropriately be handled under RCW 28A.535's Validating Indebtedness provisions in that funds have apparmtdy either beat committed or expgtded for work completed in part or in whole. If such is the case, then said expndrd Cunds should have a separaic resolution with notice requirements Prior to election that cannot be met in that the deadline for said posting was weeks ago. 3. Portions of the funds requested do not appear to meet the requisite ". __ necessary or proper to carry out the functions or a school district...", pursuant to RCW 28A.530. 4. Public funds have been expended in the prnmation of this matter. Further, it is arguably the redpamibility of the School District and the County Auditor to carry out the citizen's edict of Scetinn 1.11 of the Whatcom County Charter, which requires that ....consideration of and provisions for compensation to those undtily burdened" should he a part of any activity that may constitute such a burden. In that the District is purposely using for their benefit, a ploy that historically causes some 15 -- 200/a of the olectoratc to bind the r=tiining taxpayers to the minority's prcfcronces, and in as much as this writer's share is grossly disproportionate, said challatge is raised. Farther, the activities of the public officials herewith associated appear to violate the provisions of law as contemplated by RCW 42.20, most specifically that portion of .050 which declares the maker of false statements (as in the marrer of the "emergency") to be guilty of a gross misdemeanor. Therefore, it is my request that the District cancel said election by 3/6101, until n time and in the manner allowed for by lrw and further, provide redress to the writer for time and expenses incurred in the waging of this effort to uphold the Constitutional and statutory protection of all citizens. Resprctfully submitted. Joe Elenbaas 03-05a2001 11:3BAM FROM- T-332 P 001/002 F-66T Meridian School 214 West Laurel Road, Bellingham, Washington 98226 District FAX TO: Phone: Fax phone; 7ag-4$SZ CC: DatL' 3 Number of pages including cover sheet: FROM: /�Av—�D►A j)J-cI e-v5a Y-N_ Phone: 360/398-7111 Fax phone: 360/398-8966 REMARKS: [] urgent E-<or your review ❑ Reply ASAP ❑ Please comment 0LkVI 600-2 cDLi-.�s has S���s - W-e_ copy, J b vv\, ✓Kr- 5a-e �Ie �n l.4.Ls +ressay.l e rA. V- /YL.zV'C-4 i r� / ,se y yes fi D A