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HomeMy WebLinkAbout2010 - Meridian School District No. 505 General Obligation Bond PASSED Special Election February 09, 2010MERIDIAN SCHOOL Ro KI) '0;� /0 -i Ballot Measure Submitted Checklist == Attach to front of folder Ballot Measure Submitted: Date completed Initial 11-1 �p c( Submitted by: ] ', i Hof ? fYl Contact Phone #: '-3 le C) �, g —7Zi I Email Address: Check signed by Commissioners NIA Check Document Calling for Elections is Signed by The Auditor or Deputy Auditor School Measures Copy to Auditor and Elections Coordinator Routed to Pros Atty (county & districts only) Signed & Returned by Pros Atty (county & dist only) d N�� Copy to Office Coordinatior if Primary or General Reviewed by CDA and Auditor /I 3v s Copy sent to District Office after Ballot approval Publish Notice of Closing Registration (40 days prior to election)�y0 Ballot Layout repared Publish Official Notice of Election in Newspaper (6 days prior to election) After Election l Copy of Canvass Report sent to submitter of ballot issue Obtain Receipt from Treasurer & Assessor of results If school issue, send copy of canvass report to Supt of Public Instruction (form SPI M-466) .10 ekvvt , Is% hPolicies & Procedures\Elections\02 Pre-Election\02_Filing - Ballot Measures\FRM Ballot Measure CHECKLIST.doc Updated 06/15/09 — ■ - C3. .. Only; For delivery information visit our website at www.usps.com,-., 1-0 Postage 9 8 ,22 Certliled Fee / [ U!L C3 Return R"elpt Fee O (EndorsementFlequired) 0 � amwr p Restrfq;ed Delivery Fee Q (Endorsement Required) 1:3 Total Postage &Fees .... ...... iT:. r.Apf.xYo.; yr Pd Box No. 1 l!a r r f ?S Form 3800, June 2002 See Reverse for Instru M Complete Items 1, 2, and 3. Aiso comp fete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you, ■ Attach this card to the back of the or on the front if space permits. rrralfpiece, I. Article Addressed to: Ct)MAkI �AugL 000, WA cva& 2. Article Number (Transfer from service labe Form 3811, February 2004 A. Signature X ❑ Agent B. R�jlveryed b ❑ Addre Y ted Name) C, e f D eU D. Is different If YES, terr delivery addrem Ite ss below: m Item f 7 [I Yes ❑ No 3. ice fCrype ortMed Mail ❑ Express Mail sured ed ❑ Insured E3 Retum Recelpt for Merchandise ail ❑ C,p,D. 4. 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(Extra F,,,) 7006 0810 0000 8991 8007 Domestic Return Receipt ❑ Yes 102595-02-M-1 rW RECEIVED NOV 1 7 2009 SHIRLEY FORSLOF 'NHATCOM COUNTY AUDITOR MERIDIAN SCHOOL DISTRICT NO. 505 WHATCOM COUNTY, WASHINGTON GENERAL OBLIGATION BONDS RESOLUTION NO. 15-09 A RESOLUTION of the Board of Directors of Meridian School District No. 505, 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 9, 2010 of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $17,000,000, or so much there of as may be issued under the laws governing the indebtedness of school districts for the purpose of providing funds to construct, equip, modernize, remodel and make other capital improvements to the facilities of the district and authorizing the Superintendent to submit a request for eligibility for the Washington State School District Credit Enhancement Program. ADOPTED ON: NOVEMBER 16, 2009 PREPARED BY: K&L GATES LLP Seattle, Washington MERIDIAN SCHOOL DISTRICT NO. 505 RESOLUTION NO. 15-09 TABLE OF CONTENTS* Page Section1. Findings.......................................................................................................................2 Section 2. Capital Improvements.................................................................................................2 Section 3. Authorization of Bonds...............................................................................................4 Section4. Details of Bonds..........................................................................................................4 Section5. Election.......................................................................................................................5 Section 6. Request for Eligibility for the Credit Enhancement Program.....................................6 Section7. Severability.................................................................................................................6 Section8. Effective Date.............................................................................................................7 * This Table of Contents and the cover page are not a part of the following resolution and are included only for the convenience of the reader. -i- P:120287_CMW120287_806 11/12/2009 RESOLUTION NO. 15-09 A RESOLUTION of the Board of Directors of Meridian School District No. 505, 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 9, 2010 of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $17,000,000, or so much there of as may be issued under the laws governing the indebtedness of school districts for the purpose of providing funds to construct, equip, modernize, remodel and make other capital improvements to the facilities of the district and authorizing the Superintendent to submit a request for eligibility for the Washington State School District Credit Enhancement Program. WHEREAS, improvements to school facilities are needed in Meridian School District No. 505, Whatcom County, Washington (the "District"), in order to provide the students of the District with adequate, proper and safe educational facilities; and WHEREAS, in order to provide part of the funds to enable the District to modernize and make new construction improvements to Meridian High School 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 $17,000,000 (the "Bonds"); and WHEREAS, the Constitution and laws of the State of Washington (including RCW 28A.530.010 and RCW 84.52.056) provide that the question of whether or not such Bonds may be issued and sold for such purposes and taxes levied to pay such Bonds must be submitted to the qualified electors of the District for their ratification or rejection; and WHEREAS, RCW ch.39.98 (the "Credit Enhancement Act"), the State Legislature established a credit enhancement program (the "Program") for voter -approved school district general obligation bonds; and WHEREAS, Section 39.98.040 of the Credit Enhancement Act authorizes the state treasurer to make a determination that a school district is eligible for participation in the Program if the state treasurer determines that the district is eligible under rules adopted by the state finance committee; and WHEREAS, the District may elect to participate in the Program upon an administrative determination that it is cost-effective; WHEREAS, the Office of Superintendent of Public Instruction ("OSPI") is administering the allocation of the QSCB authority made to the State of Washington under ARRA; and WHEREAS, OSPI has published procedures with respect to the QSCB allocation and approval process in its Bulletin No. 048-09 (the "Bulletin"); and WHEREAS, the Board wishes to proceed with an application to OSPI for an approval. 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 and declares 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 replace Meridian High School, create an addition to replace portable buildings at Irene Reither Primary School and renovate a number of existing structures and energy systems (the "Improvements"). 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 -2- P120287 CM U0287 806 11112120C9 consulting services, inspection and testing, management, administrative and relocation expenses, portable classrooms, site acquisition, on and off -site utilities, related improvements and other costs incurred in connection with the making of the foregoing Improvements shall be deemed a part of the costs of such Improvements. Such Improvements shall be complete with all necessary furniture, equipment and appurtenances. If available funds are sufficient from the proceeds of Bonds authorized for the above purposes, and state or local circumstances require, the District shall use such funds to pay the principal of or interest on the bonds or acquire, construct, equip, modernize and make other capital improvements to the facilities of the District, all as the Board of Directors may determine, after holding a public hearing thereon pursuant to RCW 28A.530.020. The District shall determine the application of available moneys as between the various Improvements set forth above so as to accomplish, as nearly as may be, all of the Improvements described or provided for in this section. The District shall determine the exact extent and specifications for construction of structures or other improvements. If the Board shall determine that it has become impractical to accomplish any of such Improvements or portions thereof by reason of sate or local circumstances, including changed conditions, incompatible development or costs substantially in excess of those estimated, the District shall not be required to accomplish such Improvements and may apply the Bond proceeds or any portion thereof to other portions of the Improvements, to other capital improvements, or to payment of principal of or interest on the Bonds, as the Board may determine after holding a public hearing thereon pursuant to RCW 28A.530.020. In the event that the proceeds of sale of the Bonds, plus any other moneys of the District legally available, are insufficient to accomplish all of the Improvements provided by this section, the District shall use the available funds for paying the cost of those Improvements for which the -3- PA20287 CMVN20287 806 11112/2009 Bonds were approved deemed by the Board most necessary and in the best interest of the District. The District anticipates receiving funds from the State of Washington pursuant to Chapter 28A.525 RCW. Such funds may also be applied to pay the principal of or interest on the bonds provided for herein or to make other capital improvements to the facilities of the District as the Board may determine after holding a public hearing pursuant to RCW 28A.530.020. Section 3. Authorization of Bonds. For the purpose of providing part of the funds necessary to pay the cost of the Improvements described in Section 2 hereof and/or to reimburse the District for such costs, to the extent that District funds have been used for such purposes, together with incidental costs and costs related to the sale and issuance of the Bonds, the District shall issue and sell its unlimited tax levy general obligation bonds in the principal amount of not to exceed $17,000,000. The balance of the cost of such Improvements shall be paid out of any moneys which the District now has or may later have on hand which are legally available for such purposes, including impact fees, and out of possible state or federal grants of money. None of the Bond proceeds shall be used for the replacement of equipment or for any other than a capital purpose. Such Bonds shall be issued in an amount not exceeding the amount approved by the qualified electors of the District as required by the Constitution and laws of the State of Washington or exceeding the amount permitted by the Constitution and laws of the State of Washington. 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-one (21) years from date of issue, but may mature at an -4- PA20267 CMw120267 806 11/12/2009 earlier date or dates, all as authorized by this Board and as provided by law. Said Bonds shall be general obligations of the District and, unless paid from other sources, both principal thereof and interest thereon shall be payable out of annual tax levies to be made upon all the taxable property within the District without limitation as to rate or amount and in excess of any constitutional or statutory tax limitations. The exact date, form, terms and maturities of said Bonds shall be as hereafter fixed by resolution of the Board of Directors. After voter approval of the bond proposition and in anticipation of the issuance of such Bonds, the District may issue short-term obligations as authorized and provided by Chapter 39.50 RCW. The proceeds of such Bonds may be used to redeem and retire short term obligations or to reimburse the District for expenditures previously made for such Improvements. Section 5. Election. It is hereby found and declared that the best interests of the District requires the submission to the qualified electors of the District of the proposition of whether the District shall issue the Bonds at a special election to be held on February 9, 2010. The Whatcom County Auditor as ex officio supervisor of elections in Whatcom County, Washington is hereby requested to call and conduct the special election to be held by all mail -in ballot within the District and to submit to the qualified electors of the District the proposition set forth below. The Secretary of the Board is hereby authorized and directed to certify the proposition to said officials in the following form: -5- P:\20287 CMVN20287808 11/12/2009 PROPOSITION NO. 1 MERIDIAN SCHOOL DISTRICT NO. 505 GENERAL OBLIGATION BONDS - $17,000,000 The Board of Directors of Meridian School District No. 505 approved a proposition for bonds. This proposition authorizes the District to replace and make capital improvements to Meridian High School, renovate and provide an addition to Irene Reither Primary School and existing structures and energy systems; to issue $17,000,000 of general obligation bonds maturing within a maximum term of 21 years; and to levy additional property taxes annually to repay the bonds, as described in Resolution #15-09. Should this proposition be: APPROVED?................................................................................................... ❑ REJECTED?..................................................................................................... ❑ The Secretary of the Board of Directors is hereby authorized to deliver a certified copy of this resolution to the Whatcom County Auditor. Section 6. Request for Eligibility for the Credit Enhancement Program. In preparation for the issuance and sale of the Bonds after approval by the voters, the Board of Directors hereby requests that the State Treasurer issue a certificate of eligibility in favor of the District for participation by the District in the Program with respect to the Bonds. The Superintendent is hereby authorized (following voter approval) to submit such applications, resolutions and certifications as shall be required by the State Treasurer in reviewing the District's request for participation. Section 7. Severability. In the event that any provision of this resolution shall be held to be invalid, such invalidity shall not affect or invalidate any other provision of this resolution or the Bonds, but they shall be construed and enforced as if such invalid provision had not been 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- R 20287 CMM20287 806 1102/2009 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 November 16, 2009. ATTEST: Secretary, Board of Directors MERIDIAN SCHOOL DISTRICT NO. 505 WHATCOM COUNTY, WASHINGTON r n C� air and Di ector Direc€br -7- R\20287_CMM20287_806 11/1212009 OFFICIAL BALLOT MERIDIAN SCHOOL DISTRICT NO. 505 WHATCOM COUNTY, WASHINGTON February 9, 2010 INSTRUCTIONS TO VOTERS: To vote in favor of the following proposition, place a cross (X) in the square opposite the word "APPROVED", to vote against the following proposition, place a cross (X) in the square opposite the word "REJECTED." PROPOSITION NO. 1 MERIDIAN SCHOOL DISTRICT NO. 505 GENERAL OBLIGATION BONDS - $17,000,000 The Board of Directors of Meridian School District No. 505 approved a proposition for bonds. This proposition authorizes the District to replace and make capital improvements to Meridian High School, renovate and provide an addition to Irene Reither Primary School and existing structures and energy systems; to issue $17,000,000 of general obligation bonds maturing within a maximum term of 21 years; and to levy additional property taxes annually to repay the bonds, as described in Resolution #15-09. Should this proposition be: APPROVED?................................................................................................... ❑ REJECTED?..................................................................................................... ❑ P:\20287 CMVN20287 806 11/12/2009 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. 15-09 of Board (herein called the "Resolution"), duly adopted at a regular meeting thereof held on the 16th day of November, 2009. 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. 119 IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of November, Secretary, Board of Directors RQ0287 CM1M20287 806 11/12/2009 NOTICE OF SPECIAL ELECTION MERIDIAN SCHOOL DISTRICT NO. 505 WHATCOM COUNTY, WASHINGTON February 9, 2010 NOTICE IS HEREBY GIVEN that on February 9, 2010, a special election will be held by all mail -in ballot in the above -named school district for the submission to the qualified electors of said school district of the following proposition: PROPOSITION NO. 1 MERIDIAN SCHOOL DISTRICT NO. 505 GENERAL OBLIGATION BONDS - $17,000,000 The Board of Directors of Meridian School District No. 505 approved a proposition for bonds. This proposition authorizes the District to replace and make capital improvements to Meridian High School, renovate and provide an addition to Irene Reither Primary School and existing structures and energy systems; to issue $17,000,000 of general obligation bonds maturing within a maximum term of 21 years; and to levy additional property taxes annually to repay the bonds, as described in Resolution 915-09. Should this proposition be: APPROVED? ................................................... REJECTED?.............................................................. ................................ ❑ ................................ ❑ Whatcom County Auditor PA20287 CMW120287 806 11/12/2009 WHATCOM COUNTY AUDITOR'S OFFICE OFFICIAL CANVASS of the Special Election held Tuesday, February 9, 2010, in Meridian School District No. 505, Whatcom County, Washington, for the purpose of submitting to the qualified electors of the district a proposition to issue $17,000,000 in general obligation bonds for improvements to Meridian High School, renovations to Irene Reither Primary School, existing structures, and energy systems. CERTIFICATION OF CANVASSING BOARD STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) THIS IS TO CERTIFY that we, as the Whatcom County Canvassing Board, have completed the canvass of votes as it pertains to the Special Election held in the precincts within the boundaries of Meridian School District No. 505, Whatcom County, Washington, on the 9th day of February 2010 and the results are as follows: Meridian School District No. 505 Proposition No. 1 Meridian School District No. 505 General Obligation Bonds - $17,000,000 The Board of Directors of Meridian School District No. 505 approved a proposition for bonds This proposition authorizes the District to replace and make capital improvements to Meridian High School, renovate and provide an addition to Irene Reither Primary School and existing structures and energy systems; to issue $17.000,000 of general obligation bonds maturing within a maximum term of 21 years: and to levy additional property taxes annually to repay the bonds, as described in Resolution #15-09. Should this proposition be: APPROVED 4M y REJECTED 4= ty Minimum Numbers for Validation: Number of persons voting last General Election: 3,223 40% Minimum Turnout Required: 1,290 Needs 60% Yes Vote of TOTAL Turnout ACTUAL RESULTS: APPROVED — 2,090 68.77% REJECTED — 945 31.10% PROPOSITION PASSED The canvass has been completed this 24th day of February 2010. WHATCOM COUNTY CANVASSING BOARD Co Whatcom C Unt Auditor QIf!TY County Legislative Authority/ County p r ecuting Attorney t Page 2 Tnm Trim PERF VOTER: Remove and discard this stub before returning your ballot. OFFICIAL BALLOT WHATCOM COUNTY, WASHINGTON SPECIAL ELECTION - FEBRUARY 9, 2010 • To Vote: Use either blue or black ink. Do not use a felt tip pen or pencil. Connect the Head and Tail of the arrow that points to your choice with a Single Line as shown. • If You Make a Mistake: Draw a line through the incorrect choice like this: YZS 4me--- ON or APPROVE 1--+ d • Overvote: More than one vote for a ballot measure will be an d ovenrote and no votes forthat measure will be counte . I• Do Not cut or alter your ballot. I I I ------- Meridian School District No. 505-------- Proposition No. 1 Meridian School District No. 505 General Obligation Bonds - $17,000,000 The Board of Directors of Meridian School District No. 505 approved a proposition for bonds. This proposition authonzes the District to replace and make capital improvements to Meridian High School. renovate and provide an add Aron to Irene Reither Primary School and existing structures and energy systems; to issue $17.000.000 of general obligation bonds maturing within a maximum term of 21 years; and to levy additional property taxes annually to repay the bonds. as described in Resolution #15-09 Should this proposition be. P 128 STYLE 3 APPROVED 4= ry REJECTED 4= MG I I I I I I I I Trim Meridian School District No. 505 Proposition No. 1 Meridian School District No. 505 General Obligation Bonds - $17,000,000 The Board of Directors of Meridian School District No. 505 approved a proposition for bonds. This proposition authorizes the District to replace and make capital improvements to Meridian High School, renovate and provide an addition to Irene Reither Primary School and existing structures and energy systems; to issue $17,000,000 of general obligation bonds maturing within a maximum term of 21 years; and to levy additional property taxes annually to repay the bonds, as described in Resolution #15-09. Should this proposition be: APPROVED 4M y REJECTED r N (1211112009) Shirley Forslof - Fwd: Re: Use of Fire 21 Station as Ballot Drop Site _ Page 1 From: Scott Rossmiller To: Shirley Forslof Date: 12/11/2009 2:34 PM Subject: Fwd: Re: Use of Fire 21 Station as Ballot Drop Site The fire hall is available. We will have someone available to open the door on the 9th. I am not sure about what signs are out front. The address is 6028 Guide Meridian. As we get closer to the 9th, we can work out any final logistics. Thanks. Scott >>> Shirley Forslof 12/7/2009 10:26 AM >>> Hello Scott, I asking to use the Laurel Fire Station as a ballot drop off site for the elections during the year 2010. There are two staff that accompany the ballot box. The Laurel Station would be required to be open at 6:45 00 a.m. so the workers have time to set up the ballot drop site and have it ready when it opens at 7:00 am. The site remains open until it closes s at 8:00 p.m. on election day. The workers leave shortly after. The next election is February 9, 2010. Is there an issue with having the site open by 6:45 a.m. and locking up at 8:00 p.m.? I was talking with Sheriff Elfo and he suggested that the workers could have a key. Would that be a an issue if temporary workers have a key to the Fire Station? Is there a sign on the Guide Meridian Rd. to indicate where the fire station is located? With a large parking area it is unlikely that the public would park in front of the fire doors. Do the fire fighters have a sign that indicates no parking in front of fire doors? Please get back to me promptly as ballot drop off sites are included with information mailed to the voter at the time they receive their ballot. Thank you, Shirley Forslof Whatcom County Auditor 311 Grand Avenue, Suite 103 Bellingham WA 98225 (360) 676-6744 e-mail sforslof0)co.whatcorn.wa.us FAX (360) 738-4556 NOTICE: This e-mail message and all attachments transmitted with it may contain legally privileged and confidential information intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying, or other use of this message or its attachments is strictly prohibited. Please destroy any hard copies you may have printed and remove all copies of the email from your mailbox and hard drive. >>> Bill Elfo 12/2/2009 1:25 PM >>> Hi Shirley - I do not anticipate that there would be a problem with the use of the station for this purpose; however, we do not normally staff the office during business hours; I will ask that Lt. Rossmiller contact you regarding particulars. If there is a way we can help, we will. THANKS, Bill WHATCOM COUNTY sP�`�M CO AUDITOR'S OFFICE 3 < Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA98225-4038 �qs for hING Email: Auditor@co.whatcom.wa.us Internet: www.co.whatcom.wa.us/auditor MAILED VIA CERTIFIED MAIL ON November 20, 2009 November 20, 2009 Dr. Timothy Yeomans Meridian School District No.505 Superintendent 214 W. Laurel Road Bellingham WA 98226 SHIRLEY FORSLOF COUNTY AUDITOR RE: Ballot Title: Proposition No. 1 Meridian School District No. 505 General Obligation Bonds - $17,000,000 Dear Superintendent Yeomans: DEBBIE ADELSTEIN CHIEF DEPUTY Phone: 360-676-6740 FAX: 360-738-4556 Enclosed is a true copy of the ballot title for Proposition No. 1 Meridian School District No. 505 General Obligation Bonds - $17,000,000. The ballot title has been approved by Royce Buckingham, Civil Prosecuting Attorney. This notice of the exact language of the ballot title is being provided as RCW 29A.36.080. Sincerely, Shirley For -Iof Whatcom County Auditor Encl: 1 Licensing Recording Elections Administration/Internal Audit Licensing@co.whatcom.wa.us Recording@co.whatcom.wa.us Elections@co.whatcom.wa.us 360-676-6744 360-676-6740 360-676-6740 360-676-6742 360-676-6740 ext50065 Try 360-738-4555 PROPOSITION NO. 1 MERIDIAN SCHOOL DISTRICT NO. 505 GENERAL OBLIGATION BONDS - $17,000,000 The Board of Directors of Meridian School District No. 505 approved a proposition for bonds. This proposition authorizes the District to replace and make capital improvements to Meridian High School, renovate and provide an addition to Irene Reither Primary School and existing structures and energy systems; to issue $17,000,000 of general obligation bonds maturing within a maximum term of 21 years; and to levy additional property taxes annually to repay the bonds, as described in Resolution #15-09. Should this proposition be: APPROVED?................................................................................................... REJECTED?..................................................................................................... ❑ Whatcom County Sys Auditor's Office 3r� 311 Grand Avenue, Suite 103 �4S�,K6t4a Bellingham, WA 98225-4186 360.676-6740 360-738-4556 FAX 360-738-4555 TTY auditor&o.whatcom.wa.us whatcom.wa.uslauditor Whatcom County Auditor Elections Division TO: Prosecuting Attorney's Office / Royce Buckingham FROM: The Office of the Whatcom County Auditor: ELECTIONS SUBJ: Ballot Titles Please look over this Ballot Title for Meridian School District 505 General Obligation Bonds. Please sign -off and return to the Election Department after review. Thank You. 5 WSO %:: � Celeste 50063 I:\Policies & Procedures\Elections\02_Pre-Election\02_Filing - Ballot Measures\FRM Prosecuting Atty ballot title letter.doc r-10�0 RECEIVED NOV 1 7 2009 SHIRLEY FORSLOF VMTCOM COUNTY AUDITOR MERIDIAN SCHOOL DISTRICT NO. 505 WHATCOM COUNTY, WASHINGTON GENERAL OBLIGATION BONDS RESOLUTION NO. 15-09 A RESOLUTION of the Board of Directors of Meridian School District No. 505, 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 9, 2010 of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $17,000,000, or so much there of as may be issued under the laws governing the indebtedness of school districts for the purpose of providing funds to construct, equip, modernize, remodel and make other capital improvements to the facilities of the district and authorizing the Superintendent to submit a request for eligibility for the Washington State School District Credit Enhancement Program. ADOPTED ON: NOVEMBER 16, 2009 PREPARED BY: K&L GATES LLP Seattle, Washington 0 MERIDIAN SCHOOL DISTRICT NO. 505� O D RESOLUTION NO. 15 09 o� TABLE OF CONTENTS* Page Section1. Findings........................................................................................... .....................2 Section 2. Capital Improvements................................................................................................2 Section 3. Authorization of Bonds...............................................................................................4 Section 4. Details of Bonds..........................................................................................................4 Section5. Election.......................................................................................................................5 Section 6. Request for Eligibility for the Credit Enhancement Program.....................................6 Section7. Severability.................................................................................................................6 Section 8. Effective Date.............................................................................................................7 This Table of Contents and the cover page are not a part of the following resolution and are included only for the convenience of the reader. -1- P:\20287 CMVIA20287 806 11/12/2009 RESOLUTION NO. 15 09 �D D A RESOLUTION of the Board of Directors of Meridian School District No. 505, 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 9, 2010 of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $17,000,000, or so much there of as may be issued under the laws governing the indebtedness of school districts for the purpose of providing funds to construct, equip, modernize, remodel and make other capital improvements to the facilities of the district and authorizing the Superintendent to submit a request for eligibility for the Washington State School District Credit Enhancement Program. WHEREAS, improvements to school facilities are needed in Meridian School District No. 505, Whatcom County, Washington (the "District"), in order to provide the students of the District with adequate, proper and safe educational facilities; and WHEREAS, in order to provide part of the funds to enable the District to modernize and make new construction improvements to Meridian High School 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 $17,000,000 (the "Bonds"); and WHEREAS, the Constitution and laws of the State of Washington (including RCW 28A.530.010 and RCW 84.52.056) provide that the question of whether or not such Bonds may be issued and sold for such purposes and taxes levied to pay such Bonds must be submitted to the qualified electors of the District for their ratification or rejection; and WHEREAS, RCW ch.39.98 (the "Credit Enhancement Act"), the State Legislature established a credit enhancement program (the "Program") for voter -approved school district general obligation bonds; and Lrt^cj-COp17 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; WHEREAS, the Office of Superintendent of Public Instruction ("OSPI") is administering the allocation of the QSCB authority made to the State of Washington under ARRA; and WHEREAS, OSPI has published procedures with respect to the QSCB allocation and approval process in its Bulletin No. 048-09 (the "Bulletin"); and WHEREAS, the Board wishes to proceed with an application to OSPI for an approval. 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 and declares 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 replace Meridian High School, create an addition to replace portable buildings at Irene Reither Primary School and renovate a number of existing structures and energy systems (the "Improvements"). 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 -2- PA20287 CM1M20287 806 11/12/2009 consulting services, inspection and testing, management, administrative and relocation expenses, portable classrooms, site acquisition, on and off -site utilities, related improvements and other costs incurred in connection with the making of the foregoing Improvements shall be deemed a part of the costs of such Improvements. Such Improvements shall be complete with all necessary furniture, equipment and appurtenances. If available funds are sufficient from the proceeds of Bonds authorized for the above purposes, and state or local circumstances require, the District shall use such funds to pay the principal of or interest on the bonds or acquire, construct, equip, modernize and make other capital improvements to the facilities of the District, all as the Board of Directors may determine, after holding a public hearing thereon pursuant to RCW 28A.530.020. The District shall determine the application of available moneys as between the various Improvements set forth above so as to accomplish, as nearly as may be, all of the Improvements described or provided for in this section. The District shall determine the exact extent and specifications for construction of structures or other improvements. If the Board shall determine that it has become impractical to accomplish any of such Improvements or portions thereof by reason of sate or local circumstances, including changed conditions, incompatible development or costs substantially in excess of those estimated, the District shall not be required to accomplish such Improvements and may apply the Bond proceeds or any portion thereof to other portions of the Improvements, to other capital improvements, or to payment of principal of or interest on the Bonds, as the Board may determine after holding a public hearing thereon pursuant to RCW 28A.530.020. In the event that the proceeds of sale of the Bonds, plus any other moneys of the District legally available, are insufficient to accomplish all of the Improvements provided by this section, the District shall use the available funds for paying the cost of those Improvements for which the -3- N20267 CMW120267 606 11/12/2009 Bonds were approved deemed by the Board most necessary and in the best interest of the District. The District anticipates receiving funds from the State of Washington pursuant to Chapter 28A.525 RCW. Such funds may also be applied to pay the principal of or interest on the bonds provided for herein or to make other capital improvements to the facilities of the District as the Board may determine after holding a public hearing pursuant to RCW 28A.530.O2O. Section 3. Authorization of Bonds. For the purpose of providing part of the funds necessary to pay the cost of the Improvements described in Section 2 hereof and/or to reimburse the District for such costs, to the extent that District funds have been used for such purposes, together with incidental costs and costs related to the sale and issuance of the Bonds, the District shall issue and sell its unlimited tax levy general obligation bonds in the principal amount of not to exceed $17,000,000. The balance of the cost of such Improvements shall be paid out of any moneys which the District now has or may later have on hand which are legally available for such purposes, including impact fees, and out of possible state or federal grants of money. None of the Bond proceeds shall be used for the replacement of equipment or for any other than a capital purpose. Such Bonds shall be issued in an amount not exceeding the amount approved by the qualified electors of the District as required by the Constitution and laws of the State of Washington or exceeding the amount permitted by the Constitution and laws of the State of Washington. 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-one (21) years from date of issue, but may mature at an -4- P120287 CM1M20287 806 11I12J2009 RCOFT earlier date or dates, all as authorized by this Board and as provided by law. Said Bonds shall be general obligations of the District and, unless paid from other sources, both principal thereof and interest thereon shall be payable out of annual tax levies to be made upon all the taxable property within the District without limitation as to rate or amount and in excess of any constitutional or statutory tax limitations. The exact date, form, terms and maturities of said Bonds shall be as hereafter fixed by resolution of the Board of Directors. After voter approval of the bond proposition and in anticipation of the issuance of such Bonds, the District may issue short-term obligations as authorized and provided by Chapter 39.50 RCW. The proceeds of such Bonds may be used to redeem and retire short term obligations or to reimburse the District for expenditures previously made for such Improvements. Section 5. Election. It is hereby found and declared that the best interests of the District requires the submission to the qualified electors of the District of the proposition of whether the District shall issue the Bonds at a special election to be held on February 9, 2010. The Whatcom County Auditor as ex officio supervisor of elections in Whatcom County, Washington is hereby requested to call and conduct the special election to be held by all mail -in ballot within the District and to submit to the qualified electors of the District the proposition set forth below. The Secretary of the Board is hereby authorized and directed to certify the proposition to said officials in the following form: -5- P:k202B7 CM=20287 806 11/12/2009 PROPOSITION NO. 1 MERIDIAN SCHOOL DISTRICT NO. 505 GENERAL OBLIGATION BONDS - $17,000,000 The Board of Directors of Meridian School District No. 505 approved a proposition for bonds. This proposition authorizes the District to replace and make capital improvements to Meridian High School, renovate and provide an addition to Irene Reither Primary School and existing structures and energy systems; to issue $17,000,000 of general obligation bonds maturing within a maximum term of 21 years; and to levy additional property taxes annually to repay the bonds, as described in Resolution 415-09. Should this proposition be: APPROVED? ............................. ................................. 11................ ................... ❑ REJECTED?................................ ....1................................................................ ❑ 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. Reguest for Eligibility for the Credit Enhancement Program. In preparation for the issuance and sale of the Bonds after approval by the voters, the Board of Directors hereby requests that the State Treasurer issue a certificate of eligibility in favor of the District for participation by the District in the Program with respect to the Bonds. The Superintendent is hereby authorized (following voter approval) to submit such applications, resolutions and certifications as shall be required by the State Treasurer in reviewing the District's request for participation. Section 7. Severability. In the event that any provision of this resolution shall be held to be invalid, such invalidity shall not affect or invalidate any other provision of this resolution or the Bonds, but they shall be construed and enforced as if such invalid provision had not been 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- PA20267 CMW%20287 806 11/12/2009 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 November 16, 2009. ATTEST: Secretary, Board of Directors MERIDIAN SCHOOL DISTRICT NO. 505 WHATCOM COUNTY, WASHINGTON - / - PA20287 CM1M20287 806 11/12/2009 OFFICIAL BALLOT MERIDIAN SCHOOL DISTRICT NO. 505 WHATCOM COUNTY, WASHINGTON February 9, 2010 U '�Wm -is INSTRUCTIONS TO VOTERS: To vote in favor of the following proposition, place a cross (X) in the square opposite the word "APPROVED"; to vote against the following proposition, place a cross (X) in the square opposite the word "REJECTED." PROPOSITION NO. 1 MERIDIAN SCHOOL DISTRICT NO. 505 GENERAL OBLIGATION BONDS - $17,000,000 The Board of Directors of Meridian School District No. 505 approved a proposition for bonds. This proposition authorizes the District to replace and make capital improvements to Meridian High School, renovate and provide an addition to Irene Reither Primary School and existing structures and energy systems; to issue $17,000,000 of general obligation bonds maturing within a maximum term of 21 years; and to levy additional property taxes annually to repay the bonds, as described in Resolution #15-09. Should this proposition be: APPROVED?................................................................................................. ❑ REJECTED? ....................................... ............................................................ I ❑ PA20287 CMWQ0287 806 11/12/2009 CERTIFICATE p� 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. 15-09 of Board (herein called the "Resolution"), duly adopted at a regular meeting thereof held on the 16th day of November, 2009. 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. 2009. IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of November, Secretary, Board of Directors P-\20287_CM W120287_806 11 /12/2009 NOTICE OF SPECIAL ELECTION pcopy MERIDIAN SCHOOL DISTRICT NO. 505 WHATCOM COUNTY, WASHINGTON February 9, 2010 NOTICE IS HEREBY GIVEN that on February 9, 2010, a special election will be held by all. mail -in ballot in the above -named school district for the submission to the qualified electors of said school district of the following proposition: PROPOSITION NO. 1 MERIDIAN SCHOOL DISTRICT NO. 505 GENERAL OBLIGATION BONDS - $17,000,000 The Board of Directors of Meridian School District No. 505 approved a proposition for bonds. This proposition authorizes the District to replace and make capital improvements to Meridian High School, renovate and provide an addition to Irene Reither Primary School and existing structures and energy systems; to issue $17,000,000 of general obligation bonds maturing within a maximum term of 21 years; and to levy additional property taxes annually to repay the bonds, as described in Resolution 415-09. Should this proposition be: APPROVED?.................................................................................................. ❑ REJECTED?........................................................ ........................... ❑ Whatcom County Auditor RT0287 CMM20287 806 11/12/2009