HomeMy WebLinkAbout2019 - Nooksack Valley School District No. 506 Proposition 2019-1 General Obligation Bomnds $29,700,000 - Special Election February 12, 2019Whatcom County
Auditor's Office
Whatcom County Courthouse
311 Grand Avenue, Suite 103
Bellingham, WA 98225-4038
Phone: (360) 778-5100
Fax: (360)778-5101
Email: auditor@co.whatcom.wa.us
Internet: www.whatcomcounty.uslauditor
Election Results Receipt
M co Debbie Adelstein
`A County Auditor
Diana Bradrick
0 Chief Deputy Auditor
Copies of Nooksack Valley School District 506, Proposition 2019-1, General Obligation
Bonds - $29,700,000, election results from the February 12, 2019 Special Election,
have been delivered to the Assessor's and Treasurer's Office.
Receipt Acknowledged:
Assessor's Office:
Name
Treasurer's Office:
Na WEK
-Z�-l�
Date
f
Date
Licensing Recording Elections Administration
Licensing@comhatcornma.us Recording@co.whatoom.wa.us Elections@co.whatcom.wa.us Auditor@co.whatcom.wa.us We gladly accept
360-778-5100 360-778-5100 360-778-5102 360-778-5105 relay calls.
Statement of Votes Cast by Geography Page: 1 of 1
Whatcom County, Washington, February 12, 2019 - Special Election 2019-02-22
All Precincts, All Districts, All ScanStations, All Contests, All Boxes
Total Ballots Cast: 12388, Registered Voters: 28392, Overall Turnout: 43.63%
Choice Votes Vote %
All Precincts
Nooksack Valley School District 506 - Proposition 2019-1 (Vote for 1)
2571 ballots (0 overvotes, 3 undervotes), 6395 registered voters, turnout 40.20%
Approved 1656 64.49%
Rejected 912 35.51%
Total 2568 100.00%
STATE OF WASHINGTON )
) ss
COUNTY OF WHATCOM )
This is to certify that on February 12, 2019, there was held a special election in Nooksack Valley School
District 506, Whatcom County, Washington, for the submission of a ballot measure to the voters for their
approval or rejection;
That the results of the election were duly canvassed by the Whatcom County Canvassing Board on
February 22, 2019, and the results of said canvass are as reads above.
Dated this 22 d day of February, 2019, Bellingham, Whatcom County, Washington.
Debbie Adelstein
County Auditor
conduct the special election to be held within the District and to submit by all mail ballot 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:
PROPOSITION 1! C'00_ I
ENOO:�KSACK VALLEY SCHOOL DISTRICT 50.6
GENERAL OBLIGATION BONDS - $29,700,000
The Board of Directors $f Nooksack Valley School District
adopted Resolution concerning this proposition for bonds. The
proposition authorizes the District to add classrooms to address
overcrowding in Everson and Nooksack Elementary Schools,
remove and replace Sumas Elementary School, renovate auxiliary
gymnasium and Performing Arts Center, upgrade concessions and
restrooms, upgrade mechanical systems at NVHS, enhance 41)
District -wide safety/security and additional critical maintenance
projects, to issue $29,700,000 of general obligation bonds
maturing within 20.5 years, and to levy excess property tax s
annually for repayment of the bonds, as provided in Resolution. 35,
Should this proposition be: 0l p , srl
APPROVED?......................................................................................... ❑
REJECTED?.......................................................................................... ❑
}iy�t'iC�liti4i:
The Secretary of the Board of Directors is hereby authorized to deliver a certified copy of
this resolution to the Whatcom County Auditor.
Section 6. Notices relating to Ballot Title. For purposes of receiving notice of the exact
language of the ballot title required by RCW 29A.36.080, the Board hereby designates the (a)
Superintendent (Mark Johnson), telephone: 360-988-4754; fax: 360-988-8983; email:
mark.johnson@nv.kl2.wa.us, and (b) bond counsel, K&L Gates LLP (Cynthia Weed),
telephone: 206.370.7801; fax: 206.370.6201; email: cynthia.weed@klgates.com, as the
individuals to whom the Whatcom County Auditor shall provide such notice. The Secretary of
the Board is authorized to approve changes to the ballot title, if any, deemed necessary by the
Whatcom County Auditor or the Office of the Whatcom County Prosecuting Attorney.
-6- P:120287 CMW%20287 C24 10/18/18
Election Date: February 12, 2019
Name of Jurisdiction Submitting Measure: Nooksack Valley School District No. 506,
Whatcom County, Washington
Contact Name: Cynthia Weed
Daytime Contact Phone Number: 206-623-7580
EXPLANATORY STATEMENT - PROPOSITION NO. I
aoiq-I
Passage of Proposition would allow Nooksack Valley School District 506 to
borrow $29,700,000 by issuing general obligation bonds. In accordance with Resolution No. 8
approving this proposition, the bonds will provide additional capacity and provide upgrades and
safety enhancements by adding classrooms to Everson and Nooksack Elementary schools,
replacing Sumas Elementary and undertaking improvements, upgrades and renovations to the
auxiliary gymnasium Performing Arts Center, concessions and restroom areas in athletic
facilities and ventilation systems and heating (HVAC) controls. The bonds would be repaid out
of annual property tax levies over a period of up to 20.5 years.
►j�•� = IIU.."
P: \20287_C M VA20287-C 31 12112/ 18
Ballot Measure Cover &--et
s'tF 4y�
A completed cover sheet must accompany each ballot measure submitted to the Whatcom
�4ffiM,�at°� County Auditor. It is the submitter's responsibility to ensure that requested documentation is
presented no later than the resolution deadline date.
This form is available in a fillable form on the Auditor's website: www.whatcomcounty.us/auditor.
Contact Person 1 Contact Person 2
rna�',��lohhs�h
Name & Title
nl. �41, Johnrc,an2 kiv. Wa. a
Phone & email
War-ta Jehns7,on
Name &Title
rn�jda- , john�(-I�P70 n v-1 !
Phone & email
' ` 5 L S LLP Has your attorney prepared this ballot measure?
Name /
.201G,23 � g0 L��.1L�s .� Ves ❑ No
Phone & email
Have •
Attached the Resolution with original signatures or a certified
Yes
❑ No
copy of the original Resolution?
Attached the Explanatory Statement (not to exceed 100 words)
I�es
❑ No
for the Local Voters' Pamphlet prepared by your attorney?
Attached the "For' and "Against" Committee Appointment
02 Yes
❑ No
Forms?
j
Completed this cover sheet?
0 es
❑ No
RECEIVED
DEC 4 2018
DEBBIE ADELSTEIN
WHATCOM COUNTY AUDITOR
(P
Deputy Auditors Signature
Missing document(s):
I understand that the submittal deadline date for the
missing documents is and the
Auditor's Office will not begin processing this ballot
measure until all documents have been submitted.
.8
RECEIVED
DEC 4 2018
WHATCOMICODUNTY UDITOR
NOOKSACK VALLEY SCHOOL DISTRICT NO. 506
WHATCOM COUNTY, WASHINGTON
GENERAL OBLIGATION BONDS
RESOLUTION NO. 8
A RESOLUTION of the Board of Directors of Nooksack Valley
School District No. 506, 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 12,
2019, of a proposition for the issuance of its general obligation
bonds in the aggregate principal amount of $29,700,000, or so
much thereof as may be issued under the laws governing the
indebtedness of school districts for the purpose of providing funds
for capital improvements to the facilities of the District and
authorizing the Superintendent to submit a request for eligibility
for the Washington State School District Credit Enhancement
Program.
ADOPTED: OCTOBER 18, 2018
K&L GATES LLP
Seattle, Washington
NOOKSACK VALLEY SCHOOL DISTRICT
RESOLUTION NO. 8
TABLE OF CONTENTS
Page
Recitals.......................................................................................................................................... 1
Section1. Findings.....................................................................................................................2
Section 2. Capital Improvements............................................................................................... 2
Section 3. Authorization of Bonds............................................................................................. 4
Section4. Details of Bonds........................................................................................................ 5
Section5. Election..................................................................................................................... 5
Section 6. Notices Relating to Ballot Title................................................................................ 6
Section 7. Request for Eligibility for the Credit Enhancement Program ................................... 7
Section8. Severability............................................................................................................... 7
Section8. Effective Date........................................................................................................... 8
-1- P:\20287-CMVV\2O287-C24 10/18/18
RESOLUTION NO. 8
A RESOLUTION of the Board of Directors of Nooksack Valley
School District No. 506, 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 12,
2019, of a proposition for the issuance of its general obligation
bonds in the aggregate principal amount of $29,700,000, or so
much thereof as may be issued under the laws governing the
indebtedness of school districts for the purpose of providing funds
for capital improvements to the facilities of the District and
authorizing the Superintendent to submit a request for eligibility
for the Washington State School District Credit Enhancement
Program.
WHEREAS, improvements to school facilities are needed in Nooksack Valley School
District No. 506, Whatcom County, Washington (the "District"), in order to provide the students
of the District with adequate, proper and safe educational facilities; and
WHEREAS, in order to provide part of the funds needed to undertake those capital
investments, it is deemed necessary and advisable that the District issue and sell its unlimited tax
levy general obligation bonds in the principal amount of $29,700,000 (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, in RCW ch. 39.98 (the "Credit Enhancement Act"), the State Legislature
established a credit enhancement program (the "Program") for voter -approved school district
general obligation bonds; and
WHEREAS, Section 39.98.040 of the Credit Enhancement Act authorizes the state
treasurer to make a determination that a school district is eligible for participation in the Program
if the state treasurer determines that the district is eligible under rules adopted by the state
finance committee; and
WHEREAS, the District may elect to participate in the Program upon an administrative
determination that it is cost-effective;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
NOOKSACK VALLEY SCHOOL DISTRICT NO.506, WHATCOM COUNTY,
WASHINGTON, as follows:
Section 1. Findings. This Board of Directors (the "Board") hereby finds and declares
that the best interest of the students and other inhabitants of the District require the District to
carry out the plans hereinafter provided at the time or times and in the order deemed most
necessary and advisable by the Board.
Section 2. Capital Improvements. The District shall make the following capital
improvements (the "Improvements") to provide additional capacity and provide upgrades and
safety enhancements:
• Everson Elementary School. (a) add eight classrooms to address overcrowding,
(b) expand the covered play area and relocate hard surface play area, (c)
undertake safety enhancements at the front entrance, (d) replace flooring, and
(e) add parking;
• Nooksack Elementary School. Add four classrooms to address overcrowding;
• Sumas Elementary School. Demolish and replace Sumas Elementary School;
• Nooksack Valley High School. Undertake modernization improvements and
upgrade mechanical systems, including (a) modernizing and renovating the
auxiliary gymnasium; (b) modernize and renovate the Performing Arts Center,
-2- P120287 CMVV120287 C24 10/18/18
(c) refurbish concessions and restroom areas in athletic facilities, (d) upgrade the
ventilation systems and heating, ventilation and air conditioning (HVAC)
controls; and
• Additional major maintenance capital pro'iects. Undertake safety, security, and
replace roofs and floor coverings and undertake other major maintenance
throughout the District.
The cost of all necessary architectural, engineering, and other consulting services,
inspection and testing, administrative and relocation expenses, site acquisition, on and off -site
utilities, related improvements and other costs incurred in connection with the making of the
foregoing capital 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 acquire, construct, equip 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 state or local circumstances, including changed
conditions, incompatible development, lack of additional state funding or costs substantially in
excess of those estimated, the District shall not be required to accomplish such Improvements
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and may apply the bond proceeds or any portion thereof to other portions of the 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
Bonds were approved deemed by the Board most necessary and in the best interest of the
District.
It is anticipated that the District will receive funds from the State of Washington pursuant
to RCW 28A.525 in the estimated amount of less than $1,000,000. The District intends to apply
such funds to the completion of the Improvements as necessary. Such funds may also be applied
to pay the principal of or interest on the bonds provided for herein or to make other capital
improvements to the facilities of the District as the Board may determine after holding a public
hearing thereon pursuant to RCW 28A.530.020.
Section 3. Authorization of Bonds. For the purpose of providing part of the funds
necessary to pay the cost of the Improvements described in Section 2 hereof and/or to reimburse
the District for such costs to the extent that District funds have been used for such purposes,
together with incidental costs and costs related to the sale and issuance of the Bonds, the District
shall issue and sell its unlimited tax levy general obligation bonds in the principal amount of not
to exceed $29,700,000. The balance of the cost of such Improvements shall be paid out of any
moneys which the District now has or may later have on hand which are legally available for
such purposes, including mitigation fees, and out of possible state or federal grants of money.
None of said bond proceeds shall be used for the replacement of equipment or for any other than
-4- P:120287 CMW%20287 C24 10/18/18
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 and a half (20.5) years from date of issue, but may mature at an
earlier date or dates, as authorized by this Board and as provided by law. Said Bonds shall be
general obligations of the District and, unless paid from other sources, both principal thereof and
interest thereon shall be payable out of annual tax levies to be made upon all the taxable property
within the District without limitation as to rate or amount and in excess of any constitutional or
statutory tax limitations. The exact date, form, terms and maturities of said Bonds shall be as
hereafter fixed by resolution of the Board of Directors. After voter approval of the bond
proposition and in anticipation of the issuance of such Bonds, the District may issue short term
obligations as authorized and provided by Chapter 39.50 RCW. The proceeds of such Bonds
may be used to redeem and retire short term obligations or to reimburse the District for
expenditures previously made for such Improvements.
Section 5. Election. It is hereby found and declared that the best interests of the District
requires the submission to the qualified electors of the District the proposition of whether or not
the District shall issue the Bonds at a special election to be held on February 12, 2019. The
Whatcom County Auditor, as ex officio supervisor of elections, is hereby requested to call and
-5- P:\20287 CMVN20287 C24 10/18/18
conduct the special election to be held within the District and to submit by all mail ballot 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:
PROPOSITION NO. 1
NOOKSACK VALLEY SCHOOL DISTRICT NO. 506
GENERAL OBLIGATION BONDS - $29,700,000
The Board of Directors of Nooksack Valley School District
adopted Resolution #8 concerning this proposition for bonds. The
proposition authorizes the District to add classrooms to address
overcrowding in Everson and Nooksack Elementary Schools,
remove and replace Sumas Elementary School, renovate auxiliary
gymnasium and Performing Arts Center, upgrade concessions and
restrooms, upgrade mechanical systems at NVHS, enhance
District -wide safety/security and additional critical maintenance
projects, to issue $29,700,000 of general obligation bonds
maturing within 20.5 years, and to levy excess property taxes
annually for repayment of the bonds, as provided in Resolution #8.
Should this proposition be:
APPROVED?......................................................................................... ❑
REJECTED?.......................................................................................... ❑
The Secretary of the Board of Directors is hereby authorized to deliver a certified copy of
this resolution to the Whatcom County Auditor.
Section 6. Notices relating to Ballot Title. For purposes of receiving notice of the exact
language of the ballot title required by RCW 29A.36.080, the Board hereby designates the (a)
Superintendent (Mark Johnson), telephone: 360-988-4754; fax: 360-988-8983; email:
mark.johnson@nv112.wa.us, and (b) bond counsel, K&L Gates LLP (Cynthia Weed),
telephone: 206.370.7801; fax: 206.370.6201; email: cynthia.weed@klgates.com, as the
individuals to whom the Whatcom County Auditor shall provide such notice. The Secretary of
the Board is authorized to approve changes to the ballot title, if any, deemed necessary by the
Whatcom County Auditor or the Office of the Whatcom County Prosecuting Attorney.
-6- P:120287 CMW20287 C24 10/18/18
Section 7. 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 8. Severability. In the event that any provision of this resolution shall be held to
be invalid, such invalidity shall not affect or invalidate any other provision of this resolution or
the Bonds, but they shall be construed and enforced as if such invalid provision had not been
contained herein; provided, however, that any provision which shall for any reason be held by
reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law.
-7- P:U0287 CMW\2C287 C24 10/18/18
Section 8. Effective Date. This resolution shall become effective immediately upon its
adoption.
ADOPTED by the Board of Directors of Nooksack Valley School District No. 506,
Whatcom County, Washington, at a regular meeting held this 18th day of October, 2018.
ATTEST:
Secr of the Board of Directors
NOOKSACK VALLEY
SCHOOL DISTRICT NO. 506
WIJATCOM COUNTY, WASHINGTON
Board of Directo
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CERTIFICATE
I, the undersigned, Secretary of the Board of Directors of Nooksack Valley School
District No. 506, 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. 8 of the
Board (herein called the "Resolution"), duly adopted at a regular meeting thereof held on the
18th day of October, 2018.
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 18th day of October, 2018.
-�^
`A-WA4---
Sebahry, Board of Directors
P:\20287 CMVN20287 C24 10/18/18
OFFICIAL BALLOT
NOOKSACK VALLEY SCHOOL DISTRICT NO. 506
WHATCOM COUNTY, WASHINGTON
February 12, 2019
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
NOOKSACK VALLEY SCHOOL DISTRICT NO. 506
GENERAL OBLIGATION BONDS - $29,700,000
The Board of Directors of Nooksack Valley School District
adopted Resolution #8 concerning this proposition for bonds. The
proposition authorizes the District to add classrooms to address
overcrowding in Everson and Nooksack Elementary Schools,
remove and replace Sumas Elementary School, renovate auxiliary
gymnasium and Performing Arts Center, upgrade concessions and
restrooms, upgrade mechanical systems at NVHS, enhance
District -wide safety/security and additional critical maintenance
projects, to issue $29,700,000 of general obligation bonds
maturing within 20.5 years, and to levy excess property taxes
annually for repayment of the bonds, as provided in Resolution #8.
Should this proposition be:
APPROVED?........................................................................................ ❑
REJECTED?........................................................... ................. ❑
141
KES61Jtn GAI
P120287 CMVN20287 C24 10/18/18
NOTICE OF SPECIAL ELECTION
NOOKSACK VALLEY SCHOOL DISTRICT NO. 506
WHATCOM COUNTY, WASHINGTON
February 12, 2019
NOTICE IS HEREBY GIVEN that on Tuesday, February 12, 2019, a special election
will be held by mail 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
NOOKSACK VALLEY SCHOOL DISTRICT NO. 506
GENERAL OBLIGATION BONDS - $29,700,000
The Board of Directors of Nooksack Valley School District
adopted Resolution #8 concerning this proposition for bonds. The
proposition authorizes the District to add classrooms to address
overcrowding in Everson and Nooksack Elementary Schools,
remove and replace Sumas Elementary School, renovate auxiliary
gymnasium and Performing Arts Center, upgrade concessions and
restrooms, upgrade mechanical systems at NVHS, enhance
District -wide safety/security and additional critical maintenance
projects, to issue $29,700,000 of general obligation bonds
maturing within 20.5 years, and to levy excess property taxes
annually for repayment of the bonds, as provided in Resolution #8.
Should this proposition be:
APPROVED?......................................................................................... ❑
REJECTED?.......................................................................................... ❑
Whatcom County Auditor
P:X20287 CM1M20287 C24 10/18/18