Loading...
ResolutionsTO Ron Marshall, Chief Civil Deputy SUBJECT REPLY DATE Prosecutor's Office Special Election, February 7, 1995 No. 401 to be held for election on February 7, 1995. Please review the proposition as to form. Thank you. ORIGINATOR -DO HOT WRITE BELOW THIS LINE SEND WHITE & YELLOW COPIES INTACT. WHITE COPY WILL BE RETURNED WITH REPLY. REPLY TO -SP- SIGNED SIGNED SEND PARTS 1 AND 2 INTACT . PART 1 WILL SE RETURNED WITH REPI Y COWLITZ COUNTY, WASHINGTON Elections DEPT. ADDRESS Telephone 2765 DATE KELSO, WASH. 98626 December 20, 1994 MESSAGE: Attached hereto is a copy of the Resolution No. 95 -01 for Castle Rock School District RECEIVED COWLITZ COUNTY PROSECUTING AT fORNU DEC 2 0 1994 CHIEF CRIMINAL DEPUTY Susan I. Baur VICTIM- WITNESS COORDINATOR Fran Grant COWLITZ COUNTY PROSECUTING ATTORNEY JAMES J. STONIER CHIEF CIVIL DEPUTY ADMINISTRATIVE ASSISTANT Ronald S. Marshall MEMORANDUM TO: Kristina R. Swanson Auditor's Office FROM: Ronald S. Marshall 7 Chief Civil Deputy DATE: December 21, 1994 RE: Castle Rock School District Bond Proposition Danelle M. Craig DEPUTY PROSECUTORS Winniferd Clements Jill Johanson Christopher T. Mahre Ian A. Northrip Melanie Paige Romo Lisa E. Tabbut Barbara A. Vining I have reviewed the referenced Resolution and Proposition No. 1 as submitted for the February 7, 1995 Special Election and approve the same as to form. I note that they have not yet corrected the typing or grammar error in the Proposition ( "by authorized" should read "be authorized "). Call if you have any questions. Hall of Justice, 312 S.W. 1st Street, Kelso, WA 98626 [360] 577 -3080 / SCAN 562 -3080 / FAX [360] 414 -9121 / TDD [360] 577 -3061 RESOLUTION NO. 95-01 Q� . A RESOLUTION of the Board of Directors of Castle Rock ScTi o1 Diist t Pla 9 y No. 401, Cowlitz 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 electors of the district at a special election to be held therein on February 7 , 1995 , of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $7,850,000, or so much thereof as may be issued under the laws governing the indebtedness of school districts for the purpose of providing funds to acquire, construct, equip and make certain capital improvements to the facilities of the school district. WHEREAS, additional school facilities are needed in Castle Rock School District No. 401, Cowlitz 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 acquire, construct, equip and make such necessary capital improvements to its existing 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 $ 7,850,00Q and WHEREAS, the Construction and laws of the State of Washington (including RCW 28A.530.010 and RCW 84.52.056) provide that 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; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Castle Rock School District No. 401, Cowlitz 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 requires 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 construct and equip a new elementary school. The cost of all necessary architectural, engineering, and other consulting services, inspection and testing, administrative and relocation expenses, on and off -site utilities 1 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 purpose, the District shall acquire, construct, equip and make other capital improvements to the facilities of the District, all as the Board of Directors finds necessary. The District shall determine the application of available moneys as between the various elements of the project set forth above so as to accomplish, as nearly as may be, all improvements to the facilities of the District, all as the Board of Directors finds necessary. The District shall determine the application of available moneys as between the various elements of the project set forth above so as to accomplish, as nearly as may be, all 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 District shall determine that it has become impractical to accomplish any of such improvements or portions thereof by reason of changed conditions or needs, incompatible development or costs substantially in excess of those estimated, the District shall not be required to accomplish such improvement and may apply the bond proceeds or any portion thereof to other portions of the improvements, to other capital purposes of the District, or to payment of principal of or interest on the bonds, as the District in its discretion shall determine. 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 capital improvements provided by this section, the District shall use the avilable funds for paying the costs of those improvements for which the bonds were approved deemed by the Board most necessary and to the best interest of the District. 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, 2 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 $ 7,850,000 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 and out of possible state or federal grants of money. None of said bond proceeds shall be used for the replacement of equipment or for any other than a capital purpose. Such bonds shall be issued in an amount not exceeding the amount approved by the qualified electors of the District as required by the Constitution and laws of the State of Washington or exceeding the amount permitted by the Constitution and laws of the State of Washington. Section 4. Details of Bonds. The bond 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 (20) 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. Section 5. Bond 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 such bonds for such purposes at a special election to be held therein on the 7 thday of Feb. 19 The Cowlitz County Auditor as ex officio supervisor of elections is hereby requested also to find the existence of such emergency and to call and conduct said special election to be held within the 3 District on said date and to submit to the qualified electors of the District the proposition hereinafter set forth. The Secretary of the Board of Directors is hereby authorized and directed to certify said proposition to said official in the following form: 4 PROPOSITION NO. 1 CASTLE ROCK SCHOOL DISTRICT NO. 401 GENERAL OBLIGATION BONDS - $ 7,850,000 at the Huntington Avenue site For constructing and equipping a new elementary school for the District and making other capital improvements, shall Castle Rock School District No. 401 issue $ 7,850,000 of general obligation bonds maturing within a maximum term of 20 years, and shall annual_ property tax levies in excess of regular tax levies by authorized to pay principal and interest on such bonds, all as provided in District Resolution #95 -01? BONDS, YES ❑ BONDS, NO ❑ The polls for such special election shall be open from 7:00 o'clock A.M. to 8:00 o'clock P.M. The Secretary of the Board of Directors is hereby authorized to deliver a certified copy of this resolution to the Cowlitz County Auditor. 5 I, the undersigned, Secretary of the Board of Directors of Castle Rock School District No. 401, Cowlitz County, Washington, (the "District ") and keeper of the records of the Board of Directors (herein called the "Board"), DO HEREBY CERTIFY: 1. That the attached resolution is a true and correct copy of Resolution No. 95 -01 of the Board (herein called the "Resolution "), duly adopted at a special meeting thereof held on the 13 day of Dec , 1994. 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 13 day of Dec 19 94 CERTIFICATE 6 Secretary, Board of Directors ADOPTED by the Board of Directors of Castle Rock School District No. 401, Cowlitz County, Washington, at a regular meeting thereof held the 13 day of Dec , 19 9 4 ATTEST: Secretary, Board of'Directors CASTLE ROCK SCHOOL DISTRICT NO. 401 COWLITZ COUNTY, W • HINGTON 7 Board of Directors RESOLUTION NO. 95 -01 DEC t A RESOLUTION of the Board of Directors of Castle Rock School District ict 94 No. 401, Cowlitz 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 electors of the district at a special election to be held therein on February 7 , 1995 , of a proposition for the issuance of its general obligation bonds in the aggregate principal amount of $7,850,000, or so much thereof as may be issued under the laws governing the indebtedness of school districts for the purpose of providing funds to acquire, construct, equip and make certain capital improvements to the facilities of the school district. WHEREAS, additional school facilities are needed in Castle Rock School District No. 401, Cowlitz 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 acquire, construct, equip and make such necessary capital improvements to its existing 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 $ 7,850,00Q and WHEREAS, the Construction and laws of the State of Washington (including RCW 28A.530.010 and RCW 84.52.056) provide that 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; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Castle Rock School District No. 401, Cowlitz 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 requires 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 construct and equip a new elementary school. The cost of all necessary architectural, engineering, and other consulting services, inspection and testing, administrative and relocation expenses, on and off -site utilities 1 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 purpose, the District shall acquire, construct, equip and make other capital improvements to the facilities of the District, all as the Board of Directors finds necessary. The District shall determine the application of available moneys as between the various elements of the project set forth above so as to accomplish, as nearly as may be, all improvements to the facilities of the District, all as the Board of Directors finds necessary. The District shall determine the application of available moneys as between the various elements of the project set forth above so as to accomplish, as nearly as may be, all 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 District shall determine that it has become impractical to accomplish any of such improvements or portions thereof by reason of changed conditions or needs, incompatible development or costs substantially in excess of those estimated, the District shall not be required to accomplish such improvement and may apply the bond proceeds or any portion thereof to other portions of the improvements, to other capital purposes of the District, or to payment of principal of or interest on the bonds, as the District in its discretion shall determine. 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 capital improvements provided by this section, the District shall use the avilable funds for paying the costs of those improvements for which the bonds were approved deemed by the Board most necessary and to the best interest of the District. 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, 2 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 $ 7,850,000 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 and out of possible state or federal grants of money. None of said bond proceeds shall be used for the replacement of equipment or for any other than a capital purpose. Such bonds shall be issued in an amount not exceeding the amount approved by the qualified electors of the District as required by the Constitution and laws of the State of Washington or exceeding the amount permitted by the Constitution and laws of the State of Washington. Section 4. Details of Bonds. The bond 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 (20) 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. Section 5. Bond 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 such bonds for such purposes at a special election to be held therein on the 7 thday of Feb. 19 The Cowlitz County Auditor as ex officio supervisor of elections is hereby requested also to find the existence of such emergency and to call and conduct said special election to be held within the 3 District on said date and to submit to the qualified electors of the District the proposition hereinafter set forth. The Secretary of the Board of Directors is hereby authorized and directed to certify said proposition to said official in the following form: 4 PROPOSITION NO. 1 CASTLE ROCK SCHOOL DISTRICT NO. 401 GENERAL OBLIGATION BONDS - $ 7,850,000 at the Huntington Avenue site For constructing and equipping a new elementary schoolAfor the District and making other capital improvements, shall Castle Rock School District No. 401 issue $ 7,850,000 of general obligation bonds maturing within a maximum term of 20 years, and shall annual property tax levies in excess of regular tax levies by authorized to pay principal and interest on such bonds, all as provided in District Resolution #95 -01? BONDS, YES ❑ BONDS, NO ❑ The polls for such special election shall be open from 7:00 o'clock A.M. to 8:00 o'clock P.M. The Secretary of the Board of Directors is hereby authorized to deliver a certified copy of this resolution to the Cowlitz County Auditor. 5 CERTIFICATE I, the undersigned, Secretary of the Board of Directors of Castle Rock School District No. 401, Cowlitz County, Washington, (the "District ") and keeper of the records of the Board of Directors (herein called the "Board "), DO HEREBY CERIINY: 1. That the attached resolution is a true and correct copy of Resolution No. 95 -01 of the Board (herein called the "Resolution "), duly adopted at a special meeting thereof held on the 13 day of Dec , 1994. 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 13 day of Dec 19 94 6 Secretary, Board of Directors ADOPTED by the Board of Directors of Castle Rock School District No. 401, Cowlitz County, Washington, at a regular meeting thereof held the 13 day of Dec , 19 94 . ATTEST: Secretary, Board of'Directors CASTLE ROCK SCHOOL DISTRICT NO. 401 COWLITZ COUNTY, W SHINGTON 7 Board of Directors