Kalama School District Resolution No. 2019_20-05KALAMA SCHOOL DISTRICT NO. 402
COWLITZ COUNTY, WASHINGTON
REPLACEMENT EDUCATIONAL PROGRAMS AND OPERATION LEVY
RESOLUTION NO. 2019/20-05
A RESOLUTION of the Board of Directors of Kalama School District No.
402, Cowlitz County, Washington, providing for the submission to the voters of the
District at a special election to be held on April 28, 2020, of a proposition
authorizing an excess tax levy to be made annually for three years commencing in
2020 for collection in 2021 of $2,329,475, in 2021 for collection in 2022 of
$2,492,539, and in 2022 for collection in 2023 of $2,667,016, for the District's
General Fund to pay expenses of educational programs and operation; designating
the Secretary to the Board and special counsel to receive notice of the ballot title
from the Auditor of Cowlitz County, Washington; and providing for other matters
properly related thereto.
ADOPTED: FEBRUARY 24, 2020
This document prepared by:
FOSTER GAR VEYP. C.
1111 Third Avenue, Suite 3000
Seattle, Washington 98101
(206) 447-5339
FG:53685104.1
KALAMA SCHOOL DISTRICT NO. 402
COWLITZ COUNTY, WASHINGTON
RESOLUTION NO. 2019/20-05
A RESOLUTION of the Board of Directors of Kalama School District No.
402, Cowlitz County, Washington, providing for the submission to the voters of the
District at a special election to be held on April 28, 2020, of a proposition
authorizing an excess tax levy to be made annually for three years commencing in
2020 for collection in 2021 of $2,329,475, in 2021 for collection in 2022 of
$2,492,539, and in 2022 for collection in 2023 of $2,667,016, for the District's
General Fund to pay expenses of educational programs and operation; designating
the Secretary to the Board and special counsel to receive notice of the ballot title
from the Auditor of Cowlitz County, Washington; and providing for other matters
properly related thereto.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF KALAMA SCHOOL
DISTRICT NO. 402, COWLITZ COUNTY, WASHINGTON, as follows:
Section 1. Findings_ and Determinations. The Board of Directors (the "Board") of
Kalama School District No. 402, Cowlitz County, Washington (the "District"), takes note of the
following facts and makes the following findings and determinations:
(a) Calendar year 2020 is the last year of collection of the District's current two-year
General Fund educational programs and operation tax levy, which was authorized pursuant to
Resolution No. 2017/18-03, adopted by the Board on November 27, 2017, and approved by the
voters at a special election held and conducted within the District on February 13, 2018.
(b) With the expiration of the District's current two-year General Fund educational
programs and operation tax levy, it appears certain that the money in the District's General Fund for
the school years 2020-2021, 2021-2022, 2022-2023 and 2023-2024 will be insufficient to permit the
District to meet the educational needs of its students and pay expenses of educational programs and
operation support not funded by the State of Washington, all as more particularly set forth in
Section 3 of this resolution, during such school years, and that it is necessary that a replacement
excess tax levy of $2,329,475 be made in 2020 for collection in 2021, $2,492,539 be made in 2021
for collection in 2022, and $2,667,016 be made in 2022 for collection in 2023 for the District's
General Fund to provide the money required to meet those expenses.
(c) The District's proposed three-year General Fund educational programs and
operation tax levy authorized in this resolution provides for approximately the same educational
programs and operation purposes as the District's expiring two-year General Fund educational
programs and operation tax levy.
(d) Pursuant to Article VII, Section 2(a) of the Washington Constitution and Revised
Code of Washington ("RCW") 84.52.053, the District may submit to its voters at a special election,
for their approval or rejection, a proposition authorizing the District to levy annual excess property
taxes for support of the District's educational programs and operation expenses.
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(e) Prior to the time the ballot proposition authorized in this resolution is submitted to
the voters, the District will have received approval of its educational programs and operation tax
levy expenditure plan from the Office of the Superintendent of Public Instruction under RCW
28A.505.240 as required by RCW 84.52.053(4), a copy of which will be on file with the District
after approval.
Section 2. Calling of Election. The Auditor of Cowlitz County, Washington, as
ex officio Supervisor of Elections (the "Auditor"), is requested to call and conduct a special election
in the manner provided by law to be held in the District on April 28, 2020, for the purpose of
submitting to the District's voters, for their approval or rejection, the proposition authorizing a
replacement General Fund educational programs and operation tax levy on all of the taxable
property within the District (the assessed value of such representing 100% of true and fair value
unless specifically provided otherwise by law) to be made annually for three years commencing in
2020 for collection in 2021 of $2,329,475, the estimated dollar rate of tax levy required to produce
such an amount being $1.50 per $1,000 of assessed value, in 2021 for collection in 2022 of
$2,492,539, the estimated dollar rate of tax levy required to produce such an amount being $1.50
per $1,000 of assessed value, and in 2022 for collection in 2023 of $2,667,016, the estimated dollar
rate of tax levy required to produce such an amount being $1.50 per $1,000 of assessed value, all in
excess of the maximum tax levy allowed by law for school districts without voter approval. The
exact tax levy rate and amount to be collected may be adjusted based upon the actual assessed value
of the taxable property within the District and the limitations imposed by law at the time of the levy.
Section 3. Use of Taxes. If the proposition authorized by this resolution is approved by
the requisite number of voters, the District will be authorized to levy the excess property taxes
provided in this resolution to meet the educational needs of its students and pay expenses of
educational programs and operation support not funded by the State of Washington during the
school years 2020-2021, 2021-2022, 2022-2023 and 2023-2024, all as may be authorized by law
and determined necessary by the Board. Pending the receipt of those taxes, the District may issue
short-term obligations pursuant to chapter 39.50 RCW or contract indebtedness pursuant to RCW
28A.530.080. Upon receipt, the District may use those taxes to repay such short-term obligations or
indebtedness, all as may be authorized by law and determined necessary and advisable by the
Board.
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IN
Section 4. Form of Ballot Title. Pursuant to RCW 29A.36.071, the Cowlitz County
Prosecuting Attorney is requested to prepare the concise description of the aforesaid proposition for
the ballot title in substantially the following form:
PROPOSITION 1
KALAMA SCHOOL DISTRICT NO. 402
REPLACEMENT EDUCATIONAL PROGRAMS AND OPERATION LEVY
The Board of Directors of Kalama School District No. 402 adopted Resolution
No. 2019/20-05, concerning a proposition to finance educational programs and
operation expenses. This proposition would authorize the District to meet the
educational needs of its students by levying the following excess taxes in place of
an expiring levy, on all taxab
District's educational programs
Washington:
Collection Year
2021
2022
2023
property within the District, for support of the
and operation expenses not funded by the State of
Estimated Levy
Rate/$1,000
Assessed Value
Levy Amount
$1.50
$2,329,475
$1.50
$2,492,539
$1.50
$2,667,016
all as provided in Resolution No. 2019/20-05. Should this proposition be approved?
LEVY ... YES ❑ LEVY ... NO ❑
Section 5. Authorization to Deliver Resolution to Auditor and Perform Other
Necessary Duties. The Secretary to the Board (the "Secretary") or his designee is directed to: (a)
present a certified copy of this resolution to the Auditor no later than February 28, 2020; and (b)
perform such other duties as are necessary or required by law to submit to the District's voters at the
aforesaid special election, for their approval or rejection, the proposition authorizing the District to
levy excess property taxes for support of the District's educational programs and operation
expenses.
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 (a) the
Secretary (Eric S. Nerison), telephone: 360.673.5282; fax: 360.673.5228; email:
eric.nerison,kalama.kl2.wa.us; and (b) special counsel, Foster Garvey P.C. (Jim McNeill),
telephone: 206.447.5339; fax: 800.533.2284; email: iim.mcneill.(&foster.com as the individuals to
whom the Auditor shall provide such notice. The Secretary is authorized to approve changes to
the ballot title, if any, determined necessary by the Auditor or the Cowlitz County Prosecuting
Attorney.
Section 7. General Authorization and Ratification. The Secretary, the District's
Business Manager, the Chair of the Board, other appropriate officers of the District and special
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counsel, Foster Garvey P.C., are severally authorized and directed to take such actions and to
execute such documents as in their judgment may be necessary or desirable to effectuate the
provisions of this resolution. All actions taken prior to the effective date of this resolution in
furtherance of and not inconsistent with the provisions of this resolution are ratified and
confirmed in all respects.
Section 8. Severability. If any provision of this resolution is declared by any court of
competent jurisdiction to be invalid, then such provision shall be null and void and shall be
separable from the remaining provisions of this resolution and shall in no way affect the validity of
the other provisions of this resolution, or of the levy or collection of excess property taxes
authorized herein.
Section 9, Effective Date. This resolution takes effect from and after its adoption.
ADOPTED by the Board of Directors of Kalama School District No. 402, Cowlitz
County, Washington, at a regular open public meeting held this 24t` day of February, 2020, the
following Directors being present and voting in favor of the resolution.
A
to the Board of Directors
KALAMA SCHOOL DISTRICT NO. 402
CO OUNTY, WASHINGTON
Chaand Director
Vice Chair and hirector
Dir tar
Director
Director
Me
CERTIFICATION
I, ERIC S. NERISON, Secretary to the Board of Directors of Kalama School District No.
402, Cowlitz County, Washington (the "District"), hereby certify as follows:
1. The foregoing Resolution No. 2019/20-05 (the "Resolution") is a full, true and
correct copy of the Resolution duly adopted at a regular meeting of the Board of Directors of the
District (the "Board") held at its regular meeting place on February 24, 2020, as that Resolution
appears on the minute book of the District, and the Resolution is now in full force and effect; and
2. A quorum of the members of the Board was present throughout the meeting and a
sufficient number of members of the Board present voted in the proper manner for the adoption
of the Resolution.
IN WITNESS WHEREOF, I have hereunto set my hand this 24t` day of February, 2020.
KALAMA SCHO DISTRICT NO. 402
COW�JTZ C TY, WASHINGTON
ERIC S. N�'RISON
Secretary/(o the Board of Directors
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