King County Local Voters' Pamphlet

60% yes vote and a minimum turnout of 4,240 voters (Wash. Const. art. VII, sec. 2(b)).

FIRE PROTECTION DISTRICT NO. 2

KING COUNTY, WASHINGTON

RESOLUTION 2008-03

A RESOLUTION of the Board of Fire Commissioners of Fire Protection District No. 2, King County, Washington, providing for the submission to the voters of the District at an election to be held therein on November 4, 2008, in conjunction with the State general election to be held on the same date, of a proposition authorizing the incurring of general indebtedness in the sum of not to exceed $25,000,000 (or such lesser maximum amount as may be legally issued under the laws governing the limitation of indebtedness) for the purpose of paying the cost of purchasing property, renovating, upgrading or replacing, and equipping, fire stations, and purchasing fire fighting and life saving equipment; authorizing the issuance of general obligation bonds evidencing such indebtedness, and the principal of and interest thereon to be payable from annual property tax levies to be made in excess of regular property tax levies.

BE IT RESOLVED BY THE BOARD OF FIRE COMMISSIONERS OF FIRE PROTECTION DISTRICT NO. 2, KING COUNTY, WASHINGTON, as follows:

Section 1. The Board of Fire Commissioners (the “Board”) of Fire Protection District No. 2, King County, Washington (the “District”) hereby finds and declares that the public interest, health, welfare, safety and convenience require that the District purchase property, renovate, upgrade or replace, and equip, fire stations, and purchase fire fighting and life saving equipment, and pay incidental costs incurred in connection with carrying out and accomplishing the foregoing pursuant to RCW 52.16.080 and RCW 39.46.070 (the “Project”). Such costs include, but are not limited to, costs related to the sale, issuance and delivery of the Bonds; payments for fiscal and legal expenses; obtaining ratings and bond insurance; printing, advertising, establishing and funding accounts; necessary and related engineering, architectural, planning, consulting, inspection and testing costs; administrative and relocation expenses; site acquisition and improvement; demolition; on and off-site utilities and road improvements; and other similar activities or purposes, all as deemed necessary or advisable by the Board.

The Board may modify details of the Project where deemed necessary or advisable by the Board and make additional capital improvements as it may find necessary or advisable. The Project, or any portion or portions thereof, shall be made insofar as is practicable with available money and in such order of time as shall be deemed necessary or advisable by the Board. The Board shall determine the application of available money between the various parts of the Project so as to accomplish, as near as may be, all of the Project. The Board shall determine the exact order, extent and specifications for the Project. The Project is to be more fully described in the specifications to be prepared by the District’s architects and engineers and to be filed with the District. The estimated cost of carrying out the Project specified and adopted in this Section 1 herein is declared to be, as nearly as may be, the amount of $25,000,000.

Section 2. The Bonds, if approved and issued, shall be sold in such amounts and at such time or times as deemed necessary or advisable by the Board and as permitted by law, shall bear interest at such rate or rates (not to exceed the maximum provided by law at the time the Bonds are sold) and in such manner as the Board shall determine at the time the Bonds are sold, and shall mature in such amounts as determined by the Board within a maximum term of not to exceed 20 years from the date of issue, but may mature at an earlier date or dates as authorized by the Board and as provided by law. The Bonds may be issued as a single issue, as a part of a combined issue with other authorized bonds, or in more than one series. The Bonds shall be unlimited tax general obligation bonds 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 in excess of regular property tax levies upon all the taxable property within the District without limitation as to the rate or amount but only in amounts sufficient to meet the payment of principal and interest on the Bonds as they come due. The designation of the Bonds may be changed to reflect the actual date of issuance. The exact date, form, term and maturity of the Bonds shall be hereafter fixed by resolution of the Board. Pending the issuance of the Bonds, the District may issue short-term obligations pursuant to chapter 39.50 RCW or such other obligations as are permitted by law to pay for the costs of the Project. Such obligations may be paid or refunded with the proceeds of the Bonds.

Section 3. The Board declares that to the extent, prior to the date bonds or other obligations are issued to finance the Project, the District shall make capital expenditures for the Project from funds that are not (and are not reasonably expected to be) reserved, allocated on a long-term basis or otherwise set aside by the District under its existing and reasonably foreseeable budgetary and financial circumstances to finance the Project, those capital expenditures are intended to be reimbursed out of proceeds of the bonds or other obligations issued in an amount not to exceed the principal amount of the bonds provided by this resolution.

Section 4. The cost of the Project shall be paid from the proceeds of the sale, issuance and delivery of the Bonds, if the proposition specified in Section 6 below is approved by the voters of the District as required by the Washington Constitution and the laws of the State. In the event the District has other legally available money or there are Bond proceeds (or interest earnings thereon) remaining after the Project has been completed or duly provided for, the Board retains the right to make such additional capital improvements as are deemed necessary or advisable by the Board and as permitted by law. If in the opinion of the Board, the needs of the District change in a manner that results in a circumstance wherein any portion of the Project is not required or feasible, the Board retains the right not to acquire, construct and install such capital improvements and to reallocate the money originally contemplated therefore to other capital improvements deemed more necessary or advisable by the Board, to pay principal of or interest on the Bonds, or to otherwise modify details of the Project where deemed necessary or advisable by the Board. In the event the proceeds of the sale of the Bonds and other legally available money are insufficient to make all the capital improvements herein provided for, the District shall use the available money for paying the costs of those improvements for which Bonds were approved and deemed necessary or advisable by the Board.

The funds derived from the sale of the Bonds shall be used, either with or without additional funds now available or hereafter available to the District, for capital purposes only, which shall not include the replacement of equipment. The Project, or any portion or portions thereof, shall be acquired insofar as is practicable with the capital funds available and in such order of time, with such specifications and at such locations as shall be deemed advisable by the Board.

Section 5. The Director of Records and Elections of King County, Washington, as ex officio Supervisor of Elections (the “Auditor”), is requested to call and conduct a special election in the District, in the manner provided by law, to be held therein on November 4, 2008, in conjunction with the State general election, for the purpose of submitting to the District’s voters, for their approval or rejection, the proposition of whether or not the District shall issue the Bonds to pay costs of the Project and levy annual excess property taxes to pay and retire the Bonds.

Section 6. Pursuant to RCW 29A.36.071, the King County Prosecuting Attorney is requested to prepare the concise description of the aforesaid proposition for the ballot title in substantially the following form:

FIRE PROTECTION DISTRICT NO. 2

PROPOSITION NO. 1

BONDS TO CONSTRUCT NEW FIRE STATIONS AND

ACQUIRE FIREFIGHTING AND LIFE SAVING EQUIPMENT

The Board of Fire Commissioners of Fire Protection District No. 2 adopted Resolution No. 2008-03 concerning financing fire stations and fire fighting and lifesaving equipment. This proposition would authorize the District to purchase property, renovate, upgrade or replace, and equip, fire stations, and purchase fire fighting and life saving equipment. The District would issue up to $25,000,000 of general obligation bonds maturing within twenty (20) years to pay for such improvements; and levy annual excess property taxes to pay and retire the bonds, all as provided in Resolution No. 2008-03. Should this proposition be:

APPROVED---------------|__|

REJECTED----------------|__|

Section 7. The Secretary to the Board or his designee is directed to (a) present a certified copy of this resolution to the Auditor at least 52 days prior to the date of such special election, 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 of whether or not the District shall issue the Bonds to pay costs of the Project and levy annual excess property taxes to pay and retire the Bonds.

Section 8. If any provision of this resolution shall be 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, of the Bonds, or of the levy or collection of the taxes pledged to pay and retire the Bonds.

Section 9. For purposes of receiving notice of the exact language of the ballot title required by RCW 29A.36.080, the Board hereby designates the Secretary to the Board as the individual to whom the Auditor shall provide such notice. The Chairman of the Board and Secretary of the District are each authorized individually to approve changes to the ballot title, if any, deemed necessary by the Auditor or the King County Prosecuting Attorney.

Section 10. The preparation and distribution of a local voters’ pamphlet providing information on the foregoing ballot measure is hereby authorized. The pamphlet shall include arguments advocating approval and disapproval of the ballot measure. In accordance with RCW 29A.32.280, the arguments advocating approval and disapproval of the ballot shall be prepared by committees appointed by the Board by motion not later than forty-five days before the publication of the pamphlet. Each committee shall be composed of not more than three persons, and the committee advocating approval shall be composed of persons known to favor the ballot title and the committee advocating disapproval shall be composed of persons known to oppose the ballot title.

Section 11. 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 severable from the remaining provisions of this resolution, and shall in no way affect the validity of the other provisions of this resolution or of any other resolution or of the Bonds.

Section 12. This resolution shall become effective immediately upon its adoption.

ADOPTED and APPROVED by the Board of Fire Commissioners of Fire Protection District No. 2, King County, Washington, at a special open public meeting thereof, [of which due notice was given as provided by law,] this 11 day of August, 2008, the following Commissioners being present and voting.

Gary Hobbick (signed)

Chairman and Commissioner

Chris Elwell (signed)

Commissioner

Ted Sitterley (signed)

Commissioner