Vote Yes on Kern County Measure M - 2016 general Election
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  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Commentary on Measure M

Are you sure you want vote to support this extravagant measure? It has no accountability.

This campaign was designed by . We figured out just the right words to get you to you to open up your checkbook.

We'd also like to introduce you to our partners -- bond lawyers, brokers, wealthy investors, architects, management firms, construction companies, and trade unions. We all stand to make a ton of money on these bonds. Our profits come right off the top, before a penny is actually spent on improving the facilities.

We're not just doing it for the money. We like to show off our work in Architectural Digest and other places where the rich and famous congregate.

Remember, we've taken a lot of risk. We gave money to get your governing board members elected, so they'd be sure to remember us when we came around for a hand-out later.

It's just business-as-usual, here in sunny Corruptifornia.

Please don't read the fine print. That's just put in by the lawyers to make what we're going to do to for you legal.

  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Measure M Question

EXHIBIT A

"To repair and upgrade facilities at Boron Schools, improve the quality of education with funding that cannot be taken by the State, replace , modernize/construct/renovate outdated classrooms, restrooms, and other school facilities, replace heating/air conditioning systems, make health and safety improvements, and improve student access to modern technology, shall the Muroc Joint Unified School District issue $21,000,000 of bonds at legal rates, with annual audits, and NO money for administrative salaries?"

Bonds -Yes Bonds - No

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Impartial Analysis for Measure M

PR-9013-IA-1

BOND MEASURE M
MUROC JOINT UNIFIED SCHOOL DISTRICT

IMPARTIAL ANALYSIS OF BOND MEASURE M

This Impartial Analysis of Bond Measure M has been prepared by County Counsel for Kern County pursuant to Section 9500 of the California Elections Code.

The Board of Trustees of the Muroc Joint Unified School District ("District") placed Bond Measure M on the ballot. A "Yes" vote by at least fifty-five percent (55%) of the voters voting on this measure will authorize the District to issue bonds to benefit the District in the amount of twenty-one million dollars ($21,000,000).

The bond proceeds may only be used to fund the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities. The measure lists the specific projects for which the proceeds will be used. The proceeds may not be used for any other purposes, including teacher and administrator salaries and other school operating expenses.

The Board of Trustees will conduct financial and performance audits annually and will appoint a citizens' oversight committee to ensure that bond proceeds are spent only on the school facilities projects listed in the measure.

The bonded debt will be a general obligation of the District and will be financed by property taxes levied annually on taxable property located within the District in an amount necessary to pay the annual debt obligation. The Tax Rate Statement included in the measure provides an estimate of the tax rates that will be required to fund the bonds issued.

  Commentary    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Argument in Favor of Measure M

PR-9013-AF-1

ARGUMENT IN FAVOR OF BOND MEASURE M

This Argument in Favor of Bond Measure M was submitted pursuant to Section 9501 of the California Elections Code. It is the opinion of the author(s), and has been printed exactly as submitted.

Our schools are the most important assets in our community and should be our number one priority. From higher achieving students, to greater neighborhood safety and improved property values, quality schools make a difference. While our teachers and staff do their best in educating our children, many classrooms and school facilities at the Muroc Joint Unified School District are outdated and inadequate to provide students with the facilities they need to succeed. This is why our students need your YES vote on Bond Measure M!

Although our schools have been well maintained over the years, aging classrooms and facilities must be upgraded since many do not meet 21st century standards. Bond Measure M would allow the District to improve our local Boron schools and the quality of education provided to local students. By investing in our schools, we can meet today's safety, technological, and educational standards and better our community.

If passed, Bond Measure M will provide funding to make facility improvements at Boron schools by:

  •  Replacing outdated heating, ventilation and air-conditioning systems
  •  Repairing or replacing leaky roofs
  •  Modernizing/renovating outdated classrooms, restrooms and school facilities
  •  Updating inadequate electrical systems
  •  Repairing or replacing deteriorating plumbing systems
  •  Making health, safety and handicapped accessibility improvements

Bond Measure M makes financial sense and protects taxpayers.

  •  All funds must be spent locally and cannot be taken by the State.
  •  By law, spending must be reviewed and annually audited by an independent citizens' oversight committee.
  •  Funds can only be spent to improve our local Boron schools, not for teacher or administrator salaries.

Bond Measure M upgrades and renovates old and inadequate school facilities, improves the education of local students, and maintains the quality of our community. That's something we can all support. Please join us and VOTE YES ON BOND MEASURE M!

s/ Jim Boghosian
Business Operator

s/ Pete Lopez
General Manager

s/ Connie Kostopoulos
Retired Secretary Muroc School Dist/CSEA Past President

s/ James Sommers
Board President

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Argument Against Measure M

ARGUMENT AGAINST BOND MEASURE M

No Argument Against Bond Measure M was filed.

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Full Text of Measure M

EXHIBIT B

FULL TEXT BALLOT PROPOSITION
OF THE MUROC JOINT UNIFIED SCHOOL DISTRICT
BOND MEASURE ELECTION NOVEMBER 8, 2016

The following is the full proposition presented to the voters by the Muroc Joint Unified School District.

"To repair and upgrade facilities at Boron Schools, improve the quality of education with funding that cannot be taken by the State, replace leaky roofs, modernize/construct/renovate outdated classrooms, restrooms, and other school facilities, replace heating/air conditioning systems, make health and safety improvements, and improve student access to modern technology, shall the Muroc Joint Unified School District issue $21,000,000 of bonds at legal rates, with annual audits, independent citizens' oversight committee and NO money for administrative salaries?"

PROJECT LIST

The Board of Trustees of the Muroc Joint Unified School District is committed to improving the quality of education and providing a modern learning environment in local schools with safe, secure and upgraded classrooms which keep pace with 21st Century technologies and learning standards. To that end, in developing the scope of projects to be funded, the Board evaluated the District's urgent and critical facility needs, including safety issues, class size, and computer and information technology. The District evaluated current facilities and received public input in developing this Project List. Teachers, staff, community members and the Board have prioritized key health and safety projects so that the most critical facility needs are addressed.

The Project List includes the following types of upgrades and improvements at the following District schools:

West Boron Elementary School Boron Junior-Senior High School

Basic School Repair and Upgrade Projects

  • • Repair or replace leaky roofs.
  • • Make health and safety improvements, including fire alarms and lighting.
  • • Modernize and renovate outdated classrooms, restrooms, laboratories, libraries and other school facilities.
  • • Repair or replace aging plumbing, electrical, communications, heating and air conditioning systems.
  • • Improve student access to computers and modern technology, including network infrastructure.
  • • Improve student drop-off and pick-up areas, including parking lots.
  • • Repair or replace outdated heating, ventilation and air-conditioning systems.
  • • Improve campus security and safety features, including fencing, gates, lighting, and all associated monitoring and communication systems.
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  • • Renovate and modernize counseling, student services and maintenance facilities and spaces.
  • • Renovate and improve athletic and recreational facilities, including gymnasium, locker rooms, tracks, football stadium, baseball fields, tennis courts, playgrounds and associated bleachers, other seating, press box and lighting for such facilities.
  • • Repair and renovate food service facilities, cafeterias, kitchens, and related facilities.
  • • Improve accessibility for students with disabilities.
  • • Ensure safe drinking water for students.

* * *

The listed projects will be completed . is assumed to include its share of furniture, equipment, architectural, engineering, and similar planning costs, program/project management, staff training expenses and a customary contingency for unforeseen design and construction costs. In addition to the listed projects stated above, the Project List also includes the acquisition of a variety of instructional, maintenance and operational equipment, and interim or bridge funding incurred to advance fund projects from the Project List; installation of signage and fencing; payment of the costs of preparation of all facility planning, facility studies, assessment reviews, facility master plan preparation and updates, environmental studies (including environmental investigation, remediation and monitoring), design and construction documentation, and temporary housing of dislocated District activities caused by construction projects. In addition to the projects listed above, the repair and renovation of each of the existing school facilities may include, but not be limited to, some or all of the following: repair and replace heating/boiler, plumbing, gas, water/sewer, drainage and ventilation systems; renovate student and staff restrooms; acquire land and facilities for educational and administrative purposes; improve outdoor learning spaces and shade structures; repair and replace worn-out roofs, windows, walls, doors, doorframes and drinking fountains; improve school facilities for disability access; install or upgrade wiring and electrical systems to safely accommodate computers, technology and other electrical devices and needs; upgrade or construct classroom and support facilities, including administrative, physical education, warehousing, wood shop, cafeteria, multipurpose rooms, classrooms, auditorium, science building, media centers and maintenance yards; replace portable classrooms; repair and replace fire alarms, emergency communications, intercoms, and security systems; resurface or replace hard courts, asphalt, turf and drainage/irrigation systems and campus landscaping; improve or expand parking and traffic circulation flow; enhance fire and maintenance access roads; interior and exterior painting and floor covering; or replace; construct various forms of storage and support spaces; upgrade classrooms; repair, upgrade or install interior and exterior lighting systems; improve or construct gymnasium, locker rooms, wrestling rooms, athletic fields/stadiums/pools/ courts, restrooms lockers, tracks, bleachers and concession areas; construct tennis courts; improve handicapped accessibility; replace outdated security fences and security systems. The upgrading of technology infrastructure includes, but is not limited to, servers, switches, routers, network security/firewall, wireless technology systems and other miscellaneous equipment. The allocation of bond proceeds will be affected by the final costs of each project. The District may not be able to complete some of the projects listed above. The budget for each project is an estimate and may be affected by factors beyond the District's control. Some projects throughout the District, such as gyms, fields and performing arts facilities, may be undertaken as joint use projects in B-2
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cooperation with other local public or non-profit agencies. The final cost of each project will be determined as plans and construction documents are finalized, construction bids are received, construction contracts are awarded and projects are completed. The allocation of bond proceeds may be affected by the District's receipt of State matching funds and the final costs of each project. Based on the final costs of each project, certain of the projects described above may be delayed or may not be completed. Demolition of existing facilities and reconstruction of facilities scheduled for repair and upgrade may occur, if the Board determines that such an approach would be more cost-effective in creating more enhanced and operationally efficient campuses. Necessary site preparation/restoration or geological stabilization may occur in connection with new construction, renovation or remodeling, or installation or removal of relocatable classrooms, including ingress and egress, removing, replacing, or installing irrigation, utility lines, trees and landscaping, relocating fire access roads, and acquiring any necessary easements, licenses, or rights of way to the property.

Bond proceeds shall only be expended for the specific purposes identified herein. The District shall create an account into which proceeds of the bonds shall be deposited and comply with the reporting requirements of Government Code§ 53410.

FISCAL ACCOUNTABILITY: IN ACCORDANCE WITH EDUCATION CODE SECTION 15272, THE BOARD OF TRUSTEES WILL APPOINT A CITIZENS' OVERSIGHT COMMITTEE AND CONDUCT ANNUAL INDEPENDENT AUDITS TO ASSURE THAT FUNDS ARE SPENT ONLY ON DISTRICT PROJECTS AND FOR NO OTHER PURPOSE. THE EXPENDITURE OF BOND MONEY ON THESE PROJECTS IS SUBJECT TO STRINGENT FINANCIAL ACCOUNTABILITY REQUIREMENTS. BY LAW, PERFORMANCE AND FINANCIAL AUDITS WILL BE PERFORMED ANNUALLY, AND ALL BOND EXPENDITURES WILL BE MONITORED BY AN INDEPENDENT CITIZENS' OVERSIGHT COMMITTEE TO ENSURE THAT FUNDS ARE SPENT AS PROMISED AND SPECIFIED. THE CITIZENS' OVERSIGHT COMMITTEE MUST INCLUDE, AMONG OTHERS, REPRESENTATION OF A BONA FIDE TAXPAYERS ASSOCIATION, A BUSINESS ORGANIZATION AND A SENIOR CITIZENS ORGANIZATION. NO DISTRICT EMPLOYEES OR VENDORS ARE ALLOWED TO SERVE ON THE CITIZENS' OVERSIGHT COMMITTEE.

NO ADMINISTRATOR SALARIES: PROCEEDS FROM THE SALE OF THE BONDS AUTHORIZED BY THIS PROPOSITION SHALL BE USED ONLY FOR THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, REHABILITATION, OR REPLACEMENT OF SCHOOL FACILmES, INCLUDING THE FURNISHING AND EQUIPPING OF SCHOOL FACILillES, AND NOT FOR ANY OTHER PURPOSE, INCLUDING TEACHER AND SCHOOL ADMINISTRATOR SALARIES AND OTHER OPERATING EXPENSES.

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Measure M Tax Rate Statement

PR-9013-TR-1

TAX RATE STATEMENT FOR BOND MEASURE M

An election will be held in the Muroc Joint Unified School District (the "District") on November 8, 2016 to authorize the sale of up to $21,000,000 in general obligation bonds. The following information is submitted in compliance with Sections 9400-9404 of the California Elections Code.

1. The best estimate of the tax rate that would be required to fund this bond issue during the first fiscal year after the sale of the first series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is $.06000 per $100 ($60.00 per $100,000) of assessed valuation in fiscal year 2017-18.

2. The best estimate of the tax rate that would be required to fund this bond issue during the first fiscal year after the sale of the last series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is $.06000 per $100 ($60.00 per $100,000) of assessed valuation in fiscal year 2022-23.

3. The best estimate of the highest tax rate that would be required to fund this bond issue, based on estimated assessed valuations available at the time of filing this statement, is $.06000 per $100 ($60.00 per $100,000) of assessed valuation. This vote is projected to apply in each fiscal year that the bonds are outstanding.

4. The best estimate from official sources of the total debt service, including the principal and interest, that would be required to be repaid if all the bonds are issued and sold will be approximately $46,900,000.

These estimates are based on projections derived from information obtained from official sources. The actual tax rates and the years in which they will apply may vary depending on the timing of bond sales, the amount of bonds sold at each sale and actual increases in assessed valuations. The timing of the bond sales and the amount of bonds sold at any given time will be determined by the needs of the District. Actual assessed valuations will depend upon the amount and value of taxable property within the District as determined in the assessment and the equalization process.

Dated: June 8, 2016
s/ Michael L. McCoy Ph.D.
Superintendent
Muroc Joint Unified School District

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Measure M Agenda Description

Agenda of June 8, 2016 (complete item)

K. Resolution 6-16-03, Ordering an Election and Establishing Specifications of the

Election Order: Sherman Burkhead Jr. moved, Casie Tucker seconded, to adopt Resolution 6-16-03, Ordering an Election and Establishing Specifications of the Election Order. A General Obligation Bond for Boron and North Edwards residents will be placed on the November 2016 ballot. (Motion approved; vote: 5-0)

Vote: Burkhead Ave James Ave Marchlewicz Ave Swindlehurst Ave Tucker~

L. Agreement with Stradling Yocca Carlson & Rauth for Bond Legal Services: Chuck James II moved, Ross Swindlehurst seconded, to approve the Agreement with Stradling Yocca Carlson & Rauth for Bond Legal Services. (Motion approved; vote: 5-0)

Vote: Burkhead Ave James~ March/ewicz ~ Swindlehurst Ave Tucker~

MUROC JOINT UNIFIED SCHOOL DISTRICT

Board Meeting Background Material

Action Agenda Item

Board of Trustees

Michael L. McCoy Ph.D., Superintendent

MEETING DATE: June 8, 2016

AGENDA ITEM: Adoption of Resolution 6-16-03, Ordering an Election, and Establishing Specifications of the Election Order

BACKGROUND: The Administration and Board of Trustees has determined that school facilities within the district need to be improved, constructed, and equipped to support students in preparation for college and future careers.

RECOMMENDATION: It is recommended that the Board adopt Resolution 6-16-03, ordering an election, and establishing specifications of the election order.

Muroc

Joint Unified School District

Agreement/Contract Action Agenda Item Coversheet

To:

From:

Date:

Board of Trustees

Trevor Walker, CBO

June 8, 2016

Agenda Item: Approval of Agreement for Bond Legal Services

Vendor/Contractor Name

Stradling Yocca Carlson & Rauth

Contract Title/Name

Bond Counsel Agreement

Description of Agreement

Date Contract Received

June 2, 2016

Contract Effective Dates

June 9, 2016 until termination

Agreement to provide legal services as related to the bond

Renewal Clause

None

Payment Terms

Payable at time of delivery

Total Cost

$42,500 bond counsel fee per series of bonds
$20,000 per series of bonds (expectation of three series)
$250 per hour for "pre-election" services

Budgeted Item

No

Termination Clause

30 days written notice

Out of pocket expenses, not to exceed $3,000 per series of bonds

Contingent upon successful election and issuance of bonds

Comments

To the Board for approval

Recommendation: Approval of Agreement

Reviewed by the Trevor Walker, CBO

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KERRIGAN R. BENNETT

DIRECT DIAL: (415) 283-2250

KBENNETT@SYCR.COM

STRADLING YOCCA CARLSON & RAUTH

A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW

44 MONTGOMERY STREET, SUITE 4200

SAN FRANCISCO, CA 94104

TELEPHONE (415) 283-2240

FACSIMILE (415) 283-2255

BOND COUNSEL AGREEMENT

NEWPORT BEACH

(949) 725-4000

SAN DIEGO

(858) 926-3000

SANTA BARBARA

(805) 730-6800

SANTA MONICA

(424) 214-7000

SACRAMENTO

(916) 449-2350

RENO

(775)393-1950

DENVER

(720) 616-6974

SEATTLE

(206) 922-2945

THIS AGREEMENT, entered into as of the 9th day of June 2016 by and between the MUROC

JOINT UNIFIED SCHOOL DISTRICT (the "District"), a school district duly organized and existing under and pursuant to the laws of the State of California, and the law firm of STRADLING YOCCA

CARLSON & RAUTH, a Professional Corporation ("Bond Counsel").

WITNESSETH:

WHEREAS, the District desires to be provided with bond counsel services in connection with the District's potential solicitation of voter approval in November 2016 and for issuance of general obligation bonds (the "Bonds");

NOW, THEREFORE, the District and Bond Counsel do mutually agree as follows:

1. Bond Counsel shall provide the necessary legal services in connection with the authorization, sale and consummation of the financing proceedings. Such services shall include the following:

Pre-Election Services a. confer with the District on the legal issues relating to the voter survey; b. draft the resolution necessary to call the bond election; c. confer with and advise the District as to the ballot measure, tax rate statement and ballot statements; d. confer and consult with the officers and administrative staff of the District,

Kern County and San Bernardino County to the procedures applicable to such election proceedings and as to any other matters relating to proper placing of a measure on the ballot; e. attend all meetings of the District, as well as any administrative meetings at which the election proceedings are to be discussed, when requested to attend or when attendance is deemed necessary for the proper planning or conduct of the election proceedings.

Post-Election Services a. prepare all resolutions (of the District and Kern County), and other legal documents necessary for the proper conduct of the financing proceedings; b. prepare, review and explain to the District relevant tax certificates, including all rebate requirements; c. prepare the arbitrage certificate, the signature and incumbency certificate and all other certificates and closing documents required to accompany delivery of the Bonds; d. provide the legal opinion that the interest borne by the Bonds is excludable from Federal income taxes and State of California personal income taxes and approving in all regards the legality of all proceedings for the authorization, sale and delivery of the Bonds relating to the financing; e. prepare the Preliminary and Final Official Statement and advise the District as to their compliance with applicable securities laws; f. deliver advice on ongoing disclosure requirements and prepare certificates and agreements required to comply with all applicable federal securities laws; g. assist the District in preparing for rating agency presentations, and attend all rating agency and bond insurance company presentations in connection with the Bonds; h. engage in negotiations with the bond insurance companies over the terms of any bond insurance commitment;

1. provide all other necessary services generally expected of Bond Counsel not listed above; j. prepare and provide a complete transcript of the conduct of the proceedings necessary to accompany delivery of the Bonds; and k. prepare formation documents of a Citizens' Oversight Committee, attend meeting of such committee and advise the District and Committee on all Proposition 39 requirements;

I. answer follow-up questions relating to the Bond issuance after the closing for no fee.

2. Bond Counsel shall assign primary responsibility for providing these services to

Kerrigan R. Bennett.

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3. Payment of any fee to Bond Counsel is contingent on the successful election and issuance of bonds. Based upon an expectation that the Bonds will be issued in three series of roughly equal aggregate principal amounts, Bond counsel shall charge a fee of $42,500 for each series of Bonds issued.

As disclosure counsel Bond Counsel will prepare both the Official Statement for the bonds and provide other services described herein. For preparation of the Official Statement, Bond Counsel shall charge a fixed fee of $20,000 per series of bonds. This fee for the Official Statement is in addition to the fee for acting as Bond Counsel.

To the extent the District requests Bond Counsel to provide "pre-election" services not directly related to the legal requirements to place a measure on the ballot, Bond Counsel shall charge $250 per hour for the provision of such service. These services shall comply with the requirements of the law and any fees with said services shall not be paid from the proceeds of any bonds issued.

In addition to the fees described above, Bond Counsel shall be reimbursed for all out-of-pocket expenses. Out-of-pocket expenses include word processing, photocopying, travel, express mail charges and the like. Expenses per series of Bonds will not exceed $3,000 without the prior consent of the District. If the ballot measure authorizing the bond does not receive the requisite votes, Bond

Counsel shall not charge any fee for time or out-of-pocket disbursements.

4. Except as otherwise provided for herein, such aforesaid fees are payable at the time of delivery of the financing documents and consummation of the financing and are expected to be paid from the proceeds of the financing.

5. Bond Counsel warrants that no person has been employed to solicit or secure this contract upon any agreement for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give the District the right to terminate this contract, or in its discretion to deduct from the Bond Counsel's fee. The foregoing rights are not intended to limit other remedies available to the District in the event of a breach contemplated by this Section 5, nor is it intended to limit the right to terminate this contract to a breach contemplated by this section.

6. Bond Counsel shall not assign or transfer any interest in this contract except that claims for moneys due or to become due under the contract may be assigned to a bank, trust company, or other financial institution.

7. This Agreement shall also govern the issuance of any refunding bonds issued to refund the Bonds.

8. Bond Counsel shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin, marital status, or physical handicap. Bond Counsel shall take affirmative action to ensure that applicants are employed, and employees are treated during employment, without regard to race, color, religion, sex, age, national origin, marital status, or physical handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

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9. The term of this Agreement shall commence as of the date hereof and extend until termination by Bond Counsel or the District. This Agreement may be terminated by either party with or without cause following 30 days written notice of such termination.

10. Bond Counsel represents numerous underwriters of California municipal bonds. The

District hereby provides its informed written consent to Bond Counsel's representation of any underwriter or purchaser of the Bonds on matters unrelated to the Bonds.

11. It is expressly understood and agreed by both parties that Bond Counsel is an independent contractor and not an officer, agent or employee of the District.

IN WITNESS WHEREOF, the District and Bond Counsel have executed this Agreement the day and year first above written.

STRADLING YOCCA CARLSON &RAUTH, a Professional Corporation

By: ___________ _

Kerrigan R. Bennett

Shareholder

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MUROC JOINT UNIFIED SCHOOL DISTRICT

By: __________ _

Michael L. McCoy, Ph.D.,

Superintendent

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Measure M Resolution

RESOLUTION NO. 6-16-03

RESOLUTION OF THE BOARD OF TRUSTEES OF THE MUROC
JOINT UNIFIED SCHOOL DISTRICT ORDERING AN
ELECTION, AND ESTABLISHING SPECIFICATIONS OF THE
ELECTION ORDER

WHEREAS, the Board of Trustees (the "Board'') of the Muroc Joint Unified School District (the "District'') has determined that certain school facilities within the District need to be acquired, constructed, improved, and equipped in a fiscally prudent manner to enable District to enhance the educational opportunities of its students and prepare them for college and future careers; and

WHEREAS, the Board believes that, in order improve the quality of education, and provide safe and healthy learning environments for students, basic repairs to our schools continue to be needed, include repairing of leaky roofs and windows, providing safe drinking water, removing asbestos and lead paint, upgrading plumbing and water systems, and updating instructional technology;

WHEREAS, the State of California (the "State'') is not providing the District with enough funding for the District to adequately maintain its educational facilities and academic programs; and

WHEREAS, the Board has concluded that the District's only remedy to avoid undermining its educational programs is to secure local funding that the State cannot take away; and

WHEREAS, the Board has received information regarding the possibility of a local bond measure and its bonding capacity; and

WHEREAS, a local measure will help provide funds that cannot be taken away by the State to upgrade aging schools, protect student safety, and help the District to qualify State matching funds; and

WHEREAS, the Board and District has solicited stakeholder and community input on school priorities from parents, teachers, staff, the community and civic leaders; and

WHEREAS, the Board determines that all funds from this measure shall be controlled locally, and be subject to mandatory taxpayer protections, including an independent citizens' oversight committee and audits to ensure funds are spent properly; and

WHEREAS, on November 7, 2000, the voters of California approved the Smaller Classes, Safer Schools and Financial Accountability Act C'Proposition 39'') which reduced the voter threshold for ad valorem tax levies used to pay for debt service or bonded indebtedness to 55% of the votes cast on a school district general obligation bond; and

WHEREAS, concurrent with the passage of Proposition 39, Chapter 1.5, Part 10, Division 1, Title 1 (commencing with Education Code Section 15264) (the "Act'') became operative and established requirements associated with the implementation of Proposition 39; and

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WHEREAS, the Board desires to make certain findings herein to be applicable to this election order and to establish certain performance audits, standards of financial accountability and citizen oversight that are contained in Proposition 39 and the Act; and

WHEREAS, the Board desires to authorize the submission of a proposition to the District's voters at an election to authorize the issuance of bonds to pay for certain necessary improvements and enhancements to District educational facilities; and

WHEREAS, pursuant to Education Code Section 15270, based upon a projection of assessed property valuation, the Board has determined that, if approved by voters, the tax rate levied to meet the debt service requirements of the bonds proposed to be issued will not exceed the Proposition 39 limits per year per $100,000 of assessed valuation of taxable property; and

WHEREAS, Elections Code Section 9400 et seq. requires that a tax rate statement be contained in all official materials relating to the election, including any ballot pamphlet prepared, sponsored, or distributed by the District; and

WHEREAS, the Board desires to authorize the filing of a ballot argument in favor of the proposition to be submitted to the voters at the election; and

WHEREAS, pursuant to the Elections Code, it is appropriate for the Board to request consolidation of the election with any and all other elections to be held on Tuesday, November 8, 2016, and to request each of the Kern County Registrar of Voters and the San Bernardino County Registrar of Voters to perform certain election services for the District;

NOW THEREFORE, THE BOARD OF TRUSTEES OF THE MUROC JOINT UNIFIED SCHOOL DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. That the Board, pursuant to Education Code Sections 15100 et seq. (including Sections 15300 et seq.), 15264 et seq., and Government Code Section 53506, hereby requests each of the Kern County Registrar of Voters and the San Bernardino County Registrar of Voters to conduct an election under the provisions of the Proposition 39 and the Act and submit to the electors of the District the question of whether bonds of the District in the aggregate principal amount of $21,000,000 (the "Bonds'') shall be issued and sold for the purpose of raising money for the purposes described in Exhibit A hereto.

Section 2. That the date of the election shall be November 8, 2016.

Section 3. That the purpose of the election shall be for the voters in the District to vote on a proposition, a copy of which is attached hereto and marked Exhibit "A", incorporated by reference herein, and containing the question of whether the District shall issue the Bonds to pay for improvements to the extent permitted by such proposition. In compliance with Proposition 39 and the Act, the ballot propositions in Exhibit "A" and "B" are subject to the following requirements and determinations:

  1. (a) the proceeds of the sale of the Bonds shall be used only for the purposes set forth in the ballot measure and not for any other purpose, including teacher or administrator salaries or pension or other school operating expenses;
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  3. (b) that the Board, in establishing the projects set forth in Exhibit "B", evaluated the safety, class size reduction, classroom, educational, and information technology within the District, as well as the importance of the projects to student achievement and high quality instruction;
  4. (c) that the Board shall cause an annual, independent performance audit to be conducted to ensure that the Bond monies get spent only for the projects identified in Exhibit "B" hereto;
  5. (d) that the Board shall cause an annual, independent financial audit of the proceeds from the sale of Bonds to be conducted until all of the Bond proceeds have been expended;
  6. (e) that the Board will cause the appointment of a Citizens' Oversight Committee in compliance with Education Code Section 15278 no later than 60 days after the Board enters the election results in its minutes pursuant to Education Code Section 15274. The Citizens' Oversight Committee shall consist of at least seven (7) members and at no time consist of less than seven (7) members, with the possible exception of brief periods to fill any unexpected vacancies. The Citizens' Oversight Committee may not include any employee or official of the District or any vendor, contractor or consultant of the District. The Citizens' Oversight Committee shall include all of the following: One (1) member who is active in a business organization representing the business community located within the District; One (1) member who is active in a senior citizens' organization; One (1) member who is active in a bona fide taxpayer association; One (1) member who is a parent of a child in the District schools; One (1) member is both a parent of a child in the District schools and active in a school site council or PTA. In furtherance of its specifically enumerated purposes, the Citizens' Oversight Committee may engage in any of the following activities relating solely and exclusively to the expenditure of the Proposition 39 bond proceeds:
    1. (i) Inspect District facilities and grounds to ensure that Proposition 39 bond proceeds are expended in compliance with applicable law;
    2. (ii) Receive and review copies of all deferred maintenance proposals or plans developed by the District;
    3. (iii) Review efforts of the District to maximize Proposition 39 bond revenues by implementing cost-saving programs;
    4. (iv) Receive and review copies of the annual, independent financial and performance audits performed by independent consultant(s);
    5. (v) Receive from the Board, within three months of the District receiving the above-described audits, responses to any and all findings, recommendations, and concerns addressed in said audits, and review said responses; and
  7. (f) that the tax levy authorized to secure the Bonds of this election shall not exceed the Proposition 39 limits per $100,000 of taxable property in the District when assessed valuation is projected by the District to increase in accordance with Article XIIIA of the California Constitution.

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Section 4. That the authority for ordering the election is contained in Education Code Section 15100 et seq. and Section 15264 et seq., and Government Code Section 53506.

Section 5. That the authority for the specifications of this election order is contained in Education Code Section 5322.

Section 6. That each of the Kern County Registrar of Voters, the Kern County Board of Supervisors, the San Bernardino County Registrar of Voters, and the San Bernardino County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on November 8, 2016, within the District. Pursuant to Elections Code Section 10403 the Board acknowledges that the consolidation election will be held and conducted in the manner prescribed in Elections Code Section 10408.

Section 7. That the Secretary of the Board is hereby directed to deliver a certified copy of this Resolution to both the Kern County Registrar of Voters and the San Bernardino County Registrar of Voters no later than August 12, 2016.

Section 8. That the Bonds shall be issued pursuant to Education Code Section 15264 et seq. or pursuant to Government Code Section 53506. The maximum rate of interest on any Bond shall not exceed the maximum rate allowed by Education Code Sections 15140 to 15143, as modified by Government Code Section 53531.

Section 9. That the Board requests the governing body of any such other political subdivision, or any officer otherwise authorized by law, to partially or completely consolidate such election and to further provide that the canvass of the returns of the election be made by anybody or official authorized by law to canvass such returns, and that the Board consents to such consolidation. The Board further authorizes the submission of a tax rate statement and primary and rebuttal arguments, as appropriate, to be filed with both the Kern County Registrar of Voters and the San Bernardino County Registrar of Voters by the established deadlines.

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Section 10. Pursuant to Education Code Section 5303 and Elections Code Section 10002, the Boards of Supervisors of both Kern County and San Bernardino County are requested to permit respective the Registrars of Voters to render all services specified by Elections Code Section 10418 relating to the election, for which services the District agrees to reimburse both Kern County and San Bernardino County, such services to include the publication of a Formal Notice of School Bond Election and the mailing of the sample ballot and tax rate statement (described in Elections Code Section 9401) pursuant to the terms of Education Code Section 5363 and Elections Code Section 12112.

ADOPTED, SIGNED AND APPROVED this 8th day of June, 2016.

BOARD OF TRUSTEES OF THE MUROC JOINT
UNIFIED SCHOOL DISTRICT

By
President

Attest:

Secretary

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STATE OF CALIFORNIA )
)ss
KERN COUNTY )

I, Michael McCoy, do hereby certify that the foregoing is a true and correct copy of Resolution No. 6-16-03, which was duly adopted by the Board of Trustees of the Muroc Joint Unified School District at the meeting thereof held on the 8th day of June, 2016, and that it was so adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

Secretary

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