Commentary on Measure M

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

This campaign was designed by a member of the school bonds cartel. 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.

When you see highlighting in the documents below, hover overCriticalExample commentary. it to see the commentary.

Measure M Question

EARLIMART SCHOOL DISTRICT

M To improve the quality of education for Earlimart students, modernize, construct, and improve classrooms and necessary student support facilities for school and community use, improve health, student safety and security, provide classroom technology infrastructure, and qualify the District for State matching grants, shall the Earlimart School District be authorized to issue up to $6.7 million in bonds at legal interest rates, with annual audits, Citizens' Oversight, and no money for administrator salaries?

BONDS YES
BONDS NO

Impartial Analysis for Measure M

EARLIMART ELEMENTARY SCHOOL DISTRICT

IMPARTIAL ANALYSIS BY TULARE COUNTY COUNSEL
BOND MEASURE M

Section 1(b) of Article XIIIA of the California Constitution permits a school district to seek voter approval to increase ad valorem taxes (those based on property value) above the 1% limit. School districts may ask for voter approval by a two-thirds vote, or by 55% of the voters if the district includes certain additional requirements.

The Earlimart School District is seeking approval of two-thirds of the qualified electors. The District resolution states that some of the requirements for a 55% bond will be used: a special account for the bond proceeds, an annual report to the board, and an independent citizens' oversight committee. The resolution does not include separate annual audits for the bond funds alone, but school districts are required by law to have annual audits of all of their funds.

If two-thirds of the voters voting on the measure vote in favor of the measure, the District will be authorized to incur debt by issuing general obligation bonds for the acquisition and improvement of real property. The proceeds of the bonds will be deposited into a Building Fund to be held by the Tulare County Treasurer as required by law.

The measure provides a "bond project list" on which funds shall be used, including:

• ?? building or upgrading school and classroom facilities and student support facilities;
• ?? upgrading technology infrastructure;
• ?? upgrading HVAC and other systems to increase energy efficiency;
• ?? building or upgrading maintenance facilities and communication systems;
• ?? improvements to lighting, security, and fire alarm systems;
• ?? providing local matching funds;
• ?? deferred maintenance and repairs;
• ?? addressing unforeseen costs due to remodeling; and
• ?? site acquisition, preparation, restoration, or purchase of leased facilities in connection with new construction, renovation, or remodeling of facilities.

The proceeds may not go to any other purpose, including staff or administrator salaries or other school operating expenses.

If the measure is approved, the District will be authorized to increase the ad valorem taxes on property located within the District's boundaries to pay the bond principal, interest, and associated costs. The maximum principal amount of the proposed bond cannot exceed $6,700,000. Education Code section 15102 limits the total bonded indebtedness for an elementary school district to 1.25 percent of the assessed value of the taxable property of the District. The exact effect on tax rates cannot be determined until after the bonds are sold. The interest rate will be established at the time of sale and will depend on market rates at that time.

IMPARTIAL ANALYSIS BY TULARE COUNTY COUNSEL
BOND MEASURE M

The bonds may be issued pursuant to the Education Code or the Government Code. If issued under the Education Code, the maximum term of the bonds is 25 years. If issued under the Government Code, the maximum term of the bonds is 40 years.

This bond measure makes no change to existing law. The electors entitled to vote on this measure are the registered voters within the boundaries of the District. If the measure is not approved by at least two-thirds of the votes cast, the measure will fail and the bonds will not be issued.

KATHLEEN BALES-LANGE
TULARE COUNTY COUNSEL
s/ Barbara Booth Grunwald
Deputy County Counsel

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Argument in Favor of Measure M

EARLIMART ELEMENTARY SCHOOL DISTRICT

ARGUMENT IN FAVOR OF MEASURE M

MEASURE FOR SAFE & QUALITY SCHOOLS

Earlimart is a unique community and, over the years, we have had to rely on our own to provide better schools for our children. Our schools are the key to our children's future. They are also the center of our community as well as the largest source of jobs and resources for our residents.

Despite limited resources, the Earlimart School District has done a good job to provide a strong education and essential facilities to ensure our kids are not left behind. The community has been supportive of funding our schools, but today we have many unmet needs. Some basic infrastructure, including cooling and heating systems at our schools have out-lived their useful life and no longer provide an adequate learning space for our students. In addition, some of our schools are old and in need of modernization to provide the quality learning environment similar to other districts.

Let's support Measure "M" in order to:

1. Modernize and renovate outdated classrooms, including student support facilities for school and community use;
2. Improve student access to classroom technology;
3. Provide health and safety improvements, including a new cooling and heating systems;
4. Make the District eligible to receive approximately $2 million in State matching grants.

Measure "M" provides taxpayer safeguards we can all support:

1. Establishes an independent Citizens' Oversight CommitteeCriticalIndependent? Really? The staff selects the committee. The Board rubber-stamps it. The Board can remove anyone who questions anything that the money is used for. You can be certain that there won't be anyone on the committee who isn't a cheerleader for spending your money on architectural marvels, like the Taj Mahal. to ensure funds are spent on voter-approved school improvements;
2. Requires annual financial audits.

In Earlimart, we value and take pride in our schools. Above all, we know education is one of the most important factors to success. That is why we, along with Philip Nystrom, Jose R Villalobos, and Andres Valdez support Measure "M".

Please join us in voting YES to ensure a better education and future for the children of Earlimart.

Argument Against Measure M

NO ARGUMENT AGAINST THIS MEASURE WAS SUBMITTED

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Full Text of Measure M

EARLIMART ELEMENTARY SCHOOL DISTRICT

FULL TEXT BOND MEASURE M

EARLIMART SCHOOL DISTRICT

BOND PROJECT LIST

1. Modernize, construct, or reconfigure school and classroom facilities to accommodate student enrollment and support the District's education program

2. Modernize, construct, or reconfigure student support facilities, including but not limited to multipurpose rooms, swimming pool, play fields, and shade structures for student shelter and convening

3. Upgrade technology infrastructure including electrical wiring, wireless antennas, connectivity improvements, and necessary network infrastructure improvements throughout the District.

4. Acquire, repair, and replace HVAC, windows, and utilities systems in order to increase energy efficiency and reduce operating costs throughout the District

5. Repair, improve and modernize general building infrastructure, including maintenance facility, new paint, gutters, drains and re-roofing, intercom and communication systems, as necessary

6. Enhance student safety including exterior lighting, security and fire alarm systems, and fencing

7. Provide the local match for State and Federal grants to modernize, construct, and repair school facilities

8. Fund deferred maintenance and repairs pursuant to Education Code Section 17582 et. seq.

9. Address unforeseen conditions revealed by construction/modernization, including site acquisition, preparation, restoration, or purchase of leased facilities in connection with new construction, renovation or remodeling of facilities

10. All or portions of these projects may be used as joint-use projects within the meaning of Section 17077.42(c) of the Education Code (or any successor provision).

Each of the bond projects described in the Bond Project List include the costs of incidental but directly related to the specific projects described above. Examples of such costs include, but are not limited to: costs of design, engineering, architect and other professional services, inspections, site preparation, utilities, landscaping, construction management and other planning and permitting, legal, accounting and similar costs; independent annual financial and performance audits; a customary construction contingency; demolition and disposal of existing structures; rental or construction of storage facilities and other space on an interim basis for materials and other equipment and furnishings displaced during construction; costs of relocating facilities and equipment as needed in connection with the projects; interim classrooms and facilities for students, administrators, and school functions, including modular facilities; federal and state-mandated safety upgrades; addressing unforeseen conditions revealed by construction/modernization and other necessary improvements required to comply with existing building codes, including the Field Act; access requirements of the Americans with Disabilities Act; costs of the electionCriticalThis illustrates how the district will claw back every nickel and dime it can. The agenda says the election costs will come from the general fund. It's an overhead cost explicitly prohibited by the Constitution Article XIII-A Section 1(b)(3)(A) (Proposition 39). "not for any other purpose, including teacher and administrator salaries and other school operating expenses."; bond issuance costs; and project administration during the duration of such projects, as permitted by law.

The scope and nature of any of the specific projects described above may be altered by the District as required by unforeseen conditions that may arise during the course of design and construction. Projects authorized by this measure providing for upgrades, replacement, modernization and/or improvements include new construction, acquisition, expansion, replacement, reconfiguration and/or rehabilitation, as deemed in the best interests of the District by the District Board. In the event that a modernization or renovation project will result in higher costs than relocation and construction, this bond measure authorizes land acquisition, relocation and reconstruction, and all costs relating thereto, for said reasons or based on other considerations deemed in the best interest of the District by the Governing Board. In addition, this measure authorizes the acquisition of interests in real property including necessary rights of way and easements, and joint-use projects with other public entities or nonprofits. In addition, authorized projects include paying and/or prepaying interim financing which may be or have been obtained for said projects such as bond anticipation notes, and includes prepayment of financing lease payments to vest title in the DistrictCriticalThe lawyers never cease creating new language to mask the true intention. This is another way of authorizing lease-leaseback. Lease-leaseback is a method of delivery that avoids competitive bids. Using a lease-leaseback when bond money is available is fraudulent, because there is no need for a lease. See the litigation involving Fresno Unified and Harris Construction about the fraudulent use of lease-leaseback by school districts..

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EARLIMART ELEMENTARY SCHOOL DISTRICT

Approval of the District's bond measure does not guarantee that all of the identified projects within this Bond Project List will be funded beyond what can be completed with local funds generated by the bond measure. The District plans to pursue funds from the State of California, if available, to complete certain of the identified facilities projects. In addition, the issuance of bonds pursuant to this measure depends in part on the assessed valuation of properties in the District and as a result issuance may require approval from the State Department of Education for a waiver of the District's bonding capacity.

The order in which school facilities projects are listed in the Project List does not suggest an order of priority. Project priorities will be determined by the Governing Board. The District is unable to anticipate all unforeseen circumstances which may prevent some of the projects listed above from being undertaken or completed.

54-36 ENG B

Measure M Tax Rate Statement

EARLIMART ELEMENTARY SCHOOL DISTRICT

TAX RATE STATEMENT
BOND MEASURE M

An election will be held in the Earlimart School District (the "District") on November 8, 2016, to authorize the sale of up to $6,700,000 in bonds of the District for the school facilities projects listed in the Bond Project List established by the District, as described in the proposition. If the bonds are authorized, the District expects to sell the bonds in one or more series. Principal and interest on the bonds will be payable from the proceeds of tax levies made upon the taxable property in the District. The following information is provided in compliance with Sections 9400-9404 of the California Elections Code.

(1) The best estimate of the tax rate that would be required to be levied to fund the bonds during the first fiscal year after the first sale of the bonds based on estimated assessed valuations available at the time of filing of this statement, is $0.038 per $100 ($38 per $100,000) of assessed valuation in fiscal year 2017-18.

(2) The best estimate of the tax rate that would be required to be levied to fund the bonds during the first fiscal year after the last sale of the bonds, based on estimated assessed valuations available at the time of filing of this statement, is $0.038 per $100 ($38 per $100,000) of assessed valuation in fiscal year 2020-21.

(3) The best estimate of the highest tax rate that would be required to be levied to fund the bonds, based on estimated assessed valuations available at the time of filing of this statement, is $0.038 per $100 ($38 per $100,000) of assessed valuation.

(4) The best estimate 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 is $13,950,000 ($6,700,000 of principal and $7,250,000 of interest). This estimates is based on assumptions regarding future interest rates and the term, timing, structure and amount of each series of bonds.

Voters should note that such estimated tax rates are specific to the repayment of bonds issued under this authorization and are and will be in addition to tax rates levied in connection with other bond authorizations approved or to be approved by the District or any other overlapping public agency.

Voters should note that estimated tax rate is based on the ASSESSED VALUE of taxable property on Tulare County's official tax rolls, not on the property's market value. Property owners should consult their own property tax bills to determine their property's assessed value and any applicable tax exemptions.

TAX RATE STATEMENT
BOND MEASURE M

Attention of all voters is directed to the fact that the foregoing information is based upon the District's projections and estimates only, which are not binding upon the District. The actual tax rates and the years in which they will apply may vary from those presently estimated, due to variations from these estimates in the timing of bond sales, the amount of bonds sold and market interest rates at the time of each sale, and actual assessed valuations over the term of repayment of the bonds. The dates of sale and the amount of bonds sold at any given time will be determined by the District based on need for construction funds and other factors. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of each sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the Tulare County Assessor in the annual assessment and the equalization process.

Dated: July 5, 2016.
s/Philip Nystrom
Superintendent
Earlimart School District

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