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Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate
Are you sure you want vote to support this extravagant measure? It has no accountability.
This campaign was designed by TBWB Strategies. 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
Shall the district be authorized to issue and sell bonds of up to $25 million in aggregate principal amount to provide financing for the specific school facilities projects listed in the Bond Project List, and in order to qualify to receive State matching grant funds, subject to all of the accountability safeguards specified?
Bonds - Yes Bonds – No
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate
COUNTY COUNSEL'S IMPARTIAL ANALYSIS OF
BOND MEASURE A
ANALYSIS BY THE COUNTY COUNSEL OF A
CHABOT-LAS POSITAS COMMUNITY COLLEGE
DISTRICT BOND MEASURE
Measure E, an Albany Unified School District ("District") bond measure, seeks voter approval to authorize the District to issue twenty-five million dollars ($25,000,000.00) of bonds at legal rates. The primary purpose of the bonds is to finance school facilities projects as specified in the measure.
Pursuant to California Constitution Section 18 of Article XVI and Section 1 of Article XIIIA and California Education Code Section 15274, this measure will become effective upon the affirmative vote of at least 55% of the qualified electors voting on this measure.
California Education Code Section 15100 restricts the use of the proceeds from the bonds sale to items such as building school buildings, improving school grounds, supplying school buildings and grounds with equipment, and the acquisition of real property for school facilities. In addition, proceeds may only be used for the projects listed in the measure. This measure provides that its proceeds will fund projects outlined in the measure (reproduced in the sample ballot pamphlet) that include, but are not limited to: constructing classrooms, science labs and flexible learning spaces at Albany Middle School; replacing portables at Albany Middle School; and acquiring technology equipment district wide. Proceeds may not be used for any other purpose, such as administrator salaries.
If 55% of those who vote on the measure vote "yes", the District will be authorized to issue bonds in the amount of twenty-five million dollars ($25,000,000.00). Approval of this measure will authorize a levy on the assessed value of taxable property within the District by an amount needed to pay the principal and interest on these bonds in each year that the bonds are outstanding.
The Tax Rate Statement for Measure E in this sample ballot pamphlet reflects the District's best estimates, based upon currently available data and projections, of the property tax rates required to service the bonds. The best estimate of the tax rate required to be levied to fund the bonds is 6 cents per $100.00 of assessed valuation, or $60.00 per $100,000.00 of the assessed valuation. That estimate applies during the first fiscal year (2016–2017) after the sale of the first series of bonds, during the first fiscal year (2019–2020) after the sale of the last series of bonds, and at the highest tax rate. The best estimate of the total debt service, including principal and interest, that would be required to be repaid if all of the bonds are issued and sold is $37,000,000.00.
The Board of Education ("Board") will establish an independent citizens' oversight committee to ensure that bond proceeds are spent for the projects listed in the measure. The Board will conduct annual, independent performance and financial audits.
If 55% of those voting on this measure do not vote for approval, the measure will fail and the District will not be authorized to issue the bonds.
This measure is placed on the ballot by the governing board of the District.
s/DONNA R. ZIEGLER
County Counsel
The above statement is an impartial analysis of Measure E, which is printed in full in this sample ballot pamphlet. If you desire an additional copy of the measure, please call the Elections Official's office at (510) 272-6933 and a copy will be mailed at no cost to you. You may also access the full text of the measure on the Alameda County website at the following address: www.acgov.org/rov/.
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate
Argument in Favor of Measure E
Measure E is a companion to Measure B for the Albany Unified School District. Together, Measures B and E ensure that our local schools continue to support outstanding student achievement.
The number of students in our District has increased by 900 students since 2001 and will continue to grow. Undersized classrooms and outdated labs and instructional technology limit our ability to deliver the best quality of education to students.
Measures B and E provide additional classrooms needed to accommodate growing student enrollment and help ensure that students have equal access to 21st-century classrooms, labs, and instructional technology so they develop the needed skills to succeed in college and future careers.
The quality of our schools contributes to the value of our homes. Good schools make our neighborhoods more desirable and protect property values.
Voting Yes on Measure E will:
Both Measures B and E Require Strict Fiscal Accountability
Every penny from Measures B and E stays local to benefit Albany Schools.
Measures B and E will help our District qualify for our fair share of state matching funds, which will be used to fund additional projects or reduce the cost to local taxpayers.
Help keep Albany Schools and property values strong. Join parents, teachers, seniors, and business and community leaders in voting YES on Measures B and E.
Word Count: 290/300
Direct Argument Signers
For Measure E
Argument in Favor
\1Theresa Bittner
President, Albany High School PTSA
2. Jessica Cross
President, Cornell Elementary School PTA
3. Yael Bloom
President, Albany School CARE
4. Margaret (Peggy) McQuaid
50 year Albany Resident Member, Albany City Council
5. Jennifer Daly
Albany Parent 16 year Albany Resident
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate
Argument Against
No argument against Measure E was submitted.
<-- NO ARGUMENT AGAINST FILED. -->
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate
FULL TEXT OF THE MEASURE
BEGINNING OF FULL TEXT OF MEASURE---------->>>>>>
FULL TEXT BALLOT PROPOSITION
OF THE ALBANY UNIFIED SCHOOL DISTRICT
BOND MEASURE No. 1 ELECTION JUNE 7, 2016
This Proposition may be known and referred to as the "Albany Middle School Overcrowding Relief and Districtwide Technology and Equipment Improvement Measure" or as "Measure E____". [letter designation to be assigned by County Registrar of Voters]
FINDINGS
Albany schools are consistently among the highest performing in the state. Excellent local schools contribute to the quality of life and help to sustain strong property values in Albany.
In 2013, the District engaged a firm of licensed architects and engineers to conduct a facilities assessment.
The facilities assessment evaluated the district's facilities needs related to site capacity, capital repairs, and student safety.
The facilities assessment found that the District's campuses are all close to, or above, capacity.
The number of students has increased by over 900 students since 2001, and will continue to grow for the foreseeable future. Additional classrooms are needed to accommodate student enrollment.
The facilities assessment also identified capital repairs necessary to keep schools wellmaintained and safe, and to ensure that all students have equal access to 21st-century classrooms, labs and school facilities.
The facilities assessment also identified improvements needed to classroom computers and instructional technology to ensure students are prepared for college and 21st-century careers
The Board has determined that facility repairs and improvements of this magnitude are beyond the scope of the district's operating budget.
Because the state is unable or unwilling to provide adequate funding for facility repairs and improvements, the Board has deemed it necessary to seek local funding for school improvements.
To fund the necessary school improvements, the Board has put forth two measures. The first measure will fund the rebuilding of Marin and Ocean View elementary schools (after determining that rebuilding was more economical and beneficial than repairing them). The second measure will (1) relieve overcrowding at Albany Middle School by creating additional instructional space at the San Gabriel (former MacGregor Elementary) site, and (2) provide updated technology and equipment districtwide.
Every penny of this local funding will benefit Albany schools and cannot be taken by the state or used for administrator salaries.
In preparing and approving the bond project list, the Board of Education determined that the district must:
BOND AUTHORIZATION
By approval of this proposition by at least 55% of the registered voters voting on the proposition, the Albany Unified School District (the "District") shall be authorized to issue and sell bonds of up to $25 million in aggregate principal amount to provide financing for the specific school facilities projects listed in the Bond Project List, and in order to qualify to receive State matching grant funds, subject to all of the accountability safeguards specified below.
ACCOUNTABILITY SAFEGUARDS
The provisions in this section are specifically included in this proposition in order that the District's voters and taxpayers may be assured that their money will be spent wisely to address specific facilities needs of the District, all in compliance with the requirements of Article XIII A, Section 1(b)(3) of the State Constitution, and the Strict Accountability in Local School Construction Bonds Act of 2000 (codified at Education Code Sections 15264 and following).
Evaluation of Needs. The Board of Education hereby certifies that it has evaluated the facilities needs of the District, and the priority of addressing each of these needs. In the course of its evaluation, the Board of Education took safety, class size reduction and information technology needs into consideration while developing the Bond Project List.
Limitation on Use of Bond Proceeds. The State of California does not have the legal authority to take locally approved school district bond funds for any State purposes. The Constitution allows proceeds from the sale of bonds authorized by this proposition to be used only for the construction, reconstruction, rehabilitation, or replacement of school facilities listed in this proposition, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, and not for any other purpose, including teacher and administrator salaries and other school operating expenses. Proceeds of the bonds may be used to pay or reimburse the District for the cost of District staff only when performing work on or necessary and incidental to the bond projects.
Independent Citizens' Oversight Committee. The Board of Education shall establish an independent Citizens' Oversight Committee (pursuant to Education Code Section 15278 and following), to ensure bond proceeds are spent only for the school facilities projects listed in the Bond Project List. The committee shall be established within 60 days of the date on which the Board of Education enters the election results on its minutes.
Annual Performance Audits. The Board of Education shall conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the school facilities projects listed in the Bond Project List.
Annual Financial Audits. The Board of Education shall conduct an annual, independent financial audit of the bond proceeds (which shall be separate from the District's regular annual financial audit) until all of those proceeds have been spent for the school facilities projects listed in the Bond Project List.
Special Bond Proceeds Account; Annual Report to Board. Upon approval of this proposition and the sale of any bonds approved, the Board of Education shall take actions necessary pursuant to Government Code Section 53410 and following to establish an account in which proceeds of the sale of bonds will be deposited. As long as any proceeds of the bonds remain unexpended, the Superintendent or the Chief Business Officer of the District (or such other employee as may perform substantially similar duties) shall cause a report to be filed with the Board no later than January 31 of each year, commencing January 31, 2017, stating (1) the amount of bond proceeds received and expended in that year, and (2) the status of any project funded or to be funded from bond proceeds. The report may relate to the calendar year, fiscal year, or other appropriate annual period as such officer shall determine, and may be incorporated into the annual budget, audit, or other appropriate routine report to the Board.
FURTHER SPECIFICATIONS
Specific Purposes. All of the purposes enumerated in this proposition shall be united and voted upon as one single proposition, pursuant to Education Code Section 15100, and shall constitute the specific purposes of the bonds, and proceeds of the bonds shall be spent only for such purposes, pursuant to Government Code Section 53410.
Joint Use. The District may enter into agreements with the County of Alameda or other public agencies or nonprofit organizations for joint use of school facilities financed with the proceeds of the bonds in accordance with Education Code Section 17077.42 (or any successor provision). The District may seek State grant funds for eligible joint-use projects as permitted by law, and this proposition hereby specifies and acknowledges that bond funds will or may be used to fund all or a portion of the local share for any eligible joint-use projects identified in the Bond Project List or as otherwise permitted by California State regulations, as the Board of Education shall determine.
Rate of Interest. The bonds shall bear interest at a rate per annum not exceeding the statutory maximum, payable at the time or times permitted by law.
Term of Bonds. The number of years the whole or any part of the bonds are to run shall not exceed the legal limit, though this shall not preclude bonds from being sold which mature prior to the legal limit.
Bonds may be Issued in Excess of Statutory Bonding Limit. The District currently projects that in order to complete the authorized bond projects, issuance of some or all of the bonds will cause the outstanding debt of the District to exceed its statutory bonding limit of 2.5% of the total assessed valuation of taxable property in the District. In that event, the District intends to seek a waiver of its statutory bonding limit from the State Board of Education, which has the authority to waive certain requirements of the Education Code applicable to the District. By approval of this proposition, the voters acknowledge the District may seek such a waiver, and may issue authorized bonds in excess of the 2.5% limit as the State Board of Education may approve. No such waiver has yet been sought or granted.
PROJECT LIST
The Bond Project List below describes the specific projects the Albany Unified School District proposes to finance with proceeds of voter approved bonds. Listed projects will be completed as needed at a particular District site according to District Board of Education-established priorities, and the order in which such projects appear on the Bond Project List is not an indication of priority for funding or completion. The final cost of each project will be determined as plans are finalized, construction bids are awarded, and projects are completed. Certain construction funds expected from non-bond sources, including State grant funds for eligible projects, have not yet been secured.
Until all project costs and funding sources are known, the Board of Education cannot determine the amount of bond proceeds available to be spent on each project, nor guarantee that the bonds will provide sufficient funds to allow completion of all listed projects. Completion of some projects may be subject to further government approvals by State officials and boards, to local environmental review, and to input from the public. For these reasons, inclusion of a project on the Bond Project
List is not a guarantee that the project will be funded or completed. In order to provide flexibility should additional efficiencies be realized or should Board priorities change, the Bond Project List contains more projects than the District currently estimates the Bonds can fund. The Board may undertake rehabilitations, improvements, acquisitions, or new construction to complete each or any of the projects listed below as may be determined desirable by the District at the time the project is undertaken. Any authorized repairs shall be capital expenditures. The project list does not authorize non-capital expenditures. The Board of Education may make changes to the Bond Project List in the future consistent with the projects specified in the proposition. Section headings are not part of the project list and are provided for convenience only.
RELIEVE OVERCROWDING AT ALBANY MIDDLE SCHOOL
DISTRICTWIDE TECHNOLOGY, EQUIPMENT AND FURNISHINGS
NECESSARY CAPITAL IMPROVEMENTS
TO DISTRICT FACILITIES
The aforementioned projects are authorized at all District sites, including sites the District may acquire in the future.
Incidental Work Authorized At All Sites
(at which Projects listed above are undertaken)
Each project listed above includes allocable costs such as election and bond issuance costs to the extent permitted by law; architectural, engineering, inspection and similar planning costs; construction management (whether by the District or a third-party); annual financial and performance audits; a contingency for unforeseen design and construction costs; and other costs necessary, incidental, or related to the completion of the listed projects and otherwise permitted by law, including but not limited to:
The Bond Project List shall be considered a part of this ballot proposition, and shall be reproduced in any official document required to contain the full statement of the bond proposition.
<<<<<----------END OF FULL TEXT OF MEASURE.Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate
TAX RATE STATEMENT
An election will be held in the Albany Unified School District (the "District") on June 7 2016, to authorize the sale of up to $25,000,000 in bonds of the District to finance school facilities as described in the proposition. If the bonds are approved, the District expects to issue the Bonds in multiple series over time. 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 through 9404 of the California Elections Code.
1. The best estimate of the tax which would be required to be levied 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 6 cents per $100 ($60 per $100,000) of assessed valuation in fiscal year 2016-2017.
2. The best estimate of the tax rate which would be required to be levied 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 6 cents per $100 ($60 per $100,000) of assessed valuation in fiscal year 2019-2020.
3. The best estimate of the highest tax rate which would be required to be levied to fund this bond issue, based on estimated assessed valuations available at the time of filing of this statement, is 6 cents per $100 ($60 per $100,000) of assessed valuation in fiscal year 2019-2020.
4. The best estimate of the total debt service, including the principal and interest, that would be required to be repaid if all of the bonds are issued and sold is $37,000,000.
The estimated rates presented above apply only to the taxes levied to pay bonds authorized by this measure. Additional taxes will be levied to pay bonds issued pursuant to previous, concurrent, and future authorizations.
Voters should note that estimated tax rates are based on the ASSESSED VALUE of taxable property on the County's official tax rolls, not on the property's market value, which could be more or less than the assessed value. In addition, taxpayers eligible for a property tax exemption, such as the homeowner's exemption, will be taxed at a lower effective tax rate than described above.
Certain taxpayers may also be eligible to postpone payment of taxes. Property owners should consult their own property tax bills and tax advisors to determine their property's assessed value and any applicable tax exemptions.
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, and the actual total debt service, 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, including the legal limitations on bonds approved by a 55% affirmative vote. 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 County Assessor in the annual assessment and the equalization process.
Dated: __________, 2016.
Superintendent of Schools
Albany Unified School District
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