Thermalito Union Schools: Vote Yes on Measure Z Bonds - Butte County - 2018 general Election
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  Welcome    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Welcome to the Yes No on Measure Z Campaign

#HonestBallots Movement

Your Butte County Registrar of Voters printed and circulated ballots for this measure that didn't conform to the law. The registrar ignored our Notice and Demand to follow the law. The legislature makes this a crime. (See: How 25 County Registrars Committed A Crime.)

If you want to get really steamed up about the collusion between your Registrar and Thermalito Union Schools to lie and cheat in order to steal your taxes, you can read the letter for yourself.

Do you want to give this district a Thanksgiving surprise? Please call or text me (with #HonestBalllots, Butte, 0639180, and your name) at 909-378-5401 right now for details. It's urgent and very time-sensitive.

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

This campaign was designed by Isom Advisors. 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, it to see the commentary.

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Measure Z Question

B-1

APPENDIX B

ABBREVIATED FORM OF BOND MEASURE*

Option 1


"To improve the quality of education, repair or replace leaky roofs, modernize/renovate classrooms and restrooms, upgrade inadequate electrical systems, replace aging plumbing systems, and replace temporary portables with classrooms, shall Thermalito Union Elementary School District issue $4.5 million of bonds at legal interest rates, generating an average of $277,000 annually while bonds are outstanding at a rate of approximately $.03 per $100 assessed value, with annual audits, independent citizens' oversight, NO money for salaries and all money staying local?"

The following statement was prepared in the hope the legislature would suspend the law (AB-195) that required districts to inform you of the amount of taxes for which you're voting. It's all about deceiving the voters. The school bonds cartel has no shame. It just wants your money. The ends justify the means.

One of the notorious budget trailer bills was amended in May to allow the district to keep you in the dark. Unfortunately for them, Dan Walters got wind of it and castigated the legislature for their sleazy and unscrupulous conduct. The budget trailer bill never came to a vote before the August 10 filing deadline. So the issue is moot.


Option 2


"To improve the quality of education and meet 21st century standards for current and future students, make safety and security improvements, repair or replace leaky roofs, modernize and renovate classrooms and restrooms, upgrade inadequate electrical systems, replace aging plumbing systems, and replace temporary portables with classrooms, shall Thermalito Union Elementary School District issue $4.5 million of bonds at legal interest rates, with annual audits, independent citizens' oversight, NO money for salaries and all money staying local?"


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Impartial Analysis for Measure Z

1

FILED
AUG -3 2018
CANDACE J. GRUBBS, BUTTE CO. CLERK
s/FSS DEPUTY

IMPARTIAL ANALYSIS OF MEASURE Z

Measure Z, a Thermalito Union Elementary School District ("District") bond measure, seeks voter approval to authorize the District to issue $4.5 million of bonds at legal rates. The primary purpose of the bonds is to finance school facilities projects as specified in the measure.

Pursuant to Section 18 of Article XVI and Section 1 of Article XIIIA of the California Constitution, this measure will become effective upon the affirmative vote of at least 55% of the qualified electors voting on this measure.

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 acquiring 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, modernizing, renovating, replacing and/or expanding outdated classrooms, restrooms and related facilities; repairing or replacing leaky roofs; improving and upgrading technology infrastructure; making mandated Americans with Disabilities Act accessibility upgrades; and repairing, replacing and/or upgrading paved surfaces, turf, grounds, and outdoor areas. Proceeds may not be used for any other purpose such as teacher salaries and other operating expenses.

If 55% of those who vote on the measure vote "yes", the District will be authorized to issue bonds in the amount of $4.5 million. 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 the bonds each year that the bonds are outstanding.

The Tax Rate Statement for Measure Z 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 3 cents per $100 of assessed valuation or $30 per $100,000 of assessed valuation. It is estimated that such rate would be levied starting in fiscal year 2019-20. The final fiscal year in which it is anticipated that the tax will be collected is 2050-51. The best estimate of the total debt service, including principal and interest, that would be required to be repaid if all the bonds are issued and sold will be approximately $9.15 million.

The Board of Trustees ("Board") will appoint a citizens' oversight committee to ensure that the bond proceeds are spent for the projects listed in the measure. The Board will also conduct annual, independent performance and financial audits.

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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.

Bruce S. Alpert
County Counsel
s/Bruce S. Alpert

The above statement is an impartial analysis of Measure Z. If you desire a copy of the measure, please call Butte County Elections at 530-538-7761 or 800-894-7761 within Butte County and a copy will be mailed to you at no cost. You may also access the full text of the measure at the following website address: http://buttevotes.net

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Argument in Favor of Measure Z

1 2

FILED
AUG 14 2018
CANDACE GRUBBS, BUTTE CO. CLERK
/s DEPUTY

Argument in Favor of Measure Z

Thermalito Union Elementary School District

Every child deserves to learn in quality school facilities. Your YES VOTE on Measure Z will prepare generations of our local students for future success.

Thermalito Union Elementary School District has served our community well for over 120 years. However, our schools have grown old and are overdue for repairs. Much was done with the funds from our successful 2004 school improvement measure, including improving student safety, upgrading playgrounds, and constructing a library/media center but more work is needed. All of our existing facilities need to be brought up to current safety and efficiency standards. Measure Z authorizes funds for needed facility repairs and upgrades to improve student safety, instruction, and learning. Not enough funding currently exists to upgrade these facilities.

If passed, Measure Z will make critical facility improvements to local elementary and middle schools, including; repairing or replacing leaky roofs, upgrading inadequate electrical systems, repairing or replacing deteriorating plumbing and sewer systems, modernizing and renovating outdated classrooms, restrooms and school facilities, and repairing or replacing outdated heating, ventilation and air-conditioning systems.

Thermalito Union Elementary School District is proud of its schools. Measure Z protects academic facilities so our excellent instruction and performance standards can be maintained.

ALL funds stay local. The State CANNOT take this funding away. Taxpayer protections are REQUIRED. NO funds can be spent on administrators' salaries or pensions. Independent Citizens' Oversight and mandatory audits ensure funds are spent properly.

Whether or not you have school-age children, protecting our local, high quality education is a wise investment for your property values and a strong community.

VOTE YES on Measure Z.

Word Count: 264

Rev.8/14/2018

Pang Xiang
Former Board Member and Parent/TUESD

Jaymes Lackey
PTO President/TUESD Parent Pastor of The Table

Bruce A. Wristen
Retired Law Enforcement

Michael Shields
Owner Shields Electric

Tori Anderson
School Board Member and Parent

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Argument Against Measure Z

No Argument Against Filed.

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Full Text of Measure Z

A-1

APPENDIX A

FULL TEXT OF BOND MEASURE

BOND AUTHORIZATION

By approval of this measure by at least 55% of the registered voters voting on the measure, the District will be authorized to issue and sell bonds of up to $4.5 million in aggregate principal amount at interest rates not to exceed legal limits and to provide financing for the specific types of school facilities projects listed in the Bond Project List included below, subject to all the accountability requirements specified below.

ACCOUNTABILITY REQUIREMENTS

The provisions in this section are specifically included in this measure in order that the voters and taxpayers in the District may be assured that their money will be spent wisely. Expenditures to address specific facilities needs of the District will be in compliance with the requirements of Article XIIIA, 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 Trustees of the District has identified detailed facilities needs of the District and has determined which projects to finance from a local bond. The Board of Trustees hereby certifies that it has evaluated safety, class size reduction, enrollment growth, and information technology needs in developing the Bond Project List included below.

Independent Citizens' Oversight Committee. Following approval of this measure, the Board of Trustees will establish an independent citizens' oversight committee, under California Education Code Sections 15278 and following, to ensure bond proceeds are expended only on the types of school facilities projects listed below. The committee will be established within 60 days of the date when the results of the election appear in the minutes of the Board of Trustees.

Performance Audits. The Board of Trustees will conduct annual, independent performance audits to ensure that the bond proceeds have been expended only on the school facilities projects listed below.

Financial Audits. The Board of Trustees will conduct annual, independent financial audits of the bond proceeds until all of those proceeds have been spent for the school facilities projects listed below.

Government Code Accountability Requirements. As required by Section 53410 of the Government Code, (1) the specific purpose of the bonds is set forth in this Full Text of the Measure, (2) the proceeds from the sale of the bonds will be used only for the purposes specified in this measure, and not for any other purpose, (3) the proceeds of the bonds, when and if issued, will be deposited into a building fund to be held by the Butte County Treasurer, as required by the California Education Code, and (4) the Superintendent of the District shall cause an annual report to be filed with the Board of Trustees of the District not later than January 1 of each year, which report shall contain A-2 pertinent information regarding the amount of funds collected and expended, as well as the status of the projects listed in this measure, as required by Sections 53410 and 53411 of the Government Code.

NO TEACHER SALARIES

Proceeds from the sale of bonds authorized by this measure shall be used only for the purposes specified in Article XIII A, Section 1(b)(3), those being for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, and the acquisition or lease of school facilities, and not for any other purpose, including teacher salaries and other school operating expenses.

STATE MATCHING FUNDS

The following statement is included in this measure pursuant to Education Code Section 15122.5: Approval of this measure does not guarantee that the proposed projects that are the subject of bonds under this measure will be funded beyond the local revenues generated by this measure. The District's proposal for the projects described below may assume the receipt of matching state funds, which, if available, could be subject to appropriation by the Legislature or approval of a statewide bond measure.

ESTIMATES AND PROJECTIONS INCLUDED IN BALLOT

Any estimates or projections in the bond measure or ballot materials, such as relating to estimated tax rates, the duration of issued bonds and related tax levies and collections are provided as informational only. Such amounts are estimates and are not maximum amounts or limitations on the terms of the bonds, the tax rate or duration of the tax supporting repayment of issued bonds. Such estimates depend on numerous variables which are subject to variation and change over the term of the District's overall facilities and bond financing plan, including but not limited to the amount of bonds issued and outstanding at any one time, the interest rates applicable to issued bonds, market conditions at the time of sale of the bonds, when bonds mature, timing of project needs and changes in assessed valuations in the District. As such, while such estimates and approximations are provided based on information currently available to the District and its current expectations, such estimates and approximations are not limitations and are not binding upon the District.

BOND PROJECT LIST

Projects which are described below include all related and incidental costs, including their share of the costs of the election and bond issuance and costs of design, engineering, architect and other professional services, inspections, site preparation, utilities, and other planning, legal, accounting and similar costs, independent annual financial and performance audits, a customary contingency, and other costs incidental to and necessary for completion of the listed projects.

The District may alter the scope and nature of any of the specific projects that are described below as required by conditions that arise over time. This measure authorizes bond projects to be undertaken at all District sites, including current and future sites.

A-3

Whenever specific items are included in the following list, they are presented to provide examples and are not intended to limit the generality of the broader description of authorized projects. The order in which particular projects are listed is not intended to indicate priority for funding or completion. The itemization of projects in the list below does not guarantee that all such projects will be undertaken. The ability of the District to undertaken and complete the listed projects is subject to the adequacy and availability of sufficient funding sources.

The items presented on the following list are the types of projects authorized to be financed with voter-approved bond proceeds.

  • ? Construct, modernize, renovate, replace and/or expand aging and outdated school classrooms, restrooms and related facilities to meet 21st century standards, including providing updated furnishings and other equipment to facilitate a modern learning environment
  • ? Provide clean and safe classrooms, and a quality learning environment for current and future students
  • ? Repair or replace leaky roofs
  • ? Improve, and upgrade technology infrastructure, electrical systems and wiring for computers and Internet access
  • ? Make other basic repairs, including to roofing, plumbing, electrical and sewer systems
  • ? Make health, safety and security improvements to comply with all applicable laws and regulations and to ensure the safety and security of District students, staff and facilities
  • ? Make Federal and State-mandated Americans with Disabilities Act (ADA) accessibility upgrades including but not limited to ensuring site access, parking, staff and student restrooms, relocation of existing electrical devices, drinking fountains, and playground equipment, as necessary to ensure adequate accommodations are provided and all legal requirements are met
  • ? Abate and remove hazardous materials identified prior to or during construction
  • ? Repair, replace and/or upgrade paved surfaces, turf, grounds and outdoor areas, including to eliminate safety hazards and to facilitate outdoor instruction and gathering spaces
  • ? Upgrade, repair and/or expand school site parking, roadways, grounds and other infrastructure such as utility systems, including installing exterior lighting, repairing pathways, walkways, ADA access ramps, and make landscaping improvements including irrigation

Each of the bond projects described in this Bond Project List include the costs of furnishing and equipping such facilities, and all costs which are incidental but directly related to the types of projects described above. Examples of incidental costs include, but are not limited to: costs of design, engineering, architect and other professional services, facilities assessments, 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 A-4 contingency; demolition and disposal of existing structures; the costs of interim housing and storage during construction including relocation and construction costs incurred relating to interim facilities; 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; necessary costs of the District incurred by calling and conducting the election; 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. In the event that a modernization or renovation project is more economical for the District to be undertaken as new construction, this bond measure authorizes land acquisition, relocation, expansion and construction and/or reconstruction, and all costs relating thereto, for said reason or, alternatively, based on other considerations deemed in the best interest of the District by the Governing Board. In addition, this measure authorizes the acquisition of real property, including necessary rights of ways or other real property interests, required to expand District facilities, to provide access to school or other District facilities, or to provide additional school or related facilities. In addition, authorized projects include reimbursements for paid project costs and paying and/or prepaying interim or previously obtained financing for the types of projects included on the project list, such as bond anticipation notes, and including payment and prepayment of lease payments relating to projects and/or equipment previously financed.

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 may pursue funds from the State of California, if available, to complete certain of the identified facilities projects.

The order in which school facilities projects are listed in the foregoing Bond 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..

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.

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Measure Z Tax Rate Statement

C-1

APPENDIX C

TAX RATE STATEMENT
REGARDING PROPOSED
$4.5 MILLION
THERMALITO UNION ELEMENTARY SCHOOL DISTRICT
GENERAL OBLIGATION BONDS

An election will be held in the Thermalito Union Elementary School District (the "District") on November 6, 2018 to authorize the sale of up to $4.5 million in general obligation bonds of the District to finance school facilities as described in the measure. If such bonds are authorized and sold, principal and interest on the bonds will be payable only from the proceeds of ad valorem tax levies made upon the taxable property in the District. The following information is submitted in compliance with Sections 9400-9404 of the Elections Code of the State of California. Such information is based upon the best estimates and projections presently available from official sources, upon experience within the District, and other demonstrable factors.

Based upon the foregoing and projections of the District's assessed valuation, the following information is provided:

  1. 1. The best estimate of the average annual tax rate that would be required to fund this bond issue over the entire duration of the bond debt service, based on estimated assessed valuations available at the time of filing of this statement, is $0.03 per $100 ($30 per $100,000) of assessed valuation. The final fiscal year in which it is anticipated that the tax will be collected is 2050-51.
  2. 2. 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 $0.03 per $100 ($30 per $100,000) of assessed valuation. This rate is projected to apply in each fiscal year that the bonds are outstanding. It is estimated that such rate would be levied starting in fiscal year 2019-20 and following.
  3. 3. The best estimate of total debt service, including principal and interest, that would be required to be repaid if all the bonds are issued and sold will be approximately $9.15 million.

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

The attention of all voters is directed to the fact that the foregoing information is based upon projections and estimates only, which amounts are not maximum amounts and are not binding upon the District. The actual debt service, tax rates and the years in which they will apply may vary from those used to provide the estimates set forth above, due to factors such as variations in the timing of bond sales, the par amount of bonds sold and market interest rates available at the time of each sale, actual assessed valuations over the term of the bonds, and other factors. The date and amount of bonds sold at any

C-2 given time will be determined by the District based on the need for project funds and other considerations. The actual interest rates at which the bonds will be sold will depend on conditions in the bond market at the time of sale. Actual future assessed valuations 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.

By: ______________________
Superintendent
Thermalito Union Elementary School District

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Measure Z Agenda Description

Agenda of June 19, 2018 (complete item)

REGULAR BOARD MEETING AGENDA OF THE GOVERNING BOARD

 

June 19, 2018


15.  Approval of Resolution 17-18-16, ordering an election to authorize the issuance of general obligation bonds,

       establishing specifications of the election order, and requesting consolidation with other elections occurring on

       November 6, 2018.

 

         Comment:  

 

         Motion _____Second _____Vote _____  



BOARD ACTION ITEM SUMMARY

Thermalito Schools………………………………………Moving Forward

T h e r m a l i t o
Union Elementary
School District

TO: Board of Trustees

FROM: Cody Walker

___________________________________________________________________

Meeting Date: June 19, 2018

Topic: RESOLUTION OF THE BOARD OF TRUSTEES OF THE THERMALITO UNION ELEMENTARY SCHOOL DISTRICT ORDERING AN ELECTION TO AUTHORIZE THE ISSUANCE OF GENERAL OBLIGATION BONDS, ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION WITH OTHER ELECTIONS OCCURRING ON NOVEMBER 6, 2018

Note: 4 'yes' votes required for adoption

Description: Background: The Thermalito Union Elementary School District has facility improvement needs, and a local school bond measure, approved by at least 55% of District voters, can provide a source of funding upon voter approval. November 6, 2018 is the date of the general statewide election, a date which local bond measures can be placed on the ballot.

The Resolution for Board consideration calls for a bond measure to be placed on the November ballot, seeking voter approval to issue up to $4.5 million in general obligation bonds. If successful, the bonds will be issued to finance the types of projects described on Appendix A of the Resolution, which will be printed in the sample ballot. Appendix A also contains information relating to transparency and accountability, such as citizens oversight and annual audits, required by State law to be included in the bond measure. Appendix B sets forth two options for the 75-word statement of the measure, one of which voters will see when casting their vote. Appendix C presents certain estimates regarding tax rates and bond repayment which will also be printed in the sample ballot.

Fiscal Impact: General obligation bonds, if approved, provide funds for capital facilities projects, which are repaid from property tax collections levied and collected in the District on property tax bills while bonds are outstanding.

Recommendation: Adopt Resolution calling November 2018 bond election.

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Measure Z Resolution

RESOLUTION NO. 17-18-16

RESOLUTION OF THE BOARD OF TRUSTEES OF THE
THERMALITO UNION ELEMENTARY SCHOOL DISTRICT
ORDERING AN ELECTION TO AUTHORIZE THE ISSUANCE OF
GENERAL OBLIGATION BONDS, ESTABLISHING
SPECIFICATIONS OF THE ELECTION ORDER, AND
REQUESTING CONSOLIDATION WITH OTHER ELECTIONS
OCCURRING ON NOVEMBER 6, 2018

WHEREAS, the Thermalito Union Elementary School District (the "District") in Butte County (the "County"), State of California, is committed to providing quality education to its students; and

WHEREAS, in the judgment of the Board of Trustees (the "Board") of the District, it is advisable to call an election to submit to the electors of the District the question of whether bonds of the District shall be issued and sold for the purpose of raising money for the acquisition and improvement of real property and the furnishing and equipping of school facilities of the District; and

WHEREAS, the Board is authorized, upon a two-thirds vote of the Board, to pursue the authorization and issuance of bonds by a 55% vote of the electorate on the question of whether bonds of the District shall be issued and sold for specified purposes, under Article XIIIA Section 1 paragraph (b) of the California Constitution ("Article XIIIA") and under Education Code Section 15264 et seq. (the "Act"); and

WHEREAS, under the Act, the election may be ordered at a primary or general election, a regularly scheduled local election, or a statewide special election; and

WHEREAS, under Section 10403 et seq. of the California 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 6, 2018, the date of the statewide general election, and to request the Butte County Registrar of Voters (the "County Registrar") to perform certain election services for the District; and

WHEREAS, in connection with the calling of a bond election and in accordance with Education Code Section 15100 subparagraph (c), the Board has obtained reasonable and informed projections of assessed property valuations that take into consideration projections of assessed property valuations made by the County assessor; and

WHEREAS, United States Income Tax Regulations section 1.150-2 provides generally that proceeds of tax-exempt debt are not deemed to be expended when such proceeds are used for reimbursement of expenditures made prior to the date of issuance of such debt unless certain procedures are followed, one of which is a requirement that (with certain exceptions), prior to the payment of any such expenditure, the issuer declares an intention to reimburse such expenditure; and

WHEREAS, the Board wishes at this time to take the necessary actions to declare its official intent to reimburse the expenditures referenced herein from the proceeds of bonds issued pursuant to voter authorization;

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NOW, THEREFORE, THE BOARD OF TRUSTEES OF THE THERMALITO UNION ELEMENTARY SCHOOL DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. Recitals. The foregoing recitals are true and correct.

Section 2. Call for Election. The Board hereby orders an election and submits to the electors of the District the question of whether general obligation bonds of the District shall be issued and sold in a maximum principal amount of $4.5 million (the "Bonds") for the purposes described in the ballot measure approved under Section 3 and attached hereto as Appendix A and Appendix B, and paying all costs incident thereto. This Resolution constitutes the order of the District to call such election and shall constitute the "specifications of the election order" pursuant to Education Code Section 5322.

Section 3. Election Date. The date of the election shall be November 6, 2018, and such bond election shall be held solely within the boundaries of the District. The boundaries of the District have not changed since the District's last election.

Section 4. Purpose of Election; Ballot Measure. The purpose of the election shall be for the voters in the District to vote on a bond measure, the full text of which is attached hereto as Appendix A (the "Full Text of the Measure"). The Full Text of the Measure, which commences with the heading "FULL TEXT OF BOND MEASURE" and includes all of the text thereafter on Appendix A, shall be printed in the voter information pamphlet provided to voters, with such measure designation as is assigned to the measure. As required by Education Code Section 5322 and Elections Code Section 13247, the abbreviated form of the measure to appear on the ballot is attached hereto as Appendix B. Appendix B, as attached here, includes two options, one marked "Option 1" and the other marked "Option 2." The Board hereby authorizes and directs the County Registrar to print Option 1 on the ballot label.

Notwithstanding the foregoing, the Board directs the County Registrar to print only Option 2 on the ballot label, and to disregard Option 1, if directed in writing by the Superintendent or Assistant Superintendent of Business and Operations, in which case Option 2 shall be deemed to amend and supersede Option 1 in its entirety. The Superintendent is hereby directed to authorize the use of Option 2 in the event that Section 13119 of the Elections Code is amended or suspended by legislation enacted prior to the filing deadline referenced in Section 9 hereof.

The President of the Board, the Superintendent and the Assistant Superintendent of Business and Operations, are hereby each separately authorized and directed to make any changes to the abbreviated text of the measure as presented on Appendix B to conform to any requirements of the Act or the County Registrar, or otherwise upon the advice of its legal counsel. The preceding sentence is intended to include revisions reflecting changes in applicable law effective after the date of adoption of this Resolution. The Superintendent and the Assistant Superintendent of Business and Operations are each separately authorized and directed to deliver revisions to the appendices hereto to the County Registrar, through changed pages submitted under cover letter executed by the Superintendent or Assistant Superintendent of Business and Operations, or otherwise as required by the County Registrar..

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Section 5. Authority for Election. The authority for ordering the election is contained in Section 15264 et. seq. of the Act and Section 1 paragraph (b) subsection (3) of Article XIIIA. The authority for the specification of this election order is contained in Section 5322 of the Education Code.

Section 6. Proceeds for School Facilities Projects. The Board certifies that the proceeds from the sale of the Bonds will be used only for the purposes specified in Section 1(b)(3) of Article XIII A and as further specified in Appendix A, and not for any other purpose, including teacher salaries and other school operating expenses. Further, as required by Article XIIIA, the Board hereby certifies that it has evaluated safety, class size and information technology needs in developing the list of school facilities projects set forth in Appendix A.

Section 7. Covenants of the Board upon Approval of the Bonds by the Electorate; Accountability Measures. As required by Article XIIIA, Section 15278 of the Act, and Government Code Section 53410, in the event 55% of the voters voting in the District approve of the Bonds, the Board shall:

  1. (a) conduct an annual, independent performance audit to ensure that the funds have been expended only on the projects listed in Appendix A;
  2. (b) conduct an annual, independent financial audit of the proceeds from the sale of the Bonds until all of those proceeds have been expended for the school facilities projects listed in Appendix A;
  3. (c) establish and appoint members to an independent citizens' oversight committee in accordance with Sections 15278, 15280, and 15282 of the Act;
  4. (d) apply the Bond proceeds only to the specific purposes stated in the ballot proposition;
  5. (e) cause the creation of accounts into which bond proceeds shall be deposited; and
  6. (f) cause the preparation of an annual report pursuant to Government Code Sections 53410 and 53411.

Section 8. Statement Regarding State Matching Funds. The District anticipates that matching funds from the State of California, if available, may be required to complete a portion of the projects identified in Appendix A. As required pursuant to Education Code Section 15122.5, the following statement shall appear on the ballot: "Approval of this measure does not guarantee that the proposed project or projects that are the subject of bonds under this measure will be funded beyond the local revenues generated by this measure. The District's proposal for the project or projects described below may assume the receipt of matching state funds, which, if available, could be subject to appropriation by the Legislature or approval of a statewide bond measure."

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Section 9. Delivery of this Resolution. The Clerk of the Board is hereby directed to send a copy of this Resolution to (1) the Butte County Superintendent of Schools, (2) the County Registrar, and (3) the Clerk of the Board of Supervisors of the County. Pursuant to Education Code Section 5322, the Resolution shall be received by the County Registrar no later than 88 days prior to the election date, unless otherwise permitted by law.

The County Registrar is hereby requested to print the full text of the ballot measure in the ballot materials as it appears on Appendix A, and to provide all required notices of the election and other notices related thereto.

Section 10. Consolidation of Election; Request to Provide Services. The County Registrar and the Butte County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on November 6, 2018 within the District.

Pursuant to Section 5303 of the Education Code and Section 10002 of the Elections Code, the Board of Supervisors of the County is requested to permit the County Registrar to render all services specified by Section 10418 of the Elections Code relating to the election, for which services the District agrees to reimburse the County in full upon presentation of a bill from the 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 Section 9401 of the Elections Code).

Section 11. Ballot Arguments. As provided in Elections Code Section 9501, any and all members of this Board are hereby authorized to act as an author of any ballot argument prepared in connection with the election, including a rebuttal argument.

Section 12. Tax Rate Statement. Pursuant to Elections Code Section 9401, a tax rate statement has been prepared in the form attached hereto as Appendix C (the "Tax Rate Statement"), which form of Tax Rate Statement is hereby approved for inclusion in the sample ballot. The President of the Board, the Superintendent, or any written designee of the Superintendent, is hereby authorized to finalize and execute the Tax Rate Statement, and to file said statement with the County Registrar, in accordance with Section 9 hereof. The Board hereby finds that the estimates and projects contained in the Tax Rate Statement and in the measure as presented on Appendix A have been made based on currently available information, but depend on a number of variables which are subject to change. Such estimates and projections have been made in good faith, and are not binding or intended to serve as limitations on the terms of the bonds.

Section 13. Maturity Limit of Bonds. The Bonds may be issued in series by the District from time to time, and each series of Bonds shall mature not more than the legal limit at the time of such issuance thereof. The Bonds shall be issued under the Act, under the provisions of Section 53506 et seq. of the California Government Code, or under any other provision of law authorizing the issuance of general obligation bonds by school districts.

Section 14. Reimbursement. The District hereby declares that it may (i) pay certain costs of the projects listed in Appendix A prior to the date of issuance of bonds and, in such case, (ii) intends to use a portion of the proceeds of bonds for reimbursement of expenditures for the projects that are paid before the date of issuance of bonds.

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Section 15. Estimates Included in Ballot Materials. The measure authorized by this Resolution includes information required by law to be presented to District voters regarding the expected amount of money to be raised annually to pay issued bonds, the estimated rate of the approved tax per $100 of assessed valuation, and the period through which the proposed tax will be levied and collected. Such estimates have been provided by the District in good faith based upon information currently available to the District. The approximations and estimates depend on numerous variables which are subject to variation and change over the term of the District's overall facilities and bond financing plan. As such, while such estimates and approximations have been provided in accordance with legal requirements and the District's current expectations, such estimates and approximations are not intended by the Board to be additional restrictions on the District's bond program and bond issuances, and, other than the total principal amount of bonds authorized to be issued by the bond measure, do not represent legal maximums or additional limitations on bond issuance and are not binding upon the District.

Section 16. Engagement of Professional Services. The Superintendent is authorized and directed to execute agreements with the financial advisory firm of Isom Advisors, a Division of Urban Futures, Inc. and the law firm of Jones Hall, A Professional Law Corporation, which firms are hereby appointed to perform financial advisory and bond counsel and disclosure counsel services, respectively, in connection with the Bonds.

Section 17. Official Actions. The President of the Board, the Superintendent, or any written designee of either, are hereby separately authorized and directed to execute and deliver to County officials any directions, requisitions or other writings, and to make any changes to the texts of the measure as described herein and in the Tax Rate Statement, to conform to any legal requirements or the County Registrar, in order to cause the election to be held and conducted in the District.

Section 18. Effective Date. This resolution shall take effect on and after its adoption.

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* * * * * * * *

The foregoing Resolution was adopted by the Board of Trustees of the Thermalito Union Elementary School District of Butte County, being the governing board authorized by law to make the designations therein contained, by the following vote, on June 19, 2018.

Adopted by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

President of the Board

Attest:

Clerk of the Board

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