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Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution
Your Fresno 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 Sanger Unified 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, Fresno, 0635250, 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 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, it to see the commentary.
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution
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APPENDIX B
ABBREVIATED FORM OF BOND MEASURE*
To continue improving college/career preparation and reduce overcrowding by constructing the Sanger Unified School District Educational Complex including vocational/career education classrooms/labs; wiring/technology infrastructure, computer, engineering, science labs; emergency communication systems, security door locks, cameras; up-to-date classrooms; shall Sanger Unified School District issue $70,000,000 in bonds at legal rates, levy on average 6 cents per $100 of assessed valuation, raising $4,900,000 annually for issued bonds through maturity, requiring audits, oversight, all money used locally?
Bonds—Yes Bonds—No
*As required pursuant to Education Code Section 5322 and Elections Code Section 13247.
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FILED
AUG 0 9 2018
By_ CLERK
DEPUTY
SANGER UNIFIED SCHOOL DISTRICT
NOVEMBER 2018 BOND MEASURE
(IMPARTIAL ANALYSIS BY COUNTY COUNSEL PURSUANT TO
SECTION 9500 OF THE ELECTIONS CODE)
Voter approval of this Measure will authorize the governing board of the Sanger Unified School District (the "District") to issue and sell bonds in the maximum amount of Seventy Million Dollars ($70,000,000.00), bearing interest at legal rates and with maturity dates within the legal limits. The bond proceeds may be expended to construct, reconstruct, rehabilitate or replace school facilities, including the furnishing and equipping of school facilities or the acquisition or lease of school facilities within the District.
The Bond Project List in Appendix A ("List") in the Measure describes the specific projects the District proposes to finance with proceeds from the sale of the bonds. The District may only use bond proceeds for the purposes specified in the Measure. The bond proceeds may not be used for any other purpose, including teacher or administrator salaries or other school operating expenses. Inclusion of a project on the List does not guarantee the project will be funded or completed.
This Measure would require annual independent performance and financial audits of the use of bond proceeds including annual reports to the governing board. In addition, a citizens' oversight committee will be established to ensure that bond proceeds are properly expended.
Information regarding the estimated tax rate to repay these bonds is found in the "Tax Rate Statement" prepared by the District. The projected tax rate is a best estimate from official sources. The actual tax rate necessary to pay the Bond Measure may vary depending on factors identified in the Tax Rate Statement.
The Measure makes no change to existing law and must be approved by at least 55% of the eligible votes cast or the bonds will not be issued. This Measure was placed on the ballot by order of the governing board of the District.
DANIEL C. CEDERBORG
Fresno County Counsel
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No Argument For Filed.
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No Argument Against Filed.
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Agenda Resolution
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APPENDIX A
FULL TEXT OF BOND MEASURE
INTRODUCTION
This measure may be known as the SANGER UNIFIED SCHOOL DISTRICT EDUCATIONAL COMPLEX AND FACILITIES EXPANSION PROJECT or MEASURE ___.
BOND AUTHORIZATION
By approval of this measure by at least 55 percent of the registered voters voting on the measure, the District will be authorized to issue and sell bonds of up to $70 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 described 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 has identified detailed facilities needs of the District and has determined which projects would be financed 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 shown below.
Independent Citizens' Oversight Committee. Following approval of this measure, the Board of Trustees will establish an Independent Citizens' Oversight Committee, under 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 A-2 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 Fresno 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 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 OR ADMINISTRATOR 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 and administrator 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 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.
BOND PROJECT LIST
Scope of Projects. Bond proceeds will be expended on the modernization, renovation, expansion, acquisition, construction, reconstruction, rehabilitation, and/or replacement of school facilities of the Sanger Unified School District, including the furnishing and equipping of such school facilities, located or to be located in the Sanger Unified School District, including at the following school sites and properties which have an average age of 50 years:
Elementary Schools (In order of age)
Del Rey 82 years Centerville 61 years Lincoln 70 years Madison 58 years Lone Star 70 years John S. Wash 57 years Fairmont 69 years Jackson 57 years Jefferson 63 years Ronald W. Reagan 11 years Wilson 62 years Sequoia 7 years
A-3
Intermediate and High Schools (In order of age)
Washington Academic Middle 82 years Kings River High 80 years Sanger High 19 years
Charter Schools (In order of age)
Sanger Academic Charter 63 years Quail Lake Environmental Charter 17 years Hallmark Charter 13 years
In addition to projects at the foregoing sites, bond funds will be spent on the construction and equipping of new educational facilities at additional sites to accommodate continued growth in student population and provide additional learning facilities for District students, including career, technical and vocational learning facilities, and in particular including a new educational complex providing middle school and high school facilities, to be known as the Sanger Unified School District Educational Complex and to be located in the Sunnyside area.
School Facility Project List. The projects summarized on the following list are the types of projects authorized by this bond measure to be financed with voter-approved bond proceeds, together with additional financing sources the District will pursue, if available. The specific examples included on this list are not intended to limit the generality of the broader types of projects described and authorized by this measure. The types of projects authorized are:
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Each of the bond projects described in this Bond Project List include the costs of furnishing and equipping such facilities, and all costs 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; interim classrooms and facilities for students, administrators, and school functions, including modular facilities; 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 election; bond issuance costs; and project administration during the duration of such projects.
Bond proceeds may also be expended to acquire real property (or any interest in real property) as needed for future educational and support. 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 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 Board of Trustees.
This measure authorizes the District to spend bond funds on facility/school site improvements to encourage community-wide use of school facilities, buildings and fields. This includes entering into agreements with the City of Sanger, City of Fresno, County of Fresno, or other agencies or nonprofit organizations for joint use of any projects financed in whole or in part with bond funds, in accordance with Education Code. The District may seek matching funds or State grants for eligible joint-use projects if available and as permitted by law, and bond funds may be used to fund all or a portion of the District's share of such eligible projects as determined by the Board of Trustees.
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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 this bond measure. The District plans to continue to pursue funds from the State of California, if available, to provide additional funding sources for the facilities projects identified above. 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 bonding capacity.
The order in which school facilities projects are listed above does not suggest an order of priority. Project priorities will be determined by the Board of Trustees. The District is unable to anticipate all unforeseen circumstances which may prevent some of the projects listed above from being undertaken or completed.
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Tax Rate Statement
2018 JUL 12pm2:45:41
An election will be held in the Sanger Unified School District (the "District") on November 6, 2018 to authorize the sale of $70,000,000 in general obligation bonds. If such bonds are authorized and sold, principal and interest on the bonds will be payable only from the proceeds of tax levies made on the taxable property in the District. These estimates are based on projections derived from information obtained from official sources and other demonstrable factors. 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 following information is submitted in compliance with Sections 9400-9404 of the California Elections Code.
Based upon the forgoing and projections of the District's assessed valuation, 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 and other factors. Actual assessed valuations will depend upon the amount and value of taxable property within the District as determined by the County Assessor in the assessment and the equalization process.
Voters should note that the estimated tax rates are based on the ASSESSED VALUE of taxable property in the District as shown on the 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.
Dated: _July 12, 2018_
FILED
JUL 12 2018
By _
DEPUTY
Adela Jones
Superintendent
Sanger Unified School District
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Agenda of June 26, 2018 (complete item)
O.13. RESOLUTION NO. 17-18~55 ORDERING AN ELECTION TO AUTHORIZE THE ISSUANCE OF SCHOOL BONDS, ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER AND REQUESTING CONSOLIDATION WITH OTHER ELECTIONS OCCURRING ON NOVEMBER 6, 2018
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O.14. ALTERNATIVE APPENDIX B STATEMENT FOR BOND MEASURE RESOLUTION 17-18~55
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Agenda of July 24, 2018 (complete item)
O. DISCUSSION/ACTION ITEMS |
O.1. RESOLUTION NO. 18-19~02 OF THE BOARD OF TRUSTEES OF THE SANGER UNIFIED SCHOOL DISTRICT AUTHORIZING DEBT SERVICE ESTIMATE TO BE PROVIDED TO THE COUNTY OF FRESNO RESPECTING UNSOLD GENERAL OBLIGATION BONDS OF THE SANGER UNIFIED SCHOOL DISTRICT FOR FISCAL YEAR 2018-19
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O.2. RESOLUTION NO. 18-19~03 OF THE BOARD OF TRUSTEES OF THE SANGER UNIFIED SCHOOL DISTRICT, AUTHORIZING THE ISSUANCE AND SALE OF GENERAL OBLIGATION BONDS, ELECTION OF 2016, SERIES B, IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED TWENTY MILLION DOLLARS ($20,000,000) AND APPROVING RELATED DOCUMENTS AND ACTIONS
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RESOLUTION NO. 17-18~55
RESOLUTION OF THE BOARD OF TRUSTEES OF THE
SANGER UNIFIED SCHOOL DISTRICT ORDERING AN ELECTION
TO AUTHORIZE THE ISSUANCE OF SCHOOL BONDS,
ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER,
AND REQUESTING CONSOLIDATION WITH OTHER ELECTIONS
OCCURRING ON NOVEMBER 6, 2018
WHEREAS, the Sanger Unified School District (the "District") is committed to providing quality education to its students; and
WHEREAS, District facilities need repairs, upgrades, modernization and expansion in order to provide the education District students deserve in a safe and modern environment, including in particular the construction of school facilities serving middle and high school students to be known as the Sanger Unified School District Educational Complex; and
WHEREAS, a local funding source is needed to enable the District to provide said facilities for its present and future students; and
WHEREAS, the Board of Trustees of the District (the "Board") has determined that it is necessary to address the foregoing concerns, among others, to ensure that its schools are upgraded, repaired, improved and equipped; and
WHEREAS, on November 7, 2000, the voters of the State of California approved Proposition 39 ("Proposition 39"), which amended Articles XIIIA of the California Constitution ("Article XIIIA") to allow for the levy of ad valorem property taxes for the payment of bonded indebtedness of a school district, community college district or county office of education approved by at least 55 percent of the voters voting on such proposition; and
WHEREAS, upon the passage of Proposition 39, the Strict Accountability in Local School Construction Bonds Act of 2000, being California Education Code Section 15264 and following (the "Act"), became operative; and
WHEREAS, in order to address the facilities needs of the District as described herein, in the judgment of the Board, it is advisable to call an election pursuant to the Act to submit to the electors of the District the question whether bonds of the District shall be issued and sold pursuant to the authority of Article XVI Section 18 of the California Constitution and Article XIIIA (together with the Act, the "Law") for the purposes authorized by the Law and as described in Appendix A hereto (the "Full Text of Bond Measure"); and
WHEREAS, under the Act, the election may be ordered at a primary or general election, a regularly scheduled local election at which all of the electors of the District are entitled to vote, or a statewide special election, upon a two-thirds vote of the Board; and
WHEREAS, the Board desires to call an election in the District pursuant to the Law on November 6, 2018, which is the date of the statewide general election, and -2- pursuant to Education Code Section 15121 and Elections Code Section 10400 and following, to request consolidation with any and all other elections held in the District on such date, and to request the Fresno County Registrar of Voters (the "County Registrar") to perform election services for the District;
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, if any; and
NOW, THEREFORE, THE BOARD OF TRUSTEES OF THE SANGER UNIFIED 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 the maximum principal amount of $70 million for the purposes described in the ballot measure approved under Section 4 and attached hereto as Appendix A (Full Text of Bond Measure) and Appendix B (Abbreviated Text of Bond Measure), 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, a full copy of which is attached hereto as Appendix A and marked "Appendix A – Full Text of Bond Measure" (the "Full Text of the Measure"), containing the question of whether the District shall issue general obligation bonds for the purposes stated therein, together with the accountability requirements of Article XIIIA and the requirements of Section 15272 of the Act. 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 by the County elections official, and may be inserted by the County elections official in Appendix A and B, where appropriate. 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 and is marked as "Appendix B – Abbreviated Form of Bond Measure."
The President of the Board and the Superintendent are hereby separately authorized and directed by the Board to make any changes to the text of the measure appearing on Appendix A and Appendix B hereto to conform to any requirements of the Law or of the County Registrar or upon the advice of the District's legal counsel, by written direction provided to the County Registrar. Such authority expressly extends to directing changes to the 75-word statement of the measure on Appendix B resulting from -3- an amendment or suspension of the provisions of Elections Code Section 13119 which may become effective prior to the date that the ballot materials are prepared. In such case, an alternate Appendix B approved by motion of the Board may be delivered to the County Registrar as part of this Resolution.
Section 5. Authority for Election. The authority for ordering the election is contained in Section 15264 et. seq. of the Education Code, Article XVI Section 18(b) of the California Constitution and 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 Article XIII A, Section 1(b)(3) as further specified in Appendix A, and not for any other purpose, including teacher and administrator 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 percent of the voters voting in the District approve of the Bonds, the Board shall:
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 some 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 -4- 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."
Section 9. Delivery of this Resolution. The Clerk of the Board is hereby directed to send a copy of this Resolution to (1) the County Registrar, and (2) the Fresno County Clerk of the Board of Supervisors (the "Clerk of the Board") for purposes of consolidation pursuant to Elections Code Section 10403. The Resolution shall be received by the County Registrar and the Clerk of the Board 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 hereto 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 Fresno 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 Fresno 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 Fresno County in full from District general funds 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. Approval of Tax Rate Statement. Pursuant to Elections Code Section 9401, a tax rate statement has been prepared in the form on file with the Clerk of the Board, 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 foregoing, are hereby separately authorized and directed to execute the tax rate statement, and to file said Statement with the County Registrar, in accordance with Section 9 hereof.
Section 12. 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 13. Maturity Limit of Bonds. The Bonds may be issued in one or more 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. Estimates Included in Ballot Materials. The measure authorized by this Resolution may include certain information which is based upon reasonable assumptions and current expectations, which may include information with respect to the -5- amount of money to be raised annually to repay issued bonds, the estimated rate of the approved tax per $100 of assessed valuation, and the period through which the proposed tax supporting bond repayment will be levied and collected. Any such estimates have been provided by the District in good faith based upon information currently available to the District, but depend on numerous variables which are subject to variation and change over the term of the District's overall facilities and bond financing plan. 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.
Section 15. Official Actions. The President of the Board and the Superintendent 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 16. 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 Sanger Unified School District of Fresno County, being the Board authorized by law to make the designations therein contained by the following vote, on June 26, 2018.
Adopted by the following votes: [5 'yes' votes required for adoption]
AYES:
NOES:
ABSENT:
ABSTAIN:
President of the Board
Attest:
Clerk/Secretary of the Board
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