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Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate 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 Westside Elementary 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, 0642210, 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 Resolution
APPENDIX B
ABBREVIATED FORM OF BOND MEASURE
JUL27PM1:08
To improve the quality of education; repair or replace leaky roofs; modernize/renovate outdated classrooms, restrooms and school facilities; and make health, safety and handicapped accessibility improvements; shall Westside Elementary School District issue $3,500,000 of bonds at legal interest rates, generating on average $208,000 annually for issued bonds through maturity from levies of approximately $0.03 per $100 assessed value, with annual audits, independent citizens' oversight committee, NO money for salaries and all money for local schools?
Bonds-Yes Bonds-No
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Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Resolution
FILED
AUG 09 2018
By_
DEPUTY
WESTSIDE ELEMENTARY 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 Westside Elementary School District (the "District") to issue and sell bonds in the maximum amount of Three and One-half Million Dollars ($3,500,000.00), 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 aging and outdated school facilities, including the furnishing and equipping of school facilities or the acquisition or lease of real property for 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 and based upon projections from official sources including experience within the District. 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
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Resolution
FILED
AUG 06 2018
By_ CLERK
DEPUTY
Argument in Favor of Measure
Westside Elementary School District
Every child deserves to learn in quality school facilities. Your YES VOTE on Measure _ generations of our local students for future success.
Westside Elementary School District has served our community well for over 96 years. However, our school has grown old and is overdue for repairs. It has been nearly 30 years since we passed our last school improvement measure and our elementary school facilities need to be brought up to current safety and efficiency standards. Measure _ authorizes funds for needed facility repairs and upgrades to improve student safety, instruction, and learning. NO other funding currently exists to upgrade these facilities.
If passed, Measure _ will provide funding to make facility improvements at our school including:
Measure _ makes financial sense and protects taxpayers.
Measure _ upgrades and renovates old and inadequate school facilities, improves the education of local children, and maintains the quality of our community. Protecting our local, high quality education is a wise investment for your property values and a strong community.
JOIN US and VOTE YES on Measure _.
The undersigned proponent(s) or author(s) of the PRIMARY argument IN FAVOR OF ballot MEASURE at the GENERAL election for the WESTSIDE ELEMENTARY SCHOOL DISTRICT to be held on NOVEMBER 6, 2018, hereby state that such argument is true and correct to the best of THEIR knowledge and belief.
(Signature/Date) (Signature/Date)
Sharon Knapp
Retired Teacher Westside Elementary (Printed Name/Title)
Chung Cho Gong
Lassen Market Owner (Printed Name/Title)
(Signature/Date) (Signature/Date)
John C. Harris
Chairman (Printed Name/Title)
John E Diener
Farmer (Printed Name/Title)
(Signature/Date)
K. William Bordeaux,
VP (Printed Name/Title)
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Resolution
No Argument Against Filed.
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Resolution
APPENDIX A
FULL TEXT OF BOND MEASURE
JUL27PM1:08
BOND AUTHORIZATION
By approval of this measure by at least 55 percent of the registered voters voting on the measure, the Westside Elementary School District will be authorized to issue and sell bonds of up to $3.5 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 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 School Board has identified detailed facilities needs of the District and has determined which projects to finance from a local bond. The School Board 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 Governing Board 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 School Board.
Performance Audits. The School Board 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 School Board 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 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 Governing Board of the District
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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 XIIIA, 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.
INFORMATION ABOUT 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
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 Westside Elementary School District, including the furnishing and equipping of such school facilities. This measure authorizes bond projects to be undertaken at all current and future District education and support sites.
School Facility Project List. The items presented on the following list provide are the types of projects authorized to be financed with voter-approved bond proceeds. Specific examples included on this list are not intended to limit the broad 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 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, painting, 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; the costs of interim housing and storage during construction including relocation and construction costs incurred
A-3
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 plans to pursue other available funding sources such as 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.
A-4
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Resolution
APPENDIX C
JUL27PM1:08
TAX RATE STATEMENT
REGARDING PROPOSED
WESTSIDE ELEMENTARY SCHOOL DISTRICT
GENERAL OBLlGATlON BONDS
An election will be held in the Westside Elementary School District (the "District") on November 6, 2018, to authorize the sale of up to $3.5 million in 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 provided 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:
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 or durations 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
C-1
Superintendent
Westside Elementary School District
C-2
Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Resolution
FILED
JUL 27 2018
By_
CLERK
RESOLUTION OF THE GOVERNING BOARD OF
WESTSIDE ELEMENTARY SCHOOL DISTRICT
In the Matter of Ordering an Election )
to Authorize the Issuance of School ) Resolution Number 2019-02
Bonds )
RESOLUTION OF THE GOVERNING BOARD OF THE
WESTSIDE ELEMENTARY 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 Westside Elementary School District (the "District") in Fresno County (the "County"), State of California, is committed to providing quality education to its students; and
WHEREAS, the District's facilities are in need of repairs, upgrades, modernization and safety improvements in order to provide the education District students deserve in a safe and modern environment; 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 Governing Board 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 XllIA") 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 Bond 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
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 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; 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
NOW, THEREFORE, THE GOVERNING BOARD OF THE WESTSIDE 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 the maximum principal amount of $3.5 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. 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
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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 XIIIA, 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. State Matching Funds. The Board hereby finds that some of the projects identified on the Full Text of Measure will require state matching funds for completion. As such, the statement required by Education Code Section 15122.5 has
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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 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 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 attached hereto as Appendix C, 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 amount of money required 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
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Section 15. Engagement of Bond Counsel. Jones Hall, A Professional Law Corporation, is hereby engaged to serve as Bond Counsel and Disclosure Counsel with respect to the Bonds. The Superintendent is directed and authorized to execute the legal services agreement on file with said official.
Section 16. 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 17. Effective Date. This resolution shall take effect on and after its adoption.
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The foregoing Resolution was adopted by the Governing Board of the Westside Elementary School District of Fresno County. being the Board authorized by law to make the designations therein contained by the following vote, on July 24, 2018.
Adopted by the following votes: [2/3 of Board required for approval]
AYES: 6
NOES:
ABSENT:
ABSTAIN:
Gloria Pena
President of the Board
Attest:
Ismael Reyes
Clerk/Secretary of the Board
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Commentary Question Analysis Argument in Favor Argument Against Full Text Tax Rate Resolution
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