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Commentary Question Argument in Favor Argument Against Full Text Agenda Resolution Notice
Your Humboldt 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 Cutten 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, Humboldt, 0610380, 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 Argument in Favor Argument Against Full Text Agenda Resolution Notice
To modernize/upgrade classrooms, restrooms and school facilities, repair/replace leaky roofs, and increase student access to computers/modern technology that improves the quality of education, shall Cutten School District issue $4,000,000 of bonds, with legal rates, projected average annual levies of $0.03 per $100 of assessed valuation while the bonds are outstanding (an estimated $140,000 on average raised annually), annual audits, independent citizens' oversight committee, NO money for administrator salaries and all money for local schools?
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.
To modernize outdated classrooms, restrooms and school facilities; replace deteriorating plumbing and sewer systems; upgrade inadequate electrical systems; repair or replace leaky roofs; and increase student access to computers and modern technology that improves the quality of education, shall Cutten School District issue $4,000,000 of bonds, at legal interest rates, with independent citizens' oversight, annual audits, No money used for teacher or administrator salaries and all money for local schools?
Commentary Question Argument in Favor Argument Against Full Text Agenda Resolution Notice
Argument in Favor of Measure __
Cutten School District
Everyone knows the importance and value of having quality schools. From higher achieving students, to greater neighborhood safety, to increased home values, quality schools make a difference. While our teachers and staff do their best in educating our children, many classrooms and school facilities at the Cutten School District are outdated and inadequate to provide students with the facilities they need to succeed. This is why our children need your YES vote on Measure __!
Although our schools have been well maintained over the years, aging classrooms and facilities must be upgraded since many do not meet 21st century standards. Measure __ would allow the District to improve our elementary schools and the quality of education provided to local children. By investing in our schools, we can meet today's safety, technological, and educational standards and better our community.
If passed, Measure __ will provide funding to make facility improvements at Ridgewood School and Cutten School by:
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. That's something we can all support. Please join us and VOTE YES ON MEASURE __!
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Commentary Question Argument in Favor Argument Against Full Text Agenda Resolution Notice
No Argument Against Filed.
Commentary Question Argument in Favor Argument Against Full Text Agenda Resolution Notice
Measure L Full Text
Cutten School District Bond
School Modernization and Renovation
BOND AUTHORIZATION
By approval of this proposition by at least 55% of the voters of the Cutten School District (the "District") voting on the proposition, the District shall be authorized to issue and sell bonds of up to $4,000,000 in aggregate principal amount to provide financing for the specific school facilities projects listed under the heading entitled "BOND PROJECT LIST" below (the "Bond Project List"), and qualify to receive State of California matching grant funds, subject to all of the accountability safeguards specified below.
ACCOUNTABILITY SAFEGUARDS
The provisions in this section are specifically included in this proposition in order that the voters and taxpayers of the District may be assured that their money will be spent to address specific school facilities needs of the District, all in compliance with the requirements of Article XIIIA, Section 1(b)(3) of the California Constitution, and the Strict Accountability in Local School Construction Bonds Act of 2000 (codified at Sections 15264 and following of the California Education Code (the "Education Code")).
Evaluation of Needs. The Board of Trustees of the District (the "Board") certifies that it has evaluated safety, class size reduction and information technology needs in developing the Bond Project List.
Limitations on Use of Bonds. Proceeds from the sale of bonds authorized by this proposition shall be used only for the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, including, to the extent permitted by law, the acquisition or lease of real property in connection with a future financing of the specific school facilities projects listed in the Bond Project List, including the prepayment of future interim lease, certificate of participation or lease revenue bond financings, and not for any other purpose, including teacher and administrator salaries and other school operating expenses.
Independent Citizens' Oversight Committee. The Board shall establish an independent citizens' oversight committee (pursuant to Education Code Section 15278 and following), to ensure bond proceeds are expended only for the school facilities projects listed in the Bond Project List. The committee shall be established within 60 days of the date that the Board enters the election results on its minutes pursuant to Section 15274 of the Education Code. In accordance with Section 15282 of the Education Code, the citizens' oversight committee shall consist of at least seven members and shall include a member active in a business organization representing the business community located within the District, a member active in a senior citizens' organization, a member active in a bona fide taxpayers' organization, a member that is a parent or guardian of a child enrolled in the District, and a member that is both a parent or guardian of a child enrolled in the District and active in a parent-teacher organization. No employee or official of the District and no vendor, contractor or consultant of the District shall be appointed to the citizens' oversight committee.
Annual Performance Audits. The Board shall conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the school facilities projects listed in the Bond Project List. These audits shall be conducted in accordance with the Government Auditing Standards issued by the Comptroller General of the United States for performance audits. The results of these audits shall be made publicly available and shall be submitted to the citizens' oversight committee in accordance with Section 15286 of the Education Code.
Annual Financial Audits. The Board shall conduct an annual, independent financial audit of the bond proceeds until all of those proceeds have been spent for the school facilities projects listed in the Bond Project List. These audits shall be conducted in accordance with the Government Auditing Standards issued by the Comptroller General of the United States for financial audits. The results of these audits shall be made publicly available and shall be submitted to the citizens' oversight committee in accordance with Section 15286 of the Education Code.
Special Bond Proceeds Account; Annual Report to Board. Upon approval of this proposition and the sale of any bonds approved, the Board shall take actions necessary to establish an account in which proceeds of the sale of bonds will be deposited. As long as any proceeds of the bonds remain unexpended, the Superintendent of the District shall cause a report to be filed with the Board no later than January 1 of each year, commencing on the first January 1 after the sale of the first series of bonds, stating (a) the amount of bond proceeds received and expended in that year, and (b) the status of any project funded or to be funded from bond proceeds. The report may relate to the calendar year, fiscal year, or other appropriate annual period as the Superintendent of the District shall determine, and may be incorporated into the annual budget, audit, or other appropriate routine report to the Board.
FURTHER SPECIFICATIONS
Joint-Use Projects. The District may enter into agreements with other public agencies or nonprofit organizations for joint use of school facilities financed with the proceeds of the bonds in accordance with Education Code Section 17077.42 (or any successor provision). The District may seek State grant funds for eligible joint-use projects as permitted by law, and this proposition hereby specifies and acknowledges that bond funds will or may be used to fund all or a portion of the local share for any eligible joint-use projects identified in the Bond Project List or as otherwise permitted by California State regulations, as the Board shall determine.
Single Purpose. All of the purposes enumerated in this proposition shall be united and voted upon as one single proposition, pursuant to Education Code Section 15100, and all the enumerated purposes shall constitute the specific single purpose of the bonds, and proceeds of the bonds shall be spent only for such purpose, pursuant to California Government Code Section 53410.
Other Terms of the Bonds. When sold, the bonds shall bear interest at an annual rate not exceeding the statutory maximum, and that interest shall be made payable at the time or times permitted by law. The bonds may be issued and sold in several series, and no bond shall be made to mature more than the statutory maximum number of years from the date borne by that bond.
ESTIMATED BALLOT INFORMATION
The District is required by law to include in the statement of the measure to be voted on estimates of the amount of money to be raised annually to repay the bonds and the rate and duration of the tax to be levied for the bonds. As of the time this proposition was placed on the ballot, the District estimated an average of $140,000 of money would be raised annually for the repayment of the authorized bonds for as long as the bonds are outstanding at projected average tax rates of approximately $0.03 cents per $100 of assessed valuation. Attention of all voters is directed to the fact that such information is based upon the District's projections and estimates only, which are not binding upon the District. The amount of money to be raised annually and the rate and duration of the tax to be levied for the bonds may vary from those presently estimated due to variations from these estimates in the timing of bond sales, the amount of bonds sold and market interest rates at the time of each sale, and actual assessed valuations over the term of repayment of the bonds. The dates of sale and the amount of bonds sold at any given time will be determined by the District based on need for construction funds and other factors. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of each sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the County Assessor in the annual assessment and the equalization process.
BOND PROJECT LIST
The Bond Project List below lists the specific projects the District proposes to finance with proceeds of the bonds. The Bond Project List shall be considered a part of the bond proposition and shall be reproduced in any official document required to contain the full statement of the bond proposition. Listed projects will be completed as needed at a particular school or facility site according to Board-established priorities, and the order in which such projects appear on the Bond Project List is not an indication of priority for funding or completion. Any authorized repairs shall be capital expenditures. The Bond Project List does not authorize non-capital expenditures. Each project is assumed to include its share of costs of the election and bond issuance, construction-related costs, such as project and construction management, architectural, engineering, inspection and similar planning and testing costs, demolition and interim housing costs, legal, accounting and similar fees, costs related to the independent annual financial and performance audits, a contingency for unforeseen design and construction costs, and other costs incidental to or necessary for completion of the listed projects (whether the related work is performed by the District or third parties). The final cost of each project will be determined as plans are finalized, construction bids are awarded, and projects are completed. In addition, certain construction funds expected from non-bond sources, including State of California grant funds for eligible projects, have not yet been secured. Therefore, the Board cannot guarantee that the bonds will provide sufficient funds to allow completion of all listed projects. Alternatively, if the District obtains unexpected funds from non-bond sources with respect to listed projects, such projects may be enhanced, supplemented or expanded to the extent of such funds. Some projects may be subject to further government approvals, including by State officials and boards and/or local environmental or agency approval. Inclusion of a project on the Bond Project List is not a guarantee that the project will be completed (regardless of whether bond funds are available).
The specific projects authorized to be financed with proceeds of the bonds under this proposition are as follows:
SCHOOL MODERNIZATION AND RENOVATION MEASURE PROJECTS
The following projects are authorized to be financed Districtwide.
School Renovation, Construction and Upgrade Projects
All or portions of these projects may be used as joint-use projects within the meaning of Section 17077.42(c) of the Education Code (or any successor provision).
School Site Health, Safety and Security Projects
All or portions of these projects may be used as joint-use projects within the meaning of Section 17077.42(c) of the Education Code (or any successor provision).
District-Wide Wiring and Technology for Instructional Support and Effective Learning Environment Projects
MISCELLANEOUS
All listed bond projects include the following as needed:
GENERAL PROVISIONS
Severability. If any provision of this bond proposition, or part thereof, is for any reason held by a court of competent jurisdiction to be invalid for any reason, the remaining provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of this bond proposition are severable.
Headings. The headings or titles of the sections of the bond proposition, including any headings or titles included in the bond project list, are solely for convenience of reference and shall not affect the meaning, construction or effect of the bond proposition.
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Agenda of June 18, 2018 (complete item)
CUTTEN ELEMENTARY SCHOOL DISTRICT
BOARD OF TRUSTEES
SPECIAL BOARD MEETING
AGENDA
June 18, 2018 6:00 pm
3.0 INFORMATION / POSSIBLE ACTION ITEMS
3.2 Approval of Resolution No. 1018-11 Resolution of the Board of Trustees of the Cutten School District Ordering a School Bond Election, and Authorizing Necessary Actions in Connection Therewith
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RESOLUTION NO. 1018-11
RESOLUTION OF THE BOARD OF TRUSTEES OF THE
CUTTEN SCHOOL DISTRICT ORDERING A SCHOOL BOND
ELECTION, AND AUTHORIZING NECESSARY ACTIONS IN
CONNECTION THEREWITH
___________________________________
WHEREAS, the Board of Trustees (the "Board") of the Cutten School District (the "District"), located in the County of Humboldt (the "County"), is authorized to order elections within the District and to designate the specifications thereof, pursuant to Sections 5304 and 5322 of the California Education Code (the "Education Code"); and
WHEREAS, the Board is specifically authorized to order elections for the purpose of submitting to the electors the question of Whether bonds of the District shall be issued and sold for the purpose of raising money for the purposes hereinafter specified, pursuant to Education Code Sections 15100 et seq.; and
WHEREAS, pursuant to Section 18 of Article XVI and Section 1 of Article XIIIA of the California Constitution, and Section 15266 of the Education Code, school districts may seek approval of bonds and levy an ad valorem tax to repay those bonds upon a 55% vote of those voting on a proposition for the purposes hereinafter specified, provided certain accountability requirements are included in the proposition, including (a) that the proceeds from the sale of the bonds be used only for the purposes specified in Article XIIIA, Section 1(b)(3) of the Constitution, and not for any other purpose, including teacher and administrator salaries and other school operating expenses, (b) that a list of the specific school facilities projects to be funded be included, which the school district board has certified that it has evaluated safety, class size reduction and information technology needs in developing, and (c) that performance and financial audits be required and there be oversight by an independent citizens' oversight committee to ensure that all funds are spent properly and as promised to the voters; and
WHEREAS, the Board deems it necessary and advisable to submit such a bond proposition to the electors, which, if approved by 5 5% of the votes cast, would permit the District to issue its bonds; and
WHEREAS, such a bond election must be conducted concurrent with a statewide primary election, general election or special election, or at a regularly scheduled local election at which all of the electors of the District are entitled to vote, as required by Section 15266 of the Education Code; and
WHEREAS, on November 6, 2018, a statewide general election is scheduled to be conducted throughout the District; and
WHEREAS, subsection (c) of Section 15100 of the Education Code provides that, before the governing board of a school district may order an election pursuant to Education Code Sections 15100 et seq., it shall obtain reasonable and informed projections of assessed property
4129-0628-2003.4
WHEREAS, although the County Assessor does not make projections of assessed property valuations beyond next succeeding tax year, the Board has been presented with projections of assessed property valuations of the property within the boundaries of the District in connection with developing the bond proposition that take into consideration, among other things, the long-term historical average growth rates of assessed property valuations of the property within the boundaries of the District and the Board finds those projections to be reasonable and informed; and
WHEREAS, the Board has determined that, based upon such projections of assessed property valuation, if approved by voters, the tax rate levied to meet the debt service requirements of the bonds proposed to be issued will not exceed the maximum tax rate permitted by Section 15268 of the Education Code; and
WHEREAS, Section 9400 et seq. of the California Elections Code (the "Elections Code") requires that a tax information statement be contained in all official materials, including any voter information guide prepared, sponsored or distributed by the District, relating to the election; and
WHEREAS, the Board now desires to authorize the filing of a ballot argument in favor of the bond proposition to be submitted to the voters at the election; and
WHEREAS, if a project or projects to be funded by the bonds will require State of California matching grant funds for any phase, the sample ballot must contain a statement, in the form prescribed by law, advising the voters of that fact, and the Board finds that completion of all or a portion of certain of the projects listed in the bond proposition set forth herein will require State matching grant funds for any phase thereof;
NOW, THEREFORE, be it resolved, determined and ordered by the Board of Trustees of the Cutten School District as follows:
Section 1. Recitals. All of the above recitals are true and correct.
Section 2. Specifications of Election Order; Required Certification. Pursuant to Education Code Sections 5304, 5322, 15100 et seq., and 15266, and Section 18 of Article XVI and Section 1 of Article XIIIA of the California Constitution, a special election shall be held within the boundaries of the District on November 6, 2018, for the purpose of submitting to the registered voters of the District the bond proposition contained in Exhibit A attached hereto and incorporated herein. In accordance with Section 1 of Article XIIIA of the California Constitution, and as provided in the text of the bond proposition, the Board hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the bond project list set forth in the bond proposition.
Section 3. Conduct of Election.
"To modernize/upgrade classrooms, restrooms and school facilities, repair/replace leaky roofs, and increase student access to computers/modern technology that improves the quality of education, shall Cutten School District issue $4,000,000 of bonds, with legal rates, projected average annual levies of $0.03 per $100 of assessed valuation while the bonds are outstanding (an estimated $140,000 on average raised annually), annual audits, independent citizens' oversight committee, NO money for administrator salaries and all money for local schools?
"The above statement is an impartial analysis of Measure _. If you desire a copy of the measure, please call the County Registrar of Voters at (707) 445- 7481 or the Cutten School District at (707) 441-3900, and a copy will be mailed at no cost to you. Measure is also available on the Internet at http://www. http://www.humboldt.k12.ca.us/cutten_sd/."
"If Measure __ is approved, the Board of Trustees of the Cutten School District will appoint a citizens' oversight committee and conduct annual independent audits to assure that bond funds are spent only on the construction, reconstruction, rehabilitation, or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, and for no other purposes.3
"Approval of Measure _ does not guarantee that the proposed project or projects in the Cutten School District that are the subject of bonds under Measure _ will be funded beyond the local revenues generated by Measure _. The District 's proposal for the project or projects may assume the receipt of matching State funds, which could be subject to appropriation by the Legislature or approval of a statewide bond measure.
Section 4. Delivery of Order of Election to County Officers. The Clerk of the Board of the District is hereby directed to cause to be filed as soon as practicable, and in any event no later than August 10, 2018 (which date is not fewer than 88 days prior to the date set for the election), one mm of this Resolution to the Registrar of Voters, including the tax information statement attached hereto as Exhibit B, containing the information required by Elections Code Section 9400 et seq., completed and signed by the Superintendent of the District, and shall file a copy of this Resolution with the Clerk of the Board of Supervisors of the County.
Section 5. Ballot Arguments. The President of the Board, or any member or members of the Board as the President shall designate, are hereby authorized, but not directed, to prepare and file with the Registrar of Voters a ballot argument in favor of the bond proposition, within the time established by the Registrar of Voters, which shall be considered the official ballot argument of the Board as sponsor of the bond proposition.
Section 6. Further Authorization.
"To modernize outdated classrooms, restrooms and school facilities; replace deteriorating plumbing and sewer systems; upgrade inadequate electrical systems; repair or replace leaky roofs; and increase student access to computers and modern technology that improves the quality of education, shall Cutten School District issue $4,000,000 of bonds, at legal interest rates, with independent citizens' oversight, annual audits, No money used for teacher or administrator salaries and all money for local schools?and (ii) the section entitled "Estimated Ballot Information" contained in the full text of the bond proposition in Exhibit A attached hereto shall be deemed deleted therefrom in its entirety. To the extent such exemption or suspension becomes effective, the members of the Board, the Superintendent of the District, and all other officers of the District are hereby authorized and directed, individually and collectively, to coordinate and effectuate such replacement of the ballot statement contained in Section (3)(b) and modification to the full text of the bond proposition contained in Exhibit A attached hereto with the Registrar of Voters.
Section 7. Effective Date. This Resolution shall take effect upon its adoption by a two-thirds vote.
PASSED AND ADOPTED this day, June 18, 2018, by the following vote:
AYES: _5_
NOES: _0_
ABSTAIN: _0_
ABSENT: _0_
APPROVED:
s/Dennis Reinholtsen
President of the Board of Trustees of the
Cutten School District
Attest:
s/Verne Skjonsby
Clerk of the Board of Trustees of the
Cutten School District
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Notice Authentication Number:
201811241506576810729
791107415
Notice Publish Date:
Tuesday, August 07, 2018
Notice Content
NOTICE OF ELECTION & NOTICE OF DATE FIXED FOR SUBMISSION OF ARGUMENTS
CUTTEN SCHOOL DISTRICT SCHOOL BOND ELECTION MEASURE L
NOTICE IS HEREBY GIVEN to the qualified electors of the CUTTEN SCHOOL DISTRICT that an election shall be held on the 6th day of November, 2018, for the purpose of submitting to the voters of the district the following measure:
"To modernize/upgrade classrooms, restrooms and school facilities, repair/replace leaky roofs, and increase student access to computers/modern technology that improves the quality of education, shall Cutten School District issue $4,000,000 of bonds, with legal rates, projected average annual levies of $0.03 per $100 of assessed valuation while the bonds are outstanding (an estimated $140,000 on average raised annually), annual audits, independent citizens' oversight committee, NO money for administrator salaries and all money for local schools?"
Bonds Yes Bonds No
NOTICE IS FURTHER GIVEN that written arguments shall be submitted to the Humboldt County Office of Elections no later than August 15, 2018, by 5:00 p.m. until which time arguments may be changed or withdrawn by the proponents until and including the date fixed for filing arguments. The Humboldt County Office of Elections is located at 2426 6th St, Eureka, California. The governing board or any member or members of the board authorized by the board or any individual voter who is eligible to vote on the measure or bona fide association of citizens or any combination of such voters and associations may file written argument(s) for or against the measure. No arguments submitted will be accepted unless accompanied by the name(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization and the name of at least one of its principal officers. No arguments shall exceed 300 words in length. Arguments submitted shall be entitled either "Argument in Favor of Measure L" or "Argument Against Measure L." If more than one argument for "Measure L" or more than one argument against "Measure L" is submitted to the Office of Elections within the time prescribed, the clerk shall select one argument in favor of the measure and one argument against the measure for printing and distribution to the voters of Cutten School District.
NOTICE IS FURTHER GIVEN that on the 6th day of November, the polls shall open at 7:00 a.m. and shall close at 8:00 p.m.
Dated: July 26th
Kelly E. Sanders
County Clerk, Recorder & Registrar of Voters
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