Visalia Unified Schools: Vote Yes on Measure A Bonds - Tulare 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 A Campaign

#HonestBallots Movement

Your Tulare 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 Visalia 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, Tulare, 0641160, 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 Government Financial Strategies (Jonathan S. Edwards). 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.

  Welcome    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Measure A Question

To protect quality education with funding that cannot be taken by the State, shall Visalia Unified School District: upgrade classrooms, labs and computer systems to support science, technology, English, arts and math; prevent school/classroom overcrowding; and improve school safety/security; by issuing $105,300,000 in bonds at legal rates, repaying an annual average of $7,560,000 for 30 years, at approximately $36 per $100,000 of assessed value, with independent oversight, no money for administrators, and all funds 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.

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EXHIBIT A-1

BALLOT MEASURE
ABBREVIATED FORM

"To protect quality education with funding that cannot be taken by the State, shall Visalia Unified School District: upgrade classrooms, labs and computer systems to support programs in science, technology, English, arts and math; and upgrade/construct high school classrooms/other school facilities to prevent overcrowding; and modernize/construct classrooms/educational facilities to meet current safety codes; by issuing $109,000,000 in bonds at legal rates, with independent oversight, no money for administrators' salaries, and all funds staying local?"

Bonds-Yes Bonds-No

(75 words)

Exhibit A-1, page 1
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  Welcome    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Impartial Analysis for Measure A

1

FILED
AUG 24 2018
TULARE COUNTY
REGISTRAR OF VOTERS

IMPARTIAL ANALYSIS BY COUNTY COUNSEL

VISALIA UNIFIED SCHOOL DISTRICT

BOND MEASURE

(November 6, 2018 election)

The California Constitution and Education Code authorize a school district to issue bonds for spec- ified purposes if issuance of the bonds is approved at an election by 55% of those voting on it.

The Board of Education of the Visalia Unified School District (the "Board") proposes this meas- ure, which would authorize the Board to issue and sell general obligation bonds in a principal amount not to exceed $105,300,000. The bonds will have an interest rate not exceeding the legal maximum and will be repaid within the time permitted by law. The Tax Rate Statement printed in this pamphlet contains the Board's best estimates of tax rates required to service the bond debt during the life of the bonds.

The Board's best estimate of the average annual tax rate levy to fund this bond is $36 per $100,000 of assessed valuation. This means that a property assessed at $250,000 would likely have an annual tax obligation of $90 under this measure. The best estimate of total debt service, including prin- cipal and interest is $234,345,298.

The California Constitution requires the measure to list specific projects to be funded from the bond revenue and certification that the Board has evaluated safety, class size reduction, and infor- mation technology needs in the development of that list.

The Bond Project List can be found in the full text of the measure, and includes, among other projects:

  • 0 Modernization of classrooms, school student facilities, roofing, electrical systems, and HVAC;
  • 0 Landscaping improvements, including irrigation and water distribution;
  • 0 Asphalt replacement and repair;
  • 0 Efficiency implementation for energy use throughout the district;
  • 0 Updating or replacement of existing fire safety and security systems;
  • 0 Ongoing compliance with codes, statutes, and the Americans with Disabilities Act;
  • 0 New construction and/or modernization projects, which could include charter school facil- ities;
  • 0 Provision of labor and oversight costs for proposed projects and transportation.

The measure authorizes equipment acquisition, upgrades, repairs, services, construction, and other items related to the listed projects. No proceeds from the bonds shall be used for teacher or admin- istrator salaries or operating expenses.

2

State law requires that the Board take certain steps to account for the proceeds from the bonds. Accordingly, the Board. will direct the funds to be deposited into a special account, appoint. an independent citizens' oversight committee, conduct annual independent performance and financial audits to ensure that funds are spent only for the purposes listed in the Bond Project List and for no other purposes, and prepare annual reports listing the amount of funds collected and expended and the status of any funded project.

A "yes" vote on this measure would authorize the Board to issue bonds in a principal amount not to exceed one hundred and five million, three hundred thousand dollars for the purposes listed in the project list.

A "no" vote would prevent the Board from issuing the bonds.

This measure will pass if 55% of those voting on the measure vote "yes."

DEANNE H. PETERSON
Tulare County Counsel

By: s/Aaron Zaheen
Aaron Zaheen
Deputy County Counsel

  Welcome    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution  

Argument in Favor of Measure A

1

FILED
AUG 20 2018
TULARE COUNTY
REGISTRAR OF VOTERS

VUSD Measure A Argument in Favor

Quality schools keep our neighborhoods safer and property values higher and make our community better. Measure A will provide funding to:

  • 0 Replace leaking roofs
  • 0 Provide up-to-date science labs and equipment.
  • 0 Prevent overcrowding
  • 0 Increase safety at all schools
  • 0 Provide equal access for students
  • 0 Improve access for disabled children

Measure A puts Visalia Unified in line for state matching funds, so we can increase our local investment of $105 million to approximately $225 million for needed improvements. No funds will be used for salaries; Visalia Unified's upgraded AA-rating means lower interest rates.

Our schools are aging and Sacramento takes more dollars from classrooms every year. Measure A ensures local decision-making, local control and local oversight by a committee of concerned citizens.

Visalia Unified delivered on its promise with the current bond, delivering lower taxes and more new construction than promised. The current bond generated $60 million, which helped generate $60 million of matched state funding. The resulting $120 million helped to fund:

  • 0 Construction of Ridgeview Middle School
  • 0 Construction of Redwood High School Ranger Hall
  • 0 Modernization at 8 schools

Visalia Unified has invested wisely in maintenance, but 80% of our schools are over 20 years old and 60% of our schools are over 50 years old. Our kids deserve to learn and compete in quality facilities and these schools need maintenance, safety upgrades and new technology.

Every school will benefit from Measure A.

Serving our existing and growing pOpulation will require a new high school in the next few years. Measure A will help prevent overcrowding and provide equal access to academic programs and extra and co-curricular activities for students.

Measure A will create local jobs through design and construction, and help our kids be prepared for careers and life-enriching work.

Join us in voting for Measure A, an investment in our children's and community's future.

s/ Elizabeth Wynn
Treasurer Measure A

s/ Matthew D. Graham

s/ Amy Shuklian
Tulare County Board of Supevisors

s/ Mike Olmos
Visalia City Manager (Retired)

s/ Lali Moheno

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Argument Against Measure A

No Argument Against Filed.

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Full Text of Measure A

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EXHIBIT A

BALLOT MEASURE
FULL TEXT OF THE MEASURE

Upon the passage of Measure ___, as set forth in the ballot, the Visalia Unified School District (the "District") shall be authorized to issue bonds in the aggregate amount shown in Exhibit A-1 (the "Bonds"), bearing interest at rates not exceeding the statutory limit, for the purpose of funding the school facilities projects listed below (the "Projects") at the District's school sites and properties.

Bond Accountability Measures

The Board certifies that it evaluated safety, class size reduction, and information technology needs in developing the list of the Projects set forth below.

The Board will conduct financial and performance audits annually to account for the Bond funds and for their expenditure on the specific authorized projects.

The Board will appoint a citizens' oversight committee (the "Citizens' Oversight Committee") having a minimum of seven members and including at least one member active in a business organization representing the business community located within the District, one member active in a senior citizens' organization, one member active in a bona fide taxpayers' organization, one member who is the parent or guardian of a child enrolled in the District, and one member who is both a parent or guardian of a child enrolled in the District and active in a parent-teacher organization.

The Project List set forth below describes the specific projects the District proposes to finance with proceeds of the Bonds.

Proceeds from the sale of bonds authorized by this measure shall be used only for the construction, reconstruction, rehabilitation, or replacement, along with related costs of school facilities as set forth herein, including the furnishing and equipping of said school facilities, or the acquisition or lease of real property for said school facilities.

Bond Project List

Specific projects that may be funded by the Bonds include without limitation, the following:

  • o Modernization of classrooms and facilities at any District school site.
  • o Install/update/replace/repair American Disability Act systems as required by current codes and/or the Division of the State Architect. These systems could include, but are not limited to: accessible ramps to portable classrooms; detectable warning surface on paving edge; install/repair handrails; install/replace signage; install curb ramps; install accessible doors; install/repair accessible restrooms, for both students and staff; Exhibit A, page 1
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    install/repair accessible drinking fountains; install/repair site asphalt and/or concrete for path of travel, parking and accessibility; field improvements related to restrooms, accessibility and viewing, etc.
  • o Replace/repair/construct and equip science labs at middle schools and high schools.
  • o Replace/repair roof and roof drainage systems. Replace damaged areas due to dry rot.
  • o Replace/repair/upgrade electrical systems to current standards.
  • o Replace/repair heating and ventilation systems with new energy efficient systems.
  • o Replace/repair plumbing systems, including repair/removal/replacement of boiler systems.
  • o Replace/repair play equipment and upgrade fall protection systems.
  • o Replace/repair/construct library, multipurpose, gymnasium, athletic, field, classroom, office and support spaces, and/or computer lab facilities.
  • o Replace/repair public address, intercom, clock, bell, telephone and/or VOIP systems.
  • o Replace/repair technology systems necessary for student learning, efficient operations, security, increased capacity and/or processing speed.
  • o Replace/repair security/surveillance systems, add additional systems where needed.
  • o Repaint interior and/or exterior spaces.
  • o Replace/repair flooring systems.
  • o Replace/repair/improve safety of physical education facilities.
  • o Install/update/replace/repair fire and life safety systems as required by current codes and/or the Division of the State Architect. These systems could include, but not be limited to: Ansul systems; panic door hardware; fire suppression systems; remove unrated space; upgrade existing spaces for fire safety; kitchen and kitchen equipment upgrades, etc.
  • o Install energy management systems, to promote energy efficiency and cost reduction.
  • o Replace/repair interior and exterior lighting systems and controls.
  • o Replace/repair fields and hardscape areas, including automating irrigation systems.
  • Exhibit A, page 2
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  • o Replace/repair asphalt paving, including correction of drainage problems. Replace asphalt systems site-wide if necessary.
  • o Upgrade student and staff restrooms to current standards including accessibility.
  • o Install energy conservation and/or generation projects, including, but not limited to: photo voltaic, thermal, battery storage, and/or similar systems.
  • o Install components to enable projects to participate in CHPS, LEED, Savings by Design and similar programs and/or certifications.
  • o New construction and/or modernization projects, which could include charter school facilities, and which will likely generate State matching, or grant funds. The District could proceed with a project(s) to take advantage of additional State funds.
  • o Construct new comprehensive high school for 1,800 students, with gymnasium, theater, aquatic center, stadium, fields, outdoor athletic facilities, field lighting, and other related amenities.

Bond Program Management Costs

Bond Project expenditures may also include:

Program Costs: Staffing and other general and administrative costs to manage and execute the Bond Program.

Escalation Reserve: Reserve for unanticipated price inflation costs.

Program Reserve: Reserve for unanticipated scope costs or for unanticipated opportunities to enhance project scope or schedules.

For any of the Bond Projects described above with respect to construction at an existing District site, the District is authorized to identify an alternate site and/or acquire land for such purpose and construct the approved project at such site if the District has determined that the existing site does not satisfy the requirements of the Division of State Architect or other local, State, or federal laws, codes, and regulations applicable to public school sites.

The allocation of Bond proceeds may also be affected by the final costs of each project.

Necessary site preparation/grading/restoration may occur in connection with new construction, reconstruction, rehabilitation or replacement, furnishing and equipping, including ingress and egress, removing, replacing or installing irrigation, utility lines, trees and landscaping, relocating fire access roads, and acquiring any necessary easements, leases, licenses, or rights of way to the property.

Exhibit A, page 3
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Additional Specifications

Listed projects may be completed at any and all school sites where such project is determined necessary. Where economically feasible, buildings, fixtures, and equipment may be replaced rather than modernized, renovated, or repaired. Each project is assumed to include its share of costs of the election and bond issuance, legal fees and expenses, architectural, engineering, and similar planning costs, construction management, Project staff, staff training expenses associated with new bond-funded equipment and systems, and a customary contingency for unforeseen design and construction costs. In addition to the projects listed above, the Projects also include the acquisition of land, instructional, maintenance and operational furniture and equipment, payment of the costs of preparation of all facilities planning and project implementation studies, feasibility and assessment reviews, master planning, environmental studies, and temporary housing for dislocated programs or activities caused or necessitated by construction projects. Listed projects, repairs, improvements, rehabilitation projects, and upgrades will be completed only as feasible, and the Project List does not imply a particular prioritization among such improvements, which remains the province of the Board by subsequent action

Single Purpose. All of the purposes enumerated in this proposition shall be united and voted upon as one single proposition, pursuant to Section 15100 of the Education Code, 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.

Other Terms of the Bonds. When sold, the Bonds shall bear interest at an annual rate not exceeding the statutory maximum. The Bonds may be issued and sold in several series and in accordance with a plan of finance determined by the Board pursuant to requirements of law.

Project Requiring State Matching Funds. Approval of the District's Bond Measure does not guarantee that the proposed District Projects that are the subject of the Measure will be funded beyond the local revenues generated by the Measure. Some of the District's projects may assume the receipt of state matching funds, which could be subject to apprOpriation by the Legislature or approval of a statewide bond measure.

Exhibit A, page 4
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Measure A Tax Rate Statement

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EXHIBIT B

TAX RATE STATEMENT
VISALIA UNIFIED SCHOOL DISTRICT

An election will be held in the Visalia Unified School District (the "District") on November 6, 2018, to authorize the sale of up to $109,000,000 in bonds (the "Bonds") of the District to protect quality education with funding that cannot be taken by the State, by upgrading classroom, labs and computer systems to support programs in science, technology, English, arts and math; and upgrading and constructing high school classroom and other school facilities to prevent overcrowding; and modernizing and constructing classrooms and educational facilities to meet current safety codes; with independent oversight, no money for administrators' salaries, and all funds staying local. Specifically, Bond proceeds shall be utilized for the purposes of acquisition, construction, renovation, furnishing, and equipping of school facilities, support facilities, and equipment.

If the Bonds are authorized and sold, debt service thereon will be payable from the proceeds of tax levies made upon the taxable property in the District. The following information is provided in compliance with Sections 9400-9404 of the Elections Code of the State of California. It is anticipated that the District will sell the Bonds in separate series.

  1. 1. The best estimate of the average tax rate that would be required to be levied to fund the Bonds issued during the life of the Bonds, based on estimated assessed valuations available at the time of filing of this statement, is 3.73 per $100 ($37.31 per $100,000) of assessed valuation. The final fiscal year in which the tax is anticipated to be collected is 2048-2049.
  2. 2. The best estimate of the highest tax rate that would be required to be levied to fund the Bonds, based on estimated assessed valuations available at the time of filing of this statement, is 3.75 per $100 ($37.50 per $100,000) of assessed valuation which would first occur in fiscal year 2048-2049.
  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 is $243.1 million. This estimate results in a debt service to principal ratio of 2.23:1, which is significantly less than the maximum ratio of 4.00:1 allowed by State law. This estimate is based on the assumption that interest rates will increase over time, and the Bonds will have a maximum term of 30 years per series.

Voters should note that the estimated tax rates are based on the ASSESSED VALUE of taxable property on the County's official tax rolls, not on the property's market value. Property owners should consult their own property tax bills to determine their property's assessed value and any applicable tax exemptions.

Attention of all voters is directed to the fact that the foregoing information is based upon the District's projections and estimates only, which are not binding upon the District. The actual tax rates and the years in which they will apply 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 Exhibit B, page 1
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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 the need for construction funds and other factors, including the legal limitations on bonds approved by a 55% vote. The actual interest rates at which the Bonds will be sold will depend on the bond market at the time of each sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the County Assessor in the annual assessment and the equalization process.

Dated: __________, 2018

Todd Oto, Ed.D.
Superintendent
Visalia Unified School District

Exhibit B, page 2
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Measure A Agenda Description

Agenda of June 26, 2018 (complete item)

Visalia Unified School District
Board of Education
AGENDA
June 26, 2018
7:00 p.m.
(5:30 p.m. Closed Session - and Public Comment)

9. GENERAL AGENDA

Review / Public Hearing/ Public Input / Board Discussion /ACTION (as applicable)

9.1 RESOLUTION SECOND READING AND ADOPTION FOR THE NOVEMBER 2018 GENERAL OBLIGATION BOND (Encl. No. 67)


483

VISALIA UNIFIED SCHOOL DISTRICT Encl. No. _67_
OFFICE OF THE SUPERINTENDENT

Board Meeting Date of June 26, 2018

TO: Board of Education

FROM: Todd Oto, Ed.D., Superintendent

PREPARED BY: Robert Groeber, Assistant Superintendent, Administrative Services

APPROVED BY: Robert Groeber, Assistant Superintendent, Administrative Services

PRESENTED BY: Todd Oto, Ed.D., Superintendent

AGENDA TITLE: Resolution - Second Reading and Adoption for the November 2018 General Obligation Bond

AGENDA SECTION:

[_] Early Bird: Public Recognition/Review/Public Hearing/Public Comment/Board Discussion/Action
[_] Consent Agenda
[_] Public Recognition/Proclamations/Action
[_] Public Comment/Public Interest Announcements/Status Reports/Action
[_] Focus on Student Learning: Presentation/Public Comment/Board Discussion/Action
[_] Administrative Panel Recommendations/Action
[X] General Agenda: Review/Public Hearing/Public Comment/Board Discussion/Action

BACKGROUND/SUMMARY:

The Board has previously authorized Staff to continue to investigate the community's support for a potential General Obligation bond on the November 2018 general election. We conducted a community survey back in November 2017 and reported results to the Board in December 2017. We conducted a tracking survey in May to measure any change in support. Tonight's presentation will bring the recommendation to proceed to the Board to place a General Obligation Bond on the November 2018 ballot. Tonight's presentation will serve as the Second Read of the Resolution and recommended adoption.

CONTRACT CHANGES:

None

RECOMMENDED ACTION:

Second Read and Adoption

FINANCIAL IMPACT:

If the bond passes this measure would bring $109M in local bond money for modernizations, upgrades, and new construction to be matched with another $126M in State Facilities Program dollars.

ALIGNS TO DISTRICT GOAL:

5.3 Refine VUSD facility plans to align with the Measure E Implementation and Facility Master Plan


484

Government
Financial
Strategies

MEMORANDUM

To: Robert Groeber

From: Jonathan Edwards

Date: May 30, 2018

Re: Potential November 2018 Bond Measure - Ballot Language and Bond Amount

Robert, in preparation for the Board's consideration of a resolution calling for a November 6, 2018, bond election, I'm writing to explain the potential need for a modified version of the ballot summary language set forth in Exhibit A-1 of the resolution.

Prior to 2018, Elections Code section 13119, which requires that measures submitted as initiatives or referendums include in the ballot summary the amount of money to be raised annually and the rate and duration of the tax levied, was not applicable to bond measures. Effective January 1, 2018, Elections Code section 13119 was amended to extend this requirement to bond measures, for which the ballot summary is limited to 75 words.

Given the 75-word ballot summary limitation, application of this requirement to general obligation bond measures is not practical because the annual debt service payment and tax rate can vary from year to year. For example, a 30-year bond measure could have 30 different annual debt service payment amounts and 30 different annual tax rate amounts (tax rates are a function of debt service payments and the assessed value of property in the District, which, which typically also change annually). Potentially reporting 60 different numbers (each of which would count as a word), as well as including other legally required language and descriptions of the bond projects is not practical within 75 words. So far this year, school districts have been attempting to comply with Elections Code section 13119 by reporting annual averages, but this is not ideal because the average is not actually paid in any given year and the words required to report this information reduce the words available (within the 75 word limitation) to describe the bond projects.

There is currently an effort underway in the State Legislature to amend Elections Code section 13119 in order to exclude bond measures (which would just reinstate the law as it was prior to this year), and the permitted ballot summary wording that would result from this is preferred and more accurate (and is the language tested in the most recent public opinion survey). However, it is not known if the amendment will be approved before the Board is asked to consider adopting the bond election resolution on June 26 or before the Tulare County Registrar of Voters' July 9 preferred deadline for the District to file the resolution (please note, the County's preferred deadline is 120 days before the election date, which is earlier than the statutory deadline of 88 days (which means August 10 based on a November 6 election), so the District is complying with the County's preferred deadline as a courtesy).

In order to provide the District with flexibility, the resolution calling for a November 6, 2018, bond election includes language authorizing certain District officials (e.g. the superintendent, etc.) to finalize certain details, including the wording of the ballot summary. if Elections Code section 13119 is amended in time for the preferred ballot summary to be used, then the bond measure amount ($109 million) and projected tax levies would be as set forth in the resolution presented to the Board for the first reading (the bond measure amount is based on consultation with Godbe Research, the District's public opinion survey consultant).

1228 N Street
Suite 13
Sacramento, CA
95814
916.444.5100 gfsi.com

485

May 30, 2018
Robert Groeber
Re: Potential November 2018 Bond Measure - Ballot Language and Bond Amount
Page 2

If Elections Code section 13119 is not amended in time for the preferred ballot summary language to be utilized, then the resolution would be amended with Elections Code section 13119 compliant ballot language, a $105.3 million bond measure amount, and lower projected tax levies (the projected average annual tax levy would be approximately $36 per $100,000 of assessed value), and brought to the Board for ratification at the July 24 Board meeting (which is more than 88 days before the statutory deadline). Godbe Research recommends the lower bond amount because the Elections Code section 13119 compliant ballot summary would include less project description language and the average annual bond repayment, tax term, and tax levy figures.

Robert, please let me know if you have any questions or comments

JSE/abm

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Measure A Resolution

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RESOLUTION NO. ___

RESOLUTION OF THE BOARD OF EDUCATION OF THE
VISALIA UNIFIED SCHOOL DISTRICT
ORDERING A SCHOOL BOND ELECTION
ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER AND
REQUESTING CONSOLIDATION WITH OTHER ELECTIONS
OCCURRING ON NOVEMBER 6, 2018

WHEREAS, the Visalia Unified School District (the "District") is a unified school district serving kindergarten through 12th grade, duly organized under the laws of the State of California;

WHEREAS, the Board of Education of the District (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 (the "Bonds") shall be issued and sold for specified purposes, under Article XIIIA Section 1 paragraph (b) of the California Constitution ("Article XIIIA") and under the Strict Accountability in Local School Construction Bonds Act of 2000 at Education Code Section 15264 et seq. (the "Strict Accountability Act");

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

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, and to request the Tulare County Registrar of Voters (the "County Registrar") to perform certain election services for the District; and

WHEREAS, the Board deems it necessary and advisable to call an election to submit to the electors of the District the question of whether bonds 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.

NOW, THEREFORE, be it resolved by the Board of Education of the Visalia Unified School District, Tulare County, California, as follows:

Section 1. Election Order. 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 for the purposes described in the ballot measure approved under Section 3 and attached hereto as Exhibits A and A-1, and paying 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.

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Section 2. Authority for the Election; Election Date. Pursuant to Education Code Sections 5304 and 5322, the Strict Accountability Act, and Article XVI, Section 18(b) of the California Constitution, an election shall be held within the boundaries of the District on November 6, 2018.

Section 3. Purpose of Election; Ballot Measure. The purpose of the election shall be for the voters in the District to vote on a measure, a full copy of which is attached hereto as Exhibit A and marked "Exhibit A, Ballot Measure, Full Text of the Measure" (the "Full Text of the Measure"), containing the question of whether the District shall issue the Bonds for the purposes stated therein, together with the accountability requirements of Article XIIIA and the requirements of Section 15272 of the Strict Accountability Act. The Full Text of the Measure, which commences with the heading "Ballot Measure, Full Text of the Measure" and includes all of the text thereafter on Exhibit 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 Elections Code Section 13247 and Education Code Section 5322, the abbreviated form of the measure to appear on the ballot is attached hereto as Exhibit A-1 and is marked as "Exhibit A-1, Ballot Measure, Abbreviated Form" (the "Abbreviated Ballot Measure

Section 4. Use of Bond Proceeds.

  1. a. Proceeds from the sale of the bonds may be used only for the purposes specified in Article XIII A, section 1(b)(3) of the California Constitution.
  2. b. The projects that may be funded from proceeds from the sale of bonds (the "Projects"), are listed in the Full Text of the Measure.

Section 5. Accountability Requirements.

  1. a. Pursuant to Article XIIIA, section 1(b)(3), the Board shall conduct an annual, independent performance audit to ensure that the bond funds have been expended only on the specific Projects listed in the Full Text of the Measure.
  2. b. Pursuant to Article XIIIA, section 1(b)(3), the Board shall conduct an annual, independent financial audit of the proceeds from the sale of the Bonds until all of the proceeds have been expended for the Projects listed in the Full Text of the Measure.
  3. c. Pursuant to Government Code section 53411, the Chief Financial Officer of the District shall issue an annual report to the Board containing the amount of funds collected and expended as well as the status of the Projects authorized in the Full Text of the Measure. The District's adopted budget or Audit Report will suffice for this purpose.
  4. d. Pursuant to the Strict Accountability Act, if not already accomplished, within 60 days of the date the Board enters the election results on its minutes, the Board will appoint a citizens" oversight committee to review and report on the proper expenditure of taxpayers' money for school construction.

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Section 6. Vote Required. Pursuant to Section 18(b) of Article XVI and Section 1 of Article XIII A of the California Constitution, the bond measure shall become effective only upon affirmative vote of fifty-five percent (55%) of those voters voting on the measure.

Section 7. Delivery of this Resolution; County Registrar of Voters to Call and Conduct Election. The Superintendent, or his designee, is hereby directed to send a copy of this Resolution, along with the Tax Rate Statement described in Sections 9 and 11 below (and defined therein) and attached hereto as Exhibit B to (1) the County Registrar, (2) the Superintendent of Schools of Tulare County, and (3) the Clerk of the Board of Supervisors of Tulare County by August 10, 2018, or such other date as is acceptable to each party.

Pursuant to Section 5303 of the Education Code, the County Registrar is hereby requested to take all steps to prepare for and hold the election within the boundaries of the District in accordance with law and these specifications.

Section 8. Consolidation with Other Elections. Pursuant to Sections 5342, 15121, and 15266 of the Education Code and Part 3 (commencing with Section 10400) of Division 10 of the Elections Code, the County Registrar and the Board of Supervisors of Tulare County (the "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 10403 of the Elections Code, the Board hereby acknowledges that the consolidated election will be held and conducted in the manner prescribed by Section 10418 of the Elections Code.

Section 9. Services of County Registrar of Voters. Pursuant to Section 5303 of the Education Code and Section 10002 of the Elections Code, the Board of Supervisors is requested to permit the County Registrar to render all services incident to the preparation for and holding of the election, for which services the District agrees to reimburse Tulare County in full from District 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 Full Text of the Measure, the Abbreviated Measure, and the tax rate statement (described in Elections Code Section 9401) (the "Tax Rate Statement"). The Board hereby requests the County Registrar to publish in the ballot materials, the Full Text of the Measure, the Abbreviated Ballot Measure, and the Tax Rate Statement attached hereto as Exhibits A, A-1 and B.

Section 10. Canvass of Returns. The Board of Supervisors is authorized to canvass the returns of the election pursuant to Section 10411 of the Elections Code.

Section 11. Ballot Arguments; Tax Rate Statement. 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. The Board hereby approves the form of the Tax Rate Statement.

Section 12. State Matching Funds. Some of the Projects may require state matching funds for completion. Approval of the District's bond measure does not guarantee that the proposed Projects will be funded beyond the local revenues generated by this bond measure. The District's completion of some of the Projects may depend on receipt of State funds.

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Section 13. Encumbrance of Bond Funds. For the purpose of making bond funds unavailable as rent within the meaning of Education Code section 17032, the Board hereby encumbers all funds to be generated by the sale of the Bonds in order to pay for the acquisition and construction of the Projects authorized by the ballot measure.

Section 14. Official Intent to Reimburse Expenditures. The District intends to undertake the acquisition, construction, renovation, furnishing, and equipping of the Projects as described in the Full Text of the Measure. The District intends to use the proceeds of its Bonds described in this Resolution to finance the Projects. The District may pay certain capital expenditures (the "Reimbursement Expenditures") in connection with the Projects prior to the issuance of the Bonds. The Bonds, in the amount set forth in Exhibit A-1, will be issued for the purpose of financing the Projects on a long-term basis and certain of the proceeds of such debt obligations may be used to reimburse the District for these expenditures.

The Board hereby declares the District's official intent to use a portion of the proceeds of the Bonds to reimburse the District for the Reimbursement Expenditures. The foregoing statement is a declaration of official intent that is made under and only for the purpose of establishing compliance with the requirements of Treasury Regulations section 1.150-2.

Section 15. General Authorization with Respect to the Bond Measure and with Respect to this Resolution. The Superintendent and the Superintendent Administrative Services or any designee of the foregoing, are hereby authorized and directed to undertake any and all actions and to modify, execute, deliver any and all documents, and to perform or take any and all actions, deemed necessary to meet all requirements of applicable law, including any legislative changes, and to effectuate the purposes of this Resolution and its accompanying documents. Such actions on the part of the Superintendent, the Assistant Superintendent of Administrative Services, or any designee of the foregoing may include, but are not limited to, making any changes to this Resolution, the Full Text of the Measure, the Abbreviated Ballot Measure, or the Tax Rate Statement (hereinafter the "Ballot Documents"). In the event of any such modifications to the Ballot Documents, the Superintendent, the Assistant Superintendent of Administrative Services, or any designee of the foregoing are hereby further authorized to supplement or replace the original versions of such documents with the versions modified pursuant hereto. Such modified versions shall thereafter be deemed to constitute the final, complete and approved version of the Ballot Documents for all intents and purposes, including for delivery of the Ballot Documents to the County Registrar and other parties as set forth in Section 7 above and for publication in the ballot materials as set forth in Section 9 above. All actions heretofore taken by the Superintendent, the Assistant Superintendent Administrative Services or any designee of the foregoing that are in conformity with the purposes and intent of this Resolution are hereby ratified, confirmed, and approved in all respects.

Section 16. Effective Date. This Resolution shall take effect immediately upon its adoption.

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PASSED AND ADOPTED by the following vote of the members of the Board of Education of the Visalia Unified School District, of Tulare County, State of California, this day of June 2018:

AYES

NOES

ABSENT

ABSTAIN

BOARD OF EDUCATION OF THE
VISALIA UNIFIED SCHOOL DISTRICT

President of the Board of Education

ATTEST:

Todd Oto, Ed.D.
Secretary of the Board of Education

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CERTIFICATION

I, Todd Oto, Ed.D., Secretary of the Board of Education of the Visalia Unified School District, Tulare County, California, do hereby certify that the foregoing is a full, true, and correct copy of a resolution duly approved and adopted by the Board of Education of the District at a meeting held on June _, 2018, of which meeting all the members of the Board of Education had due notice and at which a majority thereof were present, and that at the meeting the resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

An agenda for the meeting was provided in advance of the meeting, as required by law, to all members of the Board of Education and to all media outlets that have requested notification. Further the agenda was posted in advance of the meeting, as required by law, at the District Office at 5000 West Cypress Avenue, Visalia, California 93277, a location freely accessible to members of the public and a brief description of the resolution appeared on the agenda.

I have carefully compared the foregoing resolution with the original minutes of the meeting on file and of record in my office, and the foregoing is a full, true, and correct copy of the original resolution adopted at the meeting and entered in the minutes.

Dated: ________, 2018

Todd Oto, Ed.D.
Secretary of the Board of Education
Visalia Unified School District

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