Vote Yes on Merced County Measure X - 2018 primary Election
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  Welcome    Question    Analysis    Argument in Favor    Argument Against    Full Text    Tax Rate    Agenda    Resolution    Notice  

Welcome to the Yes No on Measure X Campaign

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.

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Measure X Question

18

EXHIBIT B

BOND MEASURE
for
LOS BANOS UNIFIED SCHOOL DISTRICT

(Abbreviated Form)*

" and to , plumbing, electrical systems, upgrade classrooms/labs/facilities for science, technology, engineering, math, and career training, improve student safety/ security, and construct new school facilities to relieve overcrowding, shall Los Banos Unified School District issue $65,000,000 in bonds at legal rates, raising on average ($3,800,000 annually) for approximately 35 years, to improve local schools, with independent audits, and all funds locally controlled?"

BONDS - YES
BONDS - NO

Limited to 75 words pursuant to California Elections Code section 13247.

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Impartial Analysis for Measure X

COUNTY COUNSEL IMPARTIAL ANALYSIS OF
LOS BANOS UNIFIED SCHOOL DISTRICT MEASURE X

This bond measure analysis is provided in accordance with Elections Code section 9500, et seq., Section 1 of Article XIIIA and section 18 of Article XVI of the California Constitution and Education Code Section 15264, et seq., which authorize a school district's issuance of general obligation bonds for specific school district purposes. This Measure authorizes Los Banos Unified School District ("District") to issue bonds in the amount of $65 million to raise money to improve the District's existing facilities, construct new facilities and improve student safety.

Issued bonds would be repaid by tax levies on non-exempt taxable real property parcels within the District. There is no assurance or guarantee the District will issue the maximum amount of the bonded indebtedness authorized, or that beyond revenues generated, the proposed projects will be funded by matching State funds sufficient to complete them.

According to the Tax Rate Statement submitted by the District, the best estimate of the highest ad valorem tax which would be levied on taxable real property to repay the bonds over their term is $48.00 per year per $100,000 of assessed value. The best estimate from official sources of the total debt service, including principal and interest, is that $131.5 million would be required to be repaid if all the bonds are issued and sold. The final year in which the tax is anticipated to be collected is fiscal year 2051-52.

The tax rates may vary due to the bond amounts sold, market interest rates at the time of the sales, and the assessed valuation of the real property set by the Assessor or through the property tax equalization process. The bonds, including any other outstanding bond indebtedness, may not exceed the District's bonding capacity of 2.5% of the annual assessed values of real property as set by the Assessor or through the property tax equalization process. The interest rate may not exceed the legal maximum.

No proceeds authorized by this Measure can be used for District salaries or administrative and operating expenses. Proceeds can only be used for the purposes stated in the Measure. Both annual and independent financial audits and oversight by an appointed citizen's committee for performance, utilization, and compliance must be conducted under the Measure and by law. The citizen's committee cannot include any District vendors or employees.

Approval of this Measure requires the affirmative vote of 55% of the qualified voters.

A "YES" vote is a vote in favor of authorizing the Los Banos Unified School District to issue and sell up to $65,000,000.00 ($65 million) in general obligation bonds.

A "NO" vote means the voter is against authorizing the Los Banos Unified School District to issue and sell up to $65,000,000.00 ($65 million) in general obligation bonds.

This measure is placed on the ballot by the Los Banos Unified School District.

Merced County Counsel
James N. Fincher

By:
Forrest W. Hansen, Assistant County Counsel

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Argument in Favor of Measure X

Argument in Favor of Measure X

VOTE YES on Measure X to improve our local quality of education and provide safer schools for Los Banos WITHOUT raising your tax rate.

Every child deserves to learn in safe, modern school facilities. But aging, overcrowded schools are now threatening our local quality of education. Studies have shown that aging, overcrowded schools are not safe. Overcrowding makes it hard to respond in emergencies, increases the potential for school violence, and makes it harder for students to learn.

Measure X will help. Your YES VOTE will authorize needed school facility upgrades.

Measure X will:

  • ? IMPROVE STUDENT SAFETY by upgrading fire alarms, smoke detectors, emergency communications, fencing, security cameras, and drop-off/pick-up areas
  • ? REPAIR OR REPLACE aging, deteriorating roofs, plumbing, and electrical systems
  • ? MODERNIZE outdated classrooms and labs to improve science, technology, engineering, math, and skilled trades instruction, including providing a new science wing at Pacheco High
  • ? UPGRADE Loftin Stadium for improved safety and fitness/athletics programs
  • ? RELIEVE SEVERE OVERCROWDING construct a new elementary school and add classrooms at existing sites, including a new classroom wing at Creekside Junior High.

Measure X WON'T raise your tax rate. It simply extends WITHOUT increasing the bond authorization voters approved in 1995. VOTING YES continues this locally controlled funding for LBUSD school facilities only, keeping your tax rate flat.

Taxpayer safeguards are REQUIRED:

  • ? ALL funds STAY LOCAL. The State CANNOT take this funding away.
  • ? Independent Citizens' Oversight and mandatory audits ensure funds are spent properly.
  • ? NO funds are allowed for administrators' salaries or pensions.

Whether or not you have school-age children, Measure X is a wise investment. That's why parents, teachers, alumni, community leaders, and supporters throughout Los Banos are VOTING YES.

Make your vote count for our children and our community.

Please VOTE YES on Measure X.

www.SafeSchoolsForLosBanos.org

/S/ Valentina Mascorro,
Math/Engineering/Science Teacher, Los Banos Junior High School

/S/ Tim Marrison,
Retired Los Banos Fire Chief

/S/ Melissa Uribe,
Parent and Los Banos Realtor

/S/ John A. Spevak,
Retired Educator, Merced College, 46-year Resident

/S/ Colleen Menefee,
Business Owner, 56-year Resident

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Argument Against Measure X

No Argument Against was submitted.

Argument Against
No argument against Measure X was submitted.

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Full Text of Measure X

13

EXHIBIT A

FULL TEXT OF BOND MEASURE

for

LOS BANOS UNIFIED SCHOOL DISTRICT

INTRODUCTION

The Los Banos Unified School District (the "District") is located in Merced County, California. The District operates eight elementary schools, one junior high school, two comprehensive high schools, one alternative high school, and one independent study school. The District's area equals approximately 640 square miles serving approximately 11,000 students. The District was established in 1965 and has several aging schools, and it faces other challenges to its capacity to adequately house all of its students. The District has an ongoing need for facilities and infrastructure, including District-wide repair and replacement of deteriorating roofs, plumbing, and electrical systems, and District-wide safety improvements including fire alarms, smoke detectors, emergency communications, fencing, security cameras, and traffic flow at sites, including pick-up and drop-off zones. The District also has a need for modernization of outdated classrooms and science labs to meet rising college admission requirements and improve instruction in science, technology, engineering, arts, math and skilled trades, including the construction of a new science wing at Pacheco High School. Loftin Stadium must be upgraded for improved safety, and to support student and community health, fitness and athletic programs. The District needs to relieve severe overcrowding by constructing a new elementary school and adding a new academic classroom wing at Creekside Junior High School. A much larger, and much longer term solution to address issues of growth and facilities upgrades and refurbishment of aging facilities, will be consideration of the District asking the voters to approve a General Obligation Bond.

The State of California requires a local match, funded primarily through local, general obligation bonds, for school districts wishing to pursue matching state funds for the upgrade or replacement of school buildings and facilities. The millions of dollars potentially available through the State match allows local taxpayers to benefit from the tax dollars they already pay to Sacramento.

It is imperative that our students are housed in safe schools. In addition, our students would benefit from complete, comprehensive, and efficient schools. We need to act locally to build, upgrade, and refurbish safe and modern schools to ensure our students have the educational opportunities they deserve.

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BONDS

Without raising current tax rates and to repair deteriorating roofs, plumbing, electrical systems, upgrade classrooms/labs/facilities for science, technology, engineering, math, and career training, improve student safety/ security, and construct new school facilities to relieve overcrowding, shall Los Banos Unified School District issue $65,000,000 in bonds at legal rates, raising on average 4.3 cents/ $100 of assessed value ($3,800,000 annually) for approximately 35 years, to improve local schools, with independent audits, citizen oversight and all funds locally controlled?

MEASURE

To improve local schools by:

  • 0 repairing deteriorating roofs, plumbing, and electrical systems;
  • 0 upgrading classrooms/labs/facilities for science, technology, engineering, math, and career training;
  • 0 improving student safety/security; and
  • o constructing new facilities to relieve overcrowding.

As required by the California Constitution, the proceeds from the sale of the bonds will be used only for the purposes authorized under Article XIIIA of the California Constitution, including construction, reconstruction, rehabilitation, or replacement of school facilities, furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities, as specifically set forth in this Exhibit A, and , and not for any other purpose, including salaries and other .

The following list describes the the District proposes to finance with proceeds of the bonds. The scope of specific projects, the order of construction, and their completion is contingent on final project costs and the availability of needed funds. Further, projects on the project list are of the type that issuing the authorized general obligation bonds as stated will not cause the State to reduce any financial hardship contribution that would otherwise be available to the District had these bonds not been authorized, issued, and or expended for their stated purpose.

SCHOOL FACILITIES PROJECTS TO BE FUNDED FROM BOND PROCEEDS

The following list includes both projects that can be completed using the bond proceeds along with State matching funds and other building funds the District is projected to receive, and projects that are planned and needed but whose construction is contingent on the amount of bond funds available along with the amount of State matching and other building funds the District may receive in the future, which is a function of the State building program rules, passage of State bonds, and the growth rate of the District. The completion of specific projects is also contingent on final project costs.

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  • 0 Improve Safety - fire alarms, smoke detectors, emergency communications, fencing, security cameras, traffic flow at sites, including pick-up and drop-off zones, etc., District-wide.
  • o Repair or Replace aging, deteriorating roofs, plumbing, and electrical systems, District-wide.
  • o Modernize outdated classrooms and science labs to meet rising college admission requirements and improve instruction in science, technology, engineering, arts, math and skilled trades, District-wide, including adding a new science wing at Pacheco High School.
  • 0 Upgrade Loftin Stadium for improved safety, and to support student and community health, fitness and athletic programs.
  • 0 Relieve Severe Overcrowding, including by constructing a new elementary school and adding a new academic classroom Wing at Creekside Junior High School.

These projects may include participation in the State Facility Program's Joint-Use Program to gain matching funds for teacher education, multi-purpose rooms, gymnasiums, libraries, childcare, and other qualifying joint-use facilities. With respect to such joint-use projects, the bond funds authorized by this Measure may be used to pay all of the local share needed to qualify the projects for special State matching funds under the State Facility Program's Joint-Use Program requirements.

The Board of Education hereby certifies that it has evaluated the safety, class-size reduction, and information technology needs of the District in developing this list of school facilities projects.

ACCOUNTABILITY MEASURES

If the bonds are approved, the Board of Education will implement the following accountability measures in accordance with State law:

  1. (a) Use the bond proceeds only for the purposes authorized under Article XIIIA of the California Constitution, including construction, reconstruction, rehabilitation, or replacement of school facilities, furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities and , as specifically set forth in this Exhibit A, and costs incident thereto, and not for any other purpose, including salaries and other routine school operating expenses;
  2. (b) Conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the projects and uses listed in this Exhibit A;
  3. (c) Conduct an annual, independent financial audit of the proceeds from the sale of the bonds until all of those proceeds have been expended for school facilities projects and uses listed in this Exhibit A; and
  4. SC096873 A-3
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  5. (d) Establish and appoint members to an independent citizens' oversight committee to ensure the bonds are used only for the projects and uses listed in this Exhibit A.

STATE MATCHING FUNDS

California Education Code section 15122.5 requires the following statement to be included in this sample ballot:

"Approval of this bond measure does not guarantee that the proposed projects in the School District that are the subject of bonds under this measure will be funded beyond the local revenues generated by this bond measure. The school district's proposal for certain of the projects assumes the receipt of matching state funds, which are subject to appropriation by the Legislature or approval of a statewide bond measure."

ANNUAL TAX AMOUNT, RATE. AND DURATION

The bonds shall bear interest at an annual rate not exceeding the statutory maximum. The maturity of the bonds shall not exceed the maximum term allowed by law at the time of issuance (currently 25 years if issued under Education Code section 15140, or 40 years if issued under Government Code section 53508, so long as the bonds are not capital appreciation bonds ("CABs," which CABS are limited to 25 years)). Accordingly, as further set forth in the tax rate statement, the ad valorem tax will be levied at such rates and for so long as may be required to meet the debt service needs of the bonds proposed to be issued, including such bonds that may be issued to refund any approved bonds.

* * *

The listed projects will be completed . is assumed to include its share of furniture, equipment, architectural, engineering, and similar planning costs, program/project management, and a customary contingency for unforeseen design and construction costs. In addition to the listed projects stated above, the Project List also includes the acquisition of a variety of instructional, maintenance and operational equipment, including the and interim funding incurred to advance fund projects from the Project List; payment of the , facility studies, assessment reviews, facility master plan preparation and updates, environmental studies (including environmental investigation, remediation and monitoring), design and construction documentation, and temporary housing of dislocated District activities caused by construction projects.

The construction of facilities included in the project list above is assumed to include the construction of new schools, classrooms and support sites, including the acquisition of land, necessary furnishings, equipment, technology, and installation of site infrastructure, as needed SC096873 A-4
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17 to accommodate continued growth or shifts in student population and provide additional learning facilities or replace aging facilities.

In addition to the projects listed above, the repair and renovation of each of the existing school facilities may include, but not be limited to, some or all of the following: renovate student and staff restrooms; upgrade or install signage, clocks and fencing; repair and replace heating and ventilation systems; upgrade of facilities for energy efficiencies; repair and replace worn-out and deteriorated roofs, windows, walls, doors and drinking fountains; upgrade public address systems; install wiring and electrical systems to safely accommodate computers, technology and other electrical devices and needs; meet earthquake safety standards; improve water conservation; upgrade or construct support facilities, including administrative, physical education (including upgrading gyms, , athletic facilities, tracks, bleachers, lockers and equipment rooms), theater, and agricultural education classrooms and labs and performing arts and music classrooms; repair and replace fire alarms, emergency communications and security systems; resurface or replace hard courts, turf, install all-weather turf; irrigation and drainage systems and campus landscaping; replace asphalt and broken pavement; expand or improve parking lots and drop-off areas; replace portable classrooms; interior and exterior painting, floor covering and tile replacement; upgrade or expand school cafeterias; construct various forms of storage and support spaces and classrooms; repair, upgrade and install interior and exterior lighting systems; improve athletic fields and shade structures, including adding solar shade structures, and ; replace or upgrade outdated security fences, gates and security systems (including access control systems); and upgrade heating, ventilation and air conditioning systems. The upgrading of technology infrastructure includes, but is not limited to, servers, switches, routers, modules, sound projection systems, call manager and network security/firewall, wireless technology systems, and other miscellaneous equipment. Some projects throughout the District may be undertaken as projects in cooperation with other local public or non-profit agencies. The final cost of each project will be determined as plans and construction documents are finalized, construction bids are received, construction contracts are awarded and projects are completed. Based on the final costs of each project, certain of the projects described above may be delayed or may not be completed. Demolition of existing facilities and reconstruction of facilities scheduled for repair and upgrade may occur, if the Board determines that such an approach would be more cost-effective in creating more enhanced and operationally efficient campuses. Necessary site preparation/restoration may occur in connection with new construction, renovation or remodeling, or installation or removal of relocatable classrooms, including ingress and egress, removing, replacing, or installing irrigation, utility lines, trees and landscaping, relocating fire access roads, and acquiring any necessary easements, licenses, or rights of way to the property. Bond proceeds shall only be expended for the specific purposes identified herein. The District shall create an account into which proceeds of the bonds shall be deposited and comply with the reporting requirements of Government Code section 53410.

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Measure X Tax Rate Statement

1

TAX RATE STATEMENT CONCERNING MEASURE _

An election will be held in the Los Banos Unified School District (the "District") on June 5, 2018, to authorize the sale of up to $65,000,000 in bonds of the District for the specific school facilities projects described in the bond measure. If such bonds are authorized, the District expects to sell the bonds in one or more series. Principal and interest on the bonds will be payable only 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 California Elections Code. Such information is based upon assessed valuations available from official sources and projections based upon experience within the District, and other demonstrable factors. Based upon the foregoing, the following information is provided:

  1. (1) The best estimate from official sources of the average annual tax rate that would be required to be levied to fund the bond issue over the entire duration of the bond debt service, based on estimated assessed valuations which are projected based on experience within the District or other demonstrable factors, is $0043 per $100 of assessed valuation ($43 per $100,000 of assessed valuation). The final fiscal year in which the tax is anticipated to be collected is Fiscal Year 2051-52.
  2. (2) The best estimate from official sources of the highest tax rate that would be required to be levied to fund the bond issue, based on estimated assessed valuations which are projected based on experience within the District or other demonstrable factors, is $0048 per $100 of assessed valuation ($48 per $100,000 of assessed valuation). The estimated year in which that rate would apply is Fiscal Year 2026-27.
  3. (3) The best estimate from official sources of the total debt service, including the principal and interest, that would be required to be repaid if all the bonds are issued and sold is $131,500,000 ($65,000,000 of principal and $66,500,000 of interest). This estimate is based on assumptions regarding future interest rates and the term, timing, structure and amount of each series of bonds.

Voters should note that such estimated tax rates are specific to the repayment of bonds issued under this authorization and are and will be in addition to tax rates levied in connection with other bond authorizations approved or to be approved by the District or any other overlapping public agency.

Voters should note that the estimated tax rate is based on the ASSESSED VALUE of taxable property on Merced 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 interest rates at the time of each sale, and actual assessed valuations over the term of repayment 2 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 Merced County Assessor in the annual assessment and the equalization process.

Dated: 3/18/18

/s/
Superintendent
Los Banos Unified School District

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Measure X Agenda Description

Agenda of March 8, 2018 (complete item)

LOS BANOS UNIFIED SCHOOL DISTRICT
GOVERNING BOARD OF EDUCATION
REGULAR MEETING
Los Banos City Council Chambers
520 J Street - Los Banos, CA 93635
Thursday, March 8, 2018

VII. NEW BUSINESS

A. June Bond Measure (Page 7) 5 Min

It is recommended the Board adopt Resolution # 06-18 to place a 55% General Obligation Bond Measure on the June 2018 ballot.

Motion By_ Seconded By_

Proposed Action: Adopt Resolutions. (ROLL CALL VOTE

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Board Reference Material

SUBJECT TITLE: Resolution Ordering Bond Measure Election

REQUESTED ACTION: Adopt Resolution

Action X Discussion/Information


RECOMMENDATION:

It is recommended the Board adOpt Resolution #06-18 to place a 55% General Obligation Bond Measure on the June 2018 ballot.

BACKGROUND INFORMATION:

The Board has discussed placing a 55% bond measure on the June ballot for several months. Community information study sessions were held to discuss the possible bond measure.

The Board has before it tonight a Resolution for an upcoming school bond election. The Resolution will call an election to be held within the District on June 5, 2018, and consolidate said election with the statewide primary election of the same date. The Measure, if approved by 55 percent or more of the registered voters voting at the election, will authorize the District to issue general obligation bonds in the amount of $65,000,000.00 for the purpose of raising money for the improvement, upgrade, renovation, and replacement of the District's existing schools, facilities, and construction of additional schools. A description of the projects is contained in the resolution.

This bond measure proposal has been deliberately designed to address the District's most critical school facility needs through a prudent, responsible no-taX-rate increase financing plan, including strict accountability measures required by law. If approved by local voters, all funds from the proposed measure will stay local, dedicated to improving Los Banos Unified school facilities.

After the staff presentation, the Board will discuss this topic. After Board discussion, the matter should be opened for any public comment. Following the public comment, it is recommended the Board take action to adopt this resolution.

If the Board adopts the Resolution, it will be forwarded to the County so that appropriate steps can be taken to place the Measure on the June 5 ballot.

HOW DOES THIS ACTIVITY SUPPORT BOARD GOALS?

Board Goal #7: Secure revenue source needed to build facilities to keep pace with student enrollment growth.

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ALTERNATIVES/IDENTIFIED OPPOSITION:

Any group or individual that would be opposed to raising taxes in this manner.

SPECIFIC FINANCIAL IMPACT (Include Impact on School District Facilities):

There will be a cost associated with holding an election. The cost will vary depending on the number of issues on the June ballot. This cost would be paid from the General Fund.


ORIGINATOR: Mark Marshall, Ed.D., Superintendent

Date: March 8, 2018

8

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Measure X Resolution

9

BEFORE THE BOARD OF EDUCATION OF THE
LOS BANOS UNIFIED SCHOOL DISTRICT

RESOLUTION NO. 06-18

RESOLUTION ORDERING AN ELECTION TO AUTHORIZE THE
ISSUANCE OF SCHOOL BONDS, ESTABLISHING SPECIFICATIONS
OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION
WITH ANY OTHER ELECTIONS OCCURRING ON JUNE 5, 2018

WHEREAS, in the judgment of the Board of Education (the "Board") of the Los Banos Unified School District (the "District"), it is advisable to call an election to submit to the electors of the District the question of whether the bonds of the District shall be issued and sold for the purpose of raising money for the improvement, upgrade, and renovation of the District's existing schools and the acquisition and construction of additional school facilities and classrooms; and

WHEREAS, schools and facilities within the District are aging and in need of expansion, replacement, repair, or upgrading to ensure the health and safety of pupils, staff and community and provide adequate housing for the District's pupils; and

WHEREAS, antiquated facilities systems throughout the schools are both ineffective and costly to operate and need to be updated; and

WHEREAS, providing for the safety and security of students and staff while at school is a core responsibility of the District and is essential to quality teaching and learning; and

WHEREAS, District schools need technology infrastructure and tools to meet curricular requirements and prepare students for success upon graduation; and

WHEREAS, excellent schools and classrooms benefit the District's ability to recruit and retain excellent teachers and keep our community vital by continuing to attract young families; and

WHEREAS, without a local school bond, the District will lose the opportunity to receive state matching funds which will then be awarded to other school districts; and

WHEREAS, as a result of the approval of Proposition 39 on November 7, 2000, Article XIIIA, Section 1, paragraph (b) of the California Constitution ("Article XIIIA") provides an exception to the limit on ad valorem property taxes on real property for bonded indebtedness incurred by a school district that has been approved by fifty-five percent (55%) of the voters of the District voting on the proposition; and

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WHEREAS, pursuant to California Education Code section 15264, et seq. (the "Act"), this Board is Specifically authorized, upon approval by two-thirds (2/3) of the Board, to submit to the electorate of the District the question of whether bonds of the District shall be issued and sold for specified purposes, upon a fifty-five percent (55%) vote of the electorate in favor on the question, pursuant to paragraph (3) of said subdivision (b) of Section 1 of Article XIIIA and subdivision (b) of Section 18 of Article XVI of the California Constitution; and

WHEREAS, pursuant to California Election Code section 10403, et seq. , it is appropriate for the Board to request consolidation of the election with any and all other elections to be held on Tuesday, June 5, 2018, and to request the election officials of Merced County (the "County") to perform certain election services for the District.

NOW, THEREFORE, THE BOARD OF EDUCATION OF THE LOS BANOS UNIFIED SCHOOL DISTRICT HEREBY RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS:

1. 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 principal amount not to exceed $65,000,000 for the purpose of raising money for the improvement, upgrade, renovation, and replacement of the District's existing schools, facilities, and improvements, and the acquisition and construction of additional schools, facilities, and improvements, and paying costs incident thereto, as set forth more fully in a ballot proposition approved pursuant to Section 3 below. This Resolution constitutes the order of the District to call such election.

2. Election Date. The date of the election shall be June 5, 2018, and the election shall be held solely Within the boundaries of the District.

3. Purpose of Election; Ballot Proposition. The purpose of the election shall be for the voters of the District to vote on a proposition, a full copy of which is attached hereto as Exhibit A, 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 Act. As required by California Elections Code section 13247, the abbreviated form of the measure to appear on the ballot is attached hereto as Exhibit B. The District's Superintendent (or designee) is hereby authorized and directed to make any changes to the text of the proposition or its abbreviated form as required to comply with the intent of this Resolution, the requirements of elections officials, and requirements of law.

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

5. School Facilities Projects. A list of the specific school facilities projects and uses to be funded from the proceeds of the bonds is set forth in Exhibit A. As required by SC096873 - 2 -
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11 Article XIIIA, the Board hereby certifies that it has evaluated safety, class-size reduction, and information technology needs of the District in developing the list of school facilities projects and uses set forth in Exhibit A.

6. Covenants of the Board upon Approval of the Bonds by the Electorate. As required by Article XIIIA and section 15272 of the Act, if fifty-five percent (55%) of the voters of the District voting on the measure approve of the bonds, the Board shall:

  1. (a) Use the bond proceeds only for the purposes authorized under Article XIIIA, including construction, reconstruction, rehabilitation, or replacement of school facilities, furnishing and equipping of school facilities, and the acquisition or lease of real property for school facilities, as specifically set forth in Exhibit A, and costs incident thereto, and not for any other purpose, including salaries and other routine school operating expenses;
  2. (b) Conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the projects and uses listed in Exhibit A,
  3. (c) Conduct an annual, independent financial audit of the proceeds from the sale of the Bonds until all of those proceeds have been expended for school facilities projects and uses listed in Exhibit A; and
  4. (d) Establish and appoint members to an independent citizens' oversight committee in accordance with sections 15278, 15280, and 15282 of the Act.

7. Delivery of this Resolution. The Clerk of this Board is hereby authorized and directed to send or hand deliver a copy of this Resolution to the County Superintendent of Schools and the County Registrar of Voters by no later than March 9, 2018.

9. 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 Superintendent, President of the Board, or their designees, are hereby authorized to execute any Tax Rate Statement or other document and to perform all acts necessary to place the bond measure on the ballot.

10. Consolidation of Election: Election Services. The County Registrar of Voters and the County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on June 5, 2018, within the District. Pursuant to section 5303 of the Education Code and section 10002 of the Elections Code, the County Board of Supervisors is requested to permit the County Registrar of Voters, and other appropriate officials of the County, to render all services necessary in connection with the bond election including, but not limited to, publication of a Formal Notice of School Bond Election pursuant to Education Code section 5363 and related law (the proposed form of which is attached hereto as Exhibit C), the mailing of the sample ballot and tax rate statement (described in section 9401 of the Elections Code), the opportunity to submit ballot arguments in connection with the bond election, the canvassing and certification of the returns of the SC096873 - 3 -
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12 election, and other ballot requirements pursuant to Elections Code section 15123, for which services the District agrees to reimburse the County as required by law.

11. Severability. If any section, subsection, phrase or clause of this Resolution, or its application to any person or circumstance, is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Resolution, or their application to any other person or circumstance. The Board declares that it would have adopted this Resolution and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, sentences, phrases or clauses, or their application to any person or circumstance, shall be declared invalid.

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

PASSED AND ADOPTED on March 8, 2018, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

By:
President, Board of Education of the
Los Banos Unified School District

ATTEST:

Clerk, Board of Education of the
Los Banos Unified School District

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

Measure X Notice of Election

NOTICE OF ELECTION AND NOTICE OF DATE FIXED FOR SUBMITTING ARGUMENTS

NOTICE IS HEREBY GIVEN, that the following measure is to be voted on at the Statewide Direct Primary Election, to be held within the Los Banos Unified School District, County of Merced, on Tuesday, June 5, 2018. Polling places will be open from 7:00 a.m. until 8:00 p.m. on Election Day.

LOS BANOS UNIFIED SCHOOL DISTRICT BOND MEASURE

"Without raising current tax rates and to repair deteriorating roofs, plumbing, electrical systems, upgrade classrooms/labs/facilities for science, technology, engineering, math, and career training, improve student safety/security, and construct new school facilities to relieve overcrowding, shall Los Banos Unified School District issue $65,000,000 in bonds at legal rates, raising on average 4.3 cents/$100 of assessed value ($3,800,000 annually) for approximately 35 years, to improve local schools, with independent audits, citizen oversight and all funds locally controlled?"
Bonds - Yes/Bonds - No

NOTICE IS ALSO HEREBY GIVEN that not later than 5:00 p.m. on March 19, 2018, is hereby fixed as the final date and time for the filing of arguments, not to exceed three hundred (300) words in length, in favor or against the measure. To be eligible for printing and distribution as provided by law, any such arguments must be received and filed with the Merced County Registrar of Voters / Elections Office, 2222 M Street, Room 14, Merced CA 95340 no later than said date and time and must be accompanied by a Statement of Accuracy, pursuant to California Elections Code section 9600, and be signed and dated by the proponent(s) and author(s), if different.

NOTICE IS ALSO HEREBY GIVEN that if an argument in favor of and an argument against the measure are submitted, copies will be provided to the respective authors in order that they may submit a rebuttal argument not to exceed two hundred fifty (250) words. Rebuttal arguments must be filed not later than 5:00 p.m. on March 26, 2018, and must also be accompanied by a Statement of Accuracy, signed and dated by the author(s).

Dated: March 12, 2018
Shawnesti Machado
Deputy, Registrar of Voters


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EXHIBIT C

FORMAL NOTICE OF SCHOOL BOND ELECTION

NOTICE IS HEREBY GIVEN to the qualified electors of the Los Banos Unified School District of Merced County, California, that in accordance with the provisions of the Education Code of the State of California, an election will be held on June 5, 2018, within the District, at which election the following measure shall be submitted to the qualified electors of the District and voted upon:

"Without raising current tax rates and to repair deteriorating roofs, plumbing, electrical systems, upgrade classrooms/labs/facilities for science, technology, engineering, math, and career training, improve student safety/security, and construct new school facilities to relieve overcrowding, shall Los Banos Unified School District issue $65,000,000 in bonds at legal rates, raising on average 4.3 cents/$100 of assessed value ($3,800,000 annually) for approximately 35 years, to improve local schools, with independent audits, citizen oversight and all funds locally controlled?"

Bonds - Yes Bonds - No

The bonds shall bear interest at an annual rate not exceeding the statutory maximum. The maturity of the bonds shall not exceed the maximum term allowed by law at the time of issuance (currently 25 years if issued under Education Code section 15140, or 40 years if issued under Government Code section 53508, so long as the bonds are not capital appreciation bonds ("CABs," which CABS are limited to 25 years)). Accordingly, as further set forth in the tax rate statement, the ad valorem tax will be levied at such rates and for so long as may be required to meet the debt service needs of the bonds proposed to be issued, including such bonds that may be issued to refund any approved bonds.

All of the purposes enumerated in the foregoing measure shall be united and voted upon as one single measure, with precincts, places of holding the elections and officers appointed to conduct the elections to be the same as those provided for the statewide gubernatorial primary election to be held on June 5, 2018 under the Notice of Election published

This election has been called pursuant to a Resolution of the Board of Education of the Los Banos Unified School District, adopted on March 8, 2018. The Elections Official of the County of Merced hereby gives formal notice of the election in accordance with the provisions of Education Code section 15120.

IN WITNESS WHEREOF, I have hereunto set my hand this day _ of _ , 2018.

Registrar of Voters
Merced County, California

SC096873 C-1
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