Bond Resolution - March 16, 2017 (PDF)
RESOLUTION NO. 03-16-17
RESOLUTION OF THE BOARD OF EDUCATION OF THE ORANGE UNIFIED SCHOOL DISTRICT ORDERING A SCHOOL BOND ELECTION, AND AUTHORIZING NECESSARY ACTIONS IN CONNECTION THEREWITH
WHEREAS, the Board of Education (the "Board") of the Orange Unified School District (the "District"), located within the County of Orange, California (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 I 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 purpose, provided certain accountability measures are included in the proposition, including performance and financial audits and 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 55% 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 8, 2016, a statewide general election is scheduled to be conducted throughout the District; and
WHEREAS, the Board has determined that, based upon a projection 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 15270 of the Education Code; and
WHEREAS, Section 9400 et seq. of the California Elections Code (the "Elections Code") requires that a tax rate statement be contained in all official materials, including any ballot pamphlet prepared, sponsored or distributed by the District, relating to the election; and
WHEREAS, in an effort to increase competition and maintain fairness among all potential contractors, reduce costs of construction, and efficiently apply taxpayer dollars, the Board, to the extent doing so is not prohibited by law (including the doctrines of legislative entrenchment and the single subject rule) and does not eliminate any eligibility for potential State or federal funding or financial assistance, as part of the bond proposition, desires to provide that the District will not build and maintain bond-financed facilities under a project labor agreement; 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
NOW, THEREFORE, be it resolved, determined and ordered by the Board of Education of the Orange Unified 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, a special election shall be held within the boundaries of the District on November 8, 2016, 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 (including career technical education needs) in developing the bond project list set forth in the bond proposition.
Section 3. Conduct of Election. (a) Request to County Officers. Pursuant to Section 5303 of the Education Code, the Registrar of Voters of the County (the "Registrar of Voters") is required to, and is hereby requested to, take all steps to hold the election in accordance with law and these specifications.
(b) Abbreviation of Proposition. Pursuant to Section 13247 of the Elections Code and Section 15122 of the Education Code, the Board hereby directs the Registrar of Voters to use the following abbreviation of the bond proposition on the ballot:
"To repair and modernize aging high school classrooms, labs and school facilities, including deteriorated roofs, plumbing, and electrical systems, complete earthquake safety retrofits, improve campus safety/security, and upgrade career-training facilities, science labs, libraries, and technology that support student achievement in math, science, engineering and skilled trades, shall Orange Unified School District issue $288,000,000 in bonds, at legal interest rates, with independent citizen oversight, no money for administrators' salaries, and all money locally-controlled?"
(c) Voter Pamphlet. The Registrar of Voters is hereby requested to reprint the full text of the bond proposition as set forth in Exhibit A in its entirety in the voter information pamphlet to be distributed to voters pursuant to Section 13307 of the Elections Code. In the event the full text of the bond proposition is not reprinted in the voter information pamphlet in its entirety, the Registrar of Voters is hereby requested to print, immediately below the impartial analysis of the bond proposition, in no less than 10-point boldface type, a legend substantially as follows:
"The above statement is an impartial analysis of Measure _. If you desire a copy of the measure, please call the Orange County Registrar of Voters at (714) 567-7600 or the Orange Unified School District at (714) 628-4479, and a copy will be mailed at no cost to you. Measure is also available on the Internet at http://-i,v-wiv.orangeusd. kl 2.ca.us! "
(d) Accountability Safeguards. In the event the full text of the bond proposition is not reprinted in the voter information pamphlet in its entirety, the Registrar of Voters is hereby requested to include the following statement in the ballot in compliance with Section 15272 of the Education Code:
"If Measure _ is approved, the Board of Education of the Orange Unified 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. "
(e) State Matching Funds. The District has determined that the projects to be funded from the proposed bonds will not require State matching funds for any phase thereof, and that Section 15122.5 of the Education Code does not apply to the bond proposition, and accordingly, the Registrar of Voters is directed not to include the disclosure otherwise required by Section 15122.5 of the Education Code.
(f) Consolidation Requirement. Pursuant to Section l 5266(a) of the Education Code, the election shall be consolidated with the statewide general election on November 8, 2016, and pursuant to Part 3 (commencing with Section 10400) of Division IO of the Elections Code, the Registrar of Voters and the Board of Supervisors of the County are hereby requested to order consolidation of the election with such other elections as may be held on the same day in the same territory or in territory that is in part the same. The District hereby acknowledges that the consolidated election will be held and conducted in the manner prescribed by Section I 0418 of the Elections Code.
(g) Canvass of Results. The Board of Supervisors of the County is authorized and requested to canvass the returns of the election, pursuant to Section 10411 of the Elections Code.
(h) Required Vote. Pursuant to Section 18 of Article XVI and Section 1 of Article XIIIA of the California Constitution, the bond proposition shall become effective upon the affirmative vote of at least 55% of those voters voting on the proposition.
(i) Election Costs. The District shall pay all costs of the election approved by the Board of Supervisors of the County pursuant to Education Code Section 5421.
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 12, 2016 (which date is not fewer than 88 days prior to the date set for the election), one copy of this Resolution to the Registrar of Voters, including the tax rate 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. 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 do any and all things that they deem necessary or advisable in order to effectuate the purposes of this resolution in accordance with the terms hereof and of applicable provisions of law.
Section 7.
two-thirds vote.
Effective Date. This Resolution shall take effect upon its adoption by a
PASSED AND ADOPTED this day, July 21, 2016, by the following vote:
AYES: 7
NOES: 0
ABSTAIN: 0
ABSENT: 0
APPROVED
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