fresno elections 2008

West Hills Community College School Facilities Improvement District No. 1 is asking voters to approve $11.8 million in bonds to construct classrooms and a library, acquire land, renovate facilities and qualify for state matching funds for facilities. The measure requires 55% of the vote to pass.

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RESOLUTION NO. CO-29

RESOLUTION OF THE BOARD OF TRUSTEES OF THE
WEST HILLS COMMUNITY COLLEGE DISTRICT
ORDERING AN ELECTION TO AUTHORIZE THE ISSUANCE OF SCHOOL BONDS
IN SCHOOL FACILITIES IMPROVEMENT DISTRICT NO. 1 (NORTHERN AREA), ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER,
AND REQUESTING CONSOLIDATION WITH OTHER ELECTIONS
OCCURRING ON JUNE 3, 2008

WHEREAS, Chapter 2 (commencing with section 15300) of Part 10 of Division 1 of Title 1 of the California Education Code (the “Law”) authorizes school districts and community college districts to form school facilities improvement districts consisting of a portion of the territory within the school district or community college district and permits the conduct of a bond election and the issuance of general obligation bonds for a school facilities improvement district following voter approval;

WHEREAS, on February 22, 2008, the Board of Trustees (the “Board”) of West Hills Community College District (the “CC District”) adopted a "Resolution of Formation of School Facilities Improvement District No. 1 (Northern Area) of the West Hills Community College District," pursuant to which the Board ordered the formation of the School Facilities Improvement District No. 1 (Northern Area) of the West Hills Community College District (the "Improvement District");

WHEREAS, Section 15340 of the Law provides that the Board may provide for and call a special bond election within the Improvement District pursuant to Chapter 1 (commencing with Section 15100) of the Education Code and, if applicable, Chapter 1.5 (commencing with Section 15264) of the Education Code for the approval of a proposition of whether an indebtedness of the Improvement District shall be incurred through the issuance of bonds for the Improvement District;

WHEREAS, pursuant to the Law, such bonds would be deemed to be bonds of the CC District issued for the benefit of the land within the Improvement District;

WHEREAS, in the judgment of the Board, it is advisable to call an election to submit to the electors of the Improvement District the question whether bonds of the CC District shall be issued and sold on behalf of the Improvement District for the purpose of raising money for the acquisition and improvement of real property, and the furnishing and equipping of college facilities in the Improvement District area; and

WHEREAS, as a result of the approval of Proposition 39 on November 7, 2000, Article XIII A 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 community college district approved by fifty-five percent (55%) of the voters of the district voting on the proposition; and
WHEREAS, the Board is specifically authorized, upon approval by a two-thirds vote of the Board, to pursue the authorization and issuance of bonds by a fifty-five percent (55%) vote of the electorate on the question whether bonds of the Improvement District shall be issued and sold for specified purposes, pursuant to Education Code Section 15264 et seq. (the “Act”); and

WHEREAS, pursuant to 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, June 3, 2008, and to request the Registrar of Voters in each County (each, a “County”) in which territory of the Improvement District is located (including Madera and Fresno) to perform certain election services for the CC District; and

NOW, THEREFORE, THE BOARD OF TRUSTEES OF THE WEST HILLS COMMUNITY COLLEGE DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section l. Call for Election. The Board hereby orders an election and submits to the electors of the Improvement District the question of whether general obligation bonds of the CC District shall be issued and sold on behalf of the Improvement District in the maximum principal amount of $11,800,000 for the purpose of financing the acquisition and improvement of real property, and the furnishing and equipping of college facilities in the Improvement District area, and paying costs incident thereto, as set forth more fully in the ballot proposition approved pursuant to Section 3. This Resolution constitutes the order of the CC District to call such election.

Section 2. Election Date. The date of the election shall be June 3, 2008, and the election shall be held solely within the boundaries of the Improvement District.

Section 3. Purpose of Election; Ballot Proposition. The purpose of the election shall be for the voters in the Improvement District to vote on a proposition, a full copy of which is attached hereto and marked Exhibit “A”, containing the question of whether the CC District shall issue the Bonds for the purpose stated therein, together with the accountability requirements of Article XIII A and Government Code Section 53410 and the requirements of Section 15272 of the Act. As required by Elections Code Section 13247, the abbreviated form of the measure to appear on the ballot is attached hereto and marked as Exhibit “B”. The Chancellor, President of the Board or their designees are hereby authorized and directed to make any changes to the text of the proposition as required to conform to any requirements of Article XIII A, the Act or the requirement of either County.

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

Section 5. College Facilities Projects. As required by Article XIIIA, the Board hereby certifies that it has evaluated safety and information technology needs in developing the list of college facilities projects set forth on Exhibit A.

Section 6. Covenants of the Board upon Approval of the Bonds by the Electorate. As required by Article XIIIA, Section 15278 of the Act, and Government Code Section 53410 in the event fifty-five percent (55%) of the voters voting in the District approve of the Bonds, the Board shall:

(1) conduct an annual, independent performance audit to ensure that the funds have been expended only on the projects listed in Exhibit A;

(2) conduct an annual, independent financial audit of the proceeds from the sale of the Bonds until all of those proceeds have been expended for the college facilities projects listed in Exhibit A; and

(3) establish and appoint members to an independent citizens’ oversight committee in accordance with Sections 15278, 15280 and 15282 of the Act.

(4) apply the bond proceeds only to the specific purposes stated in the ballot proposition.

(5) cause creation of accounts into which bond proceeds shall be deposited.

(6) cause the preparation of an annual report pursuant to Government Code Sections 53410 and 53411.

Section 7. Delivery of this Resolution. The Clerk of the Board is hereby directed to send a copy of this Resolution to the County Superintendent of Schools of each County, the Registrar of Voters of each County (the “County Registrar”) and the County Clerk of the Board of Supervisors of each County. Each County Registrar is hereby requested to print the Full Text of Measure set forth on Exhibit A hereto, in the ballot materials and to publish the Election Notice attached hereto as Exhibit C in a newspaper of general circulation within the Improvement District

Section 8. Consolidation of Election. Each County Registrar and each County Board of Supervisors is hereby requested to consolidate the election ordered hereby with any and all other elections to be held on June 3, 2008, within the District.

Section 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 Chancellor, 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.
Section 10. Election and Bond Services. Pursuant to Section 5303 of the Education Code and Section 10002 of the Elections Code, the Board of Supervisors of each county, is requested to permit the Registrar of Voters to render all services specified by Section 10418 of the Elections Code relating to the election, for which services the CC District agrees to reimburse each county in full upon presentation of a bill, such services to include the publication of a formal Notice of College Bond Election and the mailing of the sample ballot and tax rate statement (described in Section 9401 of the Elections Code). The agreements on file with Jones Hall as Bond and Disclosure Counsel and Dale Scott & Co. as Financial Advisor are hereby approved and the Vice Chancellor of Business Services is authorized and directed to execute such agreements on behalf of the District.

Section 11. Effective Date. This resolution shall take effect on and after its adoption.

* * * * * * * *

PASSED AND ADOPTED this 22nd day of February, 2008 by the following vote:

AYES: ___
NOES: ___
ABSENT: ___

_______________________________
Mark McKean
President of the Board of Trustees
West Hills Community College District

ATTEST:

I, Nina Oxborrow, Clerk of the Board of Trustees of West Hills Community College District, California, do hereby certify that the foregoing is a full, true and correct copy of the Resolution passed and adopted by said Board of Trustees at a meeting on the 22nd day of February, 2008, and that the minutes of said Board of Trustees shows that __________ (___) members of said Board voted for and __________ (___) members of said Board voted against the adoption of said Resolution and the said Resolution is now spread upon the minutes of said Board.

_______________________________
Nina Oxborrow
Clerk of the Board of Trustees
West Hills Community College District
EXHIBIT A

BALLOT MEASURE
FULL TEXT OF MEASURE

BOND AUTHORIZATION

By approval of this proposition by at least 55 percent of the registered voters voting on the proposition, the District will be authorized to issue and sell bonds of up to $11,800,000 in aggregated principal at interest rates below the legal limit and to provide financing for the specific facilities projects listed in the Bond Project List described below, subject to all the accountability requirements specified below.

ACCOUNTABILITY REQUIREMENTS

The provisions in this section are specifically included in this proposition in order that the voters and taxpayers in the District may be assured that their money will be spent wisely. Expenditures to address specific facilities needs of the District will be in compliance with the requirements of Article XIIIA, Section 1(b)(3), of the State Constitution and the Strict Accountability in Local School Construction Bonds Act of 2000 (codified at Education Code Sections 15264 and following.)

Independent Citizens’ Oversight Committee. The Board of Trustees shall establish an Independent Citizens’ Oversight Committee under Education Code Section 15278 and following to ensure bond proceeds are expended only on the school facilities projects listed below. The committee will be established within 60 days of the date when the results of the election appear in the minutes of the Board of Trustees.

Performance Audits. The Board of Trustees shall conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the facilities projects listed below.

Financial Audits. The Board of Trustees shall conduct an annual, independent financial audit of the bond proceeds until all of those proceeds have been spent for the facilities projects listed below.

FURTHER SPECIFICATIONS

No Administrator Salaries. Proceeds from the sale of bonds authorized by this proposition shall be used only for the construction, reconstruction and/or rehabilitation of facilities including the furnishing and equipping of facilities or acquisition or lease of real property for facilities and not for any other purpose, including teacher and administrator salaries and other District operating expenses.

BOND PROJECT LIST

The Bond Project List shown below is a part of the ballot proposition and must be reproduced in any official document required to contain the full statement of the bond proposition.

Evaluation of Needs. As required by Article XIII A of the California Constitution, the Board of Trustees of the District has certified that it has evaluated safety, and information technology needs in developing the list of facilities projects shown below.

Projects Subject to Available Funding. The following list of projects is subject to the availability of adequate funding to the District. Approval of the bond measure does not guarantee that the proposed projects in the District that are the subject of bonds under the measure will be funded beyond the local revenues generated by the bond measure. The District's proposal for the projects does assume the receipt of matching state funds, which could be subject to appropriation by the Legislature or approval of a statewide bond measure. Partners and additional funding sources will be sought to leverage additional facility funds.

Scope of Projects. Bond proceeds will be expended to modernize, replace, renovate, construct, equip, furnish and otherwise improve District facilities as described below. The specific facilities projects which are described below include all related and incidental costs, including costs of design, engineering, architect and other professional services, site preparation, utilities, landscaping and other incidental costs, and construction management. Bond proceeds may also be expended to acquire and install furniture, fixtures and equipment at any classrooms and other facilities of the District. The District may alter the scope and nature of any of the specific projects, which are described below as required by conditions that arise during the course of design and construction, including unforeseen conditions such as dry rot, mold and faulty engineering.

RENOVATION AND REPAIR OF EXISTING FACILITIES

Bond proceeds will be expended to modernize, replace, renovate, equip, rebuild and furnish the District’s educational and joint-use facilities. Such projects may consist of the following:

· Renovate existing classrooms, restrooms, teaching labs, and student support facilities, including repairing roofs, upgrading plumbing and sewer systems, and replacing HVAC systems
· Upgrade joint-use community sport fields and recreation areas for student and community use
· Install instructional technology infrastructure to improve student access to computers and modern technology
· Improve energy efficiency throughout, including but not limited to, installation of solar panels to reduce utility costs and be more environmentally responsible
· Make security and safety upgrades, including increased lighting systems and video surveillance equipment to ensure adequate security
· Maintenance and infrastructure improvements to classrooms and campus facilities, including but not limited to, bicycle and pedestrian pathways, and parking
ACQUISITION AND CONSTRUCTION OF NEW FACILITIES

Bond proceeds will also be expended to construct new classrooms, restrooms, teaching labs, and other educational and joint-use facilities, including site improvements, acquisition of land, furniture and equipment, and technology upgrades.

Facility replacement and new construction shall include, but not be limited to:

· Construct and/or establish learning centers in communities adjacent to the Improvement District in order to increase accessibility to educational facilities and decrease student travel

· Construct a joint-use library facility for use by students and the community