Pass: 812 / 62.95% Yes votes ...... 478 / 37.05% No votes

See Also: Index of all Measures

Meaning of Voting Yes/No

A YES vote on this measure means:

A "yes" vote is a vote to authorize the District to issue and sell the bonds.

A NO vote on this measure means:

A "no" vote is against authorizing the District to issue and sell the bonds.

If the bond measure is approved, pursuant to Section 15278, et seq., of the California Education Code, the District is committed to establish an independent citizens oversight committee. The District has committed that the proceeds from the bonds will be used solely for the following projects: fund, acquire, construct and equip a new middle school; fund, acquire, and construct other improvements at District schools, including, but not limited to, improve student access to computers, replace portable facilities with permanent classrooms, purchase school furniture and equipment, and install or remove relocatable classrooms at Denair Elementary and Denair Middle School. The District has also committed to conduct an annual independent fi nancial audit until the proceeds have been spent for the school facilities and projects set forth in the resolution adopted by the District.

If this measure passes, a tax shall annually levy on property within the District. The District has determined that the best estimate for the tax rate during the fi rst fi scal year after the sale of the bonds is $36.00 per $100,000 of assessed valuation in fi scal year 2008-2009. The best estimate of the highest tax rate to be levied is $36.00 per $100,000 of assessed valuation.

Subject to the applicable provisions of the California Constitution and the California Education Code, an annual tax shall be levied upon the property within the jurisdiction of the District for the interest and redemption of all outstanding bonds of the District authorized by this measure. The annual tax shall not be less than suffi cient to pay the interest on the bonds as it becomes due and to provide a sinking fund for payment of the principal on or before maturity and may include an allowance for an annual reserve, established for the purpose of avoiding fl uctuating tax levies.

+A "yes" vote is a vote to authorize the District to issue and sell the bonds.

+A "no" vote is against authorizing the District to issue and sell the bonds.

This analysis is submitted by the Office of the Stanislaus County Counsel pursuant to the requirements of Section 9500 of the Elections Code of the State of California.

Dated: August 7, 2007

Dean Wright, Deputy County Counsel of the County of Stanislaus

MEASURE "K" WILL:

• Build a new middle school to reduce student overcrowding
• Provide the local match for $14 million in State funds
• Improve student access to modern technology As taxpayers, we know it is crucial to have high quality local public schools with adequate facilities. We also know that it is important to incorporate taxpayer safeguards.

• A taxpayers' oversight committee to ensure money will only be used for voter-approved school improvements and repairs and will NOT be used for salaries, administration and overhead
• Annual independent audits on all Measure "K" expenditures
• The money raised will stay in Denair and will NOT be taken away by the State

• Reduce overcrowding now, instead of later, when the required new facilities will only cost more
• Improve our schools, which improves homeowner property values and student achievement.

TUESDAY, NOVEMBER 6TH, VOTE YES ON MEASURE "K"!
s/ Karl F. Curnow, Denair Fire Chief
s/ Denise M. Hurd, School Board President
s/ T.J. McDonald, Parent
s/ Joanne E. Nash, Community Member
s/ Debbie Nutcher, Parent/Farmer

(No arguments against Measure K were submitted)

1. The best estimate of the tax which would be required to be levied to fund this bond issue during the first fiscal year after the sale of the first series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is 3.600 cents per $100 ($36.00 per $100,000) of assessed valuation in fiscal year 2008-09.

2. The best estimate of the tax which would be required to be levied to fund this bond issue during the first fiscal year after the sale of the last series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is 3.600 cents per $100 ($36.00 per $100,000) of assessed valuation in fiscal year 2015-16.

3. The best estimate of the highest tax rate which would be required to be levied to fund this bond issue, based on estimated assessed valuations available at the time of filing of this statement, is
3.600 cents per $100 ($36.00 per $100,000), the current voter-approved tax rate.

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 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. 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: July 26, 2007

Ed Parraz, Superintendent, Denair Unified School District

The Denair Unifi ed School District ("District") encompasses an area of more than 57 square miles and has approximately 1,500 students in its schools. The District, in cooperation and communication with the community recognizes our children as our future, and makes efforts to provide quality education in a safe environment that fosters solid work habits, solidifies intrinsic values, and builds character in students. The District believes that, in collaboration with parents and community members, we can and will provide support to ensure that every student will come to school, stay in school and do the very best they are capable of.

The Board of Trustees and staff of the District believe in doing all that is necessary to construct and maintain safe, clean and attractive schools. To further that goal, the Board of Trustees has prepared a facilities plan and has identified needs ranging from new construction to accommodate growth to repairs, upgrades and classroom construction needs due to aging facilities. These needs require more funding than the District is able to contribute from currently available sources or annual revenues.

In keeping with its promise to set goals to maximize fiscal resources, the District has leveraged over $9.0 million in State funding to build Denair High School facilities and other modernization projects throughout the District. The District will continue to seek funding, including local, state and federal grants and state bond funds to complete needed improvements. The District now needs to improve school safety and replace portable classrooms by constructing a new middle school for the residents of the District. To remain eligible for State funding, the District must comply with the requirements of the program, new or existing, on an ongoing basis.

BOND AUTHORIZATION

By approval of this measure by at least fifty-five percent (55%) of the registered voters voting on this measure, the District shall be authorized to issue and sell bonds in an amount of up to $13,000,000 in principal, with interest at or below the legal limit. The bond proceeds shall be used to provide financing only for specific school facilities projects listed in the Bond Project List attached hereto as Attachment A-1, subject to the accountability requirements specifi ed below.

BOND PROJECT LIST

The Bond Project List attached to this resolution as Attachment A-1 shall be considered a part of the ballot proposition and shall be reproduced in any official document required to contain the full statement of the bond proposition.

Approval of this Bond Measure (the "Measure") does not guarantee that the proposed projects will be funded beyond the local revenues generated by the Measure. If matching funds from the State or any other source become available, they will be used for and applied to the Bond Project List. The District's proposal for the projects assumes the receipt of matching State funds, including "Critical Hardship Funding", which could be subject to appropriation by the Legislature or approval of a statewide bond measure. In addition, the District will seek funds from other sources. The District's capital needs exceed the amount of bonds the voters are being asked to authorize.

ACCOUNTABILITY REQUIREMENTS

The provisions in this section are specifically included in this Measure in order that the voters and taxpayers in the District may be assured that their money will be spent wisely to address specifi c facilities needs of the District, all 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 (codifi ed at Education Code Sections 15264 and following.)

Evaluation of Needs. The Board of Trustees has prepared an updated facilities plan in order to identify all current and anticipated facilities needs of the District and determine which projects to finance from a local bond and other sources at this time. The Board of Trustees hereby certifies that it has evaluated safety, class size reduction, enrollment growth, and information technology needs in developing the Bond Project List contained in Attachment A-1.

Independent Citizens' Oversight Committee. The Board of Trustees shall establish an Independent Citizens' Bond Oversight Committee pursuant to the provisions of the Education Code, commencing with section 15278, to ensure bond proceeds are expended only on the school facilities and on the projects listed in Attachment A-1. The Independent Citizens' Bond Oversight Committee shall be established within 60 days of the date when the results of the election appear in the minutes of the Board of Trustees. The District shall, without expending bond funds, provide the Independent Citizens' Bond Oversight Committee with any necessary technical and administrative support in furtherance of its purpose, and sufficient resources to publicize the conclusions of the committee.

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 school facilities projects listed in Attachment A-1.

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 school facilities projects listed in Attachment A-1.

Special Bond Proceeds Account: Annual Report to Board of Trustees. Upon approval of this Measure and a subsequent sale of authorized bonds, the Board of Trustees shall take actions necessary to establish an account in which proceeds of the sale of bonds will be deposited. As long as any proceeds of the bonds remain unexpended, the Superintendent shall cause a report to be filed with the Board of Trustees annually, stating (1) the amount of bond proceeds received and expended in that year, and (2) the status of any project funded or to be funded from bond proceeds. The report may relate to the calendar year, fiscal year, or other appropriate annual period as the Superintendent shall determine and may be incorporated in the annual budget, audit, or another appropriate routine report to the Board of Trustees.

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 school facilities including the furnishing and equipping of school facilities or acquisition or lease of real property for school facilities and construction management by district personnel and not for any other purpose, including teacher and administrator salaries and other school operating expenses.

The proceeds of the bonds will be deposited into a fund to be held by the Stanislaus County Treasurer, as required by the California Education Code.

ATTACHMENT A-1

BOND PROJECT LIST

The District intends to undertake the following projects using a combination of funding sources. It is anticipated that bond proceeds will contribute $13,000,000 to said total cost. As required by the California Constitution, the proceeds from the sale of bonds will be used only to acquire or improve real property, and for furnishing and equipping school facilities and not for any other purposes, including teacher and administrator salaries or other school operating expenses. This Bond Project List assumes that additional funding, which could include State matching funds subject to appropriation by the Legislature or approval of a statewide bond measure, or other funds of the District and/or other sources, will be available to the District. The District intends to fund, acquire, construct and a new middle school and other improvements as required. The District intends to acquire, construct and equip a new middle school and to fund other improvements at District schools, as required, including but not limited to the improvements described below.

SCHOOL PROJECTS

Denair Middle School

• Build a new middle school to reduce student overcrowding and improve student safety
• Improve student access to computers and modern technology
• Replace portable facilities with permanent classrooms
• Provide or purchase school furniture and equipment, as needed to replace worn, outdated furniture and equipment, maintain facilities, and provide up-to-date educational equipment, science laboratory equipment, computers, etc Denair Middle School.
• Address unforeseen conditions revealed by construction (e.g., plumbing or gas line breaks, seismic, structural, etc., asbestos and other hazardous materials)

• Necessary site preparation/restoration in connection with renovation or remodeling, or installation or removal of relocatable classrooms at Denair Elementary and Denair Middle School
• Rental or construction of temporary classrooms (including relocatables) as needed to house students displaced during construction

The District will pursue all practical opportunities to expand community joint use facilities. In pursuing joint use, the District's goal will be to maximize the use of school district facilities to the broader community, without adversely impacting school operations or finances.