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LWV League of Women Voters of California Education Fund
Smart Voter
Stanislaus County, CA November 4, 2008 Election
Measure R
School Bond
Newman Crows Landing Unified School District

55% Approval Required

Pass: 1,998 / 64.16% Yes votes ...... 1,116 / 35.84% No votes

See Also: Index of all Measures

Results as of Nov 24 9:15pm, 100.0% of Precincts Reporting (15/15)
Information shown below: Impartial Analysis | Arguments | Tax Rate Statement | Full Text

In order to provide our local students with the same classrooms and school facilities as other California school districts, major repairs, upgrades, and classroom construction are necessary to ensure these buildings will remain functional for future generations.

Shall Newman Crows Landing Unified School District issue $25,000,000 in bonds, at legal interest rates, with guaranteed annual audits, citizen oversight, and no money for administrators' salaries?

Impartial Analysis from County Counsel Of County of Stanislaus
If approved by fifty-five percent (55%) of the votes cast by the voters voting thereon, this measure would authorize the Board of Trustees of the Newman-Crows Landing Unified School District (the "District") to issue and sell general obligation bonds of the District in amounts not to exceed a total of $25,000,000. Interest on said bonds shall not exceed the maximum rate allowed by the Education Code Sections 15140 to 15143, as modifi ed by Government Code Section 53531, which provides that such bonds may bear interest not to exceed twelve percent (12%), the legal limit.

If the bond measure is approved, pursuant to Section 15278 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 projects described in the ballots exhibit to include the following projects: "Construction and renovation of a variety of school facilities projects as described fully in the full text of Measure "R".

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 for the first fiscal year after the sale of bonds is $43.50 per $100,000 of assessed valuation in fiscal year 2009-2010, and the same amount in 2011-2012.

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 sufficient 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 fluctuating 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.

/s/ Dean Wright, Deputy County Counsel Of County of Stanislaus

 
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Arguments For Measure R Arguments Against Measure R
Please join us and vote YES on Measure "R" for the children of Newman-Crows Landing Unified School District. Our dedicated staff has been working hard to serve our students, but they are faced with severe budget limitations. Passing Measure "R" will provide a new elementary school and improved facilities that allow us to continue providing a quality education to the children of Newman, Crows Landing and Diablo Grande.

Measure "R" will enable the district to enhance our students' safety and improve their learning environments by repairing and renovating existing school buildings and replacing aging temporary classrooms at the high school. The measure will also help to relieve overcrowding by building a new elementary school in Newman. Funds will also enable the district to renovate Bonita School in Crows Landing and repair or replace aging roofs at all of our schools. All of these necessary projects can be done now instead of later when it will only cost more and help protect property values in our community. Your vote will allow the district to pay off an outstanding loan used for previous construction projects like Yolo Middle School and new facilities at Orestimba High School.

We MUST pass Measure "R" so that Newman-Crows Landing Unified School District will qualify for several millions of dollars of additional state matching funds.

We are pleased that safeguards are built into Measure "R" to assure us that funds will be used for their intended purpose only. No funds will be used for administrator salaries and a Citizens' Oversight Committee will monitor all expenditures of bond funds.

We support Measure "R" because the funds raised will improve student safety and productivity in our local schools.

We urge you to vote YES on Measure "R" for the students of Newman-Crows Landing Unified School District.

/s/ Robert W. McConnell - Retired School Principal
/s/ Edward J. Kelly - Newman City Council
/s/ Danny Cope - Principal, Yolo Middle School
/s/ RoseLee Hurst - Professor of English Composition & Literature at Modesto Junior College
/s/ Derek Solano - Teacher at Tracy High School

NO ARGUMENT AGAINST MEASURE R WAS SUBMITTED

Tax Rate Statement
An election will be held in the Newman-Crows Landing Unified School District (the "District") on November 4, 2008, to authorize the sale of up to $25,000,000 in bonds of the District to finance school facilities as described in the proposition. If the bonds are approved, the District expects to sell the bonds in three series. Principal and interest on the bonds 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.

1. The best estimate of the tax rate 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 4.35 cents per $100 ($43.50 per $100,000) of assessed valuation in fiscal year 2009 -10.

2. The best estimate of the tax rate 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 4.35 cents per $100 ($43.50 per $100,000) of assessed valuation in fiscal year 2011-12.

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 fi ling of this statement, is 4.35 cents per $100 ($43.50 per $100,000) of assessed valuation. The tax rate is projected to remain the same in each year that the bonds are outstanding.

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 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.

/s/ Richard Fauss, Superintendent, Newman-Crows Landing Unfied School District

Full Text of Measure R
This proposition may be known and referred to as the Newman-Crows Landing Unified School District Measure R.

FINDINGS

The Newman-Crows Landing Unified School District (the 'District'), which serves the communities of Newman and Crows Landing and portions of Stanislaus County, is becoming a recognized leader in providing top quality education to Stanislaus County students.

The achievements have been accrued by the District as a result of the visionary leadership from the Board of Trustees of the District (the 'Board'), as well as from staff members, parents, and members of the District communities. The District has benefited from a community that supports its educational institutions by establishing high standards for academic achievement while at the same time providing the means required to meet and even to surpass those expectations.

In order to provide our local students with the same classrooms and school facilities as other California school districts, major repairs, upgrades, and classroom construction are necessary to ensure these buildings will remain functional for future generations.

The Board has approved a facilities plan and identified significant repairs, upgrades, and classroom construction needs due to increased enrollment that are more than the District is able to fund from currently available sources or annual revenues.

The District has successfully sought, and continues to seek, all available outside sources of funding to improve our school buildings, including local, state, and federal grants and state bond funds. Historically, the state requires that local school districts provide local funds as a condition of receipt of state matching funds.

It is necessary to seek voter approval of a bond measure in order to provide the local funding for identified school facility repairs, modernization projects, and growth needs to address student enrollment.

BOND AUTHORIZATION

By approval of this proposition by at least 55 percent of the registered voters voting on the proposition, the district shall be authorized to issue and sell bonds of up to $25,000,000 in principal at interest rates below the legal limit, to provide financing for the specific school facilities projects listed in the Bond Project List attached hereto as Exhibit A-1, subject to all the accountability requirements specified below.

BOND PROJECT LIST

The Bond Project List attached to this resolution as Exhibit 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 project or projects in the District that are the subject of bonds under the Measure will be funded beyond the local revenues generated by the Measure. If state matching funds become available, they will be used for and applied to the Bond Project List as per Exhibit A-1. The District's proposal for the project or projects assumes the receipt of matching state funds, which could be subject to appropriations by the Legislature or approval of a statewide bond measure.

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 to address specific facilities needs of the District all in compliance with the requirements of Article XIIA, 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 15246 and following.)

Evaluation of Needs. The Board, after a lengthy process involving staff members, parents, students, and community members throughout the District, has prepared an updated facilities plan in order to evaluate and address all of the facilities needs of the District and determine which projects to finance from a local bond at this time. The Board hereby certifies that it has evaluated safety, class size reduction, enrollment growth, and information technology needs in developing the Bond Project List contained in Exhibit A-1.

Independent Citizens' Oversight Committee. The Board shall establish an Independent Citizens' Oversight Committee pursuant to Education Code Section 15278 and following to ensure bond proceeds are expended only on the school facilities projects listed in Exhibit A-1. The committee shall be established within 60 days of the date when the results of the election appear in the minutes of the Board.

Performance Audits. The Board shall conduct an annual, independent performance audit to ensure that the bond proceeds have been expended only on the school facilities projects listed in Exhibit A-1.

Financial Audits. The Board 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 Exhibit A-1.

Special Bond Proceeds Account: Annual Report to Board. Upon approval of this proposition and the sale of any bonds approved, the Board shall take actions necessary to establish an account in which proceeds of the sale of the bonds will be deposited. As long as any proceeds of the bonds remain unexpended, the Superintendent of the District shall cause a report to be filed with the Board 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.

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 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 Building Fund to be held by the Stanislaus County Treasurer, as required by the California Education Code.

EXHIBIT A-1

BOND PROJECT LIST

The District intends to complete the following projects, using a combination of funding sources. It is anticipated that bond proceeds will contribute $25 million to said total cost. Other anticipated sources include state matching funds and other available funds.

Scope of Projects. Bond proceeds will be expended to modernize, replace, renovate, construct, equip, furnish and otherwise improve the following facilities of the District located at the high school site, elementary school sites and district office. The specfic school 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, incidental costs, and construction management (including construction management by District personnel). The District may alter any of the specific projects which are described below as required by conditions which arise during the course of design and construction.

An independent taxpayers' oversight committee will be selected to ensure that proceeds from the bond will only go towards the items listed below.

1. Improve student safety by repairing and modernizing outdated electrical and plumbing systems and other aging District infrastructure;

2. Repair deteriorating roofs on select school facilities;

3. Replace deteriorating temporary classrooms at the high school; and

4. Ease student overcrowding, by building a new elementary school and making necessary lease payments to pay off outstanding debt being used to complete construction.


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Created: January 24, 2009 10:44 PST
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