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Butte County, CA November 6, 2012 Election
Measure M
Shall a $1,000,000 General Obligation Bond be approved?
El Medio Fire Protection District

2/3 Approval Required

Fail: 653 / 56.44% Yes votes ...... 504 / 43.56% No votes

See Also: Index of all Measures

Results as of Nov 20 2:20pm, 100.0% of Precincts Reporting (2/2)
52.9% Voter Turnout (1157/2186)
Information shown below: Impartial Analysis | Tax Rate Statement | Full Text

To acquire a parcel of land and to make improvements thereon such as a training facility for the firefighters of the El Medio Fire Protection District, comprising a fire/rescue tower, classrooms, offices, a physical fitness workout room, an equipment maintenance shop, and ancillary buildings, workrooms and storage facilities, shall the El Medio Fire Protection District be authorized ro issue bonds not to exceed $1 million, at legal interest rates and no bonds maturing beyond 30 years?

Impartial Analysis from the County Counsel
EL MEDIO FIRE PROTECTION DISTRICT GENERAL OBLIGATION BOND IMPARTIAL ANALYSIS OF MEASURE "M" BY BUTTE COUNTY COUNSEL CANDACE J. GRUBBS Butte County Clont4tocotdof This analysis of the general obligation bond measure for the El Medio Fire Protection District ("District"), Measure M, is prepared and submitted in accordance with Elections Code Section 9313. This analysis is not an argument for or against the measure. If approved, the issuance of the bonds will be in conformance with the laws of the State of California. If 66.66% or more of the votes cast by the qualified voters in the El Medio Fire Protection District (the "District") on the measure are "Bonds-Yes," the measure will be approved, and the District will be authorized to incur a bonded indebtedness in the principal amount of up to $1,000,000 and to levy ad valorem taxes on taxable property within the District to pay for the amount of bonded indebtedness plus interest. If the measure is not approved by at least 66.66% of the votes cast, the measure will fail and the bonds will not be issued.

The bonds will bear interest at a rate not exceeding the legal limit. Interest will be established at the time of sale, depending on the market rates at that time, with a maximum term of 30 years. The bonds may be divided into two or more series, however the District plans to sell the bonds in one 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 estimated tax rates are based on the assessed value of taxable property as shown on the County" s official tax rolls, not on the property's market value.

Proposition 13, approved in 1978, amended the California Constitution by adding Article XIIIA limiting ad valorem taxes on real property to one percent (1%) on the value of the property. Article XIIIA was amended in 1986 by adding an exception providing that the 1% limitation does not apply to taxes used to pay charges on certain bonds. Taxes levied to pay the interest and principal of these District Bonds would be within this exception and not subject to the 1% limitation.

The funds derived from the sale of these bonds could be expended by the District only for the purposes specified in the ballot measure, including: constructing a training facility comprised of a fire/rescue tower, classrooms, offices, a physical fitness workout room, an equipment maintenance shop, and several ancillary buildings, tentatively to be located on a parcel of land on the northwest corner of Las Plumas and Oro Bangor Highway. The proceeds will not be used for any other purpose.

/s Bruce

The above statement is an impartial analysis of Measu M. If you desire a copy of the measure, please visit http://buttevotes.net or contact the Butte County ections Office at 25 County Center Drive, Suite 110, Oroville, CA 95965, (530) 538-7761 or toll free in Butte County (800) 894-7761 and a copy will be mailed to you at no cost.

 
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Tax Rate Statement from the County Counsel
FILED AUG 13 2012

EL MEDIO FIRE PROTECTION DISTRICT GENERAL OBLIGATION BOND IMPARTIAL ANALYSIS OF MEASURE "M" BY BUTTE COUNTY COUNSEL

This analysis of the general obligation bond measure for the El Medio Fire Protection District ("District"), Measure M, is prepared and submitted in accordance with Elections Code Section 9313. This analysis is not an argument for or against the measure. If approved, the issuance of the bonds will be in conformance with the laws of the State of California.

If 66.66% or more of the votes cast by the qualified voters in the El Medio Fire Protection District (the "District") on the measure are "Bonds-Yes," the measure will be approved, and the District will be authorized to incur a bonded indebtedness in the principal amount of up to $1,000,000 and to levy ad valorem taxes on taxable property within the District to pay for the amount of bonded indebtedness plus interest. If the measure is not approved by at least 66.66% of the votes cast, the measure will fail and the bonds will not be issued. The bonds will bear interest at a rate not exceeding the legal limit. Interest will be established at the time of sale, depending on the market rates at that time, with a maximum term of 30 years. The bonds may be divided into two or more series, however the District plans to sell the bonds in one 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 estimated tax rates are based on the assessed value of taxable property as shown on the County" s official tax rolls, not on the property's market value. Proposition 13, approved in 1978, amended the California Constitution by adding Article XIIIA limiting ad valorem taxes on real property to one percent (1%) on the value of the property. Article XIIIA was amended in 1986 by adding an exception providing that the 1% limitation does not apply to taxes used to pay charges on certain bonds. Taxes levied to pay the interest and principal of these District Bonds would be within this exception and not subject to the 1% limitation. The funds derived from the sale of these bonds could be expended by the District only for the purposes specified in the ballot measure, including: constructing a training facility comprised of a fire/rescue tower, classrooms, offices, a physical fitness workout room, an equipment maintenance shop, and several ancillary buildings, tentatively to be located on a parcel of land on the northwest corner of Las Plumas and Oro Bangor Highway. The proceeds will not be used for any other purpose.

/s Bruce S. Alpert, Butte County Counsel

The above statement is an impartial analysis of Measure M. If you desire a copy of the measure, please visit http://buttevotes.net or contact the Butte County Elections Office at 25 County Center Drive, Suite 110, Oroville, CA 95965, (530) 538-7761 or toll free in Butte County (800) 894-7761 and a copy will be mailed to you at no cost.

Full Text of Measure M
RESOLUTION OF THE BOARD OF DIRECTORS OF THE EL MEDIO FIRE PROTECTION DISTRICT COUNTY OF BUTTE, STATE OF CALIFORNIA

RESOLUTION NO. R-12-005 JUL 1 3 2012

RESOLUTION ORDERING GENERAL OBLIGATION BOND ELECTION IN AN AMOUNT NOT TO EXCEED $1,000,000 AND AUTHORIZING NECESSARY ACTIONS IN CONNECTION THEREWITH

WHEREAS, the Board of Directors (the "Board") of the El Medio Fire Protection District (the "District") is 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 Health and Safety Code (the "Health and Safety Code") Sections 13925 et seq.; and

WHEREAS, pursuant to Section 18 of Article XVI and Section 1 of Article XIII A of the California Constitution, and Section 13925 of the Health and Safety Code, fire protection districts may seek approval of general obligation bonds and levy an ad valorem tax to repay those bonds upon a vote of at least two-thirds of those voting on a proposition for the purpose; and

WHEREAS, the Board, deems it necessary and advisable to submit a bond proposition to the electors which, if approved by two-thirds of the votes cast, would permit the District to issue its bonds; and

WHEREAS, the Board wishes to use the proceeds of the proposed bonds to construct a training facility, comprising a fire/rescue tower, classrooms, offices, a physical fitness workout room, an equipment maintenance shop, and several ancillary buildings tentatively to be located on a parcel of land on the northwest corner of Las Plumas and Oro Bangor Highway; and

WHEREAS, some of the facilities may also be used by the Butte County Sherriffs Deparment, the California Department of Forestry and Fire Protection, and the City of Oroville fire department, and such other public agencies as the Board may deem appropriate; and

WHEREAS, the Board now wishes to appoint Stone & Youngberg, a division of Stifel Nicolaus as Underwriter to the District, and Orrick Herrington & Sutcliffe as Bond Counsel to the District; and

WHEREAS, such a bond election may be conducted concurrent with a statewide general election; and

WHEREAS, on November 6, 2012, a statewide general election is scheduled to be conducted throughout the District; and

WHEREAS, the District is located entirely within the County of Butte (the "County"); and

WHEREAS, Section 9400 et seq. of the Elections Code of the State of California (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, the Board of Directors now desires to authorize the filing of a ballot argument in favor of the proposition to be submitted to the voters at the election; and

NOW, THEREFORE, THE BOARD OF DIRECTORS OF EL MEDIO FIRE PROTECTION DISTRICT DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:

1. Recitals. All of the above recitals are true and correct.

2. Specifications of Election Order. Pursuant to Health and Safety Code Sections 13925, an election shall be held within the boundaries of the El Medio Fire Protection District on November 6, 2012, for the purpose of submitting to the registered voters of the District the proposition contained in Exhibit A hereto.

3. Determination of Necessity; Scope of Project. The Board hereby determines and declares that the proposed plan of work is feasible and the project as set forth in said report is necessary. The estimated cost of the proposed project is $1 million. Said estimate includes planning, design, engineering, acquisition, construction and improvement costs for the project, which consists of the acquisition of a parcel of land, tentatively located on the northwest corner of Las Plumas and Oro Bangor Highway, and the construction of a training facility, comprising a fire/rescue tower, classrooms, offices, a physical fitness workout room, an equipment maintenance shop, and several ancillary buildings thereon, and all costs of issuing the bonds.

4. Maximum Term. The maximum term of the bonds shall not exceed 30 years, provided that the bonds of said authorized issue may be divided into two or more series or divisions, and the last date of maturity of any such series of bonds may be fixed at any date or dates up to but not exceeding thirty years after the date of the bonds of that series. The District may fix different dates for the bonds of each series, and the bonds of any series may be made to mature and become payable at different times from those of any other series, provided (i) that said maximum maturity above specified shall be calculated from the date on the face of each bond, separately, irrespective of the fact that different dates may be prescribed for the bonds of each separate series or division of said authorized issue and (ii) that the maturity dates of each separate series or division shall comply with the provisions of law.

5. Maximum Interest Rate. The maximum interest rate shall not exceed the maximum rate permitted by law.

6. Order of Election; Specifications of Ballot Measure; Abbreviation of Proposition. Pursuant to Section 13247 of the Elections Code, this Board of Directors hereby directs the Registrar of Voters of the County (the "Registrar of Voters") to submit to the voters of the District at said election the proposition contained Exhibit A hereto.

7. Delivery of Order of Election and Tax Rate Statement to County Officers. As soon as practicable following adoption of this Resolution, and in any event no later than August 10, 2012 (which date is not fewer than 88 days prior to the date set for the election), the Clerk of this Board of Directors is hereby directed to cause one copy of this Resolution to be filed (1) with the Clerk of the Board of Supervisors of the County, and (2) with the Registrar of Voters of the County. The copy filed with the Registrar of Voters shall include the Tax Rate Statement (in substantially the form attached hereto as Exhibit B), completed and signed by the Chair of the Board of the District.

8. Conduct of Election.

(a) Request to Registrar of Voters. 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) Ballot and Voter Pamphlet. The Registrar of Voters is requested to cause the exact wording of the Measure contained in Exhibit Ato appear on the ballot.

(c) Consolidation. 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.

(d) Canvass of Results. The Board of Supervisors of the County is authorized to canvass the returns of the election pursuant to Section 10411 of the Elections Code.

(e) Required Vote. Pursuant to Section 18 of Article XVI and Section 1 of Article XIII A of the State Constitution, the proposition contained in Appendix A shall become effective upon the affirmative vote of at least two-thirds of those voters voting on the proposition.

(f) Election Costs. This Board of Directors shall pay all costs of the election approved by the Board of Supervisors of the County, pursuant Elections Code Section 10520.

9. Ballot Arguments. The Chair of this Board, or any member or members of this Board as the Chair shall designate, are hereby authorized, but not directed, to prepare and file with the Registrar of Voters a ballot argument in favor of the proposition contained in Exhibit A hereof, within the time established by the Registrar of Voters, which shall be considered the official ballot argument of this Board as sponsor of the proposition.

10. Appointments. Stone and Youngberg, a division of Stifel Nicolaus, is hereby appointed Underwriter to the district and Orrick, Herrington & Sutcliffe is hereby appointed Bond Counsel to the District, all in connection with any or all bonds issued pursuant to the measure placed on the ballot by this resolution.

11. Further Authorization. The members of this Board, the Fire Chief, the Fire Chief's designees, and all other officers of the District are hereby authorized and directed, individually and collectively, to do any and all things, including completing the form of Tax Rate Statement attached hereto as Exhibit B and submitting such statement with this resolution to the Registrar of Voters, 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.

12. Effective Date; Required Vote. This Resolution shall take effect upon its adoption by a two-thirds vote of the Board of Directors.

PASSED AND ADOPTED this day, July 11, 2012, by the following vote:

AYES: 5 Carr, Davis, Tiedemann, Munster, Nystuen (proxy) NOES: 0 ABSTAIN: 0 ABSENT: 0

APPROVED: /s Regina A. Munster,Chair of the Board of Directors of the El Medio Fire Protection District

ATTEST: /s Virginia Brazil-Barnes Clerk of the Board of Directors of the El Medio Fire Protection District

EXHIBIT A

I. THE MEASURE

To acquire a parcel of land and to make improvements thereon such as a training facility for the firefighters of the El Medio Fire Protection District, comprising a fire/rescue tower, classrooms, offices, a physical fitness workout room, an equipment maintenance shop, and ancillary buildings, workrooms and storage facilities, shall the El Medio Fire Protection District be authorized ro issue bonds not to exceed $1 million, at legal interest rates and no bonds maturing beyond 30 years? [73 words]


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Created: December 17, 2012 13:43 PST
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