RESOLUTION NO.  2008-17

RESOLUTION OF THE BOARD OF TRUSTEES OF THE COLLEGE OF THE SEQUOIAS COMMUNITY COLLEGE DISTRICT ACTING AS THE LEGISLATIVE BODY OF THE COLLEGE OF THE SEQUOIAS TULARE AREA CAMPUS IMPROVEMENT DISTRICT NO. 3 OF THE COLLEGE OF THE SEQUOIAS COMMUNITY COLLEGE DISTRICT ORDERING AN ELECTION, AND ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER

WHEREAS, the Board of Trustees (the "Board") of the College of the Sequoias Community College District (the "District") has determined that certain educational facilities and equipment within the boundaries of the College of the Sequoias Tulare Area Improvement District No. 3 of the College of the Sequoias Community College District ("Improvement District No. 3"), located within portions of Kings County ("Kings County") and Tulare County ("Tulare County"), need to be constructed, renovated, acquired and equipped to enable the District to maintain College of the Sequoias as a valuable community resource, to train and retrain local residents for higher-paying and skilled jobs, and to enhance the educational opportunities of the students in the District who desire to transfer to four-year universities; and

WHEREAS, the Board has determined that the establishment of Tulare College Center as a comprehensive education center in the Tulare area which would include new general education classrooms, instructional laboratories and instructional equipment, the construction of a vocational education complex and the creation of an agricultural/farm animal center are among the highest priorities of the Board; and

WHEREAS, notwithstanding the possibility of receiving $98 million of state money for the Tulare College Center Campus, the State of California (the "State") is unwilling to provide funds necessary to complete the Tulare College Center and State contributions are increasingly linked to the District's ability to locally fund a portion of the costs of Tulare College Center Campus development; and

WHEREAS, in the judgment of the Board, it is advisable to provide additional funding for a Tulare College Center Campus and related facility, technology, and safety needs by means of a general obligation bond; and

WHEREAS, Proposition 46, approved by the voters of the State of California on June 3, 1986 ("Proposition 46"), amended Section 1(b) of Article XIIIA of the California Constitution by adding a provision which exempts from the 1% of full cash value limitation, those ad valorem taxes used to pay for debt service of any bonded indebtedness for the acquisition or improvement of real property approved on or after July 1, 1978, by two-thirds of the votes cast by voters voting on the proposition; and

WHEREAS, Chapter 3, Part 10, Division 1, Title 1 (commencing with Section 15300) of the Education Code (the "Act") provides that Improvement District No. 3 may call an election for the purpose of seeking voter approval for the issuance of general obligation bonds by Improvement District No. 3; and

WHEREAS, the Board of Supervisors of each of Kings County and Tulare County have adopted a resolution causing the provisions of the Act to be applicable within each of Kings County and Tulare County; and

WHEREAS, on November 7, 2000, the voters of California approved the Smaller Classes, Safer Schools and Financial Accountability Act ("Proposition 39") which, as of its effective date, reduced the voter threshold for ad valorem tax levies used to pay for debt service or bonded indebtedness to 55% of the votes cast on a community college district general obligation bond; and

WHEREAS, concurrent with the passage of Proposition 39, Chapter 1.5, Part 10, Division 1, Title 1 (commencing with Section 15264) of the Education Code (the "Act") became operative and established requirements associated with the implementation of Proposition 39; and

WHEREAS, the Board desires to make certain findings herein to be applicable to this election order and to establish certain performance audits, standards of financial accountability and citizen oversight which are contained in Proposition 39 and the Act; and

WHEREAS, the Board determines that the restrictions in Proposition 39, as interpreted by the Attorney General of the State of California, which prohibit any bond money to be used for administrator salaries and expenses be strictly enforced by a Citizens' Oversight Committee; and

WHEREAS, the Board determines that the restrictions in Proposition 39 which prohibit any bond money to be used for administrator salaries and expenses be strictly enforced by a Citizens' Oversight Committee; 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 Improvement District No. 3, relating to the election; and

WHEREAS, the Board 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

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 November 4, 2008, and to request each of the Tulare County Registrar of Voters and the Kings County Registrar of Voters to perform certain election services for the District; and

WHEREAS, in the judgment of the Board, it is advisable to request each of the Tulare County Registrar of Voters and the Kings County Registrar of Voters to call an election pursuant to Proposition 39 on the question of whether general obligation bonds shall be issued and sold on behalf of Improvement District No. 3 for purposes set forth below.

NOW THEREFORE, THE BOARD OF TRUSTEES OF THE COLLEGE OF THE SEQUOIAS COMMUNITY COLLEGE DISTRICT ACTING AS THE LEGISLATIVE BODY OF THE COLLEGE OF THE SEQUOIAS TULARE AREA IMPROVEMENT DISTRICT NO. 3 OF THE COLLEGE OF THE SEQUOIAS COMMUNITY COLLEGE DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1.        That the Board, pursuant to Education Code Sections 15100 et seq. (including Sections 15300 et seq.), Sections 15264 et seq. and Government Code Section 53506, hereby requests the Kings County Registrar of Voters and the Tulare County Registrar of Voters to call an election under the provisions of Proposition 39 and the Act and submit to the electors of Improvement District No. 3 the question of whether bonds of Improvement District No. 3 in the aggregate principal amount not to exceed $60 million (the "Bonds") shall be issued and sold to raise money for the purposes described in Exhibits "A" and "B" hereto.

Section 2.        That the date of the election shall be November 4, 2008.

Section 3.        That the purpose of the election shall be for the voters in Improvement District No. 3 to vote on a proposition, a copy of which is attached hereto and marked Exhibit "A" and incorporated by reference herein, containing the question of whether Improvement District No. 3 shall issue the Bonds to pay for improvements to the extent permitted by such proposition. In compliance with Proposition 39 and the Act, the ballot proposition in Exhibit "A" is subject to the following requirements and determinations:

(a)        the proceeds of the sale of the Bonds shall only be used for the purposes set forth in the ballot measure and not for any other purpose, including faculty and administrator salaries and other college operating expenses;

(b)        that the Board, in compliance with Proposition 39, and in establishing the projects set forth in Exhibit "B", evaluated the safety, enrollment trends, class size, class availability, and information technology needs of the District;

(c)        that the Board will cause to be conducted an annual, independent performance audit to ensure that the Bond moneys get expended for the projects identified in Exhibits "A" and "B" hereto;

(d)        that the Board will cause an annual, independent financial audit of the proceeds from the sale of Bonds to be conducted until all of the Bond proceeds have been expended;

(e)        that the Board will cause the appointment of a Citizens' Oversight Committee in compliance with Education Code Section 15278 no later than 60 days after the Board enters the election results in its minutes pursuant to Education Code Section 15274;

(f)         that the tax levy authorized to secure the bonds of this election shall not exceed the Proposition 39 limits per $100,000 of taxable property in Improvement District No. 2 when assessed valuation is projected by the District to increase in accordance with Article XIIIA of the California Constitution.

Section 4.        That the authority for ordering the election is contained in Education Code Sections 15340 et seq. and 15264 et seq. and Government Code Section 53506.

Section 5.        That the authority for the specifications of this election order is contained in Section 5322 of the Education Code.

Section 6.        That the Tulare County Registrar of Voters, the Tulare County Board of Supervisors, the Kings County Registrar of Voters and the Kings County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on November 4, 2008 within Improvement District No. 3.

Section 7.        That this Resolution shall stand as the "order of election" to each of the Tulare County Registrar of Voters and the Kings County Registrar of Voters to call an election within the boundaries of Improvement District No. 3 on November 4, 2008.

Section 8.        That the Secretary of the Board is hereby directed to send a certified copy of this Resolution to each of the Tulare County Registrar of Voters and the Kings County Registrar of Voters no later than August 8, 2008.

Section 9.       That the maturity of any Bonds issued pursuant to Section 15300 et seq. of the Education Code hereto shall have a maturity not exceeding twenty-five (25) years, and Bonds issued pursuant to Section 53506 of the Government Code shall have a maturity of not exceeding forty (40) years.  The maximum rate of interest on any Bond shall not exceed the maximum rate allowed by Education Code Sections 15140 to 15143, as modified by Government Code Section 53531. The Board approves the Tax Rate Statement on file with the Secretary and directs its publication in accordance with the requirements of the Elections Code.

Section 10.    That the Board requests the governing body of any such other political subdivision, or any officer otherwise authorized by law, to partially or completely consolidate such election and to further provide that the canvass be made by any body or official authorized by law to canvass the returns of the election, and that the Board consents to such consolidation.

Section 11.    Pursuant to Section 5303 of the Education Code and Section 10002 of the Elections Code, the Board of Supervisors of each of Tulare County and Kings County are 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 District agrees to reimburse each of Tulare County and Kings County, such services to include the publication of a Formal Notice of School Bond Election and the mailing of the sample ballot and tax rate statement (described in Section 9401 of the Elections Code) pursuant to the terms of Section 5363 of the Education Code and Section 12112 of the Elections Code.

ADOPTED, SIGNED AND APPROVED this 9th day of June, 2008.

BOARD OF TRUSTEES OF THE COLLEGE OF THE SEQUOIAS COMMUNITY COLLEGE DISTRICT ACTING AS THE LEGISLATIVE BODY OF THE COLLEGE OF THE SEQUOIAS TULARE AREA IMPROVEMENT DISTRICT NO. 3 OF THE COLLEGE OF THE SEQUOIAS COMMUNITY COLLEGE DISTRICT

By s/John A. Zumwalt            

Board President

Attest:

s/William T. Scroggins

Secretary

 

STATE OFCALIFORNIA         )

    )ss      

TULARE COUNTY                   )

I, William T. Scroggins, do hereby certify that the foregoing is a true and correct copy of Resolution No. 2008-17, which was duly adopted by the Board of Trustees of the College of the Sequoias Community College District acting as the legislative body of the College of the Sequoias Tulare Area Improvement District No. 3 of the College of the Sequoias Community College District at meeting thereof held on the 9th day of June, 2008, and that it was so adopted by the following vote:

AYES:                          Trustees Cardoza, Shannon, Sherman and Zumwalt

NOES:                         None

ABSENT:                     Trustee Mann

ABSTENTIONS:          None

By: s/William T. Scroggins

Secretary

EXHIBIT A

"College of the Sequoias Tulare Area Improvement Measure:  To build a permanent Tulare College Center, including buildings for welding and farming equipment repair classes, and vocational education, qualify for $98 million in State building grants, construct classrooms, library, computer labs, an agricultural education complex, livestock pavilion, including farm animal buildings and labs, upgrade/construct/equip/acquire classrooms, facilities and sites; shall College of the Sequoias Tulare Area Improvement District No. 3 of the College of the Sequoias Community College District issue $60 million in bonds, at legal rates, with citizen oversight, mandatory audits, and all funds staying in the Tulare area for college facilities?"

Bonds - Yes                                                                Bonds - No