Bond Measure G -Harrison Stadium

OROVILLE UNION HIGH SCHOOL DISTRICT

Resolution No. 1-08/09

Resolution of the Oroville Union High School District Ordering a School Bond Election, Establishing Specifications of the Election Order, and Requesting Consolidation
With the Election on November 4, 2008

WHEREAS, the Board of Trustees (the “Board”) of the Oroville Union High School District (the “District”) is generally authorized to order elections within the District and to designate the specifications thereof, pursuant to Education Code Sections 5304 and 5322;

WHEREAS, the Board is specifically authorized to order elections, pursuant to Education Code sections 15264 et seq., for the purpose of submitting to the electors the question of whether bonds of the District (“Bonds”) shall be issued and sold for specified purposes;

WHEREAS, the Board deems it necessary and advisable to submit a bond measure to the electors that, if approved by the requisite number of electors voting on the measure, would permit the District to issue Bonds;

WHEREAS, as required by Education Code section 15266, the date selected for the bond election is the date of a primary election;

WHEREAS, it is desirable that the election to determine whether the Bonds shall be issued and sold be consolidated with such other election or elections as may be held on the same day in the same territory or in territory that is in part the same.

NOW, THEREFORE, the Board of Trustees of the Oroville Union High School District does hereby resolve, determine, and order as follows:

Section 1. Election Order; Ballot Proposition. Pursuant to Education Code Sections 5304, 5322 and 15264 et seq. and Article XVI, Section 18(b), of the California Constitution, an election shall be held within the boundaries of the Oroville Union High School District on November 4, 2008, submitting to the voters of the District the question of whether Bonds of the District, in the amount of $12,000,000 shall be issued and sold for the purposes described in this Resolution and its accompanying exhibits. The Bonds proposed to be issued and sold shall bear interest at a rate not exceeding the statutory limit per annum, and the number of years any series of the Bonds are to run shall not exceed twenty‑five (25) years from the date of the Bonds or the date of any series thereof in the event the Bonds are issued pursuant to the Education Code, and shall not exceed forty (40) years from the date of the Bonds or the date of any series thereof in the event the Bonds are issued pursuant to the Government Code.

Section 2. Specifications of the Election Order. The foregoing specifications of the election order are made pursuant to Education Code Section 5322.

Section 3. Services of Registrar of Voters. Pursuant to Education Code Section 5303 and Elections Code Section 10002, the Board of Supervisors of Butte County (“Board of Supervisors”) is requested to permit the Registrar of Voters to render all services specified by Elections Code Section 10418 relating to the election, for which services the District agrees to reimburse the County, such services to include the publication of a Formal Notice of School Bond Election (as described herein) and the mailing of the sample ballot and tax rate statement (described in Elections Code Section 9401) pursuant to the terms of Education Code Section 5363 and Elections Code Section 12112.

Section 4. Consolidation with Other Elections. Pursuant to Education Code Section 5342, 15266, and 15121 and Part 3 (commencing with Section 10400) of Division 10 of the Elections Code, the Board of Supervisors is requested to order consolidation of the school bond election with such other election or elections as may be held on the same day in the same territory or in a territory that is in part the same.

Section 5. County Registrar of Voters to Call and Conduct Election. Pursuant to Section 5303 of the Education Code, the Registrar of Voters of the County of Butte (“Registrar of Voters”) is hereby requested to take all steps to prepare for and hold the election within the boundaries of the District in accordance with law and these specifications.

Section 6. Title of Bond Measure, Abbreviated Bond Measure and Full Text of the Measure.

(a) The title of the bond measure is “Athletic Facilities Improvement Bonds of 2008.”

(b) The abbreviated bond measure is set forth in Exhibit B and the full text of the bond measure is set forth in Exhibit C. The Registrar of Voters is hereby requested to:

(i) print the abbreviated bond measure as shown in Exhibit B on the ballot and designate the statement on the ballot by a letter printed on the left margin of the square containing the description of the measure as provided in Section 13116 of the Elections Code of the State of California; and

(ii) publish the following full text of the measure as shown in Exhibit C in the ballot pamphlet materials as appropriate.

Section 7. Tax Rate Statement. The Board hereby approves the form of the tax rate statement attached hereto as Exhibit D and incorporated herein by reference and authorizes the District’s Superintendent, in consultation with the District’s financial advisor, to complete it in accordance with the requirements of Elections Code Section 9401.

Section 8. Formal Notice of Election. The District’s Superintendent is hereby directed to prepare and execute a Formal Notice of School Bond Election for delivery to the Registrar of Voters containing the information specified in Education Code Sections 5361 and 15120 (as modified under the authority of Government Code Section 53506.5), in substantially the form attached hereto as Exhibit A with such changes as may be required by the Office of the Butte County Counsel or the District’s bond counsel. The Registrar of Voters is hereby requested to publish the Formal Notice of Election.

Section 9. Delivery of Specifications of the Election Order, Tax Rate Statement, and Formal Notice of Election. The District’s Superintendent is hereby directed to deliver, on or before July 18, 2008, one copy of this Resolution, the tax rate statement, and the Formal Notice of School Bond Election to the Registrar of Voters (in accordance with the requirements of Education Code Section 5322 and Elections Code Section 9401, respectively), and one copy of each to the Board of Supervisors (in accordance with the requirements of Elections Code Section 10403).

Section 10. General Authorization with Respect to the Bond Election. The members of the Board, the Superintendent, and the other officers of the District are hereby authorized and directed, individually and collectively, to do any and all things and to execute, deliver, and perform any and all agreements and documents that they deem necessary or advisable in order to effectuate the purposes of this Resolution, including, without limitation, to prepare and submit for inclusion in the voter information pamphlet a tax rate statement and an argument in favor of passage of the ballot proposition. All actions heretofore taken by the officers and agents of the District that are in conformity with the purposes and intent of this Resolution are hereby ratified, confirmed, and approved in all respect.

Section 11. Canvass of Returns. The Board of Supervisors is authorized to canvass the returns of the election pursuant to Elections Code Section 10411.

Section 12. Vote Required. Pursuant to Section 15124 of the Education Code and Section 18 of Article XVI and Section 1 of Article XIIIA of the Constitution of the State of California, as amended by Proposition 39, the above bond measure shall become effective only upon the affirmative vote of fifty-five percent or more of those voters voting on the measure.

Section 13. Use of Bond Proceeds, Facilities Specifications, and Audit Requirements. Pursuant to Section 1 of Article XIIIA of the California Constitution, the following accountability requirements are hereby included in the bond measure:

(i) Use of Bond Proceeds. Proceeds from the sale of the Bonds may be used only for the purposes specified in Article XIIIA, section 1(b)(3) of the California Constitution.

(ii) Specification of Facilities. The specific school facilities projects to be funded are as described below. The Board hereby certifies that it evaluated safety, class size reduction, and information technology needs in developing the list.

(iii) Performance Audit. The Board shall conduct an annual, independent performance audit to ensure that the Bond funds have been expended only on the specific projects listed.

(iv) Financial Audit. The Board shall conduct an annual, independent financial audit of the proceeds from the sale of the Bonds until all of the proceeds have been expended for the school facilities projects.

(v) Specific Facilities to be Funded. Bond proceeds shall be used for the following school facility projects:

· Remodel and upgrade the Harrison Stadium Sports Complex, including synthetic all weather track, football and soccer fields, paved parking lots, new home and visitor bleachers, disabled access, press box, snack bar, bathrooms, landscaping, irrigation, scoreboards and lights

· Remodel and upgrade Oroville High School athletic facilities

· Remodel and upgrade Las Plumas High School athletic facilities

Section 14. Government Code Accountability Requirements. Pursuant to Government Code Sections 53410 and 53411, the District hereby finds or directs that:

(a) the purpose of the Bonds is to fund the specific facility needs as set forth in the full text of the measure;

(b) the Bond proceeds shall only be used on the specific projects authorized in the full text of the measure;

(d) the Chief Business Official of the District shall issue an annual report to the Board containing the amount of funds collected and expended as well as the status of the projects authorized in the full text of the measure.

Section 15. Citizen’s Oversight Committee. It is the intent of the Board that a citizen’s oversight committee be appointed to ensure that the proceeds of the Bonds are spent only for the specific purposes and projects identified in this Resolution. The membership requirements and procedures for such committee shall be established by the Board in accordance with the requirements of law.

Section 16. Encumbrance of Bond Funds. Pursuant to the policy adopted by the State Allocation Board regarding the disposition of local bond funds under Education Code Section 17032, and for the purpose of making such funds unavailable as rent within the meaning of such section, the Board hereby encumbers all funds to be generated by the sale of the Bonds in order to pay for the acquisition and construction of the school facilities authorized by the bond measure.

Section 17. Effective Date. This resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED by the following vote of the members of the Board of the Oroville Union High School District of Butte County, State of California, this 16^th day of July 2008.

AYES: 5

NOES: 0

ABSENT: 0

ABSTAIN: 0

____________________________________

David Bruce, President, Board of Trustees

Harrison Stadium Bond Measure G

Harrison Stadium
Bond Measure G