Resolution: Secondary Schools

RESOLUTION NO. 01-02-013




WHEREAS, the Board of Trustees (the "Board") of the Eureka Unified School District (the "District"), within the County of Humboldt, California (the "County"), is authorized to order elections within the District and to designate the specifications thereof, pursuant to Sections 5304 and 5322 of the Education Code of the State of California (the "Education Code"); and

WHEREAS, the Board is specifically 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 Education Code Sections 15100 et seq.; and

WHEREAS, pursuant to Section 18 of Article XVI and Section 1 of Article XIII A of the California Constitution, and Section 15266 of the Education Code, school districts may seek approval of general obligation bonds and levy an ad valorem tax to repay those bonds upon a 55% vote of those voting on a proposition for the purpose, provided certain accountability measures are included in the proposition; and

WHEREAS, the Board deems it necessary and advisable to submit such a bond proposition to the electors to be approved by 55% of the votes cast; and

WHEREAS, such a bond election must be conducted concurrent with a statewide primary election, general election, or special election, or at a regularly scheduled local election, as required by Section 15266 of the Education Code; and

WHEREAS, on March 5, 2002, a statewide primary election is scheduled to occur throughout the District; and

WHEREAS, pursuant to Education Code Section 15270, based upon a projection of assessed property valuation, the Board has determined that, if approved by voters, the tax rate levied to meet the debt service requirements of the bonds proposed to be issued will not exceed $60 per year per $100,000 of assessed valuation of taxable property; 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 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, if the project to be funded by the bonds will require State matching funds for any phase, the sample ballot must contain a statement, in form prescribed by law, advising the voters of that fact, and the Board finds that completion of all or a portion of certain of the projects listed in Section 1 of this Resolution will require State matching funds not yet received by the District;

NOW, THEREFORE, be it resolved, determined and ordered by the Board of Trustees of the Eureka Unified School District as follows:

Section 1. Specifications of Election Order: Pursuant to Education Code Sections 5304, 5322, 15100 et seq., and 15266, a special election shall be held within the boundaries of the Eureka Unified School District on March 5, 2002, for the purpose of submitting to the registered voters of the District the following proposition:


This Proposition may be known and referred to as the "Eureka Middle and High Schools Improvement Bond of 2002" or as "Measure ____". [designation to be assigned by County Registrar of Voters]


Eureka City Schools is committed to offering a personalized education with a challenging curriculum. By providing the highest quality education possible, Eureka City Schools has enhanced the quality of life for the Eureka community.

Eureka City Schools' middle schools are more than 37 years old. The oldest school, Eureka Senior High School, has been serving children and the community for more than 75 years.

In order to maintain our schools as effective places for teaching and learning for the future, and to be able to retain and attract students and quality staff to our programs, major renovations and repair work is needed to bring each of our middle and high school campuses to current standards of safety, and to ensure that they will remain standing for future generations.

The Board of Trustees of Eureka City Schools has prepared a facilities plan and identified repair and rehabilitation needs that are more than the District is able to fund from currently available sources or annual revenues, and has proposed a financing plan that ensures that taxpayers living outside the elementary school attendance boundaries of the District are asked only to pay for improvements to middle schools, high schools and supporting facilities. Eureka City Schools has sought and continues to seek all available outside sources of funding for improving our school buildings, including local, state, and federal grants, and matching funds. The District has received State grant funds and has used these grants to complete critical projects, but outside money will not be sufficient to provide all of the District's facilities needs.

It is necessary to seek voter approval of a bond measure in order to provide the local funding share of identified middle school and high school facility repairs and modernization projects.


By approval of this proposition by at least 55% of the registered voters voting on the proposition, the Eureka Unified School District shall be authorized to issue and sell bonds of up to $32,515,000 in aggregate principal amount to provide financing for the specific school facilities projects listed in the Bond Project List attached hereto as Exhibit A, and in order to qualify to receive State matching grant funds, subject to all of the accountability safeguards specified below.


The provisions in this section are specifically included in this proposition in order that the voters and taxpayers of Eureka may be assured that their money will be spent wisely to address specific middle and high schools facilities needs of the Eureka Unified School District, all in compliance with the requirements of Article XIII A, 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 15264 and following).

Evaluation of Needs. The Board of Trustees has prepared an updated facilities plan in order to evaluate and address all of the middle and high schools facilities needs of the Eureka Unified School District at each 7 - 12 grade campus and facility, and to determine which projects to finance from a local bond at this time. The Board of Trustees hereby certifies that it has evaluated safety, class size reduction and information technology needs in developing the Bond Project List contained in Exhibit A.

Independent Citizens' Oversight Committee. The Board of Trustees shall establish an independent Citizens' Oversight Committee (pursuant to Education Code Section 15278 and following), to ensure bond proceeds are expended only for the school facilities projects listed in Exhibit A. The 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.

Annual 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 Exhibit A.

Annual 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 Exhibit A.

Special Bond Proceeds Account; Annual Report to Board. Upon approval of this proposition and the sale of any bonds approved, 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 Chief Business Official of the District shall cause a report to be filed with the Board no later than January 1 of each year, commencing January 1, 2003, 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 into the annual budget, audit, or other appropriate routine report to the Board.