Board of Trustees Resolution
BOARD OF TRUSTEES
SANTA CLARITA COMMUNITY COLLEGE DISTRICT
RESOLUTION OF THE BOARD OF TRUSTEES OF THE SANTA CLARITA COMMUNITY COLLEGE DISTRICT ORDERING AN ELECTION TO AUTHORIZE THE ISSUANCE OF COLLEGE BONDS, ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION WITH OTHER ELECTIONS OCCURRING ON NOVEMBER 6, 2001
RESOLUTION NO. 2001/02-03
WHEREAS, in the judgment of the Board of Trustees (the “Board”) of the Santa Clarita Community College District (the “District”), it is advisable to call an election to submit to the electors of the District the question whether bonds of the District shall be issued and sold for the purpose of raising money for the acquisition and improvement of real property and the furnishing and equipping of college facilities of the District; and
WHEREAS, as a result of the approval of Proposition 39 on November 7, 2000, Article XIIIA Section 1 paragraph (b) of the California Constitution (“Article XIIIA”) provides an exception to the limit on ad valorem property taxes on real property for bonded indebtedness incurred by a community college district approved by 55% of the voters of the district voting on the proposition; and
WHEREAS, the Board is specifically authorized, upon approval by a two-thirds vote of the Board, to pursue the authorization and issuance of bonds by a 55% vote of the electorate on the question whether bonds of the District shall be issued and sold for specified purposes, pursuant to Education Code Section 15264 et seq. (the “Act”); and
WHEREAS, pursuant to Section 10403 et seq. of 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 Tuesday, November 6, 2001, and to request the Los Angeles County Registrar of Voters to perform certain election services for the District;
NOW, THEREFORE, THE BOARD OF TRUSTEES OF THE SANTA CLARITA COMMUNITY COLLEGE DISTRICT DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section l. Call for Election. The Board hereby orders an election and submits to the electors of the District the question of whether general obligation bonds of the District shall be issued and sold in the maximum principal amount of $82,110,000 for the purpose of raising money to finance college facilities and property of the District, and paying costs incident thereto, as set forth more fully in the ballot proposition approved pursuant to Section 3. This Resolution constitutes the order of the District to call such election.
Section 2. Election Date. The date of the election shall be November 6, 2001, and the election shall be held solely within the boundaries of the District.
Section 3. Purpose of Election; Ballot Proposition. The purpose of the election shall be for the voters in the District to vote on a proposition, a full copy of which is attached hereto and marked Appendix A, containing the question of whether the District shall issue the Bonds for the purposes stated therein, together with the accountability requirements of Article XIIIA and the requirements of Section 15272 of the Act. As required by Elections Code Section 13247, the abbreviated form of the measure to appear on the ballot is attached hereto and marked as Appendix B. The Superintendent/President or her designee is hereby authorized and directed to make any changes to the text of the proposition as required to conform to any requirements of Article XIIIA, the Act or the Los Angeles County Registrar of Voters.
Section 4. Authority for Election. The authority for ordering the election is contained in Section 15264 et. seq. of the Education Code and Section l paragraph (b) subsection (3) of Article XIIIA. The authority for the specification of this election order is contained in Section 5322 of the Education Code.
Section 5. College Facilities Projects. As required by Article XIIIA, the Board hereby certifies that it has evaluated safety, class size and information technology needs in developing the list of college facilities projects set forth on Appendix A.
Section 6. Covenants of the Board upon Approval of the Bonds by the Electorate. As required by Article XIIIA and Section 15278 of the Act, in the event 55% of the voters in the District approve of the Bonds, the Board shall:
(1) conduct an annual, independent performance audit to ensure that the funds have been expended only on the specific college facilities projects listed in Appendix A;
(2) conduct an annual, independent financial audit of the proceeds from the sale of the Bonds until all of those proceeds have been expended for the college facilities projects listed in Appendix A; and
(3) establish and appoint members to an independent citizens’ oversight committee in accordance with Sections 15278, 15280 and 15282 of the Act.
Section 7. Delivery of this Resolution. The Clerk of the Board is hereby directed to send a copy of this Resolution to the Los Angeles County Superintendent of Colleges, the Los Angeles County Registrar of Voters (the “County Registrar”) and the Los Angeles County Clerk of the Board of Supervisors.
Section 8. Consolidation of Election. The County Registrar and the Los Angeles County Board of Supervisors are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on November 6, 2001, within the District.
Section 9. Ballot Arguments; Tax Rate Statement. Any and all members of this Board are hereby authorized to act as an author of any ballot argument prepared in connection with the election, including a rebuttal argument. The President of the Board, the Superintendent/President, the Assistant Superintendent/Vice President, Administrative Services, or any designee of the foregoing, are hereby authorized to execute any Tax Rate Statement or other document and to perform all acts necessary to place the bond measure on the ballot.
Section 10. Effective Date. This resolution shall take effect on and after its adoption.
I hereby certify that the foregoing Resolution was passed and adopted by the Board of Trustees of the Santa Clarita Community College District at a special meeting thereof duly held on July 24, 2001, by a majority vote of all of its members.
Adopted by the following votes:
Clerk of the Board
President of the Board