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San Joaquin County, CA March 5, 2002 Election
Measure O
School Bond
Linden Unified School District

1,574 / 54.7% Yes votes ...... 1,303 / 45.3% No votes

See Also: Index of all Measures

Information shown below: Impartial Analysis | Arguments | Tax Rate Statement | Full Text

To make essential health, safety and building repairs at aging school facilities, increase energy efficiency, relieve severe overcrowding by acquiring, constructing or renovating school sites, and qualify for state construction matching funds, shall Linden Unified School District be authorized to issue bonds not exceeding Eleven Million Five Hundred Thousand Dollars at the lowest interest rates possible, establish a Community Oversight Committee, and conduct annual audits to ensure funds are only spent on school construction projects?

Impartial Analysis from County Counsel
This measure, if approved by fifty-five percent (55%) of the voters voting thereon, would authorize the sale of general obligation bonds of the Linden Unified School District (the "District") in the amount of eleven million five hundred thousand dollars ($11,500,000).

The proceeds of the bonds would be used for the purposes of constructing new schools, adding structures to certain existing schools, replacing certain existing school buildings, upgrading certain classrooms, meeting mandated safety requirements, and acquiring, constructing, renovating, and equipping school facilities and grounds throughout the District.

At the discretion of the Board of Trustees of the District, all or any part of the bonds could be sold. The final maturity date of any series of bonds could be no later than 25 years after the date of the series. The interest rate that the bonds would bear could not exceed the statutory limit per annum. Principal and interest on the bonds would be paid by revenue derived from an annual tax levied upon the taxable property within the District.

If Measure O passes, the District is required to establish a Community Oversight Committee. The District shall also annually cause to be prepared financial and performance audits related to the expenditure of the bond proceeds to ensure funds have only been expended on the specific projects listed.

The procedures followed for the proposed issuance of these general obligation bonds, including the election process for electorate approval thereof, are as specified in the Education Code and the Elections Code of the State of California.

The conduct of this general obligation bond election and the issuance of the bonds will be in conformance with existing laws of the State of California and will not otherwise affect existing law.

This analysis is submitted by the Office of the County Counsel of San Joaquin County, pursuant to the requirements of section 9500 of the Elections Code of the State of California.

EDUCATION CODE
SECTION 15122.5

Approval of Measure O does not guarantee that the proposed project or projects in the Linden Unified School District that are the subject of bonds under Measure O will be funded beyond the local revenues generated by Measure O. The school district's proposal for the project or projects may assume the receipt of matching state funds, which could be subject to appropriation by the Legislature or approval of a statewide bond measure.

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Arguments For Measure O Arguments Against Measure O
As your friends and neighbors we encourage you to vote "YES" on MEASURE O.

MEASURE O provides up to $11.5 million from general obligation bonds to improve and modernize our schools.

MEASURE O will give Linden Unified School District the ability to receive additional State matching funds for building projects.

A Community Oversight Committee has been established to ensure that the bond funds are spent only for the specific purposes and projects identified. By law, no bond funds may be spent on salaries.

YOUR YES VOTE ON MEASURE O WILL:

  • Build or enlarge multi-purpose rooms to relieve overcrowding

  • Improve parking and address safety issues at all sites

  • Construct a multi-purpose/ cafeteria/ library/ auditorium/ student services complex at Linden High School

  • Maintain reduced class size

  • Improve and modernize classrooms and necessary facilities at all schools

  • Upgrade library facilities at all sites.

  • Provide classroom access to technology

MEASURE O is based on assessed value---not current market value. During the bonding period the average cost is less than $5.00 per month per $100,000 assessed value.

For our children and for our community, join parents, teachers, community members and your neighbors in voting YES on MEASURE O.

Our children are our future.

Submitted by:

/s/ Fred Podesta III, Board Member
/s/ Monica Harman, Board Member
/s/ Clay Titus, Builder, Co-Chair
/s/ Janice Colombini, Co-Chair
/s/ Annette Vana, Co-Chair

Rebuttal to Arguments For
Bond promoters fail to mention that property taxes on homes will increase if only 55% of those casting ballots approve.

For more than 100 years the California Constitution protected homeowners from property tax increases to pay for bonds unless there was a 2/3rds vote. The 2/3rds vote is important because those who do not own homes and will pay none of the tax increase can vote to impose higher property taxes on those who do own homes. Although Homeowners continue to need the 2/3rds vote protection, in 2000 a group of billionaires decided it should be easier to increase property taxes on the average homeowner. The billionaires spent over $30,000,000 on a highly deceptive campaign to end this protection. They claimed their Proposition 39 would "strengthen" Proposition 13! Can you imagine? They claimed that eliminating the 2/3rds vote protection for homeowners would actually "strengthen" Prop. 13!

The Howard Jarvis Taxpayers Association fought back fiercely, funded by small donations from average homeowners. Unfortunately for the average homeowner, the billionaires narrowly defeated us.

However, local governing boards still have the option of requiring a two-thirds vote, instead of 55%, when they ask for a property tax increase on your home. Several school boards in other jurisdictions have decided to leave the 2/3rds vote homeowner protection in place. The Howard Jarvis Taxpayers Association is not opposing these bonds. We believe you should vote NO until your school board gives you the 2/3rds vote protection for your home.

Submitted by:

/s/ Jon Coupal, President,Howard Jarvis Taxpayers Association

This measure is a Proposition 39 Tax Increase. The Howard Jarvis Taxpayers Association opposes all Proposition 39 Property Tax Increases. For more than 100 years the California constitution required a two-thirds vote of the people to increase your property taxes. That was changed to 55% for certain property tax increases with a $30,000,000 highly deceptive campaign financed by billionaires whose companies pay little or no property taxes. The Howard Jarvis Taxpayers Association, by far the largest and most successful organization of ordinary taxpayers in California, fiercely opposed proposition 39. Leading a campaign funded by average homeowners, we fought back. Outspent 10 # 1, we lost in a very close vote. Your local School Board could have put a normal bond proposal on the ballot, which would have required a two-thirds vote. Other school districts with elections on the same day chose a normal bond. The Howard Jarvis Taxpayers Association is not opposing any of them. But your School Board chose to try to impose a Proposition 39 Property Tax Increase upon you. If just 55% vote yes it will result in nearly $23 million in new property taxes in your school district, including interest, fees and charges. The Howard Jarvis Taxpayers Association strongly recommends that you vote "No" on this property tax increase.

Submitted by:

/s/ Jon Coupal, President,Howard Jarvis Taxpayers Association

Rebuttal to Arguments Against
The majority of voters in California voted FOR THE EDUCATION OF OUR CHILDREN with their YES vote for Proposition 39 in the general election held November 2000. Passage of Prop 39 brought California more in line with the majority of states that do not require 2/3rds majority vote. Proposition 39 gave schools the ability to pass general obligation bonds with a 55% majority vote, and it also established safeguards to assure your tax dollars are used as intended, a Community Oversight Committee, and an annual audit, for example. Proposition 39 also set a maximum tax ceiling of $60 per $100,000 of assessed value. None of these safeguards exist under the 2/3 majority vote rule, especially the maximum tax limits.

Passage of Measure O will qualify LUSD to receive state matching funds for modernization of Linden Elementary. If Measure O fails, the state funds will go to other school districts.

Members of Linden's Community Oversight Committee include senior citizens, parents, accountants, builders, farmers and financiers. These people, your friends and neighbors, will carefully moniter all spending of bond funds. Your tax dollars will be spent wisely.

The needs addressed in this bond measure are real, urgent, and directly impact our children. The bond measure will protect Linden's educational programs from reductions.

Please support our children, they are our future.

Submitted by:

Citizens Helping Improve Linden District (CHILD)

/s/ John R. Sanguenetti
/s/ Annette M. Vana
/s/ Monica Harman
/s/ Kenneth S. Vogel
/s/ Janice Colombini

Tax Rate Statement from Ronald Estes, Ed.D., Superintendent, Linden Unified School District
An election will be held in the Linden Unified School District (the "District") on March 5, 2002, to authorize the sale of up to $11,500,000 in bonds of the District to finance school facilities as described in the proposition. If the bonds are approved, the District expects to sell the bonds in series over time. Principal and interest on the bonds will be payable from the proceeds of tax levies made upon the taxable property in the District. The following information is provided in compliance with Sections 9400-9404 of the Elections Code of the State of California.

1. The best estimate of the tax rate which would be required to be levied to fund this bond issue during the first fiscal year after the sale of the first series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is $0.02494 per $100 ($24.94 per $100,000) of assessed valuation in fiscal year 2002-03.

2. The best estimate of the tax rate which would be required to be levied to fund this bond issue during the first fiscal year after the sale of the last series of bonds, based on estimated assessed valuations available at the time of filing of this statement, is $0.05947 per $100 ($59.47 per $100,000) of assessed valuation in fiscal year 2007-08.

3. The best estimate of the highest tax rate which would be required to be levied to fund this bond issue, based on estimated assessed valuations available at the time of filing of this statement, is $0.05998 per $100 ($59.98 per $100,000) of assessed valuation in fiscal year 2013-14.

Voters should note that these estimated tax rates are based on the assessed value of taxable property in the District as shown on the County's official tax rolls, NOT on the property's market value. In addition, taxpayers eligible for a property tax exemption, such as the homeowner's exemption, will be taxed at a lower effective tax rate than described above. Certain taxpayers may also be eligible to postpone the payment of taxes. Property owners should consult their own property tax bills and tax advisors to determine their property's assessed value and any applicable tax exemptions.

The actual tax rates and the years in which they will apply may vary from those presently estimated, due to variations from these estimates in the timing of bond sales, the amount of bonds sold and market interest rates at the time of each sale, and actual assessed valuations over the term of repayment of the bonds. The estimates are based upon the District's projections and are not binding upon the District. The dates of sale and the amount of bonds sold at any given time will be determined by the District based on need for construction funds and other factors. The actual interest rates at which the bonds will be sold will depend on the bond market at the time of each sale. Actual future assessed valuation will depend upon the amount and value of taxable property within the District as determined by the County Assessor in the annual assessment and the equalization process.

Dated: December 6, 2001

/s/ Ronald Estes, Ed.D.,Superintendent,Linden Unified School District

Full Text of Measure O
Upon the passage of Measure O, the Linden Unified School District shall be authorized to issue bonds not to exceed $11,500,000, the rate of interest thereon not to exceed the maximum rate allowable by law, for the purposes of constructing new schools, adding structures to certain existing schools, replacing certain existing school buildings, upgrading certain classrooms, meeting mandated safety requirements, and acquiring, constructing, renovating, and equipping school facilities and grounds. The bond proceeds shall only be used for construction, reconstruction, rehabilitation, replacement, furnishing, or equipping school facilities and grounds and not for teacher and administrator salaries, other school operating expenses, or any other purpose. To the extent possible, the bond proceeds shall be used on the following list of school facility projects:

Specific List of Facilities to be Funded:

Linden Elementary, Modernization matching funds for State Grant

Linden Elementary, Parking lot improvements, including new student loading zone.

Linden Elementary, Improve access to Educational Technology/wiring/hardware

Linden Elementary, Expand library, computer lab

Linden Elementary, Renovate and replace aging classrooms, including furnishings

Linden Elementary, Improve, increase campus infrastructure for safety: landscaping, walkways, lighting, playground asphalt

Linden Elementary, Expand Multipurpose Room, with restrooms.

Waterloo Elementary, Construct Multiuse/ cafeteria/ auditorium with student restrooms.

Waterloo Elementary, Improve, increase campus infrastructure for safety: landscaping, walkways, lighting, playground asphalt

Waterloo Elementary, Parking lot expansion and improved student loading zone.

Waterloo Elementary, Renovate and replace aging classrooms including furnishings and storage buildings.

Waterloo Elementary, Expand library, computer lab

Waterloo Elementary, Expand and update Educational Technology hardware

Glenwood Elementary, Expand Multipurpose room, with teachers' work room and restrooms

Glenwood Elementary, Improve/increase campus infrastructure for safety: walkways, lighting, landscaping, playground asphalt

Glenwood Elementary, Expand and update Educational Technology hardware

Glenwood Elementary, Expand library, computer lab.

Glenwood Elementary, Renovate and replace aging classrooms, including furnishings

Waverly Elementary, Expand library, computer lab, add classrooms, student restrooms

Waverly Elementary, Replace heating/air conditioning system

Waverly Elementary, Improve/increase campus infrastructure for safety: walkways, landscaping, lighting, playground asphalt, parking expansion.

Waverly Elementary, Expand and update Educational Technology hardware

Waverly Elementary, Renovate and replace aging classrooms, including furnishings

Linden High School, Renovate and replace aging classrooms, including furnishings

Linden High School, Construct Multipurpose-cafeteria-library-auditorium-student services center complex to provide indoor student seating for lunches and improved meal production facilities, expanded library capacity, replace student services offices and provide a stage for fine arts productions including furnishings

Linden High School, Improve/increase campus infrastructure for safety: walkways, lighting, landscaping, parking lot improvements and expansion

Linden High School, Expand and update Educational Technology hardware

Site to be Determined, Provide matching funds for the possible acquisition of property and the construction of a new school.

Approval of the District's bond measure does not guarantee that the projects that are the subject of the measure will be funded beyond the local revenues generated by the bond measure. The District's proposed projects may assume the receipt of state funds, which could be subject to appropriation by the Legislature of approved at a statewide bond measure.

Additionally, the Linden Unified School District shall establish a Community Oversight Committee (the "Committee") and will appoint the members of the Committee to be made up of a minimum of seven members comprised of at least the following: one member shall be active in a business organization representing the business community located within the District, one member shall be actively engaged in agribusiness, one member shall be active in a senior citizens' organization, one member shall be the parent or guardian of a child enrolled in the District, one member shall be both a parent or guardian of a child enrolled in the District and active in a parent-teacher organization. The District shall also annually cause to be prepared financial and performance audits related to the expenditure of the bond proceeds to ensure funds have only been expended on the specific projects listed.


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Created: April 19, 2002 10:59 PDT
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