DAVIS JOINT UNIFIED SCHOOL DISTRICT

 RESOLUTION NO.  02-09

 RESOLUTION OF THE GOVERNING BOARD OF THE

DAVIS JOINT UNIFIED SCHOOL DISTRICT CALLING AN ELECTION, ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER, AND REQUESTING CONSOLIDATION WITH OTHER ELECTIONS

OCCURRING ON NOVEMBER 4, 2008

WHEREAS, the Davis Joint Unified School District (“District”) is committed to offering a high-quality educational program to all students within the District and securing adequate funding to meet that purpose; and

WHEREAS, due to ongoing and inadequate state funding, increased local revenues are necessary to meet this goal; and

WHEREAS, an adequately funded and well-developed public education program provides numerous benefits and advantages to all of the residents of the community; and

WHEREAS, Section 4 of Article XIIIA and Section 2 of Article XIIIC of the California Constitution and sections 50075, 50076, 50077, 50079 and 53722 et seq. of the California Government Code authorize a school district, upon approval of two-thirds (2/3) of the electorate voting on the measure, to levy a qualified special tax for specified purposes following notice and a public hearing; and

WHEREAS, in the judgment of this Governing Board (“Board”), following public hearings and comment, it is advisable to request that the Yolo County Clerk-Recorder and the Solano County Registrar of Voters (“County Registrar”) call an election and submit to the voters of the District the question of whether the District shall levy a special tax within the District for the purpose of raising additional revenue for the District; and

WHEREAS, pursuant to Education Code section 5303, with respect to school districts, such as the District, which are situated in two or more counties, the county elections officials in the counties in which any part of the district territory is situated, shall, by mutual agreement, provide for the performance of those duties; and

WHEREAS, pursuant to Education Code section 5342 and Elections Code sections 10400, 10402 and 10403 such election may be completely or partially consolidated with any other election held on the same day and in the same territory or portion of territory that is the same.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1.  Resolution Constitutes Order of Election.  This resolution shall constitute an order of election pursuant to Education Code section 5320 et seq.  The County Registrars of Yolo and Solano Counties are hereby requested to determine which County Registrar shall conduct the election on behalf of the District in accordance with Education Code section 5303.

2.  Date and Purpose of Measure.  Pursuant to Section 4 of Article XIIIA of the California Constitution and Government Code section 50077, a special election shall be held within the boundaries of the District on Tuesday, November 4, 2008, for the purpose of voting on a measure ("Measure") which will be presented to voters in substantially the form attached hereto as Exhibit A, containing the question of whether the District shall impose a special tax for the educational purposes stated therein.  In addition, the full text of the Measure ("Full Ballot Text") shall appear in the ballot pamphlet in substantially the form attached hereto as Exhibit B.

3. Amount of Tax.  The qualified special tax shall be in the amounts and manner set forth in Exhibit B attached hereto.

4.  Senior Exemption From Special Tax.  An exemption from payment of the special tax may be granted on any parcel owned by one or more persons 65 years of age or over who occupies parcel as a principal residence, upon application for exemption ("Senior Citizen Exemption").  Applications for such exemptions must be made during the period from May 15 through June 15 (or the next regular business day thereafter) of each year the parcel tax is levied in accordance with the process established by the District and as described in the attached Ballot Measure (Exhibit B hereto).  The District shall annually provide to the County Treasurer-Tax Collector or other appropriate County tax official a list of parcels that the District has approved for a Senior Citizen Exemption.

5.  Collection of the Tax.  The special tax shall be collected by the County Tax Collectors of the Counties of Solano and Yolo ("County Tax Collectors"), as applicable based on parcel location, at the same time, in the same manner, and subject to the same penalties as ad valorem property taxes collected by the County Tax Collectors.  Unpaid special taxes shall bear interest at the same rate as the rate for unpaid ad valorem property taxes until paid.

 
The special tax shall be levied on all parcels of taxable real property in the District.  The District shall hold a public hearing concerning imposition of the tax each year during which the tax is in effect.  "Parcel of Taxable Real Property" shall be defined as any unit of real property in the District that receives a separate tax bill for ad valorem property taxes from the County Tax Collector's Office.  All property that is otherwise exempt from or upon which ad valorem property taxes are not levied in any year shall also be exempt from the special tax in such year.  With respect to all general property tax matters within its jurisdiction, the County Tax Collector shall make all final determinations of tax exemption or relief for any reason, and that decision shall be final and binding.  With respect to matters specific to the levy of the special tax, including the classification of property for purposes of calculating the tax, the decisions of a District administrative review panel shall be final and binding.

6.  Authority for Ordering Election.  The authority for ordering the election is contained in section 50075 et seq. of the Government Code and Section 4 of Article XIIIA of the California Constitution.

7. Authority for Specifications.  The authority for the specification of this election order is contained in section 5322 of the Education Code.

8.  Resolution to County Registrar and County Board.  The Clerk of the Governing Board is hereby directed to immediately send a copy of this Resolution to the County Registrars, as the officers conducting the election, the Yolo County Superintendent of Schools and Solano County Superintendent of Schools ("County Superintendents"), and to the Yolo County Clerk of the Board of Supervisors and Solano County Clerk of the Board of Supervisors ("County Board").    The Board requests that the County Superintendents deliver a copy of all published notices to the Clerk of this Board.

9. Formal Notice. The County Superintendents are hereby requested to prepare and execute a formal Notice of Parcel Tax Election and Consolidation ("Notice") and to call the election by causing the Notice to be posted in accordance with section 5362 of the Education Code no later than August 6, 2008, or otherwise cause the Notice to be published as permitted by law.

10.  Conduct of Election.

(a) Request to County Registrar.  Pursuant to section 5303 of the Education Code, the County Registrar is requested to take all steps to hold the election in accordance with law and these specifications, including the determination of whether Solano County or Yolo County Registrars will act as the elections official.  The Board requests that the Registrar of Voters deliver a copy of all published notices to the Clerk of this Board pursuant to section 12113 of the Elections Code.

(b) Voter Pamphlet.  The County Registrar is hereby requested to reprint the Full Ballot Text in substantially the form attached hereto as Exhibit B in the voter information pamphlet to be distributed to voters pursuant to section 13307 of the Elections Code.  In the event the Full Ballot Text will not be reprinted in the voter information pamphlet in its entirety, the County Registrar is hereby requested to print, immediately below the impartial analysis of the Measure, in no less than 10-point boldface type, a legend substantially as follows:

(c) Consolidation.  Pursuant to Education Code section 5342 and Elections Code section 10402.5, the County Registrars and the County Boards are hereby requested to consolidate the election ordered hereby with any and all other elections to be held on November 4, 2008, within the District.

(d)  Cost of Election.    The Davis Joint Unified School District agrees to reimburse the Counties of Yolo and Solano for the cost of such election.

(e) Canvass of Results.  The County Boards are authorized to canvass the returns of the election pursuant to section 10411 of the Elections Code.

11.  Appropriations Limit.  The Board shall provide in each year for an increase in the District’s appropriations limit as shall be necessary to ensure that the proceeds of the special tax may be spent for its authorized purposes.

12.  Full Ballot Text.  The Board hereby determines to include within the ballot pamphlet the Full Ballot Text in substantially the form attached hereto as Exhibit B, which is hereby approved and adopted by the Board, and the County Registrar is hereby directed to include the Full Ballot Text in the ballot pamphlet.

 
13.  Ballot Arguments.  The President of the Board and/or his designees are hereby authorized to prepare and file with the County Registrar any ballot argument prepared in connection with the election, including a rebuttal argument, each within the time established by the County Registrar, which shall be considered the official ballot arguments of the Governing Board as sponsor of the Measure.

14. Official Actions.  The District Superintendent, President of the Board, or their designees, are hereby authorized and directed to execute any other document and to perform all acts necessary to place the Measure on the ballot, including making any changes to the text of the measure described in this Resolution, or to the abbreviated form of the measure, or to the text of this Resolution, as may be convenient or necessary to comply with the intent of this Resolution, the requirements of elections officials, and requirements of law.

15.  Accountability Measures.  The members of the Board, the Superintendent of the District, and officers of the District are hereby requested and directed, individually and collectively, to provide accountability measures pursuant to Government Code section 50075.1 that include, but are not limited to, all of the following:  (a) A statement indicating the specific purposes of the qualified special tax, (b) a requirement that the proceeds be applied only to the specific purposes identified pursuant to subsection (a), (c) the creation of an account into which the proceeds shall be deposited, and (d) an annual report pursuant to section 50075.3. of the Government Code, as provided in Section 16 below.

16.  Annual Report.  Pursuant to section 50075.3 of the Government Code, the Board directs that the chief fiscal officer of the District file a report with the Board no later than January 1, 2009, and at least once a year thereafter. The annual report shall contain both of the following:  (a) The amount of funds collected and expended, and (b) the status of any project required or authorized to be funded by the special tax.

 
ADOPTED, SIGNED and APPROVED by the Governing Board of the Davis Joint Unified School District on the 9^th day of July 2008, by the following vote:

__________________________________
President of the Governing Board of the
Davis Joint Unified School District

I, _____________________________, do hereby certify that the foregoing is a true and correct copy of Resolution No. [99-08], which was duly adopted by the Board of Education of the Davis Joint Unified School District at meeting thereof held on July 9^th, 2008, and that it was so adopted by the following vote:

Secretary of the Board of Education
Or Governing Board Designee