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Re: Text of Parcel Tax Wording

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  • c_cowens
    I have to wait till lunch at my work to type in my notes from the hearing. The next special really final meeting for the parcel tax will be December 1st. I
    Message 1 of 4 , Nov 25, 2003
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      I have to wait till lunch at my work to type in my notes from the
      hearing. The next special really final meeting for the parcel tax will
      be December 1st. I don't know the exact time (7 vs. 6:30). I'll find
      out as soon as I can.

      Charley

      --- In wccusdtalk@yahoogroups.com, Tammera Campbell
      <tammeracampbell@y...> wrote:
      > Charley,
      > When is the next meeting so I can tell people to attend. I have
      sent a copy to Mike Horowitz to get out to PVHS Email tree. Will get
      out to Pinole CARE today and several friends, but would like to
      provide meeting date and time. Pat Player said, Monday December 1 at
      LaVonya DeJean. Can you verify and provide exact time?
      > Thanks,
      > Tammy
      >
      > c_cowens <c_cowens@y...> wrote:
      > With permission of George Harris to post and repost, this is a text
      > version of the Word file of the wording for the proposed parcel tax.
      >
      > ====================
      >
      > WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT
      >
      > RESOLUTION
      > #____________
      >
      > RESOLUTION OF THE BOARD OF EDUCATION OF THE
      > WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT CALLING AN ELECTION,
      > ESTABLISHING SPECIFICATIONS OF THE ELECTION ORDER, AND REQUESTING
      > CONSOLIDATION WITH OTHER ELECTIONS
      > OCCURRING ON March 2, 2004
      >
      >
      > WHEREAS, the West Contra Costa Unified School District
      > ("District") is committed to offering a high-quality educational
      > program to all students in the District, and due to inadequate state
      > funding, increased local revenues are necessary to meet this goal; and
      >
      > WHEREAS, California Constitution, Article XIIIA, section 4 and
      > Government Code section 50075 et seq. authorize school districts, upon
      > approval of 2/3rds of the electorate, to levy qualified special taxes
      > on property in the District for the purposes of providing quality
      > educational programs in the District and other lawful purposes of the
      > District; 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, in the judgment of this Board, following public
      > hearing and comment, it is advisable to request that the Contra Costa
      > County Registrar of Voters call an election and submit to the voters
      > of the District the question 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 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 territory that is in part the same.
      >
      > NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
      >
      > Section 1. Resolution Constitutes Order of Election. That this
      > resolution shall constitute an order of election pursuant to Education
      > Code Section 5320 et seq.
      >
      > Section 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, March 2, 2004, for the purpose of voting
      > on a proposition, a copy of which is attached hereto and marked
      > Exhibit A, containing the question of whether the District shall
      > impose a parcel tax for the purposes stated therein. In addition, the
      > full text of the ballot proposition (the "Full Ballot Text") attached
      > hereto and marked Exhibit B shall appear in the ballot pamphlet. The
      > ________ Tax shall be a tax of 6.8 cents per square foot of buildings
      > and other improvements on each parcel of taxable real property within
      > the District or a tax of $6.80 per unimproved parcel of taxable real
      > property. The District shall provide the Contra Costa County
      > Treasurer-Tax Collector a report indicating the parcel number and
      > amount of tax for each parcel of taxable real property. The number of
      > square feet of improvements on improved real property shall be
      > obtained from the Contra Costa County Tax Assessor. If that
      > information is missing from the tax assessor's records, the number of
      > square feet of improvements shall be based upon the records of the
      > building department for the applicable jurisdiction. The ________Tax
      > shall be collected by the Contra Costa County Treasurer-Tax Collector
      > at the same time, in the same manner, and subject to the same
      > penalties as ad valorem property taxes collected by the Treasurer-Tax
      > Collector. Unpaid taxes shall bear interest at the same rate as the
      > rate for unpaid ad valorem property taxes until paid. The collection
      > of the ____ Tax shall not decrease the funds available from other
      > sources of the District in any period from the effective date hereof.
      >
      > "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 Contra Costa County Treasurer-Tax
      > Collector's Office. All property that is otherwise exempt from or on
      > which are levied no ad valorem property taxes in any year shall also
      > be exempt from the _______ Tax in such year. Parcels owned and
      > occupied by eligible persons 65 years of age or older who apply to the
      > District pursuant to an administrative review process are exempt from
      > the _______ Tax.
      >
      > The District shall annually provide a list of parcels that the
      > District has approved for a Senior Citizen Exemption from the
      > _________Tax as described above to the Contra Costa County tax
      > collection officials. The Contra Costa County Tax Assessor's
      > determination of exemption or relief of any parcel from taxation for
      > any reason other than the Senior Citizen Exemption shall be final and
      > binding for the purposes of the ____ Tax. Taxpayers wishing to
      > challenge the County Assessor's determination must do so under the
      > procedures for correcting a misclassification of property pursuant to
      > Section 4876.5 of the California Revenue and Taxation Code or other
      > applicable procedures. Taxpayers seeking a refund of ______Taxes paid
      > shall follow the procedures applicable to property tax refunds
      > pursuant to the California Revenue and Taxation Code.
      >
      > Section 3. Authority for Ordering Election. That 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.
      >
      > Section 4. Authority for Specifications. That the authority
      for the
      > specification of this election order is contained in Section 5322 of
      > the Education Code.
      >
      > Section 5. Resolution to County Registrar and Clerk and County
      > Superintendent of Schools. That the Clerk of the Board is hereby
      > directed to cause certified copies of this Resolution and Order to be
      > delivered not later than December 2, 2003, to the Contra Costa County
      > Superintendent of Schools and not later than December 5, 2003, to the
      > Contra Costa County Registrar of Voters (the "County Registrar"), as
      > the officer conducting the election, and to the Contra Costa County
      > Clerk of the Board of Supervisors (the "County Clerk").
      >
      > Section 6. Formal Notice. That the Contra Costa County
      Superintendent
      > of Schools is hereby requested to prepare and execute a Formal Notice
      > of Parcel Tax Election and consolidation order in substantially the
      > form attached hereto as Exhibit C (the "Formal Notice"), and to call
      > the election by causing the Formal Notice to be posted in accordance
      > with Section 5362 of the Education Code no later than December 3,
      > 2003, or to otherwise cause the notice to be published as permitted by
      > law. The Clerk of the Board, on behalf of and as may be requested by
      > the County Superintendent of Schools, is authorized to cause all
      > notices required by law in connection herewith to be published and
      > posted, as the case may be.
      >
      > Section 7. Full Ballot Text. That the Board hereby determines to
      > include within the ballot pamphlet the Full Ballot Text attached
      > hereto as Exhibit B, which is hereby approved and adopted by the Board.
      >
      > Section 8. Conduct of Election. (a) Request to Registrar of
      Voters.
      > Pursuant to Section 5303 of the Education Code, the Registrar of
      > Voters is requested to take all steps to hold the election in
      > accordance with law and these specifications.
      >
      > (b) Voter Pamphlet. That the Registrar of Voters is hereby
      requested
      > to reprint the measure in its entirety (the Full Ballot Text located
      > in 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 of the measure will not be reprinted in the voter
      > information pamphlet in its entirety, the Registrar of Voters 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:
      >
      > The above statement is an impartial analysis of Measure G. If you
      > desire a copy of the measure, please call the Contra Costa County
      > Registrar of Voters at (phone number) and a copy will be mailed at no
      > cost to you.
      >
      > (c) Consolidation. That the County Registrar and the Contra Costa
      > County Board of Supervisors are hereby requested to consolidate the
      > election ordered hereby with any and all other elections to be held on
      > March 2, 2004, within the District.
      >
      > (d) Canvass of Results. That the Board of the Supervisors of the
      > County is authorized to canvass the returns of the election pursuant
      > to Section 10411 of the Elections Code.
      >
      > Section 9. Appropriations Limit. That the Board of Education
      shall
      > provide in each year (pursuant to Section 7902.1 of the Government
      > Code or any successor provision of law) for any increase in the
      > District's appropriations limit as shall be necessary to ensure that
      > proceeds of the ________ Tax may be spent for the authorized purposes.
      >
      > Section 10. Ballot Arguments. That the President of this Board
      and/or
      > his designees are hereby authorized to prepare and file with the
      > Registrar of Voters a ballot argument in favor of the proposition
      > contained in Exhibit A hereto, or act as an author of any ballot
      > argument prepared in connection with the election, including a
      > rebuttal argument, each within the time established by the Registrar
      > of Voters, which shall be considered the official ballot arguments of
      > this Board as sponsor of the proposition.
      >
      > Section 11. Official Actions. That the Superintendent,
      President of
      > the Board, or their designees are hereby authorized to execute any
      > other document and to perform all acts necessary to place the tax
      > measure on the ballot including making alterations in the ballot
      > language stated in Exhibits A and B hereto to comply with requirements
      > of law and election officials.
      >
      > Section 12. Effective Date. That this resolution shall take effect
      > from and after its adoption.
      >
      > ADOPTED, SIGNED and APPROVED by the Board of Education of the West
      > Contra Costa Unified School District on the ____ day of ___________,
      > 2003, by the following vote:
      >
      > AYES:
      >
      > NOES:
      >
      > ABSTENTIONS:
      >
      > ___________________________________
      > President of the Governing Board
      of the
      > West Contra Costa Unified School
      District
      >
      > Attested to:
      >
      > _______________________________
      > Clerk of the Governing Board of the
      > West Contra Costa Unified School District
      >
      >
      >
      > EXHIBIT A
      >
      > ABBREVIATED TEXT OF MEASURE G
      >
      > To maintain reduced class sizes; purchase textbooks and teaching
      > materials; attract and retain qualified teachers, aides and
      > counselors; enhance core subjects including reading, writing, math and
      > science, and improve custodial services, shall West Contra Costa
      > Unified School District be authorized to levy, for 5 years only
      > beginning July 1, 2004, an annual tax of 6.8¢ per square foot of real
      > property improvements or $6.80 per vacant parcel, with an exemption
      > for eligible owners aged 65 or older?
      >
      > EXHIBIT B
      >
      > FULL BALLOT TEXT
      >
      > The following is the full ballot text of the proposition to be
      > presented to the voters by the West Contra Costa Unified School
      > District in the ballot pamphlet:
      >
      > To maintain reduced class sizes; purchase textbooks and teaching
      > materials; attract and retain qualified teachers, aides and
      > counselors; enhance core subjects including reading, writing, math and
      > science, and improve custodial services, shall West Contra Costa
      > Unified School District be authorized to levy, for 5 years only
      > beginning July 1, 2004, an annual tax of 6.8¢ per square foot of real
      > property improvements or $6.80 per vacant parcel, with an exemption
      > for eligible owners aged 65 or older?
      >
      > The purpose of the special tax is to improve the quality of
      education
      > in the District by supporting the following programs:
      >
      > * Maintaining reduced class sizes for kindergarten through third grade,
      >
      > * Purchasing textbooks and teaching materials,
      >
      > * Attracting and retaining qualified teachers, aides and counselors,
      >
      > * Enhancing core subjects including reading, writing, mathematics and
      > science, and
      >
      > * Improving custodial service to keep bathrooms and other facilities
      > clean and in good condition.
      >
      > An exemption may be granted annually on any single family
      > residential parcel or multi-family dwelling unit owned by one or more
      > persons 65 years of age or older who occupies said parcel or unit as a
      > principal residence, upon annual application to the District for
      > exemption.
      >
      > Pursuant to California Constitution article XIIIB and
      > applicable laws, the appropriations limit for the District will be
      > adjusted periodically by the aggregate sum collected by levy of this
      > special tax.
      >
      > Accountability
      >
      > The proceeds of the special tax shall be applied only for the
      > specific purposes identified above. The proceeds of the special tax
      > shall be deposited into an account, which shall be kept separate and
      > apart from other accounts of the District. No later than January 1 of
      > each year while the tax is in effect, commencing January 1, 2005, the
      > chief fiscal officer of the District shall prepare and file with the
      > Board of Education a report detailing the amount of funds collected
      > and expended, and the status of any project or description of any
      > programs authorized to be funded by this measure.
      >
      > Basis of Tax
      >
      > The ________ Tax shall be an annual tax of 6.8 cents per
      > square foot of buildings and other improvements on each parcel of
      > taxable real property within the District or a tax of $6.80 per
      > unimproved parcel of taxable real property.
      >
      > Definition of Parcel of Taxable Real Property
      >
      > "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 Contra Costa County Treasurer-Tax
      > Collector's Office. All property that is otherwise exempt from or on
      > which are levied no ad valorem property taxes in any year shall also
      > be exempt from the _______ Tax in such year. Parcels owned and
      > occupied by persons 65 years of age or older are exempt from the
      > _______ Tax as described above.
      >
      > Severability
      >
      > The Board of Education hereby declares, and the voters by
      approving
      > this measure concur, that every section and part of this measure has
      > independent value, and the Board of Education and the voters would
      > have adopted each provision hereof regardless of every other provision
      > hereof. Upon approval of this measure by the voters, should any part
      > be found by a court of competent jurisdiction to be invalid for any
      > reason, all remaining parts hereof shall remain in full force and
      > effect to the fullest extent allowed by law.
      >
      >
      > EXHIBIT C
      >
      > FORM OF
      >
      > FORMAL NOTICE OF PARCEL TAX ELECTION
      >
      > NOTICE IS HEREBY GIVEN to the qualified electors of the West
      Contra
      > Costa Unified School District of Contra Costa County, California, that
      > in accordance with the provisions of the Education Code and the
      > Government Code of the State of California, an election will be held
      > on March 2, 2004, for the purpose of submitting to the qualified
      > electors of the District the proposition summarized as follows:
      >
      > To maintain reduced class sizes; purchase textbooks and teaching
      > materials; attract and retain qualified teachers, aides and
      > counselors; enhance core subjects including reading, writing, math and
      > science, and improve custodial services, shall West Contra Costa
      > Unified School District be authorized to levy, for 5 years only
      > beginning July 1, 2004, an annual tax of 6.8¢ per square foot of real
      > property improvements or $6.80 per vacant parcel, with an exemption
      > for eligible owners aged 65 or older?
      >
      > By execution of this formal Notice of Election the County
      > Superintendent of Schools of Contra Costa County orders consolidation
      > of the election with such other elections as may be held on the same
      > day in the same territory or in territory that is in part the same.
      >
      > The County Superintendent of Schools of Contra Costa County,
      by this
      > Notice of Election, has called the election pursuant to a Resolution
      > and Order of the Board of Education of the West Contra Costa Unified
      > School District adopted November 24, 2003, in accordance with the
      > provisions of Education Code Sections 5302, 5325 and 5361.
      >
      > IN WITNESS WHEREOF, I have hereunto set my hand this day, December
      > ___, 2003.
      >
      > ___________________________
      > County Superintendent of
      Schools
      > Contra Costa County,
      California
      >
      >
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