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11
ra; Resolution No. 17-050
RESOLUTION AUTHORIZING;THE CHICO UNIFIED SCHOOL DISTRICT TO ISSUE AND SELL BONDS ON ITS OWN
BEHALF WITHOUT FURTHER ACTION OF THE BUTTE COUNTY BOARD OF SUPERVISORS OR OFFICERS OF THIE
COUNTY OF BUTTE
WHEREAS, a duly called municipal election was held in the Chico Unified School District (District), Butte
County (County), State of California, on November F, 2016 (Election) and thereafter canvassed pursuant to Ilaw; and
WHEREAS, at the Election there was submitted to and approved by the requisite fifty-five percent or more
vote of the qualified electors of the District a question as to the 'issuance and sale of,general obligation bonds of the
District for the various purposes set forth in the ballot submitted to the voters, in the maximum amount not-to-
exceed$152,000,000, payable from the levy of an ad valorem property tax against the taxable property in the District
(Authorization); and
WHEREAS, at this time the Board of Supervisors of Butte County, (Board) has received a copy of a signed
resolution (District Resolution) adopted by the Board of Education of the District (District Board) on March 22, 2017,
authorizing the issuance of two series of bonds under the Authorization, to be styled as (i) "Chico Unified School
District General Obligation Bonds, Election of 2016, Series A-1” (Series A-1 Bonds) in an aggregate principal amount
not exceeding $20,000,000, and (ii) "Chico Unified School District General Obligation Bonds, Election of 2016, Series
A-2" ("Series A-2 Bonds," and together with the Series A-1 Bonds, "Bonds") in an aggregate principal amount not
exceeding $2.5,000,000; and
WHEREAS, pursuant to Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government
Code (Act), the Bonds are authorized to be issued by the District, for the purposes set forth in the ballot submitted
to voters at the Election; and
WHEREAS, Section 15140(b) of the California Education Code provides that the board of supervisors of a
county may authorize a school district over which the county superintendent of schools has jurisdiction, and which
has not received a qualified or negative certification in its most recent interim report, to issue and sell bonds on its
own behalf without further action of the board of supervisors or officers of the county; and
WHEREAS, the Butte County Superintendent of Schools has jurisdiction over the District, and, accordingly,
this Board desires to make such procedures available to the District with regard to the Bonds; and
WHEREAS,the District has not received a qualified or negative certification in its most recent interim report
pursuant to Section 42131 of the California Education Code; and
WHEREAS, pursuant to the District Resolution, the District has formally requested to have the Auditor-
Controller of the County (Auditor-Controller) levy od valorem taxes in a:n amount sufficient to pay the principal of
and interest on the Bonds when due, and to place on its 2017-18 tax roll, and all subsequent tax rolls,taxes sufficient
to fulfill the requirements of the debt service schedule for the Bonds that will be provided to the Auditor-Controller
and the Treasurer-Tax Collector of the County (Treasurer) by the District following the sale of the Bonds.
NOW, THEREFORE, BE IT RESOLVED that the Butte County Board of Supervisors hereby takes the following
actions:
Section 1. Recitals. All of the above recitals are true and correct.
Section 2. Authorization of District Issuance and Sale. Pursuant to Section 15140(b) of the Education
Code, this Board hereby authorizes the issuance and private negotiated sale of the Bonds by the District on its own
behalf, in one or more series of bonds, pursuant to the terms set forth in the District Resolution and as authorized
by and in full compliance with all applicable laws, as determined by the District's bond counsel. This authorization
by this Board shall only apply to the Bonds authorized to be issued by the District Resolution.
Section 3. Purpose. The purpose of this action is to permit the District to sell the Bonds in the manner
that the District determines is in the District's best interests and the best interest of its taxpayers, as provided in the
District Resolution.
Section 4. District Responsibilities. Pursuant to Section 15140(c) of the California Education Code, the
District Board shall provide the District Resolution and the final debt service schedule for the Bonds reflecting the
principal amounts and interest rates of the Bonds as determined in the sale of the Bonds to the Auditor-Controller
and the Treasurer following the sale of the Bonds,and in no event no later than reasonably requested by such officer,
in order to permit the County to establish tax rates and necessary funds or accounts for the bonds.
Section 5. Butte County Responsibilities.
(a) The County, including the officers thereof and this Board, assumes no responsibility for any
of the proceedings following the adoption of this resolution which involve or result in the sale of the Bonds.
(b) The County shall levy and collect ad valorem property taxes, pay principal and interest on the
Bonds, and hold and invest the Bond proceeds and tax funds for the Bonds duly issued and sold by the District
pursuant to the authority granted by this resolution, as otherwise provided by law.
(c) The County, including the officers thereof and this Board, assumes no responsibility for
establishing a tax rate for any of the Bonds in any year in which the information required by Section 4 hereof
to be delivered to the Treasurer is delivered later than the deadline established by such officer in order to
permit compliance with California Government Code Section 29100 ettseq.
(d) Except as otherwise provided by this resolution and by law, neither the County, this Board, or
any officers, officials or employees of the County shall have any liability hereunder or by reason hereof or in
connection with the transactions contemplated hereby and the Bonds shall be payable solely from ad
valorem property tax proceeds.
Section C. Coordination with District on Tax Lev . The District Board has requested this Board to
establish an annual reserve for the purpose of avoiding fluctuating tax levies, as allowed under Education Code
section 15250. This Board hereby authorizes the Auditor-Controller to coordinate with the District concerning the
rate of taxes to be levied.
Section 7. Delegation to Treasurer-Tax Collector. The Treasurer or her or his designee is hereby
authorized and directed to act on behalf of and with the authority of the County to take any official action and to
execute and deliver any certificates, receipts, orders, or other documents required or intended to be signed and
delivered by the County, which the Treasurer deems necessary or advisable, in connection with the issuance and
delivery of the Bonds.
Section 8. Appointment.,of Paying Agent. The District's appointment of "The Bank of New York Mellon
Trust Company, N.A.," as paying agent, in the District Resolution is hereby acknowledged.
Section 9. Effective Date.This resolution shall take effect immediately upon its passage.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 281" day of March, 2017 by the
following vote:
AYES: Supervisors Wahl, Kirk, Lambert, Teeter, and Chair Connelly
NOES: None
ABSENT: None
NOT VOTING: None
BILL CONNELLY, Chair V
Butte County Board of Supervisors
ATTEST:
PAUL MANN, Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
Deputy