League of Women Voters of California Education Fund
	Alameda County, CA November 6, 2012 Election
	Measure N Swimming Pool Facilities Bonds City of Berkeley General Obligation Bonds - 2/3 Approval Required Fail: 31671 / 62.37% Yes votes ...... 19112 / 37.63% No votes See Also: Index of all Measures

Tax Rate Statement from Berkeley City Manager

An election will be held in the City of Berkeley (the "City") on November 6, 2012, on the question of issuing bonds in the principal amount of $19,400,000 to finance improvements to the West Campus warm water pool, Willard Middle School pool and King Middle School pool as described in the bond measure. If the bonds are approved, the City expects to sell the bonds in a single series of bonds. Principal and interest on the bonds will be paid from taxes levied on taxable property in the City. The following tax rate information is given to comply with Sections 9400-9404 of the Elections Code of the State of California. Based on estimated assessed valuations available at the time of filing of this statement: 1. The best estimate of the tax rate that would be required to be levied to fund the 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 $0.00955 per $100 ($9.55 per $100,000) of assessed valuation in fiscal year 2013/14. 2. The best estimate of the tax rate that would be required to be levied to fund the bond issue during the first fiscal year after the last sale of the bonds, based on estimated assessed valuations available at the time of filing of this statement, is $0.00955 per $100 ($9.55 per $100,000) of assessed valuation in fiscal year 2013/14. 3. The best estimate of the highest tax rate that would be required to be levied to fund the bond issue, based on estimated assessed valuations available at the time of filing this statement, is $0.00955 per $100 ($9.55 per $100,000) of assessed valuation in fiscal year 2013/14. 4. The best estimate of the average annual tax rate which would be required to be levied to fund the bond issue over the entire life of the bond debt service, based on estimated assessed valuations available at the time of filing of this statement, is $0.00701 per $100 ($7.01 per $100,000) of assessed valuation. The final fiscal year in which a tax is anticipated to be collected is 2042/43. Voters should note that the estimated tax rates are based on the assessed value of taxable property 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 payment of taxes. Property owners should consult their own property tax bills and the County Assessor 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 City's projections and are not binding upon the City. The dates of sale and the amount of bonds sold at any given time will be determined by the City based on the 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 City as determined by the County Assessor in the annual assessment and the equalization process.

Full Text of Measure N

RESOLUTION NO. 65,804+N.S. AUTHORIZING THE CITY OF BERKELEY TO INCUR BONDED DEBT AND ISSUE A GENERAL OBLIGATION BOND FOR POOLS AND ASSOCIATED FACILITIES WHEREAS, this resolution is adopted pursuant to and in conformance with Chapter 7.64 of the Berkeley Municipal Code; and WHEREAS, on November 17, 2009, the Berkeley City Council adopted the Pools Master Plan; and WHEREAS, the City Council has determined to implement the following elements of the Pools Master Plan (the "Improvements") at this time: Warm Water Pool. Construct a replacement indoor warm pool and repair, renovate or replace associated facilities, including but not limited to utility structures, including locker rooms (including the locker room serving the existing outdoor lap pool), restrooms, mechanical rooms and equipment, and related site improvements such as paving, lighting, fencing, utilities, and landscaping and other amenities, at West Campus (University Avenue at Bonar Street). Willard Middle School. Renovate or replace the previously existing swimming pool and repair, renovate or replace associated facilities, including but not limited to utility structures, including locker rooms, restrooms, mechanical rooms and equipment, and related site improvements such as paving, lighting, fencing, utilities, and landscaping and other amenities, at Willard Middle School. King Middle School. Repair, renovate or replace the locker rooms at the swimming pool at King Middle School and related site improvements such as paving, lighting, fencing, utilities, and landscaping and other amenities, as funding allows; and WHEREAS, the Improvements are estimated to cost $19,400,000 and WHEREAS, funds are not available to construct the Improvements unless the City issues a general obligation bond; and WHEREAS, implementation of the Pools Master Plan, even in part, will serve the public interest of the residents of Berkeley by providing both recreational and therapeutic pools, thereby providing opportunities for improved health and fitness of Berkeley residents; and WHEREAS, the City Council has therefore determined that the public interest requires additional funding for construction of the Improvements. NOW THEREFORE, BE IT RESOLVED by the People of the City of Berkeley that the public interest requires the issuance of a general obligation bond in the amount of $19,400,000 to fund construction of the Improvements as described above. BE IT FURTHER RESOLVED the People of the City of Berkeley that proceeds of bonded indebtedness shall be used to construct the Improvements specified above. For purposes of this measure, "Improvements" shall also include design, permitting, administrative and overhead costs. BE IT FURTHER RESOLVED by the People of the City of Berkeley that: A. The estimated cost of the Improvements to be funded by any bonds issued pursuant to this measure is $19.4 million. B. The amount of the principal of the general obligation indebtedness (the "Bonds") to be incurred shall not exceed $19.4 million. C. The estimated cost may include legal and other fees and the cost of printing the Bonds and other costs and expenses incidental to or connected with the issuance and sale of the Bonds. D. The proceeds of the Bonds authorized to be issued by this resolution shall be used to finance construction of the Improvements and to pay any fees and costs in connection with the issuance of the Bonds, including but not limited to, legal fees and bond printing costs. E. The maximum rate of interest to be paid on the Bonds shall not exceed eight percent (8%). BE IT FURTHER AND FINALLY RESOLVED by the People of the City of Berkeley that in the event this measure is approved by two thirds of the voters, it shall take effect, and debt may be incurred, only if all of the following conditions are met: A. the voters also approve the special tax on the November 6, 2012, ballot to fund operation and maintenance of the new Warm Water and Willard pools; B. after the City of Berkeley executes a lease or leases with the Berkeley Unified School District for all of the pool sites on which funds will be spent, and such lease or leases provide: (1) for a term of at least 40 years with at least one ten-year option that may be exercised by the City; (2) for nominal rent; and (3) that the Berkeley Unified School District shall pay user fees on the same basis as other users.