THE STATE OF TEXAS
ITALY INDEPENDENT SCHOOL DISTRICT
WHEREAS, the Board of Trustees of the Italy Independent School District (the “District”) deems it advisable to call the bond election hereinafter ordered (the “Election”); and
WHEREAS, the bond referendum is subject to the provisions of Section 45.003, Texas Election Code, and the District is contracting to jointly hold the Election with the City of Italy, Texas (the “City”), a political subdivision that is a party to an interlocal agreement for Election Services (the “Election Contract”); and
WHEREAS, it is hereby officially found and determined that the meeting at which this Order was adopted was open to the public, and public notice of the time, place, and purpose of the meeting was given, all as required by the Texas Government Code, Chapter 551.
THEREFORE, BE IT ORDERED BY THE BOARD OF TRUSTEES OF THE ITALY INDEPENDENT SCHOOL DISTRICT:
Section 1. The statements contained in the preamble of this Order are true and correct and adopted as findings of fact and operative provisions hereof.
Section 2. Election Ordered; Polling Places. The Election shall be held in the District between the hours of 7:00 a.m. and 7:00 p.m. on May 9, 2015 (“Election Day”). The Election is to be conducted with the City, as provided by Chapter 271 of the Texas Election Code (the “Code”) and the Election Contract. Voting for the Election on Election Day and Early Voting shall occur on the dates and during the hours and at the designated polling places as set forth in Exhibit “A” attached hereto, which exhibit is hereby made a part hereof for all intents and purposes. Exhibit “A” shall be modified to include additional or different Election Day polling places required to conform to the Code and/or the Election Contract.
Section 3. _ Early Voting._ Early voting shall be conducted and administered pursuant to the Election Contract. Early Voting by personal appearance shall begin on April 27, 2015 and conclude on May 5, 2015, and be conducted at the Early Voting locations on the dates and at the times specified in Exhibit “A” attached hereto. The early voting polling places shall remain open during such hours for early voting by personal appearance for any registered voter of the District at such voting place. Exhibit “A” shall be modified to include additional or different early voting polling places required to conform to the Election Contract and/or the Code.
Section 4. Election Officials. The appointment of the Presiding Election Judges, Alternate Judges, Early Voting Clerks, the Presiding Judge of the early ballot board and other election officials for the Election shall be made pursuant to, and in accordance with, the Elections Contract. The elections coordinator may employ other personnel necessary for the proper administration of the Election, including such part-time help as is necessary to prepare for the Election, to ensure the timely delivery of supplies during early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station.
Section 5. Voting by Mail. Applications for voting by mail for all residents of the District shall be mailed to: Terry Murdock, City of Italy, City Hall, P.O. Box 840, Italy, Texas 76651 and must be submitted by April 30, 2015. If application to vote by mail is made by personal delivery, the application must be delivered by close of business April 25, 2015 at the City of Italy, City Hall, 101 W. Main St., Italy, Texas 76651.
Section 6. Early Voting Ballots. The early ballot board and all the election officers designated pursuant to law and the Election Contract are hereby appointed and confirmed to hold said election at said polling places and all early voting places.
Section 7. Qualified Voters. All qualified electors of and residing in the District, shall be entitled to vote at the election.
Section 8. Notice of Election. The President of the Board of Trustees shall cause a Notice of Election to be published one time, not earlier than the 30th day or later than the 10th day prior to the date set for the Election, in a newspaper published in the District or, if none is published in the District, in a newspaper of general circulation in the District. In addition, the President of the Board of Trustees shall cause the Notice of Election to be posted on election day and during early voting by personal appearance, in a prominent location at each polling place; not later than the 21st day before the election, in three public places in the boundaries of the District; and during the 21 days before the election, on the District’s website, prominently and together with the notice of the election and the contents of the proposition. The Notice of Election shall be in substantially the form of this Order, and shall contain the information required by the Code, including the locations and times for early voting and voting on Election Day, the propositions and ballot language to be submitted to the voters and such other information as may be deemed appropriate by the President of the Board of Trustees.
Section 9. Proposition. At the Election the following PROPOSITION shall be submitted in accordance with law:
Shall the Board of Trustees of Italy Independent School District be authorized to issue the bonds of the District, in one or more series, in the aggregate principal amount of $12,000,000 for the purpose of the construction, acquisition and equipment of school buildings in the District, with said bonds to mature within not to exceed 40 years from their date, bear interest, and be issued and sold, within the discretion of the Board of Trustees, in accordance with law at the time of issuance; and shall the Board of Trustees be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, on all taxable property in the District, sufficient, without limit as to rate or amount, to pay the principal of and interest on said bonds?
Section 10. Ballots. The official ballots for the Election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote “FOR” or “AGAINST” the aforesaid PROPOSITION with the ballots to contain such provisions, markings and language as required by law, and with such PROPOSITION to be expressed substantially as follows:
|THE ISSUANCE OF $12,000,000 OF BONDS BY THE ITALY
|INDEPENDENT SCHOOL DISTRICT FOR THE ACQUISITION,
|CONSTRUCTION AND EQUIPMENT OF SCHOOL
|BUILDINGS IN THE DISTRICT AND
|LEVYING THE TAX IN PAYMENT THEREOF.
Section 11. Compliance with Federal Law. In all respects, the Election shall be conducted in accordance with the Code. Pursuant to the federal Help America Vote Act (“HAVA”) and the Code, at each polling place there shall be at least one voting system that is equipped for disabled individuals, and each such voting system shall be a system that has been certified by the Texas Secretary of State as compliant with HAVA and the Code.
Section 12. The following information is provided in accordance with the provisions of Section 3.009(b), Texas Election Code.
( a ) The proposition language that will appear on the ballot is set forth in Section 10 hereof.
( b ) The purpose for which the bonds are to be authorized is set forth in Section 9 hereof.
( c ) The principal amount of the debt obligations to be authorized is $12,000,000.
( d ) If the bonds are approved by the voters, the Board of Trustees will be authorized to levy annual ad valorem taxes, on all taxable property in the District, sufficient, without limit as to rate or amount, to pay the principal of and interest on the bonds and the cost of any credit agreements executed in connection with the bonds.
( e ) Based upon the bond market conditions at the date of adoption of this Order, the maximum interest rate for any series of the Bonds is estimated to be 4.50%. Such estimated maximum rate is provided as a matter of information, but is not a limitation on the interest rate at which the Bonds, or any series thereof, may be sold.
( f ) If the bonds are approved, they may be issued in one or more series, to mature serially, over a period not to exceed 40 years from the date of issuance of each series of bonds.
( g ) The aggregate amount of the outstanding principal of the District’s debt obligations as of the beginning of the District’s 2014-15 fiscal year is $1,165,000.
( h ) The aggregate amount of the outstanding interest of the District’s debt obligations as of the beginning of the District’s 2014-15 fiscal year is $200,550.
( i ) The ad valorem debt service tax rate for the District for the 2014-15 fiscal year is $0.07696 per $100 of taxable assessed valuation.
ELECTION DAY POLLING PLACE
Election Day: May 9, 2015
Polls open from 7:00 a.m. to 7:00 p.m.
Italy Community Center
161 W. Main St.
Italy, Texas 76651
EARLY VOTING POLLING PLACE
Early Voting Dates and Hours:
April 27, 2015: 8:00 a.m. to 5:00 p.m.
April 28, 2015: 7:00 a.m. to 7:00 p.m.
April 29, 2015: 8:00 a.m. to 5:00 p.m.
April 30, 2015: 8:00 a.m. to 5:00 p.m.
May 1, 2015: 8:00 a.m. to 5:00 p.m.
May 4, 2015: 8:00 a.m. to 5:00 p.m.
May 5, 2015: 7:00 a.m. to 7:00 p.m.
All early voting shall be conducted at the following Early Voting Polling Place
Italy Community Center
161 W. Main St.
Italy, Texas 76651