ORDER N0. 'c'78~1 ORDER CALLING BOND ELECTION On this the 28th day of October, 2@@;', upon motion made by Cammissioner• 4Jilliams, seconded by Commissianer• Let z, the Co~.irt unanimously approved by a vote of 4-@-@, the Or•der• Calling Rood Election r•egar•ding the February 1, 2@@,, bond election relating to the Hill Country Youth Exhibit Center, as presented by o~_ir• bond counsel COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Fred Het OFFICE: County Judge MEETING DATE: October 28. 2002 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss approval of Order Calling Bond Election for February 1, 2003 EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: County Judge Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Conunissioners' Court. 5:00 P.M. previous Tuesday. ORDER CALLING A BOND ELECTION STATE OF TEXAS § COUNTY OF KERR § WHEREAS, the Commissioners Court of Kerr County, Texas (the "Coum}~~ deems it advisable to call the election hereinafter ordered; and WHEREAS, as required by Section 42.0(18, Texas Election Code, the county election boazd (which, in accordance with Section 51.002(6), Texas Election Code, consists of the County Judge, the County Clerk, the County Sheriff and voter registrar of the County) has recommended to the Counnissioners Court that, for purposes of conducting the special bond election being approved by this Order, the 19 regulaz county election precincts be consolidated into four consolidated precincts, with one consolidated precinct being established to include the territory located wholly within each of the four County Commissioners' districts; and WHEREAS, pursuant to authority provided in Section 42.008, Texas Election Code, and based on the aforementioned recommendation of the county election board, the Commissioners Court of the County has determined that two or more county election precincts should be consolidated into a single precinct (a "Consolidated Precinct") and that four separate Consolidated Precincts should be established to include the territory located wholly within each of the four County Commissioner's districts, all as more specifically described in Section 2 of this Order; and WHEREAS, it is hereby officially found and determined that at least one Consolidated Precinct will be situated wholly within each Commissioners precinct (as required by Section 42.0(18(6), Texas Election Code) and that the polling place for each Consolidated Precinct will adequately serve the voters of the Consolidated Precinct (as required by Section 42.008(a), Texas Election Code); and WHEREAS, it is herby further officially found and detemtirted that the meeting at which this Order was passed was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF %ERR COUNTY, TEXAS THAT: 1. TIME An election shall be held between the hours of 7:00 A.M. and 7:00 P.M. on Saturday, February I, 2003 in the County. 2. PRECINCTS AND POLLING PLACES. For the purpose of holding said election, the County shall be divided into four Consolidated Precincts, each ofwhich shall be situated wholly within one of the four County Commissioner's districts and shall be composed of the respective regular election precincts of the County as shown below. The regulaz County election precincts included in each Consolidated Precinct and the polling place for each Consolidated Precinct shall be as follows: KERB COUNTY CONSOLIDATED KERR COUNTY REGULAR ELECTION PRECINCT NUMBERS ELECTION PRECINCT NUMBERS 1 101, 107, 109, 113, 118, 119 2 202, 211, 215 3 303, 308, 312, 314, 320 4 404, 405, 410, 416, 417 POLLING PLACE Trinity Baptist Church 800 Jackson Road Kemille, TX Schreiner Cailloux Center 2100 Memorial Blvd Kemille, TX Kerr County Courthouse 700 Main Sheet Kemille, TX Hill Country Arts Foundation Hwy 39 W. Ingram, TX 3. PRESIDING JUDGES. The Presiding Judge and Alternate Presiding Judge for each of the election precincts and polling places described above shall be appointed at a later date. 4. ELECTION CLERKS. Each Presiding Judge shall appoint not less than two nor more than five qualified election clerks to serve and assist in conducting said election; provided that if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. 5. EARLY VOTING BY PERSONAL APPEARANCE. Electors may cast their eazly votes by personal appearance at the Kerr County Extension Office Meeting Room, 5001 San Antonio Hwy, Kenville, Texas 78028. The Early Voting Clerk shall be County Clerk Jannett Pieper. During the period eazly voting is required or permitted by law, being Wednesday, January I5, 2003 through Tuesday, January 28, 2003, the hours designated for eazly voting by personal appearance shall be from 8:00 A.M. to 5:00 P.M, on each day except Saturdays, Sundays, and legal state holidays; and the Early Voting Clerk shall keep said eazly voting place open during such hours for early voting by persona] appeazance. 6. APPLICATIONS FOR BALLOT BY MAIL. Applications for ballot by mail must be received no later than the close of business on January 27, 2003 and shall be mailed to: Jannett Pieper, Kerr County Clerk 700 Main St. #122 , Kenville, Texas 78028 7. EARLY VOTING BALLOT BOARD. An Eazly Voting Ballot Board is hereby created to process eazly voting resuhs. The Presidmg Judge and the Alternate Presiding Judge of said Board shall be appointed at a later date. The Presiding Judge shall appoint at least two other members of said Board. 8. ELECTORS. All resident, qualified electors of the County shall be entitled to vote at said election. 9. OFFICIALPROPOSITION. Atsaid electionthe followingPROPOSITION shallbe submit- ted in accordance with law: PROPOSITION "Shall the Commissioners Court of Kerr County, Texas be authorized to issue bonds of the County, in one or more series, in the aggregate principal amount of $3, 500, ODO for the renovation, expansion, construction and equipping of a muhiputpose facility or facilities located at 3805 State Highway 27 East, Kenville, Tertas (commonly known as the Hill Country Youth Exhibit Center), with said bonds to mature, bear interest, and be issued and sold in acconiance with law at the time of issuance, all within the discretion of such Commissioners Court; and shall the Commissioners Coun be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes on all taxable property in the County, sufficient, within the limits provided by law, to pay the principal of and interest on said bonds?" 10. FORM OF BALLOT. The official ballots for said election shall be prepared in accordance with the Tertas 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: PROPOSITION FOR G THE ISSUANCE OF $3,500,000 OF BONDS TO RENOVATE, CONSTRUCT AND EQUIP MULTI-PURPOSE FACILITIES AT THE HILL COUNTRY YOUTH EXHIBIT CENTER AND AGAINST G LEVYING THE TAX IN PAYMENT THEREOF 11. ELECTION CODE In all respects said election shall be conducted in accordance with the Texas Election Code. 12. BILINGUAL ELECTION MATERIALS. All election materials (including notice of the election, ballots, instruction cards, affidavits, and other fomLS which voters may be required to sign) and all eazly voting materials shall be printed in both English and Spanish, or Spanish translations thereof, and/or other assistance shall be provided, as required by the Texas Election Code and the Federal Voting Rights Act of 1965, each as amended. 13. NOTICE. Notice of said election shall be given by publishing on the same day in each of two successive weeks in the Kerrville Daily Times a notice of election, both in English and in Spanish, rtr substantially the form attached hereto as Exhibit A with the first publication ocarrring not less than 14 days prior to the date set for said election. It is hereby found and declared that the Kerrville Daily Times is a newspaper of general circulation within the County. Notice shall also be given by posting not later than the 21st day before the election a copy of such notice of election, both in English and in Spanish, (i) at the Kerr County Courthouse on the bulletin board used for posting notices of the meetings of the Commissioners Court of the County, and (ii) at three other public places in the County. 14. INCORPORATION OF RECITALS. The Commissioners Court of Kerr County, Texas hereby finds that the statements set forth in the recitals of this Order are true and correct and hereby incorporates such recitals as a part of this Order. [The remainder of this page intentionally left blank] NOTICE OF KERR COUNTY BOND ELECTION TAI qE AND PURPOSE OF ELECTION. Kerr County, Texas (the "County's will hold an election between the hours of 7:00 A.M. and 7: 00 P.M. on Saturday, February 1, 2003 in the County for the purpose of authorizing the issuance of$3, 500, 000 in principal amount ofbonds, as further described below. PLACE OF ELECTION. The County shall be divided into four consolidated precincts, each of which is composed of the territory included in the following regulaz election precincts, and the polling place for each consolidated precinct shall be as shown below: Precinct 1: (Regular Precinct Nos. 101, 107, 109, 113, 118, L 19) Trinity Baptist Church 800 Jackson Rd. Kerrville PrecinM 2: (Regular Precinct Nos. 202, 2l 1, 215) Schreiner Cailloux Center 2100 Memorial Blvd, Kerrville Precinct 3 (Regular Precinct Nos. 303, 308, 312, 314, 320) Kerr County Courthouse 700 Main St, Kerrville Precinct 4 (Regular Precinct Nos. 404, 405, 406, 410, 416, 417) Hil] Country Arts Foundation Hwy 39 W., Ingram EARLY VOTING BYPERSONAL APPEARANCE. Electors may cast their eazly votes by personal appearance at the Kerr County Extension Office Meeting Room, 5001 San Antonio Hwy, Kerrville, Texas. During the period eazly voting is required or pemritted by law, being Wednesday, January I5, 2003 through Tuesday, January 28, 2003 (excludurg Saturdays, Sundays and legal state holidays), the horns designated for eazly voting by personal appearance shall be from 8:00 A.M. to 5:00 P.M. APPLICATIONS FOR BALLOT BY MAIL. Applications forballot by mail must be received no later than the close of business on January 27, 2003 and shall be mailed to: Jannett Pieper, Kerr County Clerk 700 Main St. #122 ,Kerrville, Texas 78028 OFFICIAL BOND PROPOSITION. At said election the following PROPOSITION shall be submitted in accondartce with law: PROPOSITION "Shall the Commissioners Court of Kerr County, Texas be authorized to issue bonds of the County, in one ormore series, in the aggregate principal amount of $3,500, 000 forthe renovation, expansion, construction and equipping of a multipurpose facility or facilities located at 3805 State Highway 27 East, Kerrville, Texas (commonly known as the Hill Country Youth Exhibit Center), with said bonds to mature, beaz interest, and be issued and sold in accordance with law at the time of issuance, all within the discretion of such Commissioners Court; and shall the Commissioners Court be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes on al] taxable property in the County, sufficient, within the limits provided by law, to pay the principal of and interest on said bonds?" ELECTORS. All resident, quahfied electors ofthe County shall be entitled to vote at said election, :.~~ CERTIFICATE FOR ORDER I, the undersigned County Clerk of Kerr County, Texas (the "County"), hereby certify as follows: 1. The Commissioners Court of the County (the "Commissioners Court") convened in REGULAR MEETING ON THE 28r" DAY OF OCTOBER, 2002, at the regular designated meeting place (the "Meeting"), and the roil was called of the duly constituted officers and members of the Commissioners Court, to-wit: Fred Henneke, County Judge H. A. "Buster" Baldwin, Commissioner, Precinct #1 William "Bill" Williams, Commissioner, Precinct #2 Jonathan Letz, Commissioner, Precinct #3 Larry Griffin, Commissioner, Precinct #4 and all of said persons were present, except the following absentees: thus constituting a quorum. Whereupon, among other business following was transacted at the Meeting: a written ORDER CALLING A BOND ELECTION the (the "Order") was duly introduced for the consideration of the Commissioners Court. It was then duly moved and seconded that the Order be passed; and, after due discussion, said motion, carrying with it the passage of the Order, prevailed and carved by the following votes: AYES: ~ NOES: ~' ABSTENTIONS: 2. A true, full, and correct copy of the Order passed at the Meeting is attached to and follows this Certificate; the Order has been duly recorded in the Commissioners Court's minutes of the Meeting; the above and foregoing pazagraph is a true, full, and correct excerpt from the Commissioners Court's minutes of the Meeting pertaining to the passage of the Order; the persons named in the above and foregoing pazagraph aze the duly chosen, qualified, and acting officers and members of the Commissioners Court as indicated therein; each ofthe officers and members of the Commissioners Court was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Order would be introduced and considered for passage at the Meeting, and each of the officers and members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given all as required by Chapter 551, Texas Government Code. SIGNED AND SEALED the 28"' day of October, 2002. ~ ~~ '~~' ,,,, f y ~,' ~.,. ~ /LlL~,~ `~ Oo ~~ '°°.$,~`'~;, C my Clerk, Kerr County, Te cas ~ ( ~~~ :, x ~ ~- , ~ ~ Ul, r ~ T'~ -= -,., ORDER CALLING A BOND ELECTION STATE OF TEXAS COUNTY OF KERR WHEREAS, the Commissioners Court of Ken County, Texas (the "County") deems it advisable to call the election hereinafter ordered; and WHEREAS, as required by Section 42.008, Texas Election Code, the county election board (which, in accordance with Section 51.002(b), Texas Election Code, consists of the County Judge, the County Clerk, the County Sheriff and voter registrar of the County) has recommended to the Commissioners Court that, for purposes of conducting the special bond election being approved by this Order, the 19 regular county election precincts be consolidated into four consolidated precincts, with one consolidated precinct being established to include the temtory located wholly within each of the four County Commissioners' districts; and WHEREAS, pursuant to authority provided in Section 42.008, Texas Election Code, and based on the aforementioned recommendation of the county election board, the Commissioners Court of the County has determined that two or more county election precincts should be consolidated into a single precinct (a "Consolidated Precinct") and that four separate Consolidated Precincts should be established to include the territory located wholly within each of the four County Commissioner's districts, all as more specifically described in Section 2 of this Order; and WHEREAS, it is hereby officially found and determined that at least one Consolidated Precinct will be situated wholly within each Commissioners precinct (as required by Section 42.008(b), Texas Election Code) and that the polling place for each Consolidated Precinct will adequately serve the voters of the Consolidated Precinct (as required by Section 42.008(a), Texas Election Code); and WHEREAS, it is hereby further officially found and determined that the meeting at which this Order was passed was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF KERR COUNTY, TEXAS THAT: 1. TIME. An election shall be held between the hours of 7:00 A.M. and 7:00 P.M. on Saturday, February 1, 2003 in the County. 2. PRECINCTS AND POLLING PLACES. For the purpose of holding said election, the County shall be divided into four Consolidated Precincts, each ofwhich shall be situated wholly within one of the four County Commissioner's districts and shall be composed of the respective regular election precincts of the County as shown below. The regular County election precincts included in each Consolidated Precinct and the polling place for each Consolidated Precinct shall be as follows: KERB COUNTY CONSOLIDATED KERR COUNTY REGULAR ELECTION PRECINCT NUMBERS ELECTION PRECINCT NUMBERS 1 101, 107, 109, 113, 118, 119 2 202,211,215 3 303,308,312,314,320 4 404, 405, 410, 416, 417 POLLING PLACE Trinity Baptist Church 800 Jackson Road Kerrville, TX Schreiner Cailloux Center 2100 Memorial Blvd. Kemille, TX Kerr County Courthouse 700 Main Street Kerrville, TX Hill Country Arts Foundation Hwy 39 W. Ingram, TX 3. PRESIDING JUDGES. The Presiding Judge and Alternate Presiding Judge for each of the election precincts and polling places described above shall be appointed at a later date. 4. ELECTION CLERKS. Each Presiding Judge shall appoint not less than two nor more than five qualified election clerks to serve and assist in conducting said election; provided that if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. 5. EARLY VOTING BY PERSONAL APPEARANCE. Electors may cast their eazly votes by personal appearance at the Kerr County Extension Office Meeting Room, 5001 San Antonio Hwy, Kerrville, Texas 78028. The Early Voting Clerk shall be County Clerk Jannett Pieper. During the period eazly voting is required orpermitted by law, being Wednesday, January 1 S, 1003 through Tuesday, January 28, 1003, the hours designated for eazly voting by personal appeaz- ance shall be from 8:00 A.M. to 5:00 P.M. on each day except Saturdays, Sundays, and legal state holidays; and the Early Voting Clerk shall keep said early voting place open during such hours for eazly voting by personal appearance. 6. APPLICATIONS FOR BALLOT BY MAIL. Applications for ballot by mail must be received no later than the close of business on January 27, 2003 and shall be mailed to: Jannett Pieper, Kerr County Clerk 700 Main St. #122 , Kemille, Texas 78028 7. EARLY VOTING BALLOT BOARD. An Early Voting Ballot Board is hereby created to process eazly voting results. The Presiding Judge and the Alternate Presiding Judge of said Board shall be appointed at a later date. The Presiding Judge shall appoint at least two other members of said Board. 8. ELECTORS. All resident, qualified electors of the County shall be entitled to vote at said election. 9. OFFICIAL PROPOSITION. At said election the following PROPOSITION shall be submitted in accordance with law: PROPOSITION "Shall the Commissioners Court of Kerr County, Texas be authorized to issue bonds of the County, in one or more series, in the aggregate principal amount of $3, 500, 000 for the renovation, expansion, construction and equipping of a multipurpose facility or facilities located at 3805 State Highway 27 East, Kerrville, Texas (commonly known as the Hill Country Youth Exhibit Center), with said bonds to mature, bear interest, and be issued and sold in accordance with law at the time of issuance, all within the discretion of such Commissioners Court; and shall the Commissioners Court be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes on all taxable propeity in the County, sufficient, within the limits provided by law, to pay the principal of and interest on said bonds?" 10. FORM OF BALLOT. The official ballots for said 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: PROPOSITION FOR ^ THE ISSUANCE OF $3,500,000 OF BONDS TO RENOVATE, CONSTRUCT AND EQUIP MULTI-PURPOSE FACILITIES AT THE HILL COUNTRY YOUTH EXHIBIT CENTER AND AGAINST ^ LEVYING THE TAX IN PAYMENT THEREOF 11. ELECTION CODE. In all respects said election shall be conducted in accordance with the Texas Election Code. 12. BILINGUAL ELECTION MATERIALS. All election materials (including notice of the election, ballots, instruction cazds, affidavits, and other forms which voters may be required to sign) and all early voting materials shall be printed in both English and Spanish, or Spanish translations thereof, and/or other assistance shall be provided, as required by the Texas Election Code and the Federal Voting Rights Act of 1965, each as amended. 13. NOTICE. Notice of said election shall be given by publishing on the same day in each of two successive weeks in the Kerrville Daily Times a notice of election, both in English and in Spanish, in substantially the form attached hereto as Exhibit A with the first publication occurring not less than 14 days prior to the date set for said election. It is hereby found and declared that the Kerrville Daily Times is a newspaper of general circulation within the County. Notice shall also be given by posting not later than the 21 st day before the election a copy of such notice of election, both in English and in Spanish, (i) at the Kerr County Courthouse on the bulletin board used for posting notices of the meetings of the Commissioners Court of the County, and (ii) at three other public places in the County. 14. INCORPORATION OF RECITALS. The Commissioners Court of Kerr County, Texas hereby finds that the statements set forth in the recitals of this Order are true and correct and hereby incorporates such recitals as a part of this Order. (The remainder of this page intentionally left blank) APPROVED BY THE COMMISSIONERS COURT OF KERR COUNTY, TEXAS ON THE 28r" DAY OF OCTOBER, 2002. Q ` County Judge, Kerr County, Texas Attest: unty Clerk, Kerr Count ,Texas ..*~' L ~ . ~t 4' ~:.: `~ ~~~ a ~ ~° ~ -~ [EXECUTION PAGE TO BOND ELECTION ORDER] EXHIBIT A NOTICE OF KERR COUNTY BOND ELECTION TIME AND PURPOSE OF ELECTION. Kerr County, Texas (the "County") will hold an election between the hours of 7:00 A.M. and 7:00 P.M. on Saturday, February 1, 2003 in the County for the purpose of authorizing the issuance of $3,500, 000 in principal amount of bonds, as further described below. PLACE OF ELECTION. The County shall be divided into four consolidated precincts, each of which is composed of the territory included in the following regulaz election precincts, and the polling place for each consolidated precinct shall be as shown below: Precinct 1: (Regular Precinct Nos. 101, 107, 109, 113, 118, 119) Trinity Baptist Church 800 Jackson Rd. Kerrville Precinct 2: (Regular Precinct Nos. 202, 211, 215) Schreiner Cailloux Center 2100 Memorial Blvd, Kerrville Precinct 3 (Regular Precinct Nos. 303, 308, 312, 314, 320) Ken• County Courthouse 700 Main St., Kerrville Precinct 4 (Regular Precinct Nos. 404, 405, 406, 410, 416, 417) Hill Country Arts Foundation Hwy 39 W., Ingram EARLY VOTING BY PERSONAL APPEARANCE. Electors may cast their eazly votes bypersonal appeazance at the Kerr County Extension Office Meeting Room, 5001 San Antonio Hwy, Kerrville, Texas. During the period early voting is required or permitted bylaw, being Wednesday, January I5, 2003 through Tuesday, January 28, 2003 (excluding Saturdays, Sundays and legal state holidays), the hours designated for eazly voting by personal appeazance shall be from 8:00 A.M. to 5:00 P.M. APPLICATIONS FOR BALLOT BY MAIL. Applications for ballot by mail must be received no later than the close of business on January 27, 2003 and shall be mailed to: Jannett Pieper, Kerr County Clerk 700 Main St. #122 ,Kerrville, Texas 78028 OFFICIAL BOND PROPOSITION. At said election the following PROPOSITION shall be submitted in accordance with law: PROPOSITION "Shall the Commissioners Court ofKea County, Texas be authorized to issue bonds of the County, in one or more series, in the aggregate principal amount of $3, 500, 000 for the renovation, expansion, construction and equipping of a multipurpose facility or facilities located at 3805 State Highway 27 East, Kerrville, Texas (commonly known as the Hill Country Youth Exhibit Center), with said bonds to mature, bear interest, and be issued and sold in accordance with law at the time of issuance, all within the discretion of such Commissioners Court; and shall the Commissioners Court be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes on all taxable property in the County, sufficient, within the limits provided by law, to pay the principal of and interest on said bonds?" ELECTORS. All resident, qualified electors of the County shall be entitled to vote at said election. **^*