ORDER NO. 27846
APPROVE ORDER CALLING BOND ELECTION
AND
RESCINDING ORDER NO. 27831
On this the 12th day of November, 2Q~Q~2, i_ipon motion made by
Commissioner Let z, seconded by Commissioner Griffin, the Co~.irt
approved by a vote of 3-1-0, with Commissioner Baldwin--~
'{
opposing the motion, the Ur•der, calling a Bond -"
Election and Rescinding Or•der• No. 27831, as amended, to
provide for the voting location for• Precinct 2 on Election Day
to be the Kerr County Extension Office meeting roam, 50Q1 San
Antonio Highway, N.er•rville, Texas 78028.
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 He OFFICE: County Judge
MEETING DATE: November 12, 2002 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss Order calling a Bond Election and Rescinding Order No. 27831
dated October 28, 2002.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMA"fED LEN(i"1'H OF YKESEN'I'A'I'ION:
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:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine ff 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 towards you request being addressed at the earliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
Page 1 of 2
Fred Henneke
From: "Tom Spurgeon" <TSpurgeon~mphlegal.com>
To: <kerrcjdg~ktc.com>
Cc: <kerrcocc~ktc.com>
Sent: Tuesday, November 05, 2002 10:23 AM
Attach: Election Order-S.pdf
Subject: Kerr County Bond Election
Judge Henneke:
As I mentioned in my voice mail this morning, we had the Court approve the
bond election order six days too eazly last week. The Election Code only
requires that an election be called at least 45 days prior to the election,
but another statute that is applicable to the County (which didn't come to
mind until after the fact) says the election may not be called eazlier than
90 days prior to the election. Therefore, I would appreciate your putting
an item on the agenda or Nov. 12th which will essentially rescind the Oct.
28th Order and call the election again. The new Order is attached. Please
use the following language for the agenda:
Order Calling a Bond Election and Rescinding
Order No.
Jannett also mentioned that it maybe necessary to change the polling place
at Scheiner College. Appazently the College has indicated that there may be
a conflict on February 1 with using the location that was originally
intended. We can incorporate any polling place change into next week's
Order if that information is available by then.
I apologize for the inconvenience in calling the election again, but I would
rather be too eazly than too late. I will be out of the office the
remainder of the day but will be available to talk on Wednesday if you have
any questions.
Cordially yours,
Thomas K. Spurgeon
McCall, Parkhurst & Horton L.L.P.
700 N. St. Mary's, Suite 1225
1225 One Riverwalk Place
San Antonio, Texas 78205
Telephone: (210) 225-2800
Telecopy: (210) 225-2984
e-mail:
*The information contained in this electronic communication is confidential
and may contain information that is legally privileged and exempt from
disclosure under applicable law. The information is intended solely for the
11/5/02
Page 2 of 2
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«Election Order-S.pdfl>
11/5/02
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 12r" DAY OF NOVEMBER, 2002, at the regular designated
meeting place (the "Meeting"), and the roll 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: None
thus constituting a quorum. Whereupon, among other business the
following was transacted at the Meeting: a written
ORDER CALLING A BOND ELECTION AND RESCINDING ORDER NO. 27831
(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 tamed by the following votes:
AYES: 3 NOES: 1 ABSTENTIONS: 0
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 Cormissioners Court's minutes of the
Meeting; the above and foregoing paragraph 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 are the duly chosen, qualified, and acting officers and
members of the Commissioners Court as indicated therein; each of the 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 ofthe Meeting was given all as required by Chapter 551, Texas Government
Code.
SIGNED AND SEALED the 12th day of November, 2002.
~~` OG Co ty Clerk, Kerr County, Te as
(SEAL) to ~~
~ ~
~~ ~~
ORDER CALLING A BOND ELECTION
AND RESCINDING ORDER NO. 27831
STATE OF TEXAS §
COUNTY OF KERR §
WHEREAS, the Commissioners Court ofKerr County, Texas (the "County") passed an order
(Order No. 27831) on October 28, 2002 calling a bond election to be held on Saturday, February I,
2003 in the County (the "First Election Order"); and
WHEREAS, as required by Section 1251.003(c) of the Texas Government Code, a bond
election shall be held not less that 15 days nor more than 90 days from the date of the election order
calling such election; and
WHEREAS, the First Election Order called the election, described therein, more than 90
days from the date of such election; and
WHEREAS, the Commissioners Court of the County deems it advisable to rescind the First
Election Order and to call the election, as described herein below, as of the date hereof, all in
accordance with Section 1251.003(c) of the Texas Govenunent Code and Chapter 3 of the Texas
Election Code; 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 regular 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' precincts; 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 precincts, 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. RESCISSION OF FIRST ELECTION ORDER. The First Election Order previously
adopted by Order Number 27831 shall be and is hereby rescinded, and has no further force or effect.
2. TIME. An election shalt be held between the hours of 7:00 A.M. and 7:00 P.M. on
Saturday, February 1, 2003 in the County.
3. PRECINCTS AND POLLING PLACES. For the purpose of holding said election,
the County shall be divided into four Consolidated Precincts, each of which shall be situated wholly
within one of the four County Commissioner's precincts 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:
KERR 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
yam,
POLLING PLACE
Trinity Baptist Church
800 Jackson Road
Kerrville, TX
Kerr County Extension Office
Meeting Room
5001 San Antonio Hwy
Kerrville, TX
Ken County Courthouse
700 Main Street
Kemille, TX
Hill Country Arts Foundation
Hwy 39 W.
Ingram, TX
4. 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.
5. 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 Altemate Presiding Judge shall be one of such
clerks.
6. EARLY VOTING BY PERSONAL APPEARANCE. Electors may cast their eazly
votes by personal appeazance at the Kerr County Extension Office Meeting Room, 5001 San Antonio
Hwy, Kemille, Texas 78028. The Eazly Voting Clerk shall be County Clerk Jannett Pieper.
During the period early voting is required orpermitted by law, being Wednesday, January I S,
2003 through Tuesday, January 28, 2003, the hours designated for early voting by personal appear-
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
early voting by personal appearance.
7. 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
8. EARLY VOTING BALLOT BOARD. An Early Voting Ballot Board is hereby created
to process early voting results. The Presiding Judge and the Alternate Presiding Judge o f said Board
shall be appointed at a later date. The Presiding Judge shall appoint at least two other members of
said Board.
9. ELECTORS. All resident, qualified electors of the County shall be entitled to vote at
said election.
10. 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 property in the County, sufficient, within the
limits provided by law, to pay the principal of and interest on said bonds?"
11. 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:
FOR ^ THE ISSUANCE OF 83,500,000 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
12. ELECTION CODE. In all respects said election shall be conducted in accordance
with the Texas Election Code.
13. BILINGUAL ELECTION MATERIALS. All election materials (including notice
of the election, ballots, instruction cards, affidavits, and other forms which voters maybe 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.
14. 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 declazed 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 boazd used for posting
notices of the meetings of the Commissioners Court of the County, and (ii) at three other public
places in the County.
15. 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 12TH DAY OF NOVEMBER, 2002.
County Judge, Kerr County, Texas
Attest:
~ ~ ~ ~~~
Cou y Clerk, Ken County, Texa
(County Seal)
/~ ~G9~~
~ ~Q
[EXECUTION PAGE TO BOND ELECTION ORDER]
EXHIBIT A
NOTICE OF I{ERR 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 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, 119)
Precinct 2: (Regular Precinct Nos. 202, 211, 215)
Precinct 3 (Regular Precinct Nos. 303, 308, 312, 314, 320)
Precinct 4 (Regular Precinct Nos. 404, 405, 406, 410, 416, 417)
Trinity Baptist Church
800 Jackson Rd., Kemille
Kerr County Extension Office
Meeting Room
5001 San Antonio Hwy
Kerrville
Kerr County Courthouse
700 Main St., Kemille
Hill Country Arts Foundation
Hwy 39 W., Ingram
EARLY VOTING BY PERSONAL APPEARANCE. Electors may cast their early votes
bypersonal appeazance at the Ken CotmtyExtension Office Meeting Room, 5001 San Antonio Hwy,
Kerrville, Texas. During the period eazly voting is required or permitted by law, being Wednesday,
January 1 S, 2003 through Tuesday, January 28, 2003 (excluding Saturdays, Sundays and legal state
holidays), the hours 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 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 of Kerr County, Texas be authorized to issue bonds
ofthe 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, Kemille, 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.
~^r*