ORDER NO. 31871 ORDER CALLING FOR BOND ELECTION IN SECTION 9 CASTLE LAKE RANCH SUBDIVISION ROAD DISTRICT Came to be heard this the 24th day of August, 2010, with a motion made by Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4 -0 -0 to: Approve ordering a Bond Election in Section 9 Castle Lake Ranch Subdivision Road District for November 2, 1010. 3 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND ONE (1) COPY OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Jonathan Letz OFFICE: County Commissioner, Pct. 3 MEETING DATE: August 23, 2010 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action on Order Calling a Bond Election in the Section 9 Castle Lake Ranch Subdivision Road District. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) No NAME OF PERSON ADDRESSING THE COURT: Comm. Letz ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER - NAME OF EMPLOYEE: 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: 5:00 PM previous Tuesday THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: @ .M. 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 towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Make sure any and all back up material is attached to this form. #31871 ORDER CALLING A BOND ELECTION IN SECTION 9 CASTLE LAKE RANCH SUBDIVISION ROAD DISTRICT STATE OF TEXAS § COUNTY OF KERR WHEREAS, pursuant to the provisions of Subchapter B of Chapter 257, Texlis Transportation Code, the Commissioners Court (the "Commissioners Court ") of KERR COUNT', TEXAS (the "County ") on August 9, 2010 duly created the SECTION 9 CASTLE LAKE RANCH SUBDIVISION ROAD DISTRICT (the "District "); and WHEREAS, pursuant to the provisions of Section 1471.016(b), Texas Government Code, as amended, the Commissioners Court has received a petition signed by a majority of the registered voters of the District requesting the Commissioners Court to order an election to determine whether bonds of the District should be issued in an amount not to exceed $350,000 lo construct, maintain, or operate macadamized, graveled, or paved roads within the District, a4d whether taxes shall be imposed on all taxable property in the District in payment of such bonds; and WHEREAS, pursuant to the provisions of Section 1471.016(c), upon receipt of sudh petition, the Commissioners Court ordered a hearing to be held on August 24, 2010, In connection with the issuance of such bonds; and WHEREAS, in compliance with the provisions of Section 1471.017(b), the Commissioners Court hereby finds that (i) such petition was signed by the proper number of qualified persons, (ii) the notice required pursuant to Section 1471.017(c), (d) and (e) was given, and (iii) the proposed improvements will benefit all taxable property in the District; and WHEREAS, the Commissioners Court of the County deems it advisable to call the election hereinafter ordered; and WHEREAS, it is hereby 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 Tuesday, November 2, 2010, in the District. 2. PRECINCT AND POLLING PLACE. The entire District constitutes a single election precinct. The polling place for such precinct shall be: the Calvary Temple Comfort/Center Point Church 6650 Hwy 27 Comfort, Texas 78013. 3. PRESIDING JUDGES. The Presiding Judge and the Alternate Presiding Judge for the election shall be Frank Manitzas and Frances Lovett, respectively. 4. ELECTION CLERKS. The Presiding Judge shall appoint not less than two nor more than six 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. Electors may cast their early vote by mail at the following address:700 Main Street, Kerrville, Texas 78028, Attn: Diane Bolin; or by personal appearance at 910 Main Street, Kerrville, Texas or at 3324 -A Junction Hwy Ingram, Texas 78025. The Early Voting Clerk shall be Diane Bolin. During the period early voting is required or permitted by law, being Monday, October 18, 2010, through Friday, October 29, 2010 (excluding Saturdays, Sundays and legal state holidays) the hours designated for early voting by personal appearance shall be from 8:00 A.M. to 5:00 P.M., and the Early Voting Clerk shall keep said early voting place open during such hours for early voting by personal appearance. 6. EARLY VOTING BALLOT BOARD. An early voting ballot board will be created to process early voting results, and the presiding judge of said board shall be Joe Armistead. The presiding judge shall appoint at least two other members of the board at a later date. 7. ELECTORS. All resident, qualified electors of the District shall be entitled to vote at said election. 8. OFFICIAL PROPOSITION. At said election the following PROPOSITION shall be submitted in accordance with law: PROPOSITION Authorizing the Section 9 Castle Lake Ranch Subdivision Road District (the "District ") to issue its bonds in the total sum of $350,000 and to impose annually ad valorem taxes on all taxable property in the District to pay the interest on the bonds and create a sinking fund to redeem the principal at maturity for the purposes of the purchase or acquisition of roads and the construction, maintenance, and operation of macadamized, graveled, or paved roads and turnpikes or in aid of those purposes inside or outside the boundaries of the District. 9. 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 "pr "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 $350,000 OF BONDS TO CONSTRUCT, OPERATE AND MAINTAIN ROADS, AGAINST AND LEVYING THE TAX IN PAYMENT THEREOF 10. ELECTION CODE. In all respects said election shall be conducted in accordance with the Texas Election 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. 11. BILINGUAL ELECTION MATERIALS. All election materials (including notice of the election, ballots, instruction cards, 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. 12. NOTICE. Pursuant to the provisions of Section 1471.018, Texas Government Code, notice of said election shall be given by publishing one time in the West Kerr Current, not more than 30 days and not less than 10 days prior to the date set for said election a notice of election, both in English and in Spanish, in substantially the form attached hereto as Exhibit A. It is hereby found and declared that the West Kerr Current is a newspaper of general circulation within the District. 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) on the bulletin board used for posting notices of the meetings of the Commissioners Court, and (ii) in at least three public places in the District. 13. INCORPORATION OF RECITALS. The Commissioners Court 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. 14. EFFECTIVE DATE. This Order shall become effective immediately after its adoption. [The remainder of this page intentionally left blank] APPROVED BY THE COMMISSIONERS COURT OF KERR COUNTY, TEXAS ON THE 24 DAY OF AUGUST, 2010. Attest qvyI,y Co Cler r` ( ygZ ji ti - s 5 ; err County, Texas (Seal) ,t., "lc EXHIBIT A NOTICE OF BOND ELECTION TO BE HELD IN THE SECTION 9 CASTLE LAKE RANCH SUBDIVISION ROAD DISTRICT TIME AND PLACE OF ELECTION. The Commissioners Court of Kerr County, Texas hereby gives notice of a bond election to be held between the hours of 7:00 A.M. and 7:00 P.M. on Tuesday, November 2, 2010 in the SECTION 9 CASTLE LAKE RANCH SUBDIVISION ROAD DISTRICT (the "District "). The entire District constitutes a single election precinct. The polling place for such precinct shall be Calvary Temple Comfort/Center Point Church 6650 Hwy 27 Comfort, Texas 78013. EARLY VOTING. Electors may cast their early vote by mail at the following address: 700 Main Street, Kerrville, Texas 78028, Attn: Diane Bolin; or by personal appearance at the following address: 910 Main Street, Kerrville, Texas or 3324 -A Junction Hwy Ingram, Texas. During the period early voting is required or permitted by law, being Monday, October 18, 2010, through Friday, October 29, 2010 (excluding Saturdays, Sundays and legal state holidays), the hours designated for early voting by personal appearance shall be from 8:00 A.M. to 5:00 P.M. OFFICIAL PROPOSITION. At said election the following PROPOSITION shall be submitted in accordance with law: PROPOSITION Authorizing the Section 9 Castle Lake Ranch Subdivision Road District (the "District ") to issue its bonds in the total sum of $350,000 and to impose annually ad valorem taxes on all taxable property in the District to pay the interest on the bonds and create a sinking fund to redeem the principal at maturity for the purposes of the purchase or acquisition of roads and the construction, maintenance, and operation of macadamized, graveled, or paved roads and turnpikes or in aid of those purposes inside or outside the boundaries of the District. 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 $350,000 OF BONDS TO CONSTRUCT, OPERATE AND MAINTAIN ROADS, AGAINST n AND LEVYING THE TAX IN PAYMENT THEREOF ELECTORS. All resident, qualified electors of the District shall be entitled to vote at said election. CERTIFICATE FOR ORDER 1, 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 SPECIAL MEETING ON THE 24th DAY OF AUGUST 24, 2010, 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: Pat Tinley County Judge H.A. "Buster" Baldwin Commissioner, Pct. #1 William H. "Bill" Williams Commissioner, Pct. #2 Jonathan Letz Commissioner, Pct. #3 Bruce Oehler Commissioner, Pct. #4 and all of said persons were present, except the following absentees: thus constituting a quorum. Whereupon, among other business the following was transacted at the Meeting: a written ORDER CALLING A BOND ELECTION IN SECTION 9 CASTLE LAKE RANCH ROAD DISTRICT (the "Order ") was duly introduced for the consideration of the Commissioners Court. It was thdn 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 carried by the following votes: AYES: 4. NOES: 0 . ABSTENTIONS: o . 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 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 paragraph are the duly chosen, qualified, and acting officers and members of the Commissioners Court as indicated therein; each of the officers arid 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 24 Angus 21 0. s i � ;A: .... 4 S h 4ViL r ,3' :COG' Co u nty Clerk � i . Kerr County, Texas 12. (SEAL) S , Al ;r 4 14, 9 INTY, ,,