Laredo I.S.D. Board of Trustees Special Call Meeting Monday, August 19, :30 PM Amber Yeary Board Room Houston St.

Transcription

1 Laredo I.S.D. Board of Trustees Special Call Meeting Monday, August 19, :30 PM Amber Yeary Board Room Houston St. Laredo, TX A. Call to Order B. Roll Call C. Pledge of Allegiance 1. Discussion and possible action to approve Bond Projects. Ms. Flor Ayala, CPA, Chief Financial Officer 2. Considering and approval of an Order Calling a Bond Election; Providing for the Conduct and the Giving of Notice of Said Election; and Resolving Other Matters Related Thereto. Ms. Flor Ayala, CPA, Chief Financial Officer 3. Adjournment If during the course of the meeting, discussion of any item on the agenda should be held in a closed meeting, the Board will conduct a closed meeting in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, Subchapter D and E. It is the policy of the Laredo Independent School District not to discriminate on the basis of race, color, national origin, gender, religion, limited English proficiency, or handicapping condition in its programs. DISABILITY ACCESS STATEMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aid or services are requested to contact Josie Z. Rodriguez at (956) at least two working days prior to the meeting so that appropriate arrangements can be made. The accessible entrance and accessible parking spaces are located at the Amber Yeary Board Room, 900 Main.

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3 Laredo ISD LOCAL REVENUE SOURCES BOND ISSUES CCA (LEGAL) BONDS AND BOND TAXES INSTRUCTIONAL FACILITY ALLOTMENT EXISTING DEBT ALLOTMENT POLITICAL ADVERTISING The Board may obtain funds to construct, acquire, or equip school buildings, to purchase necessary sites, to purchase new school buses, or to acquire or refinance property financed under a contract entered under the Public Property Finance Act by issuing bonds and assessing annual ad valorem taxes sufficient to pay the principal and interest on the bonds as or before they come due. Education Code (a) All bonds shall be issued in accordance with the Public Security Procedures Act. Gov t Code 1201 Except as provided by Education Code and , a district that issues bonds to construct, acquire, renovate or improve an instructional facility is guaranteed certain state funding to pay principal and interest on eligible bonds under the Instructional Facilities Allotment program, Education Code Chapter 46, Subchapter A. Education Code ; 19 TAC The District is guaranteed certain state funding to pay the principal and interest on eligible bonds under Education Code Chapter 46, Subchapter B. Bonds are eligible if the District made payments on the bonds during the final school year of the preceding state fiscal biennium or taxes levied to pay the principal and interest on the bonds were included in the District s audited debt service collections for that school year, and the District does not receive state assistance under the Instructional Facilities Allotment for payment of the principal and interest on the bonds. Education Code ; 19 TAC No officer or employee of the District shall knowingly expend or authorize the expenditure of District funds for the purpose of political advertising. Funds may be expended, however, for advertising that describes the factual reasons for a measure and does not advocate the passage or defeat of such measure. No officer or employee of the District shall spend or authorize the expenditure of District funds for a communication describing a measure if the communication contains information that: 1. The officer or employee knows is false; and 2. Is sufficiently substantial and important as to be reasonably likely to influence a voter to vote for or against the measure. It is an affirmative defense that the officer or employee reasonably relied on a court order, or an interpretation in a written opinion issued by a court of record, the attorney general, or the Ethics Commission. DATE ISSUED: 9/29/ of 7 UPDATE 91 CCA(LEGAL)-P

4 Laredo ISD LOCAL REVENUE SOURCES BOND ISSUES CCA (LEGAL) On written request of a district that has ordered an election on a measure, the Ethics Commission shall prepare an advance written advisory opinion as to whether a particular communication relating to a measure complies with the section. Election Code [See CPAB] NEWSLETTERS ELECTIONEERING ELECTIONS CALL FOR ELECTION A newsletter of a public officer of the District is not political advertising if: 1. It includes no more than two pictures of a public officer per page and if the total amount of area covered by the pictures is no more than 20 percent of the page on which the pictures appear; 2. It includes no more than eight personally phrased references on a page that is 8 1/2" x 11 or larger, with a reasonable reduction in the number of such personally phrased references in pages smaller than 8 1/2" x 11 ; and 3. When viewed as a whole and in the proper context: a. Is informational rather than self promotional; b. Does not advocate passage or defeat of a measure; and c. Does not support or oppose a candidate for nomination or election to a public office or office of political party, a political party, or a public officer. 1 TAC 26.2 The Board may not use state or local funds or other resources of the District to electioneer for or against any candidate, measure, or political party. Education Code No bonds shall be issued or taxes levied unless approved by a majority of the qualified voters of the District who vote at an election held for such purpose. The election shall be called by Board resolution, which shall set the date, polling places, and propositions to be voted on. The election shall be held on a uniform election date. Education Code (a); Election Code (a) [See BBB] For an election to be held on the date of the general election for state and county officers, the November uniform election date of even-numbered years, the election shall be called not later than the 78th day before the election day. DATE ISSUED: 9/29/ of 7 UPDATE 91 CCA(LEGAL)-P

5 Laredo ISD LOCAL REVENUE SOURCES BOND ISSUES CCA (LEGAL) For an election to be held on a uniform election date other than the date of the general election for state and county officers, the election shall be called not later than the 71st day before election day. Election Code 3.003,.005, [See BBB] NOTICE OF ELECTION POSTING PRECLEARANCE REQUIRED NEW DEBT CURRENT TAXABLE VALUE Notice of each election shall be published not earlier than the 30th day or later than the tenth day before election day in a newspaper of general circulation in the District or a newspaper of general circulation in the territory if none is published in the District. The person responsible for giving the notice must retain a copy of the published notice that contains the name of the newspaper and the date of publication. Election Code 4.003(a)(1), (c),.005 The Board shall also deliver notice of the election to the county clerk of each county in which the District is located not later than the 60th day before election day. Election Code [See BBB] In addition, notice of the election, which must include the location of each polling place, must be posted not later than the 21st day before election day on the bulletin board used for posting notices of Board meetings. The person posting the notice shall make a record at the time of posting stating the date and place of posting. The person shall sign the record and deliver it to the Board after the last posting is made. Election Code 4.003(a)(1), (b), (c), A bond election is subject to federal preclearance requirements to the extent that the District makes changes in the practices or procedures to be followed. Any discretionary setting of the date for a bond election or scheduling of events leading up to or following a bond election is subject to the preclearance requirement. 28 CFR [See BBB] Before issuing bonds, the District must demonstrate to the attorney general that, with respect to the proposed issuance, the District has a projected ability to pay the principal of and interest on the proposed bonds and all previously issued bonds, other than bonds authorized to be issued at an election held on or before April 1, 1991, and issued before September 1, 1992, from a tax at a rate not to exceed $0.50 per $100 of valuation. The District may demonstrate the ability to comply by using the most recent taxable value of property in the District, combined with state assistance to which the District is entitled under Chapter 42 or 46 that may be lawfully used for the payment of bonds. DATE ISSUED: 9/29/ of 7 UPDATE 91 CCA(LEGAL)-P

6 Laredo ISD LOCAL REVENUE SOURCES BOND ISSUES CCA (LEGAL) FUTURE TAXABLE VALUE PROPOSITIONS REFUNDING BONDS AUTHORITY The District may demonstrate the ability to comply by using a projected future taxable value of property in the District anticipated for the earlier of the tax year five years after the current tax year or the tax year in which the final payment is due for the bonds submitted to the attorney general, combined with state assistance to which the District is entitled under Chapter 42 or 46 that may be lawfully used for the payment of bonds. The District must submit a certification of the projected taxable value prepared by a registered, certified professional appraiser who has demonstrated professional experience in projecting taxable values or who can obtain any necessary assistance from an experienced person. The certification of the District s projected taxable value must be signed by the Superintendent. The attorney general must base a determination of whether the District has complied on a taxable value that is equal to 90 percent of the value certified. Education Code Each proposition submitted to authorize the issuance of bonds shall include the question of whether the Board may levy ad valorem taxes either: 1. Sufficient, without limits as to rate or amount, to pay the principal of and interest on said bonds; or 2. Sufficient to pay the principal of and interest on said bonds, provided that the annual aggregate bond taxes in the District shall never exceed the rate stated in the proposition. Education Code (b) In addition to any other requirement imposed by law for a proposition, including a provision prescribing the proposition language, a proposition submitted to the voters for approval of the issuance of bonds shall specifically state: 1. The total principal amount of the bonds to be authorized, if approved; and 2. A general description of the purposes for which the bonds are to be authorized, if approved. Election Code (e) The Board is authorized to refund or refinance all or any part of any of its outstanding bonds and interest thereon, payable from ad valorem taxes, by issuing refunding bonds payable from ad valorem DATE ISSUED: 9/29/ of 7 UPDATE 91 CCA(LEGAL)-P

7 Laredo ISD LOCAL REVENUE SOURCES BOND ISSUES CCA (LEGAL) taxes in accordance with legal requirements for the issuance. Education Code ; Gov t Code 1207 INSTRUCTIONAL FACILITIES REFUNDING BONDS AUTHORIZED UNISSUED BONDS GUARANTEED BONDS The District may use state funds received under Education Code Chapter 46 to pay principal of and interest on refunding bonds that: 1. Are issued to refund bonds eligible under Section ; 2. Do not have a final maturity date later than the final maturity date of the bonds being refunded; 3. May not be called for redemption earlier than the earliest call date of all bonds being refunded; 4. Result in a present value savings as defined in Education Code Education Code If the District has authorized school bonds for a specific purpose and that purpose has been accomplished by other means or has been abandoned and all or a portion of the authorized bonds remains unissued, the Board may call an election [see BBB] to determine whether the authorized bonds may be issued or sold for a different purpose or purposes specified in the election order. If a majority of those voting at the election favor the sale of the unissued bonds, the Board is authorized to issue the bonds and use the proceeds for the purpose or purposes stated in the election order. Education Code The District may apply to the Commissioner of Education for approval to guarantee bonds issued in accordance with the provisions above or bonds issued under Government Code Chapter 1207, by the corpus and income of the permanent school fund. The application shall include: 1. The name of the District and the principal amount of the bonds to be issued; 2. The name and address of the financial institution designated by the District as its agent for payment of principal and interest for guaranteed bonds; and 3. The maturity schedule, estimated interest rate, and date of the bonds. Education Code , An application must be accompanied by a fee set by rule of the State Board in an amount designed to cover the costs of administering the program to provide the guarantee of eligible bonds. Education Code (c) DATE ISSUED: 9/29/ of 7 UPDATE 91 CCA(LEGAL)-P

8 Laredo ISD LOCAL REVENUE SOURCES BOND ISSUES CCA (LEGAL) If approved, the guarantee of the bonds remains in effect until the date those bonds mature or are defeased in accordance with state law. Education Code CREDIT ENHANCEMENT PROGRAM ELIGIBILITY APPLICATION If the District s application for guarantee of District bonds is rejected, the District may, in accordance with Education Code Chapter 45, Subchapter C and 19 Administrative Code , apply for credit enhancement of bonds described by Education Code by money appropriated for the Foundation School Program, other than money that is appropriated to school districts specifically: 1. As required under the Texas Constitution; or 2. For assistance in paying debt service. The credit enhancement remains in effect until the date the bonds mature or are defeased in accordance with state law. Education Code To be eligible for approval by the Commissioner for credit enhancement: 1. Bonds must be issued in the manner provided by Education Code ; 2. Payments of all of the principal of the bonds must be scheduled during the first six months of the state fiscal year; 3. The District's lowest credit rating from any credit rating agency may not be the same as or higher than that of the School District Bond Enhancement Program; 4. The bonded debt for which the credit enhancement is sought must be structured so that no single annual debt service payment exceeds two times the quotient produced by dividing the total proposed annual debt service, as defined in 19 Administrative Code (b)(10), for the term of the bonds by the number of years in the amortization schedule; and 5. The District must agree in its application that the total annual debt service on bonds approved for the credit enhancement will be paid on or before August 15 of each state fiscal year. Education Code ; 19 TAC (f) A district seeking credit enhancement of eligible bonds shall apply to the Commissioner using a form adopted by the Commissioner for the purpose. The application must: DATE ISSUED: 9/29/ of 7 UPDATE 91 CCA(LEGAL)-P

9 Laredo ISD LOCAL REVENUE SOURCES BOND ISSUES CCA (LEGAL) 1. Include the information required by Education Code (b) and 19 Administrative Code ; and 2. Be accompanied by a fee set by State Board rule in an amount designed to cover the costs of administering the program to provide the credit enhancement of eligible bonds. The District may not submit an application for a guarantee or credit enhancement before the successful passage of an authorizing proposition. If the District does not receive a credit enhancement or for any reason does not receive approval of the bonds from the attorney general within the specified time period, the District may reapply in a subsequent month. Education Code ; 19 TAC (d), (e)(1), (8) USE OF BOND PROCEEDS FOR UTILITIES The proceeds of bonds issued by the District for the construction and equipment of school buildings in the District and the purchase of the necessary sites for school buildings may be used, among other things, to pay the cost of acquiring, laying, and installing pipes or lines to connect with the water, sewer, or gas lines of a municipality or private utility company, whether or not the water, sewer, or gas lines adjoin the school, so that the District may provide its public school buildings the water, sewer, or gas services. Education Code DATE ISSUED: 9/29/ of 7 UPDATE 91 CCA(LEGAL)-P

10 CAPITAL IMPROVEMENT PLAN PROPOSED PRIORITIES PRIORITY 1 Refunding of PFC Issued Bonds $47,170,000 PRIORITY 2 Upgrades/Renovations/Reimbursement/Safety 2A. Zachry Elementary School $14,000,000 2B. Lamar Middle School Final Phase $17,700,000 2C. Civic Center Renovations $11,250,000 2D. Land Acquisition $ 3,880,000 2E. IT Safety/Security $ 5,000,000 Total $99,000,000 Approved:

11 Laredo ISD LOCAL REVENUE SOURCES BOND ISSUES CCA (LEGAL) BONDS AND BOND TAXES INSTRUCTIONAL FACILITY ALLOTMENT EXISTING DEBT ALLOTMENT POLITICAL ADVERTISING The Board may obtain funds to construct, acquire, or equip school buildings, to purchase necessary sites, to purchase new school buses, or to acquire or refinance property financed under a contract entered under the Public Property Finance Act by issuing bonds and assessing annual ad valorem taxes sufficient to pay the principal and interest on the bonds as or before they come due. Education Code (a) All bonds shall be issued in accordance with the Public Security Procedures Act. Gov t Code 1201 Except as provided by Education Code and , a district that issues bonds to construct, acquire, renovate or improve an instructional facility is guaranteed certain state funding to pay principal and interest on eligible bonds under the Instructional Facilities Allotment program, Education Code Chapter 46, Subchapter A. Education Code ; 19 TAC The District is guaranteed certain state funding to pay the principal and interest on eligible bonds under Education Code Chapter 46, Subchapter B. Bonds are eligible if the District made payments on the bonds during the final school year of the preceding state fiscal biennium or taxes levied to pay the principal and interest on the bonds were included in the District s audited debt service collections for that school year, and the District does not receive state assistance under the Instructional Facilities Allotment for payment of the principal and interest on the bonds. Education Code ; 19 TAC No officer or employee of the District shall knowingly expend or authorize the expenditure of District funds for the purpose of political advertising. Funds may be expended, however, for advertising that describes the factual reasons for a measure and does not advocate the passage or defeat of such measure. No officer or employee of the District shall spend or authorize the expenditure of District funds for a communication describing a measure if the communication contains information that: 1. The officer or employee knows is false; and 2. Is sufficiently substantial and important as to be reasonably likely to influence a voter to vote for or against the measure. It is an affirmative defense that the officer or employee reasonably relied on a court order, or an interpretation in a written opinion issued by a court of record, the attorney general, or the Ethics Commission. DATE ISSUED: 9/29/ of 7 UPDATE 91 CCA(LEGAL)-P

12 Laredo ISD LOCAL REVENUE SOURCES BOND ISSUES CCA (LEGAL) On written request of a district that has ordered an election on a measure, the Ethics Commission shall prepare an advance written advisory opinion as to whether a particular communication relating to a measure complies with the section. Election Code [See CPAB] NEWSLETTERS ELECTIONEERING ELECTIONS CALL FOR ELECTION A newsletter of a public officer of the District is not political advertising if: 1. It includes no more than two pictures of a public officer per page and if the total amount of area covered by the pictures is no more than 20 percent of the page on which the pictures appear; 2. It includes no more than eight personally phrased references on a page that is 8 1/2" x 11 or larger, with a reasonable reduction in the number of such personally phrased references in pages smaller than 8 1/2" x 11 ; and 3. When viewed as a whole and in the proper context: a. Is informational rather than self promotional; b. Does not advocate passage or defeat of a measure; and c. Does not support or oppose a candidate for nomination or election to a public office or office of political party, a political party, or a public officer. 1 TAC 26.2 The Board may not use state or local funds or other resources of the District to electioneer for or against any candidate, measure, or political party. Education Code No bonds shall be issued or taxes levied unless approved by a majority of the qualified voters of the District who vote at an election held for such purpose. The election shall be called by Board resolution, which shall set the date, polling places, and propositions to be voted on. The election shall be held on a uniform election date. Education Code (a); Election Code (a) [See BBB] For an election to be held on the date of the general election for state and county officers, the November uniform election date of even-numbered years, the election shall be called not later than the 78th day before the election day. DATE ISSUED: 9/29/ of 7 UPDATE 91 CCA(LEGAL)-P

13 Laredo ISD LOCAL REVENUE SOURCES BOND ISSUES CCA (LEGAL) For an election to be held on a uniform election date other than the date of the general election for state and county officers, the election shall be called not later than the 71st day before election day. Election Code 3.003,.005, [See BBB] NOTICE OF ELECTION POSTING PRECLEARANCE REQUIRED NEW DEBT CURRENT TAXABLE VALUE Notice of each election shall be published not earlier than the 30th day or later than the tenth day before election day in a newspaper of general circulation in the District or a newspaper of general circulation in the territory if none is published in the District. The person responsible for giving the notice must retain a copy of the published notice that contains the name of the newspaper and the date of publication. Election Code 4.003(a)(1), (c),.005 The Board shall also deliver notice of the election to the county clerk of each county in which the District is located not later than the 60th day before election day. Election Code [See BBB] In addition, notice of the election, which must include the location of each polling place, must be posted not later than the 21st day before election day on the bulletin board used for posting notices of Board meetings. The person posting the notice shall make a record at the time of posting stating the date and place of posting. The person shall sign the record and deliver it to the Board after the last posting is made. Election Code 4.003(a)(1), (b), (c), A bond election is subject to federal preclearance requirements to the extent that the District makes changes in the practices or procedures to be followed. Any discretionary setting of the date for a bond election or scheduling of events leading up to or following a bond election is subject to the preclearance requirement. 28 CFR [See BBB] Before issuing bonds, the District must demonstrate to the attorney general that, with respect to the proposed issuance, the District has a projected ability to pay the principal of and interest on the proposed bonds and all previously issued bonds, other than bonds authorized to be issued at an election held on or before April 1, 1991, and issued before September 1, 1992, from a tax at a rate not to exceed $0.50 per $100 of valuation. The District may demonstrate the ability to comply by using the most recent taxable value of property in the District, combined with state assistance to which the District is entitled under Chapter 42 or 46 that may be lawfully used for the payment of bonds. DATE ISSUED: 9/29/ of 7 UPDATE 91 CCA(LEGAL)-P

14 Laredo ISD LOCAL REVENUE SOURCES BOND ISSUES CCA (LEGAL) FUTURE TAXABLE VALUE PROPOSITIONS REFUNDING BONDS AUTHORITY The District may demonstrate the ability to comply by using a projected future taxable value of property in the District anticipated for the earlier of the tax year five years after the current tax year or the tax year in which the final payment is due for the bonds submitted to the attorney general, combined with state assistance to which the District is entitled under Chapter 42 or 46 that may be lawfully used for the payment of bonds. The District must submit a certification of the projected taxable value prepared by a registered, certified professional appraiser who has demonstrated professional experience in projecting taxable values or who can obtain any necessary assistance from an experienced person. The certification of the District s projected taxable value must be signed by the Superintendent. The attorney general must base a determination of whether the District has complied on a taxable value that is equal to 90 percent of the value certified. Education Code Each proposition submitted to authorize the issuance of bonds shall include the question of whether the Board may levy ad valorem taxes either: 1. Sufficient, without limits as to rate or amount, to pay the principal of and interest on said bonds; or 2. Sufficient to pay the principal of and interest on said bonds, provided that the annual aggregate bond taxes in the District shall never exceed the rate stated in the proposition. Education Code (b) In addition to any other requirement imposed by law for a proposition, including a provision prescribing the proposition language, a proposition submitted to the voters for approval of the issuance of bonds shall specifically state: 1. The total principal amount of the bonds to be authorized, if approved; and 2. A general description of the purposes for which the bonds are to be authorized, if approved. Election Code (e) The Board is authorized to refund or refinance all or any part of any of its outstanding bonds and interest thereon, payable from ad valorem taxes, by issuing refunding bonds payable from ad valorem DATE ISSUED: 9/29/ of 7 UPDATE 91 CCA(LEGAL)-P

15 Laredo ISD LOCAL REVENUE SOURCES BOND ISSUES CCA (LEGAL) taxes in accordance with legal requirements for the issuance. Education Code ; Gov t Code 1207 INSTRUCTIONAL FACILITIES REFUNDING BONDS AUTHORIZED UNISSUED BONDS GUARANTEED BONDS The District may use state funds received under Education Code Chapter 46 to pay principal of and interest on refunding bonds that: 1. Are issued to refund bonds eligible under Section ; 2. Do not have a final maturity date later than the final maturity date of the bonds being refunded; 3. May not be called for redemption earlier than the earliest call date of all bonds being refunded; 4. Result in a present value savings as defined in Education Code Education Code If the District has authorized school bonds for a specific purpose and that purpose has been accomplished by other means or has been abandoned and all or a portion of the authorized bonds remains unissued, the Board may call an election [see BBB] to determine whether the authorized bonds may be issued or sold for a different purpose or purposes specified in the election order. If a majority of those voting at the election favor the sale of the unissued bonds, the Board is authorized to issue the bonds and use the proceeds for the purpose or purposes stated in the election order. Education Code The District may apply to the Commissioner of Education for approval to guarantee bonds issued in accordance with the provisions above or bonds issued under Government Code Chapter 1207, by the corpus and income of the permanent school fund. The application shall include: 1. The name of the District and the principal amount of the bonds to be issued; 2. The name and address of the financial institution designated by the District as its agent for payment of principal and interest for guaranteed bonds; and 3. The maturity schedule, estimated interest rate, and date of the bonds. Education Code , An application must be accompanied by a fee set by rule of the State Board in an amount designed to cover the costs of administering the program to provide the guarantee of eligible bonds. Education Code (c) DATE ISSUED: 9/29/ of 7 UPDATE 91 CCA(LEGAL)-P

16 Laredo ISD LOCAL REVENUE SOURCES BOND ISSUES CCA (LEGAL) If approved, the guarantee of the bonds remains in effect until the date those bonds mature or are defeased in accordance with state law. Education Code CREDIT ENHANCEMENT PROGRAM ELIGIBILITY APPLICATION If the District s application for guarantee of District bonds is rejected, the District may, in accordance with Education Code Chapter 45, Subchapter C and 19 Administrative Code , apply for credit enhancement of bonds described by Education Code by money appropriated for the Foundation School Program, other than money that is appropriated to school districts specifically: 1. As required under the Texas Constitution; or 2. For assistance in paying debt service. The credit enhancement remains in effect until the date the bonds mature or are defeased in accordance with state law. Education Code To be eligible for approval by the Commissioner for credit enhancement: 1. Bonds must be issued in the manner provided by Education Code ; 2. Payments of all of the principal of the bonds must be scheduled during the first six months of the state fiscal year; 3. The District's lowest credit rating from any credit rating agency may not be the same as or higher than that of the School District Bond Enhancement Program; 4. The bonded debt for which the credit enhancement is sought must be structured so that no single annual debt service payment exceeds two times the quotient produced by dividing the total proposed annual debt service, as defined in 19 Administrative Code (b)(10), for the term of the bonds by the number of years in the amortization schedule; and 5. The District must agree in its application that the total annual debt service on bonds approved for the credit enhancement will be paid on or before August 15 of each state fiscal year. Education Code ; 19 TAC (f) A district seeking credit enhancement of eligible bonds shall apply to the Commissioner using a form adopted by the Commissioner for the purpose. The application must: DATE ISSUED: 9/29/ of 7 UPDATE 91 CCA(LEGAL)-P

17 Laredo ISD LOCAL REVENUE SOURCES BOND ISSUES CCA (LEGAL) 1. Include the information required by Education Code (b) and 19 Administrative Code ; and 2. Be accompanied by a fee set by State Board rule in an amount designed to cover the costs of administering the program to provide the credit enhancement of eligible bonds. The District may not submit an application for a guarantee or credit enhancement before the successful passage of an authorizing proposition. If the District does not receive a credit enhancement or for any reason does not receive approval of the bonds from the attorney general within the specified time period, the District may reapply in a subsequent month. Education Code ; 19 TAC (d), (e)(1), (8) USE OF BOND PROCEEDS FOR UTILITIES The proceeds of bonds issued by the District for the construction and equipment of school buildings in the District and the purchase of the necessary sites for school buildings may be used, among other things, to pay the cost of acquiring, laying, and installing pipes or lines to connect with the water, sewer, or gas lines of a municipality or private utility company, whether or not the water, sewer, or gas lines adjoin the school, so that the District may provide its public school buildings the water, sewer, or gas services. Education Code DATE ISSUED: 9/29/ of 7 UPDATE 91 CCA(LEGAL)-P

18 ORDER CALLING A BOND ELECTION; PROVIDING FOR THE CONDUCT AND THE GIVING OF NOTICE OF SAID ELECTION; AND RESOLVING OTHER MATTERS RELATED THERETO WHEREAS, the Board of Trustees (the Board ) of the Laredo Independent School District (the District ), located in Webb County, Texas (the County ) finds and determines that it is necessary and advisable to call and hold the election hereinafter ordered pursuant to Subchapter A, Chapter 45, Texas Education Code, as amended, and the Texas Election Code, as amended; WHEREAS, the Board wishes to contract for election services with the Webb County Elections Office, as authorized by Section , as amended, Texas Election Code; and WHEREAS, the District will contract with the Elections Administrator (the Elections Administrator ) of the County to conduct all aspects of the Election; and WHEREAS, the Election will be held jointly with other political subdivisions holding elections concurrently with the election (such other political subdivisions, collectively, the Participants ) pursuant to the provisions of one or more joint election agreements among the District, the County, and the Participants entered into in accordance with the provisions of Section , as amended, Texas Election Code; and WHEREAS, the Board hereby finds and determines that it is in the best interests of the District to enter into an election agreement with the County and the Participants to conduct the Election in accordance with the laws of the State of Texas (the State ) and applicable federal laws; and WHEREAS, the Board hereby finds and determines that the actions herein described are in the best interests of the qualified voters of the District; now, therefore, NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF TRUSTEES OF THE LAREDO INDEPENDENT SCHOOL DISTRICT THAT: Section 1. The statements contained in the preamble of this Order are true and correct and adopted as findings of fact. Section 2. An election shall be held on November 5, 2013 ( Election Day ), in the District, at which election the following propositions shall be submitted in accordance with law: PROPOSITION NO. 1 Shall the Board of Trustees of the Laredo Independent School District (the Board) be authorized to issue bonds of the District in the principal amount of not to exceed $47,170,000 for the purposes of (i) refinancing all or a portion of the principal and/or interest on certain previously issued Lease Revenue Bonds of the Laredo I.S.D. Public Facility Corporation payable from maintenance tax of the District, to-wit: (a) Series 2004A, (b) Series 2004B, (c) Series 2004C, (d) Series 2004D, (e) Series 2004E, and (f) Series 2004F, such bonds to mature serially or otherwise in accordance with law; any issue or series of such bonds to bear interest per annum at such rate or rates (fixed, floating, variable, or otherwise) as may be determined within the discretion of the Board, provided that such rate or rates of interest shall not exceed the maximum rate per 1

19 annum authorized by law at the time of the issuance of any issue or series of such bonds; and shall the Board be authorized to levy and pledge, and cause to be assessed an collected, annual ad valorem taxes on all taxable property in the District sufficient, without limit at 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? PROPOSITION NO. 2 Shall the Board of Trustees of the Laredo Independent School District be authorized to issue and sell bonds of the District not to exceed the total principal amount of $51,830,000 for the purposes of constructing, renovating, acquiring, and equipping school facilities in the District and the acquisition of sites for school facilities; and may the Board of Trustees levy, pledge, assess, and collect 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 such bonds as the principal and interest become due and the costs of any credit agreements executed in connection with the bonds; said bonds to be issued in one or more series or issues, to mature serially or otherwise, not more than 40 years from their date, and to bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, as the Board of Trustees in its discretion shall determine? Section 3. The District election precincts hereby established for the purpose of holding the Election, the polling places hereby designated for holding the Election in the District election precincts, and the Presiding Judge and the Alternate Presiding Judges hereby appointed for holding the Election in the District election precincts are identified in Exhibit A to this Order (which is incorporated herein by reference for all purposes). At least 63 days prior to the scheduled Election Day, the President, Board of Trustees, the Superintendent of Schools, or the respective designees thereof, will identify and formally approve the appointment of the Presiding Judge, Alternate Presiding Judges, Election clerks, and all other election officials for the Election, together with any other necessary changes to election practices and procedures, and can correct, modify, or change the Exhibits to this Order based upon the final location and times agreed upon by the Elections Administrator, the District, and the Participants. Section 4. The Presiding Judges, shall appoint not less than two (2) resident qualified voters of the District to acts as clerks, as amended, or other applicable law, the appointment of these clerks must include a person fluent in the Spanish language to serve as clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on Election Day. If the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. In the absence of the Presiding Judge, the Alternate Presiding Judge shall perform the duties of the Presiding Judge of the election precinct. On Election Day, the polls shall be open as designated on Exhibit A. The main early voting locations are designated in Exhibit B to this Order (which is incorporated herein by reference for all purposes). The Elections Administrator is hereby appointed as the Early Voting Clerk to conduct such early voting in the election. The Early Voting Clerk shall appoint the Deputy Early Voting Clerks. This office or place shall remain open to permit early voting each day as stated in Exhibit B. Early voting shall commence as provided on Exhibit B and continue through the date set forth on Exhibit B, all as provided by the provisions of the Texas Election Code, as amended. Permanent branch offices for early voting by personal appearance shall be maintained at the locations and 2

20 times designated on Exhibit B during the early voting period noted above. Early Voting by mail shall be conducted, in addition to any other manner permitted by law, by making application for ballots with the Early Voting Clerk at Post Office Box 233, Laredo, Texas , which is hereby designated as a place at which Early Voting by mail be conducted. Additional temporary branch offices (including mobile units) for Early Voting by personal appearance shall be established and maintained in accordance with the Texas Election Code. The locations, dates, and hours of operation for Early Voting at these temporary branch offices are identified in Exhibit B hereto; this exhibit is incorporated by reference for all purposes. Changes for judges and clerks will be amended as necessary in accordance with the Texas Election Code. An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. Armando Lopez is hereby appointed the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge shall appoint not less than two (2) resident qualified voters of the District to serve as members of the Early Voting Ballot Board. Section 5. 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, which shall be set forth substantially as follows: PROPOSITION NO. 1 THE ISSUANCE OF $47,170,000 OF SCHOOL BUILDING BONDS FOR THE PURPOSES OF (I) REFINANCING ALL OR A PORTION OF THE PRINCIPAL AND/OR INTEREST ON CERTAIN PREVIOUSLY ISSUED LEASE REVENUE BONDS OF THE LAREDO I.S.D. PUBLIC FACILITY CORPORATION, TO-WIT: (A) SERIES 2004A, (B) SERIES 2004B, (C) SERIES 2004C, (D) SERIES 2004D, (E) SERIES 2004E, AND (F) SERIES 2004F, AND THE LEVYING OF A TAX IN PAYMENT THEREOF PROPOSITION NO. 2 THE ISSUANCE OF $51,830,000 LAREDO INDEPENDENT SCHOOL DISTRICT BONDS FOR THE PURPOSES OF CONSTRUCTING, RENOVATING, ACQUIRING, AND EQUIPPING SCHOOL FACILITIES IN THE DISTRICT AND THE ACQUISITION OF SITES FOR SCHOOL FACILITIES, AND THE LEVYING OF A TAX IN PAYMENT THEREOF Section 6. Voting machines may be used in holding and conducting the Election on Election Day; provided, however, that if the use of voting machines is not practicable, then in that event, electronic voting devices may be used in conducting the Election on Election Day; provided however, in the event the use of such electronic voting devices is not practicable, the Election may be conducted on Election Day by the use of paper ballots. Voting machines, electronic voting devices, or paper ballots may be used for Early Voting by personal appearance. Paper ballots may be used for Early Voting by mail. The District shall also utilize a Central Counting Station (the Station ) as provided by Section , et seq.,as amended, Texas Election Code. The Elections Administrator is hereby appointed as the Manager and Armando Lopez as Presiding Judge of the Station and may appoint Station clerks and establish a written plan for the orderly operation of the Station in accordance with the provisions of the Texas Election Code. The District hereby appoints John Orness, III as Tabulation Supervisor. Lastly, the 3

21 District, Elections Administrator, or its agent, will publish notice and conduct instruction testing on the automatic tabulation equipment relating to the Station and conduct instruction for the officials and clerks for the Station in accordance with the provisions of the Texas Election Code. The District will provide at least one accessible voting system in each polling place that complies with state and federal laws setting the requirements for voting systems that permit voters with physical disabilities to cast a secret ballot. Section 7. 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. Section 8. All resident, qualified voters of the District shall be permitted to vote at the Election, and on Election Day, such voters shall vote at the designated polling places. The Election shall be held and conducted in accordance with the provisions of the Texas Election Code, as amended, except as modified by the provisions of the Texas Education Code, as amended, and as may be required by law. Section 9. A Notice of the Election (the Notice ) shall be given as provided by law. The Notice, including a Spanish translation thereof, shall be published at least one time in a newspaper of general circulation in the District, and the publication of the Notice of Election shall occur in newspaper not more than thirty (30) days and not less than ten (10) days before the day of the Election. Additionally, a copy of the Notice (along with a copy of this Order) shall be posted on the bulletin board used for posting notices of District meetings not later than twenty-one (21) days prior to Election Day. Section 10. The Board authorizes the President, Board of Trustees, the Superintendent of Schools, or the respective designees thereof, to negotiate and enter into a joint election agreement or agreements with the County, through the elections Administrator and the Participants, in accordance with the provisions of the Texas Election Code, as amended, and to make such technical modifications to this Order that are necessary for compliance with applicable Texas or federal law or to carry out the intent of the Board, as evidenced herein. Section 11. The recitals contained in the preamble hereof are found to be true, and such recitals are hereby made part of this Order for all purposes and are adopted as part of the judgment and findings of the Board. Section 12. All orders and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Order are hereby repealed to the extent of such conflict, and the provisions of this Order shall be and remain controlling as to the matters ordered herein. Section 13. This Order shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 14. If any provision of this Order or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Order and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Board herby declares that this Order would have been enacted without such valid provision. Section 15. It is officially found, determined, and declared that the meeting at which this Order is adopted was open to the public notice of the time, place, and subject matter of the public business to be 4

22 considered at such meeting, including this Order, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 16. This Order shall be in force and effect from and after its final passage, and it is so ordered. PASSED AND APPROVED, this the 19th day of August, /s/ John Amaya Secretary, Board of Trustees /s/ Hector J. Garcia President, Board of Trustees 5

23 EXHIBIT A Webb County Elections Administration November 5, 2013 Const. Amendment / Bond / Special Elections Polling Sites Pct. No. Regular Election Day Site Address City Pct. No. 401 Senior Citizens Home 700 Juarez Ave. Laredo, Tx McDonell Elementary School 1606 Benavides St. Laredo, Tx Laredo Civic Center 2400 San Bernardo Ave. Laredo, Tx Richter Courts Hall 1600 Circle Dr. Laredo, Tx Farias Elementary School 1510 Chicago St. Laredo, Tx Santa Maria Elementary 3801 Santa Maria Ave. Laredo, Tx Christ Miracle Center 4400 Sanders Ave. Laredo, Tx Alma Pierce Elementary 800 E. Eistetter St. Laredo, Tx Sanchez / Ochoa Elem. School 211 E. Ash St. Laredo, Tx Don Jose Gallego Elem. School 520 Clark Blvd. Laredo, Tx Bruni Elementary School 1502 San Eduardo Ave. Laredo, Tx Memorial Middle School 2002 Marcella Ave. Laredo, Tx Salvation Army Bldg 408 Matamoros St. Laredo, Tx Heights Elementary School 1200 Market St. Laredo, Tx Nixon High School Annex 2900 N. Malinche Ave. Laredo, Tx Milton Elementary School 2502 E. Elm St. Laredo, Tx F. S. Lara Academy 2901 E. Travis St. Laredo, Tx Christ Church Episcopal 2320 E. Lane St. Laredo, Tx Lamar Middle School 1818 N. Arkansas Ave. Laredo, Tx Daiches Elementary School 1401 Green St. Laredo, Tx St. Joseph Church Hall 110 N. Meadow Ave. Laredo, Tx 124 A-1

24 128 Templo Revelacion 1102 S. Meadow Ave. Laredo, Tx Santo Nino Elementary 2702 Bismark St. Laredo, Tx Cigarroa High School 2600 Zacatecas St. Laredo, Tx E. Salinas Community Ctr. 917 N. Main Mirando City, Tx Bruni Community Center 303 E. 12th St. Bruni, Tx Laredo Medical Center 1700 E. Saunders St. Laredo, Tx Lamar Bruni Vergara City Park 202 W. Plum St. Laredo, Tx 453 Election Day Sites A-2

25 EXHIBIT B EARLY VOTING SCHEDULE NOVEMBER 5, 2013 JOINT AMENDMENT / SPECIAL ELECTIONS SECTION 1. MAIN EARLY VOTING SITE. Billy Hall Jr. Administrative Building, 1110 Washington St. (Edificio Administrativo de Billy Hall, Jr.) Monday, Oct. 21 thru Friday, Oct. 25, 2013 Saturday, Oct. 26, 2013 Monday, Oct. 28 thru Wednesday, Oct. 30, 2013 Thursday, Oct. 31 & Friday, Nov. 01, :00 am - 5:00 pm 10:00 am - 7:00 pm 8:00 am - 5:00 pm 8:00 am - 8:00 pm SECTION 2. PERMANENT BRANCH EARLY VOTING SITES. Finley Elementary School, 2001 Lowry Rd. (Escuela Primaria Finley) Monday, Oct. 21 thru Friday, Oct. 25, 2013 Saturday, Oct. 26, 2013 Monday, Oct. 28 thru Wednesday, Oct. 30, 2013 Thursday, Oct. 31 & Friday, Nov. 01, :00 am - 5:00 pm 10:00 am - 7:00 pm 8:00 am - 5:00 pm 8:00 am - 8:00 pm Providence Health Center, 230 Calle Del Norte, Laredo, Tx (Providence Centro de Salud) Monday, Oct. 21 thru Friday, Oct. 25, :00 am - 7:00 pm Saturday, Oct. 26, :00 am - 7:00 pm Monday, Oct. 28 thru Wednesday, Oct. 30, :00 am - 7:00 pm Thursday, Oct. 31 & Friday, Nov. 01, :00 am - 8:00 pm B-1

26 City Hall Annex Bldg., 1102 Bob Bullock Lp., Laredo, Tx (Edificio Anexo Del Ayuntamiento) Monday, Oct. 21 thru Friday, Oct. 25, 2013 Saturday, Oct. 26, 2013 Monday, Oct. 28 thru Wednesday, Oct. 30, 2013 Thursday, Oct. 31 & Friday, Nov. 01, :00 am - 7:00 pm 10:00 am - 7:00 pm 10:00 am - 7:00 pm 8:00 am - 8:00 pm Cigarroa Recreation Center, 2201 Zacatecas St., Laredo, Tx (Centro de Recreación Cigarroa) Monday, Oct. 21 thru Friday, Oct. 25, 2013 Saturday, Oct. 26, 2013 Monday, Oct. 28 thru Wednesday, Oct. 30, 2013 Thursday, Oct. 31 & Friday, Nov. 01, :00 am - 7:00 pm 10:00 am - 7:00 pm 10:00 am - 7:00 pm 8:00 am - 8:00 pm SECTION 3. TEMPORARY BRANCH EARLY VOTING SITES Leyendecker Elementary, 1311 Garden St., Laredo, Tx (Escuela Primaria Leyendecker) Monday, Oct. 21 thru Friday, Oct. 25, 2013 Saturday, Oct. 26, 2013 Monday, Oct. 28 thru Wednesday, Oct. 30, 2013 Thursday, Oct. 31 & Friday, Nov. 01, :00 am - 5:00 pm 10:00 am - 7:00 pm 8:00 am - 5:00 pm 8:00 am - 8:00 pm Milton Elementary School, 2502 E. Elm St., Laredo, Tx (Escuela Primaria Milton) Monday, Oct. 21 thru Friday, Oct. 25, 2013 Saturday, Oct. 26, 2013 Monday, Oct. 28 thru Wednesday, Oct. 30, 2013 Thursday, Oct. 31 & Friday, Nov. 01, :00 am - 5:00 pm 10:00 am - 7:00 pm 8:00 am - 5:00 pm 8:00 am - 8:00 pm B-2