LOCAL CONSOLIDATION AGREEMENT BY AND BETWEEN ROXTON INDEPENDENT SCHOOL DISTRICT AND CHISUM INDEPENDENT SCHOOL DISTRICT

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1 STATE OF TEXAS COUNTY OF LAMAR LOCAL CONSOLIDATION AGREEMENT BY AND BETWEEN ROXTON INDEPENDENT SCHOOL DISTRICT AND CHISUM INDEPENDENT SCHOOL DISTRICT This Agreement ) is made by and between ROXTON INDEPENDENT SCHOOL DISTRICT ( Roxton ISD ) and CHISUM INDEPENDENT SCHOOL DISTRICT ( Chisum ISD ) (collectively, the Consolidating Districts ). The Consolidating Districts do hereby agree to organize and create a consolidated independent school district as follows: The Consolidating Districts wish to create, in accordance with applicable Texas law, a single consolidated independent school district to serve the students and families of their respective communities by combining the territories of the Roxton ISD and the Chisum ISD. The Consolidating Districts are authorized by Subchapter D of Chapter 13, Texas Education Code, to consolidate into a single school district. The Consolidating Districts are authorized by Section , Texas Education Code, to enter into a local consolidation agreement to establish the terms and conditions under which the Roxton ISD and the Chisum ISD are to be consolidated. The Consolidating Districts have determined that consolidation of the two districts as provided in this is in the best educational interests of the students who reside in the Chisum ISD and the Roxton ISD, and who in the future are expected to reside in the consolidated district contemplated in the Agreement, and that the social, economic, and educational effects of the proposed boundary change favor the consolidation of the two districts. NOW, THEREFORE, in consideration of the mutual promises and conditions contained in this Agreement, the Consolidating Districts agree as follows: 1. Posting of Agreement This Agreement shall be made available for public inspection during regular business hours in the central administrative offices of each of the Consolidating Districts from September 18, 2018, to the date of the consolidation election. Copies of the Agreement will be available to the public on request at the central administrative offices of the Consolidating Districts. The posting addresses are: Page 1 of 7

2 Roxton ISD Chisum ISD 303 Denton Street Roxton, Texas Church Street Paris, TX Amendment of Agreement. Not later than 30 days before the consolidation election is held, the boards of trustees of the districts to be consolidated may amend the local consolidation agreement. After a successful election to consolidate, the local consolidation agreement may not be amended for five years following the effective date of consolidation. All amendments to this Agreement before the consolidation election must be completed no later than April 4, Schedule of Public Hearings Public hearings will be duly noticed and held in each of the Consolidating Districts as follows, at which interested persons may present comments related to this Agreement or amendments thereto: a. : Roxton ISD 6:30 PM, November 26, 2018 Roxton ISD Board Meeting Room 303 Denton Street Roxton, Texas Chisum ISD 5:45 PM, October 15, 2018 Chisum ISD Board Meeting Room 3250 Church Street Paris, TX b. Amendments to : Roxton ISD 6:30 PM, December 17, 2018 Roxton ISD Board Meeting Room 303 Denton Street Roxton, Texas Chisum ISD 5:45 PM, November 12, 2018 Chisum ISD Board Meeting Room 3250 Church Street Paris, TX Page 2 of 7

3 4. Election Order and Notice The Board of Trustees of the Roxton ISD and the Board of Trustees of the Chisum ISD shall each respectively issue an order and give notice as provided by law for an election to be held on the 4 th day of May, 2019, in each of the two districts. The ballot in each election shall be printed to permit voting for or against the proposition: CONSOLIDATION OF ROXTON INDEPENDENT SCHOOL DISTRICT AND CHISUM INDEPENDENT SCHOOL DISTRICT INTO A SINGLE SCHOOL DISTRICT UNDER A LOCAL CONSOLIDATION AGREEMENT. 5. Canvass, Result. Each board of trustees shall canvass the returns of the election in its district and shall publish the results separately for each district. If the votes cast in both districts show a majority in each district voting in favor of the consolidation, each board of trustees shall declare the districts consolidated. 6. Termination if Election Fails. If the votes cast in either district or in both districts show a majority voting against the consolidation, then this Agreement shall terminate and be of no further effect. 7. Status. The consolidated district shall be an independent school district. 8. Name. The consolidated district shall be called the Chisum Independent School District ( Chisum ISD ): 9. Governance. a. Mascot. The official mascot will be the Mustang. b. School Colors. The school colors will be Red and Gray. c. School Song. Chisum School Song. a. The Board of Trustees of the Chisum Independent School District, as constituted before the consolidation, will serve as the Board of Trustees for the consolidated district, and the Roxton Independent School District Board of Trustees will be dissolved. Except as herein provided in subparagraph 9 b and c, the election, powers, duties, and terms of office of the trustees of the consolidated district shall be governed by Chapter 11, Texas Education Code, and other provisions of Texas law. Page 3 of 7

4 b. On the effective date of the consolidation, the terms of the individual trustees of the consolidated board, as constituted before the consolidation, shall be extended by three years as follows: Trustee Date Elected Current Term Ends Extended Term ends Travis Ball May 7, 2015 May 2019 May 2022 Matt Patterson May 7, 2016 May 2019 May 2022 Craig Burns May 6, 2017 May 2020 May 2023 Dashielle Floyd May 6, 2017 May 2020 May 2023 Paul Hutto May 5, 2018 May 2021 May 2024 Larry Rickman May 5, 2018 May 2021 May 2024 James Weems May 5, 2018 May 2021 May 2024 c. At any time after the effective date of the consolidation, the consolidated board may order that trustees of the district are to be elected from single-member trustee districts as provided in Section , Texas Education Code. 10. Title to Property; Assumption of Debt. Title to all property of the former Roxton Independent School District and the former Chisum Independent School District shall vest in the Chisum CISD, and the consolidated district shall assume and be liable for the outstanding indebtedness of the Roxton Independent School District and the former Chisum Independent School District. On or before the effective date of the consolidation, the board of trustees of the Roxton ISD shall pass a resolution authorizing conveyance by deed or assignment to the consolidated district good title to the real property, bank accounts, vehicles, and other personal property of the Roxton ISD. 11. Inventory; Possession of Personal Property. Roxton ISD shall within ten (10) days after the election provide to Chisum ISD a written inventory of all real property, bank accounts, securities, vehicles, and other personal property owned by Roxton ISD ( Roxton Assets ) and shall provide another like inventory on the last day of instruction at Roxton ISD for the school year. Upon ten (10) days written request to Roxton ISD which shall not unreasonably be refused, Chisum ISD may take possession after that last day of instruction of such Roxton Assets as may reasonably be necessary or desirable for future operations of the consolidated district, provided that there shall be no interference with the remaining Page 4 of 7

5 operations of the Roxton ISD up to the effective date of the consolidation on July 1, Education of Particular Grades. The consolidated district shall educate students in grades Pre-Kindergarten through Grade 12 residing within the district boundaries of the former Roxton Independent School District and the former Chisum Independent School District. 13. Continuation of Chisum ISD Campuses. The consolidated district shall continue to maintain and operate all the campuses presently in the Chisum Independent School District but will not be obligated to operate any campuses or buildings within the former Roxton Independent School District. All grades of the consolidated school district will be located where they are presently being taught in the Chisum ISD. 14. Effective Date of Consolidation. The effective date of the consolidation shall be July 1, Donation of Former Roxton ISD Real Properties. Within thirty (30) days after the effective date of the consolidation, the Consolidated Board shall pass a resolution donating to the Roxton Community Development Association the real properties of the former Roxton ISD more particularly described on the schedule attached and made a part hereof as Exhibit B (the Subject Properties ). If for any reason a satisfactory arrangement cannot be made for donation of the Subject Properties to the Roxton Community Development Association, the Consolidated Board may in its discretion donate the Subject Properties to any other qualified donee as provided by law. While the Former Roxton ISD Real Properties are awaiting donation, the Chisum Consolidated ISD shall maintain said properties in as good or better condition as they were on the effective date of the consolidation and permit no waste thereof. 16. General Provisions. a. This document is the entire Agreement between the parties and shall be binding upon all the parties, and their respective school trustees, school administrators and employees, and their successors and assigns. b. This Agreement is performable entirely in Lamar County, Texas, and shall be governed, construed, and enforced under the laws of the State of Texas The parties shall attempt to resolve claims and disputes relating to this Agreement, or its breach, through direct discussions or, if those discussions fail, through non-binding alternative dispute resolution as provided in Chapter 154, Texas Civil Practice and Remedies Code. If the claim or dispute is unresolved after the non-binding alternative dispute Page 5 of 7

6 resolution, it shall be resolved in accordance with the laws of the State of Texas. Mandatory and exclusive venue for any lawsuit or adjudicative proceeding brought by either party to this contract shall be in Lamar County, Texas. c. This Agreement may be executed in identical counterparts, each which shall be deemed an original for all purposes. All the parties further agree to execute any and all documents necessary to effectuate the intent and purposes of this Agreement. This Agreement supersedes all prior oral or written agreements, arrangements, or understandings between the parties that relate to any of the subject matter of this Agreement. This Agreement may be modified or terminated only in writing, executed by all the parties hereto. d. By the execution and delivery of this Agreement, the undersigned individuals warrant that they have been duly authorized by all requisite administrative action required to enter into and perform the terms of this Agreement. 17. Effective Date of Agreement. The effective date of this Agreement is September 17, [Remainder of this page intentionally left blank.] Page 6 of 7

7 EXECUTED AND DELIVERED by and between the Consolidating Districts, as of the dates written below. ROXTON INDEPENDENT SCHOOL DISTRICT ATTEST: Michael Bush, President Shannon McGuire, Secretary CHISUM INDEPENDENT SCHOOL DISTRICT ATTEST: Travis Ball, President James Weems, Secretary Page 7 of 7

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