ORDER CALLING BOND ELECTION AND CONTAINING OTHER MATTERS RELATED THERETO

Transcription

1 ORDER CALLING BOND ELECTION AND CONTAINING OTHER MATTERS RELATED THERETO THE STATE OF TEXAS COUNTY OF MONTGOMERY WHEREAS, pursuant to the provisions of Article 3, Section 52(c) of the Texas Constitution, Chapters 1251 and 1471, Texas Government Code, as amended, the Texas Election Code and other related statutes, the Commissioners Court of Montgomery County, Texas (the County ) deems it advisable to hold an election in order to submit to the voters of the County a proposition regarding the issuance of general obligation bonds for road purposes; WHEREAS, pursuant to Section 271, Texas Election Code, as amended, the Commissioners Court is authorized to enter into joint election agreements with other political subdivisions also conducting a general or special election on the same date as the County election; WHEREAS, the Commissioners Court deems it advisable to call a bond election for the proposition hereinafter stated; WHEREAS, the Commissioners Court hereby finds that consolidating the County s voting precincts will adequately serve all voters of the consolidated precincts; and WHEREAS, the Commissioners Court finds that at least one consolidated precinct is situated wholly within each Commissioners precinct; THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF MONTGOMERY COUNTY, TEXAS: Section 1. All of the facts recited in the preamble hereof are hereby found and determined to be true and correct. Section 2. An election shall be held in the County on the 3 rd day of November, 2015, a uniform election date, which date is seventy-one (71) or more days from the date of the adoption of this order (the Order ) and which date is not less than fifteen (15) or more than ninety (90) days from the date of the adoption of this Order, in which all resident, qualified electors of the County shall be entitled to vote, and the Commissioners Court hereby finds that holding the election on such date is in the public interest. The election shall be held as a joint election pursuant to Chapter 271, Texas Election Code, as amended, and a joint election agreement to be entered into between the County and other political subdivisions located in Montgomery County which are holding an election on November 3, Polls on the date of the election shall be open for voting from 7:00 a.m. to 7:00 p.m. at the polling places in the county election precincts herein and heretofore established. The polling place for each election precinct is set forth in Exhibit A attached hereto and made a part hereof for all purposes, and such polling places are hereby designated as such for the election.

2 Section 3. At the election the following proposition (the Proposition ) shall be submitted in accordance with law: PROPOSITION SHALL THE COMMISSIONERS COURT OF MONTGOMERY COUNTY, TEXAS, BE AUTHORIZED TO ISSUE AND SELL UNLIMITED TAX BONDS OF THE COUNTY IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $280,000,000 FOR THE PURPOSE OF THE CONSTRUCTION, PURCHASE, MAINTENANCE, AND OPERATION OF MACADAMIZED, GRAVELED OR PAVED ROADS AND TURNPIKES, OR IN AID THEREOF, WITHIN MONTGOMERY COUNTY, TEXAS, MATURING SERIALLY OR OTHERWISE WITHIN 30 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH RATE OR RATES AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE COMMISSIONERS COURT, PROVIDED THAT SUCH RATE OF INTEREST SHALL NOT EXCEED THE MAXIMUM RATE PER ANNUM AUTHORIZED BY LAW AT THE TIME OF THE ISSUANCE OF ANY ISSUE OR SERIES OF THE BONDS; AND SHALL THE COMMISSIONERS COURT OF THE COUNTY BE AUTHORIZED TO LEVY AND PLEDGE, AND CAUSE TO BE ASSESSED AND COLLECTED, ANNUAL AD VALOREM TAXES PURSUANT TO THE PROVISIONS OF ARTICLE 3, SECTION 52(c) OF THE TEXAS CONSTITUTION ON ALL TAXABLE PROPERTY IN MONTGOMERY COUNTY, TEXAS, SUFFICIENT TO PAY THE ANNUAL INTEREST AND PROVIDE A SINKING FUND TO PAY BONDS AT MATURITY? Section 4. The official ballot for the 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 on such ballot substantially as follows: OFFICIAL BALLOT PROPOSITION [ ] FOR ) THE ISSUANCE OF $280,000,000 ) ROAD BONDS AND THE LEVYING [ ] AGAINST ) OF THE TAX IN PAYMENT THEREOF Section 5. Electronic voting system, as defined and described by Title 8, Texas Election Code, shall be used for said election, and the following are hereby appointed officers of said election to serve at the Central Counting Station: Manager of the Central Counting Station: Tabulation Supervisor: Presiding Judge for the Central Counting Station: Alternate Judge for the Central Counting Station: Suzie Harvey Matthew Murray Dorothy Woodall Bruce Barnes 2

3 Presiding Judge of Early Voting Ballot Board: Dorothy Woodall The Manager and Presiding Judge of the Central Counting Station may appoint clerks to serve at the Central Counting Station. Early voting shall be conducted by a clerk for early voting, Suzie Harvey, Elections Administrator, and the following location is hereby designated as the place for early voting by personal appearance for said election: Lee G. Alworth Building 207 W. Phillips Conroe, Texas Requests for applications for a ballot to be voted by mail should be sent to: Suzie Harvey, Elections Administrator P.O. Box 2646 Conroe, Texas In addition, pursuant to Section and , Election Code, early voting by personal appearance shall be conducted at the following permanent and temporary branch polling places listed in Exhibit B attached hereto and made a part hereof for all purposes, and such permanent and temporary branch polling places are hereby designated as such for the election. Early voting by personal appearance shall begin on October 19, 2015, and end on October 30, The early voting clerk shall keep the places for early voting open for early voting from 8:00 a.m. to 5:00 p.m. from Monday, October 19, 2015 through and including Saturday, October 24, 2015 and from Monday, October 26, 2015 through and including Wednesday, October 28, 2015, and from 7:00 a.m. to 7:00 p.m. on Thursday, October 29, 2015 and on Friday, October 30, Notice of such election shall be given by posting a copy of this election order, in English and Spanish, not less than 21 days prior to the date set for the election: (i) on the bulletin board at the County Courthouse used for posting notices of Commissioners Court meetings; (ii) at three other public places in the County; and (iii) in a prominent manner on the County s Internet website. In addition, a copy of this election order, in both English and Spanish, shall be posted in a prominent location at each polling place on election day and during early voting by personal appearance. Finally, a substantial copy of this election order, in English and Spanish, also shall be published on the same day in each of two successive weeks in a newspaper of general circulation published in the County, the date of the first publication to be not more than 30 days and not less than 14 days prior to the date set for the election. Section 6. In the event that the County Judge shall determine from time to time that (a) a polling place hereafter designated shall become unavailable or unsuitable for such use, or it would be in the County s best interests to relocate such polling place, or (b) a designated presiding judge or alternate presiding judge shall become unqualified or unavailable, the County Judge is hereby authorized to designate and appoint in writing a substitute polling place, 3

4 presiding judge or alternate presiding judge, giving such notice as is required by the Texas Election Code and as otherwise deemed sufficient. Section 7. As required by and in accordance with Section 3.009(b)(5) and (7) through (9) of the Texas Election Code, added by the 83rd Texas Legislature, the County, as of its fiscal year beginning September 1, 2014, had outstanding an aggregate principal amount of debt equal to $421,115,000; the aggregate amount of the interest owed on such County debt obligations, through respective maturity, totaled $190,353,816; and the County levied an ad valorem debt service tax rate for its outstanding debt obligations for the current fiscal year of $ per $100 of taxable assessed valuation. The County estimates an ad valorem debt service tax rate of $ per $100 of taxable assessed valuation if the bonds that are subject of the election are approved and are issued (taking into account the outstanding County bonds and bonds that are the subject of this election, but not future bond authorizations of the County). This is only an estimate provided for Texas statutory compliance and does not serve as a limitation on any County ad valorem debt service tax rate. Section 8. In all matters relating to the ordering, giving notice, and holding the election, the County shall comply with the applicable parts of the Texas Election Code, including particularly Chapter 272 of the Texas Election Code pertaining to bilingual requirements, and, to the extent applicable, the Federal Voting Rights Act of 1965, as amended. Section 9. It is hereby officially found and determined that notice of the meeting at which this order is adopted was given as required by the Texas Open Meetings Act, and that such meeting has been open to the public at all times when this order was discussed and acted on. Section 10. This order shall take effect immediately upon adoption. 4

5 PASSED AND APPROVED the 24 th day of August, County Judge Commissioner, Precinct No. 1 Commissioner, Precinct No. 2 Commissioner, Precinct No. 3 ATTEST: _ Commissioner, Precinct No. 4 County Clerk 5

6 Exhibit A Consolidated Polling Locations November 3, 2015

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8 Exhibit B Permanent and Temporary Branch Early Voting Locations October 19 October 24 Monday Saturday 8:00 am 5:00 pm October 26 October 28 Monday Wednesday 8:00 am 5:00 pm October 29 October 30 Thursday Friday 7:00 am 7:00 pm Election Central (Special Forms of Early Voting, and Ballot by Mail only) 9159 Airport Road - Conroe, Texas Lee G. Alworth Building (Montgomery County Administration Annex) 207 West Phillips - Conroe, Texas Magnolia Community Building 422 Melton Street - Magnolia, Texas South County Community Building 2235 Lake Robbins Drive - The Woodlands, Texas North Montgomery County Community Center 600 Gerald Street - Willis, Texas East County Courthouse Annex U. S. Highway 59 South - New Caney, Texas Lone Star Community Center 2500 Lone Star Parkway - Montgomery, Texas 77356