A G E N D A I T E M S Resolution calling special election on the question of levying a voter approved physical plant and equipment property tax This Agenda Item must be posted pursuant to Iowa Code Chapter 21 and the Local Rules of the School District. 1
July 15, 2002 The Board of Directors of the College Community School District in the Counties of Benton, Linn, and Johnson, State of Iowa, met in session, in the Board Room, Cedar Rapids, Iowa, at 7:30 o'clock P.M. on the above date. There were present President in the chair, and the following Board Members: Absent: * * * * * * * * * 1
The President of the Board called the meeting to order. The Superintendent presented his recommendation that an election be called on the question of levying a voter approved physical plant and equipment property tax. Director introduced the following Resolution and moved its adoption. Director seconded the motion to adopt. The roll call was called; the vote was: AYES: NAYS: The President declared the Resolution adopted as follows: RESOLUTION CALLING SPECIAL ELECTION ON THE QUESTION OF LEVYING A VOTER APPROVED PHYSICAL PLANT AND EQUIPMENT PROPERTY TAX WHEREAS, this Board has determined that an election should be called on the question of levying a voter approved physical plant and equipment property tax; NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF DIRECTORS OF THE COLLEGE COMMUNITY SCHOOL DISTRICT IN THE COUNTIES OF BENTON, LINN, AND JOHNSON, STATE OF IOWA: Section 1. A special election of the qualified electors of the College Community School District in the Counties of Benton, Linn, and Johnson, State of Iowa, is called on September 10, 2002, to submit to the qualified electors of the District the following question: Shall the Board of Directors of the College Community School District, in the Counties of Linn, Johnson, and Benton, State of Iowa, be authorized for a period of ten (10) years, to continue to levy annually, as determined by the Board, a voter-approved physical plant and equipment property tax not to exceed Sixty- 2
Seven Cents (67 Cents) per One Thousand Dollars ($1,000) of the assessed valuation of the taxable property within the School District, commencing with the levy for collection in the fiscal year ending June 30, 2005, to be used for the purchase and improvement of grounds; the construction of schoolhouses or buildings and opening roads to schoolhouses or buildings; the purchase of buildings and the purchase of equipment; the payment of debts contracted for the erection or construction of schoolhouses or buildings, not including interest on bonds; procuring or acquisition of libraries; repairing, remodeling, reconstructing, improving, or expanding the schoolhouses or buildings and additions to existing schoolhouses; expenditures for energy conservation; the rental of facilities under Chapter 28E; lease purchase option agreements for school buildings; or equipment purchases for recreational purposes; it being understood that if this proposition should fail to be approved by the voters, such failure shall not be construed to terminate or restrict authority previously granted by the voters to levy a special tax for any one or more of the foregoing purposes? Section 2. That the precincts and voting places for the election and the hours the polls are to be opened and closed will be set out in the "Notice of Election" to be prepared and approved by the County Commissioner of Elections. Section 3. That the ballot form used at the election be prepared in accordance with the provisions of the Iowa Code and Iowa Administrative Rules to permit counting and tabulation by use of an electronic voting counter. Section 4. That the Election Board for the voting precinct or precincts be appointed by the County Commissioner of Elections, not less than 15 days before the date of the election, a certified copy of which appointment must be officially placed on file in the office of the Secretary. Section 5. Linn County, Iowa, is the control county of this School District; this election will be conducted by the County Auditor as Commissioner of Elections. Section 6. The Commissioner of Elections is requested and directed to make publication of the Notice of Election at least once, not less than four days nor more than twenty days prior to the date of the election, in a legal newspaper, printed wholly in the English language, as defined by Iowa Code section 618.3. This notice must be in 3
substantially the form attached to this Resolution with changes, insertions, deletions, and filling in of blanks as are approved by the Commissioner of Elections. Section 7. The Cedar Rapids Gazette, Cedar Rapids, Iowa, a legal newspaper as defined above, is published within the District and is hereby designated to make the publication of the Notice of Election. Section 8. That the County Commissioner of Elections shall prepare all ballots and election registers and other supplies as necessary for the proper and legal conduct of this election and the Secretary of the Board is authorized and directed to cooperate with the Commissioner of Elections and to prepare all of the necessary proceedings. Section 9. That the Secretary is directed to file a certified copy of this Resolution in the Office of the County Commissioner of Elections to constitute the "written notice" to the County Commissioner of Elections of the election date, required to be given by the governing body under the provisions of Iowa Code Chapter 47. PASSED AND APPROVED, this 15 th day of July, 2002. ATTEST: PRESIDENT, Board of Directors SECRETARY, Board of Directors 4
CERTIFICATE STATE OF IOWA ) ) SS: COUNTY OF LINN ) I, the Secretary of the Board of Directors of the College Community School District in the Counties of Benton, Linn, and Johnson, State of Iowa, certify that attached is a true and complete copy of the portion of the corporate records of this School District showing proceedings of the Board, and the same is a true and complete copy of the action taken by this Board with respect to the matter at the meeting held on the date indicated in the attachment, and remain in full force and effect, and have not been amended or rescinded in any way; that the meeting and all action were duly and publicly held in accordance with a notice of meeting and a tentative agenda, a copy of which was timely served on each member of the Board and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Board (a copy of the face sheet of the agenda is attached) pursuant to the local rules of the Board and the provisions of Iowa Code Chapter 21, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named on the date thereof possessed their respective offices as indicated, that no board vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the School District or the right of the individuals named as officers to their respective positions. WITNESS my hand hereto affixed this day of, 2002. Secretary, College Community School District JPETERSON\326809\1\14587.000 5
ORDER WHEREAS, the undersigned Auditor, as Commissioner of Elections of Linn County, Iowa, received a copy of a Resolution, adopted on July 15, 2002, of the Board of Directors of the College Community School District in the Counties of Benton, Linn, and Johnson, Iowa, providing for a special election in the School District to be held on Tuesday, September 10, 2002, being also the date of the regular school election. NOW, THEREFORE, IT IS ORDERED AS FOLLOWS: Section 1. That the resolution is approved, ratified, and confirmed in all respects, and the Commissioner of Elections will proceed to give the required notice and prepare the necessary ballots, election registers, and all other necessary supplies for the proper conduct of the election. Section 2. Precinct That at the election, the precincts and the polling places will be: Polling Place Prairie Senior High Ely Community Center Fairfax Public Library Swisher City Hall 401-76th Avenue, S.W. Cedar Rapids, Iowa 1570 Rowley Street Ely, Iowa - Putnam Township 313 Vanderbilt Street Fairfax, Iowa - Fairfax Township 66 Second Street, S.W. Swisher, Iowa (Johnson County) Absentee and special voters ballots will be counted at:. Section 3. That the membership of each Election Board will be named from the Election Board Panel not less than 15 days before the date of the election, pursuant to the provisions of Iowa Code Chapter 49 and a certified copy of the appointment shall be delivered or mailed to the Secretary of the School District and be placed on file in the records of the School District. 1
Section 4. That the Notice of Election be prepared pursuant to the provisions of Iowa Code section 49.53 to show the names of all candidates or nominees and the office each seeks and all public measures to be voted upon at the election. A copy of the Notice must be submitted to the Secretary of the School District for approval prior to publication. The Notice must contain, in addition to any other public measures, the public measure in substantially the ballot form attached and by this reference made a part of this Order. That the polls for the election shall be opened from 7:00 o'clock A.M. until 8:00 o'clock P.M. Section 5. That the Board of Supervisors of Linn County, Iowa, will meet on the first Friday after the day of the election, unless such day is a public holiday, in which case the provisions of Iowa Code section 4.1(22), controls, and to open to canvass the tally lists and prepare an abstract of the election results pursuant to the provisions of Iowa Code sections 50.24 and 50.27. Section 6. That the ballot form used at the election be prepared in accordance with the provisions of the Iowa Code and Iowa Administrative Rules to permit counting and tabulation by use of an electronic voting counter. IT IS FURTHER ORDERED that a certified copy of this Order be delivered or mailed to the Secretary of the Board and be placed on file in the records of the College Community School District and this action constitutes the written approval of the proposed date of the special election required to be given by the Commissioner, pursuant to the provisions of Iowa Code Chapter 47. Done and ordered this day of, 2002. County Auditor and County Commissioner of Elections (Attach to Order a copy of the notice of election.) 2
NOTICE OF REGULAR AND SPECIAL ELECTION PUBLIC NOTICE is given that a regular and special election of the College Community School District in the Counties of Benton, Linn, and Johnson, State of Iowa, will be held on Tuesday, September 10, 2002, to be submitted to the qualified electors of College Community School District the public measure set forth in the sample ballot below. The polls will be open from 7:00 o'clock A.M. until 8:00 o'clock P.M., and the polling place in each election precinct of the College Community School District will be as follows: Precinct Prairie Senior High Ely Community Center Fairfax Public Library Swisher City Hall Polling Place 401-76th Avenue, S.W. Cedar Rapids, Iowa 1570 Rowley Street Ely, Iowa - Putnam Township 313 Vanderbilt Street Fairfax, Iowa - Fairfax Township 66 Second Street, S.W. Swisher, Iowa (Johnson County) Absentee and special voter ballots will be counted at: The ballot to be used at the election is: 1
(Form of Ballot) OFFICIAL BALLOT REGULAR AND SPECIAL ELECTION SEPTEMBER 10, 2002 COLLEGE COMMUNITY SCHOOL DISTRICT IN THE COUNTIES OF BENTON, LINN, AND JOHNSON STATE OF IOWA (Notice to Voters: For an affirmative vote on any question upon this ballot, mark the word "YES" like this [---]. For a negative vote, make a similar mark in the box marked "NO".) Linn County Public Measure Letter: F SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED? Yes No Shall the Board of Directors of the College Community School District, in the Counties of Linn, Johnson, and Benton, State of Iowa, be authorized for a period of ten (10) years, to continue to levy annually, as determined by the Board, a voter-approved physical plant and equipment property tax not to exceed Sixty- Seven Cents (67 Cents) per One Thousand Dollars ($1,000) of the assessed valuation of the taxable property within the School District, commencing with the levy for collection in the fiscal year ending June 30, 2005, to be used for the purchase and improvement of grounds; the construction of schoolhouses or buildings and opening roads to schoolhouses or buildings; the purchase of buildings and the purchase of equipment; the payment of debts contracted for the erection or construction of 2
schoolhouses or buildings, not including interest on bonds; procuring or acquisition of libraries; repairing, remodeling, reconstructing, improving, or expanding the schoolhouses or buildings and additions to existing schoolhouses; expenditures for energy conservation; the rental of facilities under Chapter 28E; lease purchase option agreements for school buildings; or equipment purchases for recreational purposes; it being understood that if this proposition should fail to be approved by the voters, such failure shall not be construed to terminate or restrict authority previously granted by the voters to levy a special tax for any one or more of the foregoing purposes? (FACSIMILE SIGNATURE) Linn County Auditor and County Commissioner of Elections (End of Ballot) 3
At the election all of the qualified electors of the College Community School District are hereby notified to appear at the time and place. All voters are also advised as to the requirements of voter registration in order to be eligible to vote at the election. This Notice of College Community School District Election is given by order of the Board of Directors of the College Community School District in the Counties of Benton, Linn, and Johnson, Iowa, and the County Commissioner of Elections. Electors with a disability who need an accommodation to participate in this election should contact the Linn County Election Office at telephone number for assistance. Linn County Auditor and County Commissioner of Elections (End of Notice) JPETERSON\326809\1\14587.000 4