Lindsay ISD Special Meeting Monday, February 4, 2019 7:00 PM Lindsay High School Library, 625 Knight Drive, Lindsay, TX 76250
AGENDA BOARD OF TRUSTEES LINDSAY INDEPENDENT SCHOOL DISTRICT SPECIAL MEETING DATE: February 4, 2019 TIME:7:00 PM LOCATION: Lindsay High School Library, 625 Knight Drive, Lindsay, TX 76250 This public meeting of the Lindsay Independent School District Board of Trustees is governed by laws of Texas and policies of the Board. If, during the course of this meeting it is determined that discussion of any item on the agenda, in addition to the items specified below, should be held in a closed session, the Board will conduct a closed session in accordance with the Texas Open Meetings Act, Tex. Government Code, Chapter 551, Subchapters D and E. Before any closed meeting is convened, the presiding officer will publicly identify the section or sections of the Act authorizing the closed meeting. All final votes, actions or decisions will be taken in the open meeting. The subjects to be discussed or considered, or upon which any formal action may be taken, are as follows: (Items do not have to be taken in the same order as shown on the meeting notice.) 1. Call to Order and Establish Quorum 4 2. Pledge of Allegiance to the United States and Texas Flags 5 3. Public Forum/Comments to the Board (limit 5 minutes each or 30 minutes total) 6 4. Discussion/Action Items A. Consider/Discuss/Approve an Order Calling for a Board Trustee Election on May 4, 2019 9 B. Consider/Discuss/Approve an Order by the Board of Trustees of Lindsay ISD Calling for a Bond Election to be Held Within Said District; Making Provisions for the Conduct and the Giving of Notice of the Election; and Containing Other Provisions Relating Thereto C. Consider/Discuss/Approve Voting Machine Agreement 23 5. Executive Session as authorized by Government Code, Chapter 551, Subchapters D and E A. Section 551.071: Private consultation with Board's attorney B. Section 551.072: Discussing purchase, exchange, lease, or value of real property C. Section 551.073: Discussing negotiated contracts for prospective gifts or donations D. Section 551.074: Discussing personnel or to hear complaints against personnel E. Section 551.076: Considering the deployment, specific occasions for, or implementation of security personnel or devices F. Section 551.082: Considering the discipline of a public school child, or complaint or charge against personnel G. Section 51.0821: To deliberate a matter regarding a public school student if personally identifiable information about the student will necessarily be revealed by the deliberation. H. Section 551.083: Consider the standards, guidelines, terms, or conditions the board will follow or will instruct its representatives to follow, in consultations with representatives of employee groups I. Section 551.084: Excluding witnesses from a hearing J. Section 39.030(a): Assessment Instruments K. Section 551.087: Economic Development Negotiations L. Section 418.183(f): Homeland Security M. Section 551.0785: Medical or Psychiatric Records 6. Return to Open Meeting and Take Any Action Deemed Necessary Upon Discussion in the Closed Meeting 12
7. Adjourn I, the undersigned, do hereby certify that this notice was posted at 4:45 pm on Friday, February 1, 2019, on the bulletin board outside of the administration building and on http://www.lindsayisd.org which is at least 72 hours prior to the date and time of the scheduled meeting. LINDSAY INDEPENDENT SCHOOL DISTRICT By: Trevor Rogers, Superintendent
Call to Order and Establish a Quorum Description The Board President will call the meeting to order and establish a quorum for the Board to conduct the business of the school district. Recommendation No action required Recommended motion None 4
Pledge of Allegiance to the United States and Texas Flags Description The Board President will lead or ask another Board member to lead all present in an invocation and the Pledge of Allegiance to the United States and Texas Flags. Additional Info Pledge of Allegiance to the United States Flag I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Pledge of Allegiance to the Texas State Flag Honor the Texas flag. I pledge allegiance to thee, Texas, one state under God, one and indivisible. Recommendation No action required Recommended motion None 5
Public Forum / Comments to the Board Description This agenda item is reserved for individuals who wish to make a comment to the Board. The Board will not directly respond to any comments unless a member has a question for clarification on the issue being presented. The superintendent will normally respond with a brief statement or will ask the concerned parent or taxpayer to arrange an appointment to further discuss his or her concern at a later date, if it cannot be quickly resolved at the meeting. Recommendation No action required Recommended motion None required 6
LINDSAY INDEPENDENT SCHOOL DISTRICT STATEMENT FOR INTRODUCING THE PUBLIC COMMENTS SEGMENT OF A BOARD MEETING "The Board encourages comments from citizens of the District or from District employees. Any person wishing to address the Board during the period reserved for public comment at a Board meeting must sign up to be heard, in accordance with District policy BED(LOCAL). Anyone wishing to speak, either as an individual or as a representative of a group, may do so at this time. The Board asks that comments pertain to public education and be no longer than five minutes. "Remember that the Board may not discuss or act upon any issues that are not posted on our agenda. If an issue mentioned is listed on tonight's agenda, the Board will defer discussion of the issue until the appropriate time during the meeting. "In addition, the Board has adopted complaint policies that are designed to secure, at the lowest administrative level, a prompt and equitable resolution of complaints and concerns. Complaints brought by students or their parents may be heard in accordance with policies FNG(LEGAL) and FNG(LOCAL); by employees, in accordance with policies DGBA(LEGAL) and DGBA(LOCAL); and, by citizens, in accordance with policies GF(LEGAL) and GF(LOCAL). Each of these processes provides that, if a resolution cannot be achieved administratively, the person may appeal the administrative decision to the Board as a properly posted agenda item. "Copies of our District policies on public participation in meetings and filing complaints are available on our website or in the Superintendent s office." [Note: This text is based on provisions typically found in policy BED(LOCAL).] 7
LINDSAY INDEPENDENT SCHOOL DISTRICT AUDIENCE PARTICIPATION SIGN-UP SHEET Any person wishing to address the Board during the period reserved for public comment at a Board meeting must sign up to be heard, in accordance with District policy BED(LOCAL): 1. Each participant will be limited to five minutes to make comments to the Board. 2. Any group of five or more persons must appoint one person to present the group's views to the Board. 3. The Board is not permitted to discuss or act upon any issues that are not posted on the agenda for tonight's meeting. The Board has adopted complaint policies that are designed to secure, at the lowest possible administrative level, a prompt and equitable resolution of complaints and concerns. Each of these processes provides that, if a resolution cannot be achieved administratively, the person may appeal the administrative decision to the Board as a properly posted agenda item. For further information on those policies, contact the Superintendent. Please fill in the information requested below if you wish to address the Board during the public comment period: Name Address Telephone Topic 8
Resolution to Order Board Trustee Election Description According to the Texas Election Code, Title I, Chapter 3, the LISD School Board must order the school board election at least 60 days prior to the election date, May 4, 2019. In addition, the order must include: 1. The date of the election; 2. The offices or measures to be voted on; 3. The location of the main early voting polling place; 4. The recommended branch early voting polling places; 5. The dates and hours for early voting; 6. The dates and hours of any Saturday and Sunday early voting, if any; and, 7. The early voting clerk s official mailing address. LISD should order the School Board/Bond election by passing the attached resolution. Recommendation The Superintendent recommends that the Board approves the resolution ordering the Lindsay ISD Board Trustee election to be held on May 4, 2019. Recommended Motion I move to approve the resolution ordering the Lindsay ISD Board Trustee election to be held on May 4, 2019. 9
Lindsay Independent School District School Board Meeting February 4, 2019 RESOLUTION TO ORDER SCHOOL BOARD ELECTION WHEREAS the Texas Education Code, Section 11.051, and the Texas Election Code, Section 3.001, require the governing board of any political subdivision to order an election for officers of that political subdivision and, WHEREAS the Lindsay Independent School District has two (2) members of the Board of Trustees whose term of office expires this election year. WHEREAS an election must be held to elect members of the Board of Trustees, be it hereby ORDERED that an election be held on May 4, 2019, during the hours of 7:00 a.m. to 7:00 p.m. at Conrad Hall, 431 Ash Street, Lindsay, Texas 76250, to elect two (2) at large members of the Board of Trustees for full three-year terms. The main Early Voting polling place shall be the Superintendent s Office located at 495 W. Sixth Street, Lindsay, Texas 76250. Early voting hours shall be 8:00 a.m. to 4:00 p.m. during the weekdays, beginning on Monday, April 22, 2019, and ending on April 30, 2019. Extended early voting dates and times are Thursday, April 25, 2019, from 6:00 pm to 7:30 pm at the Lindsay ISD Cafeteria, located at 498 W. 6 th Street, Lindsay, TX 76250; and, Monday, April 29, 2019 from 11:30 am 1:00 pm at Conrad Hall, Located at 431 Ash Street, Lindsay, TX 76250. Applications for ballot by mail shall be mailed to Janice Stoffels, P.O. Box 145, Lindsay, Texas 76250. Applications for ballots by mail must be received no later than the close of business on April 24, 2018. Approved and ordered on this 4 th day of February, 2019, by the Board of Trustees of the Lindsay Independent School District by a vote of AYES and NOES with PRESENT AND NOT VOTING at a meeting which was duly and legally called and opened to the public as provided by law. APPROVED LINDSAY INDEPENDENT SCHOOL DISTRICT Olivia Neu President, Board of Trustees Lindsay Independent School District ATTEST Laurence Williams Secretary, Board of Trustees Lindsay Independent School District 10
LINDSAY INDEPENDENT SCHOOL DISTRICT 495 6th Street P. O. Box 145 Lindsay, TX 76250 Fax: 940.668.2662 Order of Election for Lindsay ISD Board Trustee Election An election is hereby ordered to be held on Saturday, May 4, 2019, for the purpose of electing two (2) Lindsay ISD Board Trustees. Applications for a place on the ballot shall be filed by 5:00 pm on Friday, February 15, 2019. Early voting by personal appearance will be conducted each weekday at the Lindsay ISD Administration Office, located at 495 W. 6 th Street, Lindsay, TX, 76250, between the hours of 8:00 a.m. and 4:00 p.m. beginning on Monday, April 22, 2019 and ending at 5:00 pm on Tuesday, April 30, 2019. Extended early voting dates and times will be Thursday, April 25, 2019, between 6:00 pm and 7:30 pm, at Lindsay ISD Cafeteria, located at 498 W. Sixth Street, Lindsay, TX 76250; and, on Monday, April 29, 2019, between 11:30 am and 1:00 pm, at Conrad Hall, located at 431 Ash Street, Lindsay, TX 76250. Applications for ballot by mail shall be mailed to: Janice Stoffels Lindsay ISD P.O. Box 145 Lindsay, TX 76250 Applications for ballots by mail must be received no later than the close of business on Tuesday, April 23, 2019. Issued this the 4 th day of February, 2019. Member Signature of Presiding Officer Member Member Member Member Member Member 11
Order of Election for Lindsay ISD Bond Election Description According to the Texas Election Code, Title I, Chapter 3, the LISD School Board must order the school bond election at least 60 days prior to the election date, May 4, 2019. In addition, the order must include: 1. The date of the election; 2. The offices or measures to be voted on; 3. The location of the main early voting polling place; 4. The recommended branch early voting polling places; 5. The dates and hours for early voting; 6. The dates and hours of any Saturday and Sunday early voting, if any; and, 7. The early voting clerk s official mailing address. Recommendation The Superintendent recommends that the Board approves the Order of Election for the Lindsay ISD Bond Election to be held on May 4, 2019. Recommended Motion I move to approve the Order of Election for the Lindsay ISD Bond Election to be held on May 4, 2019. 12
CERTIFICATE FOR ORDER We, the undersigned officers of the Board of Trustees of Lindsay Independent School District (the District ), hereby certify as follows: 1. The Board of Trustees of the District (the Board ) convened in a special meeting on the 4 th day of February 2019, at the regular designated meeting place (the Meeting ), and the roll was called of the duly constituted officers and members of the Board, to-wit: Olivia Neu, Ben Hawkins, Laurence Williams, Zach Bowman, Brian Manhart, Corey Anderle, Chris Garner, President Vice-President Secretary Trustee Trustee Trustee Trustee 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 entitled: ORDER BY THE BOARD OF TRUSTEES OF THE LINDSAY INDEPENDENT SCHOOL DISTRICT CALLING A BOND ELECTION TO BE HELD WITHIN SAID DISTRICT; MAKING PROVISIONS FOR THE CONDUCT AND THE GIVING OF NOTICE OF THE ELECTION; AND CONTAINING OTHER PROVISIONS RELATING THERETO (the Order ) was duly introduced for the consideration of the Board. It was then 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: NOES: ABSTENTIONS: 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 Board's minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Board'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 Board as indicated therein; each of the officers and members of the Board 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, as amended. 13
SIGNED AND SEALED this 4 th day of February, 2019. Laurence Williams Secretary, Board of Trustees (SEAL) -2-14
ORDER BY THE BOARD OF TRUSTEES OF THE LINDSAY INDEPENDENT SCHOOL DISTRICT CALLING A BOND ELECTION TO BE HELD WITHIN SAID DISTRICT; MAKING PROVISIONS FOR THE CONDUCT AND THE GIVING OF NOTICE OF THE ELECTION; AND CONTAINING OTHER PROVISIONS RELATING THERETO WHEREAS, the Board of Trustees (the Board ) of the Lindsay Independent School District (the District ) finds and determines that it is necessary and advisable to call and hold an election (the Election ) for and within the District on the proposition hereinafter set forth; and WHEREAS, it is hereby officially found and determined that the Election shall be held on a uniform election date established by Section 41.001(a), Texas Election Code, as amended, as required by laws of the State of Texas (the State ); and WHEREAS, the Board, pursuant to the applicable provisions of the Texas Election Code intends to conduct a joint election with the City of Lindsay (the City ) and enter into a joint election agreement (the Joint Election Agreement ) and Election Services Agreement with the City (the Election Services Agreement ; collectively, the Election Agreements ); and WHEREAS, the Board finds and declares that the meeting at which this Order is considered is open to the public, and that the public notice of the time, place and purpose of the meeting was given, as required by Chapter 551, Texas Government Code, as amended; Now Therefore, BE IT ORDERED BY THE BOARD OF THE LINDSAY INDEPENDENT SCHOOL DISTRICT: Section 1. Findings. (a) The statements contained in the preamble of this Order are true and correct and are hereby adopted as findings of fact and as a part of the operative provisions hereof. (b) As of the beginning of the District s current fiscal year: (i) (ii) (iii) The aggregate amount of outstanding principal of the District s voted debt obligations was $0.00; The aggregate amount of outstanding interest on the District s voted debt obligations was $0.00; and The District s ad valorem debt service tax rate as of the date of adoption of this Order is $0.00 debt per $100 of taxable property. (c) If the issuance of bonds is authorized by voters, taxes sufficient to pay the annual principal of and interest on the bonds and the costs of any credit agreements may be imposed. (d) If the bonds are authorized, the estimated total tax rate of the District is expected to be $1.34 per $100 of taxable assessed valuation, representing the sum of (i) the most recently -3-15
adopted tax rate for operations and maintenance, which is $1.04 per $100 of taxable assessed valuation, plus (ii) the estimated tax rate for voted debt obligations of the District, including the bonds, which is estimated to be $0.30 per $100 of taxable assessed valuation. This estimated total tax rate is derived from projections obtained from the District s financial advisor and the appraisal district and is provided without any assurance that such projections will be realized. At the time the bonds are issued, the actual total tax rate will depend upon, among other factors, prevailing interest rates, the assessed value of real property in the District, the availability of the Permanent School Fund Guarantee and general market conditions. The statements contained in these findings (i) are based on information available to the District on the date of adoption of this Order, including projections obtained from the District s financial advisor, (ii) necessarily consist of estimates and projections that are subject to change based on facts, circumstances and conditions at the time that bonds approved pursuant to this Order are issued and (iii) are not intended to limit the authority of the Board to issue bonds in accordance with other terms contained in this Order. Accordingly, actual tax rates, interest rates, maturity dates, aggregate outstanding indebtedness and interest on such debt will vary and will be established after the bonds are issued. To the extent of any conflict between this subsection and other terms of this Order, such other terms control. Section 2. Election Ordered; Date; Proposition. The Election shall be held for and within the District on Saturday, May 4, 2019 (the Election Day ), in accordance with the Texas Election Code. At the Election the following proposition (the Proposition ) setting forth the purposes, the principal amount and the maximum maturity date for the bonds to be authorized shall be submitted to the qualified voters of the District in accordance with law: LINDSAY INDEPENDENT SCHOOL DISTRICT PROPOSITION A SHALL THE BOARD OF TRUSTEES OF LINDSAY INDEPENDENT SCHOOL DISTRICT (THE DISTRICT ) BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF THE DISTRICT IN THE AMOUNT OF $19,900,000 FOR THE CONSTRUCTION, ACQUISITION, RENOVATION AND EQUIPMENT OF SCHOOL BUILDINGS, ELEMENTARY SCHOOL CAMPUS AND CAFETERIA IN THE DISTRICT, WHICH BONDS MAY BE ISSUED IN VARIOUS ISSUES OR SERIES, SHALL MATURE SERIALLY OR OTHERWISE NOT MORE THAN 40 YEARS FROM THEIR DATE, AND SHALL BEAR INTEREST AT SUCH RATE OR RATES, NOT TO EXCEED THE MAXIMUM RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED BY THE BOARD OF TRUSTEES OF THE DISTRICT WITHIN THE DISCRETION OF THE BOARD AT THE TIME OF ISSUANCE; AND SHALL THE BOARD OF TRUSTEES BE AUTHORIZED TO LEVY AND PLEDGE, AND CAUSE TO BE ASSESSED AND COLLECTED, 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 SAID BONDS AND THE COSTS OF ANY CREDIT AGREEMENTS EXECUTED OR AUTHORIZED IN ANTICIPATION OF, IN RELATION TO, OR IN CONNECTION WITH THE BONDS; SAID BONDS TO BE ISSUED AND SAID TAXES TO BE LEVIED, PLEDGED, ASSESSED, AND -4-16
COLLECTED UNDER THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS INCLUDING THE TEXAS EDUCATION CODE? Section 3. Official Ballot. (a) Voting at the Election, and early voting therefor, shall be by the use of the lawfully approved city voting systems and ballots. (b) The preparation of the necessary equipment and the official ballots for the Election shall conform to the requirements of the Texas Election Code so as to permit the electors to vote FOR or AGAINST the Proposition which shall be set forth on the ballots substantially in the following form: LINDSAY INDEPENDENT SCHOOL DISTRICT PROPOSITION A FOR ) THE ISSUANCE OF $19,900,000 OF BONDS FOR THE CONSTRUCTION, ACQUISITION, RENOVATION AND AGAINST ) EQUIPMENT OF SCHOOL BUILDINGS, ELEMENTARY SCHOOL CAMPUS AND CAFETERIA IN THE DISTRICT; AND THE LEVYING OF A TAX SUFFICIENT, WITHOUT LIMIT AS TO RATE OR AMOUNT, TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS AND TO PAY THE COSTS OF ANY CREDIT AGREEMENTS EXECUTED OR AUTHORIZED IN ANTICIPATION OF, IN RELATION TO OR IN CONNECTION WITH THE BONDS Section 4. Persons Qualified to Vote. All resident, qualified electors of the District shall be eligible to vote at the Election. Section 5. Election Precincts, Voting Locations and Voting Hours on Election Day. The election precincts for the Election shall consist of the territory within the boundaries of the District situated within one or more City election precincts, which bear the precinct numbers set forth in Exhibit A, attached hereto and incorporated herein. The voting location for voting on the Election Day for each election precinct shall be as set forth in Exhibit A, or at such other locations as may be designated by the District. The Superintendent or his designee is hereby authorized to update Exhibit A to reflect the designated locations, and such locations are hereby approved. The polling places for voting on the Election Day shall be open from 7:00 a.m. to 7:00 p.m. Section 6. Early Voting Locations, Dates and Times. (a) Early voting by personal appearance for all election precincts shall be held at the locations, at the times and on the days set forth in Exhibit B, attached hereto and incorporated herein, or at such other locations as may be designated by the District. The Superintendent or his designee is hereby authorized to update Exhibit B to reflect the designated locations, and such locations are hereby approved. (b) Janice Stoffels, the Secretary to the Superintendent of Schools, is hereby appointed as the Early Voting Clerk for the Election. Applications for ballot by mail shall be sent to: Janice -5-17
Stoffels, Lindsay ISD Early Voting Clerk ( District Early Voting Clerk ) at P.O. Box 145, Lindsay, Texas 76250-0145. The Early Voting Clerk is hereby authorized to appoint the deputy early voting clerks as necessary for the Election. (c) Pursuant to Section 84.007(b)(4) of the Texas Election Code, the District Early Voting Clerk shall receive applications for ballot by mail by electronic transmission. Persons wishing to apply by electronic transmission must e-mail their scanned application containing an original signature to the following e-mail address: jstoffels@lindsayisd.org. Applications for ballots made by electronic transmission and containing an original signature must also be mailed to and be received by the Early Voting Clerk not later than the fourth business day after the transmission by telephonic facsimile machine or electronic transmission is received at the mailing address provided in subsection (b) above. (d) Applications for ballots by mail via post or electronic submission must be received no later than 5:00 p.m. on Tuesday, April 23, 2019. Section 7. Appointment of Election Officers. (a) The election judges, alternate judges, clerks, members of the early voting ballot board, the central counting station officials, and other personnel necessary for conducting the Election shall be appointed, election judges and alternate judges may be changed, polling places may be combined for some precincts, and the central counting station shall be established and staffed all as determined by the Superintendent, pursuant to the Election Agreement and such actions are hereby approved. (b) The Election shall be conducted by election officers, including the presiding judges and alternate presiding judges appointed by the Superintendent, in accordance with the Texas Education Code, the Texas Election Code, the Constitution and laws of the State and the United States of America and the Election Agreement. The presiding judges shall appoint not less than two (2) or more than five (5) qualified election clerks for the conduct of the Election. The Board hereby authorizes the Superintendent to appoint any such other officials, as are necessary and appropriate to conduct the Election in accordance with the Texas Election Code. Section 8. Notice of Election. Notice of the Election shall be given by: (i) publishing a substantial copy of this Order, in English and Spanish, one time not earlier than the thirtieth (30th) day nor later than the tenth (10th) day prior to the date set for the Election, in a newspaper published in the District (or otherwise complies with State law), (ii) by posting a copy of this Order, in English and Spanish, on the bulletin board used for posting notices of meetings of the Board, not later than the twenty-first (21st) day prior to the date set for the Election and in at least three (3) public places in the boundaries of the District, not later than the twenty-first (21st) day prior to the date set for the Election and (iii) by posting a copy of this Order, in English and Spanish, on the District s website, prominently and together with the notice of the Election and the contents of the Proposition, not later the twenty-first (21st) day prior to the date set for the Election through Election Day. Additionally, on Election Day and during early voting by personal appearance, this Order shall be posted in a prominent location at each polling place. Notice of the Election shall also be provided to the Cooke County Clerk not later than the 60th day before the Election Day. -6-18
Section 9. Conduct of Election. The Election shall be held in accordance with the Texas Election Code, except as modified by the Texas Education Code, the Federal Voting Rights Act of 1965, as amended, and the provisions of Chapter 272 of the Texas Election Code pertaining to bilingual election materials requirements. Section 10. Necessary Actions. The Superintendent or his designee, acting on behalf of the Board, in consultation with the District s attorney and bond counsel is hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code and the Federal Voting Rights Act in carrying out and conducting the Election, whether or not expressly authorized herein, including making changes or additions to polling places or procedures to the extent required or desirable. Section 11. Severability. If any provision, section, subsection, sentence, clause or phrase of this Order, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, invalid, or unenforceable, neither the remaining portions of this Order nor their application to other persons or sets of circumstances shall be affected thereby, it being the intent of the Board in adopting this Order that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness, invalidity or unenforceability of any other portion hereof, and all provisions of this Order are declared to be severable for that purpose. Section 12. Effective Date. This Order shall take effect immediately upon its approval. [Execution Page to Follow] -7-19
PASSED AND APPROVED this 4th day of February, 2019. ATTEST: Olivia Neu President, Board of Trustees Lindsay Independent School District Laurence Williams Secretary, Board of Trustees Lindsay Independent School District (District Seal) SIGNATURE PAGE ORDER CALLING BOND ELECTION 20
EXHIBIT A ELECTION DAY SCHEDULE AND POLLING LOCATION POLLING LOCATION HOURS Conrad Hall 431 Ash Street Lindsay, Texas 76250 7:00 a.m. 7:00 p.m. 21
EXHIBIT B EARLY VOTING SCHEDULE AND POLLING LOCATION Main Early Voting Location, Dates and Times Dates Location Days Hours April 22 26, 2019 Lindsay ISD Monday - Friday 8:00 am 4:00 pm Administration Building, 495 W. 6 th Monday Tuesday 8:00 am 4:00 pm Street, Lindsay, TX 76250 April 29 30, 2019 Extended Early Voting Locations, Dates and Times Dates Locations Days Hours April 25, 2019 April 29, 2019 Lindsay ISD Cafeteria, 498 W. 6 th Street, Lindsay, TX 76250 Conrad Hall, 431 Ash Street, Lindsay, TX 76250 Thursday Monday 6:00 pm 7:30 pm 11:30 am 1:00 pm 22
Voting Machine Rental Agreement Description Texas Election Code 61.012(a)(1)(C), 61.013 states that all elections in which a federal office is not on the ballot, a county or a political subdivision located within a county is required to provide one accessible voting machine in each polling place. Exceptions to this law only apply if the political subdivision is located in a county with a population of less than 20,000. Cooke County s population exceeds 20,000. The voting machine rental agreement that will be arranged with Cooke County through the Commissioners Court is attached for review. Recommendation The superintendent recommends that the Board approves the voting machine rental agreement with Cooke County for Early Voting and the Board Trustee/Bond elections on May 4, 2019, as presented. Recommended Motion I move that the Board approves the voting machine rental agreement with Cooke County for Early Voting and the Board Trustee/Bond elections on May 4, 2019, as presented. 23
VOTING MACHINE RENTAL SERVICE AGREEMENT LINDSAY INDEPENDENT SCHOOL DISTRICT, TEXAS and COOKE COUNTY Cooke County, Texas, a corporate body politic, hereinafter designated as the County, represented in this agreement by the Cooke County Judge, hereby agrees to rent the following voting machine(s) to the Lindsay Independent School District on the terms stated below, for use in Early Voting and Election Day Voting in the General Election in May 2019. Lindsay Independent School District 495 West 6 th Street Lindsay, Texas 76250 I. Hereinafter designated as Renter, has requested the rental of one (1) ES&S AutoMark voting machine(s) at $ 0 per machine on the terms stated below. II. III. IV. The rental period of voting machine(s) shall commence with the 18 th day of April 2019 and shall end no later than the 6 th day of May 2019. Only voting machine(s) which the County believes to be in safe operating condition will be provided and the Renter agrees to hold the County harmless for any damages arising from the Renter s use of the voting machine(s). Renter agrees the voting machine(s) will remain in the same condition as when received, normal and considerate usage wear accepted. Renter agrees to reimburse the County for the costs to repair damages to the said machine(s) during such time as the County does not have control custody of said machine(s). V. The said machine(s) will be picked up by the Renter and delivered back to the County at said place: Cooke County Annex Building 101 S. Dixon Gainesville, TX 76240 VI. VI. VII. Instruction and training on setting up the voting machine for operation will be provided by the County to the Lindsay ISD Election contact and to all appointed Election Judge(s) for the May 2019 General Election prior to delivery of the machine(s) to the Renter. Renter agrees to and will process as specified and in accordance with the County s contract with ES&S in regard to layout, ordering and programming of ballots and audio programming for the voting machine(s). County will inform Renter of specified process to be used to assure timely receipt of ballots and flash card programming for Early Voting and Election Day. In the event of equipment failure or malfunction, the local contact name and phone number to be contacted between the hours of 7 a.m. and 7 p.m. for Early Voting, April 22 nd, through April 30 th, 2019, and for Election Day, Saturday, May 4 th, 2019, is provided by County: Name: Pam Harrison, County Clerk Phone: 940-668-5521 In witness of this Agreement, we the County and the Renter affix our signatures on this 4 th day of February, 2019. LINDSAY INDEPENDENT SCHOOL DISTRICT COOKE COUNTY BY: Olivia Neu, LISD Board President ATTEST: Laurence Williams, LISD Board Secretary BY: Jason Brinkley, County Judge ATTEST: Pam Harrison, County Clerk Election Info/2019/Voting Machines Cooke County Agreement 2019 1 24