NOTICE OF BOND ELECTION: EUSTACE INDEPENDENT SCHOOL DISTRICT

TAKE NOTICE that an election will be held in the Eustace Independent School District on November 6, 2018 CONCERNING THE ISSUANCE OF SCHOOL BUILDING BONDS IN THE AMOUNT OF $38,600,000 FOR THE PURPOSES OF DESIGNING, CONSTRUCTING, RENOVATING, IMPROVING, ACQUIRING, AND EQUIPPING SCHOOL FACILITIES (AND ANY NECESSARY OR RELATED REMOVAL OF EXISTING FACILITIES), THE PURCHASE OF THE NECESSARY SITES FOR SCHOOL FACILITIES, AND THE PURCHASE OF NEW SCHOOL BUSES, ALL in obedience to an order duly entered by the Board of Trustees of the Eustace Independent School District on August 20, 2018, which order reads in pertinent part (and the entirety of which is posted on the District’s Internet website) as follows:

SECTION 1:        The Election shall be held in the EUSTACE INDEPENDENT SCHOOL DISTRICT on the 6th day of November, 2018 (Election Day), which is a uniform election date under the Texas Election Code, as amended, and is 78 or more days from the date of the adoption of this order (the Order), for the purpose of submitting the following proposition to the qualified voters of the District:

 “Shall the Board of Trustees of the Eustace Independent School District be authorized to issue and sell bonds of the District in the principal amount of $38,600,000 for the purposes of designing, constructing, renovating, improving, acquiring, and equipping school facilities (and any necessary or related removal of existing facilities), the purchase of the necessary sites for school facilities, and the purchase of new school buses, such bonds to mature serially or otherwise (not more than 40 years from their date) 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 of Trustees, provided that such rate or rates 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 such bonds; and shall the Board of Trustees of the District 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 the bonds and the cost of any credit agreements executed in connection with the bonds?”

SECTION 2:        One or more school election precincts are hereby established for the purpose of holding the Election, and one or more polling places are hereby designated for holding the Election in the school election precincts as identified in Exhibit A to this Order (which is incorporated herein by reference for all purposes). At least 79 days prior to the scheduled Election Day, or as soon thereafter as is reasonably practicable, the President, Board of Trustees, the Superintendent of Schools, or the respective designees thereof, in coordination with the Election Officials, 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 locations and times agreed upon by the District, the Election Officials, and the Participants, if any and as applicable, to the extent permitted by applicable law.

A.        The Presiding Judge shall appoint not less than two resident qualified voters of the District to act as clerks in order to properly conduct the Election. To the extent required by the Texas Election Code, as amended, or other applicable law, the appointment of these clerks must include a person fluent in the Spanish language to serve as a 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.

B.        On Election Day, the polls shall be open as designated on Exhibit A.

C.        The main early voting location is designated in Exhibit B to this Order (which is incorporated herein by reference for all purposes). The individual named as the Early Voting Clerk as designated in Exhibit B 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 on the days and at the times 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.

Additionally, permanent and/or temporary branch offices for early voting by personal appearance may be established and maintained in accordance with the Texas Election Code. In the event such permanent and/or temporary branch locations are established, information regarding the locations, dates, and hours of operation for early voting at these offices shall be determined by the Election Officials, as identified in Exhibit B hereto.

The District authorizes each Election Official to establish an Early Voting Ballot Board for the purpose of processing early voting results. The individual designated in Exhibit B as the Presiding Judge of an Early Voting Ballot Board is hereby appointed the Presiding Judge of the indicated Early Voting Ballot Board. The Presiding Judge shall appoint not less than two resident qualified voters of the District to serve as members of each such Early Voting Ballot Board.

SECTION 3:        Electronic voting machines may be used in holding and conducting the Election on Election Day; provided, however, in the event the use of such electronic voting machines is not practicable, the Election may be conducted on Election Day by the use of paper ballots (except as otherwise provided in this section). Electronic voting machines or paper ballots may be used for early voting by personal appearance (except as otherwise provided in this section). Pursuant to Section 61.012, as amended, Texas Election Code, the District shall provide at least one accessible voting system in each polling place used in the Election. Such voting system shall comply with Texas and federal laws establishing the requirement for voting systems that permit voters with physical disabilities to cast a secret ballot. Any legally permissible voting method may be used for early voting and Election Day voting by personal appearance. Certain early voting may be conducted by mail.

SECTION 4:        The District authorizes each Election Official to utilize a Central Counting Station (the Stations) as provided by Section 127.001, et seq., as amended, Texas Election Code. The Election Officials, or designees thereof, are hereby appointed as the Manager of their respective Stations who will establish a written plan for the orderly operation of the Stations in accordance with the provisions of the Texas Election Code. The Board authorizes the Election Officials, or the designees thereof, to appoint the Presiding Judges, the Tabulation Supervisors, and the Programmers of their respective Stations and may appoint Station clerks as needed or desirable. The Election Officials will publish (or cause to be published) notice and conduct testing on the automatic tabulation equipment relating to the Station and conduct instruction for the officials and clerks for their respective Stations in accordance with the provisions of the Texas Election Code.

SECTION 5:        The official ballot shall be prepared in accordance with the provisions of the Texas Election Code, as amended, so as to permit voters to vote “FOR” or “AGAINST” the aforesaid proposition which shall appear on the ballot substantially as follows:

 “THE ISSUANCE OF $38,600,000 OF BONDS BY THE EUSTACE INDEPENDENT SCHOOL DISTRICT FOR SCHOOL FACILITIES AND THE LEVYING OF A TAX IN PAYMENT THEREOF.”

SECTION 6:        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 place. 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. To the extent required by law, all election materials and proceedings relating to the Election shall be printed in both English and Spanish.

SECTION 7:        A substantial copy of this Order shall serve as proper notice of the Election. This notice, including a Spanish translation thereof, shall be published at least one time in a newspaper of general circulation in the District, with such publication occurring not more than 30 days and not less than 10 days before Election Day. Additionally, this notice, including a Spanish translation thereof, shall be posted (i) on the bulletin board used for posting notices of Board meetings not later than 21 days prior to Election Day, (ii) in three public places within the District’s boundaries not later than 21 days prior to Election Day, and (iii) in a prominent location at each polling place on Election Day and during early voting. In addition, during the 21 days prior to Election Day, the District shall, in a prominent manner, maintain such notice on its Internet website.

SECTION 8:        As required by and in accordance with Section 3.009(b)(5) and (7) through (9) of the Texas Election Code, the District, as of its fiscal year beginning September 1, 2017, had outstanding an aggregate principal amount of debt equal to $9,495,000; the aggregate amount of the interest owed on such District debt obligations, through respective maturity, totaled $2,109,813; and the District levied an ad valorem debt service tax rate for its outstanding debt obligations of $0.19 per $100 of taxable assessed valuation. Based on the bond market conditions on the date of the Board’s adoption of this Order, the maximum interest rate for any series of bonds authorized at the Election is 4.50% (expressed as a net effective interest rate applicable to any such series of bonds). The bonds that are the subject of this Election shall mature serially or otherwise over a specified number of years (but not more than 40 years from their date), as prescribed by applicable Texas law, though the District estimates that, based on current bond market conditions, such bonds will amortize over a 31-year period from their respective date of issue. The foregoing estimated maximum net effective interest rate and amortization period are only estimates, provided for Texas statutory compliance; they do not serve as a cap on the per annum interest rate at which any series of bonds authorized at the Election may be sold, or the amortization period for bonds that are the subject of this Election.

SECTION 9:        The Board authorizes the President, Board of Trustees, the Superintendent of Schools, or the respective designee of either of such parties, to negotiate and enter into one or more joint election agreements, election services contracts, and/or similar contracts or agreements with the County, acting by and through the Election Officials, and any Participants if desired or if required to comply with applicable law, as permitted and in accordance with the provisions of the Texas Election Code, as amended. In addition, the Board authorizes the President, Board of Trustees, the Superintendent of Schools, or the respective designee of either of such parties 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. By incorporating all essential terms necessary for a joint election agreement, this Order is intended to satisfy Section 271.002(d) of the Texas Election Code, as amended, without further action of the Board of Trustees.

SECTIONS 10 THROUGH 15 of the Order address procedural issues relating to its adoption such as incorporation of preamble recitals, statement of no conflict with prior District action, applicability of and governance by Texas and United States law, finding of adoption at a validly noticed and conducted public meeting, severability in the event of invalid provisions, and effective date (upon passage).

YOU WILL, THEREFORE, take notice of all the matters and facts set out in the foregoing Notice of Election.  //s// Steven Bell, Secretary, Board of Trustees, Eustace Independent School District

Exhibit A

ELECTION DAY PRECINCT AND POLLING INFORMATION

Election Day: November 6, 2018. Election Day Polling Locations open from 7 a.m. to 7 p.m. Presiding Judges and Alternates to be named by the Election Officials.

District Precincts

Henderson County Precincts

Van Zandt
County Precincts

Polling Places

1

1MN

n/a

Caney City-City Hall
15241 Barron Drive, Caney City

2

2

n/a

United Pentecostal Church
101 McArthur St., Athens

3

2E

n/a

Eustace School
318 Hwy. 316 South, Eustace

4

2PSN

n/a

Payne Springs Community Center
9692 Hwy. 198 South #2, Mabank

5

2PSS

n/a

Pinnacle Club Fire Station
5950 Club Drive, Mabank

6

2GBS

n/a

St. Peters Lutheran Church
101 Luther Lane, Gun Barrel City

7

3N

n/a

Bethel Christian Church
1088 County Rd. 3817, Athens

8

n/a

2B

Old Bethel Baptist Church
103 Van Zandt CR 2313, Canton

Exhibit B

EARLY VOTING

Early voting begins Monday, October 22, 2018 and ends on Friday, November 2, 2018. Voters entitled to vote an early ballot by personal appearance may do so at any Early Voting site in their County of registration. Applications for voting by mail should be received no later than the close of business (5:00 p.m.) on Friday, October 26, 2018. If an application for ballot by mail is faxed or emailed (or if a federal postcard application is faxed), the applicant must also mail the original application so that the early voting clerk receives the original no later than four days after receiving the emailed or faxed copy.

Henderson County

Early Voting Clerk: Denise Hernandez, 201 East Larkin Street, #J, Athens, Texas 75751. Presiding Judge of the Early Voting Ballot Board: to be named by Denise Hernandez.

Henderson County Election Center, 201 E. Larkin St., Athens

Monday, October 22, 2018

7:00 a.m. – 7:00 p.m.

Tuesday, October 23, 2018 through Friday, October 26, 2018

8:00 a.m. – 5:00 p.m.

Saturday, October 27, 2018

7:00 a.m. – 7:00 p.m.

Monday, October 29, 2018

7:00 a.m. – 7:00 p.m.

Tuesday, October 30, 2018 through Friday, November 2, 2018

8:00 a.m. – 5:00 p.m.

Seven Points City Hall, 418 E. Cedar Creek Parkway, Seven Points

Monday, October 22, 2018

7:00 a.m. – 7:00 p.m.

Tuesday, October 23, 2018 through Friday, October 26, 2018

8:00 a.m. – 4:00 p.m.

Saturday, October 27, 2018

7:00 a.m. – 7:00 p.m.

Monday, October 29, 2018

7:00 a.m. – 7:00 p.m.

Tuesday, October 30, 2018 through Friday, November 2, 2018

8:00 a.m. – 4:00 p.m.

Chandler Community Center, 811 Hwy. 31 East, Chandler

Monday, October 22, 2018

7:00 a.m. – 7:00 p.m.

Tuesday, October 23, 2018 through Friday, October 26, 2018

8:00 a.m. – 5:00 p.m.

Saturday, October 27, 2018

7:00 a.m. – 7:00 p.m.

Monday, October 29, 2018

7:00 a.m. – 7:00 p.m.

Tuesday, October 30, 2018 through Friday, November 2, 2018

8:00 a.m. – 5:00 p.m.

Early Voting By Mail: Applications should be sent to: Denise Hernandez, 201 East Larkin Street, #J, Athens, Texas 75751, fax: 903-675-6101, email: dhernandez@co.henderson.tx.us.

Van Zandt County

Early Voting Clerk: Pamela Pearman, 121 E. Dallas, Rm. 202, Canton, Texas 75103. Presiding Judge of the Early Voting Ballot Board: to be named by Pamela Pearman.

Old Canton City Hall, 290 E. Tyler St., Canton

Monday, October 22, 2018 through Friday, October 26, 2018

8:00 a.m. – 5:00 p.m.

Monday, October 29, 2018 through Wednesday, October 31, 2018

8:00 a.m. – 5:00 p.m.

Thursday, November 1, 2018

8:00 a.m. – 7:00 p.m.

Friday, November 2, 2018

8:00 a.m. – 5:00 p.m.

Early Voting By Mail: Applications should be sent to: Pamela Pearman, 121 E. Dallas, Rm. 202, Canton 75103, fax: 903-567-6722, email: countyclerk@vanzandtcounty.org.