AN ORDER CALLING A BOND ELECTION

TO BE HELD BY THE FORNEY INDEPENDENT SCHOOL DISTRICT,

MAKING PROVISION FOR THE CONDUCT OF A JOINT ELECTION,

AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO

SUCH ELECTION

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STATE OF TEXAS §
KAUFMAN COUNTY §
FORNEY INDEPENDENT SCHOOL DISTRICT §

WHEREAS, pursuant to Section 45.001, Texas Education Code, the Board of Trustees of
the Board of Trustees (the “Board”) of the FORNEY INDEPENDENT SCHOOL DISTRICT (the
“District”), located in Kaufman County, Texas (the “County”), is authorized to issue bonds for
various purposes, including the construction, acquisition, and equipping of school buildings in the
District, and to levy, assess, pledge and collect annual ad valorem taxes sufficient to pay the principal
and interest on such bonds as the principal and interest become due, if the issuance of such bonds
is approved by the voters of the District at an election held in accordance with Section 45.003, Texas
Education Code, and the Texas Election Code; and

WHEREAS, the Board hereby finds and determines that an election should be held to
determine whether the District shall be authorized to issue bonds of the District in the amount and
for the purposes hereinafter identified (the “Election”); and

WHEREAS, the District will contract (“Election Contract”) with the tax assessor collector
of Kaufman County (the “Election Official”) to conduct all aspects of the Election; and

WHEREAS, the Election will be conducted by the County and held with other political
subdivisions for which the County is also conducting their elections (such other political
subdivisions, collectively, the “Participants”), as provided pursuant to the provisions of an election
agreement and/or a joint election or similar agreement between or among (as applicable) the
District, County, and/or any Participants, entered into in accordance with the provisions of Section
271.002, as amended, of the Texas Election Code; and

WHEREAS, the Board hereby finds and determines that it is necessary to construct
various capital improvements within the District and it is necessary to hold an election for the
purpose of authorizing the issuance of $623,000,000 in principal amount of bonds to finance the
construction, capital improvements, acquisition, and equipping of schools in the District, including
any necessary or related removal of existing facilities and the purchase of the necessary sites for
school facilities;

WHEREAS, the Board finds that it is in the public interest to call and hold the Election at
the earliest possible date to authorize the issuance of general obligation bonds for the purposes
hereinafter identified; and

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WHEREAS, the Board hereby finds and determines that the actions herein described are
in the best interests of the residents of the District;

WHEREAS, it is hereby officially found and determined that the meeting at which this
Order was passed was open to the public, and public notice of the time, place, and purpose of said
meeting was given, all as required by Chapter 551 of the Texas Government Code; now, therefore,

BE IT ORDERED BY THE BOARD OF TRUSTEES OF THE FORNEY
INDEPENDENT SCHOOL DISTRICT THAT:

1. TIME. An election shall be held between the hours of 7:00 A.M. and 7:00 P.M. on
Tuesday, November 5, 2019 (“Election Day’) in the District, which date 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 proposition set out below
to the qualified voters of this District.

2. PRECINCT AND POLLING PLACE. The District shall hold the election on
Tuesday, November 5, 2019, in the precincts and polling places, as determined by the Election
Official, in accordance with the provisions of the Election Contract. When so determined, such
precincts and polling places shall be attached hereto as Exhibit A. The County participates in the
Countywide Polling Place Program under Section 43.007, as amended, Texas Election Code,
meaning that any District voter registered in the County can vote in the Election at any polling
place identified in Exhibit A.

3. PRESIDING JUDGES. The Presiding Judge and the Alternate Presiding Judge
for each of the election precincts and polling places shall be appointed by the Election Official
and in accordance with the Election Contract.

At least 79 days prior to the scheduled Election Day, or as soon thereafter as is reasonably
practicable, the District’s 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 Official, and
the Participants, if any and as applicable, to the extent permitted by applicable law.

4. ELECTION CLERKS. The Election Clerks shall be appointed by the respective
Presiding Judges in accordance with the provisions of the Election Contract.

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

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absence of the Presiding Judge, the Alternate Presiding Judge shall perform the duties of the
Presiding Judge of the election precinct.

5. EARLY VOTING. Electors may cast their early votes by mail or by personal
appearance at the times and places determined by the Election Official in accordance with the
Election Contract.

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 Official, as identified in Exhibit B hereto.

6. EARLY VOTING BALLOT BOARD. The District authorizes the 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.

7. ELECTORS. All resident, qualified electors of the District shall be entitled and
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.

8. OFFICIAL PROPOSITION. At said election the following PROPOSITION
shall be submitted in accordance with law:

FORNEY LS.D. PROPOSITION A
PROPOSITION A

“Shall the Board of Trustees of the Forney Independent School District be

authorized to issue and sell bonds of the District, in one or more series, in the

aggregate principal amount not to exceed $623,000,000 (Six Hundred Twenty
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Three Million Dollars) for the purposes of designing, constructing, renovating,
improving, upgrading, updating, acquiring, and equipping school facilities (and any
necessary or related removal of existing facilities), the purchase of necessary sites
for school facilities, with priority given to facilities for Pre-K through 12th grades,
college career readiness, and safety and security, 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?”
9. FORM OF BALLOT. The official ballots for said election shal] be
prepared in accordance with the Texas Election Code so as to permit the electors to vote “FOR”
or “AGAINST” the aforesaid PROPOSITION, with the ballots to contain such provisions,
markings, and language as required by law, and with such PROPOSITION to be expressed
substantially as follows:
FORNEY ILS.D. PROPOSITION A
__ FOR “THE ISSUANCE OF $623,000,000 OF BONDS BY THE
FORNEY INDEPENDENT SCHOOL DISTRICT FOR SCHOOL
FACILITIES WITH PRIORITY GIVEN TO FACILITIES FOR
PRE-K THROUGH 12TH GRADES, COLLEGE CAREER
__ AGAINST —_ READINESS, AND SAFETY AND SECURITY, AND THE
LEVYING OF A TAX IN PAYMENT THEREOF.”

10. ELECTION CODE AND HAVA. In all respects the Election shall be conducted
in accordance with the Texas Election Code. Pursuant to the federal Help America Vote Act
(“HAVA”) and the Code, at each polling place there shall be at least one voting system that is
equipped for disabled individuals, and each such voting system shall be a system that has been
certified by the Texas Secretary of State as compliant with HAVA and the Code. The
Superintendent is hereby authorized to enter into any necessary agreements required to comply
with this section.

11. BILINGUAL ELECTION MATERIALS. All election materials (including
notice of the election, ballots, instruction cards, affidavits, and other forms which voters may be
required to sign) and all early voting materials shall be printed in both English and Spanish, or

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Spanish translations thereof, and/or other assistance shall be provided, as required by the Texas
Election Code and the Federal Voting Rights Act of 1965, each as amended.

12, ELECTRONIC VOTING MACHINES. 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.

13. CENTRAL COUNTING STATION. The District authorizes the Election
Official to utilize a Central Counting Station (the “Station”) as provided by Section 127.001, et
seq., as amended, Texas Election Code. The Election Official, or designee thereof, is hereby
appointed as the Manager of the Station who will establish a written plan for the orderly operation
of the Station in accordance with the provisions of the Texas Election Code. The Board authorizes
the Election Official, or the designee thereof, to appoint the Presiding Judges, the Tabulation
Supervisors, and the Programmers of the Station and may appoint Station clerks as needed or
desirable. The Election Official 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 the Station in accordance with the provisions of the Texas Election Code.

14. GENERAL STATEMENTS. In accordance with the provisions of Section
3.009(b), Texas Election Code, it is hereby found and determined that:

(a) Theproposition language that will appear on the ballot is set forth in Section 9 hereof.

(b) The purpose for which the bonds are to be authorized is set forth in Section 8 hereof.

(c) Theprincipal amount of the debt obligations to be authorized is set forth in Sections
8 and 9 hereof.

(d) As set forth in Sections 8 and 9 hereof, if the bonds are approved by the voters,
the Board of Trustees will be authorized to levy 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.

(e) Based upon the bond market conditions at the date of adoption of this Order, the
maximum interest rate for any series of the bonds authorized at the Election is estimated to be
6.5% (expressed as a net effective interest rate applicable to any such series of bonds) as
calculated in accordance with applicable law. Such estimate takes into account a number of

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factors, including the issuance schedule, maturity schedule and the expected bond ratings of the
proposed bonds. Such estimated maximum interest rate is provided as a matter of information
and for Texas statutory compliance, but is not a limitation on the interest rate at which the bonds,
or any series thereof, may be sold or the amortization period for bonds that are the subject of this
Election.

(f) As set forth in Section 8 hereof, if the bonds are approved, they may be issued in
one or more series, to mature serially, over a period not to exceed 40 years, though the District
estimates that, based on current bond market conditions, such bonds will amortize over a 30-year
period from their respective date of issue.

(g)  Theaggregate amount of the outstanding principal of the District’s debt obligations,
through respective maturity, (all of which are secured by an unlimited tax levied for debt service
purposes) as of the beginning of the District’s 2019-20 fiscal year is $287,086,523.

(h) The aggregate amount of the outstanding interest of the District’s debt obligations,
through respective date of issue (all of which are secured by an unlimited tax levied for debt
service purposes), as of the beginning of the District’s 2019-20 fiscal year is $410,977,449.

(i) The ad valorem debt service tax rate for the District for the 2019-20 fiscal year
is $0.5000 per $100 of taxable assessed valuation.

15. NOTICE OF ELECTION. Notice of election, 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. Moreover, a substantial copy of this Order, including a Spanish translation thereof, shall
be posted (i) on the bulletin board used for posting notices of Board meetings not less than 21
days prior to Election Day, (ii) in three additional public places within the District’s boundaries
not later than 21 days prior to Election Day, (iii) in a prominent location at each polling place on
Election Day and during early voting, and (iv) in a prominent location on the District’s internet
website not less than 21 days prior to Election Day. The Superintendent is authorized to correct,
complete and revise the Notice to conform to changes that occur subsequent to the passage of
this Order.

16. AUTHORITY TO EXECUTE DOCUMENTS AND APPROVE TECHNICAL
CHANGES TO ORDER. 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 Official, 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, upon consultation with the
District’s Bond Counsel, that are necessary to correct any ambiguity or mistake or that are
necessary for compliance with applicable Texas or federal law or to carry out the intent of the

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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.
The District is authorized to pay the fees charged by the County for services rendered in
connection with the Election.

17. The recitals contained in the preamble hereof are hereby found to be true, and such
recitals are hereby made a part of this Order for all purposes and are adopted as a part of the
judgment and findings of the Board.

18. All orders and resolutions, or parts thereof, which are in conflict or inconsistent
with any provision of this Order are hereby repealed to the extent of such conflict, and the
provisions of this Order shall be and remain controlling as to the matters ordered herein.

19. This Order shall be construed and enforced in accordance with the laws of the State
of Texas and the United States of America.

20. ‘It is officially found, determined, and declared that the meeting at which this Order
is adopted was open to the public and public notice of the time, place, and subject matter of the
public business to be considered at such meeting, including this Order, was given, all as required
by Chapter 551, as amended, Texas Government Code.

21. —s«If any provision of this Order or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Order and the application of such
provision to other persons and circumstances shall nevertheless be valid, and the Board hereby
declares that this Order would have been enacted without such invalid provision.

22. EFFECTIVE DATE. Pursuant to the provisions of Section 1201.028, Texas

Government Code, this Order shall become effective immediately upon adoption thereof.

IT IS SO ORDERED.

* * *
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PASSED AND APPROVED, this the 28th day of May 2019.
FORNEY INDEPENDENT SCHOOL
DISTRICT ;
7)
; : VA i hilee
Greg Phagizs,
President, Board of Trustees
ATTEST:
Eu! Jo ah
Secretary, Board of Trustees
(DISTRICT SEAL)
[Signature Page to Forney Independent School District Bond Election Order]
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Exhibit A
ELECTION DAY PRECINCT AND POLLING INFORMATION
Election Day: November 5, 2019.
Election Day Polling Locations open from 7 a.m. to 7 p.m.
Presiding Judges and Alternates: to be determined by the Election Official.
*Kaufman County participates in the Countywide Polling Place program under Section 43.007,
as amended, Texas Election Code. Registered voters will be able to cast their Election Day
ballots at any of the Vote Centers identified below:
District Kaufman Polling Places*
Precinct County
Precincts
1 11, 13,14, St Ann Catholic Church, 806 S. Washington St., Kaufman, Texas 75142
25, 27,29, Ola Church of Christ, 9720 St. Hwy 243, Kaufman, Texas 75142
3,4, 7 First Baptist Church Forney, 1003 FM 741, Forney, Texas 75126
Talty Baptist Church, 5210 N FM 148, Crandall, Texas 75114
Terrell Service Center, 400 Industrial Blvd., Terrell, Texas 75160
Ables Springs Fire Station, 30000 FM 429, Terrell, Texas 75161
Devonshire HOA, 1201 Ravenhill Rd., Forney, Texas 75126
Emmanual Baptist Church, 1717 N. Francis St., Terrell, Texas 75160
The Elmo Fire Station, 12777 FM 2728, Terrell, Texas 75161
Scurry Rosser Admin. Bldg., 10705 St. Hwy 34, Scurry, Texas 75158
Beacon Hill Baptist, 594 Hwy 80 West, Forney, Texas 75126
Lively Baptist Church, 18075 8. FM 148, Kemp, Texas 75143
Mustang Creek Church, 13851 FM 548, Forney, Texas 75126
First Baptist Church Kemp, 1320 S. Elm, Kemp, Texas 75143
Mabank City Hall, 129 E. Market St., Mabank, Texas 75147
Pontview Baptist Church, 110 Hwy 3039, Combine, Texas 75159
Crandall/Combine Comm. Ctr., 500 W Lewis/FM 3039, Crandall, Texas
75114
First Assembly of God Church, 203 Main St., Terrell, Texas 75160
Bingo Hall-Terrell, 14701 Hwy 205, Terrell, Texas 75160
Abner Baptist Church, 6877 FM 2727, Kaufman, Texas 75142
Post Oak Bend Comm. Ctr., 1175 Co. Rd. 278, Kaufman, Texas 75142
Forney Sub Courthouse, 200 E. Main St., Forney, Texas 75126
Bethlehem Baptist Church, 500 S. Francis St., Terrell, Texas 75160
East Side Church of Christ, 627 S. FM 548, Forney, Texas 75126
Kaufman County Library, 3790 S. Houston St., Kaufman, Texas 75142
. Heartland Comm. Ctr., 3558 Kirby Lane, Heartland, Texas 75126
Warsaw Comm. Ctr.,.6430 FM 148, Kaufman, Texas 75142
A-1
, Exhibit B
EARLY VOTING
Early voting begins Monday, October 21, 2019 and ends on Friday, November 1, 2019.
Early Voting Clerk: Brenda Samples, 100 N. Washington St., Kaufman, Texas 75142.

Presiding Judge of the Early Voting Ballot Board: To be determined by the Early Voting Clerk.
Voters entitled to vote an early ballot by personal appearance may do so at any Early Voting site.
Kaufman County Courthouse Annex, 100 N. Washington St., Kaufman, Texas 75142
(main location)

Forney Sub Courthouse 200 E. Main St., Forney, Texas 75126
Kemp Sub Courthouse, 103 N. Main, Kemp, Texas 75143
Terrell Sub Courthouse, 408 E. College, Terrell, Texas 75160
Lewis Elementary, 1309 Luckenbach, Forney Texas 75126
Criswell Elementary, 401 FM 740, Forney Texas 75126
Crosby Elementary, 495 Diamond Creek Drive, Forney Texas 75126
Blackburn Elementary, 2401 Concord, Forney Texas 75126
Henderson Elementary, 12755 FM 1641, Forney Texas 75126
Monday, October 21, 2019 through Friday, October 25, 2019 8:00 a.m. — 5:00 p.m.
Saturday, October 26, 2019 7:00 a.m. — 7:00 p.m.
Sunday, October 27, 2019 1:00 p.m. — 6:00 p.m.
Monday, October 28, 2019 through Wednesday, October 30, 2019 8:00 a.m. — 5:00 p.m.
Thursday, October 31, 2019 through Friday, November 1, 2019 7:00 am. — 7:00 p.m.
Early Voting By Mail
Applications should be sent to: Brenda Samples, P.O. Box 339, Kaufman, Texas 75142; fax: (972)
932-1413; email: posteen@kaufmancounty.net. Applications for voting by mail should be
received no later than the close of business (5:00 p.m.) on Friday, October 25, 2019. 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.
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