Regulation 031-22

REGULATION NO. 031-22 AN ORDER CALLING AN ELECTION IN THE CITY OF OPELIKA ON FEBRUARY 28, 2023 WILL BE ENACTED BY THE City Council (hereinafter referred to as “the Council”) of the City of Opelika (hereinafter referred to as “the City”) in the State of Alabama, as follows: Section 1. Results. The Council hereby, on the basis of evidence duly presented and examined by it, finds, determines and declares that the following facts are true and correct: (a) The Opelika City Education Committee (hereinafter referred to as “the Board”) has requested that an election in the city to renew and continue a special value tax (hereinafter referred to as the “special school tax”) levied to support and encourage education at the excess rate of one and one-tenth percent per year provided for in Amendment No. 8 to the Constitution of Alabama of 1901 (rate equal to 11 mills for every dollar of appraised value of taxable property in the city) and procedures previously practiced under said constitution. (b) After careful consideration and deliberation, the Council has determined that it is desirable that the special education tax, if approved at the election noted below, be levied in each City tax year for twenty-eight (28) years beginning with the tax year, for which taxes become due and payable on October 1, 2025. (c) The levying of a special education tax of 11 million on each dollar of the appraised value of taxable property in the city will be in the best interests of the board and the city and is intended to provide the board with resources to use in connection with the operation of the city’s public schools and the acquisition, construction and furnishing of capital improvements thereof. Section 2. Call to Vote. A special municipal election is hereby called to be held in the city on Tuesday, February 28, 2023 (the fourth Tuesday of this month) between 7:00 a.m. and 7:00 p.m. Central Time. for the purpose of submitting to the qualified electors of the City, and determining their will with respect thereto by voting, the following question or proposal: Whether the City shall be entitled to renew and continue the annual tax and collection beginning with the tax year for the taxes become due and payable on October 1, 2025 and thereafter, up to and including the tax year for which taxes become due and payable on October 1, 2052, a special value tax for support and encouragement of education at the deductible per annual rate of one and one-tenth percent (or 11 million) on every dollar of the assessed value of taxable property in the city, this levy being a renewal and continuation of said tax, and shall not result in an increase in the tax rate for public school purposes now in force in of the city is raised. Section 3. Notice of Election. The Mayor is hereby directed to announce this election in the manner provided by law by publication in The Observer, a newspaper published and widely circulated in the city and in Lee County, the principal editorial office of which is located in that county, once per week for four consecutive weeks, provided that the first publication of such notice shall be no later than the fourth Tuesday in December 2022. The notice so published shall be in substantially the following form: NOTICE OF SPECIAL LOCAL ELECTIONS FOR THE RENEWAL AND DEVELOPMENT OF COLLECTION OF AN 11 MILLION VALUE TAX IN SUPPORT AND ENCOURAGEMENT OF EDUCATION IN THE CITY OF OPELIKA (Amendment No. 8, Constitution of Alabama of 1901) of the City of Opelika, in the State of Alabama on Tuesday, February 28, 2023, between 7:00 a.m. and 7:00 p.m. Central Time, at which time the qualifying elec will be submitted to the gates of said city, for its determination by vote, the following proposal: Should the city of Opelika be authorized to continue to levy and levy at an inflated rate of one and a tenth percent (or 11 million) of the estimated value of taxable property in the city the special annual value tax, now charged at the inflated rate of 11 Mills is levied, with the tax being levied and the net proceeds therefrom solely for the benefit and promoting education commencing on the tax year for which taxes become due and payable October 1, 2025 and thereafter up to and including the tax year for which taxes become due and payable on October 1, 2052, such levy being subject to renewal and is a continuation of the above tax and not to increase the rate of tax for public school purposes now levied in the city? The aforesaid election will be held at the following City-appointed polling stations, where the ballots of voters habitually voting at the aforesaid respective locations will be cast: WARD NO. LOCATION OF VOTING PLACES 1 Covington Community Center 213 Carver Avenue 2 Opelika Learning Center (formerly Old Jeter School) 214 Jeter Avenue 3 Opelika Community Center 1102 Denson Drive 4 East Alabama Medical Center Education Center 2027 Pepperell Parkway 5 Opelika Sportsplex 1001 Andrews Road Ballot Box City Clerk’s Office Municipal Building 204 South 7th Street Commissioned by City Council. /s/ Gary Fuller Mayor of Opelika Section 4. Ballots. The following is hereby accepted as the form of the official ballot to be used in the said election on the proposal referred to in the election notice pursuant to Section 3 of these Regulations, the ballot being prepared under the direction of the Town Clerk for use in the voting machines at the respective LOCATIONS: OFFICIAL WALLOT CITY OF OPELIKA, ALABAMA SPECIAL LOCAL ELECTION TO RENEW AND CONTINUE COLLECTION OF AN 11 MILLION. VALUE TAX TO SUPPORT AND ENCOURAGE EDUCATION IN THE CITY OF OPELIKA ( Amendment No. 8, 1901 Alabama Constitution) February 28, 2023 PROPOSAL Should the city of Opelika be authorized to continue collecting dues and at an excess rate of one and one-tenth percent ( or 11 million) of the estimated value of taxable property in the city to be levied and collected the special annual value tax now levied at the inflated rate of 11 mills, with the tax being collected and the net proceeds therefrom being used solely for patronage and sponsorship Education commencing with the tax year for which taxes become due and payable on October 1, 2025 and thereafter up to and including the tax year for which taxes become due and payable on October 1, 2052, the levy shall not increase the rate of Taxation for public school purposes now being levied in the city? ( ) FOR said 11 million overtax rate on the estimated value of taxable property for each successive tax year beginning with the tax year for which taxes become due and payable on October 1, 2025 and thereafter up to and including the tax year for taxes on October 1, 2025 October 1, 2052 ( ) AGAINST said 11 million excess tax rate on the estimated value of taxable property, for each subsequent tax year beginning with the tax year for which taxes become due and payable on October 1, 2025, and thereafter through including the tax year for which taxes become due and payable on October 1, 2052. The voter places a cross (X) in front of the proposal expressing their choice. Section 5. Ballots for Absent Voters. The form of absentee voter ballots to be cast at the election is the same as provided above, except as follows: (a) Instead of the words “Official Ballots” in the header of the ballot, the words “Official Postal Vote” are substituted; ; (b) In place of the Voter Instructions appearing at the end of the official ballot, the following shall be substituted: Voter Instructions The elector may choose whether for or against the said ad valorem tax by placing a cross before or after the words expressing his choice. (c) Each absentee ballot shall be accompanied by an envelope on which is printed an affidavit in the form prescribed by law for absentee voters for elections held in that State. Section 6. Polling Stations and Polling Officials. The polling stations in the city for the holding of said election are hereby determined and appointed as follows: WARD NO. LOCATION OF VOTING PLACES 1 Covington Community Center 213 Carver Avenue 2 Opelika Learning Center (formerly Old Jeter School) 214 Jeter Avenue 3 Opelika Community Center 1102 Denson Drive 4 East Alabama Medical Center Education Center 2027 Pepperell Parkway 5 Opelika Sportsplex 1001 Andrews Road Ballot Box City Clerk’s Office Municipal Building 204 South 7th Street The Council shall, by resolution to be adopted hereafter, appoint and appoint the electoral officers to conduct said election at said polling places. Section 7. Returns Promotion and Statement of Results. The Council will meet in the council chambers of City Hall no later than March 7, 2023, the first Tuesday after the election, to consider the results and announce the results of this election. The record of election results will be included in the Minutes and Minutes of Council meetings and when such records are so recorded, such records shall constitute conclusive evidence of the matters contained therein and the validity of the election unless challenged as required by law. Section 8. Conduct of the Election. Except as expressly provided herein, these special local elections shall be conducted, conducted and the results announced in the same manner as provided for in Chapter 46 of Title 11 of the 1975 Code of Alabama, as amended. ACCEPTED AND APPROVED this November 15, 2022. /s/ Eddie Smith PRESIDENT OF THE CITY COUNCIL FOR THE CITY OF OPELIKA, ALABAMA CONFIRMATION: /s/ Russell A. Jones CITY CLERK TRANSMITTED TO THE MAYOR this November 16, 2022. /s/ Russell A .Jones CITY CLERK ACTION BY MAYOR APPROVED this on November 16, 2022. /s/ Gary Fuller MAYOR CERTIFICATE: /s/ Russell A. Jones CITY CLERK

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