Raleigh

Legal Notice

NOTICE OF ELECTION
FOR SCHOOL BOARD EXCESS LEVY ISSUE
TO BE HELD ON MAY 14, 2024

TO THE VOTERS OF WYOMING COUNTY

PLEASE TAKE NOTICE:

That at a duly held meeting, The Board of Education of the County of Wyoming adopted and
entered of record the following Excess Levy Order:

ORDER

After full consideration thereof, The Board of Education of the County of Wyoming [West Virginia] (the “Board”), being of the opinion that the levies for current expenses authorized by Article 8, Chapter 11 of the Code of West Virginia, 1931, as amended, will not provide sufficient funds for the payment of general current expenses of schools in Wyoming County, West Virginia, including expenditures for the purposes hereinafter stated, during the fiscal years beginning July 1, 2024, July 1, 2025, July 1, 2026, July 1, 2027, and July 1, 2028, and having ascertained that the approximate average amounts hereinafter shown in excess of the amounts raised by regular levies will be needed by the Board, subject to variations from year to year, during each of said five (5) fiscal years, and that the question of increase of such levies should be submitted to the voters of Wyoming County at a primary election to be held on May 14, 2024, in accordance with applicable law, it is hereby ORDERED and DECLARED that:
1. The purpose for which additional funds are needed during the term of this five year levy, and the approximate average annual amount for such purposes after due allowances for discounts, delinquencies, exonerations, uncollected taxes and shrinkage, subject to variation from year to year as set forth herein, are as follows:

a. $1,425,000 annually to provide free textbooks and related instructional materials in grades Pre-K through 12, both print and electronic versions, as well as free electronic devices necessary to utilize such materials;
b. $100,000 annually to provide free school accident insurance policy for all students and the support of school bands, choral activities, and fine arts programs;
c. $500,000 annually to provide necessary instructional supplies, materials, computers, and technology equipment to all schools and for providing technical support to maintain, repair, and upgrade computers, software, and other technology;
d. $555,000 annually to provide for Protection Resource Officers (PRO) at the two high schools, safety and security improvements and maintenance of safety equipment within schools;
e. $100,000 annually for the operation, repair, and installation of safety equipment on school buses;
f. $77,191 annually to provide support of the county public library system and $50,000 annually for support of the WVU Extension Office and 4-H programs in the county;
g. $50,000 annually to provide assistance to the Wyoming County Health Department for immunization and heath care needs of school age children;
h. $1,278,789 annually to provide for the employment and retention of qualified teachers not provided within the State Aid funding formula, salaries for athletic coaches, and other professional development needs;
i. $780,000 annually to provide support of schools through the employment of service personnel not provided within the State Aid funding formula;
j. $575,000 annually for continuing to provide dental, optical and medical reimbursement coverages for all employees;
k. $905,385 to provide for the general improvement, repair and/or maintenance of school facilities, including, without limitation, safety equipment, safety improvements, energy and water management, HV AC repair and renovations;
l. $250,000 annually to provide for the purchase and/or repair of school furniture, equipment, and playground equipment; and
m. $300,000 annually to provide for instructional support services, cultural, academic, attendance, extracurricular activities, and learning enrichment activities to support student learning opportunities.

The amounts set forth above are the anticipated average annual amounts for each purpose. The actual amounts for each purpose likely will vary from one fiscal year to the next. If any item in the above-stated purposes is declared unconstitutional or invalid due to judicial or legislative action, then any affected funds will be distributed among the remaining constitutional and valid itemized purposes.

2. The total amount necessary to carry out the above purposes over five fiscal years, after making reasonable allowances for discounts, delinquencies, exonerations, uncollected taxes and shrinkage, is $34,731,825 or the average sum of $6,946,365 annually. The actual amounts budgeted, as well as the amounts spent, for each purpose and in aggregate, likely will vary from one fiscal year to the next depending on the realized tax collections and the needs of the Wyoming County School District, as determined by the Board with respect to each fiscal year. If the amounts budgeted by the Board for a specific purpose or purposes for a fiscal year are not able to be spent entirely in such fiscal year, then the unspent amounts shall be carried over and, in the Board’s sole discretion, spent on such specific purpose or purposes in subsequent fiscal years.
3. If additional State, Federal, private or other special funds are made available to the Board for any of the above-stated purposes, the amounts herein set forth may be used, solely or on a matching basis, to secure said additional funds or provide additional services. Additional funds received by grant, donation or otherwise from the state or federal government, or from any agency of either, or from any other public or private source, for the above-stated purposes, may be used either in substitution for or in addition to the funds obtained from this Excess Levy.
4. The Board reserves unto itself as the levying body the right and authority, in its discretion, to reduce the rates of the excess levy, should increased assessments produce funds in excess of projected needs in any year specified in the levy call in accordance with section six-g, article eight, chapter eleven, of the West Virginia Code.
5. The Board is hereby authorized and empowered to expend, during the term of this Excess Levy and one additional year, the surplus, if any, accruing in excess of the above amounts needed for any of the above-stated purposes, plus excess collections due to increased assessed valuations for the enrichment, supplementation, operation, and improvement of educational services, schools and/or facilities in the public schools of Wyoming County, as Board may determine from time to time, in its discretion.
6. In the event that the actual amount collected is less than the amounts noted for the above-stated purposes for any one or more fiscal years, the Board is hereby authorized and empowered to determine, in its discretion, which one or more of the above-stated purposes shall be reduced for each such fiscal year, and the amount of each such reduction for such fiscal year; provided, that the total of all such reductions shall not exceed the amount of such collection shortfall each year.
7. The separate and aggregate assessed valuation of each class of taxable property within the Wyoming County for the assessment year ending June 30, 2024 is as follows:

Class I Property $0
Class II Property $108,019,746
Class III Property $683,256,390
Class IV Property $58,741,215
TOTAL $850,017,351

8. That the proposed additional rate of levy, in cents per $100 of assessed value on each class of property for the fiscal years beginning July I, 2024, July I, 2025, July 1, 2026, July 1, 2027, and July 1, 2028 is as follows:

Class I Property 22.95 cents
Class II Property 45.90 cents
Class III Property 91.80 cents
Class IV Property 91.80 cents

9. That the proposed years to which the additional levies shall apply are the fiscal years beginning July 1, 2024, July 1, 2025, July 1, 2026, July 1, 2027, and July 1, 2028.
10. That the question of such additional levies shall be submitted to a vote at a primary election to be held in Wyoming County, West Virginia on the 14th day of May, 2024.
11. That notice calling such election shall be given by the publication of this Order for said election in The Independent Herald, a newspaper of general circulation in the Wyoming County School District, as qualified by the West Virginia Secretary of State. All the provisions of the laws concerning elections shall apply as far as they are practicable.
12. The official ballot to be used in the election herein provided shall be in form as follows:

FORM OF BALLOT

OFFICIAL BALLOT

Special Levy Election
to Authorize the Additional Levies
According to the Order of The Board of Education
of the County of Wyoming Adopted and Entered on February 5, 2024

Special election to authorize additional levies (the “Excess Levy”) for the fiscal years beginning July 1, 2024, July 1, 2025, July 1, 2026, July 1, 2027, and July 1, 2028, in the approximate average amount of $6,946,365 annually, for the purpose of the payment of the general current expenses of The Board of Education of the County of Wyoming (the “Board”), including for the purposes hereinafter set forth; all according to the Order of the Board entered on the 5th day of February, 2024, and as more particularly described below.

The purposes for which additional funds are needed during the term of this five year levy, and the approximate average annual amount for such purposes after due allowances for discounts, delinquencies, exonerations, uncollected taxes and shrinkage, subject to variation from year to year, are as follows:

a. $1,425,000 annually to provide free textbooks and related instructional materials in grades Pre-K through 12, both print and electronic versions, as well as free electronic devices necessary to utilize such materials;
b. $100,000 annually to provide free school accident insurance policy for all students and the support of school bands, choral activities, and fine arts programs;
c. $500,000 annually to provide necessary instructional supplies, materials, computers, and technology equipment to all schools and for providing technical support to maintain, repair, and upgrade computers, software, and other technology;
d. $555,000 annually to provide for Protection Resource Officers (PRO) at the two high schools, safety and security improvements and maintenance of safety equipment within schools;
e. $100,000 annually for the operation, repair, and installation of safety equipment on school buses;
f. $77,191 annually to provide support of the county public library system and $50,000 annually for support of the WVU Extension Office and 4-H programs in the county;
g. $50,000 annually to provide assistance to the Wyoming County Health Department for immunization and heath care needs of school age children;
h. $1,278,789 annually to provide for the employment and retention of qualified teachers not provided within the State Aid funding formula, salaries for athletic coaches, and other professional development needs;
i. $780,000 annually to provide support of schools through the employment of service personnel not provided within the State Aid funding formula;
j. $575,000 annually for continuing to provide dental, optical and medical reimbursement coverages for all employees;
k. $905,385 to provide for the general improvement, repair and/or maintenance of school facilities, including, without limitation, safety equipment, safety improvements, energy and water management, HV AC repair and renovations;
l. $250,000 annually to provide for the purchase and/or repair of school furniture, equipment, and playground equipment; and
m. $300,000 annually to provide for instructional support services, cultural, academic, attendance, extracurricular activities, and learning enrichment activities to support student learning opportunities.

The amounts set forth above are the anticipated average annual amounts for each purpose. The actual amounts for each purpose likely will vary from one fiscal year to the next. If any item in the above-stated purposes is declared unconstitutional or invalid due to judicial or legislative action, then any affected funds will be distributed among the remaining constitutional and valid itemized purposes.

The total amount necessary to carry out the above purposes over five fiscal years, after making reasonable allowances for discounts, delinquencies, exonerations, uncollected taxes and shrinkage, is $34,731,825 or the average sum of $6,946,365 annually. The actual amounts budgeted, as well as the amounts spent, for each purpose and in aggregate, likely will vary from one fiscal year to the next depending on the realized tax collections and the needs of the Wyoming County School District, as determined by the Board with respect to each fiscal year. If the amounts budgeted by the Board for a specific purpose or purposes for a fiscal year are not able to be spent entirely in such fiscal year, then the unspent amounts shall be carried over and, in the Board’s sole discretion, spent on such specific purpose or purposes in subsequent fiscal years.

If additional State, Federal, private or other special funds are made available to the Board for any of the above-stated purposes, the amounts herein set forth may be used, solely or on a matching basis, to secure said additional funds or provide additional services. Additional funds received by grant, donation or otherwise from the state or federal government, or from any agency of either, or from any other public or private source, for the above-stated purposes, may be used either in substitution for or in addition to the funds obtained from this Excess Levy.

The Board reserves unto itself as the levying body the right and authority, in its discretion, to reduce the rates of the excess levy, should increased assessments produce funds in excess of projected needs in any year specified in the levy call in accordance with section six-g, article eight, chapter eleven, of the West Virginia Code.

The Board is hereby authorized and empowered to expend, during the term of this Excess Levy and one additional year, the surplus, if any, accruing in excess of the above amounts needed for any of the above-stated purposes, plus excess collections due to increased assessed valuations for the enrichment, supplementation, operation, and improvement of educational services, schools and/or facilities in the public schools of Wyoming County, as Board may determine from time to time, in its discretion.

In the event that the actual amount collected is less than the amounts noted for the above-stated purposes for any one or more fiscal years, the Board is hereby authorized and empowered to determine, in its discretion, which one or more of the above-stated purposes shall be reduced for each such fiscal year, and the amount of each such reduction for such fiscal year; provided, that the total of all such reductions shall not exceed the amount of such collection shortfall each year.

The additional levy, in cents per $100 of assessed value on each class of property, shall be on Class I property 22.95 cents; on Class II property 45.90 cents; on Class III property 91.80 cents; on Class IV property 91.80 cents.

That the proposed years to which the additional rate of levies shall apply are the fiscal years beginning July 1, 2024, July 1, 2025, July 1, 2026, July 1, 2027, and July 1, 2028.

INSTRUCTION TO VOTERS:

Those favoring the additional levies, mark in the square “FOR THE LEVIES”; and those against such additional levies, mark in square “AGAINST THE LEVIES”.

FOR THE LEVIES

AGAINST THE LEVIES

END OF FORM OF BALLOT

14. The Board will not issue bonds in connection with the approval of the proposed additional levies.
15. The Secretary of the Board with the assistance of the Clerk of the County Commission of the County of Wyoming, which said Clerk is hereby designated and appointed as an agent of this Board for this election, are hereby authorized and directed to procure and furnish to the election commissioners at each voting precinct, insofar as practicable, the ballots, poll books, tally sheets and other things necessary for conducting the election, as provided by Section 11, Article 1, Chapter 13 of the Code, and perform all duties imposed by law upon clerks of the County Commission in relation to elections, and assist the County Commission, sitting as the board of canvassers, with canvassing the results of the election in accordance with Section 13, Article 1, Chapter 13 of the Code. The commissioners and clerks appointed and certified for the purpose of the election shall be the same commissioners and clerks designated, appointed and certified by the County Commission.
16. Absentee ballots shall be applied for, obtained from and returned to the Clerk of the County Commission of the County of Wyoming, and said Clerk is hereby appointed the agent for the Board to perform all duties relating to absentee ballots in elections.
17. The registration of voters and the use of the registration booths shall be governed by the permanent registration law of the State of West Virginia and the Board hereby adopts the registration list of Wyoming County as the official registration list of the school district for this election.

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