0502 0509
NOTICE OF ELECTION
FOR SCHOOL BOARD EXCESS LEVY ISSUE
TO BE HELD ON MAY 14, 2024
TO THE VOTERS OF CLAY COUNTY
PLEASE TAKE NOTICE: That at a duly held meeting, The Board of Education of the County
of Clay adopted and entered of record the following Excess Levy Order:
ORDER
After full consideration thereof, The Board of Education of the County of Clay [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 (the “Code”), will not provide sufficient funds for the payment of general current expenses of schools in Clay 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 l, 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 Clay 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 purposes for which additional funds are needed dining 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:
PURPOSES FOR WHICH AVERAGE ANNUAL
ADDITIONAL FUNDS ARE NEEDED AMOUNT
FOR EACH PURPOSE
School Health, Safety, and Security, including but not limited $387,791
to the following:
• Employment of two school security officers (one to service
Clay High School and Clay Middle School and one to
service Clay Elementary and Big Otter Elementary);
• Installation of safe school entrances for Big Otter
Elementary School, Clay Elementary School, and Clay
Middle School;
• Intruder locksets for all classroom doors; and panic alert
systems;
• Surveillance and communication upgrades, including
security cameras and telephone and intercom systems; and/or
• Accident and liability insurance.
Extra-Curricular and Co-Curricular Programs and $88,640
Transportation, including but not limited to the following:
• Maintain activity buses for August for fall sports and
extracurricular activities, along main routes, to transport
students for practices, competitions, and educational field trips.
• Pay for buses to transport students to afterschool football,
baseball, track and cross-country practice to Maysel Park and
to Dundon;
• Alleviate expenses incurred for national competitions by
qualifying teams;
• Pay for travel for Clay Middle School and Clay High School
bands, chorus, choir and the arts to competitions; and/or
• Offer free admittance for students, employees of Clay County
Board of Education, and residents of Clay County with
a school issued pass to attend regular home sporting events.
Maintenance, Repair, and Improvement of School Buildings,
Playgrounds, and Athletic Facilities, including but not limited to $177,279
the following:
• Playground equipment at Clay Elementary School;
• Outdoor basketball court at Big Otter Elementary;
• Cost to improve and maintain athletic facilities including but
not limited to:
– Funding source to turf Bradley Field; and/or
– Improvements required by local, state, and federal agencies
to ensure the safe and efficient operation of facilities;
• Pay for repair and replacement of instruments for Clay
Middle School and Clay High School bands; and/or
• Custodial and maintenance supplies and equipment.
Support Student-Related Community Organizations and $66,480
Agencies, including the following:
• Maintain and keep the Clay Pool open, purchase of pool
supplies, chemicals, water, sewage, maintenance and utilities;
• Pay for water and electricity for Maysel Park usage for Clay
High School baseball, Clay Middle School baseball, Clay
County Youth baseball and Clay County Youth Football;
• Clay County Health Department;
• Clay County WVU Extension Office (4-H); and
• Clay County Public Library.
Free Textbooks and Workbooks (including digital and electronic $110,799
equivalents) for all students in preschool through twelfth grade,
including but not limited to the following:
• Required textbooks and tuition for Advanced Placement and
dual credit courses at Clay High School;
• Required textbooks for grades PreK-12;
• Software to facilitate virtual school instruction and/or
• Software and licenses for supplemental programs.
Instructional Supplies, Materials and Equipment for the classroom $110,799
teachers and students, including but not limited to the following:
• Copiers, toner, paper, and contacts to service copy machines;
• Replacement of iPads, laptops, mobile computer labs, and
printers; and/or
• Other electronic equipment for all students as needed.
Establishment of a Permanent Improvement Fund to allow for the $77,560
following:
• Constructing new facilities;
• Remodeling and major improvements to existing facilities; and/or
• A contingency fund for inflation and other unforeseen costs.
Contracted Services, including but not limited to the following: $88,640
• Speech, occupational, and physical therapy services for special
and qualifying students;
• Required inspections;
• Maintenance and Pest control;
• Random drug testing and background checks; and/or
• Legal services.
Total: $1,107,988
As noted above, the amounts set forth above are the anticipated average annual amounts for each purpose. 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 $5,539,940 or the average sum of $1,107,988 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 and the needs of the Clay 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 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, 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, in its discretion, the right and authority to reduce the rates of this Excess Levy if increased property assessments result in funds in excess of the projected needs in any year specified in this Order in accordance with West Virginia Code §11-8-6g.
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 and/or facilities in the public schools of Clay 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 Clay County for the assessment year ending June 30, 2024, is as follows:
Class I Property $0
Class II Property $126,973.769
Class III Property $158,115,872
Class IV Property $12,339,574
TOTAL $297,429,215
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 1, 1024, July 1, 2025, July 1 2026, July 1 2027, and July 1, 2028, is as follows:
Class I Property 13.00 cents
Class II Property 26.00 cents
Class III Property 52.00 cents
Class IV Property 52.00 cents
9. That the proposed years to which the excess levy shall apply are the fiscal years beginning July 1, 1024, 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 Clay 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 Clay County Free Press, a newspaper of general circulation in the Clay County School District, as qualified by the West Virginia Secretary of State. All the provisions of the laws concerning primary 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 Additional Levies
According to the Order of The Board of Education
of the County of Clay Adopted and Entered on January 23, 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 $1,107,988, annually, for the purpose of the payment of the general current expenses of The Board of Education of the County of Clay (the “Board”), including for the purposes hereinafter set forth; all according to the Order of the Board entered on the 23rd day of January 2024, and as more particularly described below.
The purposes for which additional funds are needed dining 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:
PURPOSES FOR WHICH AVERAGE ANNUAL
ADDITIONAL FUNDS ARE NEEDED AMOUNT
FOR EACH PURPOSE
School Health, Safety, and Security, including but not limited $387,791
to the following:
• Employment of two school security officers (one to service
Clay High School and Clay Middle School and one to
service Clay Elementary and Big Otter Elementary);
• Installation of safe school entrances for Big Otter
Elementary School, Clay Elementary School, and Clay
Middle School;
• Intruder locksets for all classroom doors; and panic alert
systems;
• Surveillance and communication upgrades, including
security cameras and telephone and intercom systems; and/or
• Accident and liability insurance.
Extra-Curricular and Co-Curricular Programs and $88,640
Transportation, including but not limited to the following:
• Maintain activity buses for August for fall sports and
extracurricular activities, along main routes, to transport
students for practices, competitions, and educational field trips.
• Pay for buses to transport students to afterschool football,
baseball, track and cross-country practice to Maysel Park and
to Dundon;
• Alleviate expenses incurred for national competitions by
qualifying teams;
• Pay for travel for Clay Middle School and Clay High School
bands, chorus, choir and the arts to competitions; and/or
• Offer free admittance for students, employees of Clay County
Board of Education, and residents of Clay County with
a school issued pass to attend regular home sporting events.
Maintenance, Repair, and Improvement of School Buildings,
Playgrounds, and Athletic Facilities, including but not limited to $177,279
the following:
• Playground equipment at Clay Elementary School;
• Outdoor basketball court at Big Otter Elementary;
• Cost to improve and maintain athletic facilities including but
not limited to:
– Funding source to turf Bradley Field; and/or
– Improvements required by local, state, and federal agencies
to ensure the safe and efficient operation of facilities;
• Pay for repair and replacement of instruments for Clay
Middle School and Clay High School bands; and/or
• Custodial and maintenance supplies and equipment.
Support Student-Related Community Organizations and $66,480
Agencies, including the following:
• Maintain and keep the Clay Pool open, purchase of pool
supplies, chemicals, water, sewage, maintenance and utilities;
• Pay for water and electricity for Maysel Park usage for Clay
High School baseball, Clay Middle School baseball, Clay
County Youth baseball and Clay County Youth Football;
• Clay County Health Department;
• Clay County WVU Extension Office (4-H); and
• Clay County Public Library.
Free Textbooks and Workbooks (including digital and electronic $110,799
equivalents) for all students in preschool through twelfth grade,
including but not limited to the following:
• Required textbooks and tuition for Advanced Placement and
dual credit courses at Clay High School;
• Required textbooks for grades PreK-12;
• Software to facilitate virtual school instruction and/or
• Software and licenses for supplemental programs.
Instructional Supplies, Materials and Equipment for the classroom $110,799
teachers and students, including but not limited to the following:
• Copiers, toner, paper, and contacts to service copy machines;
• Replacement of iPads, laptops, mobile computer labs, and
printers; and/or
• Other electronic equipment for all students as needed.
Establishment of a Permanent Improvement Fund to allow for the $77,560
following:
• Constructing new facilities;
• Remodeling and major improvements to existing facilities; and/or
• A contingency fund for inflation and other unforeseen costs.
Contracted Services, including but not limited to the following: $88,640
• Speech, occupational, and physical therapy services for special
and qualifying students;
• Required inspections;
• Maintenance and Pest control;
• Random drug testing and background checks; and/or
• Legal services.
Total: $1,107,988
As noted above, the amounts set forth above are the anticipated average annual amounts for each purpose. 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 $5,539,940 or the average sum of $1,107,988 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 and the needs of the Clay 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 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, 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, in its discretion, the right and authority to reduce the rates of this Excess Levy if increased property assessments result in funds in excess of the projected needs in any year specified in this Order in accordance with West Virginia Code §11-8-6g.
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 and/or facilities in the public schools of Clay 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.
If a majority of the voters approve the proposed additional levies, the Board will not issue bonds in connection with the approval of such additional levies.
The additional levy, in cents per $100 of assessed value on each class of property, shall be on Class I property 13.00 cents; on Class II property 26.00 cents; on Class III property 52.00 cents; on Class IV property 52.00 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 VOTER
Those favoring the additional levies, mark in the square “FOR THE LEVIES”; and those against such additional levies, mark in the square “AGAINST THE LEVIES”.
FOR THE LEVIES
AGAINST THE LEVIES
END OF FORM OF BALLOT