10-06-09

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DATE, TIME, PLACE OF MEETING

 

The Calcasieu Parish School Board met in the Board Room of the Calcasieu Parish School Board, located at 3310 Broad Street, Lake Charles, Louisiana, 70615, on Tuesday, October 6, 2009, at 4:45 p.m. The meeting was called to order by Elray Victorian, President. The prayer was led by Bryan LaRocque. The Pledge of Allegiance was led by Erin Fontenot, a student at Westlake High School.

 

ROLL CALL

 

The roll was called and the following members were present: Joe Andrepont, Annette Ballard, Dale Bernard, Billy Breaux, Randy Burleigh, Clara Duhon, Chad Guidry, Fred Hardy, Bill Jongbloed, James Karr, Bryan LaRocque, Jimmy Pitre, and Elray Victorian, R.L. Webb.

 

Mr. Dellafosse arrived after the roll was called. .

 

MINUTES APPROVED

 

On a motion by Mr. Andrepont and seconded by Mr. Karr, the Minutes of the regular meeting of September 8, 2009 were approved.

          

On a motion by Mr. Webb and a second by Mr. Burleigh, the Supplemental Agenda was accepted as a part of the Regular Agenda, by unanimous vote.

 

PRESENTATIONS

 

A. Principal of the Year

The following Principals were introduced by Donna Mancuso, High School Consultant; David Buller, Administrative Director of High Schools; Charlotte Gallemore, Administrative Director of Middle Schools; Dolores Hicks, Administrative Director of Elementary Schools:

 

Oak Park Elementary Principal Melinda Hardy, Parish and Regional Principal of the Year for Elementary Schools

S. P. Arnett Middle School Principal Van Richmond, Parish and Regional Principal of the Year for Middle Schools

DeQuincy High School Principal Craig Neal, Parish Principal of the Year for High Schools

B. Head Start Award

Sheryl Piper, Director of Early Childhood, introduced the following winners of the Training Conference Award from the Louisiana Head Start Association:

Kandi Jolivette – Wonderland of Play (represented by her son, Markel Jolivette)

Patsy Carston – Wonderland of Play

C. Calcasieu Soccer Club

Alirio Zambrano, regarding a feasibility study to institute soccer in middle schools. On a motion by Mr. Webb to approve the study, and a second by Mr. Andrepont, the motion carried.

 

PERSONNEL PACKET/EXECUTIVE SESSION

 

On a motion by Mr. Dellafosse and second by Mrs. Duhon, the Board adjourned into Executive Session at 5:38 p.m.; Regular Session resumed at 6:41 p.m.

 

On a motion by Mr. LaRocque to settle the WC Claim #20071322, with a second by Mr. Webb, the motion carried. On a motion by Mr. LaRocque to settle the WC Claim #08-394, with a second by Mr. Dellafosse, the motion carried.

 

PERSONNEL PACKET/TAKE APPROPRIATE ACTION

 

Mr. Savoy asked for a motion to accept the Personnel Packet, as presented. On a motion by Mr. Andrepont and second by Mr. Karr, the motion carried.

 

Mr. Anderson asked for a motion supporting the following recommendation:

 

Valla Johnson as Disproportionality Program Administrator. On a motion by Mr. Burleigh and second by Mrs. Duhon, the motion carried.

 

 

NAME

POSITION

LOCATION

DATES

ADDITIONAL INFORMATION

RESIGNATION

 

 

 

 

Herman Orphey

Custodian

Barbe Elementary

09/08/09

Personal reasons

Gregory Mahaffey

Teacher

Sulphur High 9th

09/11/09

Accepted employment in another school district

Shi Garriet

School Nurse

Nursing Department

09/04/09

Personal reasons

Courtney Gary

Teacher

Washington-Marion High

08/14/09

Personal reasons

Gregory Olson

Teacher

Reynaud Middle

09/26/09

Accepted employment in another school district

Rebekah Strauch

Teacher Aide

J. I. Watson Middle

09/22/09

Personal reasons

Susan Perkins

Teacher

Reynaud Middle

09/18/09

Personal reasons

Brandy Savoy

Teacher Aide

LaGrange High

09/21/09

Personal reasons

Amanda Davis

Custodian

Starks High

09/24/09

Relocating

RETIREMENT

 

 

 

 

Judy Tuckerson

Teacher

Oak Park Elementary

12/18/09

 

Mary Victorian

Clerk

Adult Education

12/31/09

 

Dorothy Strait

Tacher

Adult Education

12/18/09

 

Jan Mutersbaugh

Teacher

S.J. Welsh Middle

11/09/09

 

RETIRE-REHIRE

 

 

 

 

Maudry Alfred

Teacher

Oak Park Middle

Retire:  10/10/09    Rehire:  10/13/09

 

Carolyn Fusilier

Teacher

S.J. Welsh Middle

Retire:  11/13/09  Rehire:  11/17/09

 

MATERNITY LEAVE

 

 

 

Crystal Shelton-Semien

Teacher

Barbe Elementary

9/8/09-11/2/09

Due Date: 9/24/09

Tara Parra

Teacher

Nelson Elementary

9/1/09-10/28/09

Due Date: 9/8/09

Sara Peshoff

Teacher

Ralph Wilson Elementary

9/14/09-11/2/09

Due Date: 9/16/09

Bridget Walpole

Teacher

S.J. Welsh Middle

9/14/09-11/18/09

Due Date: 9/23/09

MATERNITY LEAVE

 

 

 

Stacy Lavoi

Librarian

M.J. Kaufman Elementary

9/8/09-11/7/09

Due Date: 9/7/09

Preble Girard

Teacher

S.J. Welsh Middle

1/4/10-3/1/10

Due Date: 12/29/09

Rebecca Viator

Teacher Aide

R.W. Vincent Elementary

9/14/09-12/7/09

Due Date:  10/23/09

Kristi Russell

Teacher

Vinton Elementary

10/5/09-12/7/09

Due Date: 10/5/09

LEAVE WITHOUT PAY

 

 

 

Nancy Desormeaux

Cafeteria Technician

Fairview Elementary

9/14/09-12/1/09

 

Alvin White

Custodian

Reynaud Middle

9/1/09-1/1/10

 

Dorothy Thomas

Bus Driver

J.J. Johnson Elementary

10/1/09-11/1/09

 

Tracy Mixon

Teacher

W. T. Henning Elementary

8/27/09-5/31/10

 

PROFESSONAL DEVELOPMENT

 

 

Veronica Broussard

Teacher

Brentwood Elementary

Spring 2009-2010  Fall 2010-2011

 

MEDICAL LEAVE

 

 

 

Mark Young

Teacher

Oak Park Middle

Fall 2009-2010

Beginning 8/20/09

Donna Ortego

Teacher

Fairview Elementary

Fall 2009-2010

Beginning 8/27/09

Shauna Newman

Teacher

Special Services Department

Fall 2009-2010

Beginning 8/19/09

Brenda Andrepont

Teacher

Jake Drost

2009-2010

 

Judith McCullough

Teacher

Moss Bluff Middle

Fall 2009-2010

 

Marjorie Chavis

Teacher

J.F. Kennedy Elementary

Fall 2009-2010

Beginning 9/8/09

TERMINATIONS RECOMMENDED

 

 

Paulette Moss

School Nurse

Nursing Department

Immediately

Job Abandonment

Tocarra Perry

Custodian

R. W. Vincent Elementary

Immediately

Job Abandonment

RECOMMENDATIONS

 

 

 

Recommend

Disproportionality Program Administrator

Assessment, Research, Special Services & Accountability

 

 

PERMISSION TO ADVERTISE

 

 

 

Advertise

Temporary Assistant Principal

Washington-Marion High

Adding 1 Additional Administrator

 

 

 

Mr. Savoy asked for a motion to advertise for the position of Temporary Assistant Principal at Washington-Marion High School. On a motion by Mr. Hardy and second by Mrs. Duhon, the motion carried.

 

COMMITTEE REPORTS

 

Budget Committee, September 29, 2009, Joe Andrepont, Chair

 

The Calcasieu Parish School Board Budget/Fiscal Management Committee met at 4:45 p.m., Tuesday, September 29, 2009 in the Board Room, 1732 Kirkman Street, Lake Charles, Louisiana.   A quorum was present.   Mr. LaRocque said the prayer and Mr. Breaux led the Pledge of Allegiance.

 

Present: Joe Andrepont, Chairman, Bill Jongbloed, Vice-Chair, committee members Annette Ballard, Billy Breaux, Clara Duhon, Chad Guidry, James Karr, Bryan LaRocque, and Secretary, Karl Bruchhaus.  Other Board members present were Randy Burleigh, Mack Dellafosse, Fredman Hardy, and R.L. Webb.

 

Absent:  Jimmy Pitre.

 

Mr. Andrepont called the meeting to order and introduced the first item for discussion, the Johnson Controls, Inc. (JCI) contract.

 

Mr. Bruchhaus gave a brief history of our contract with Johnson Controls beginning with the School Board signing an Energy Retrofit Contract in 1997.  In 2005, we entered into Phase II of the contract which added a larger service component responsible for all chillers and boilers. 

 

Mr. Bruchhaus then introduced Mike LeJeune, Tommy Trosclair, and Robbie Darbonne, representatives of Johnson Controls, Inc. who gave an update to the committee of their performance contract.  Phase II of the  performance based contract assists our maintenance department through integration of preventive maintenance, automatic temperature control services and repair, filter media replacement, mechanical and operation services and enhanced engineering. Recent hurdles to servicing have been lightning/brownouts/power surges resulting in nuisance alarms and damages, as well as busted/renovated chill water lines.  Also, JCI has experienced an extended backlog of 3rd party proprietary parts from certain original equipment manufacturer suppliers. 

 

Several Board members commended JCI on their courteous manner and quick response time when handling work order requests.  However, they were concerned that repairs were not being handled on a timely basis and that additional staffing is needed.  Board members also expressed concerns about run times of HVAC equipment and issues caused by equipment being turned off.  Presently, JCI has six employees assigned to the School Board.  Mr. Burleigh requested that staff provide information on how much the School Board has saved as well as how much has been spent on mold/mildew remediation.  Mr. Andrepont asked that Johnson Controls return to the Board within six to eight weeks with a Plan of Action to correct concerns addressed.

 

This update was for informational purposes only and no action was necessary.

 

Next, Mr. Bruchhaus presented a recommendation of a $100 teacher supply allocation for classroom related supplies during the 2009-2010 fiscal year.   The one-time appropriation of $255,000 would be included in Budget Revision #1 for the 2009-2010 General Fund.

 

On motion by Mr. Burleigh, seconded by Mrs. Duhon and approved, it was recommended that the $100 teacher supply allocation be approved as presented.

 

On behalf of the committee, Mr. Andrepont made a motion to accept. A second was not needed and on a vote, the motion carried.

 

The next item presented was Budget Revision #1 to the 2009-2010 General Fund budget.  The revision projected revenues and other sources of funds at $271,521,464, an increase of $9,994 from the original budget, and expenditures and other uses of funds totaled $272,238,811, an increase of $727,341.  The projected result of operations produced by revision #1 is a $717,347 deficit leaving unreserved/undesignated fund balance at $34,316,829 or 12.64% or projected revenues.

 

On motion by Mr. Breaux, seconded by Ms. Ballard, it was recommended that Budget Revision #1 to the 2009-2010 General Fund be approved as presented.

 

 

On behalf of the committee, Mr. Andrepont made a motion to accept. A second was not needed and on a vote, the motion carried.

 

Next, staff requested permission to negotiate with the City of Lake Charles for the purchase of the Weaver Park baseball facilities for potential Barbe High expansion projects.  The transaction would possibly include an exchange of 10 acres owned by the school board adjacent to C.A.S.E.S. for the five acre Weaver Park facility.  Any additional costs necessary from the possible exchange of properties would come from Riverboat Funds.

 

On motion by Ms. Ballard, seconded by Mr. Jongbloed and approved, it was recommended that staff be given permission to negotiate with the City of Lake Charles for a possible purchase of the Weaver Park baseball facilities as presented.

 

On behalf of the committee, Mr. Andrepont made a motion to accept. A second was not needed and on a vote, the motion carried.

 

 

TAKE APPROPRIATE ACTION

    

Attorney Jay Delafield presented the following resolutions, A-D:

      

A.  Resolution Authorizing CPSB to Proceed with Refunding of Bonds/District 34

 

On a motion to approve by Mr. Pitre and second by Mr. Breaux, the motion carried.

 

 SEQ CHAPTER \h \r 1                                                                                                                                                               

The Calcasieu Parish School Board, State of Louisiana, met in regular public session at its regular meeting place in the Calcasieu Parish School Board Office, 3310 Broad Street, Lake Charles, Louisiana, at 4:45 o’clock p.m. on October 6, 2009, pursuant to written notice given to each and every member thereof and duly posted in the manner required by law.

 

President, Elray Victorian, called the meeting to order and on roll call, the following members were present:

 

Joe A. Andrepont, Annette Ballard, Dale B. Bernard, Billy Breaux, Randall Burleigh, Clara Duhon, Chad Guidry, Fredman Hardy, Bill Jongbloed, James W. Karr, Sr., Bryan LaRocque, James W. Pitre, Elray Victorian and R. L. Webb (Mr. Dellafosse arrived after roll call).

 

ABSENT:               None

 

Wayne R. Savoy, Board Secretary, also attended.  The meeting was called to order and the roll called with the above results.

 

Thereupon, the following resolution was then introduced, and pursuant to motion made by Mr. Pitre and seconded by Mr. Breaux, was adopted by the following vote:

 

YEAS:     Mr. Andrepont, Mrs. Ballard, Mr. Bernard, Mr. Breaux, Mr. Burleigh, Mr. Dellafosse, Mr. Duhon, Mr. Guidry, Mr. Hardy, Mr. Jongbloed, Mr. Karr, Mr. LaRocque, Mr. Pitre, and Mr. Webb

 

NAYS:    None

 

ABSENT:None

 

 

NOT VOTING:      President Victorian

 

 

RESOLUTION

 

A RESOLUTION AUTHORIZING THE CALCASIEU PARISH SCHOOL BOARD TO PROCEED WITH DEVELOPMENT OF A CURRENT REFUNDING OF CERTAIN OUTSTANDING BONDS OF SCHOOL DISTRICT NO. 34; AUTHORIZING ISSUANCE BY SCHOOL DISTRICT NO. 34 OF NOT EXCEEDING $12,500,000 OF GENERAL OBLIGATION REFUNDING BONDS; MAKING APPLICATION TO THE STATE BOND COMMISSION AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH.

 

                                WHEREAS, the Calcasieu Parish School Board, acting as the governing authority of School District No. 34 of Calcasieu Parish, Louisiana (the “Issuer”), after examining available data, has determined that there is substantial need within the Issuer for refunding certain outstanding General Obligation Refunding Bonds by the Issuer, in accordance with the provisions of Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended; and

 

                                WHEREAS, issuance of certain general obligation refunding bonds of the Issuer will assist in alleviating such need;

 

                                NOW, THEREFORE, BE IT RESOLVED by the Calcasieu Parish School Board, the governing authority of School District No. 34 of Calcasieu Parish, Louisiana, as follows:

 

                                SECTION 1.  School District No. 34 of Calcasieu Parish, Louisiana is hereby authorized to proceed with a current refunding of the Issuer’s outstanding General Obligation Public School Improvement Bonds, Series 2005, involving the proposed issuance by School District No. 34 of not exceeding $12,500,000 General Obligation Refunding Bonds, 2010 Series, to mature not later than January 15, 2025, at a rate or rates not exceeding 4.5% per annum.

 

                                SECTION 2.  Application is hereby formally made to the Louisiana State Bond Commission, pursuant to the provisions of Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, for consent, approval and authority to issue, sell and deliver the bonds herein authorized, to be secured by and payable from the levy and collection of annual ad valorem taxes on all taxable property within the limits of each respective Issuer, and the pledge of the proceeds to be derived from that portion of the funds received by each Issuer from the State Revenue Sharing Fund to offset current losses caused by the homestead exemption, if any.

 

                                By virtue of the Issuer’s application for, acceptance and utilization of the benefits of the Louisiana State Bond Commission’s approval(s) resolved and set forth herein, it resolves that it understands and agrees that such approval(s) are expressly conditioned upon, and it further resolves that it understands, agrees and binds itself, its successors and assigns to, full and continuing compliance with the “State Bond Commission Policy on Approval of Proposed Use of Swaps, or other forms of Derivative Products Hedges, Etc,” adopted by the Commission on July 20, 2006, as to the borrowing(s) and other matter(s) subject to the approval(s), including subsequent application and approval under said Policy of the implementation or use of any swap(s) or other product(s) or enhancement(s) covered thereby.

 

                                SECTION 3.  The Secretary is empowered, authorized and requested to forward to the Louisiana State Bond Commission a certified copy of this resolution which shall constitute a formal application as herein provided.

 

                                SECTION 4.  There being a real public necessity for the retention and employment of legal counsel to provide specialized legal services in connection with issuance of the Bonds by the Issuer, and it appearing that the public interest requires obtaining of such specialized legal services, Joseph A. Delafield, A Professional Corporation, of Lake Charles, Louisiana (“Bond Counsel”), is hereby employed for such purposes.  The fee for the work to be performed by Bond Counsel is contingent upon the issuance, sale and delivery of the Bonds, and shall be in accordance with the maximum fee schedule of the Attorney General of the State of Louisiana for comprehensive legal and coordinate professional work of bond attorneys and bond counsel in the issuance of general obligation bonds.

 

                                SECTION 5.  The employment of Stephens Inc., Baton Rouge, Louisiana, as Underwriter in connection with the Bonds is hereby approved.  The compensation of the Underwriter shall be payable from the proceeds of the Bonds and shall be subject to the approval of the Issuer and the Louisiana State Bond Commission.

 

                                ADOPTED AND APPROVED on this 6th day of October, 2009.

 

                                                                                                                /s/ Elray Victorian                                    

                                                                                                                ELRAY VICTORIAN, President

 

/s/ Wayne R. Savoy                    

WAYNE R. SAVOY, Secretary

 

B.  Resolution Authorizing CPSB to Proceed with Refunding of Bonds/District 33

 

On a motion to approve by Mr. Pitre and second by Mr. Breaux, the motion carried.

 

 SEQ CHAPTER \h \r 1                                                                                                                               

The Calcasieu Parish School Board, State of Louisiana, met in regular public session at its regular meeting place in the Calcasieu Parish School Board Office, 3310 Broad Street, Lake Charles, Louisiana, at 4:45 o’clock p.m. on October 6, 2009, pursuant to written notice given to each and every member thereof and duly posted in the manner required by law.

 

President, Elray Victorian, called the meeting to order and on roll call, the following members were present:

 

Joe A. Andrepont, Annette Ballard, Dale B. Bernard, Billy Breaux, Randall Burleigh, Clara Duhon, Chad Guidry, Fredman Hardy, Bill Jongbloed, James W. Karr, Sr., Bryan LaRocque, James W. Pitre, Elray Victorian and R. L. Webb (Mr. Dellafosse arrived after the roll call)

 

 

ABSENT:               None

 

Wayne R. Savoy, Board Secretary, also attended.  The meeting was called to order and the roll called with the above results.

 

Thereupon, the following resolution was then introduced, and pursuant to motion made by Mr. Pitre and seconded by Mr. Breaux, was adopted by the following vote:

 

YEAS:     Mr. Andrepont, Mrs. Ballard, Mr. Bernard, Mr. Breaux, Mr. Burleigh, Mr. Dellafosse, Mr. Duhon, Mr. Guidry, Mr. Hardy, Mr. Jongbloed, Mr. Karr, Mr. LaRocque, Mr. Pitre, and Mr. Webb

 

NAYS:    None

 

ABSENT:None

 

 

NOT VOTING:      President Victorian

 

 


 

RESOLUTION

 

A RESOLUTION AUTHORIZING THE CALCASIEU PARISH SCHOOL BOARD TO PROCEED WITH DEVELOPMENT OF A CURRENT REFUNDING OF CERTAIN OUTSTANDING BONDS OF SCHOOL DISTRICT NO. 33; AUTHORIZING ISSUANCE BY SCHOOL DISTRICT NO. 33 OF NOT EXCEEDING $8,500,000 OF GENERAL OBLIGATION REFUNDING BONDS; MAKING APPLICATION TO THE STATE BOND COMMISSION AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH.

 

                                WHEREAS, the Calcasieu Parish School Board, acting as the governing authority of School District No. 33 of Calcasieu Parish, Louisiana (the “Issuer”), after examining available data, has determined that there is substantial need within the Issuer for refunding certain outstanding General Obligation Refunding Bonds by the Issuer, in accordance with the provisions of Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended; and

 

                                WHEREAS, issuance of certain general obligation refunding bonds of the Issuer will assist in alleviating such need;

 

                                NOW, THEREFORE, BE IT RESOLVED by the Calcasieu Parish School Board, the governing authority of School District No. 33 of Calcasieu Parish, Louisiana, as follows:

 

                                SECTION 1.  School District No. 33 of Calcasieu Parish, Louisiana is hereby authorized to proceed with a current refunding of the Issuer’s outstanding General Obligation Public School Improvement Bonds, Series 2004, involving the proposed issuance by School District No. 33 of not exceeding $8,500,000 General Obligation Refunding Bonds, 2010 Series, to mature not later than February 15, 2025, at a rate or rates not exceeding 4.5% per annum.

 

                                SECTION 2.  Application is hereby formally made to the Louisiana State Bond Commission, pursuant to the provisions of Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, for consent, approval and authority to issue, sell and deliver the bonds herein authorized, to be secured by and payable from the levy and collection of annual ad valorem taxes on all taxable property within the limits of each respective Issuer, and the pledge of the proceeds to be derived from that portion of the funds received by each Issuer from the State Revenue Sharing Fund to offset current losses caused by the homestead exemption, if any.

 

                                By virtue of the Issuer’s application for, acceptance and utilization of the benefits of the Louisiana State Bond Commission’s approval(s) resolved and set forth herein, it resolves that it understands and agrees that such approval(s) are expressly conditioned upon, and it further resolves that it understands, agrees and binds itself, its successors and assigns to, full and continuing compliance with the “State Bond Commission Policy on Approval of Proposed Use of Swaps, or other forms of Derivative Products Hedges, Etc,” adopted by the Commission on July 20, 2006, as to the borrowing(s) and other matter(s) subject to the approval(s), including subsequent application and approval under said Policy of the implementation or use of any swap(s) or other product(s) or enhancement(s) covered thereby.

 

                                SECTION 3.  The Secretary is empowered, authorized and requested to forward to the Louisiana State Bond Commission a certified copy of this resolution which shall constitute a formal application as herein provided.

 

                                SECTION 4.  There being a real public necessity for the retention and employment of legal counsel to provide specialized legal services in connection with issuance of the Bonds by the Issuer, and it appearing that the public interest requires obtaining of such specialized legal services, Joseph A. Delafield, A Professional Corporation, of Lake Charles, Louisiana (“Bond Counsel”), is hereby employed for such purposes.  The fee for the work to be performed by Bond Counsel is contingent upon the issuance, sale and delivery of the Bonds, and shall be in accordance with the maximum fee schedule of the Attorney General of the State of Louisiana for comprehensive legal and coordinate professional work of bond attorneys and bond counsel in the issuance of general obligation bonds.

 

                                SECTION 5.  The employment of Stephens Inc., Baton Rouge, Louisiana, as Underwriter in connection with the Bonds is hereby approved.  The compensation of the Underwriter shall be payable from the proceeds of the Bonds and shall be subject to the approval of the Issuer and the Louisiana State Bond Commission.

 

                                ADOPTED AND APPROVED on this 6th day of October, 2009.

 

                                                                                                                /s/ Elray Victorian                                    

                                                                                                                ELRAY VICTORIAN, President

 

/s/ Wayne R. Savoy                    

WAYNE R. SAVOY, Secretary

               

C.  Resolution Authorizing CPSB to Proceed with Refunding of Bonds/District 23

 

On a motion to approve by Mr. Pitre and second by Mr. Breaux, the motion carried.

 

 SEQ CHAPTER \h \r 1                                                                                                                                                               

The Calcasieu Parish School Board, State of Louisiana, met in regular public session at its regular meeting place in the Calcasieu Parish School Board Office, 3310 Broad Street, Lake Charles, Louisiana, at 4:45 o’clock p.m. on October 6, 2009, pursuant to written notice given to each and every member thereof and duly posted in the manner required by law.

 

President, Elray Victorian, called the meeting to order and on roll call, the following members were present:

 

Joe A. Andrepont, Annette Ballard, Dale B. Bernard, Billy Breaux, Randall Burleigh, Clara Duhon, Chad Guidry, Fredman Hardy, Bill Jongbloed, James W. Karr, Sr., Bryan LaRocque, James W. Pitre, Elray Victorian and R. L. Webb (Mr. Dellafosse arrived after roll call).

 

ABSENT:None

 

Wayne R. Savoy, Board Secretary, also attended.  The meeting was called to order and the roll called with the above results.

 

Thereupon, the following resolution was then introduced, and pursuant to motion made by Mr. Pitre and seconded by Mr. Breaux, was adopted by the following vote:

 

YEAS:     Mr. Andrepont, Mrs. Ballard, Mr. Bernard, Mr. Breaux, Mr. Burleigh, Mr. Dellafosse, Mr. Duhon, Mr. Guidry, Mr. Hardy, Mr. Jongbloed, Mr. Karr, Mr. LaRocque, Mr. Pitre, and Mr. Webb

 

NAYS:    None

 

ABSENT:None

 

 

NOT VOTING:      President Victorian

 

 

RESOLUTION

 

A RESOLUTION AUTHORIZING THE CALCASIEU PARISH SCHOOL BOARD TO PROCEED WITH DEVELOPMENT OF AN ADVANCE REFUNDING OF CERTAIN OUTSTANDING BONDS OF SCHOOL DISTRICT NO. 23; AUTHORIZING ISSUANCE BY SCHOOL DISTRICT NO. 23 OF NOT EXCEEDING $7,200,000 OF GENERAL OBLIGATION REFUNDING BONDS; MAKING APPLICATION TO THE STATE BOND COMMISSION AND PROVIDING FOR OTHER MATTERS IN CONNECTION THEREWITH.

 

                                WHEREAS, the Calcasieu Parish School Board, acting as the governing authority of School District No. 23 of Calcasieu Parish, Louisiana (the “Issuer”), after examining available data, has determined that there is substantial need within the Issuer for refunding certain outstanding General Obligation Refunding Bonds by the Issuer, in accordance with the provisions of Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended; and

 

                                WHEREAS, issuance of certain general obligation refunding bonds of the Issuer will assist in alleviating such need;

 

                                NOW, THEREFORE, BE IT RESOLVED by the Calcasieu Parish School Board, the governing authority of School District No. 23 of Calcasieu Parish, Louisiana, as follows:

 

                                SECTION 1.  School District No. 23 of Calcasieu Parish, Louisiana is hereby authorized to proceed with an advance refunding of the callable maturities of the Issuer’s outstanding General Obligation Public School Improvement Bonds, 2001 Series, consisting of those bonds maturing August 15, 2012 through and including August 15, 2021, involving the proposed issuance by School District No. 23 of not exceeding $7,200,000 General Obligation Refunding Bonds, 2010 Series, to mature not later than August 15, 2021, at a rate or rates not exceeding 5% per annum.

 

                                SECTION 2.  Application is hereby formally made to the Louisiana State Bond Commission, pursuant to the provisions of Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, for consent, approval and authority to issue, sell and deliver the bonds herein authorized, to be secured by and payable from the levy and collection of annual ad valorem taxes on all taxable property within the limits of each respective Issuer, and the pledge of the proceeds to be derived from that portion of the funds received by each Issuer from the State Revenue Sharing Fund to offset current losses caused by the homestead exemption, if any.

 

                                By virtue of the Issuer’s application for, acceptance and utilization of the benefits of the Louisiana State Bond Commission’s approval(s) resolved and set forth herein, it resolves that it understands and agrees that such approval(s) are expressly conditioned upon, and it further resolves that it understands, agrees and binds itself, its successors and assigns to, full and continuing compliance with the “State Bond Commission Policy on Approval of Proposed Use of Swaps, or other forms of Derivative Products Hedges, Etc,” adopted by the Commission on July 20, 2006, as to the borrowing(s) and other matter(s) subject to the approval(s), including subsequent application and approval under said Policy of the implementation or use of any swap(s) or other product(s) or enhancement(s) covered thereby.

 

                                SECTION 3.  The Secretary is empowered, authorized and requested to forward to the Louisiana State Bond Commission a certified copy of this resolution which shall constitute a formal application as herein provided.

 

                                SECTION 4.  There being a real public necessity for the retention and employment of legal counsel to provide specialized legal services in connection with issuance of the Bonds by the Issuer, and it appearing that the public interest requires obtaining of such specialized legal services, Joseph A. Delafield, A Professional Corporation, of Lake Charles, Louisiana (“Bond Counsel”), is hereby employed for such purposes.  The fee for the work to be performed by Bond Counsel is contingent upon the issuance, sale and delivery of the Bonds, and shall be in accordance with the maximum fee schedule of the Attorney General of the State of Louisiana for comprehensive legal and coordinate professional work of bond attorneys and bond counsel in the issuance of general obligation bonds.

 

                                SECTION 5.  The employment of Stephens Inc., Baton Rouge, Louisiana, as Underwriter in connection with the Bonds is hereby approved.  The compensation of the Underwriter shall be payable from the proceeds of the Bonds and shall be subject to the approval of the Issuer and the Louisiana State Bond Commission.

 

                                ADOPTED AND APPROVED on this 6th day of October, 2009.

 

                                                                                                                /s/ Elray Victorian                                    

                                                                                                                ELRAY VICTORIAN, President

 

/s/ Wayne R. Savoy                    

WAYNE R. SAVOY, Secretary

                   

D.  Resolution Providing for Issuance of General Obligation Bonds/District 30

 

On a motion to approve by Mr. Andrepont and second by Mr. Burleigh, the motion carried.

 

 SEQ CHAPTER \h \r 1                                                                                                               

The Parish School Board of Calcasieu Parish, Louisiana, met in special public session at 4:45 o’clock p.m. on Thursday, October 6, 2009, at the regular meeting place of said Board in the Calcasieu Parish School Board Office, Lake Charles, Louisiana, pursuant to the provisions of written notice given to each and every member thereof and duly posted in the manner required by law.

 

Elray Victorian, President called the meeting to order and on roll call, the following members were present:

Joe A. Andrepont, Annette Ballard, Dale B. Bernard, Billy Breaux, Randall Burleigh, Clara Duhon, Chad Guidry, Fredman Hardy, Bill Jongbloed, James W. Karr, Sr., Bryan LaRocque, James W. Pitre, Elray Victorian and R. L. Webb (Mr. Dellafosse arrived after roll call).

 

ABSENT:None

 

 

The President stated that one purpose of the meeting was the opening of sealed bids received for the purchase of $12,500,000 of General Obligation Public School Improvement Bonds of School District No. 30 of Calcasieu Parish, Louisiana, 2009 Series B (the “Bonds”).

 

The President presented affidavits evidencing proper publication of the Notice of Sale of the Bonds, said affidavits indicating that the Notice of Sale had been published in the Lake Charles American Press, a newspaper published in Calcasieu Parish, and of general circulation in School District No. 30 of Calcasieu Parish, Louisiana, on September 23, 2009 (such publication having been made at least seven (7) clear calendar days before the date scheduled for the receipt of bids), and also published in the Daily Journal of Commerce, a financial newspaper or journal containing a section devoted to municipal bond news published in the City of New Orleans, Louisiana on September 23, 2009 (which publication was made at least forty-eight (48) hours in advance of the date scheduled for the receipt of bids).  The affidavits were approved and were ordered filed with the minutes of said meeting.

 


 

The President then presented the sealed bids for the purchase of the Bonds of School District No. 30 of Calcasieu Parish, Louisiana, which had been received, which bids were opened and found to be as follows:

                                                                                                                                                                EFFECTIVE

                NAME OF BIDDER                                   INTEREST RATE                                          PREMIUM

 

1.             Crews & Associates                                                 4.057511%                                            $     781.80

                Little Rock, Arkansas

               

2.             Jefferies & Company, Inc.                                        4.0038%                                                -0-

                Jersey City, New Jersey

 


 

3.             Morgan Keegan & Company, Inc.                            3.807556%                                            -0-

                New Orleans, Louisiana

               

4.             Stephens Inc.                                                            4.070572%                                            $52,411.95

                Little Rock, Arkansas

               

Upon verification, it was determined that the bid of Morgan Keegan & Company, Inc., of New Orleans, Louisiana, was the lowest and best bid submitted for the purchase of the Bonds, whereupon the following resolution was introduced and, pursuant to motion made by Mr. Andrepont and seconded by Mr. Burleigh, was adopted by the following vote:

YEAS:     Mr. Andrepont, Mrs. Ballard, Mr. Bernard, Mr. Breaux, Mr. Burleigh, Mr. Dellafosse, Mr. Duhon, Mr. Guidry, Mr. Hardy, Mr. Jongbloed, Mr. Karr, Mr. LaRocque, Mr. Pitre, and Mr. Webb

 

NAYS:    None

 

ABSENT:None

 

NOT VOTING: President Victorian

 

 

RESOLUTION

 

A RESOLUTION PROVIDING FOR ISSUANCE OF $12,500,000 GENERAL OBLIGATION PUBLIC SCHOOL IMPROVEMENT BONDS OF SCHOOL DISTRICT NO. 30 OF CALCASIEU PARISH, LOUISIANA, 2009 SERIES B; CONFIRMING THE SALE THEREOF; AND PROVIDING FOR THE LEVY OF TAXES FOR THE PAYMENT OF PRINCIPAL THEREOF AND INTEREST THEREON.

 

                WHEREAS, pursuant to a resolution adopted by the Calcasieu Parish School Board, governing authority of School District No. 30 of Calcasieu Parish, Louisiana (the “Issuer”) on August 7, 2007, and in conformity with notice duly published in compliance with law, there was held in School District No. 30 of Calcasieu Parish, Louisiana, on November 17, 2007, a special election at which there was submitted to the qualified electors of said district the following proposition:

 

SUMMARY:  AUTHORITY FOR SCHOOL DISTRICT NO. 30 OF CALCASIEU PARISH, LOUISIANA, TO ISSUE NOT EXCEEDING $37,500,000 OF UP TO 20-YEAR PUBLIC SCHOOL IMPROVEMENT BONDS FOR ACQUIRING AND/OR IMPROVING SCHOOL BUILDINGS AND OTHER SCHOOL RELATED FACILITIES WITHIN THE DISTRICT, SAID BONDS TO BE PAYABLE FROM AD VALOREM TAXES.

 

Shall School District No. 30 of Calcasieu Parish, Louisiana, incur debt and issue bonds in an amount not exceeding $37,500,000 for a period not to exceed twenty (20) years from the date thereof, with interest at a rate not exceeding nine (9%) percent per annum, for the purpose of acquiring and/or improving lands for building sites and playgrounds, purchasing, erecting, enlarging and/or improving school buildings and other school related facilities within and for said School District, and acquiring the necessary equipment and furnishings therefor, title to which shall be in the public, which said bonds shall be retired with, paid from and secured by ad valorem taxes on all taxable property within the limits of School District No. 30 of Calcasieu Parish, Louisiana, sufficient in rate and amount to pay said bonds in principal and interest?

 

and

 

                WHEREAS, pursuant to said resolution calling said special election, and the notice of said election, the Calcasieu Parish School Board as the governing authority (the “Governing Authority”) of School District No. 30 of Calcasieu Parish, Louisiana (the “Issuer”), did on December 4, 2007, meet in open session and canvass the returns of said election and did declare said election to have resulted in favor of said proposition; and

 

                WHEREAS, on February 28, 2008, the Issuer issued $15,000,000 General Obligation Public School Improvement Bonds of School District No. 30 of Calcasieu Parish, Louisiana, 2008 Series, as the first series of the authorized issue of $37,500,000; and

                WHEREAS, on February 19, 2009, the Issuer issued $10,000,000 General Obligation Public School Improvement Bonds of School District No. 30 of Calcasieu Parish, Louisiana, 2008 Series, as the second series of the authorized issue of $37,500,000; and

 

                WHEREAS, the Governing Authority now deems it in the public interest to authorize issuance and delivery of $12,500,000 General Obligation Public School Improvement Bonds of School District No. 30 of Calcasieu Parish, Louisiana, 2009 Series B, as the final series of the authorized issue of $37,500,000; and

 

                WHEREAS, the Governing Authority deems it to be in the public interest that it accept the lowest and best bid received for the purchase of the Bonds reflected above, together with the good faith check which accompanies such bid;

 

                WHEREAS, pursuant to Notice of Sale duly published, the Bonds have been sold to Morgan Keegan & Company, Inc., of New Orleans, Louisiana, at the price of not less than par and accrued interest to date of delivery, the bid of said purchaser being in full as follows:

 

We offer to purchase TWELVE MILLION FIVE HUNDRED THOUSAND AND NO/100 ($12,500,000) DOLLARS General Obligation Public School Improvement Bonds of School District No. 30 of Calcasieu  Parish, Louisiana, 2009 Series B, in the initial denominations of one Bond for each maturity, with transfers in multiples of $5,000.00, bearing interest payable semi-annually on May 1 and November 1 of each year, beginning November 1, 2010, maturing serially, WITH OPTION OF PRIOR PAYMENT, all in accordance with the Notice of Bond Sale and Official Statement, all the terms  and conditions of which by reference are made a part hereof, and bearing interest at rates as follows, viz:

 

MATURITY                    PRINCIPAL                    INTEREST              MATURITY            PRINCIPAL            INTEREST

  DATE                            AMOUNT                      RATE PER                DATE                    AMOUNT              RATE PER

 (Nov. 1)                                                                  ANNUM                 (Nov. 1)                                                  ANNUM

 


 

           2010                       380,000.00                         7.00%                         2020                 615,000.00             3.50%

           2011                       395,000.00                         4.00%                        2021                 645,000.00             3.60%


 

           2012                       415,000.00                         4.00%                         2022                 680,000.00             3.70%

           2013                       440,000.00                         4.00%                         2023                 715,000.00             3.75%

           2014                       460,000.00                         3.75%                         2024                 745,000.00             4.00%

           2015                       480,000.00                         3.25%                         2025                 790,000.00             4.00%

           2016                       510,000.00                         3.25%                         2026                 825,000.00             4.00%

           2017                       430,000.00                         3.00%                         2027                 865,000.00             4.00%

           2018                       560,000.00                         3.15%                         2028                 910,000.00             4.05%

           2019                       585,000.00                         3.25%                         2029                 955,000.00             4.10%

We will pay the principal sum of TWELVE MILLION FIVE HUNDRED THOUSAND AND NO/100 ($12,500,000) DOLLARS, together with accrued interest from the date of the Bonds to the date of delivery, plus a premium in the amount of $          -0-              .

 

For your information, we calculate the lowest effective interest rate to School District No. 30 to be     3.807556           %, said rate to be determined in accordance with the “True” or “Canadian” interest cost method of calculation by doubling the semiannual interest rate (compounded semiannually) necessary to discount the debt service payments from the payment dates to the date of the Bonds and to the price bid, excluding the accrued interest from the date of the Bonds to the date of their delivery.

 

Bonds bid for herein will be delivered and shall be paid for on or about November 19, 2009 at such place in Louisiana, and on such business day and at such hour, as the Issuer shall fix on five business days’ notice to the successful bidder, or at such other place and time as may be agreed upon with the successful bidder, it being understood that School District No. 30 will furnish to us, free of charge, at the time of delivery of the Bonds, the qualified approving legal opinion of Joseph A. Delafield, A Professional Corporation, of Lake Charles, Louisiana, and a certified transcript of this proceeding.

 

In accordance with the Notice of Bond Sale, we enclose herewith (certified) (cashier’s) check(s) number(s)   5002139645       drawn on        Regions Bank                of        New Orleans          , in the amount of TWO HUNDRED FIFTY AND NO/100 ($250,000.00) DOLLARS, which is tendered as evidence of our good faith in accordance with and under the provisions of the Official Statement and of the Notice of Bond Sale.  Said check shall be returned to the undersigned upon award of the Bonds, provided this proposal is not accepted; otherwise, to be retained uncashed by School District No. 30 of Calcasieu Parish, Louisiana, and returned upon delivery of the Bonds and payment therefor, or to be cashed and forfeited as and for full liquidated damages in case of the failure of the undersigned to make such payment.

 

We acknowledge and understand the Bonds are designated as “qualified tax-exempt obligations” pursuant to Section 265(b)(3)(B) of the Internal Revenue Code of 1986.

 

This bid complies with the terms stipulated in the aforesaid Notice of Bond Sale, the receipt of which Notice of Bond Sale is hereby acknowledged.

                                               NOW THEREFORE, BE IT RESOLVED by the Calcasieu Parish School Board, governing authority of School District No. 30 of Calcasieu Parish, Louisiana, as follows:

 

                                                SECTION 1.  Definitions.  As used herein the following terms shall have the following meanings, unless the context otherwise requires:

 

                                                “Agreement” means the agreement to be entered into between the Issuer and the Paying Agent pursuant to this Resolution.

 

                                                “Bond” means any 2009 Series B Bonds of the Issuer authorized to be issued by this Resolution, whether initially delivered or issued in exchange for, upon transfer of, or in lieu of any bond previously issued.

 

                                                “Bond Register” means the record kept by the Paying Agent at its principal corporate office in which registration of the Bonds and transfers of the Bonds shall be made as provided herein.

 

                                                “Bonds” means the General Obligation Public School Improvement Bonds, 2009 Series B of the Issuer, authorized by this Resolution, in the total aggregate principal amount of Twelve Million Five Hundred Thousand and No/100 Dollars ($12,500,000).

 

                                                “Business Day” means a day of the year other than a day on which banks in the city in which the Paying Agent is located are required or authorized to remain closed or the New York Stock Exchange is closed.

 

                                                “Code” means the Internal Revenue Code of 1986, as amended.

 

                                                “Debt Service Fund” shall have the meaning ascribed to such term in Section 10 hereof.

 

                                                “Defeasance Obligations” shall mean (a) cash, or (b) non-callable Government Securities.

 


 

                                                “Executive Officers” means, collectively, the President and Secretary of the Governing Authority.

 

                                                “Governing Authority” means the Calcasieu Parish School Board.

 

                                                “Government Securities” means direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which are non-callable prior to their maturity, and may be United States Treasury obligations such as the State and Local Government Series and may be in book-entry form.

 

                                                “Interest Payment Dates” means May 1 and November 1 of each year beginning November 1, 2010.

 

                                                “Issuer” means School District No. 30 of Calcasieu Parish, Louisiana. 

 

                                                “Outstanding” when used with respect to the Bonds means, as of the date of determination, all Bonds theretofore issued and delivered under this Resolution, except:

 

                                                1.   Bonds theretofore cancelled by the Paying Agent or delivered to the Paying Agent for cancellation.

                                                2.   Bonds for which payment or redemption sufficient funds have been theretofore deposited in trust for the Owners of such Bonds, provided that, if such Bonds are to be redeemed, irrevocable notice of such redemption has been duly given or provided for pursuant to this Resolution or waived.

                                                3.   Bonds in exchange for or in lieu of which other bonds have been registered and delivered pursuant to this Resolution.

                                                4.   Bonds alleged to have ben mutilated, destroyed, lost, or stolen, which have been paid as provided in this Resolution or by law.

                                                5.   Bonds for the payment of principal (or redemption price, if any) of and interest on which money or Government Securities or both are held in trust with the effect specified in this Resolution.

 


 

                                                “Owner” or “Owners” or “Registered Owner” when used with respect to any Bond means the Person in whose name such Bond is registered in the Bond Register, as herein provided.

 

                                                “Paying Agent” means Argent Trust, a Division of National Independent Trust Company, in Ruston, Louisiana, until a successor Paying Agent shall have been appointed pursuant to the applicable provisions of this Resolution, and thereafter “Paying Agent” shall mean such successor Paying Agent.

 

                                                “Person” means any individual, corporation, partnership, joint venture, association, joint-stock company, trust, unincorporated organization, or government or any agency or political subdivision thereof.

 

                                                “Purchaser” means the original purchaser or purchasers of the Bonds.

 

                                                “Record Date” for the interest payable on any Interest Payment Date means the first calendar day of the month in which an Interest Payment is due, whether or not such day is a Business Day.

 

                                                “Resolution” means this Resolution authorizing issuance of the Bonds.

 


 

                    SECTION 2.  Authorization of Bonds; Maturities.  In compliance with and under the authority of the provisions of Article VI, Section 33 and Article VII, Section 26(E) of the Constitution of the State of Louisiana of 1974, as amended, and those portions of Part II of Article VII of the Constitution of 1974 of the State of Louisiana not repealed by the 1977 Louisiana Legislature, and Sub-Part A, Part III, Chapter 4, Sub-Title II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and constitutional and statutory authority supplemental thereto, and pursuant to proceedings regularly and legally taken by the Issuer, and a special election held within the Issuer on November 17, 2007, there is hereby authorized the incurring of an indebtedness of Twelve Million Five Hundred Thousand and No/100 Dollars ($12,500,000) for, and on behalf of and in the name of the Issuer, for the purpose of acquiring and/or improving school buildings and other school related facilities within and for the Issuer, and acquiring the necessary equipment and furnishings therefor, a work of public improvement, title to which school improvements shall be in the public, and to pay the cost of issuance of the Bonds, and to represent said indebtedness this Governing Authority does hereby authorize issuance of Twelve Million Five Hundred Thousand and No/100 Dollars ($12,500,000) of General Obligation Public School Improvement Bonds, 2009 Series B, of the Issuer.  The Bonds shall be in fully registered form, shall be dated November 1, 2009, shall be issued in the denomination of Five Thousand Dollars ($5,000) each, or any integral multiple thereof within a single maturity, and shall be numbered consecutively from R-1 upward and shall mature in the years and in the principal amounts set out in the following schedule.  The unpaid principal of the Bonds shall bear interest from date thereof or from the most recent Interest Payment Date to which interest has been paid or duly provided for, payable on each Interest Payment Date, commencing November 1, 2010, at rates of interest of not to exceed 9% per annum, as determined by receipt of sealed bids pursuant to advertisement, and maturing in the principal amounts as set out in the following schedule:

MATURITY                    PRINCIPAL                    INTEREST              MATURITY            PRINCIPAL            INTEREST

  DATE                            AMOUNT                      RATE PER                DATE AMOUNT  RATE PER

 (Nov. 1)                                                                  ANNUM                 (Nov. 1)                                                 ANNUM

 


 

           2010                       380,000.00                         7.00%                         2020                 615,000.00             3.50%

           2011                       395,000.00                         4.00%                         2021                 645,000.00             3.60%

           2012                       415,000.00                         4.00%                         2022                 680,000.00             3.70%

           2013                       440,000.00                         4.00%                         2023                 715,000.00             3.75%

           2014                       460,000.00                         3.75%                         2024                 745,000.00             4.00%

           2015                       480,000.00                         3.25%                         2025                 790,000.00             4.00%

           2016                       510,000.00                         3.25%                         2026                 825,000.00             4.00%

           2017                       530,000.00                         3.00%                         2027                 865,000.00             4.00%     

             2018                     560,000.00                         3.15%                         2028                 910,000.00             4.05%

           2019                       585,000.00                         3.25%                         2029                 955,000.00             4.10%

 

The principal of the Bonds, upon maturity or redemption, shall be payable at the principal corporate trust office of the Paying Agent, upon presentation and surrender thereof, and interest on the Bonds shall be payable by check mailed by the Paying Agent to the Registered Owner at the address shown on the Bond Register.  The person in whose name any Bond is registered at the close of business on the Record Date with respect to an Interest Payment Date (unless such Bond has been called for redemption on a redemption date which is prior to such Interest Payment Date) shall be entitled to receive the interest payable with respect to such Interest Payment Date notwithstanding the cancellation of such Bond upon any registration of transfer or exchange thereof subsequent to such Record Date and prior to such Interest Payment Date.  Each Bond delivered under this Resolution upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond, and each such Bond will bear interest (as herein set forth) so that neither gain nor loss interest shall result from such transfer, exchange or substitution.

 

                    No Bond will be entitled to any right or benefit under this Resolution, or be valid or obligatory for any purpose, unless there appears on such Bond a certificate of registration, substantially in the form provided in this Resolution, executed by the Paying Agent by manual signature.

 

                    SECTION 3.                                                      Redemption Provisions.   Those Bonds maturing in the years 2010 to 2014, inclusive, shall not be subject to redemption prior to maturity.  Those Bonds maturing November 1, 2015 and thereafter shall be callable for redemption by the Issuer in full at any time on or after November 1, 2014, or in part in the inverse order of their maturities, and if less than a full maturity then by lot within such maturity, on any Interest Payment Date on or after November 1, 2014, at the principal amount thereof, plus accrued interest from the most recent Interest Payment Date to which interest has been paid or duly provided for to the date fixed for redemption.   

 

                    In the event a Bond to be redeemed is of a principal amount denomination larger than $5,000, a portion of such Bond ($5,000 principal amount or any multiple thereof) may be redeemed.  Any Bond which is to be redeemed only in part shall be surrendered at the principal corporate office of the Paying Agent and there shall be delivered to the Owner of such Bond a new Bond or Bonds of the same maturity and of any authorized denomination or denominations as requested by such Owner in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal amount of the Bond so surrendered.  Official notice of such call of any of the Bonds for redemption will be given by means of first class mail, postage prepaid, by notice deposited in the United States mail not less than thirty (30) days prior to the redemption date, addressed to the Owner of each Bond to be redeemed as shown on the Bond Register.

 


 

                    SECTION 4.                                                      Exchange of Bonds; Persons Treated as Owners.  The Issuer shall cause books for registration and for transfer of the Bonds (the “Bond Register”), as provided in this Resolution to be kept at the principal office of the Paying Agent, and the Paying Agent is hereby constituted and appointed the Registrar for the Bonds.  The Bonds may be transferred, registered and assigned, at the expense of the Issuer, only upon the Bond Register upon surrender thereof at the principal office of the Paying Agent and by execution of the assignment form on the Bonds or by other instrument of transfer and assignment in such form as shall be satisfactory to the Paying Agent.  A new Bond or Bonds will be delivered by the Paying Agent to the last assignee (the new registered owner) in exchange for such transferred and assigned Bonds within three (3) business days after receipt of the Bonds to be transferred in proper form.  Such new Bond or Bonds must be in the principal amount denomination of $5,000 or any integral multiple thereof within a single maturity.  Neither the Issuer nor the Paying Agent will be required to issue, register the transfer of or exchange any Bond during a period beginning (i) at the opening of business on the Record Date, or (ii) with respect to any Bond called for redemption prior to maturity during a period beginning at the opening of business fifteen (15) days before the date of mailing of a notice of redemption of such Bond and ending on the date of such redemption.  The execution by the Issuer of any fully registered Bond shall constitute full and due authorization of such Bond and the Paying Agent shall thereby be authorized to authenticate, date and deliver such Bond; provided, however, that the principal amount of outstanding Bonds of each maturity authenticated by the Paying Agent shall not exceed the authorized principal amount of Bonds for such maturity less previous retirements, subject to the provisions of Section 18 hereof.  The Issuer is authorized to prepare, and the Paying Agent shall keep custody of, multiple Bond blanks executed by the Issuer for use in the transfer and exchange of Bonds.

 

                    SECTION  5.                                                     Registered Owner.  As to any Bond, the Person in whose name the same shall be registered as shown on the Bond Register required by Section 4, shall be deemed and regarded as the absolute Owner thereof for all purposes, and payment of or on account of the principal of and premium, if any, and interest on any such Bond shall be made only to or upon the order of the Registered Owner thereof or his legal representative, and the Issuer and the Paying Agent shall not be affected by any notice to the contrary.  All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid.

 


 

                    SECTION 6.                                                      Form of Bonds.  The Bonds and the endorsements to appear thereon will be in substantially the following form, to-wit:

(FACE OF BOND)

UNITED STATES OF AMERICA                                                                            STATE OF LOUISIANA

 

PARISH OF CALCASIEU

REGISTERED                                                                                                                              REGISTERED

 

NO. R-____________                                                                                                                  $____________

 

GENERAL OBLIGATION PUBLIC SCHOOL IMPROVEMENT BOND OF

SCHOOL DISTRICT NO. 30 OF

CALCASIEU PARISH, LOUISIANA

2009 SERIES B

 

DATED DATE           INTEREST RATE:                 MATURITY DATE:                                           CUSIP:

November 1, 2009

 

   School District No. 30 of Calcasieu Parish, Louisiana (herein called the “Issuer”), for value received, hereby acknowledges itself indebted and promises to pay to

 

REGISTERED OWNER:

 

PRINCIPAL AMOUNT

 

(Lower Left)

   OFFICE OF SECRETARY OF STATE

   STATE OF LOUISIANA

   BATON ROUGE, LOUISIANA

 

   This Bond secured by a tax.  Registered

   on the ______ day of November, 2009.

 

                                                                                                   ____________________________

                                                                                                      SECRETARY OF STATE

 

 

 

   PAYING AGENT/REGISTRAR'S

   CERTIFICATE OF REGISTRATION

 

   This Bond is one of the Bonds referred

   to in the within mentioned Bond Resolution.

 

                                                                                                   Argent Trust, a Division of

                                                                                                   National Independent Trust Company

                                                                                                   in the City of Ruston, Louisiana,


 

                                                                                                   as Paying Agent/Registrar

 

                                                                                                   By:___________________________

                                                                                                   Date of Authentication:

 

(Lower Right)

 

or registered assigns, on the maturity date set forth above, the principal amount set forth above, together with interest thereon from the date hereof, said interest payable semi-annually on May 1 and November 1 in each year, beginning November 1, 2010, at the interest rate per annum set forth above until said principal sum is paid, unless this Bond has been previously called for redemption and payment shall have been duly made or provided for.  The principal of this Bond upon maturity or redemption is payable in lawful money of the United States of America at the principal corporate trust office of Argent Trust, a Division of National Independent Trust Company located in the City of Ruston, Louisiana (the Paying Agent/Registrar), or successor thereto, upon presentation and surrender hereof.  Interest on this Bond is payable by check mailed on each interest payment date by the Paying Agent/Registrar to the registered owner (determined as of the first calendar day of the month in which an interest payment is due) at the address, as shown on the books of the Paying Agent/Registrar.

 

REFERENCE IS MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF WHICH SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN.

 

This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Resolution defined hereinafter until the Certificate of Registration hereon shall have been signed by the Paying Agent/Registrar.

 

IN WITNESS WHEREOF, the Calcasieu Parish School Board, acting as the governing authority of School District No. 30 of Calcasieu Parish, Louisiana, has caused this Bond to be executed in its name by the facsimile signatures of its President and Secretary and the impress or imprint hereon of the seal of said School Board, and this Bond to be dated November 1, 2009.

 

                                                                                                   CALCASIEU PARISH SCHOOL BOARD

 

/s/  [facsimile]                                                          /s/ [facsimile]                               

SECRETARY                                                                            PRESIDENT

 

 

(REVERSE OF BOND)

ADDITIONAL PROVISIONS

 


 

This Bond is one of an issue, the Bonds of which are all of like date, tenor and effect, except as to the number, maturity and rate of interest, aggregating in principal the sum of TWELVE MILLION FIVE HUNDRED THOUSAND AND NO/100 ($12,500,000) DOLLARS; said Bonds to mature annually, issued pursuant to a resolution adopted on October 6, 2009, by the Issuer (the “Bond Resolution”), under and by virtue of Article 6, Section 33 and Article 7, Section 26(E) of the Constitution of 1974 of the State of Louisiana, and those portions of Part II of Article 7 of the Constitution of 1974 of the State of Louisiana not repealed by the 1977 Louisiana Legislature, and Subpart A of Part III of Chapter 4 of Sub-Title II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and all other laws on the same subject matter, and pursuant to proceedings regularly and legally taken by the Issuer, for the purpose of acquiring and/or improving lands for building sites and playgrounds, purchasing, erecting, enlarging and/or improving school buildings and other school related facilities within and for the Issuer, and acquiring the necessary equipment and furnishings therefor.

 

This Bond and the issue of which it forms a part are payable out of the receipt of unlimited ad valorem taxes levied on all properties subject to taxation within School District No. 30 of Calcasieu Parish, Louisiana.

 

The Paying Agent/Registrar for this issue is Argent Trust, a Division of National Independent Trust Company, Ruston, Louisiana.  This Bond shall pass by delivery on the books of the Issuer to be kept for that purpose at the principal corporate trust office of the Registrar and such registration is noted hereon.  After such registration no transfer shall be valid unless made on said books at said office by the registered owner in person or by his duly authorized attorney and similarly noted hereon.  This Bond may not be discharged from registration by like transfer to bearer.  The Issuer and the Registrar may treat the registered owner as the absolute owner hereof for all purposes, whether or not this Bond shall be overdue and shall not be bound by any notice to the contrary.

 

Those Bonds maturing in the years 2010 to 2014, inclusive, shall not be subject to redemption prior to maturity.  Those Bonds, or portions thereof in multiples of $5,000, maturing in the years 2015 to 2029, inclusive, shall be subject to redemption prior to their stated maturities, at the option of the Issuer, in such order as the Issuer may determine and by lot within any maturity, on any interest payment date on or after November 1, 2014, at par and accrued interest to the date fixed for redemption.

 

Official notice of such call for redemption of any of the Bonds shall be given not less than thirty (30) days prior to the redemption date by means of registered or certified mail by notice deposited in the United States mail addressed to the Paying Agent/Registrar and to the registered owner of each Bond to be redeemed at his address as shown on the registration books of the Paying Agent/Registrar.  In the event a Bond is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed.

 

It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of the State of Louisiana.  It is further certified, recited and declared that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond necessary to constitute the same as a legal, binding and valid obligation of the Issuer, have existed, have happened and have been performed in due time, form and manner as required by law, and that the indebtedness of the Issuer, including this Bond, does not exceed any limitation prescribed by the Constitution and statutes of the State of Louisiana.

 

ASSIGNMENT


 

 

FOR VALUE RECEIVED,                                                   , the undersigned, hereby sells, assigns and transfers unto                                                                           the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints                                                              attorney or agent to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises.

 

Dated:___________________                                                                                                                         

NOTICE:  The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever.

 

 

 

(FORM OF LEGAL OPINION CERTIFICATE -

TO BE PRINTED ON ALL BONDS)

 

   I, the undersigned Secretary of the Calcasieu Parish School Board, governing authority of School District No. 30 of Calcasieu Parish, Louisiana, do hereby certify that the above and foregoing is a true copy of the complete legal opinion of Joseph A. Delafield, A Professional Corporation, Lake Charles, Louisiana, Bond Counsel, the original of which was manually executed, dated and issued as of the date of payment for and delivery of the Bonds of the issue described therein and was delivered to the Original Purchasers thereof.  I further certify that an executed copy of the above-referenced legal opinion is on file in my office and that an executed copy thereof has been furnished to the Paying Agent/Registrar for this Bond.

 

                                                                                                                                                                    

                                                                                                                                                   Secretary

 

                                    SECTION 7.                         Execution of Bonds.  The Bonds shall be signed by the Executive Officers of the Issuer for, on behalf of, in the name of and under the corporate seal of the Issuer, and the Legal Opinion Certificate shall be signed by the Secretary of the Governing Authority, which signatures and corporate seal may be either manual or facsimile and the delivery of any Bond so executed at any time thereafter shall be valid although, before the date of delivery, the persons signing the Bonds cease to hold office.

 


 

                                    SECTION 8.                         Registration with Secretary of State.  The Bonds shall be registered with the Secretary of State of the State of Louisiana as provided by law and shall bear the endorsement of the Secretary of State of Louisiana in substantially the form set forth herein, provided such endorsement shall be manually signed only on the Bonds initially delivered to the Purchaser, and any Bonds subsequently exchanged therefor as permitted in this Resolution may bear the facsimile signature of said Secretary of State.

 

                                    SECTION 9.                         Pledge of Full Faith and Credit; Tax Levy.  The Bonds shall constitute general obligations of the Issuer, and the full faith and credit of the Issuer is hereby pledged to the punctual  payment or the Bonds in accordance with the authority of Article VI, Section 33 of the Constitution of the State of Louisiana of 1974, as amended, Sub-Part A, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended, and constitutional and statutory authority supplemental thereto.  The Issuer obligates itself and is bound under the terms and provisions of law and the election authorizing the Bonds to impose and collect annually in excess of all other taxes an ad valorem tax on all property subject to taxation within the territorial limits of the Issuer sufficient to pay principal of and interest on the Bonds falling due in each year, said tax to be levied and collected by the same officers, in the same manner and at the same time as other taxes are levied and collected within the territorial limits of the Issuer.  The proceeds of such tax shall be devoted and applied to the payment of said interest and principal as such shall become due, and without further action on the part of the Governing Authority, the proper officer or officers are hereby authorized and directed, for the year 2010 and each year thereafter, to include in the annual levy of taxes upon, and to extend upon the assessment rolls against, all taxable property situated within the territorial limits of the Issuer, a sum sufficient to pay the principal of, premium, if any, and interest on the Bonds becoming due the ensuing year.  The Issuer shall deposit the avails of said tax in the “Debt Service Fund” herein prov


 

ided for.  Principal or interest falling due at any time when the proceeds of said tax levy may not be available shall be paid from other funds of the Governing Authority, and such funds shall be reimbursed from the proceeds of said taxes when said taxes shall have been collected.  The Issuer covenants and agrees with the Purchaser and the Owner of the Bonds that so long as any of the Bonds remain outstanding, the Issuer will take no action or fail to take any action which in any way would adversely affect the ability of the Issuer to levy and collect the foregoing tax levy, and the Issuer and its officers will comply with all present and future applicable laws in order to assure that the foregoing taxes will be levied, extended and collected as provided herein and deposited in the Debt Service Fund established in Section 10 to pay the principal of and interest on the Bonds.

 

                        SECTION 10.                                Debt Service Fund.   For the payment of the principal of and the interest on the Bonds, the Issuer will establish a special fund, to be held by the regularly designated fiscal agent of the Issuer (the “Debt Service Fund”), into which the Issuer will deposit the proceeds of the aforesaid special tax and accrued interest on the Bonds.  The depository for the Debt Service Fund shall transfer from the Debt Service Fund to the Paying Agent at least one (1) business day in advance of each Interest Payment Date, funds fully sufficient to pay promptly the principal and interest falling due on such date.

 

                        All moneys deposited with the regularly designated fiscal agent bank or banks of the Issuer or the Paying Agent under the terms of this Resolution shall constitute secured funds for the benefit of the Owners of the Bonds, and shall be secured by said fiduciaries at all times to the full extent thereof in the manner required by law for the securing of deposits of public funds.

 

                        At the written request of the Issuer, all or any part of the moneys in the Debt Service Fund  shall be invested in accordance with the provisions of the laws of the State of Louisiana, in which event all income derived from such investments shall be added only to the Debt Service Fund.

 

                        Immediately upon issuance of the Bonds, moneys paid to the Issuer by the Purchaser as accrued interest, if any, shall be deposited by the Issuer into the Debt Service Fund and utilized to pay interest on the Bonds on the Interest Payment Date next due.

 


 

                        SECTION 11.                                Application of Proceeds; 2009B Project Fund.  The Executive Officers are hereby empowered, authorized and directed to do any and all things necessary and incidental to carry out all of the provisions of this Resolution.  The proceeds derived from the sale of the Bonds, other than accrued interest upon the Bonds which shall be deposited into the Debt Service Fund in accordance with the provisions of Section 10 hereof, shall be deposited into a fund separate and apart from the general funds of the Governing Authority, namely, the “School District No. 30 2009B Project Fund” (the “2009B Project Fund”) hereby created, and disbursements shall be made from the 2009B Project Fund solely and only for the purposes for which the Bonds are being issued and for which the principal proceeds are hereby appropriated.

 

                        Earnings, if any, upon the invested proceeds of the Bonds within the 2009B Project Fund shall be maintained within the 2009B Project Fund and utilized solely and only for (i) the purposes for which the Bonds are being issued and/or (ii) payment of any required rebate of excess arbitrage profits to the United States Treasury.

 

                        SECTION 12.                                Bonds Legal Obligations.   The Bonds shall constitute legal, binding and valid obligations of the Issuer, and shall be the only representations of the indebtedness as herein authorized and created.

 

                        SECTION 13.                                Resolution a Contract.   The provisions of this Resolution and the Bonds shall constitute a contract between the Issuer, or its successor, and the Owner or Owners from time to time of the Bonds and any such Owner or Owners may at law or in equity, by suit, action, mandamus or other proceedings, enforce and compel the performance of all duties required to be performed by this Governing Authority or the Issuer as a result of issuing the Bonds.

 

                        No material modification or amendment of this Resolution, or of any resolution amendatory hereof or supplemental hereto, may be made without the consent in writing of the Owners of two-thirds (2/3) of the aggregate principal amount of the Bonds then outstanding; provided, however, that no modification or amendment shall permit a change in the maturity or redemption provisions of the Bonds, or a reduction in the rate of interest thereon, or in the amount of the principal obligation thereof, or affecting the obligation of the Issuer to pay the principal of and the interest on the Bonds as the same shall come due from the taxes pledged and dedicated to the payment thereof by this Resolution or reduce the percentage of the Owners required to consent to any material modification or amendment of this Resolution, without the consent of all of the Owners of the Bonds then outstanding.

 

                        SECTION 14.                                Recital of Regularity.   This Governing Authority having investigated the regularity of the proceedings had in connection with issuance of the Bonds herein authorized and having determined the same to be regular, the Bonds shall contain the following recital, to-wit:


 

 

                                    “It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of the State of Louisiana.”

 

 

                SECTION 15.                                        Effect of Registration.  The Issuer, the Paying Agent, and any agent of either of them may treat the Owner in whose name any Bond is registered as the Owner of such Bond for the purpose of receiving payment of the principal (and redemption price) of and interest on such Bond and for all other purposes whatsoever, and to the extent permitted by law, neither the Issuer, the Paying Agent, nor any agent of either of them shall be affected by notice to the contrary.

 

                SECTION 16.                                        Notices to Owners.  Wherever this Resolution provides for notice to Owners of Bonds of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first class postage prepaid, to each Owner of such Bonds, at the address of such Owner as it appears in the Bond Register.  In any case where notice to Owners of Bonds is given by mail, neither the failure to mail such notice to any particular Owner of Bonds, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds. Where this Resolution provides for notice in any manner, such notice may be waived in writing by the Owner or Owners entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice.  Waivers of notice by Owners shall be filed with the Paying Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.

 

                SECTION 17.                                        Cancellation of Bonds.  All Bonds surrendered for payment, redemption, transfer, exchange or replacement, if surrendered to the Paying Agent, shall be promptly cancelled by it and, if surrendered to the Issuer, shall be delivered to the Paying Agent and, if not already cancelled, shall be promptly cancelled by the Paying Agent.  The Issuer may at any time deliver to the Paying Agent for cancellation any Bonds previously registered and delivered which the Issuer may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Paying Agent.  All cancelled Bonds held by the Paying Agent shall be disposed of as directed in writing by the Issuer.

 


 

                SECTION 18.                                        Mutilated, Destroyed, Lost or Stolen Bonds.   If (1) any mutilated Bond is surrendered to the Paying Agent, or the Issuer and the Paying Agent receives evidence to its, satisfaction of the destruction, loss or theft of any Bond, and (2) there is delivered to the Issuer and the Paying Agent such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer or the Paying Agent that such Bond has been acquired by a bona fide purchaser, the Issuer shall, under the authority of Part XI of Chapter 4 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, execute, and upon its request the Paying Agent shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Bond, a new Bond of the same maturity and of like tenor, interest rate and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Bond, pay such Bond.  Upon issuance of any new Bond under this Section, the Issuer may require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Paying Agent) connected therewith.  Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Bond shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Bond shall be at any time enforceable by anyone and shall be entitled to all the benefits of this Resolution equally and ratably with all other outstanding Bonds.  Any additional procedures set forth in this Resolution, shall also be available with respect to mutilated, destroyed, lost or stolen Bonds.  The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds.

 

                SECTION 19.                                        Discharge of Resolution; Defeasance.  If the Issuer shall pay or cause to be paid, or there shall otherwise be paid to the Owners, the principal of and interest on the Bonds, at the times and in the manner stipulated in this Resolution, then the pledge of the money, securities, and funds pledged under this Resolution and all covenants, agreements, and other obligations of the Issuer to the Owners of the Bonds shall thereupon cease, terminate, and become void and be discharged and satisfied, and the Paying Agent shall pay over or deliver all money held by it under this Resolution to the Issuer.


 

 

                Principal or interest installments for the payment of which money shall have been set aside and shall be held in trust (through deposit by the Issuer of funds for such payment or otherwise) at the maturity date thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section.  Bonds shall be deemed to have been paid, prior to their maturity, within the meaning and with the effect expressed above in this Section if they have been defeased pursuant to Chapter 14 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, or any successor provisions thereto.

 

                SECTION 20.                                        Paying Agent; Paying Agent Agreement.  The Issuer will at all times maintain a Paying Agent meeting the qualifications hereinafter described for the performance of the duties hereunder for the Bonds.  The designation of the initial Paying Agent in this Resolution is hereby confirmed and approved.  The Issuer reserves the right to appoint a successor Paying Agent by (a) filing with the Person then performing such function a certified copy of a resolution or Resolution giving notice of the termination of the Agreement and appointing a successor and (b) causing notice to be given to each Owner.  Every Paying Agent appointed hereunder shall at all times be a bank organized and doing business under the laws of the United States of America or of any state, authorized under such laws to serve as Paying Agent, and subject to supervision or examination by Federal or State authority. The Executive Officers are hereby authorized and directed to execute an appropriate Agreement with the Paying Agent for and on behalf of the Issuer in such form as may be satisfactory to said officers, the signatures of such officers on such Agreement to be conclusive evidence of the due exercise of the authority granted hereunder.

 

                SECTION 21.                                        Non-Arbitrage Representations, Warranties and Covenants.  The Governing Authority of the Issuer certifies and covenants that so long as the Bonds remain outstanding, moneys on deposit in any fund in connection with the Bonds, whether or not such moneys were derived from the proceeds of the sale of the Bonds or from any other sources, will not be used in a manner which will cause such Bonds to be “arbitrage bonds” within the meaning of Section 148 of the Code or ruling or regulations promulgated thereunder.

 

                The Governing Authority hereby authorizes the Executive Officers of the Issuer to be responsible for issuing the Bonds to make such further covenants and certifications as may be necessary to assure that the use thereof will not cause the Bonds to be arbitrage bonds and to assure that the interest on the Bonds will be excludable from gross income for purposes of federal income taxation.  In connection therewith, the Issuer and the Governing Authority further agree:

 

                (a) through the Executive Officers to make such further specific covenants, representations as shall be truthful, and assurances as may be necessary or advisable; (b) to consult with counsel approving the Bonds and to comply with such advice as may be given; (c) to pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds; (d) to file such forms, statements and supporting documents as may be required and in a timely manner; and (e) if deemed necessary or advisable by the Executive Officers, to employ and pay fiscal agents, financial advisors, attorneys, and other persons to assist the Issuer in such compliance.

 

                SECTION 22.                                        Printing and Delivery of Bonds.   The Executive Officers of the Issuer are hereby empowered, authorized and directed to cause the necessary Bonds to be printed or lithographed, and they are hereby further empowered, authorized and directed to sign, execute and seal all of the Bonds as herein provided and cause the same to be registered with the Secretary of State, all in accordance with the provisions of law and this Resolution.

 

                SECTION 23.                                        Notice of Bond Sale and Preliminary Official Statement.  The publication of a Notice of Bond Sale pertaining to the sale of the Bonds, in the form so published, and the distribution of the disclosure material in the Preliminary Official Statement in connection therewith are hereby ratified and confirmed in all respects by this Governing Authority, and the Issuer and the Governing Authority hereby certify that such disclosure material is deemed final by the Issuer and Governing Authority as of its date for purposes of Rule 15c2-12 of the Securities Exchange Act of 1934.

 

                SECTION 24.                                        Publication.  A copy of this Resolution shall be published immediately after its adoption in one (1) issue of the Lake Charles American Press, the official journal of the Issuer.  For a period of thirty (30) days from the date of such publication, any person in interest shall have the right to contest the legality of this Resolution and of the Bonds to be issued pursuant hereto and the provisions hereof securing the Bonds.  After the expiration of said thirty (30) days, no one shall have any right of action to contest the validity of the Bonds or the provisions of this Resolution, and the Bonds shall be conclusively presumed to be legal and no court shall thereafter have authority to inquire into such matters.

 

                SECTION 25.                                        Savings Clause.  In case any one or more of the provisions of this Resolution or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Resolution or of the Bonds, but the Resolution and the Bonds shall be construed and enforced as if such illegal or invalid provisions had not been contained therein.  Any constitutional or statutory provision enacted after the date or dates of this Resolution and of the Bonds which validates or makes legal any provision of this Resolution or the Bonds which would not otherwise be valid or legal, shall be decreed to apply to this Resolution and to the Bonds.

 

                SECTION 26.                                        Bank Qualification.   The Issuer has determined, and the Bonds are hereby designated as “qualified tax-exempt obligations” within the meaning of section 265(b)(3) of the Code, and the American Recovery and Reinvestment Act of 2009 (P.L. 111-5), signed into law on February 17, 2009.

 

                SECTION 27.                                        Additional Parity Bonds.  The Issuer hereby expressly reserves the right to issue from time to time additional bonds payable from and secured by ad valorem taxation on a parity with the Bonds.

 


 

                SECTION 28.                                        Continuing Disclosure Agreement.  The Issuer has authorized the execution and delivery of a Continuing Disclosure Agreement pursuant to Section (d)(2) of the Securities and Exchange Commission Rule 15c2-12 (the “Continuing Disclosure Agreement”). The Continuing Disclosure Agreement executed and delivered by the President and Secretary of the Governing Authority as heretofore authorized by resolution providing for the sale and delivery of the Bonds to the Purchaser is ratified, approved and confirmed.  The Issuer, acting through the Governing Authority, hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Agreement.  Notwithstanding any other provision of this Resolution, failure of the Issuer or the Governing Authority to comply with the Continuing Disclosure Agreement shall not be considered a default hereunder.  However, any Participating Underwriter, as defined in the Continuing Disclosure Agreement, or any Bond Owner may take such actions under Louisiana law as may be necessary and appropriate, including seeking a mandatory injunction, writ of mandamus or other order or judgment for specific performance by court order to cause the Issuer and/or the Governing Authority to comply with its obligations under the Continuing Disclosure Agreement and this Section and the provisions of this Resolution heretofore adopted authorizing the Continuing Disclosure Agreement.

 

                SECTION 29.                                        Further Acts.   All acts and doings of the Executive Officers of the Issuer which are in conformity with the purposes and intent of this Resolution are hereby in all respects ADVANCE \d 0ratified, approved and confirmed.

 

                SECTION 30.                                        Administration of Bond Proceeds.  In accordance with and pursuant to the provisions of Subpart A of Part III of Chapter 4 of Sub-Title II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, the Governing Authority of the Issuer is hereby confirmed as administrator of the funds of the Issuer, and is further charged with the responsibilities of investing the proceeds of the Bonds in accordance with the terms of this Resolution and the Letter of Investment Instructions which is annexed hereto as Exhibit I.  The Superintendent of Public Schools for the Parish of Calcasieu, Louisiana, and Ex-officio Secretary of the Governing Authority shall signify his acceptance of the responsibilities set forth herein and within the Letter of Investment Instructions by his execution of the Letter of Investment Instructions.

 


 

                SECTION 31.                                        Beneficiaries of the Resolution.   The provisions of this Resolution are for the sole benefit of the Owners of the Bonds and beneficial owners of the Bonds, and nothing contained herein, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person.  The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Resolution, and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer’s financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this  Resolution or otherwise, except as expressly provided herein.  The Issuer does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell the Bonds at any future date.

 

                UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO OWNERS OF THE BONDS OR BENEFICIAL OWNERS OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS RESOLUTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.

 

                No default by the Issuer in observing or performing its obligations under Sections 28 and 26 hereof shall constitute a breach of or default under this Resolution.

 

                SECTION 32.                                        Section Headings.  The headings of the various sections hereof are inserted for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions hereof.

 

                SECTION 33.                                        Repealer.  All resolutions or Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall be in effect from and after its passage.

 

                SECTION 34.                                        Effective Date of Resolution.  This Resolution shall become effective immediately upon its adoption.

 

                APPROVED AND ADOPTED this 6th day of October, 2009.

 

 

                                                                                                   /s/ Elray Victorian                                        

                                                                                                   Elray Victorian, President

ATTEST:


 

 

/s/ Wayne R. Savoy                        

WAYNE R. SAVOY, Secretary

 

E.  Moss Bluff Middle School Symphonic & 8th Grade Band/San Antonio,                              TX/April 30-May 2, 2010

 

On a motion to approve by Mr. LaRocque and second by Mr. Breaux, the motion carried.

 

F.  Resolution to Renew LCDA Membership

 

On a motion to approve by Mr. LaRocque and second by Mr. Breaux, the motion carried.

                 

BID REPORTS

 

A. Batteries for Transportation Department/2009-2010

 

SEPTEMBER 14, 2009

 

BID FOR BATTERIES FOR TRANSPORTATION DEPARTMENT

 

SCHOOL BOARD 2009-2010 FISCAL YEAR.

 

BIDS WERE SENT TO AND/OR RECEIVED FROM THE FOLLOWING VENDORS:

 

ADAY’S

CROW BURLINGAME

ENERGY BATTERY

LANDRY SUPPLY

WHOLESALE BATTERY

 

REPORT AS FOLLOWS:


                VENDOR NAME                                                                 BID PRICE

                ADAY’S                                                                                                NO BID SUBMITTED

                CROW BURLINGAME                                                                     NO BID SUBMITTED

                ENERGY BATTERY                                                                            NO BID SUBMITTED

                LANDRY SUPPLY                                                                               $33,372.50

                WHOLESALE BATTERY                                                   $35,660.00                                                            


 

THE STAFF RECOMMENDS AWARDING THE BID MEETING ALL SPECIFICATIONS FROM LANDRY SUPPLY FOR THE TOTAL AMOUNT OF $33,372.50.

 

On a motion to approve by Mr. Dellafosse and second by Mrs. Duhon, the motion carried.

 

 

 

                                                                                                 

 

 

B. Trucks for CPSB Maintenance Department/2009-2010

 

SEPTEMBER 14, 2009

 

BID FOR TRUCKS FOR CPSB MAINTENANCE DEPT.

 

SCHOOL BOARD 2009-2010 FISCAL YEAR.

 

BIDS WERE SENT TO AND/OR RECEIVED FROM THE FOLLOWING VENDORS:

 

                ALL STAR PONTIAC        

                BILLY NAVARRE CHEVROLET

                BOLTON FORD

                LAKE CHARLES TOYOTA

                MARTIN GMC

 

REPORT AS FOLLOWS:


                VENDOR NAME                                                                 BID PRICE

                ALL STAR PONTIAC                                                                       NO BID SUBMITTED

                BILLY NAVARRE CHEVROLET                                       $167,363.00

                BOLTON FORD                                                                                 $156,738.00

                LAKE CHARLES TOYOTA                                                               NO BID SUBMITTED                         MARTIN GMC                                                                                   $130,140.00                                            


THE STAFF RECOMMENDS REJECTING ALL BIDS FOR THE PURCHASE OF ALL 5 OF THE ¾ TON PICK UP TRUCKS.

 

THE STAFF RECOMMENDS AWARDING THE BID MEETING ALL SPECIFICATIONS FROM BOLTON FORD FOR THE PURCHASE OF THE 1 TON PICK UP TRUCK FOR THE TOTAL AMOUNT OF $24,473.00.

 

On a motion to approve by Mr. Dellafosse and second by Mrs. Duhon, the motion carried.

                                                     

C.  New Covered Canopy for Westlake High School/District #23 Bond Funds

 

 The Committee to receive bids met on the date herein indicated 

 

  and reviewed bids on the following project.

 

 

DATE:

September 29, 2009

 

DESCRIPTION:

NEW COVERED CANOPY FOR WESTLAKE HIGH SCHOOL

 

 

 

FUNDS:

SCHOOL DISTRICT #23, BOND FUNDS

 

BID NUMBER:

2010 - 05PC

 

DESIGNER:

KING ARCHITECTS, INC.

 

                     CONTRACTOR

BASE BID

LEWING CONSTRUCTION

$225,176.00

 

CARLTON CO.

$237,878.00

 

MILLER & ASSOCIATES

$267,000.00

 

PAT WILLIAMS CONSTRUCTION

$249,500.00

 

SHANNON SMITH CONSTRUCTION

$223,789.00

 

SAM ISTRE CONSTRUCTION

$244,500.00

 

JOHN D. MYERS & ASSOCIATES

$257,200.00

 

CONSTRUCTION SERVICES

$269,916.00

 

MALLET, INC.

 

$259,999.00

 

MASTER CRAFT CONSTRUCTION, LLC

$222,900.00

 

ONLINE BIDS:  NONE RECEIVED

 

 

The Committee recommends award of the contract to:

 

 

MASTER CRAFT CONSTRUCTION, LLC

 

(Base Bid) in the amount of:

 

 

TWO HUNDRED TWENTY TWO THOUSAND NINE HUNDRED DOLLARS AND NO/100-----------------($222,900.00)

 
 

as the lowest qualified bidder meeting specifications.

 

 

 

On a motion to approve by Mr. Dellafosse and second by Mrs. Duhon, the motion    carried.

 

D. Additions and Renovations to Western Heights Elementary School/District #23                  Bond Funds

           

       The Committee to receive bids met on the date herein indicated and reviewed bids

 

 

 

 

 

 

DESCRIPTION:

ADDITIONS AND RENOVATIONS TO WESTERN HEIGHTS ELEMENTARY SCHOOL

 

 

 

 

 

FUNDS:

SCHOOL DISTRICT #23 BOND FUNDS

 

BID NUMBER:

2010-04PC

 

DESIGNER:

KING ARCHITECTS, INC.

 

 

 

 

 

 

 

                     CONTRACTOR

BASE BID

ALT. # 1

ALT. # 2

 

LEWING CONSTRUCTION

$567,400.00

$98,473.00

$33,555.00

 

CARLTON CO.

$567,266.00

$40,950.00

$135,965.00

 

MILLER & ASSOCIATES

$540,000.00

$42,000.00

$117,000.00

 

PAT WILLIAMS

 

$597,820.00

$79,600.00

$34,000.00

 

SHANNON SMITH

 

$515,650.00

$42,200.00

$92,580.00

 

MASTERCRAFT

 

$580,000.00

$32,650.00

$63,500.00

 

SAM ISTRE

 

$507,000.00

$83,000.00

$64,000.00

 

JOHN D. MYERS

 

$493,300.00

$34,000.00

$114,400.00

 

RON WILLIAMS

 

$849,000.00

$80,966.00

$148,502.00

 

O;NLINE BIDS:  NONE RECEIVED

 

 

 

 

The Committee recommends award of the contract to:

 

 

 

JOHN D. MYERS

 

BASE BID AND ALTERNATES NO. 1 & 2 IN THE AMOUNT OF:

 

 

SIX HUNDRED FORTY ONE THOUSAND SEVEN HUNDRED DOLLARS AND NO/100-------------------------($641,700.00)

 

 

as the lowest qualified bidder meeting specifications.

 

 

 

 

 

 

 

 

DESCRIPTION OF ALTERNATES:

 

 

 

 

 

ALT. #1:  For all work required by the Contract Documents to provide & install asphalt topping, refer to Drawings & Specs.

 

 

 

 

ALT. #2:  For all work required by the Contract Documents to provide & install metal bus canopy located at front entrance of building.

 

 

 

 

On a motion to approve by Mr. Dellafosse and second by Mrs. Duhon, the motion    carried.

 

PERMISSION TO ADVERTISE

        

A.  Colored Paper and 3 Hole Punch Paper for the CPSB Print Shop/General                           Funds  

 

On a motion to approve by Mr. Hardy and second by Mrs. Duhon, the motion carried.

               

CORRESPONDENCE

 

A.  Beneficial Occupancy for the project, “Additions and Improvements at Frasch                   Elementary, Sulphur 9th Grade, and W.W. Lewis Middle School,” District #30                   Bond Funds.

 

On a motion to approve by Mr. Breaux and second by Mr. Andrepont, the motion carried.

 

B.  Recommendation of Acceptance for the project, “Additions and Improvements                  at Frasch Elementary, Sulphur 9th Grade, and W.W. Lewis Middle School.”

Bid #2008-08PC

 

On a motion to approve by Mr. Breaux and second by Mr. Andrepont, the motion carried.

 

C.  Beneficial Occupancy for the project, “Additions and Improvements at W.W.                      Lewis Middle School,” Phase II, District #30 Bond Funds.

 

On a motion to approve by Mr. Breaux and second by Mr. Andrepont, the motion carried.

 

D.  Change Order Number Three (3) for the project, “Renovations & Additions                       to Gymnasium Building, Bell City High School,” Bid Number 2009-02PC;                        District #28 Bond Funds; Moss Architects, Inc., Designer; Priola    

Construction Corporation, Contractor; Increase of $8,883.42 and Increase of                    Sixty Six (66) days.

 

On a motion to approve by Mr. Webb and second by Mr. Breaux, the motion carried.

 

E.  Recommendation of Acceptance for the project, “Renovations & Additions to                   Gymnasium , Bell City High School,” Bid #2009-02PC

 

On a motion to approve by Mr. Webb and second by Mr. Breaux, the motion carried.

 

F.  Change Order Number One (1) for the project, “Sam Houston High School                        Connecting Commons Addition,” Sales Tax District #33; Bid #2009-11PC;                       Moss Architects, Inc., Designer; Sam Istre Construction Co., Inc., Contractor;                    Increase of $33,416.03 and Increase of Seventy Seven (77) days.

 

On a motion to approve by Mr. LaRocque and second by Mr. Hardy, the motion carried.

 

G. Change Order Number Eight (8) for the project, “Classroom Pods Phase VI,”                     Bid #2007-06PC; C.R. Fugatt, AIA, Designer; Miller & Associates                                    Development Co., Inc., Contractor; Contract sum unchanged; Increase of                          forty four (44) days.

 

On a motion to approve by Mr. LaRocque and second by Mr. Hardy, the motion carried.

 

H.  Recommendation of Acceptance for the project, “Re-roofing, Ralph Wilson                      Elementary School,” General Funds; Bid #2009-09PC.

 

On a motion to approve by Mrs. Duhon and second by Mr. Hardy, the motion carried.

 

I. Beneficial Occupancy for project, “New Restroom at Matt Walker                   Stadium, Sulphur High School,” School District #30 Bond Funds; Randall D. Broussard, Architect; K&S Construction, LLC., Contractor.

 

On a motion to approve by Mr. Guidry and second by Mr. Andrepont, the motion carried.

 

J. Beneficial Occupancy for project,”Additions and Improvements at

W.W. Lewis Middle School,” Phase II, School District #30 Bond

 

 

Funds; C.R. Fugatt, AIA, Architect; Miller and Associates  Development Company, Contractor.

 

On a motion to approve by Mr. Guidry and second by Mr. Andrepont, the motion carried.

      

SUPERINTENDENT’S REPORT

 

Mr. Savoy reported on the following:

 

Talitha Pitre, Washington-Marion High School, was named a 2009 National Science Teachers Association New Teacher Fellow.

 

Shawn Doyle, Sulphur High School Class of 2004 and former Advanced Placement Biology II student, is returning to Antarctica to continue research on unusual bacteria found in glaciers.

 

John F. Kennedy Elementary Principal Dinah Robinson was named as a top academic scholar and has been invited to join the local chapter of the Golden Key International Honour Society at the University of New Orleans.

 

Patrick Deaville, Director of High School Curriculum, was named Education/Workforce Development Volunteer of the Year by the Chamber/Southwest Louisiana.

 

Kerry Onxley, Director of Theatre at Westlake High School, was named the 2009 Citizen of the Arts at the annual Mayor’s Arts Award.

 

History of the Calcasieu Parish School Board and the Kirkman Street offices/report on new Calcasieu Parish School Board offices at 3310 Broad Street.

 

CONDOLENCES AND RECOGNITIONS

 

(Audio difficulties prevent the mention of all items)

 

Mr. Karr asked for a letter of condolence to Mrs. Margaret Clement.

 

Mr. Webb asked for a letter of commendation to Dr. Sheryl Abshire regarding the Technology Institute. He asked for a letter of recognition to Jerry Whatley regarding his upcoming retirement.

 

Mr. Jongbloed commended Mr. Randy Goodloe, as the architect for the new Calcasieu Parish School Board building. He asked for a letter of condolence to Mark Ethridge.

 

Mrs. Duhon asked for a letter of condolence to the family of Janet Teat.

 

Mr. Andrepont commended Mr. Harold Heath regarding the new CPSB building. He asked for a letter of condolence to the family of Mr. Carrol Fontenot.

 

Mr. Hardy asked for a letter of condolence to the family of each of the following:

 

Hilda St. Mary

Delores Redmond

Orena Chavis.

 

Mr. Bernard asked for a letter of condolence to the family of Wava Reigal. He asked for a letter of congratulation to Keith LeLeux, Director of Child Welfare and Attendance, regarding the graduation of his son, Jared, from the Marine Corp Officer Candidate School. He asked for a letter of appreciation to Mr. John Stelly.

 

COMMITTEE ITEMS

 

Mr. Hardy asked that the overcrowding at Barbe High School and S. J. Welsh Middle School be looked into. He asked for information on stimulus funds.

 

Mr. Hardy and Mr. Bernard asked that a committee look into allowing CFT to visit teachers during school hours.

 

Mr. Jongbloed asked someone look into a possible field trip to Angola for some students at the Alternative School.

 

Mr. Dellafosse asked for a report on the number and types of different programs at each school, and where the funding is coming from for each. He wants to visit the policy on the hiring of family members. He would like more information on spending and the use of purchasing cards.

 

Mr. Andrepont asked if a committee could look into rewarding schools that go above and beyond other schools, since the State has stopped doing this.

 

Mrs. Ballard asked that the C&I meeting look into concerns regarding Kindergarten ReDesign.

 

SCHEDULE COMMITTEES

 

C&I Committee, October 20, 2009….4:45 p.m.

(Meeting has been changed to October 28, 2009)

 

On a motion to adjourn by Mr. Andrepont and second by Mr. Hardy, the meeting adjourned at 7:37 p.m.

 

­­­­­­­­­­­­­­­­­­­­­­­­­­____________________________                  ___________________________

Elray Victorian, President                                       Wayne Savoy, Secretary