DATE, TIME, PLACE OF MEETING
The Calcasieu Parish School Board met in the Conference Room of the Calcasieu Parish School Board located at 1732 Kirkman Street, Lake Charles, Louisiana, on Tuesday, February 19, 2002, at 5:00 p.m. John M. Falgout, President, called the meeting to order. The prayer was led by Carla Duplechin; Jimmy Pitre led the Pledge of Allegiance.
ROLL CALL
The roll was called and the following members were present:
Joe A. Andrepont, Randall C. Armentor, Ricky Blackwell, Wilridge P. Doucet, Clara F. Duhon, Jay L. Duhon, Carla C. Duplechin, John M. Falgout, L. J. "Berk" Fontenot, James W. Karr, Sr., Sheral A. LaVergne, James W. Pitre, Gregory P. Robert, Philip Tarver and Elray T. Victorian.
MINUTES APPROVED
On motion by Mr. Duhon, seconded by Mr. Blackwell, and unanimously carried, the minutes of the regular meeting of January 15, 2002, were approved as presented.
Supplemental Agenda
By general consent the Supplemental Agenda was included as part of the regular agenda.
RECOGNIZE SCHOOL REPRESENTATIVES
Mr. Falgout recognized representatives present from the following schools:
LaGrange High School, Kennedy Elementary School, St. John Elementary School, Barbe Elementary School, F.K. White Middle School
It was noted that St. John Elementary School representatives will be recognized at the next Board meeting, March 5, 2002.
Agenda/Amend
By general consent items VIII A.-VIII I. will be presented after the presentation category.
PRESENTATIONS
Teacher of the Year Award
Mr. Falgout recognized Mr. Fred Hardy, Middle School Reading and Language Supervisor, who announced the recipients of the Teacher of the Year Award for the elementary, middle, and high school categories.
The elementary school division Teacher of the Year Award recipient is Kathleen Spanner Griffith. Mrs. Griffith is a 1975 graduate of Baylor University. She is a twenty-one year veteran teacher. Currently, she is a practicing speech pathologist for K-5 students at Prien Lake Elementary School. Mrs. Griffith was presented with a plaque and congratulated by the Board and Superintendent.
The middle school division Teacher of the Year Award recipient is George K. Book. Mr. Book is a 1972 graduate of McNeese State University. He is a twenty-eight year veteran teacher. Currently, he teaches history and geography to eighth graders at S. P. Arnett Middle School. He has presented staff development programs across the state, nation, China, Canada, and Mexico. Mr. Book was presented with a plaque and was congratulated by the Board and Superintendent.
The high school division Teacher of the Year Award recipient is Marie B. Reed. Mrs. Reed is a 1980 magna cum laude graduate of McNeese State University. She is a twenty-two year veteran teacher. Currently, she teaches chemistry to eleventh and twelfth graders at LaGrange High School. She is one of only two U.S. educators qualified to sponsor teacher/student groups in the Biodiversity Assessment Institute at El Eden Ecological Reserve, Quintana Roo, Mexico. Mrs. Reed received a plaque and was congratulated by the Board and Superintendent.
Mrs. Griffith, Mr. Book, and Mrs. Reed thanked their colleagues, principals, families, and God for their success. They extended their appreciation to the Board for honoring them at the meeting.
LAE Administrator of the Year Award
Mr. Falgout recognized Judy Ellis, Vice-President of the Calcasieu Association of Educators. Mrs Ellis made a presentation to Sheryl Abshire, the recipient of the LAE Administrator of the Year Award. Sheryl Abshire began her career in education 28 years ago and has worked as an elementary teacher, school librarian, school principal and is presently the Director of Technology for the CPSB. She is a nationally recognized speaker and consultant in the areas of grant writing and technology infused professional development, and serves on many state and national advisory committees for everything from education consortiums--to computer companies--to departments of education. She is involved in civic organizations; she has received numerous awards, and has been recognized for her accomplishments on a local, regional, and national level.
Dale Hawley Award and State Student Council President Award
Mr. Falgout recognized Mrs. Sandy Hill, sponsor of the Alfred M. Barbe High School Executive Student Council. Mrs. Hill announced that Christa Courville is the recipient of the Dale Hawley Award. Christa is one of five students who received this prestigious award in recognition of her outstanding leadership in the state. Christa currently serves as President of the Executive Student Council at Barbe High School and also has represented our state on a regional and national level. Christa was presented a plaque and a certificate on behalf of the Board and Barbe High School. The Board President and Superintendent congratulated Christa for an outstanding achievement.
COMMITTEE REPORTS
Administration and Personnel
Mr. Fontenot, Chair, reported the Administration and Personnel Committee met on Tuesday, January 29, 2002, at 4:45; a quorum was present. Mr. Fontenot reported the purpose of the meeting was to review and discuss the RI reapportionment plan. Mr. Cedric Floyd, President of the Data Center in Kenner, Louisiana, was present to submit for review and possible consideration a plan that was devised to include four minority districts. Mr. Fontenot reported that Mr. Floyd stated that the definition of a deviation of the plan is: subtract the smallest district from the largest district and divide by the ideal district size, not plus or minus 5%. After a lengthy discussion, Mr. Doucet made a motion to accept plan RI, Mr. Armentor seconded the motion. A substitute motion was made and seconded to allow Mr. Floyd an additional two weeks to alter his plan and present it to the committee on February 13, 2002. Mr. Fontenot, moved on behalf of the committee to grant Mr. Floyd an additional two weeks to allow him to alter his plan and present it to the committee on February 13, 2002. The motion carried. An amendment to the amended motion was made and seconded to provide Mr. Floyd direction as to placing all 15 board members in separate precincts using consideration of their preferred district. The motion failed due to lack of majority vote. Mr. Fontenot reported that clarification of the substitute motion that was on the table was addressed and stated that Mr. Floyd provide Board members with his plan by February 6th for Mr. Savoy to have maps prepared by the 9th, and delivered to the board members in preparation for the committee meeting on February 13th. It was determined that other plans would also be accepted. The motion carried. Mr. Fontenot, on behalf of the committee recommended that that Mr. Floyd provide Board members with his plan by February 6th for Mr. Savoy to have maps prepared by the 9th, and delivered to the board members in preparation for the committee meeting on February 13th. It was determined that other plans would also be accepted. The motion carried.
Administration and Personnel Committee
Mr. Fontenot, Chair, reported the Administration and Personnel Committee met on Tuesday, February 13, 2002, at 4:45; a quorum was present. Mr. Fontenot reported the meeting was held to finalize the reapportionment plan. Mr. Fontenot reported that Mr. Savoy gave an overview of the actions taken by the board at previous meetings relating to redistricting. He noted that Mr. Savoy referred to three plans that were on exhibit: 1). RI, which reflects three minority districts, 2). FI, which reflects four minority districts, and 3). F2, which reflects four minority districts. It was noted that Mr. Floyd discussed the changes that were made to plan F1 and plan F2. Mr. Doucet presented a fourth plan for consideration and distributed material relating to this plan. Mr. Fontenot reported that Mr. Spruel stated that the plan submitted to the Justice Department should be acceptable if guidelines are followed. Mr. Spruel further stated that the primary basis for acceptance is that the plan must comply with the one man, one vote rule and should reflect fair minority representation. There was a motion made and seconded to accept the RI plan. Mr. Fontenot reported that Mr. Milton Bellard, President of the NAACP, stated that he would oppose any plan that did not represent four minority districts. He stated that four minority districts could be established due to the population shifts within the city. Mr. Floyd stated that his plans show four minority districts and should be considered. He indicated that the Justice Department standards are based on the 1990 census as a base line along with other factors. Mr. Spruel stated that the RI plan could possibly cause concerns due to the minority compactness within three districts. After a lengthy discussion, a vote was taken to approve the RI plan. The motion carried.
Mr. Fontenot moved on behalf of the committee to approve the RI plan.
Mr. Doucet made a substitute motion, seconded by Mr. Victorian to adopt and approve the “Plan # 5,” which was presented and discussed at the committee meeting. The plan would reflect the following changes:
Precinct From District To District
309E 2 3
311 3 7
313 7 14
361 14 2
There was lengthy discussion regarding the three reapportionment plans. The minority Board members emphasized the importance of approving a plan that reflects four minority districts. This would give the minority community the opportunity to have fair representation.
Several Board members expressed opposition to the Doucet Plan #5:
· The plan was submitted and not presented on a timely basis (the majority of the board members did not have the opportunity to review the plan prior to the board meeting).
· Restrictions were placed on the Floyd Plan and not Plan #5.
It was reported that several Plan #5 maps were available for the Board members to review.
The Chair called for a short recess at 6:00 p.m. to allow the Board members an opportunity to discuss and review Plan #5.
The Chair called for the open session to resume at 6:15 p.m.
The following issues were discussed:
· The adoption of one of the plans that would most likely be approved by the United States Justice Department.
· Not approve any plan, leaving the decision and redistricting to the Justice Department.
· Choose a plan that will benefit the Calcasieu Parish School System.
· Possibly adopt the police jury’s plan.
· The plan must meet criteria required by law.
· Represent constituents and do the best job for the system.
Legal counsel advised the Board that a plan should be approved and submitted to the United States Justice Department. This will indicate that the Board has made a good faith effort to establish a reasonable plan.
Mr. Falgout recognized Mary Morris who requested to speak to the Board as a concerned citizen. Ms. Morris stated that the Board should focus on the mission of the system and that teamwork and placing the children of our parish should be emphasized.
Next, Mr. Falgout recognized Mr. Milton Bellard, President of the local chapter of the NAACP. Mr. Bellard stated that the Board should have begun the process of developing a feasible plan at an earlier date. He added that the minority community was requesting fair representation and that the Board members should not allow their individual preference to interfere with the decision process of approving a plan.
Mr. Duhon made a second substitute motion, seconded by Mrs. Duplechin to approve the plan submitted by Cedric Floyd, “Floyd One.”
It was noted that the plan submitted by Mr. Floyd did not meet criteria. Several board members stated that the plan did include four minority districts, but reflected incorrect numbers. The numbers were obtained from the police jury.
Ms. LaVergne stated that she would definitely support a plan that included four minority districts.
The Chair called for a vote on the second substitute motion. The motion failed by the following vote:
Yeas: Randy Armentor
Carla Duplechin
Philip Tarver
Joe Andrepont
Ricky Blackwell
Jay Duhon
Nays: Sheral LaVergne
Gregory Robert
Jimmy Pitre
Wilridge Doucet
James Karr
Elray Victorian
Berk Fontenot
The Chair did not vote and Mrs. Duhon abstained.
The Chair called for a vote on the substitute motion. The motion carried by the following vote:
Yeas: Sheral LaVergne
Clara Duhon
Gregory Robert
John Falgout
Jimmy Pitre
Wilridge Doucet
James Karr
Elray Victorian
Berk Fontenot
Nays: Randy Armentor
Carla Duplechin
Philip Tarver
Joe Andrepont
Ricky Blackwell
Jay Duhon
R E S O L U T I O N
A RESOLUTION PROVIDING FOR REDISTRICTING OF THE CALCASIEU PARISH SCHOOL BOARD
BE IT RESOLVED by the Calcasieu Parish School Board that:
Section 1. The Calcasieu Parish School Board does, subject to the approval of the United States Department of Justice, maintain the membership of the Calcasieu Parish School Board at fifteen (15) members. The present terms of all current members of the Calcasieu Parish School Board shall not be reduced or otherwise affected by this resolution.
Section 2. From and after the effective date of this resolution, and subject to the approval of the United States Department of Justice, there are established School Board election districts numbered one (1) through fifteen (15), each of which shall be represented by one member of the Calcasieu Parish School Board. The precincts contained in each of the fifteen (15) election districts and the respective Board members are set forth in Exhibit A attached hereto and made a part of this resolution, as if set forth herein in full. The precinct boundaries, as they existed on the day of , 20 , and as shown on the attached Exhibit B, shall be and are hereby established as the boundaries for the precincts designated in the election districts set forth in Exhibit A referred to above.
Section 3. Members of the Calcasieu Parish School Board elected after the effective date of this resolution shall serve concurrent terms of four years as established by LSA-R.S. 17:52 and 17:71.2.
Section 4. This resolution and the redistricting provided for herein shall be effective at the end of the term of the incumbent board members as mandated by LSA- R.S. 33:1411B., subject to the approval of the United States Department of Justice. The Secretary of the Calcasieu Parish School Board is authorized and directed to publish this resolution in the official journal of the Board.
Section 5. A certified copy of this resolution, together with other showings required by Section 5 of the Voting Rights Act of 1965 and regulations pertaining thereto shall be submitted by the Office of the District Attorney in and for the Fourteenth Judicial District, Parish of Calcasieu, State of Louisiana, to the United States Attorney General, Department of Justice, for approval in compliance with the said Voting Rights Act. A copy of this resolution shall be submitted by certified mail to the Louisiana Secretary of State.
This Resolution having been submitted to a vote, the vote thereon was as follows:
YEAS: Randy Armentor
Sheral LaVergne
Clara Duhon
Gregory Robert
Carla Duplechin
Philip Tarver
John Falgout
Jimmy Pitre
Wilridge Doucet
James Karr
Jay Duhon
Joe Andrepont
Ricky Blackwell
Elray Victorian
L.J. “Berk” Fontenot
NAYS: None
NOT VOTING: None
PASSED, ADOPTED AND APPROVED at Lake Charles, Louisiana on the 19th day of February, 2002.
/s/Jude W. Theriot
JUDE W. THERIOT, SECRETARY
/s/John M. Falgout
JOHN M. FALGOUT, PRESIDENT
H:\Resltion.gen\RESOLUTION2‑14‑02.wpd
Employee Benefits
Mr. Jay Duhon, Chairman, reported that the committee met on Thursday, January 10, 2002 at 4:45; a quorum was present. The purpose of the meeting was to discuss the health insurance renewal issue. Mr. Duhon reported that the committee voted on a motion to present to the Board the recommendation that the health insurance package be available for proposals from various insurance entities. The motion carried.
Mr. Duhon reported that the committee held a subsequent meeting on Wednesday,
February 6, 2002, at 4:45; a quorum was present. The meeting was called to discuss the negotiations that were prepared since the previous committee meeting. Mr. Duhon stated that a plan was presented to the committee with a plan design change placing prescription drugs under the major medical plan, thus eliminating the drug card. The deductible amount would be $300.00 per year, per individual, 80% reimbursement thereafter to the amount of $1,500.00, then 100% paid after the out-of-pocket amount was satisfied. It was noted that in a family of more than three, the deductible would not exceed $900.00 per year. Mr. Duhon made a motion on behalf of the committee to renew the health care coverage with Trustmark Insurance Company, which would include the drug plan change and a 6.3% premium increase.
Mrs. Duhon left the meeting.
There was discussion concerning possible alternative plans. It was noted that the proposed plan with Trustmark was the best scenario. The other plans would create a considerable increase with fewer benefits.
Mr. Bruchhaus, chief financial officer, gave a financial summary of renewal activity for May 1, 2002.
It was noted that the new premium would be in effect May 31, 2002.
After further discussion, the Chair asked for a vote on the motion. The motion carried unanimously.
TAKE APPROPRIATE ACTION
Lake Charles, Louisiana
February 19, 2002
The Parish School Board of Calcasieu Parish, Louisiana, met in public session at 5:00 o'clock p.m. on Tuesday, February 19, 2002, 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.
John M. Falgout, President called the meeting to order and on roll call, the following members were present:
Joe A. Andrepont, Randy Armentor, Ricky Blackwell, Wilridge Doucet, Clara F. Duhon, J. L. “Jay” Duhon, Carla C. Duplechin, John M. Falgout, L. J. “Berk” Fontenot, James W. Karr, Sr., Sheral LaVergne, James W. Pitre, Greg Robert, Philip E. Tarver, and Elray T. Victorian
ABSENT: None
The President stated that one purpose of the meeting was the opening of sealed bids received for the purchase of $13,000,000 of General Obligation Public School Improvement Bonds of School District No. 31 of Calcasieu Parish, Louisiana, 2001 Series (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 Southwest Daily News, a newspaper published in Calcasieu Parish, and of general circulation in School District No. 31 of Calcasieu Parish, Louisiana, on February 8, 2002 (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 February 8, 2002 (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. 31 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. SWS Securities, Inc. 4.803417% -0-
Dallas, Texas
2. Morgan Keegan & Company, Inc. 4.791037% -0-
New Orleans, Louisiana
3. Salomon Smith Barney Inc. 4.819774% -0-
Dallas, Texas
Upon verification, it was determined that the bid of Morgan Keegan & Co., 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 Ms. LaVergne and seconded by Mrs. Duhon, was adopted by the following vote:
YEAS: Mr. Andrepont, Mr. Armentor, Mr. Blackwell, Mr. Doucet, Mrs. Duhon, Mr. Duhon, Ms. Duplechin, Mr. Falgout, Mr. Fontenot, Mr. Karr, Ms. LaVergne, Mr. Pitre, Mr. Robert, Mr. Tarver and Mr. Victorian
NAYS: None
RESOLUTION
A RESOLUTION PROVIDING FOR THE ISSUANCE OF $13,000,000 GENERAL OBLIGATION PUBLIC SCHOOL IMPROVEMENT BONDS OF SCHOOL DISTRICT NO. 31 OF CALCASIEU PARISH, LOUISIANA, 2002 SERIES; 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. 31 of Calcasieu Parish, Louisiana (the “Issuer”) on October 19, 1999, and in conformity with notice duly published in compliance with law, there was held in School District No. 31 of Calcasieu Parish, Louisiana, on March 14, 2000, a special election at which there was submitted to the qualified electors of said district the following proposition:
BOND PROPOSITION
SUMMARY: AUTHORITY FOR SCHOOL DISTRICT NO. 31 OF CALCASIEU PARISH, LOUISIANA, TO ISSUE NOT EXCEEDING $38,000,000 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. 31 of Calcasieu Parish, Louisiana, incur debt and issue bonds in an amount not exceeding $38,000,000 for a period not to exceed twenty (20) years from the date thereof, with interest at a rate not exceeding twelve (12%) 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. 31 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. 31 of Calcasieu Parish, Louisiana (the “Issuer”), did on March 21, 2000, 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 May 24, 2000, the Issuer issued $15,000,000 of its General Obligation Public School Improvement Bonds, Series 2000; and
WHEREAS, the Governing Authority now deems it in the public interest to authorize the issuance and delivery of $13,000,000 General Obligation Public School Improvement Bonds of School District No. 31 of Calcasieu Parish, Louisiana, 2002 Series;
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 THIRTEEN MILLION AND NO/100 ($13,000,000) DOLLARS General Obligation Public School Improvement Bonds of School District No. 31 of Calcasieu Parish, Louisiana, 2002 Series, in the initial denominations of one Bond for each maturity, with transfers in multiples of $5,000.00, bearing interest payable semi-annually on March 1 and September 1 of each year, beginning March 1, 2002, 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
(March 1) ANNUM (March 1) ANNUM
2003 395,000 5.500% 2013 640,000 4.400%
2004 410,000 7.375% 2014 675,000 4.500%
2005 435,000 6.000% 2015 705,000 4.600%
2006 455,000 5.750% 2016 740,000 4.700%
2007 480,000 5.750% 2017 780,000 4.800%
2008 500,000 4.250% 2018 815,000 4.900%
2009 525,000 4.000% 2019 860,000 5.000%
2010 555,000 4.100% 2020 900,000 5.000%
2011 580,000 4.200% 2021 945,000 5.000%
2012 610,000 4.300% 2022 995,000 5.000%
We will pay the principal sum of THIRTEEN MILLION AND NO/100 ($13,000,000) DOLLARS, together with accrued interest from the date of the Bonds to the date of delivery, plus a premium in the amount of $ None .
For your information, we calculate the lowest effective interest rate to School District No. 31 to be 4.791037 %, 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 March 27, 2002, 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. 31 will furnish to us, free of charge, at the time of delivery of the Bonds, the qualified approving legal opinion of Joseph A. Delafield, Attorney at Law, 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) 100 27830 drawn on Whitney National Bank of New Orleans, Louisiana, in the amount of TWO HUNDRED SIXTY THOUSAND AND NO/100 ($260,000.00) 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. 31 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 not 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. 31 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 2002 Series 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, 2002 Series of the Issuer, authorized by this Resolution, in the total aggregate principal amount of Thirteen Million Dollars ($13,000,000), dated March 1, 2002 (being the second series of an authorized issue of $38,000,000. The Issuer has previously issued, sold and delivered $15,000,000 Public School Improvement Bonds of School District No. 31 of Calcasieu Parish, Louisiana, 2000 Series, dated May 1, 2000, which are payable from and secured by ad valorem taxation on a parity with the Bonds.)
“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 March 1 and September 1 of each year beginning March 1, 2003.
“Issuer” means School District No. 31 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 been 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 Company, 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 Date 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 7 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 March 14, 2000, there is hereby authorized the incurring of an indebtedness of Thirteen Million Dollars ($13,000,000) (being the second series of an authorized issue of $38,000,000) 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 Thirteen Million Dollars ($13,000,000) of General Obligation Public School Improvement Bonds, 2002 Series, of the Issuer. The Bonds shall be in fully registered form, shall be dated March 1, 2002, 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 March 1, 2003, 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
(March 1) ANNUM (March 1) ANNUM
2003 395,000 5.500% 2013 640,000 4.400%
2004 410,000 7.375% 2014 675,000 4.500%
2005 435,000 6.000% 2015 705,000 4.600%
2006 455,000 5.750% 2016 740,000 4.700%
2007 480,000 5.750% 2017 780,000 4.800%
2008 500,000 4.250% 2018 815,000 4.900%
2009 525,000 4.000% 2019 860,000 5.000%
2010 555,000 4.100% 2020 900,000 5.000%
2011 580,000 4.200% 2021 945,000 5.000%
2012 610,000 4.300% 2022 995,000 5.000%
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 2003 to 2007, inclusive, shall not be subject to redemption prior to maturity. Those Bonds maturing March 1, 2008 and thereafter shall be callable for redemption by the Issuer in full at any time on or after March 1, 2007, 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 March 1, 2007, 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. 31 OF
CALCASIEU PARISH, LOUISIANA
2002 SERIES
INTEREST RATE: MATURITY DATE: CUSIP:
School District No. 31 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 March, 2002.
____________________________
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 Company, 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 March 1 and September 1 in each year, beginning March 1, 2003, 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 Company, 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 fifteenth calendar day of the month next preceding an interest payment date) 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. 31 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 March 1, 2002.
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 THIRTEEN MILLION AND NO/100 ($13,000,000) DOLLARS; said Bonds to mature annually, issued pursuant to a resolution adopted on February 19, 2002 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. 31 of Calcasieu Parish, Louisiana.
The Paying Agent/Registrar for this issue is Argent Trust Company, a Division of National Independent Trust Company, Louisiana, 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 2003 to 2007, inclusive, shall not be subject to redemption prior to maturity. Those Bonds, or portions thereof in multiples of $5,000, maturing in the years 2008 to 2022, 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 March 1, 2007, 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. 31 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, Attorney at Law, 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 2002 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 provided 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; 2002 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. 31 Improvement Fund” (the “2002 Project Fund”) hereby created, and disbursements shall be made from the 2002 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 2002 Project Fund shall be maintained within the 2002 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 Southwest Daily News, 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 that the Bonds will NOT be designated as “qualified tax-exempt obligations” within the meaning of section 265(b)(3) of the Code.
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 ratified, 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 31 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 19th day of February, 2002.
/s/ John M. Falgout
JOHN M. FALGOUT, President
ATTEST:
/s/ Jude W. Theriot
JUDE W. THERIOT, Secretary
* * * * * * * * * *
The President of the Board stated that one purpose of the meeting was for canvassing and tabulating the returns of an election held in Calcasieu Parish, Louisiana on January 19, 2002, on the question of renewal of a special ad valorem tax of 9.95 mills for a period of ten (10) years beginning January 1, 2003, upon all taxable property within the Parish for the purpose of providing additional support for maintenance and operation of the public schools of Calcasieu Parish, and thereupon presented the following proces verbal, which was adopted by the following vote:
YEAS: Mr. Andrepont, Mr. Armentor, Mr. Blackwell, Mr. Doucet, Mrs. Duhon, Mr. Duhon, Ms. Duplechin, Mr. Falgout, Mr. Fontenot, Mr. Karr, Ms. LaVergne, Mr. Pitre, Mr. Robert, Mr. Tarver, and Mr. Victorian
NAYS: None
PROCES VERBAL
BE IT KNOWN AND REMEMBERED that on this 19th day of February, 2002, at 5:00 o'clock p.m., in accordance with a resolution of the Calcasieu Parish School Board (the “Board”), adopted on October 22, 2001, and recorded in the records of said Board, notice of which meeting was issued and published according to law, the undersigned members of the Board, being a quorum thereof, met at the regular meeting place of the Board, and according to law examined the tabulation blanks, certificates and statements which were received from the Commissioners and Commissioners-in-Charge of the election held in Calcasieu Parish, Louisiana on January 19, 2002, in accordance with said resolution, together with the transcription of the totals made by the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines in and for Calcasieu Parish to determine the following proposition:
MAINTENANCE MILLAGE RENEWAL PROPOSITION
SUMMARY: AUTHORITY FOR CALCASIEU PARISH SCHOOL BOARD TO LEVY AND COLLECT A 10-YEAR SPECIAL TAX OF NINE AND NINETY-FIVE ONE-HUNDREDTHS (9.95) MILLS TO PROVIDE ADDITIONAL SUPPORT FOR MAINTENANCE AND OPERATION OF THE PUBLIC SCHOOLS OF CALCASIEU PARISH.
Shall the Parish School Board of the Parish of Calcasieu, State of Louisiana, under the provisions of Article 8, Section 13(C)(Third) of the Constitution of 1974 of the State of Louisiana, La. R.S. 39:701, et seq., and other constitutional and statutory authority supplemental thereto, levy and collect each year for a period of ten years beginning January 1, 2003, a special tax of Nine and Ninety-Five One-Hundredths (9.95) Mills on the dollar of all property subject to taxation in the Parish of Calcasieu, Louisiana, for the purpose of providing additional support for maintenance and operation of the public schools of Calcasieu Parish?
The results of said election proved to be as follows:
NUMBER OF VOTES IN NUMBER OF VOTES
PRECINCT FAVOR OF PROPOSITION AGAINST ROPOSITION
160 60 15
161 27 37
162 137 60
163 74 39
164 6 16
165 97 39
166 126 36
167 98 41
260 38 3
261 39 4
262 42 21
300 39 9
301 51 5
302 26 5
303 34 4
304 52 10
305 37 10
306 62 17
307 15 0
308 30 14
309 36 13
310 28 6
311 9 5
312 86 16
313 28 9
314 49 6
315 48 16
316 45 10
317 50 6
318 23 13
319 22 5
320 54 15
321 56 6
322 32 7
323 28 12
324 61 12
NUMBER OF VOTES IN NUMBER OF VOTES
PRECINCT FAVOR OF PROPOSITION AGAINST ROPOSITION
325 71 16
326 87 24
327 28 9
328 63 16
329 51 1
330 25 8
331 59 18
332 76 21
333 134 17
334 53 8
335 65 24
336 82 16
337 87 20
338 94 27
339 128 46
360 23 17
361 26 7
362 61 17
363 76 41
364 41 11
365 47 8
366 24 6
367 115 30
368 63 21
369 71 27
370 41 12
371 65 35
400 95 17
401 37 24
402 47 20
403 103 29
404 107 34
405 131 31
406 105 17
407 88 19
408 77 21
440 81 20
441 71 24
460 38 19
461 42 12
462 14 2
462 75 26
464 50 35
465 23 10
466 106 57
467 22 13
468 38 31
469 42 8
560 12 3
561 16 8
NUMBER OF VOTES IN NUMBER OF VOTES
PRECINCT FAVOR OF PROPOSITION AGAINST ROPOSITION
562 18 5
600 47 15
601 22 13
602 41 25
603 23 3
660 45 24
661 30 11
662 26 6
663 12 15
664 28 29
700 29 15
701 17 2
702 39 11
703 19 10
760 2 8
761 21 7
762 7 8
800 26 6
801 34 11
860 83 24
861 30 13
Absentees 72 43
TOTALS 5,595 1,828
We therefore ascertained that the majority of qualified electors of Calcasieu Parish, Louisiana qualified to vote under the Constitution and laws of the State of Louisiana voting in said election in the District voted in favor of the Maintenance Millage Renewal Proposition.
At the same time and place, we did examine and canvass the returns as evidenced by said tabulation blanks, certificates, and statements received from the election Commissioners and Commissioners-in-Charge, the correctness of which were sworn to by the election Commissioners-in-Charge and Commissioners according to law, and our finding was that the returns indicated a majority voted in favor of said proposition.
Therefore, we declare that the result of said election is in favor of the Maintenance Millage Renewal Proposition as stated above.
In accordance with law, a resolution promulgating the aforesaid results was adopted, and the Secretary of the Board was ordered to have a copy of said resolution signed by the President and published in one issue of the Southwest Daily News, a newspaper published in Calcasieu Parish and of general circulation in said Calcasieu Parish, Louisiana.
We did, likewise, order that one copy of this proces verbal be sent to the Secretary of State to be recorded in the archives of the State of Louisiana, and that one copy be sent to the Clerk of the District Court of Calcasieu Parish to be recorded in the mortgage records of said Parish and that one copy be filed in the archives of this Board.
THUS DONE AND SIGNED in the presence of Sharon Allured and Joseph A. Delafield , competent witnesses and qualified voters of Calcasieu Parish on this 19th day of February, 2002, at a regular meeting of the Board in Lake Charles, Louisiana, by the undersigned members of said Board present and participating in the canvass of said election.
WITNESSES:
/s/ Sharon Allured
/s/ Joseph A. Delafield
/s/ John M. Falgout, President
/s/ Randall C. Armentor, V. President
/s/ Philip E. Tarver, Member
/s/ James W. Karr, Sr., Member
/s/ Wilridge P. Doucet , Member
/s/ Carla S. C. Duplechin , Member
/s/ James W. Pitre , Member
/s/ Sheral A. LaVergne , Member
/s/ Clara F. Duhon , Member
/s/ Gregory P. Robert , Member
/s/ Elray Victorian , Member
/s/ Joe Andrepont , Member
/s/ Ricky Blackwell , Member
/s/ J. L. Duhon , Member
/s/ L. J. Fontenot , Member
The following resolution was thereupon introduced, and pursuant to a motion made by Mr. Doucet and seconded by Mr. Blackwell, was adopted by the following vote:
YEAS: Mr. Andrepont, Mr. Armentor, Mr. Blackwell, Mr. Doucet, Mrs. Duhon, Mr. Duhon, Ms. Duplechin, Mr. Falgout, Mr. Fontenot, Mr. Karr, Ms. LaVergne, Mr. Pitre, Mr. Robert, Mr. Tarver, and Mr. Victorian
NAYS: None
RESOLUTION
A RESOLUTION PROMULGATING THE RESULTS OF A SPECIAL MAINTENANCE MILLAGE RENEWAL ELECTION HELD IN CALCASIEU PARISH, LOUISIANA ON JANUARY 19, 2002.
WHEREAS, on January 19, 2002, an election was held in Calcasieu Parish, Louisiana, to determine the proposition hereinafter set out;
WHEREAS, the returns of said election were canvassed by the Board according to law and notice duly given as provided by law, and the result of said election was declared to be in favor of proposition;
NOW, THEREFORE, BE IT RESOLVED by the Parish School Board of Calcasieu Parish, Louisiana, as follows:
SECTION 1. An election was held in Calcasieu Parish, Louisiana, on January 19, 2002, to determine the proposition hereinafter set out; that said election was duly and properly called by the Board by a resolution adopted on October 22, 2001, and recorded in the records of said Board, that notice of said election embracing all matters required by law to be contained therein was given by
publication in the Southwest Daily News, a newspaper published in Sulphur, Louisiana, and of general circulation in Calcasieu Parish, Louisiana, on November 23, November 30, December 7 and December 14, 2001, the first of said publications being not less than 45 days nor more than 90 days prior to the date set for said election; that this Board did in said resolution designate the polling places for said election and did provide for the use of voting machines in the conduct of said election; that election officials were duly selected; that each election official received the certificate of instruction of the use of the voting machines and his duties in connection therewith as required by law; that the State Custodian of Voting Machines and the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines of Calcasieu Parish made available on the day of the election at the polling places designated for the conduct of said election the necessary voting machines and all necessary equipment and paraphernalia required by law in connection with the use of voting machines at elections; that the Registrar of Voters and the Clerk of Court of Calcasieu Parish furnished to the election Commissioners and Commissioners-in-Charge copies of the precinct registers for each precinct or ward entitled to vote at such polling places; that the Louisiana Secretary of State prepared and certified the ballot used in the voting machines as required by law; that the proposition voted on in said election and as it appeared in said voting machine was in due form provided by law and the resolution adopted by this Board on October 22, 2001, calling said special election; that the results of said election were written on a large sheet of paper at said polling places, which sheet of paper was signed by each of the election officials designated to conduct such election at said polling places and which sheet was thereupon posted in public view at the polling places in accordance with law; that only qualified electors under the Constitution and laws of the State of Louisiana voted at said election; that the officials who served at said election were duly and properly appointed; that the places of all absent election officials were properly filled in accordance with law; that before opening the polls all election officials were properly sworn in accordance with law; that the polls at the voting places were opened at 6:00 a.m. and remained open and until not later than 8:00 p.m.; that after the closing of the polls the votes for and against the proposition were properly counted and tallied and the necessary tabulation blanks, certificates and statements were made by the election officials in accordance with law and the voting machines delivered to the Clerk of Court and Ex-Officio Custodian of Voting Machines in and for Calcasieu Parish, Louisiana, and a copy of the results of said election delivered to the Clerk of the District Court of Calcasieu Parish as required by Louisiana Revised Statutes 18:1190 E; that on January 22, 2002, that being the third day after said election the Clerk of Court and Ex-Officio Custodian of Voting Machines, after breaking the seals and opening the voting machines used in said election did transcript the totals for the proposition voted upon at said election; and that all things whatsoever required by law to be done in connection with the holding of said election were properly and duly performed in manner and form as required by Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and the general election laws of the State of Louisiana.
SECTION 2. In said election the following proposition was approved by a majority of the electors qualified to vote and voting in said election in Calcasieu Parish, Louisiana:
MAINTENANCE MILLAGE RENEWAL PROPOSITION
SUMMARY: AUTHORITY FOR CALCASIEU PARISH SCHOOL BOARD TO LEVY AND COLLECT A 10-YEAR SPECIAL TAX OF NINE AND NINETY-FIVE ONE-HUNDREDTHS (9.95) MILLS TO PROVIDE ADDITIONAL SUPPORT FOR MAINTENANCE AND OPERATION OF THE PUBLIC SCHOOLS OF CALCASIEU PARISH.
Shall the Parish School Board of the Parish of Calcasieu, State of Louisiana, under the provisions of Article 8, Section 13(C)(Third) of the Constitution of 1974 of the State of Louisiana, La. R.S. 39:701, et seq., and other constitutional and statutory authority supplemental thereto, levy and collect each year for a period of ten years beginning January 1, 2003, a special tax of Nine and Ninety-Five One-Hundredths (9.95) Mills on the dollar of all property subject to taxation in the Parish of Calcasieu, Louisiana, for the purpose of providing additional support for maintenance and operation of the public schools of Calcasieu Parish?
SECTION 3. The results of said election shall be promulgated by publication of this resolution of promulgation one time in the Southwest Daily News, a newspaper published in Sulphur, Louisiana, the official journal of the Board and of general circulation in Calcasieu Parish, Louisiana.
ADOPTED AND APPROVED this 19th day of February, 2002.
/s/ John M. Falgout
JOHN M. FALGOUT, President
Calcasieu Parish School Board
ATTEST:
/s/ Jude W. Theriot
JUDE W. THERIOT, Secretary
Calcasieu Parish School Board
* * * * * * * * * *
The President of the Board stated that one purpose of the meeting was for canvassing and tabulating the returns of an election held in Calcasieu Parish, Louisiana on January 19, 2002, on the question of renewal of the levy and collection of a tax of one-half of one percent (½ of 1%) currently being collected upon the sale at retail, the use, the lease or rental, the consumption and storage for use or consumption of tangible personal property and on sales of services in Sales Tax District No. Two of Calcasieu Parish, Louisiana, and thereupon presented the following proces verbal, which was adopted by the following vote:
YEAS: Mr. Andrepont, Mr. Armentor, Mr. Blackwell, Mr. Doucet, Mrs. Duhon, Mr. Duhon, Ms. Duplechin, Mr. Falgout, Mr. Fontenot, Mr. Karr, Ms. LaVergne, Mr. Pitre, Mr. Robert, Mr. Tarver, and Mr. Victorian
NAYS: None
PROCES VERBAL
BE IT KNOWN AND REMEMBERED that on this 19th day of February, 2002, at 5:00 o'clock p.m., in accordance with a resolution of the Calcasieu Parish School Board (the “Board”), governing authority of Sales Tax District No. Two of Calcasieu Parish, Louisiana, adopted on October 22, 2001, and recorded in the records of said Board, notice of which meeting was issued and published according to law, the undersigned members of the Board, being a quorum thereof, met at the regular meeting place of the Board, and according to law examined the tabulation blanks, certificates and statements which were received from the Commissioners and Commissioners-in-Charge of the election held in Calcasieu Parish, Louisiana on January 19, 2002, in accordance with said resolution, together with the transcription of the totals made by the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines in and for Calcasieu Parish to determine the following proposition:
SALES TAX RENEWAL PROPOSITION
10-YEAR ½% SALES AND USE TAX (“TAX”) TO OFFSET LOSSES OF REVENUES FROM THE STATE OF LOUISIANA, AND/OR SUPPLEMENTING OTHER REVENUES AVAILABLE TO THE DISTRICT.
Shall Sales Tax District No. Two of Calcasieu Parish, Louisiana, under the provisions of Article 6, Section 29 of the Constitution of 1974 of the State of Louisiana, La. R.S. 33:2721.6, and other constitutional and statutory authority supplemental thereto, extend for a period of ten years beginning January 1, 2003, and be authorized to levy and collect, and adopt an ordinance providing for such levy and collection, a tax of one-half of one percent (½ of 1%) currently being collected upon the sale at retail, the use, the lease or rental, the consumption and storage for use or consumption of tangible personal property and on sales of services in Sales Tax District No. Two of Calcasieu Parish, Louisiana, all presently or hereafter defined in La. R.S. 47:301 through La. R.S. 47:317, with the proceeds of the tax to be dedicated exclusively for offsetting losses of revenues from the State of Louisiana, and/or supplementing other revenues available to the District?
The results of said election proved to be as follows:
NUMBER OF VOTES IN NUMBER OF VOTES
PRECINCT FAVOR OF PROPOSITION AGAINST ROPOSITION
160 56 18
161 26 38
162 131 67
163 67 44
164 7 15
165 94 42
166 122 42
167 96 44
260 35 6
261 35 7
262 41 22
300 37 9
301 45 9
302 25 7
303 35 6
304 47 9
305 35 10
NUMBER OF VOTES IN NUMBER OF VOTES
PRECINCT FAVOR OF PROPOSITION AGAINST ROPOSITION
306 62 17
307 16 0
308 24 19
309 33 11
310 27 7
311 9 5
312 75 24
313 23 13
314 45 9
315 49 15
316 43 12
317 44 10
318 24 14
319 20 7
320 51 17
321 54 7
322 31 8
323 26 14
324 59 11
325 67 19
326 90 21
327 30 7
328 60 18
329 52 0
330 23 11
331 59 19
332 75 22
333 131 18
334 53 7
335 63 27
336 82 16
337 82 25
338 94 27
339 123 48
360 21 19
361 22 10
362 59 18
363 72 46
364 38 14
365 45 11
366 23 7
367 108 39
368 63 21
369 67 29
370 40 14
371 64 34
400 91 20
401 37 23
402 45 21
403 96 33
404 99 41
405 123 40
406 104 17
407 88 19
NUMBER OF VOTES IN NUMBER OF VOTES
PRECINCT FAVOR OF PROPOSITION AGAINST ROPOSITION
408 77 21
440 80 22
441 73 22
460 37 20
461 41 12
462 12 3
462 73 27
464 46 37
465 25 8
466 101 61
467 22 13
468 38 30
469 41 10
560 12 3
561 16 8
562 16 6
600 45 16
601 22 13
602 40 25
603 17 4
660 48 21
661 30 11
662 25 7
663 11 15
664 27 30
700 28 17
701 15 3
702 36 14
703 17 12
760 2 8
761 20 8
762 8 7
800 25 8
801 32 13
860 80 26
861 30 13
Absentees 73 44
TOTALS 5,379 1,994
We therefore ascertained that the majority of qualified electors of Sales Tax District No. Two of Calcasieu Parish, Louisiana qualified to vote under the Constitution and laws of the State of Louisiana voting in said election in the District voted in favor of the Sales Tax Renewal Proposition.
At the same time and place, we did examine and canvass the returns as evidenced by said tabulation blanks, certificates, and statements received from the election Commissioners and Commissioners-in-Charge, the correctness of which were sworn to by the election Commissioners-in-Charge and Commissioners according to law, and our finding was that the returns indicated a majority voted in favor of said proposition.
Therefore, we declare that the result of said election is in favor of the Sales Tax Renewal Proposition as stated above.
In accordance with law, a resolution promulgating the aforesaid results was adopted, and the Secretary of the Board was ordered to have a copy of said resolution signed by the President and published in one issue of the Southwest Daily News, a newspaper published in Calcasieu Parish and of general circulation in said Calcasieu Parish, Louisiana.
We did, likewise, order that one copy of this proces verbal be sent to the Secretary of State to be recorded in the archives of the State of Louisiana, and that one copy be sent to the Clerk of the District Court of Calcasieu Parish to be recorded in the mortgage records of said Parish and that one copy be filed in the archives of this Board.
THUS DONE AND SIGNED in the presence of Sharon Allured and Joseph A. Delafield , competent witnesses and qualified voters of Calcasieu Parish on this 19th day of February, 2002, at a regular meeting of the Board in Lake Charles, Louisiana, by the undersigned members of said Board present and participating in the canvass of said election.
WITNESSES:
/s/ Sharon Allured___________
/s/ Joseph A. Delafield
/s/ John M. Falgout , President
/s/ Randall C. Armentor, V. President
/s/ Philip E. Tarver , Member
/s/ James W. Karr, r.Member
/s/ Wilridge P. Doucet , Member
/s/ Carla S. C. Duplechin , Member
/s/ James W. Pitre , Member
/s/ Sheral A. LaVergne , Member
/s/ Clara F. Duhon , Member
/s/ Gregory P. Robert , Member
/s/ Elray Victorian , Member
/s/ Joe Andrepont , Member
/s/ Ricky Blackwell , Member
/s/ J. L. Duhon , Member
/s/ L. J. Fontenot , Member
The following resolution was thereupon introduced, and pursuant to a motion made by Mr. Doucet and seconded by Mr. Fontenot, was adopted by the following vote:
YEAS: Mr. Andrepont, Mr. Armentor, Mr. Blackwell, Mr. Doucet, Mrs. Duhon, Mr. Duhon, Ms. Duplechin, Mr. Falgout, Mr. Fontenot, Mr. Karr, Ms. LaVergne, Mr. Pitre, Mr. Robert, Mr. Tarver, and Mr. Victorian
NAYS: None
RESOLUTION
A RESOLUTION PROMULGATING THE RESULTS OF A SPECIAL SALES TAX RENEWAL ELECTION HELD IN SALES TAX DISTRICT NO. TWO OF CALCASIEU PARISH, LOUISIANA ON JANUARY 19, 2002.
WHEREAS, on January 19, 2002, an election was held in Sales Tax District No. Two of Calcasieu Parish, Louisiana, to determine the proposition hereinafter set out;
WHEREAS, the returns of said election were canvassed by the Board according to law and notice duly given as provided by law, and the result of said election was declared to be in favor of the proposition;
NOW, THEREFORE, BE IT RESOLVED by the Parish School Board, governing authority of Sales Tax District No. Two of Calcasieu Parish, Louisiana, as follows:
SECTION 1. An election was held in Sales Tax District No. Two of Calcasieu Parish, Louisiana, on January 19, 2002, to determine the proposition hereinafter set out; that said election was duly and properly called by the Board by a resolution adopted on October 22, 2001, and recorded in the records of said Board, that notice of said election embracing all matters required by law to be contained therein was given by publication in the Southwest Daily News, a newspaper published in Sulphur, Louisiana, and of general circulation in Calcasieu Parish, Louisiana, on November 23, November 30, December 7 and December 14, 2001, the first of said publications being not less than 45 days nor more than 90 days prior to the date set for said election; that this Board did in said resolution designate the polling places for said election and did provide for the use of voting machines in the conduct of said election; that election officials were duly selected; that each election official received the certificate of instruction of the use of the voting machines and his duties in connection therewith as required by law; that the State Custodian of Voting Machines and the Clerk of Court and Ex-Officio Parish Custodian of Voting Machines of Calcasieu Parish made available on the day of the election at the polling places designated for the conduct of said election the necessary voting machines and all necessary equipment and paraphernalia required by law in connection with the use of voting machines at elections; that the Registrar of Voters and the Clerk of Court of Calcasieu Parish furnished to the election Commissioners and Commissioners-in-Charge copies of the precinct registers for each precinct or ward entitled to vote at such polling places; that the Louisiana Secretary of State prepared and certified the ballot used in the voting machines as required by law; that the proposition voted on in said election and as it appeared in said voting machine was in due form provided by law and the resolution adopted by this Board on October 22, 2001, calling said special election; that the results of said election were written on a large sheet of paper at said polling places, which sheet of paper was signed by each of the election officials designated to conduct such election at said polling places and which sheet was thereupon posted in public view at the polling places in accordance with law; that only qualified electors under the Constitution and laws of the State of Louisiana voted at said election; that the officials who served at said election were duly and properly appointed; that the places of all absent election officials were properly filled in accordance with law; that before opening the polls all election officials were properly sworn in accordance with law; that the polls at the voting places were opened at 6:00 a.m. and remained open and until not later than 8:00 p.m.; that after the closing of the polls the votes for and against the proposition were properly counted and tallied and the necessary tabulation blanks, certificates and statements were made by the election officials in accordance with law and the voting machines delivered to the Clerk of Court and Ex-Officio Custodian of Voting Machines in and for Sales Tax District No. Two of Calcasieu Parish, Louisiana, and a copy of the results of said election delivered to the Clerk of the District Court of Calcasieu Parish as required by Louisiana Revised Statutes 18:1190 E; that on January 22, 2002, that being the third day after said election the Clerk of Court and Ex-Officio Custodian of Voting Machines, after breaking the seals and opening the voting machines used in said election did transcript the totals for the proposition voted upon at said election; and that all things whatsoever required by law to be done in connection with the holding of said election were properly and duly performed in manner and form as required by Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and the general election laws of the State of Louisiana.
SECTION 2. In said election the following proposition was approved by a majority of the electors qualified to vote and voting in said election in Sales Tax District No. Two of Calcasieu Parish, Louisiana:
SALES TAX RENEWAL PROPOSITION
10-YEAR ½% SALES AND USE TAX (“TAX”) TO OFFSET LOSSES OF REVENUES FROM THE STATE OF LOUISIANA, AND/OR SUPPLEMENTING OTHER REVENUES AVAILABLE TO THE DISTRICT.
Shall Sales Tax District No. Two of Calcasieu Parish, Louisiana, under the provisions of Article 6, Section 29 of the Constitution of 1974 of the State of Louisiana, La. R.S. 33:2721.6, and other constitutional and statutory authority supplemental thereto, extend for a period of ten years beginning January 1, 2003, and be authorized to levy and collect, and adopt an ordinance providing for such levy and collection, a tax of one-half of one percent (½ of 1%) currently being collected upon the sale at retail, the use, the lease or rental, the consumption and storage for use or consumption of tangible personal property and on sales of services in Sales Tax District No. Two of Calcasieu Parish, Louisiana, all presently or hereafter defined in La. R.S. 47:301 through La. R.S. 47:317, with the proceeds of the tax to be dedicated exclusively for offsetting losses of revenues from the State of Louisiana, and/or supplementing other revenues available to the District?
SECTION 3. The results of said election shall be promulgated by publication of this resolution of promulgation one time in the Southwest Daily News, a newspaper published in Sulphur, Louisiana, the official journal of the Board and of general circulation in Sales Tax District No. Two of Calcasieu Parish, Louisiana.
ADOPTED AND APPROVED this 19th day of February, 2002.
/s/ John M. Falgout
JOHN M. FALGOUT, President
Calcasieu Parish School Board
ATTEST:
/s/ Jude W. Theriot
JUDE W. THERIOT, Secretary
Calcasieu Parish School Board
* * * * * * * * * *
Thereupon, on motion made by Mr. Victorian and seconded by Mr. Andrepont, the following resolution was adopted, the vote thereon being as follows:
YEAS: Mr. Andrepont, Mr. Armentor, Mr. Blackwell, Mr. Doucet, Mrs. Duhon, Mr. Duhon, Ms. Duplechin, Mr. Falgout, Mr. Fontenot, Mr. Karr, Ms. LaVergne, Mr. Pitre, Mr. Robert, Mr. Tarver and Mr. Victorian
NAYS: None
RESOLUTION
A RESOLUTION ORDERING AND CALLING A SPECIAL ELECTION TO BE HELD IN SCHOOL DISTRICT NO. 33 OF CALCASIEU PARISH, LOUISIANA, ON MAY 4, 2002, AUTHORIZING THE INCURRING OF DEBT AND ISSUANCE OF BONDS OF SAID DISTRICT; AND MAKING APPLICATION TO THE STATE BOND COMMISSION AND UNITED STATES ATTORNEY GENERAL IN CONNECTION THEREWITH.
WHEREAS, it is deemed necessary and desirable by the Calcasieu Parish School Board, governing authority of School District No. 33 of Calcasieu Parish, Louisiana, (the “School District”), that bonds of the District be issued in the sum of not to exceed TWENTY-NINE MILLION SIX HUNDRED THOUSAND AND NO/100 ($29,600,000) DOLLARS, for the purpose of acquiring and/or improving land 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; and
WHEREAS, authority for the issuance of the bonds of the said School District for such purpose is granted by Article 6, Section 33 and Article 7, Section 26(E) of the Constitution of 1974 of the State of Louisiana, by those portions of Part II 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 other constitutional and statutory authority supplemental thereto, provided issuance of such bonds is first authorized by a majority of the qualified electors of the district voting on the proposition at an election to be held for such purpose; and
WHEREAS, the Calcasieu Parish School Board desires to provide for the holding of an election at which the proposition of issuing such bonds may be submitted; and
NOW, THEREFORE, BE IT RESOLVED by the Calcasieu Parish School Board, acting as the governing authority of School District No. 33 of Calcasieu Parish, Louisiana:
SECTION 1. Subject to the approval of the State Bond Commission, and under the authority conferred by Article 6, Section 33 and Article 7, Section 26(E) of the Constitution of 1974 of the State of Louisiana, those portions of Part II 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 other constitutional and statutory authority supplemental thereto, a special election be and is hereby called and ordered to be held in School District No. 33 of Calcasieu Parish, Louisiana, on Saturday, the 4th day of May, 2002, between the hours of six (6:00) o'clock a.m. and eight (8:00) o'clock p.m., in compliance with the provisions of Section 1181 of Title 18 and of Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and that at said special election there be submitted to all the qualified electors of School District No. 33 entitled and qualified to vote at said election under the Constitution and laws of the United States, the following proposition:
BOND PROPOSITION
SUMMARY: AUTHORITY FOR SCHOOL DISTRICT NO. 33 OF CALCASIEU PARISH, LOUISIANA, TO ISSUE NOT EXCEEDING $29,600,000 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. 33 of Calcasieu Parish, Louisiana, incur debt and issue bonds in an amount not exceeding $29,600,000 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. 33 of Calcasieu Parish, Louisiana, sufficient in rate and amount to pay said bonds in principal and interest?
SECTION 2. The polling places set forth in the Notice of Special Election in Section 4 hereof, be and the same are hereby designated as the polling places at which to hold such election.
SECTION 3. Officers designated or such substitutes as may be selected, designated and sworn in compliance with Sections 1286 through 1289 of Title 18 of the Louisiana Revised Statutes of 1950, as amended, shall hold the said election substantially in accordance with the general election laws of the State of Louisiana, except that the election is called and shall be conducted, canvassed, and promulgated, and notice thereof given in accordance with the procedures set forth in Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950, as amended. Said election officers shall make due returns of said election at a regular meeting of the Calcasieu Parish School Board, to be held at its regular meeting place, the School Board Office, Lake Charles, Louisiana, on Tuesday, the 14th day of May, 2002, at 5:00 o'clock p.m., at which time said School Board will, then and there, in open and public session, examine and canvass the returns and declare the result of said special election. The compensation of election officials be and the same is hereby fixed at the sum as specified in Sections 424 and 425 of Title 18 of the Louisiana Revised Statutes of 1950, as amended. Assessed valuations shall not be voted in this election, and all qualified electors of said School District No. 33 of Calcasieu Parish, Louisiana, are entitled to vote therein. Voting machines shall be used in this election, and voters shall not be required to sign a ballot or vote assessed valuation of property. The permanent registration law of the State of Louisiana being in force in Calcasieu Parish, said election shall be conducted in accordance with applicable provisions thereof.
SECTION 4. The Secretary of the Calcasieu Parish School Board is hereby empowered, authorized and directed to publish, entirely separate and apart from any publication which may be made of this resolution, once a week for four consecutive weeks, with the first publication not less than forty-five days nor more than ninety days before the date of the election, in the Southwest Daily News, a newspaper published in Sulphur, Louisiana, and having general circulation in Calcasieu Parish and in School District No. 33 of Calcasieu Parish, Louisiana, a Notice of Election, substantially in the following form:
NOTICE TO VOTERS OF
SPECIAL BOND ELECTION
To the qualified electors of School District No. 33 of Calcasieu Parish, Louisiana:
YOU ARE HEREBY NOTIFIED that on the 19th day of February, 2002, the Calcasieu Parish School Board, acting as the governing authority of School District No. 33 of Calcasieu Parish, Louisiana, ordered that a special election be held in School District No. 33 on Saturday, the 4th day of May, 2002, for the purpose of submitting to all qualified electors of said School District No. 33, the following proposition:
BOND PROPOSITION
SUMMARY: AUTHORITY FOR SCHOOL DISTRICT NO. 33 OF CALCASIEU PARISH, LOUISIANA, TO ISSUE NOT EXCEEDING $29,600,000 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. 33 of Calcasieu Parish, Louisiana, incur debt and issue bonds in an amount not exceeding $29,600,000 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. 33 of Calcasieu Parish, Louisiana, sufficient in rate and amount to pay said bonds in principal and interest?
Said election will be held at all polling places which are situated within the boundaries of School District No. 33 of Calcasieu Parish, Louisiana. All registered voters in each of the following precincts shall be eligible to vote on the proposition:
PRECINCT POLLING PLACE
318 T. S. Cooley Elementary School 2811 Common Street, Lake Charles
319 St. Margaret School, 2510 Enterprise Boulevard, Lake Charles
320 Oak Park Elementary School, 2001 18th Street, Lake Charles
321 T. H. Watkins Elementary School, 2501 7th Avenue, Lake Charles
322 Oak Park Middle School, 2200 Oak Park Boulevard, Lake Charles
323 T. H. Watking Elementary School, 2501 7th Avenue, Lake Charles
324 Fairview Elementary School, 2955 Highway 14, Lake Charles
327 Henry Heights Elementary School, 3600 Louisiana Avenue, Lake Charles
328 Brentwood Elementary School, 3825 Brentwood Ave., Lake Charles
329 Brentwood Elementary School, 3825 Brentwood Ave., Lake Charles
330 Fairview Elementary School, 3955 Highway 14, Lake Charles
332N Frazar Memorial Library, McNeese State University Campus, Beauregard Street, Lake Charles
332S Frazar Memorial Library, McNeese State University Campus, Beauregard Street, Lake Charles
364 Fairview Elementary School, 3955 Highway 14, Lake Charles
370 Calcasieu Parish Agricultural Services Center, 7101 Gulf Highway, Lake Charles
371N Calcasieu Parish Agricultural Services Center, 7101 Gulf Highway, Lake Charles
ONLY THOSE REGISTERED VOTERS IN EACH OF THE FOLLOWING PRECINCTS WHO RESIDE WITHIN THE BOUNDARIES OF SCHOOL DISTRICT NO. 33 OF CALCASIEU PARISH, LOUISIANA, SHALL BE ELIGIBLE TO VOTE ON THE PROPOSITION:
PRECINCT POLLING PLACE
313 (Part) John F. Kennedy Elementary School, 2001 Russell Street, Lake Charles
313W (Part) John F. Kennedy Elementary School, 2001 Russell Street, Lake Charles
338 (Part) Forrest K. White Middle School, 1000 E. McNeese Street, Lake Charles
339 (Part) Dolby Elementary School, 817 Jefferson Drive, Lake Charles
369 (Part) M. J. Kaufman Elementary School, 301 Tekel Road, Lake Charles
371S (Part) Calcasieu Parish Agricultural Services Center, 7101 Guld Highway, Lake Charles
The polls will be open at six (6:00) o'clock a.m. and shall remain open until not later than eight (8:00) o'clock p.m. The said special election will be held substantially in accordance with the general election laws of the State of Louisiana, except that the election is called and shall be conducted, canvassed, and promulgated, and notice thereof given in accordance with the procedures set forth in Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950, as amended. The officials appointed to hold the election or such substitutes therefor as may be selected, designated and sworn in compliance with Sections 1286 through 1289 of Title 18 of the Louisiana Revised Statutes of 1950, as amended, will make due returns thereof to the Calcasieu Parish School Board, acting as the governing authority of School District No. 33 of Calcasieu Parish, Louisiana. Voting machines will be used in the conduct of the election. All qualified electors of School District No. 33 of Calcasieu Parish, Louisiana, will be entitled to vote. No voter shall be required to sign a ballot or vote assessed valuation of property.
Notice is hereby given that on Tuesday, the 14th day of May, 2002, at 5:00 o'clock p.m., the Calcasieu Parish School Board will meet in open and public session at the regular meeting place of the Calcasieu Parish School Board, 1732 Kirkman Street, Lake Charles, Louisiana, and will, then and there, examine and canvass the returns and declare the result of said election.
THUS DONE AND SIGNED in Lake Charles, Louisiana, by authority of a Resolution adopted by the Calcasieu Parish School Board, acting as the governing authority of School District No. 33 of Calcasieu Parish, Louisiana, on the 19th day of February, 2002.
/s/ John M. Falgout
JOHN M. FALGOUT, President
Calcasieu Parish School Board
ATTEST
/s/ Jude W. Theriot
JUDE W. THERIOT
Superintendent of Schools
and Ex-Officio Secretary
Calcasieu Parish School Board
SECTION 5. The Secretary of the Calcasieu Parish School Board be and he is hereby empowered, authorized and directed to arrange for furnishing said election officers, in ample time for holding of said election the necessary equipment, forms and other election paraphernalia essential to the proper holding of said election.
SECTION 6. Application is hereby formally made to the State Bond Commission, Baton Rouge, Louisiana, in compliance with the requirements of Chapter 2, Title 47 of the Louisiana Revised Statutes of 1950, as amended, and in compliance with Article 6, Sections 29, 30 and 32 of the Constitution of 1974 of the State of Louisiana, and other Constitutional and statutory authority supplemental thereto, for consent, approval and authority to hold the aforesaid election in School District No. 33 of Calcasieu Parish, Louisiana, under the provisions of Article 6, Section 22 and Article 7, Section 26(E) of the Constitution of 1974 of the State of Louisiana, those portions of Part II not repealed by the 1977 Legislature and Sub-Part A of Part III of Chapter 4 of Sub-Title II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other Constitutional and statutory authority supplemental thereto, and in the event such election carries, for its consent and authority to levy and collect the ad valorem taxes therein provided, and to issue bonds to be retired with, paid from and secured by said ad valorem taxes on all taxable property within the limits of School District No. 33 of Calcasieu Parish, Louisiana, sufficient in rate and amount to pay said bonds in principal and interest as they respectively mature. The Secretary is empowered, authorized and requested to forward to the State Bond Commission a certified copy of this resolution which shall constitute a formal application to said Commission as herein provided.
SECTION 7. A certified copy of this resolution, together with other showings required by Section 5 of the Voting Rights Act of 1965 and Regulations pertaining thereto (28 C.F.R. Part 51) shall be submitted to the United States Attorney General, for approval in compliance with the said Voting Rights Act, should such a submission be required.
SECTION 8. Certified copies of this Resolution shall be forwarded to the Secretary of State, the Commissioner of Elections, the Clerk of Court and Ex-Officio Custodian of Voting Machines in and for the Parish of Calcasieu, and the Registrar of Voters, as notification of the special election herein called in order that each may prepare for said election and perform their respective functions as authorized and required by law.
SECTION 9. 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 District, and it appearing that the public interest requires obtaining of such specialized legal services, Joseph A. Delafield, Attorney at Law, 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 10. All resolutions, ordinances, or orders in conflict herewith, be, to the extent of such conflict, and they are hereby repealed.
Adopted and approved on this 19th day of February, 2002.
/s/ John M. Falgout
JOHN M. FALGOUT, President
Calcasieu Parish School Board
ATTEST:
/s/ Jude W. Theriot
JUDE W. THERIOT, Secretary
Calcasieu Parish School Board
* * * * * * * * * *
Thereupon, on motion made by Mr. Victorian and seconded by Mr. Fontenot, the following resolution was adopted, the vote thereon being as follows:
YEAS: Mr. Andrepont, Mr. Armentor, Mr. Blackwell, Mr. Doucet, Mrs. Duhon, Mr. Duhon, Ms. Duplechin, Mr. Falgout, Mr. Fontenot, Mr. Karr, Ms. LaVergne, Mr. Pitre, Mr. Robert, Mr. Tarver and Mr. Victorian
NAYS: None
RESOLUTION
A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE DESCRIBING THE GEOGRAPHIC LIMITS OF SCHOOL DISTRICT No. 33 OF CALCASIEU PARISH, LOUISIANA
BE IT RESOLVED by the Calcasieu Parish School Board, acting as the governing authority of School District No. 33 of Calcasieu Parish, Louisiana, as follows:
SECTION 1. That the resolution adopted September 14, 1999, creating School District No. 33 of Calcasieu Parish, Louisiana, be and same is hereby ratified, approved and confirmed.
SECTION 2. That the President and Secretary of this Board are empowered, authorized and requested to cause to be published a public notice describing the geographic limits of School District No. 33 of Calcasieu Parish, Louisiana, said publication to be made in the Southwest Daily News, in the same edition as the Notice to Voters is published, pertaining to the special bond election authorized for School District No. 33 of Calcasieu Parish, Louisiana, by resolution adopted this date.
Adopted and approved this 19th day of February, 2002.
/s/ John M. Falgout
JOHN M. FALGOUT, President
Calcasieu Parish School Board
ATTEST:
/s/ Jude W. Theriot
JUDE W. THERIOT, Secretary
Calcasieu Parish School Board
GEOGRAPHIC BOUNDARIES OF
SCHOOL DISTRICT NO. 33
OF CALCASIEU PARISH, LOUISIANA
Beginning at the Northeast corner of Section 12, Township 10 South, Range 8 West; thence West along the North line of Sections 12, 11, 10, 9, 8 and 7 of Township 10 South, Range 8 West, to the center line of Louisiana Highway 384 (Ryan Street);
Thence South along the center line of Louisiana Highway 384 (Ryan Street) through Sections 7, 18 and 19, Township 10 South, Range 8 West, to the Southwest corner of the Southeast Quarter of the Northeast Quarter of Section 19, Township 10 South, Range 8 West, said point being the center line of the intersection of Ryan and McNeese Streets;
Thence East along the center line of McNeese Street to the intersection of McNeese Street and Common Street, said point being on the East line of Section 19, Township 10 South, Range 8 West;
Thence South along the East line of Sections 19 and 30, Township 10 South, Range 8 West, to the center line of Leger Road;
Thence West along the center line of Leger Road to the corporate limits of the City of Lake Charles, said point being on the North/South center line of said Section 30, Township 10 South, Range 8 West;
Thence South along the North/South center line of Sections 30 and 31, Township 10 South, Range 8 West, to the Southeast corner of the Southwest Quarter of said Section 31, Township 10 South, Range 8 West;
Thence West along the South line of Section 31, Township 10 South, Range 8 West to the center line of Lake Street, said point being the Southwest corner of said Section 31;
Thence South along the West line of Sections 6, 7, 18, 19, 30 and 31 of Township 11 South, Range 8 West, to the Southwest Corner of said Section 31, Township 11 South, Range 8 West;
Thence East along the South line of Sections 31, 32, 33, 34, 35 and 36 of Township 11 South, Range 8 West, to the Southeast corner of said Section 36, Township 11 South, Range 8 West;
Thence North along the East line of Sections 36, 25, 24, 13, 12 and 1, Township 11 South, Range 8 West, and Sections 36, 25, 24, 13 and 12, Township 10 South, Range 8 West, to the Northeast Corner of said Section 12, Township 10 South, Range 8 West, the point of beginning.
/s/ John M. Falgout
JOHN M. FALGOUT, President
Calcasieu Parish School Board
ATTEST:
/s/ Jude W. Theriot
JUDE W. THERIOT, Secretary
Calcasieu Parish School Board
* * * * * * * * * *
Thereupon, on motion made by Mr. Armentor and seconded by Fontenot, the following resolution was adopted, the vote thereon being as follows:
YEAS: Mr. Andrepont, Mr. Armentor, Mr. Blackwell, Mr. Doucet, Mrs. Duhon, Mr. Duhon, Ms. Duplechin, Mr. Falgout, Mr. Fontenot, Mr. Karr, Ms. LaVergne, Mr. Pitre, Mr. Robert, Mr. Tarver and Mr. Victorian
NAYS: None
RESOLUTION
A RESOLUTION ORDERING AND CALLING A SPECIAL ELECTION TO BE HELD IN SCHOOL DISTRICT NO. 28 OF CALCASIEU PARISH, LOUISIANA, ON MAY 4, 2002, AND MAKING APPLICATION TO THE STATE BOND COMMISSION AND UNITED STATES ATTORNEY GENERAL IN CONNECTION THEREWITH.
WHEREAS, it is deems it necessary and desirable that the electorate of the District consider, at an election called for such purpose, a proposition authorizing the imposition of a special ad valorem tax of ten (10) mills for a period of ten (10) years from the first levy of said tax, upon all taxable property within the District for the purpose of acquiring, maintaining and/or improving land 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; and
WHEREAS, authority for the imposition of the special ad valorem tax within the District for such purpose is granted by Article 6, Section 32 of the Constitution of 1974 of the State of Louisiana, and by Part IV of Chapter 4 of Subtitle II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, provided the levy of such tax is first authorized by a majority of the qualified electors of the District voting on the proposition at an election held for such purpose; and
WHEREAS, the Calcasieu Parish School Board desires to provide for the holding of an election at which the proposition of imposition of the special ad valorem tax may be submitted; and
NOW, THEREFORE, BE IT RESOLVED by the Calcasieu Parish School Board, acting as the governing authority of School District No. 28 of Calcasieu Parish, Louisiana:
SECTION 1. Subject to the approval of the State Bond Commission, and under the authority conferred by Article 6, Section 32 of the Constitution of 1974 of the State of Louisiana, and Part IV of Chapter 4 of Sub-Title II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority supplemental thereto, a special election be and is hereby called and ordered to be held in School District No. 28 of Calcasieu Parish, Louisiana, on Saturday, the 4th day of May, 2002, between the hours of six (6:00) o'clock a.m. and eight (8:00) o'clock p.m., in compliance with the provisions of Section 1181 of Title 18 and of Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and that at said special election there be submitted to all the qualified electors of School District No. 28 entitled and qualified to vote at said election under the Constitution and laws of the United States, the following proposition:
TAX PROPOSITION
SUMMARY: AUTHORITY FOR SCHOOL DISTRICT NO. 28 OF CALCASIEU PARISH, LOUISIANA, TO LEVY AND COLLECT A 10-YEAR SPECIAL TAX OF TEN (10) MILLS IN ADDITION TO OTHER TAXES LEVIED BY THE DISTRICT, FOR ACQUIRING, MAINTAINING AND/OR IMPROVING SCHOOL BUILDINGS AND OTHER SCHOOL RELATED FACILITIES WITHIN THE DISTRICT.
Shall School District No. 28 of Calcasieu Parish, Louisiana, levy and collect a special tax of ten (10) mills for a period of ten (10) years from the first levy of the tax, in excess of and in addition to other taxes levied by the District; for the purpose of acquiring, maintaining 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?
SECTION 2. The polling places set forth in the Notice of Special Election in Section 4 hereof, be and the same are hereby designated as the polling places at which to hold such election.
SECTION 3. Officers designated or such substitutes as may be selected, designated and sworn in compliance with Sections 1286 through 1289 of Title 18 of the Louisiana Revised Statutes of 1950, as amended, shall hold the said election substantially in accordance with the general election laws of the State of Louisiana, except that the election is called and shall be conducted, canvassed, and promulgated, and notice thereof given in accordance with the procedures set forth in Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950, as amended. Said election officers shall make due returns of said election at a regular meeting of the Calcasieu Parish School Board, to be held at its regular meeting place, the School Board Office, Lake Charles, Louisiana, on Tuesday, the 14th day of May, 2002, at 5:00 o'clock p.m., at which time said School Board will, then and there, in open and public session, examine and canvass the returns and declare the result of said special election. The compensation of election officials be and the same is hereby fixed at the sum as specified in Sections 424 and 425 of Title 18 of the Louisiana Revised Statutes of 1950, as amended. Assessed valuations shall not be voted in this election, and all qualified electors of said School District No. 28 of Calcasieu Parish, Louisiana, are entitled to vote therein. Voting machines shall be used in this election, and voters shall not be required to sign a ballot or vote assessed valuation of property. The permanent registration law of the State of Louisiana being in force in Calcasieu Parish, said election shall be conducted in accordance with applicable provisions thereof.
SECTION 4. The Secretary of the Calcasieu Parish School Board is hereby empowered, authorized and directed to publish, entirely separate and apart from any publication which may be made of this resolution, once a week for four consecutive weeks, with the first publication not less than forty-five days nor more than ninety days before the date of the election, in the Southwest Daily News, a newspaper published in Sulphur, Louisiana, and having general circulation in Calcasieu Parish and in School District No. 28 of Calcasieu Parish, Louisiana, a Notice of Election, substantially in the following form:
NOTICE TO VOTERS OF
SPECIAL TAX ELECTION
To the qualified electors of School District No. 28 of Calcasieu Parish, Louisiana:
YOU ARE HEREBY NOTIFIED that on the 19th day of February, 2002, the Calcasieu Parish School Board, acting as the governing authority of School District No. 28 of Calcasieu Parish, Louisiana, ordered that a special election be held in School District No. 28 on Saturday, the 4th day of May, 2002, for the purpose of submitting to all qualified electors of said School District No. 28, the following proposition:
TAX PROPOSITION
SUMMARY: AUTHORITY FOR SCHOOL DISTRICT NO. 28 OF CALCASIEU PARISH, LOUISIANA, TO LEVY AND COLLECT A 10-YEAR SPECIAL TAX OF TEN (10) MILLS IN ADDITION TO OTHER TAXES LEVIED BY THE DISTRICT, FOR ACQUIRING, MAINTAINING AND/OR IMPROVING SCHOOL BUILDINGS AND OTHER SCHOOL RELATED FACILITIES WITHIN THE DISTRICT.
Shall School District No. 28 of Calcasieu Parish, Louisiana, levy and collect a special tax of ten (10) mills for a period of ten (10) years from the first levy of the tax, in excess of and in addition to other taxes levied by the District; for the purpose of acquiring, maintaining 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?
Said election will be held at all polling places which are situated within the boundaries of School District No. 28 of Calcasieu Parish, Louisiana. All registered voters in each of the following precincts shall be eligible to vote on the proposition:
PRECINCT POLLING PLACE
262 Hayes Fire Station, 8141 Galley Road, Hayes
ONLY THOSE REGISTERED VOTERS IN EACH OF THE FOLLOWING PRECINCTS WHO RESIDE WITHIN THE BOUNDARIES OF SCHOOL DISTRICT No. 28 OF CALCASIEU PARISH, LOUISIANA, SHALL BE ELIGIBLE TO VOTE ON THE PROPOSITION:
PRECINCT POLLING PLACE
260 (Part) Holmwood Fire Station, 5599 Highway 14 East, Holmwood
261 (Part) Bell City Library, 7085 Highway 14 East, Bell City
The polls will be open at six (6:00) o'clock a.m. and shall remain open until not later than eight (8:00) o'clock p.m. The said special election will be held substantially in accordance with the general election laws of the State of Louisiana, except that the election is called and shall be conducted, canvassed, and promulgated, and notice thereof given in accordance with the procedures set forth in Chapter 6-A of Title 18 of the Louisiana Revised Statutes of 1950, as amended. The officials appointed to hold the election or such substitutes therefor as may be selected, designated and sworn in compliance with Sections 1286 through 1289 of Title 18 of the Louisiana Revised Statutes of 1950, as amended, will make due returns thereof to the Calcasieu Parish School Board, acting as the governing authority of School District No. 28 of Calcasieu Parish, Louisiana. Voting machines will be used in the conduct of the election. All qualified electors of School District No. 28 of Calcasieu Parish, Louisiana, will be entitled to vote. No voter shall be required to sign a ballot or vote assessed valuation of property.
Notice is hereby given that on Tuesday, the 14th day of May, 2002, at 5:00 o'clock p.m., the Calcasieu Parish School Board will meet in open and public session at the regular meeting place of the Calcasieu Parish School Board, 1732 Kirkman Street, Lake Charles, Louisiana, and will, then and there, examine and canvass the returns and declare the result of said election.
THUS DONE AND SIGNED in Lake Charles, Louisiana, by authority of a Resolution adopted by the Calcasieu Parish School Board, acting as the governing authority of School District No. 28 of Calcasieu Parish, Louisiana, on the 19th day of February, 2002.
/s/ John M. Falgout JOHN M. FALGOUT, President
Calcasieu Parish School Board
ATTEST
/s/ Jude W. Theriot
JUDE W. THERIOT
Superintendent of Schools
and Ex-Officio Secretary
Calcasieu Parish School Board
SECTION 5. The Secretary of the Calcasieu Parish School Board be and he is hereby empowered, authorized and directed to arrange for furnishing said election officers, in ample time for holding of said election the necessary equipment, forms and other election paraphernalia essential to the proper holding of said election.
SECTION 6. Application is hereby formally made to the State Bond Commission, Baton Rouge, Louisiana, in compliance with the requirements of Chapter 2, Title 47 of the Louisiana Revised Statutes of 1950, as amended, and in compliance with Article 6, Section 32 of the Constitution of 1974 of the State of Louisiana, and other Constitutional and statutory authority supplemental thereto, for consent, approval and authority to hold the aforesaid election in School District No. 28 of Calcasieu Parish, Louisiana, under the provisions of Article 6, Section 32 of the Constitution of 1974 of the State of Louisiana, and Part IV of Chapter 4 of Sub-Title II of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other Constitutional and statutory authority supplemental thereto, and in the event such election carries, for its consent and authority to levy and collect the ad valorem taxes therein provided on all taxable property within the limits of School District No. 28 of Calcasieu Parish, Louisiana. The Secretary is empowered, authorized and requested to forward to the State Bond Commission a certified copy of this resolution which shall constitute a formal application to said Commission as herein provided.
SECTION 7. A certified copy of this resolution, together with other showings required by Section 5 of the Voting Rights Act of 1965 and Regulations pertaining thereto (28 C.F.R. Part 51) shall be submitted to the United States Attorney General, for approval in compliance with the said Voting Rights Act, should such a submission be required.
SECTION 8. Certified copies of this Resolution shall be forwarded to the Secretary of State, the Commissioner of Elections, the Clerk of Court and Ex-Officio Custodian of Voting Machines in and for the Parish of Calcasieu, and the Registrar of Voters, as notification of the special election herein called in order that each may prepare for said election and perform their respective functions as authorized and required by law.
SECTION 9. There being a real public necessity for the retention and employment of legal counsel to provide specialized legal services in connection with the election by the District, and it appearing that the public interest requires obtaining of such specialized legal services, Joseph A. Delafield, Attorney at Law, of Lake Charles, Louisiana (“Bond Counsel”), is hereby employed for such purposes. Bond Counsel shall charge no fee but shall be reimbursed all reasonable expenses incurred in connection with the work to be performed by Bond Counsel.
SECTION 10. All resolutions, ordinances, or orders in conflict herewith, be, to the extent of such conflict, and they are hereby repealed.
Adopted and approved on this 19th day of February, 2002.
/s/ John M. Falgout
JOHN M. FALGOUT, President Calcasieu Parish School Board
ATTEST:
/s/ Jude W. Theriot
JUDE W. THERIOT, Secretary
Calcasieu Parish School Board
* * * * * * * * * *
Thereupon, on motion made by Mr. Armentor and seconded by Mr. Doucet, the following resolution was adopted, the vote thereon being as follows:
YEAS: Mr. Andrepont, Mr. Armentor, Mr. Blackwell, Mr. Doucet, Mrs. Duhon, Mr. Duhon, Ms. Duplechin, Mr. Falgout, Mr. Fontenot, Mr. Karr, Ms. LaVergne, Mr. Pitre, Mr. Robert, Mr. Tarver and Mr. Victorian
NAYS: None
RESOLUTION
A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE DESCRIBING THE GEOGRAPHIC LIMITS OF SCHOOL DISTRICT NO. 28 OF CALCASIEU PARISH, LOUISIANA
BE IT RESOLVED by the Calcasieu Parish School Board, acting as the governing authority of School District No. 28 of Calcasieu Parish, Louisiana, as follows:
SECTION 1. That the resolution adopted March 1, 1938, creating School District No. 28 of Calcasieu Parish, Louisiana, as amended by resolution adopted September 20, 1938, be and same is hereby ratified, approved and confirmed.
SECTION 2. That the President and Secretary of this Board are empowered, authorized and requested to cause to be published a public notice describing the geographic limits of School District No. 28 of Calcasieu Parish, Louisiana, said publication to be made in the Southwest Daily News, in the same edition as the Notice to Voters is published, pertaining to the special bond election authorized for School District No. 28 of Calcasieu Parish, Louisiana, by resolution adopted this date.
Adopted and approved this 19th day of February, 2002.
/s/ John M. Falgout
JOHN M. FALGOUT, President Calcasieu Parish School Board
ATTEST:
/s/ Jude W. Theriot
JUDE W. THERIOT, Secretary
Calcasieu Parish School Board
GEOGRAPHIC BOUNDARIES OF
SCHOOL DISTRICT NO. 28
OF CALCASIEU PARISH, LOUISIANA
A portion of Ward Two of Calcasieu Parish, Louisiana, described as follows:
Beginning at the Northeast corner of Section Twenty (20), Township Ten (10) South, Range Six (6) West, said point being on the boundary line between Calcasieu Parish and Jefferson Davis Parish;
Thence South one (1) mile to the southeast corner of Section Twenty (20), Township Ten (10) South, Range Six (6) West,
Thence East six (6) miles, more or less, along the north line of Sections Twenty-eight (28), Twenty-Seven (27), Twenty-Six (26), and Twenty-Five (25) of Township Ten (10) South, Range Six (6) West, and Sections Thirty (30), Twenty-Nine (29), and Twenty-Eight (28) of Township Ten (10) South, Range Five (5) West, to a point in Section Twenty-Eight (28), Township Ten (10) South, Range Five (5) West, where the Laccasine Bayou crosses the boundary line between Calcasieu Parish and Jefferson Davis Parish,
Thence in a southerly direction down the center of Lacassine Bayou to the point where said Laccasine Bayou crosses the boundary line between Calcasieu and Jefferson Davis Parish, said point being on the south line of Section Sixteen (16), Township Eleven (11) South, Range Five (5) West,
Thence West six and one-half (6-1/2) miles, more or less, along the south line of Sections Sixteen (16), Seventeen (17), and Eighteen (18) of Township Eleven (11) South, Range Five (5) West, and Sections Thirteen (13), Fourteen (14), Fifteen (15) and Sixteen (16) of Township Eleven (11) South, Range Six (6) West, to the southwest corner of Section Sixteen (16), Township Eleven (11) South, Range Six (6) West, said point being on the boundary line between Calcasieu Parish and Jefferson Davis Parish,
Thence South three (3) miles along the East line of Sections Twenty (20), Twenty-Nine (29), and Thirty-Two (32) of Township Eleven (11) South, Range Six (6) West, to the southeast corner of Section Thirty-Two (32), Township Eleven (11) South, Range Six (6) West, said point being on the boundary line between Calcasieu Parish and Cameron Parish,
Thence West eight (8) miles along the south line of Sections Thirty-Two (32) and Thirty-One (31) of Township Eleven (11) South, Range Six (6) West, and Sections Thirty-Six (36), Thirty-Five (35), Thirty-Four (34), Thirty-Three (33), Thirty-Two (32), and Thirty-One (31) of Township Eleven (11) South, Range Seven (7) West, to the southwest corner of Section Thirty-One (31), Township Eleven (11) South, Range Seven (7) West,
Thence North nine (9) miles along the West line of Sections Thirty-One (31), Thirty (30), Nineteen (19), Eighteen (18), Seven (7) and Six (6) of Township Eleven (11) South, Range Seven (7) West, and Sections Thirty-One (31), Thirty (30), and Nineteen (19), of Township Ten (10) South, Range Seven (7) West to the northwest corner of Section Nineteen (19), Township Ten (10) South, Range Seven (7) West,
Thence East eight (8) miles along the North line of Sections Nineteen (19), Twenty (20), Twenty-One (21), Twenty-Two (22), Twenty-Three (23), and Twenty-Four (24) of Township Ten (10) South, Range Seven (7) West, and Sections Nineteen (19) and Twenty (20) of Township Ten (10) South, Range Six (6) West to the northeast corner of Section Twenty (20), Township Ten (10) South, Range Six (6) West, the point of beginning.
/s/ John M. Falgout
JOHN M. FALGOUT, President
Calcasieu Parish School Board
ATTEST:
/s/ Jude W. Theriot
JUDE W. THERIOT, Secretary
Calcasieu Parish School Board
* * * * * * * * * *
The following resolution was thereupon introduced, and pursuant to motion made by Mr. Duhon and seconded by Mr. Karr, was adopted by the following vote:
YEAS: Mr. Andrepont, Mr. Armentor, Mr. Blackwell, Mr. Doucet, Mrs. Duhon, Mr. Duhon, Ms. Duplechin, Mr. Falgout, Mr. Fontenot, Mr. Karr, Ms. LaVergne, Mr. Pitre, Mr. Robert, Mr. Tarver and Mr. Victorian
NAYS: None
RESOLUTION
A RESOLUTION AUTHORIZING ADVERTISEMENT FOR SALE OF $5,925,000 GENERAL OBLIGATION PUBLIC SCHOOL IMPROVEMENT BONDS OF SCHOOL DISTRICT NO. 26 OF CALCASIEU PARISH, LOUISIANA, 2002 SERIES.