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, June 4, 2002, at 5:00 p.m. John M. Falgout, President, called the meeting to order. Joe Andrepont led the prayer; Mr. Armentor 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, 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.
Carla Duplechin was absent.
MINUTES APPROVED
On motion by Mr. Andrepont, seconded by Mr. Blackwell and unanimously carried, the minutes of the regular meeting of May 7, 2002, were approved as presented.
Supplemental Agenda
By general consent the Supplemental Agenda was included as part of the regular agenda.
PRESENTATIONS
2002 Elementary State Fitness Champions
Mr. Miller, Assistant Superintendent, recognized the following members of the 2002 Physical Fitness Championship Team:
Head Coach – Greg Gauthier – Lake Charles Boston High School
Coach Don Soileau – Maplewood Middle School
Coach Etta Dunn- Moss Bluff Elementary
The following team members were introduced and each winner was presented a certificate for their excellence achievement:
Isaiah Benjamin – Barbe Elementary School
Keylon Williams – Henry Heights Elementary School
Kevin Berard – M. J. Kaufman Elementary School
Jade Moore – Henry Heights Elementary School
Jennifer Ledbetter – Maplewood Elementary School
Quiana Griffin – Henry Heights Elementary School
Coach Gauthier thanked the Board for their support and the elementary teachers for their positive influence on the students.
Mr. Falgout commended the coaches and students for their commitment and excellent record.
COMMITTEE REPORTS
Budget/Fiscal Management
Mr. Armentor, Chairman, reported that the Calcasieu Parish School Board
Budget/Fiscal Management Committee met Tuesday, May 28, 2002; a quorum was present.
Mr. Armentor presented the first item for discussion, employee salaries.
Ms. Jean Johnson, representative from the Calcasieu Federation of Teachers, addressed the committee concerning the issue of local pay raises and asked that the Board make funds available in next year's budget for a substantial raise. Other concerns addressed were the rising cost of insurance premiums and the need for funds to be made available for professional development.
Judy Ellis, representative of Calcasieu Association of Educators, also addressed the committee concerning insurance premiums. She advised the committee that not all employees have insurance through our system and therefore do not benefit from any adjustments made to insurance premiums. She also addressed the issues of raises for support personnel and the reduction of paperwork for teachers.
This item was for informational purposes only and no action was taken.
The next item was a request by Mr. Jay Duhon for the formation of a trust fund to enhance employee salaries.
Mr. Armentor moved on behalf of the committee, to form a trust fund to be established with $1 million from general fund reserves and an estimated $3.5 million from tobacco settlement funds with 2/3 of all interest earnings to be spent according to constitutional provisions including supplemental pay and benefits for employees and instructional grants and allotments to parish schools. The other 1/3 of interest earnings will be added to the trust principle amount until such amount reaches $10 million, at which time 90% of interest earnings will be spent on allowed expenditures with an additional 10% of interest going into principle. Proposals to manage the trust will be requested.
There was discussion and concern expressed relative to the combination or segregation of the trust fund monies: 1) general funds, and 2) tobacco settlement funds.
The following were discussed relative to the establishment of the trust fund:
· Indicate to the state our intentions.
· The fund would enable our Board to manage the school system’s monies by establishing the fund.
· Send a clear message to the public.
· All provisions and guidelines of the trust fund would be followed.
· The trust fund instrument would be brought back to the Board for review prior to finalization to ensure validity.
Mr. Delafield, attorney, explained to the Board members the process of establishing the trust fund.
It was noted that the approval of the motion is necessary to begin the process.
The Chair called for a vote on the motion. The motion carried.
Mr. Armentor reported that Charles Duhon, Internal Auditor, reviewed the school audits completed as of May, 2002, and advised the committee that all exceptions were handled according to the School Activity Funds Principles and Procedures Manual.
Mr. Armentor moved, on behalf of the committee, to approve the school audits. The motion carried.
The committee went into executive session to discuss an audit at Ralph Wilson Elementary School.
Mr. Armentor moved, on behalf of the committee, to accept the school audit at Ralph Wilson Elementary School. The motion carried.
Mr. Robert addressed the committee concerning riverboat funds remaining from the classroom pod project. The system will be receiving gaming revenues from the new Pinnacle Project as well as revenues from Delta Downs. Mr. Robert felt that the portion of funds that was not received for Phase IV of the classroom pod project should be allocated to District 34.
A motion was made to commit that portion of riverboat funds that would have gone for pods at S.J. Welsh and St. John Elementary to District 34 upon passage of the July, 2002 bond issue in that district.
An amendment to the motion was made to allocate riverboat funds to build pods as needed.
Mr. Bruchhaus advised the committee that $900,000 must be allocated annually to repay the debt. Any remaining funds can be spent at the Board's discretion.
A motion was made to follow the steps outlined in Phase IV and V of the riverboat classroom project to disperse funds to the districts. The motion died for lack of a second.
Mr. Doucet addressed his substitute motion and advised the committee that the funds be distributed in the order the bond issues were passed. Mr. Fontenot asked the chair to remove his second to the substitute motion as the intent of the motion changed. The chair ruled that the motion failed for lack of a second.
Mr. Armentor reported that Mr. Robert stated that he wanted a commitment of the funds from Phase IV of the riverboat pod project to be designated for St. John Elementary and S.J. Welsh Middle school projects. If the bond issue passes, the Board would designate the new sources of revenue, approximately $1.6 million, for District 34 projects. Mr. Tarver made a recommendation to the committee to defer until the committee can reprioritize the allocation of funding from the riverboat gaming revenues. The motion was voted on and failed.
Mr. Robert made a motion, seconded by Mr. Pitre, to send back to the Budget/Fiscal Management Committee the possibility of a commitment of funds from Phase IV of the riverboat pod project to be designated for St. John Elementary and S.J. Welsh Middle school projects.
It was noted that the existence of pods in bonding District 34 was largely the result of the change in the demographics in the area.
Several Board members expressed their opposition to the motion because the issue was discussed and acted on in the Budget/Fiscal Management Committee meeting.
The Chair called for a vote on the motion. The motion failed due to lack of a majority vote.
Mr. Armentor reported that Mr. Bruchhaus presented the next item on the agenda, an adjustment of the 2002-2003 projected revenues. Based on revised sales tax estimates, staff recommended that the 2002-2003 revenue levels be revised with a new sales tax projection of $61,575,000. Mr. Armentor moved, on behalf of the committee, to approve the 2002-2003 projected revenue and expenditure levels to $174,650,308. The motion carried.
The next item was Budget Revision #3 for the 2001-2002 General Fund Budget. Total projected revenues are $177,038,922, an increase of $3,555,490. Total projected expenditures are $179,449,040, an increase of $4,160,846. Total projected General Fund deficit for 2001-2002 increased in Budget Revision #3 by $605,356, to $2,410,118 leaving projected unreserved/undesignated fund balance at $15,935,938. The proposed Revision #1 for Special Revenue Funds projected revenues and other sources of $30,289,808, an increase of $5,790,739, and expenditures and other uses of $30,895,561, an increase of $6,087,591. Also included is Revision #2 for the 2001-2002 School Lunch Fund including revenues and other sources of $11,816,931 and expenditures and other uses of $12,422,684, with a projected deficit of $605,753. Projected fund balance at June 30, 2002 for the School Lunch Fund is $1,868,624, an increase of $273,425 over revision #2.
Mr. Armentor moved, on behalf of the committee, to approve budget revision #3 to the 2001-2002 General Fund. The motion carried.
Mr. Armentor moved, on behalf of the committee, to approve budget revision #1 to the Special Revenue Funds. The motion carried.
Next, Mr. Armentor stated that Mr. Bruchhaus presented the proposed expenditure budget for the 2002-2003 General Fund Budget. Changes made from the original draft first reviewed by staff include $1,325,000 in increased revenues and $4,867,951 in decreased expenditures. Staff asked the committee to approve the budget for final advertisement, public hearing, and final recommendation at the July 23, 2002 Board meeting and to grant permission to process purchase orders against non-salaried line items not to exceed 75% of the prior year line items.
Mr. Armentor reported that discussion followed concerning the request during the budget process for an increase in certified substitute teacher pay.
Mr. Armentor moved, on behalf of the committee, to approve the rate of certified substitute teacher pay to be increased to $50 in 2002-2003, $60 in 2003-2004, $70 in 2004-2005, and $80 in 2005-2006. The motion carried.
The issue of increased pay for school secretaries was discussed and a motion was made to increase the school bookkeepers' pay an additional $500. After further discussion, Mr. Fontenot withdrew his motion pending the Governor's decision on a possible support personnel raise.
Mr. Armentor moved, on behalf of the committee, to approve the proposed expenditure budget for the 2002-2003 General Fund for final advertisement, public hearing and final recommendation at the July 23, 2002 Board meeting and that permission be granted to process purchase orders against non-salaried line items not to exceed 75% of the prior year line items.
Mrs. LaVergne made an amendment to the motion, seconded by Mr. Victorian, to add an additional five days’ salary for each elementary counselor.
Mr. Bruchhaus stated that the issue was not addressed in the budget meeting because it was not included in the general fund budget for the next year. The Superintendent recommended that the Budget Committee address the issue prior to Board action.
After discussion, the Chair called for a vote on the amendment to the motion. The motion failed by a vote of 7 nays and 6 yeas.
Mr. Falgout called for a vote on the motion. The motion carried.
There was discussion concerning the process of spending the portion of the budget allocated for maintenance.
Mr. Armentor reported that the next item dealt with a possible sale of land to the Calcasieu Parish Police Jury for a road-widening project. The property is located on Weaver Road adjacent to St. John Elementary School. The police jury expressed an interest in acquiring this property by an Act of Donation from the school board.
It was noted that it is general practice to enter into cooperative endeavors with government entities. There was discussion relative to donating the land as opposed to selling the land. It was reported that sidewalks were being built as part of the road project. This would benefit the children attending St. John Elementary School.
Mr. Armentor moved, on behalf of the committee, to approve the Act of Donation to the Calcasieu Parish Police Jury for land located on Weaver Road. The motion carried.
A drainage easement between the school board and the police jury was presented for approval by the committee on land located on Weaver Road adjacent to St. John Elementary School. Mr. Armentor moved, on behalf of the committee, to approve this request. The motion carried.
Mr. Armentor reported that Mr. Bruchhaus presented a Financial Advisor Agreement between the Calcasieu Parish School Board and King, Bossier, Nosacka & Holley, Inc. The firm has provided advice and assistance regarding the Calcasieu School Board's financial matters and debt financings without a structured agreement or schedule of fees for services rendered. Staff advised it would be prudent to have an agreement for their services. Mr. Armentor moved, on behalf of the committee, to approve this agreement. The motion carried.
An agreement between the Calcasieu Parish School Board and Health Management Concepts Three, Inc. was presented to the committee for approval. HMC Three would act as a local program coordinator for the school board in the MAC agreement for a 10% charge to the system.
Mr. Armentor moved, on behalf of the committee, to approve the agreement with Health Management Concepts Three, Inc.
Mrs. Duhon addressed the Board as the President of the Louisiana School Boards Association to recommend that Board action be postponed until the next meeting. She further stated that the health maintenance service agreement was under the auspices of LSBA and the proposal with Health Management Concepts Three, Inc., needs further review. She wanted to be sure the Board fully understood the proposal and that LSBA would have the right to explain their position.
On motion by Mrs. LaVergne, seconded by Mrs. Duhon and approved, action on the health maintenance service agreement would be postponed until the next meeting, June 18, 2002.
Administration and Personnel
The Chair, Mr. Fontenot, reported that the Administration and Personnel Committee met Thursday, May 31, 2002 at 4:45; a quorum was present.
Mr. Fontenot reported that Harlan Duhon, representative of Local 861, International Brotherhood of Electrical Workers, was recognized. He distributed an excerpt from the official proceedings of the Police Jury from May 2, 2002. It stated that the front-end bid documents would include a clause that it would employ electricians who are certified as participating in a program of training and education or as having successfully completed such programs that are conducted or supervised by the National Joint Apprenticeship and Training Committee of the Electrical Industry and the Louisiana Department of Labor, Office of Regulatory Services, Labor Programs Section, Apprenticeship Division. Mr. Duhon requested that the Board consider adopting a similar resolution in support of employing qualified electricians.
Mr. Fontenot moved, on behalf of the committee, requesting approval for legal counsel and staff to review the information presented by Mr. Duhon at the next scheduled Administration and Personnel Committee meeting. The motion carried.
Next, the following policies were presented and approved:
JBA, Compulsory School Attendance Ages
IDG, Adult Education
Mr. Fontenot moved, on behalf of the committee, to approve the policies. The motion carried. The policies would lay over for two weeks and would be presented at the next board meeting, June 18, 2002, for final action.
JBA, Compulsory School Attendance Ages
IDG, Adult Education
Policies state:
File: JBA, COMPULSORY SCHOOL ATTENDANCE AGES
Every child in the school district is required by state law to attend public or private school from the child's seventh birthday until his eighteenth birthday, unless the child graduates prior to his eighteenth birthday, or is on an approved Home Study Program. Any child below the age of seven who legally enrolls in school shall also be required to attend school. If a child in these age brackets was a resident of this parish when school opened and enters school late without having attended another public or private school or approved Home Study Program during the current school session within or without the parish, a statement should be secured from the parents or guardian giving the reasons why the child has not been in school. If these reasons are not satisfactory, the matter shall be referred to the Supervisor of Child Welfare and Attendance, who may find it necessary to refer it to the proper court. The only exceptions to the compulsory school attendance provisions of state law are as follows:
1. Children living 2 1/2 miles or more from school with no public transportation provided or living 1 1/2 miles or more from the nearest transportation route; and
2. Children temporarily excused from attendance under rules and regulations of the State Board of Elementary and Secondary Education.
A child between the ages of seventeen (17) and eighteen (18) may withdraw from school prior to graduation with the written consent of his parent or guardian. Such consent shall be submitted to the Supervisor of Child Welfare and Attendance.
The principal may require certificates from physicians substantiating an illness.
Ref: La. Rev. Stat. Ann. §§17:221, 17:226.
FILE: IDG ADULT EDUCATION
The adult education program shall be administered and conducted in accordance with regulations established by the Division of Adult Education and Training of the Louisiana Department of Education.
1. Enrollment Requirements
Generally, in order to be enrolled in a local adult education program, an individual must be seventeen (17) years of age or older, and not currently enrolled in the K-12 system.
Upon enrollment, an assessment is administered to determine the student’s placement in the program. The length of time in the program varies from individual to individual.
2. Subject Matter Area
The adult education program shall operate one or more projects that provide services or instruction in one or more of the following:
Adult Basic Education (ABE)
Adult Secondary Education (ASE/GED)
English Literacy
Workplace Literacy
Family Literacy
3. Equitable Access and Participation
The Calcasieu Parish School Board shall provide an adult education and family literacy program. The program is designed to allow eligible individuals to continue their education to at least the level of completion of secondary school and to make available to them an opportunity to acquire basic literacy skills necessary to function in society and become more employable, productive, and responsible citizens and family members.
4. GED Testing
Students attending adult education programs may be recommended by the site of instruction to take the General Educational Development (GED) test.
Ref: 29 U.S.C. 2801 et seq.; La. Rev. Stat. Ann. 17:14; Louisiana Handbook for School Administrators, Bulletin 741, Louisiana State Plan for Adult Education, Louisiana Department of Education.
TAKE APPROPRIATE ACTION
Selling of “Bonds” for School District 33
Lake Charles, Louisiana
June 4, 2002
The Parish School Board of Calcasieu Parish, Louisiana, met in public session at 5:00 o’clock p.m. on Tuesday, June 4, 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, 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: Carla C. Duplechin
The President stated that one purpose of the meeting was the opening of sealed bids received for the purchase of $10,000,000 of General Obligation Public School Improvement Bonds of School District No. 33 of Calcasieu Parish, Louisiana, 2002 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. 33 of Calcasieu Parish, Louisiana, on May 24, 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 May 24, 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. 33 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. Morgan Keegan & Company Inc 4.749338% -0-
New Orleans, Louisiana
2. Salomon Smith Barney Inc. 4.697681% -0-
Dallas, Texas
Upon verification, it was determined that the bid of Salomon Smith Barney Inc., of Dallas, Texas, was the lowest and best bid submitted for the purchase of the Bonds, whereupon the following resolution was introduced and, pursuant to motion made by Mr. Victorian and seconded by Mrs. Duhon, was adopted by the following vote:
YEAS: Mr. Andrepont, Mr. Armentor, Mr. Blackwell, Mr. Doucet, Mrs. Duhon, Mr. Duhon, Mr. Fontenot, Mr. Karr, Ms. LaVergne, Mr. Pitre, Mr. Robert, Mr. Tarver, and Mr. Victorian
NAYS: None
ABSENT: Carla Duplechin
NOT VOTING: President Falgout
RESOLUTION
A RESOLUTION PROVIDING FOR THE ISSUANCE OF $10,000,000 GENERAL OBLIGATION PUBLIC SCHOOL IMPROVEMENT BONDS OF SCHOOL DISTRICT NO. 33 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. 33 of Calcasieu Parish, Louisiana (the “Issuer”) on February 19, 2002, and in conformity with notice duly published in compliance with law, there was held in School District No. 33 of Calcasieu Parish, Louisiana, on May 4, 2002, 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. 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?
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. 33 of Calcasieu Parish, Louisiana (the “Issuer”), did on May 7, 2002, 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, the Governing Authority now deems it in the public interest to authorize the issuance and delivery of $10,000,000 General Obligation Public School Improvement Bonds of School District No. 33 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 Salomon Smith Barney Inc., of Dallas, Texas, 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 TEN MILLION AND NO/100 ($10,000,000) DOLLARS General Obligation Public School Improvement Bonds of School District No. 33 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 January 15 and July 15 of each year, beginning January 15, 2003, 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
(July 15) ANNUM (July 15) ANNUM
2003 300,000.00 6.000% 2013 490,000.00 4.250%
2004 320,000.00 6.000% 2014 520,000.00 4.375%
2005 335,000.00 5.500% 2015 540,000.00 4.500%
2006 350,000.00 5.500% 2016 570,000.00 4.500%
2007 365,000.00 5.000% 2017 600,000.00 4.325%
2008 385,000.00 5.000% 2018 630,000.00 4.750%
2009 405,000.00 4.875% 2019 660,000.00 4.750%
2010 430,000.00 4.000% 2020 695,000.00 4.875%
2011 445,000.00 4.000% 2021 725,000.00 5.000%
2012 470,000.00 4.125% 2022 765,000.00 5.000%
We will pay the principal sum of TEN MILLION AND NO/100 ($10,000,000) DOLLARS, together with accrued interest from the date of the Bonds to the date of delivery, plus a premium in the amount of $ -0- .
For your information, we calculate the lowest effective interest rate to School District No. 33 to be 4.697681 %, 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 July 24, 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. 33 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) 0238793 drawn on Bank of America of San Antonio, TX , in the amount of TWO HUNDRED THOUSAND AND NO/100 ($200,000.00) 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. 33 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. 33 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 Ten Million Dollars ($10,000,000).
“Business Day” means a day of the year other than a day on which banks in the city in which the Paying Agent is located are required or authorized to remain closed or the New York Stock Exchange is closed.
“Code” means the Internal Revenue Code of 1986, as amended.
“Debt Service Fund” shall have the meaning ascribed to such term in Section 10 hereof.
“Defeasance Obligations” shall mean (a) cash, or (b) non-callable Government Securities.
“Executive Officers” means, collectively, the President and Secretary of the Governing Authority.
“Governing Authority” means the Calcasieu Parish School Board.
“Government Securities” means direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which are non-callable prior to their maturity, and may be United States Treasury obligations such as the State and Local Government Series and may be in book-entry form.
“Interest Payment Dates” means January 15 and July 15 of each year beginning January 15, 2003.
“Issuer” means School District No. 33 of Calcasieu Parish, Louisiana.
“Outstanding” when used with respect to the Bonds means, as of the date of determination, all Bonds theretofore issued and delivered under this Resolution, except:
1. Bonds theretofore cancelled by the Paying Agent or delivered to the Paying Agent for cancellation.
2. Bonds for which payment or redemption sufficient funds have been theretofore deposited in trust for the Owners of such Bonds, provided that, if such Bonds are to be redeemed, irrevocable notice of such redemption has been duly given or provided for pursuant to this Resolution or waived.
3. Bonds in exchange for or in lieu of which other bonds have been registered and delivered pursuant to this Resolution.
4. Bonds alleged to have ben mutilated, destroyed, lost, or stolen, which have been paid as provided in this Resolution or by law.
5. Bonds for the payment of principal (or redemption price, if any) of and interest on which money or Government Securities or both are held in trust with the effect specified in this Resolution.
“Owner” or “Owners” or “Registered Owner” when used with respect to any Bond means the Person in whose name such Bond is registered in the Bond Register, as herein provided.
“Paying Agent” means Argent Trust 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 May 4, 2002, there is hereby authorized the incurring of an indebtedness of Ten Million Dollars ($10,000,000) 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 Ten Million Dollars ($10,000,000) of General Obligation Public School Improvement Bonds, 2002 Series, of the Issuer. The Bonds shall be in fully registered form, shall be dated July 15, 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 January 15, 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
(July 15) ANNUM (July 15) ANNUM
2003 300,000 6.000% 2013 490,000 4.250%
2004 320,000 6.000% 2014 520,000 4.375%
2005 335,000 5.500% 2015 540,000 4.500%
2006 350,000 5.500% 2016 570,000 4.500%
2007 365,000 5.000% 2017 600,000 4.625%
2008 385,000 5.000% 2018 630,000 4.750%
2009 405,000 4.875% 2019 660,000 4.750%
2010 430,000 4.000% 2020 695,000 4.875%
2011 445,000 4.000% 2021 725,000 5.000%
2012 470,000 4.125% 2022 765,000 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 July 15, 2008 and thereafter shall be callable for redemption by the Issuer in full at any time on or after July 15, 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 July 15, 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. 33 OF
CALCASIEU PARISH, LOUISIANA
2002 SERIES
DATED DATE INTEREST RATE: MATURITY DATE: CUSIP:
July 15, 2002
School District No. 33 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 July, 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 January 15 and July 15 in each year, beginning January 15, 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 first calendar day of the month in which an interest payment is due) at the address, as shown on the books of the Paying Agent/Registrar.
REFERENCE IS MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF WHICH SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Resolution defined hereinafter until the Certificate of Registration hereon shall have been signed by the Paying Agent/Registrar.
IN WITNESS WHEREOF, the Calcasieu Parish School Board, acting as the governing authority of School District No. 33 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 July 15, 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 TEN MILLION AND NO/100 ($10,000,000) DOLLARS; said Bonds to mature annually, issued pursuant to a resolution adopted on June 4, 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. 33 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 July 15, 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. 33 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. 33 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 26 hereof shall constitute a breach of or default under this Resolution.
SECTION 32. Section Headings. The headings of the various sections hereof are inserted for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions hereof.
SECTION 33. Repealer. All resolutions or Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed, and this Resolution shall be in effect from and after its passage.
SECTION 34. Effective Date of Resolution. This Resolution shall become effective immediately upon its adoption.
APPROVED AND ADOPTED this 4th day of June, 2002.
/s/ John M. Falgout
JOHN M. FALGOUT, President
ATTEST:
/s/ Jude W. Theriot
JUDE W. THERIOT, Secretary
(Other business not pertinent to the above appears in the minutes of the meeting.)
Pursuant to motion duly made and carried, the meeting was adjourned.
/s/ John M. Falgout
JOHN M. FALGOUT, President
ATTEST:
/s/ Jude W. Theriot
JUDE W. THERIOT, Secretary
STATE OF LOUISIANA
PARISH OF CALCASIEU
I, JUDE W. THERIOT, certify that I am the duly qualified and acting Superintendent of Schools of Calcasieu Parish, Louisiana, and as such, Ex-Officio Secretary of the Calcasieu Parish School Board, the governing authority of School District No. 33 of Calcasieu Parish, Louisiana.
I further certify that the above and foregoing is a true and correct copy of an excerpt from the minutes of a meeting of the Calcasieu Parish School Board held on June 4, 2002, and of a resolution adopted at said meeting as said minutes and resolution appear officially of record in my possession.
IN FAITH WHEREOF, witness my official signature and the impress of the official seal of School District No. 33 of Calcasieu Parish, Louisiana, on this 4th day of June, 2002.
/s/ Jude W. Theriot
JUDE W. THERIOT, Secretary
Re-appointment to the Board of Commissioners of the Chennault International Airport Authority
On motion by Mr. Doucet, seconded by Mr. Andrepont and unanimously carried, the re-appointment of Dr. George H. Vincent to the Board of Commissioners of the Chennault International Airport Authority for a term of four years beginning July 1, 2002 through June 30, 2006 was approved.
Trip Request – Sulphur High School Acappella Choir
On motion by Mr. Blackwell, seconded by Mr. Andrepont and unanimously carried, the trip to Branson, Missouri during the period of April 10-13, 2003 by the Acappella Choir from Sulphur High School was approved.
Official Journal for 2002-2003
Quotes from the Lake Charles American Press and Southwest Daily News were presented for consideration for the appointment of official journal for 2002 - 2003. On motion by Mr. Armentor, seconded by Mr. Duhon and unanimously carried, the 2002-2003 official journal was appointed to Southwest Daily News for the cost of $2.95 per square per insertion date for legal advertisements.
Final Action – Student Dress Code 2002-2003
The Student Dress Code Policy for 2002-2003 was presented for final action.
On motion by Mr. Armentor, seconded by Mr. Duhon and unanimously carried, the Student Dress Code Policy for 2002-2003 was approved. The policy states:
DRESS CODE EFFECTIVE 2002-03 SCHOOL YEAR
Guidelines for acceptable, normal, good grooming should be taught and enforced in the home by the parents as part of their responsibility in training their children for responsible citizenship.
All students are expected to be responsible in their dress and grooming by avoiding extremes and manifesting self-discipline with regards to these regulations. Cooperation of parents is expected.
The policy of the Calcasieu Parish School Board shall be that no mode of attire will be considered proper for school wear that distracts or disrupts classroom and school decorum. The Board feels it is the responsibility of each student to use good judgment in one’s total appearance so that the attention of others is not distracted from the purpose of school. Cleanliness shall be a basic consideration. For health and safety reasons, students must wear shoes to school.
Any substantial complaint concerning the dress code shall be dealt with by the school administration.
SCHOOL UNIFORMS
Students attending Pre-K-12 schools in Calcasieu Parish shall be required to wear official school uniforms. Uniforms shall be the same for all schools, as follows:
- Uniform shirts will be white, hunter green or navy blue polo/golf style shirts (short or long sleeves with a collar) or shirts that button down the front with a collar. No emblem, logo, decoration, or decorative trim is allowed. High School and Middle School Administrators have the option to choose a uniform shirt in one of the school’s colors.
- White, hunter green or navy blue, turtlenecks with no emblem, logo, decoration, or decorative trim are acceptable. Turtlenecks can be worn separately or under uniform shirt
- T-shirts (solid white, hunter green, or navy blue) will be allowed under the uniform shirt.
- Spirit shirt/club shirt may be worn on day/s determined by the school administrator.
- Administrators may option to have students wear the official school logo on the school’s designated shirt.
- Shirts must be tucked in at all times.
- Khaki (shades may vary) or navy blue pants, skirts, shorts, skorts, or jumpers must be uniform style and color (no blue jeans, no corduroy or wind-suit materials, no sweat pants, no stretch pants or leggings, no spandex, no baggy pants, no bell-bottoms, no carpenter or cargo styles, no hip-huggers, no side-knee pockets). Emblems, logos, or decorations are not allowed.
- Pants, shorts, and skorts must measure (front and back) no shorter than three inches above the knee. Skirts and jumpers must measure no shorter than three inches above the knee.
- Belts should be black, brown, navy blue, hunter green, or khaki with no emblem, logo or decoration and must be worn with slacks and shorts that are designed to have belt loops. Belts must be visible and worn around the waist. Belts are optional for pre-k, kindergarten, and first grade students.
- Socks (or stockings for girls) are required and should be hunter green, navy blue, khaki or white with no emblem, logo or decoration and must cover ankle and be visible. Middle and High School students are not required to wear socks or stockings with sandals.
- Appropriate shoes must be worn and not include thongs. Sandals are not allowed in elementary grades.
- Acceptable outerwear for classroom is limited to include sweater, sweater vest, sweatshirt, and light jacket. During class time, jackets are to remain open – not zipped or buttoned. Colors for classroom outerwear include khaki, navy blue, hunter green and white. No emblem, logo, or decoration is allowed on classroom outerwear. The uniform shirt must be worn under outerwear.
- Heavy coats and jackets worn to and from school and/or outdoors are not restricted, but recommended to colors of navy blue, white, khaki and hunter green.
- No headwear shall be worn on campus with the exception of knit caps in extremely cold weather.
Other Dress Code Regulations:
· Prohibited items include bandannas, hair rollers, extremes in hair styles, psychedelic hair colors, lines, letters, or designs shaved in the head.
· Sunglasses, nose rings, visible body piercing, and excessive or inappropriate jewelry are prohibited.
· Prohibited items include excessive and inappropriate makeup, painted faces, inappropriate tattoos, and stick-on tattoos.
- Clothing worn is not to be suggestive or indecent.
- Clothing, jewelry, and general appearance are not to be of the type that would cause a disturbance or distract or interfere with the instructional programs.
- Clothing, jewelry, and general appearance are to be such as not to constitute a health or safety hazard.
Principals may declare spirit or club days and allow students to wear school spirit shirts, or dress up days (i.e., when school pictures are scheduled) or allow students to wear other uniforms such as Boy Scouts, Girl Scouts, cheerleaders, band, chorus, etc. Other questions about uniforms should be referred first to the school authorities, then to the central office staff.
Discipline Guidelines for Uniforms
All Pre-K – 12 schools in Calcasieu Parish will strive to achieve full compliance of the Dress Code Policy and should resort to disciplinary measures only when positive measures fail. The intent of this policy is not to prevent any student who is not in uniform from attending school. This policy is not intended to suspend or expel a student from class or from school or lower an academic grade as a result of not complying with the School Uniform Policy.
The following is The following is a progressive disciplinary plan for students who are considered non-compliant with the Dress Code Policy and who have not been granted an exemption.
ELEMENTARY:
1st Offense Written warning
2nd Offense Phone call to parent/guardian
3rd Offense Administrator or designee, parents, and student conference.
MIDDLE AND HIGH SCHOOL:
1ST Offense Written warning (Handbook)
2nd Offense Phone call to parent/guardian
3rd Offense Referral to ISI, C.A.R.E., or detention
Students shall not be considered in violation of the Dress Code Policy in the following instances:
· during the first five(5) school days after transferring from an out of the parish school
· when a student has been authorized by the school principal to wear something other than the approved school uniforms.
· when a parent has secured an exemption from the School Uniform Policy
· while an appeal of an exemption from the School Uniform Policy is pending;
Parent(s) or guardian(s) may request an exemption from the School Uniform Policy by submitting a written request to the school principal. Exemptions may be granted for religious reasons, medical reasons, or other justifiable reasons.
· A written request shall be submitted in writing using the Exemption Form.
· The Review committee shall meet with the parent/guardian to discuss the School Uniform Policy and request for exemption.
· The parent/guardian shall be notified in writing of the outcome of the conference.
· If the Review Committee does not grant the exemption, the parent/guardian may appeal the decision to the appropriate Director.
Revised: June, 1999
Revised: May, 2000
Revised: September, 2000
Revised: September, 2001
Revised: May, 2002
Ref: Scott v. Board of Education, 304 N.Y.S. 2d 601 (1969); Darr v Schmidt, 460 F 2d 609 (1972); La. Rev. Stat. Ann. §17:416.7; Board Minutes, 5-4-99, 6-1-99, 2-1-00
Proposed Resolution – Calgon Carbon Corporation
A motion was made by Mr. Karr and seconded by Mrs. Duhon to adopt a Resolution addressing the proposed Calgon Carbon Corporation facility. Mr. Karr read the Resolution and emphasized that the spirit of the Resolution is intended to take exception to the close proximity to the DeQuincy Middle School and the possible safety of children.
There was discussion relative to the taxes that are generated from industry, safety regulations and area industries that are established in Westlake that are in close proximity to schools.
Mr. Falgout recognized Sherry Holly, a concerned parent and resident of DeQuincy. Ms. Holly addressed the Board and expressed her opposition to the location of the proposed Calgon plant. She stated she was not opposed to new jobs, but ultimately concerned with the safety of the children in the community.
After discussion, the Chair called for a vote on the motion. The motion carried with one nay, Mr. Robert. The Resolution states:
RESOLUTION
WHEREAS, the Calcasieu Parish School Board does officially recommend to the Department of Environmental Quality that the Calgon Carbon Corporation being considered for location in the DeQuincy Industrial Airpark not be erected on the currently proposed site; and
WHEREAS, the reason for our concern is the proximity of the DeQuincy Middle School that yearly educates approximately
290 students; and
WHEREAS, the spirit of this Resolution is not intended to determine any harmful impact to the children, but rather is to emphasize the potential possibility of detrimental impact to the children;
THEREFORE BE IT RESOLVED, that the Calcasieu Parish School Board by this Resolution does not make any determination of the veracity of any claim, but states that our preference is not to have the site built in such close proximity to DeQuincy Middle School.
Approved and adopted by the Calcasieu Parish School Board, Lake Charles, Louisiana, this 4th day of June, 2002.
Proposed by:
_______________________________
James W. Karr, Sr.
Board Member
____________________________________
John M. Falgout, PRESIDENT
CALCASIEU PARISH SCHOOL BOARD
ATTEST:
____________________________
Jude W. Theriot, SECRETARY
CALCASIEU PARISH SCHOOL BOARD
Excess Workers’ Compensation
Mr. Hayes, Risk Manager, presented two proposals for consideration. On motion by Mr. Victorian, seconded by Mr. Duhon, the renewal for Excess Workers’ Compensation with Slocum and Associates, Inc., for the period of July 1, 2002 to July 1, 2003 was approved.
Request to Change Roofing Subcontractor – Vinton High School Renovations Phase II
On motion by Mr. Duhon, seconded by Mr. Andrepont and unanimously carried, the request to change the roofing subcontractor for Vinton High School renovations, phase II was approved.
BID REPORTS
Asbestos Abatement at Various Schools, Summer 2002, School Districts 26 and 31, Bond Funds and General Funds, Bid Number 2002-26PC, Wynn L. White, Consulting Engineers, Inc., Designer
The following bids were presented for review:
Contractor Base Bid
The Abatement Services $ 94,000.00
Environmental Remediation Services, Inc. $128,765.00
On motion by Mr. Andrepont, seconded by Mr. Duhon and unanimously carried, the contract was awarded to The Abatement Services, Inc., (Base Bid) in the amount of Ninety Four Thousand and No/100 Dollars------($94,000.00), as the lowest qualified bidder meeting specifications.
Janitorial Supplies for Beginning Fiscal Year 2002-2003 School Session, General Funds
The following bids were presented for review:
Vendor Name Bid Price
A to Z Paper Co., Inc. $ 4,232.80
New Orleans, LA
Economical Janitorial & Paper Supplies, Inc. $11,783.78
Kenner, LA
Grainger Industrial Supply $28,238.93
New Orleans, LA
Long’s Preferred Products $ 258.80
Alexandria, LA
Pon Food Corporation $ 3,701.10
Ponchatoula, LA
Single Source Supply $ 576.00
Lafayette, LA
Tri-Star Marketing, Inc. $ 2,173.50
Lafayette, LA
Total Bid Amount $50,964.91
On motion by Mr. Andrepont, seconded by Mr. Duhon and unanimously carried,
the low bid for each item meeting specifications was approved.
Renovations to Sulphur High School, School District 30, Bid Number 2002-25PC, Randall D. Broussard, Architect, L.L.C., Designer
The following bids were presented for review:
Contractor Base Bid
Bessette Development Corporation $735,000.00
Alfred Palma, Inc. $709,700.00
Ribbeck Construction Corporation $798,871.00
On motion by Mr. Andrepont, seconded by Mr. Duhon and unanimously carried,
the contract was awarded to Alfred Palma, Inc., (Base Bid) in the amount of Seven Hundred Nine Thousand, Seven Hundred and no/100 Dollars-----------($709,700.00), as the lowest qualified bidder meeting specifications.
PERMISSION TO ADVERTISE
Structural Renovations to Barbe High School, General Funds, C. Gayle Zembower, Architect, Inc.
A motion was made by Mr. Tarver, seconded by Mr. Pitre, requesting permission to advertise for the structural renovations to Barbe High School from general funds.
Mr. Zembower, project architect, was recognized to address questions concerning the damage and necessity of the structural renovations. Mr. Zembower presented photographs of the damage and reported that the area involving the commons building and connecting buildings have suffered structural damage; i.e., specifically rust deterioration and thus creating a safety hazard and an extreme emergency. It was stated that repairs are imminent and the time is of the essence.
Mr. Doucet made an amendment to the motion, seconded by Mrs. Duhon, to fund the project with general funds; and if the district 34 bonding election passes, the general fund account will be reimbursed for costs incurred for the structural renovations.
There was discussion on the emergency status of the project and it was the consensus of the Board to begin repairs without delay to avoid further damage and eliminate a potential hazard.
The Chair called for a vote on the amendment to the motion. The motion carried.
Discussion ensued. Mr. Zembower explained that after damage was accessed, the structural repair costs were incorporated in the bond election. His major concern was working expeditiously during the summer before the school session begins in the fall. He suggested a short advertisement period and/or bid process revision.
The Chair called for a vote on the motion granting permission to advertise for the
structural renovations to Barbe High School with a significantly shorter advertisement period. The motion carried.
An amendment to the motion was made by Mr. Tarver, seconded by Mr. Pitre, to act on Mr. Zembower’s recommendation to accept contractors’ resumes that list the employees, hourly rates and all costs relating to the project. The architect would review and present a bid to the Board at the next meeting, June 18, 2002.
Mr. Spruel advised the Board that this recommendation would be in violation of the public bid law and further stated that if the Board declares an emergency the advertisement period would be eliminated and the Board would be in compliance with the bid law. Mr. Spruel cited the following criteria: “unforeseen mischance of bringing with it destruction or injury of life or property or the imminent threat of such destruction of injury or as the result of an order from a judicial body to take an immediate action that requires construction etc.” which enables an extreme public emergency according to the public bid law.
Mr. Tarver withdrew his previous motion because the intent of the motion changed.
Discussion continued and the consensus of the Board was that the situation was an extreme public emergency.
Mr. Tarver made a motion, seconded by Mr. Andrepont, declaring a state of emergency within the meaning of the public bid law.
Discussion followed relative to the timeline for the repair, the imminent danger and adherence to the public bid law.
The Chair called for a vote on the motion. The motion carried.
CORRESPONDENCE
Change Order Number Three for the Project “New Moss Bluff Middle School,” Sales Tax District 3
On motion by Mr. Fontenot, seconded by Mr. Doucet and unanimously carried, change order number three for the project “New Moss Bluff Middle School,” sales tax district 3, project number 2001-26PC for an increase of $21,587.25 and an extension of five (5) days, Moss Architects, designer; Bessette Development, Inc., contractor, was approved.
Change Order Number One for the Project “Additions and Improvements to Westwood Elementary School,” School District 23
On motion by Mr.Doucet, seconded by Mr. Armentor and unanimously carried, change order number one for the project “Additions and Improvements to Westwood Elementary School,” school district 23, project number 9917-D1, for an Increase of $71,725.00, King Architects, Inc., designer; Miller & Associates Development Company, contractor, was approved.
Recommendation of Acceptance for the Project “2001 Bond Issue Improvements for Vinton High School,” School District 26
On motion by Mr. Duhon, seconded by Mr. Andrepont and unanimously carried,
recommendation of acceptance for the project “2001 Bond Issue Improvements for Vinton High School,” school district 26, phase I, Ellender Architects & Associates, LLC, designer; Lewing Construction Company, Inc., contractor, was approved.
Change Order Number One for the Project “Sewer Plant and Lift Station Replacement”
On motion by Mr. Victorian, seconded by Mr. Doucet and unanimously carried,
change order number one for the project “Sewer Plant and Lift Station Replacement,” project number 01259-1, general funds, for an increase of $944.00, Associated Design Group, Inc., designer; Murphy Cormier, General Contractor, contractor, was approved.
Change Order Number Five for the Project “Miscellaneous Improvements to S.P. Arnett Middle School”
On motion by Mr. Doucet, seconded by Mr. Blackwell and unanimously carried,
change order number five for the project “Miscellaneous Improvements to S.P. Arnett Middle School,” school district 23, project number 9917-B2, for an increase of $31,165.81, King Architects, Inc., designer; Lewing Construction Company, contractor, was approved.
SUPERINTENDENT'S REPORT
State Choir Festival
During the first week of May, Calcasieu Parish hosted the State Choir Festival at the Lake Charles Civic Center. As usual Calcasieu Parish had a great showing. The following schools earned the highest possible rating of “superior” for their concert performances.
Elementary Schools:
T.S. Cooley, M.J. Kaufman, Prien Lake, E.K. Key, DeQuincy
Middle Schools:
F.K. White, S.J. Welsh, W.W. Lewis
High Schools:
Lake Charles Boston, Barbe, Sulphur
Special Education Self-Monitoring Process
Calcasieu Parish School System has been notified that the Special Education Self-Monitoring Process in Calcasieu that was conducted under the leadership of Lisha Langston and Donna Babineaux, Special Education Facilitators, was cited as outstanding by the Louisiana Department of Education. The Department particularly took note of the format for reporting the data that was set up by Lisha Langston. Lisha has been invited to be a presenter at the state Special Education Administrators’ Conference in New Orleans that will be held next week. The format designed by her for reporting the self-monitoring data has been selected as a state model.
ANNOUNCEMENTS AND REQUESTS
Mr. Duhon requested a letter of condolence to be sent to the family of Gladys Ellender. Ms. Ellender was a retired teacher in Calcasieu Parish and Cameron Parish. Mr. Duhon reported for informational purposes that anybody or entity could make donations, memorials, etc., to the trust fund the Board established.
Mr. Andrepont recommended that staff consider alternating the central office
staff’s lunch periods in order to assist incoming calls. He requested an explanation concerning the five-day delay for posting credit union transactions. Mr. Bruchhaus replied that numerous payroll deductions are posted during that time with no additional manpower to post credit union transactions. Mr. Andrepont stated that some employees have reported that their medical deductible has not been reported on medical statements from the insurance department. He stated that he has advised employees to address concerns with the risk management department. He requested a congratulatory letter be sent to Ms. Monta and Sulphur High School on a job well done with their choral program.
Mr. Victorian requested a letter of condolence to Mrs. Mitchell, a counselor at T.H. Watkins Elementary School, on the loss of her mother.
Mrs. Duhon complimented Charlene Chiasson, Public Information Officer, on the excellent SHARE publication.
Mr. Tarver complimented Prien Lake Elementary on the excellent and superb Cultural and Art Show. He requested that the newly appointed Child Welfare and Attendance Director be given sufficient information that is relative to the policies for that department. Mr. Tarver requested that this issue be discussed and policies reviewed at the appropriate committee.
Mr. Karr requested a letter of condolence to be sent to the family of Annie Perkins. She was a retired teacher in Calcasieu Parish. He expressed his appreciation to the members of the Board for approving the Resolution relative to the Calgon Corporation.
Mr. Fontenot stated that a petition was presented to him relative to the naming of a part of a new facility. He is requesting action to be taken at the next Board meeting. Mr. Fontenot announced that he would not be seeking re-election in his district. He stated he has enjoyed his service on the Calcasieu Parish School Board for the last sixteen years and is thankful for the new friendships and appreciates the mutual respect he shared with those he has been associated. He wished his fellow Board members the best of luck and thanked his friends, supporters, and citizens of Ward One for allowing him to serve.
Mr. Doucet requested letters of condolence to be sent the family of Dorothy Lavoi and Mary Lou Carver on the loss of their husbands. Mrs. Lavoi was a retired teacher for the system. He expressed his appreciation to the CAE employees for a wonderful retirement banquet. Mr. Doucet also requested a letter of condolence to Dianne Bellard on the loss of her father.
Mr. Pitre requested letters of congratulations to the Barbe Baseball Team for being state finalists and the Prien Lake Chess Team who ranked high in the national elementary chess tournament in Portland, Oregon. He also requested a letter of condolence to Gisele Puckett, counselor at Barbe High School, on the loss of her mother.
Mrs. LaVergne requested letters of condolence to be sent to Emily Sterling and Brenda Jacob, teachers in our system, for the loss of their mothers. She requested that the issue for elementary counselors salary be placed on the Budget/Fiscal Management Committee. Ms. LaVergne requested a letter of commendation to be sent to Tina Matthews, a student at Washington Marion High School, for being chosen as the basketball athlete to represent our area in Hawaii.
Mr. Robert expressed his appreciation to Mr. Savoy and the maintenance department for their prompt response to a drainage problem that was occurring at a school site.
Mr. Falgout thanked Mr. Fontenot for the sixteen years of service to the Board and thanked him for the friendship and relationship they shared.
SCHEDULE STANDING COMMITTEE MEETINGS
Goals and Objectives – Thursday, June 27, 4:45
EXECUTIVE SESSION
On motion by Mr. Victorian, seconded by Mr. Blackwell and unanimously carried, the Board went into Executive Session at 8:15 p.m. to discuss personnel matters. The Board resumed regular open session at 8:25 p.m.
TAKE APPROPRIATE ACTION
Personnel
On motion by Mr. Doucet seconded by Mr. Robert and unanimously carried, the following personnel changes were approved as recommended by the Superintendent:
Resignations
Edlynn Hamilton, Teacher, Westwood Elementary School, effective May 31, 2002, Mark Dronet, Teacher/Coach, Barbe High School effective May 31, 2002, Anita Tigner, Teacher, Wilson Elementary School, effective May 31, 2002, Belinda Graham, Clerk, F. K. White Middle School, effective May 31, 2002, Patrick Hurley, Teacher, F.K. White Middle School, effective June 30, 2002, Martha Chapman, Cafeteria Technician, Barbe Elementary School, effective May 31, 2002, Felix Chapman, Janitor, Career Center, effective May 31, 2002, Alice DeLoach, Sweeper, DeQuincy Middle School, effective May 31, 2002, Sheila Veillon, Cafeteria Technician, Gillis Elementary School, effective July 1, 2002, Marie-Anne Duffeler, Teacher, Vinton Middle School, effective May 31, 2002, Erin Jackson, Teacher, DeQuincy High School, effective May 31, 2002, Susan Johnson, Teacher Aide, Sam Houston High School, effective May 31, 2002, Jamie Ellender, Teacher, Barbe High School, effective May 31, 2002, Dan Sylvest, Teacher/Head Coach, LeBlanc Middle School, coaching duties effective May 31, 2002, Terry Leger, Teacher/Head Coach, S.J. Welsh Middle School, coaching duties effective May 31, 2002, Pamila Gauthreaux, Teacher Aide, Kaufman Elementary School, effective May 31, 2002, Jimmy Owens, Teacher, Oak Park Middle School, effective May 31, 2002, Shawona Washington, Tutor, J.J. Johnson Elementary School, effective July 1, 2002, Sheila Veillon, Cafeteria Technician, Gillis Elementary School, July 1, 2002, Monica Clark, Teacher, T.H. Watkins Elementary School, May 31, 2002, David Thompson, Teacher/Assistant Coach, Lake Charles-Boston High, effective May 31, 2002, Clarence Ethridge, Teacher, Henry Heights Elementary School, effective May 31, 2002.
Retirement Notifications
Sandra Hebert, Secretary, J.I. Watson Middle School, effective July 31, 2002, Ronnie Arceneaux, Electrician, Maintenance Department, effective June 30, 2002, Betty Sonnier, Cafeteria Technician, Maplewood Middle School, effective May 31, 2002, Pamela Hood, Teacher, Fairview Elementary School, May 31, 2002, Janell Gallier, Cafeteria Technician, Prien Lake Elementary School, effective April 29, 2002, Sharon Walker, Teacher, Henry Heights Elementary School, effective May 6, 2002, Susan Derouen, Librarian, Bell City High School, effective May 31, 2002, Charles Caldwell, Teacher, Reynaud Middle School, effective August 1, 2002, Joseph Rachal, Teacher, LeBlanc Middle School, effective May 30, 2002 instead of May 31, 2002 as previously reported.
Maternity Leave
Gina Murphy, Teacher, Bell City High School, beginning September 7, 2002, until November 4, 2002, Elizabeth Winfrey, Teacher, Oak Park Middle School, beginning September 23, 2002, until November 12, 2002, Crystal McDaniel, Teacher, Oak Park Middle School, beginning September 17, 2002, until October 23, 2002, Stacy Goss, Secretary, Sam Houston High School, beginning August 5, 2002 until September 30, 2002, Jill Lavergne, Teacher, Gillis Elementary School, beginning August 19, 2002 until October 1, 2002, Pamela Edwards, Teacher, Pearl Watson Elementary School, beginning August 12, 2002 until September 23, 2002, Rachel Wacker, Teacher, Sam Houston High School, beginning August 12, 2002, until September 26, 2002, Sheila Pousson, Teacher, Moss Bluff Middle School, beginning September 23, 2002, until November 4, 2002, Christiane Perkins, Teacher, St. John Elementary School, beginning October 14, 2002, until November 25, 2002, Laura Smith, Teacher, Barbe High School, beginning September 3, 2002, until December 2, 2002.
Leave Without Pay
Bernice Bushnell, Teacher Aide, Washington-Marion High School, beginning April 7, 2002, until May 31, 2002, Kristi Braquet, Teacher, Vinton Elementary School, 2002-2003 school session, Elnette Tolbert, Teacher Aide, Vincent Settlement Elementary School, 2002-2003 school session, Betty Coleman, Cafeteria Technician, Lake Charles-Boston High School, beginning August 12, 2002 until January 10, 2003, Rebecca White, Teacher Aide, DeQuincy Elementary School, 2002-2003 school session, Tracy Benoit, Teacher, F.K.White Middle School, 2002-2003 school session, Ramona Cormier, Teacher, T.H. Watkins Elementary School, beginning August 12, 2002, until December 31, 2002, Anita Alexander, Teacher Aide, Iowa High School, beginning August 13, 2002, until December 3, 2002, Cecile Gaspard, Teacher, S.P. Arnett Middle School, beginning August 12, 2002, until November 21, 2002, Cathy Bolin, Teacher, Prien Lake Elementary School 2002-2003 school session.
Professional Leave
Brent Washington, Assistant Principal, Lake Charles-Boston High School, 2002-2003 school session, Catherine Berryhill, Teacher, Kaufman Elementary School, 2002-2003 school session, Mark Hayes, Teacher, Dolby Elementary School, 2002-2003 school session, Martha Shorts, Teacher, Dolby Elementary School, 2002-2003 school session, Lawrence Rybicki, Assistant Principal, Oak Park Middle School, 2002-2003 school session.
Recommendations
Mr. Savoy reported that the naming of the Director for the Child Welfare and Attendance Department would be announced at the June 18. 2002, meeting.
On motion by Mr. Fontenot, seconded by Mr. Armentor and unanimously carried, Stephanie Couste’ was named Principal for Gillis Elementary School.
On motion by Mr. Karr, seconded by Mr. Duhon and unanimously carried, Benny Craig Neal was named Assistant Principal for DeQuincy High School.
On motion by Mr. Victorian, seconded by Mr. Robert and unanimously carried, Robert Goodly was named Assistant Principal for F. K. White Middle School.
On motion by Ms. LaVergne, seconded by Mr. Victorian and unanimously carried, the extension of the advertisement period was approved for the position of Teacher/Head Coach for Washington-Marion High School.
On motion by Mr. Armentor , seconded by Mr. Doucet and unanimously carried, Ann Guillory was named the Teacher/Coach for J.I. Watson Middle School.
Permission to Advertise
On motion by Mr. Blackwell, seconded by Mr. Duhon and unanimously carried,
permission to advertise with a short advertisement period for the position of Teacher/Head Coach for LeBlanc Middle School was approved.
On motion by Mr. Fontenot, seconded by Mr. Armentor and unanimously carried, permission to advertise with a short advertisement period for the position of Assistant Principal for Gillis Elementary School was approved.
On motion by Mr. Karr, seconded by Mr. Duhon and unanimously carried, permission to advertise with a short advertisement period for the position of Assistant Principal for DeQuincy Middle School was approved.
On motion by Mr. Pitre, seconded by Mr. Robert and unanimously carried,
permission to advertise with a short advertisement period for the position of Teacher/Head Coach for S.J. Welsh Middle School was approved.
On motion by Mr. Blackwell, seconded by Mr. Doucet and unanimously carried,
permission to advertise with a short advertisement period for the position of Teacher/Head Coach for Maplewood Middle School was approved.
On motion by Mrs. Duhon, seconded by Mr. Victorian and unanimously carried,
permission to advertise with a short advertisement period for the position of Acting Assistant Principal for the 2002-2003 school year at Lake Charles-Boston High School was approved.
On motion by Mr. Victorian, seconded by Mrs. Duhon and unanimously carried, permission to advertise with a short advertisement period for the position for Acting Principal for Oak Park Elementary School was approved.
On motion by Mr. Victorian, seconded by Mr. Robert and unanimously carried, permission to advertise with a short advertisement period for the position of Acting Assistant Principal for Oak Park Middle School was approved.
Meeting Adjourned
On motion by Mr. Andrepont seconded by Mr. Blackwell and unanimously carried, the meeting was adjourned at 8:35 p.m.
Jude W. Theriot, Secretary John M. Falgout, President