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08-20-2002 |
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, August 20, 2002, at 5:00 p.m. John M. Falgout, President, called the meeting to order. Mrs. Duhon led the prayer; Mr. Pitre led the Pledge of Allegiance.
ROLL CALL
The roll was called and the following members were present: Joe A. Andrepont, Randall C. Armentor, Ricky Blackwell, Wilridge P. Doucet, Clara F. Duhon, Jay L. Duhon, John M. Falgout, L. J. "Berk" Fontenot, Sheral A. LaVergne, James W. Pitre, Philip Tarver and Elray T. Victorian.
Carla C. Duplechin and James W. Karr, Sr., were absent.
Gregory P. Robert entered the meeting after it convened.
MINUTES APPROVED
On motion by Mr. Duhon, seconded by Mr. Andrepont and unanimously carried, the minutes of the regular meeting of August 6, 2002, were approved as presented.
Supplemental AgendaBy general consent the Supplemental Agenda was included as part of the regular agenda.
PRESENTATIONS
Lake Area Express Track Club
Mr. Falgout recognized Brendon Gilroy, coach of the Lake Area Express Track Club. Coach Gilroy reported that sixty children from the Lake Area Express Track Club attended three national competitions and received over fifty medals. Many of the students will qualify for the USA Track and Field National Junior Olympics that will be held next year. He stated that the students are dedicated and work diligently to achieve their goals. Coach Gilroy presented certificates to the following:
USATF / AAU (Participants/Medal Winners) * Denotes participation in USATF and AAU
Mr. Robert entered the meeting.
Mr. Falgout congratulated the students and coaches for an outstanding accomplishment.
TAKE APPROPRIATE ACTION
Resolutions Authorizing Advertisement for Sale of School District Number 34 Bonds
Lake Charles, Louisiana August 20, 2002
The Parish School Board of Calcasieu Parish, Louisiana, met in regular public session at 5:00 o’clock p.m. on Tuesday, August 20, 2002, at the regular meeting place of said Board in the Calcasieu Parish School Board Office Building, 1732 Kirkman Street, 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.
President John M. Falgout, 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, Sheral LaVergne, James W. Pitre, Greg Robert, Philip E. Tarver, and Elray T. Victorian
ABSENT: Carla C. Duplechin and James W. Karr, Sr.
The meeting was called to order and the roll called with the above result. The following resolution was thereupon introduced, and pursuant to motion made by Mr. Tarver and seconded by Mr. Pitre, was adopted by the following vote:
YEAS: Mr. Andrepont, Mr. Armentor, Mr. Blackwell, Mr. Doucet, Mrs. Duhon, Mr. Duhon, Mr. Falgout, Mr. Fontenot, Ms. LaVergne, Mr. Pitre, Mr. Robert, Mr. Tarver, and Mr. Victorian
NAYS: None
RESOLUTION A RESOLUTION AUTHORIZING ADVERTISEMENT FOR SALE OF $10,000,000 GENERAL OBLIGATION PUBLIC SCHOOL IMPROVEMENT BONDS OF SCHOOL DISTRICT NO. 34 OF CALCASIEU PARISH, LOUISIANA, 2002 SERIES A, AND $1,750,000 GENERAL OBLIGATION PUBLIC SCHOOL IMPROVEMENT BONDS OF SCHOOL DISTRICT NO. 34 OF CALCASIEU PARISH, LOUISIANA, 2002 SERIES B.
BE IT RESOLVED by the Parish School Board of Calcasieu Parish, Louisiana, the governing authority of School District No. 34 of Calcasieu Parish, Louisiana as follows:
SECTION 1. $10,000,000 General Obligation Public School Improvement Bonds of School District No. 34 of Calcasieu Parish, Louisiana, 2002 Series A, and $1,750,000 General Obligation Public School Improvement Bonds of School District No. 34 of Calcasieu Parish, Louisiana, 2002 Series B (collectively, the “Bonds”), authorized by an election held in School District No. 34 on July 20, 2002, shall be sold as herein directed.
SECTION 2. Sealed bids shall be received for the purchase of the Bonds and the Bonds shall be opened in public session of the Calcasieu Parish School Board on October 1, 2002, at 5:00 o’clock p.m. Central Daylight (Louisiana) Time, at the regular meeting place of the Calcasieu Parish School Board, 1732 Kirkman Street, Lake Charles, Louisiana.
SECTION 3. In accordance with Article 1426 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, notice of the sale of the Bonds shall be published one time at least seven clear calendar days before the date scheduled for the receipt of bids, in the Southwest Daily News, a newspaper published in Calcasieu Parish and of general circulation in School District No. 34 of Calcasieu Parish, and at least once in the Daily Journal of Commerce, a financial journal or newspaper containing a section devoted to municipal bond news published in the City of New Orleans, Louisiana, which publication shall be made at least forty-eight (48) hours in advance of the date scheduled for the receipt of bids. The notice of sale to be published shall be substantially in the following form: NOTICE OF BOND SALE $10,000,000 GENERAL OBLIGATION PUBLIC SCHOOL IMPROVEMENT BONDS OF SCHOOL DISTRICT NO. 34 OF CALCASIEU PARISH, LOUISIANA 2002 SERIES A
$1,750,000 GENERAL OBLIGATION PUBLIC SCHOOL IMPROVEMENT BONDS OF SCHOOL DISTRICT NO. 34 OF CALCASIEU PARISH, LOUISIANA 2002 SERIES B
SEALED BIDS will be received by the Calcasieu Parish School Board, acting as the governing authority of School District No. 34 of Calcasieu Parish, Louisiana (the “Issuer”), at the Parish School Board Office at 1732 Kirkman Street, Lake Charles, Louisiana, until 5:00 o’clock p.m., Central Daylight (Louisiana) Time, on Tuesday, the
1st DAY OF OCTOBER, 2002,
for the purchase of the following issue or issues of Bonds of School District No. 34 of Calcasieu Parish, Louisiana (the “Bonds”), authorized at a special election held within the Issuer on Saturday, July 20, 2002:
$10,000,000 (being part of an authorized issue of $34,000,000) General Obligation Public School Improvement Bonds, 2002 Series A, maturing November 1 in each year in the principal amount as set forth opposite such year in the following table:
YEAR AMOUNT YEAR AMOUNT2003 300,000 2013 490,000 2004 320,000 2014 520,000 2005 335,000 2015 540,000 2006 350,000 2016 570,000 2007 365,000 2017 600,000 2008 385,000 2018 630,000 2009 405,000 2019 660,000 2010 430,000 2020 695,000 2011 445,000 2021 725,000 2012 470,000 2022 765,000
$1,750,000 General Obligation Public School Improvement Bonds, 2002 Series B, maturing November 1 in each year in the principal amount as set forth opposite such year in the following table:
YEAR AMOUNT YEAR AMOUNT2003 55,000 2013 85,000 2004 55,000 2014 95,000 2005 55,000 2015 95,000 2006 65,000 2016 100,000 2007 65,000 2017 105,000 2008 65,000 2018 110,000 2009 70,000 2019 115,000 2010 75,000 2020 120,000 2011 80,000 2021 125,000 2012 80,000 2022 135,000
The Bonds will be in fully registered form, dated November 1, 2002, will initially be one bond for each maturity with transfers in multiples of $5,000, and will be payable from and secured by unlimited ad valorem taxation. All Bonds of the same maturity must bear interest from date thereof until paid at one basic rate of interest to be designated by the bidder not exceeding nine (9%) percent per annum on any Bond in any interest payment period, said interest to be payable semi-annually on May 1 and November 1 of each year, beginning May 1, 2003.
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 maturity, at the option of the Issuer, in such order as the Issuer may determine and by lot within any maturity, on any interest payment date on or after November 1, 2007, at par and accrued interest to the date fixed for redemption.
The Bonds will be payable at a bank or trust company to be designated by the purchaser of the Bonds at the time of the sale thereof or within three (3) days of the date of such sale.
A certified or cashier’s check in the amount of $200,000.00 for the Series A Bonds, and $35,000 for the Series B Bonds, drawn on an incorporated bank or trust company and payable to the order of School District No. 34 of Calcasieu Parish, Louisiana, must accompany each bid as a guarantee of good faith on the part of the bidder, to be forfeited as liquidated damages if such bid be accepted and the bidder fails to take up and pay for the Bonds. The check of the successful bidder will be retained uncashed by the Issuer and returned upon delivery of the Bonds and payment therefor. Checks of unsuccessful bidders will be promptly returned to each bidder’s representative or by certified mail.
All bids must be submitted on bid forms furnished by the Calcasieu Parish School Board without alteration or qualification. Bidders shall name one basic rate of interest for each Bond maturity not exceeding nine (9%) percent per annum on any Bond in any interest payment period to be expressed in a multiple of one-twentieth (1/20) or one-eighth (1/8) of one (1%) percent per annum. No bids for less than par and accrued interest from November 1, 2002 to the date of delivery of the Bonds or which specifies the cancellation of Bonds will be considered. Any premium bid must be paid in funds specified for the payment of the Bonds as part of the purchase price.
The Bonds will be awarded to the bidder offering to purchase the Bonds at such rate or rates of interest as will produce the lowest effective interest rate to the Issuer. The lowest effective interest rate will 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. If any bid for the Bonds shall be acceptable, a prompt award of the Bonds will be made. The right is expressly reserved to waive any irregularity in any bid or to reject any and all bids received.
The successful bidder shall make a bona fide public offering of the Bonds, and, as a condition to the Issuer's obligation to deliver the Bonds, the successful bidder must furnish to the Issuer within twenty-four hours after being notified of the award of the Bonds, the initial public offering prices of the Bonds. Upon Delivery of the Bonds, the successful bidder will furnish a certificate acceptable to Bond Counsel to the Issuer (i) specifying the reoffering prices at which a substantial amount of the Bonds was sold to the public (excluding bond houses, brokers and other intermediaries) and (ii) certifying as to the accuracy of such reoffering prices. Bond Counsel advises that (i) such certificate must be made on the best knowledge, information and belief of the successful bidder, (ii) the sale to the public of 10% or more in par amount of the Bonds of each maturity at (or below) the initial reoffering prices would be sufficient to certify as to the sale of a substantial amount of the Bonds, and (iii) reliance on other facts as a basis for such certification would require evaluation by Bond Counsel to assure compliance with the applicable provisions of the Internal Revenue Code of 1986, as amended (the “Code”).
If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the bidder, any purchase of such insurance or commitment therefor shall be at the sole option and expense of the bidder and any increased costs of issuance of the Bonds resulting by reason of such insurance, unless otherwise paid, shall be paid by such bidder. Any failure of the Bonds to be so insured or of any such policy of insurance to be issued, shall not in any way relieve the purchaser of his contractual obligations arising from the acceptance of his proposal for the purchase of the Bonds.
It is anticipated that CUSIP identification numbers will be printed on the Bonds, but the failure to print such numbers shall not constitute cause for refusal by the successful bidder to accept delivery of and to pay for the Bonds. No CUSIP identification number shall be deemed to be part of the Bond or a part of the contract evidenced thereby, and no liability shall hereafter attach to the issuer or any officers or agents thereof because of or on account of such numbers. All expenses in relation to the printing of the CUSIP identification numbers on the Bonds shall be paid by the Issuer. However, the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of and shall be paid by the successful bidder.
A copy of the Issuer’s preliminary official statement may be obtained by contacting Joseph A. Delafield, Attorney at Law, 3401 Ryan Street, Suite 307, P. O. Box 4272, Lake Charles, Louisiana 70605/70606, Bond Counsel. The Preliminary Official Statement is in a form “deemed final” by the Issuer for purposes of SEC Rule 15c2-12(b)(1) but is subject to revision, amendment, and completion in a final official statement.
Promptly after the sale date, but in no event later than seven (7) business days after such date, the Issuer will provide the successful bidder with a reasonable number of final Official Statements, not to exceed one hundred (100) f.o.b. Lake Charles, Louisiana. Such final Official Statements may be obtained without cost to the successful bidder from the Issuer as set forth herein. Additional copies of the final Official Statement may be obtained up to three months following the sale of the Bonds by a request and payment of costs for reproduction.
The approving legal opinion of Joseph A. Delafield, Attorney at Law, of Lake Charles, Louisiana, and the transcript of record as passed upon, will be furnished to the successful bidder(s) without cost to it. The transcript will contain the usual closing proofs, including a certificate by the Issuer that up to the time of delivery, no litigation has been filed questioning the validity of the Bonds or the taxes necessary to pay the same.
For information relative to the Bonds not contained in the Notice of Bond Sale and the Official Statement, address The Honorable Jude W. Theriot, Superintendent of Schools of Calcasieu Parish, Louisiana and Ex-Officio Secretary of the Calcasieu Parish School Board, 1724 Kirkman Street, Lake Charles, Louisiana 70601; or Joseph A. Delafield, Esq., Bond Counsel, 3401 Ryan Street, Suite 307, P.O. Box 4272, Lake Charles, Louisiana 70605/70606.
SECTION 4. The Calcasieu Parish School Board hereby adopts the Notice of Bond Sale contained in Section 3 hereof as the official Notice of Bond Sale, which shall be sent to persons who seek further information with respect to the Bonds and which will form part of the contract of sale of the Bonds.
SECTION 5. The Calcasieu Parish School Board hereby adopts the following as an official bid form for the Series A Bonds, which shall be used by prospective bidders for the Bonds described herein, and which shall be supplied to all persons seeking information with respect to the Bonds:
We offer to purchase TEN MILLION AND NO/100 ($10,000,000) DOLLARS General Obligation Public School Improvement Bonds of School District No. 34 of Calcasieu Parish, Louisiana, 2002 Series A, in the initial denominations of one Bond for each maturity, with transfers in multiples of $5,000.00, bearing interest payable semi-annually on May 1 and November 1 of each year, beginning May 1, 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 (Nov. 1) ANNUM (Nov. 1) ANNUM
2003 300,000 _____% 2013 490,000 _____% 2004 320,000 _____% 2014 520,000 _____% 2005 335,000 _____% 2015 540,000 _____% 2006 350,000 _____% 2016 570,000 _____% 2007 365,000 _____% 2017 600,000 _____% 2008 385,000 _____% 2018 630,000 _____% 2009 405,000 _____% 2019 660,000 _____% 2010 430,000 _____% 2020 695,000 _____% 2011 445,000 _____% 2021 725,000 _____% 2012 470,000 _____% 2022 765,000 _____%
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 $_________________.
For your information, we calculate the lowest effective interest rate to School District No. 34 to be %, said rate to be determined in accordance with the “True” or “Canadian” interest cost method of calculation by doubling the semiannual interest rate (compounded semiannually) necessary to discount the debt service payments from the payment dates to the date of the Bonds and to the price bid, excluding the accrued interest from the date of the Bonds to the date of their delivery.
Bonds bid for herein will be delivered and shall be paid for on or about November 19, 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. 34 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) drawn on of , 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. 34 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.
Respectfully submitted,
by: Authorized Representative
And Associates
Bid accepted by resolution adopted by the Calcasieu Parish School Board, as governing authority of School District No. 34 of Calcasieu Parish, Louisiana, on this 15th day of October, 2002.
PRESIDENT Calcasieu Parish School Board
SECTION 6. The Calcasieu Parish School Board hereby adopts the following as an official bid form for the Series B Bonds, which shall be used by prospective bidders for the Bonds described herein, and which shall be supplied to all persons seeking information with respect to the Bonds:
We offer to purchase ONE MILLION SEVEN HUNDRED FIFTY THOUSAND AND NO/100 ($1,750,000) DOLLARS General Obligation Public School Improvement Bonds of School District No. 34 of Calcasieu Parish, Louisiana, 2002 Series B, in the initial denominations of one Bond for each maturity, with transfers in multiples of $5,000.00, bearing interest payable semi-annually on May 1 and November 1 of each year, beginning May 1, 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 (Nov. 1) ANNUM (Nov. 1) ANNUM
2003 55,000 _____% 2013 85,000 _____% 2004 55,000 _____% 2014 95,000 _____% 2005 55,000 _____% 2015 95,000 _____% 2006 65,000 _____% 2016 100,000 _____% 2007 65,000 _____% 2017 105,000 _____% 2008 65,000 _____% 2018 110,000 _____% 2009 70,000 _____% 2019 115,000 _____% 2010 75,000 _____% 2020 120,000 _____% 2011 80,000 _____% 2021 125,000 _____% 2012 80,000 _____% 2022 135,000 _____%
We will pay the principal sum of ONE MILLION SEVEN HUNDRED FIFTY THOUSAND AND NO/100 ($1,750,000) DOLLARS, together with accrued interest from the date of the Bonds to the date of delivery, plus a premium in the amount of $_________________.
For your information, we calculate the lowest effective interest rate to School District No. 34 to be %, said rate to be determined in accordance with the “True” or “Canadian” interest cost method of calculation by doubling the semiannual interest rate (compounded semiannually) necessary to discount the debt service payments from the payment dates to the date of the Bonds and to the price bid, excluding the accrued interest from the date of the Bonds to the date of their delivery.
Bonds bid for herein will be delivered and shall be paid for on or about November 19, 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. 34 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) drawn on of , in the amount of THIRTY-FIVE THOUSAND AND NO/100 ($35,000.00) 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. 34 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.
Respectfully submitted,
by: Authorized Representative
And Associates
Bid accepted by resolution adopted by the Calcasieu Parish School Board, as governing authority of School District No. 34 of Calcasieu Parish, Louisiana, on this 20th day of October, 2002.
PRESIDENT Calcasieu Parish School Board
SECTION 7. All resolutions and orders or parts thereof in conflict herewith be and the same are hereby repealed.
APPROVED AND ADOPTED this 20th day of August, 2002.
/s/ John M. Falgout JOHN M. FALGOUT, President Calcasieu Parish School Board
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 Parish School Board adjourned.
/s/ John M. Falgout JOHN M. FALGOUT, President Calcasieu Parish School Board ATTEST:
/s/ Jude W. Theriot JUDE W. THERIOT, Secretary
Joint Services Agreement with the Calcasieu Parish Police Jury for Vinton High School Parking Lot
On motion by Mr. Duhon, seconded by Mr. Andrepont and unanimously carried, the following Joint Services Agreement with the Calcasieu Parish Police Jury for Vinton High School parking lot was approved:
JOINT SERVICES AGREEMENT
STATE OF LOUISIANA PARISH OF CALCASIEU
BE IT KNOWN, that before us, the undersigned Notaries Public, on the dates and at the places hereinafter recited, and in the presence of the undersigned competent witnesses, personally came and appeared:
the Calcasieu Parish School Board, herein represented by John Falgout, its duly authorized President, hereinafter referred to as “School Board,” and
the Calcasieu Parish Police Jury, governing authority of Calcasieu Parish, Louisiana, herein represented by Enos Derbonne, its duly authorized President, hereinafter referred to as “Parish.”
The Parish proposed to contract for the paving of parking areas at Vinton High School, as shown in plans by Ellender Architects & Associates, LLC, with all the costs related thereto to be funded by the School Board.
The School Board and Parish also agree as follows:
1. School Board will provide the construction inspection services by their duly authorized representative necessary for the paving of said parking areas in accordance with the plans and specifications; 2. School Board will provide payment for all costs associated with said paving project. A preliminary estimate for the cost of said paving project amounts to the sum of $123,590; however, it is understood that the final costs shall be based on actual pay invoices, not on the preliminary estimate;
3. Parish will administer the contract and handle the construction pay estimate invoices for payment to the paving contractor; and
4. Parish will provide a site representative as needed to coordinate and provide general direction of paving operations and progress.
THUS DONE AND SIGNED in Lake Charles Louisiana on the 20th day of August, 2002, before me, Notary Public, and in the presence of the undersigned competent witnesses.
WITNESSES: CALCASIEU PARISH SCHOOL BOARD
/s/Melinda Lancaster By: /s/John M. Falgout, President John Falgout, President /s/Suzanne Skinner
/s/Brenda J. Dyer Notary Public
THUS DONE AND SIGNED in Lake Charles Louisiana on the ___ day of August, 2002, before me, Notary Public, and in the presence of the undersigned competent witnesses.
WITNESSES: CALCASIEU PARISH POLICE JURY
By: Enos Derbonne, President
Notary Public
Cooperative Endeavor and Financing Agreement By and Among School District Number 33 and School District 34
Mr. Robert expressed a concern with the agreement relative to the exclusion of an ending date. After further discussion and clarification, a motion was made by Mr. Victorian, seconded by Mr. Pitre and unanimously carried, approving the following Cooperative Endeavor and Financing Agreement by and among School District Number 33 and School District Number 34:
COOPERATIVE ENDEAVOR AND FINANCING AGREEMENT
This COOPERATIVE ENDEAVOR AND FINANCING AGREEMENT, dated as of August 1, 2002, (the “Agreement”), by and among School District No. Thirty-Three of Calcasieu Parish, Louisiana (“DISTRICT NO. 33”), a political subdivision of the School Board of Calcasieu Parish, Louisiana; and School District No. Thirty-Four of Calcasieu Parish, Louisiana (“DISTRICT NO. 34), a political subdivision of the School Board of Calcasieu Parish, Louisiana.
WITNESSETH:
WHEREAS, Article VII, Section 14(C) of the Louisiana Constitution of 1974, as amended, (the “Constitution”) provides that for a public purpose, the state and its political subdivisions or political corporations may engage in cooperative endeavors with each other, with the United States or its agencies, or with any public or private association, corporation or individual; and
WHEREAS, DISTRICT NO. 33 and DISTRICT NO. 34 are political subdivisions of the Calcasieu Parish School Board, which is a political subdivision of the State of Louisiana; and
WHEREAS, educational development constitutes a public purpose for the expenditure of public funds as determined by the Louisiana State Legislature under various provisions of law, including but not limited to Chapter 27 of Title 33 of the Louisiana Revised Statues of 1950 (the “Cooperative Economic Development Law”), as amended; and
WHEREAS, Part VII of Chapter 2 of Title 33 of the Louisiana Revised Statues of 1950, as amended (the “Intergovernmental Functions Law”) authorizes certain intergovernmental functions by political subdivisions of the State including various undertakings and financing agreements for the furtherance of public undertakings and purposes; and
WHEREAS, students residing in DISTRICT NO. 33 and DISTRICT. NO. 34 attend and participate in educational classes and programs at the Calcasieu Parish School Board’s T & I Complex (the “T & I Complex”) situated within the limits of DISTRICT NO. 33;
WHEREAS, student attendance at the T & I Complex is comprised primarily of students who are residents of either DISTRICT NO. 33 or DISTRICT NO. 34;
WHEREAS, the number of students attending the T & I Complex from either DISTRICT NO. 33 and DISTRICT NO. 34 varies from year to year, on the whole the number of students from each district is approximately equal;
WHEREAS, subject to the applicable provisions of the Cooperative Economic Development Law and the Intergovernmental Function Law, DISTRICT NO. 33 and DISTRICT NO. 34 will obtain equal benefit from financing and construction of additions, renovations and improvements to the T & I Complex;
WHEREAS, it is the desire of DISTRICT NO. 33 and DISTRICT NO. 34 to jointly and equally contribute to the financing and funding of the construction of additions, renovations and improvements to the T & I Complex, the cost of which is not expected to exceed $1,000,000 which amount is to be shared equally by DISTRICT NO. 33 and DISTRICT NO. 34, at not to exceed $500,000, each,
NOW, THEREFORE, in consideration of the mutual benefits hereby conferred and other good and valuable consideration, DISTRICT NO. 33 and DISTRICT NO. 34 hereby stipulate, agree, covenant and contract with each other as follows:
ARTICLE I
DEFINITIONS AND RULES OF CONSTRUCTION
SECTION 1.01 Defined Terms. As used herein the following terms shall have the following meanings unless the context otherwise requires, and such meanings shall be equally applicable to both singular and plural forms of the terms herein defined:
“Act” shall mean, collectively, Article VII, Section 14(C) of the Louisiana Constitution of 1974, as amended; Part VII of Chapter 2 of Title 33 (the “Intergovernmental Function Law”), Chapter 27 of Title 33 (the “Cooperative Economic Development Law”) of the Louisiana Revised Statutes of 1950, as amended.
“Agreement” shall mean this Cooperative Endeavor and Financing Agreement dated as of August 1, 2002, by and among DISTRICT NO. 33 and DISTRICT NO. 34, as it may be supplemented, modified or amended from time to time in accordance with the terms hereof.
“DISTRICT NO. 33" shall mean School District No. 33 of Calcasieu Parish, Louisiana.
“DISTRICT NO. 34" shall mean School District No. 34 of Calcasieu Parish, Louisiana.
“T & I Complex” shall mean the Calcasieu Parish School Board T & I Complex located within the boundaries of DISTRICT NO. 33.
Section 1.02. Rules of Interpretation. Unless the context clearly indicates to the contrary, the following rules shall apply to the interpretation and construction of this Agreement:
(a) Words importing the singular number shall include the plural number and vice versa.
(b) All references herein to particular articles or sections are references to articles or sections of this Agreement.
(c) The captions and headings herein are solely for convenience of references and shall not constitute part of this Agreement, nor shall they affect its meaning, construction or effect.
(d) The terms “hereby,” “hereof,” “hereto,” “herein,” “hereunder” or any similar terms as used in this Agreement refer to the Agreement in its entirety and not the particular article or section of this Agreement in which they appear, and the tem “hereafter” means after and the term “heretofore” means before the date of execution of this Agreement.
ARTICLE II
REPRESENTATIONS AND COVENANTS OF THE PARTIES
SECTION 2.01. Equal Funding. DISTRICT NO. 33 and DISTRICT NO. 34 herein and hereby agree to share equally in the financing and funding of the construction of additions, renovations and improvements to the T & I Complex, in equal amounts of not to exceed $500,000 for each district.
SECTION 2.02. Equal Benefit. DISTRICT NO. 33 and DISTRICT NO. 34 acknowledge and agree that they share equally the costs of and benefits arising from their financing and funding of the construction of additions, renovations and improvements to the T & I Complex.
ARTICLE III
ADDITIONAL PROVISIONS
SECTION 3.01. Entire Agreement. This Agreement shall constitute the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions and preliminary agreements. There is no representation or warranty of any kind made in connection with the transactions contemplated hereby that is not expressly contained in this Agreement.
SECTION 3.02. Rights and Remedies. All rights and remedies of the parties under this Agreement shall be exclusive and limited to those remedies set forth herein. In the event of a dispute hereunder, the parties shall share equally in all reasonable fees and expenses, including legal fees, incurred in such dispute resolution.
SECTION 3.03. Severability. If any terms or provisions of this Agreement, or the application thereof to any circumstance, shall be invalid or unenforceable, the remainder of this Agreement or the application, term, provision or application to circumstances which is not held invalid or unenforceable shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
SECTION 3.04. Additional Instruments. The parties hereto agree that when called on to do so, each of them will execute such other instruments in writing or do such other things that are required in order to give full effect to the covenants and conditions required of them under this Agreement.
SECTION 3.05. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State.
SECTION 3.06. Amendments, Supplements and Modifications. This Agreement may not be amended, supplemented or modified, except in writing and with the unanimous consent of all parties affected by such amendment, supplement or modification.
SECTION 3.07. Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, DISTRICT NO. 33 and DISTRICT NO. 34, respectively, have caused this Agreement to be executed, sealed, and delivered on the dates set forth hereinbelow.
WITNESSES: SCHOOL DISTRICT NO. 33 OF CALCASIEU PARISH, LOUISIANA _______________________________ BY: /s/Jude W. Theriot JUDE W. THERIOT, Superintendent
_______________________________ Dated: August 20, 2002
SCHOOL DISTRICT NO. 34 OF CALCASIEU PARISH, LOUISIANA
BY: /s/Jude W. Theriot _ JUDE W. THERIOT, Superintendent
Dated: August 20, 2002
BID REPORTS
Renewal of Contract Number 2002-07 to Supply Magazines to the Libraries, General Funds, Renewal Bid Number RENL2003-10
On motion by Mrs. Duhon, seconded by Mr. Victorian and unanimously carried, the renewal contract, number 2002-07, with National Organization Service, Inc., to supply magazines to the libraries, renewal number RENL2002-10, general funds, was approved.
PERMISSION TO ADVERTISE
Sale and Removal of House Located at 1413 N. Lincoln Street, Lake Charles, LA
On motion by Ms. LaVergne, seconded by Mrs. Duhon and unanimously carried, permission to advertise for the sale and removal of a house located at 1413 N. Lincoln Street, Lake Charles, LA, was approved.
CORRESPONDENCE
Change Order Number Three (3) for the Project “Asbestos Abatement at Various Schools – Summer 2002”
On motion by Mr. Doucet, seconded by Mr. Duhon and unanimously carried, change order number three (3) for the project “Asbestos Abatement at Various Schools – Summer 2002,” project number 2002-26PC, for a decrease of $1,500.00, Wynn L. White Consulting Engineers, Inc., designer; Abatement Services, Inc., contractor, was approved.
Recommendation of Acceptance for the Project “Asbestos Abatement at Various Schools – Summer 2002”
On motion by Mr. Doucet, seconded by Mr. Duhon and unanimously carried, recommendation of acceptance for the project “Asbestos Abatement at Various Schools – Summer 2002,” project number 2002-26PC, Wynn L. White Consulting Engineers, Inc., designer; Abatement Services, Inc., contractor, was approved.
Change Order Number One (1) for the Project “Classroom Pods – Phase III”
On motion by Mr. Doucet, seconded by Mrs. Duhon and unanimously carried, change order number one (1) for the project “Classroom Pods – Phase III,” project number 204987, for an increase of $1,813.00 and an extension of three (3) days, C. R. Fugatt, designer; Picheloup Construction, contractor, was approved.
Recommendation of Acceptance for the Project “Canopies for Various Schools”
On motion by Mr. Robert, seconded by Andrepont and unanimously carried, recommendation of acceptance for the project “Canopies for Various Schools,” C. R. Fugatt, designer; John D. Myers & Associates, contractor, was approved.
Recommendation of Acceptance for the Project “Additions and Renovations to R. D. Molo Middle School”
On motion by Ms. LaVergne, seconded by Mrs. Duhon and unanimously carried, recommendation of acceptance for the project “Additions and Renovations to R. D. Molo Middle School,” phase I, project number EA 2000-8, school district number 31 bond funds, Ellender Architects & Associates, LLC, designer; Alfred Palma, Inc., contractor, was approved.
Beneficial Occupancy for the Project “ Additions and Renovations to J. D. Clifton Elementary School”
On motion by Ms. LaVergne, seconded by Mr. Victorian and unanimously carried, beneficial occupancy for the project “Additions and Renovations to J. D. Clifton Elementary School,” phase 2, project number EA2002-8, school district number 31 bond funds, Ellender Architects & Associates, LLC, designer; Ribbeck Construction Corporation, contractor, was approved.
Beneficial Occupancy for the Project “Additions and Renovations to Vinton Elementary School”
On motion by Mr. Duhon, seconded by Mr. Andrepont and unanimously carried, beneficial occupancy for the project “Additions and Renovations to Vinton Elementary School,” phase I, project number EA 2001-8, school district number 26 bond funds, Ellender Architects & Associates, LLC, designer; John D. Myers & Associates, Incorporated, contractor, was approved.
Beneficial Occupancy for the Project “Improvements to Vinton High School”
On motion by Mr. Duhon, seconded by Mr. Blackwell and unanimously carried, beneficial occupancy for the project “Improvements to Vinton High School,” phase 2, project number EA 2002-02, school district number 26 bond funds, Ellender Architects & Associates, LLC, designer; Ribbeck Construction Corporation, contractor, was approved. SUPERINTENDENT'S REPORT
Luncheon for Moss Bluff Teachers
The Ward One Ministerial Organization hosted a luncheon for all teachers from Gillis Elementary, Moss Bluff Elementary, Moss Bluff Middle, and Sam Houston High Schools on Monday August 12, 2002. The luncheon was held at the Moss Bluff First United Methodist Church.
Recommended Board Meeting Dates
On motion by Mr.Doucet, seconded by Mr. Tarver and unanimously carried, the following board meeting dates were approved:
September 3, 2002 September 17, 2002 October 1, 2002 October 15, 2002
2002 LEAP Spring/Summer Test Results
2002 LEAP Spring/Summer Comparison Report
4th Grade English Language Arts
In 4th Grade ELA, 162 students tested this summer, with 91 passing. This is a 56% passing rate for these summer attendees. This increased the total number of students passing 4th Grade ELA in Calcasieu Parish from 93% in the spring of 2002 to 97% in both spring and summer of 2002. State passing rate in spring 2002/summer 2002 was 92%.
4th Grade Mathematics
In 4th Grade Mathematics, 204 of 343 students passed – a 60% passing rate. This increased the total number of students passing 4th Grade Mathematics in Calcasieu Parish from 85% in the spring of 2002 to 93% after 2002 summer testing. State passing rate in spring 2002/Summer 2002 was 87%.
8th Grade English Language Arts
This summer, 113/214 or 53% of the students attending ELA summer remediation passed. This increased the total number of students passing 8th Grade English Language Arts in Calcasieu Parish from 94% in the spring of 2002 to 99% after 2002 summer testing.
State passing rate in spring 2002/summer 2002 was 91%.
8th Grade Mathematics
This summer, 466 students attended summer remediation in mathematics; 180 passed – a passing rate of 39%*. This increased the total number of students passing 8th Grade Mathematics in Calcasieu Parish from 81% in the spring of 2002 to 88% after 2002 summer testing. State passing rate in spring 2002/summer 2002 was 77%.
* This low rate was impacted by the number of 7th graders SBLC’d to 8th grade during May 2002. There were 76 students given the opportunity to attend summer school and initially test this past summer.
ANNOUNCEMENTS AND REQUESTS
Mr. Fontenot expressed his appreciation to A+PEL for the complimentary cake that was provided for the board members at the meeting.
Mr. Doucet announced that after this term he would not seek re-election for school board member. He stated that he has served as a public official in Westlake for twenty-eight years and enjoyed every year. His plans are to retire.
Mr. Pitre requested a letter of condolence to the family of David Willoughby. Mr. Willoughby was a retired teacher from Barbe High School.
Mr. Falgout wished Mr. Doucet good luck and thanked him for the many years of service to the school board.
Mr. Duhon requested a letter of condolence to the Morris Wiley family on the loss of Mrs. Wiley. Mr. Wiley was a retired educator.
Mr. Andrepont requested information regarding federal teachers; specifically school assignments. Mr. Miller reported that the federal teachers will receive their teaching assignments tomorrow, August 21, 2002. Mr. Andrepont requested that staff investigate the possibility of providing uniform pants for the maintenance department employees. Mr. Savoy stated he would take his request under advisement, investigate, and report to the board the costs that would be involved. Mr. Andrepont also thanked A+PEL for the delicious cake.
Mrs. Duhon requested a letter of condolence to be sent to the family of Edward Johnson, former system employee. She stated several parents have contacted her in regards to transportation charges for students. Mr. Theriot reported that there are no charges for transportation and the matter will be investigated.
Mr. Falgout requested a letter of condolence to be sent to the family of Charles Primeaux. He stated that Mr. Randy Armentor has accepted an appointment to the Quality Advisory Team.
Mrs. LaVergne expressed concern relative to transportation for the students attending the Option 3 Program. Mr. Theriot stated that as soon as the assignments are complete transportation would be provided.
SCHEDULE STANDING COMMITTEE MEETINGS
Curriculum and Instruction – Tuesday, August 22, 2002, 4:45 p.m. Administration and Personnel – Tuesday, August 27, 2002, 4:45 p.m. Budget/Fiscal Management – Tuesday, September 10, 2002, 4:45 p.m.
EXECUTIVE SESSION
On motion by Mr. Andrepont, seconded by Mr. Blackwell and unanimously carried, the Board went into Executive Session at 5:55 p.m. to discuss personnel matters. The Board resumed regular open session at 6:00 p.m.
TAKE APPROPRIATE ACTION
Personnel
On motion by Mr. Andrepont, seconded by Mr. Roberts and unanimously carried, the following personnel changes were approved as recommended by the Superintendent:
Resignations
Catherine Lowry, Teacher, Dolby Elementary School, effective August 5, 2002, Mitzi Midkiff, Bus Driver, W. W. Lewis Middle School, effective August 7, 2002, Cissie Book, Teacher, Moss Bluff Elementary School, effective August 6, 2002, Betty McCall, Teacher Aide, D. S. Perkins Elementary School, effective August 12, 2002, Nicole Vizinat, Teacher, Oak Park Middle School, effective August 7, 2002, Josie Darbonne, Teacher Aide, Combre/Fondel Elementary School, effective August 7, 2002, Reba Mott, Cafeteria Technician, Oak Park Middle School, effective August 7, 2002, Leslie Charles, School Clerk, Ralph Wilson Elementary School, Recommend that her resignation become effective August 8, 2002, Sharon Duplechin, Cafeteria Technician, St. John Elementary School, effective August 12, 2002, Stephanie Sarver, Teacher Aide, D. S. Perkins Elementary School, effective August 5, 2002, Keisha Ross, Teacher, Career Center, effective August 8, 2002, Angela Richard, Janitor, Starks High School, effective August 8, 2002, Stacy Dellafosse, Teacher, Oak Park Elementary School, effective August 9, 2002, Martha Conner, Teacher, Oak Park Elementary School, effective August 9, 2002, Shelia Babineaux-Pitre, Tutor, J. D. Clifton Elementary School, effective August 12, 2002, Rebecca Hunt, Teacher, Iowa High School, effective August 12, 2002, Julie Gilbert, Teacher, Gillis Elementary School, effective August 9, 2002, Pamela Darbonne, Lab Manager, Combre/Fondel Elementary School, effective August 13, 2002, Gina Bobo, Tutor, Fairview Elementary School, effective August 9, 2002, Laurie Poindexter, Teacher, Barbe High School, effective August 13, 2002, Jimmy Whittington, Sweeper, Westlake T & I, effective August 15, 2002, Rebecca LaRocca, Cafeteria Manager, Moss Bluff Middle School, effective May 31, 2002, Valencia Guidroz, Bookkeeper, Molo Middle School, effective August 19, 2002, Mary Fuselier, Clerk C, Risk Management Department, effective August 16, 2002, Mary Augustus, Teacher, Combre Elementary School, effective August 19, 2002, Janis Brannen, Teacher, J. D. Clifton Elementary School, effective August 30, 2002, Kenneth Sonnier, Janitor, Iowa High School, effective August 27, 2002.
Retirement Notifications
Patricia Kennedy, Teacher, Moss Bluff Middle School, effective November 15, 2002, Joyce Woods, Teacher, Frasch Elementary School, effective September 30, 2002, Erline Guillory, Cafeteria Technician, Brentwood Elementary School, effective August 23, 2002, Donald Henry, Compliance Deputy, Sales Tax Department, effective September 30, 2002.
Maternity Leave
Viveca Woods, Teacher, Barbe Elementary School, beginning August 12, 2002 until September 23, 2002, Patricia Harris, Teacher, Clifton Elementary School, beginning September 21, 2002 until November 4, 2002, Denise Terro, Teacher, W.W. Lewis Middle School, beginning August 12, 2002 until September 20, 2002, Elizabeth Spell, Bus Aide, DeQuincy Elementary School, beginning August 13, 2002 until October 21, 2002, Monica Baumgarten, Teacher, Gillis Elementary School, beginning November 13, 2002 until January 6, 2003, Heather House, Teacher, Nelson Elementary School, beginning October 12, 2002 until December 2, 2002, Delissa Payne, Tutor, Ralph Wilson Elementary School, beginning October 20, 2002, until December 1, 2002. Leave Without Pay
Jeannette Ortego, Teacher, S. J. Welsh Middle School, for the 2002-2003 school Session, Melissa Hayes, Teacher Aide, Career Center, for the 2002-2003 school Session, Carolyn Duhon, Teacher Aide, Barbe Elementary School, beginning August 26, 2002 until January 9, 2003, Karen Sandifer, Teacher Aide, LeBlanc/Drost School, for the 2002-2003 school session, Rachel Abadie, Teacher, S. J. Welsh Middle School, for the 2002-2003 school session, Connie Guillory, Teacher Aide, T. H. Watkins Elementary School, for the 2002-2003 school Session, Anna Green, Teacher, Washington-Marion High School, for the 2002- 2003 school session, Melissa Fontenot, Teacher Aide, DeQuincy Middle School, for the 2002-2003 school session, Mary Jenkins, Clerk, Maplewood Middle School, for the 2002-2003 school session.
Professional Leave
Robert Vizena, leave for professional development for the 2002-2003 school session.
Medical Sabbatical
Doris Lemonier, Teacher, T. S. Cooley Elementary School, for the fall semester of the 2002-2003 school session, John Pousson, Teacher, DeQuincy Elementary School, Recommend that she be granted a leave for medical sabbatical for the fall semester of the 2002-2003 school session.
Rescind Sabbatical
Gloria Rasco, Teacher, Moss Bluff Middle School, return to work as a Technology Facilitator.
Recommendations
On motion by Mr. Duhon, seconded by Mr. Doucet and unanimously carried, Molly Beard was named the Acting Assistant Principal for Vinton Elementary School.
Meeting Adjourned
On motion by Mr. Andrepont seconded by Mr. Blackwell and unanimously carried, the meeting was adjourned at 6:05 p.m.
/s/Jude W. Theriot /s/John M. Falgout_____________ Jude W. Theriot, Secretary John M. Falgout, President |
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