The Tangipahoa Parish School Board met in regular
session on
MEMBERS PRESENT: Robert
Caves, Al Link, Carl Bardwell, Donnie Williams,
MEMBERS ABSENT: Jimmy Richardson
Mr.
Louis Joseph, Assistant Superintendent, gave the invocation and led the Pledge
of Allegiance.
It
was moved by Mrs. Bailey-Simmons, seconded by Mr. Genco, to approve the Board
Minutes of
Mr. Fred Benton discussed the issuance of 20-Year General Obligation Bonds for School District No. 39A and 116.
The Parish School Board for the Parish of Tangipahoa, the governing authority of School District No. 39A of the Parish of Tangipahoa, State of Louisiana, met in regular session, at 6:30 o’clock p.m., Tuesday, April 1, 2003, at the regular meeting place of said School Board, the School Board office, 313 East Oak Street, Amite, Louisiana, pursuant to notice duly posted in the manner required by law, with the following members in attendance:
|
|
Present |
|
Absent |
|
|
X |
|
|
|
Carl Bardwell |
X |
|
|
|
Al Link |
X |
|
|
|
Sandra Simmons |
X |
|
|
|
|
X |
|
|
|
Robert Potts |
X |
|
|
|
Leonard Genco |
X |
|
|
|
Jimmy Richardson |
|
|
X |
|
Donnie Williams, Sr. |
X |
|
|
The meeting was called to order and the roll called, with the above result.
Also present were Virgil Allen, Superintendent of Schools and Secretary of the School Board, and Mark Kolwe, Finance Director.
The President then announced that the next item on the agenda was to adopt a resolution calling an election in School District No. 39A (Independence) of the Parish of Tangipahoa, State of Louisiana, on the proposition to issue not to exceed $3,200,000 of general obligation bonds for the purpose of constructing and acquiring additions and improvements to the Independence Middle School as part of a school building improvement program, applying to the State Bond Commission for authorization therefor, employing bond counsel, and providing for other matters in connection therewith. Thereupon, the president called for public comment on the said resolution in compliance with L.R.S. 42:5.1. After everyone wishing to speak had been heard and full discussion had by the School Board, the following resolution was offered by Mr. Williams, adopted by Mr. Genco, and adopted by the following vote:
YEAS: Mr. Caves, Mr. Bardwell, Mr. Link, Ms. Simmons, Ms. Dixon, Mr. Potts, Mr. Genco, and Mr. Williams.
NAYS: None.
ABSENT: Mr. Richardson.
RESOLUTION
A resolution to extend the school building improvement program in School District No. 39A (Independence) of the Parish of Tangipahoa, State of Louisiana, by calling a special election to be held in the said District to authorize the incurring of debt and the issuance of bonds, making application to the State Bond Commission for authorization therefor, and providing for other matters in connection therewith.
WHEREAS, the school buildings in School District No. 39A (Independence) of the Parish of Tangipahoa, State of Louisiana (the “District”) are now, and have been for a number of years, inadequate to provide for the increasing numbers of public elementary and secondary school children of the District; and
WHEREAS, after careful study and
review, and after receiving and considering public input, it has been
determined that the master plan for the improvement of the school buildings and
facilities in school District No. 39A (Independence) should include additions,
improvements, renovations and expansions of the buildings and facilities of
Independence Middle School
WHEREAS, the cost of the proposed improvements to Independence Middle School and the equipment and furnishings therefor are estimated to cost in excess of $3,200,000, of which amount a portion will be paid from the District’s share of existing sales tax and other revenues and the remainder should be financed by the issuance, sale and delivery of not to exceed $3,200,000 of general obligation bonds of the District; and
WHEREAS, this School Board has determined that the $3,200,000 general obligation bond issue can be sold pursuant to competitive bidding at a favorable rate, and should be initiated by the adoption of this resolution calling a special election to issue the said bonds, as hereinafter provided;
NOW, THEREFORE, BE IT RESOLVED by the Parish School Board for the Parish of Tangipahoa, State of Louisiana (the “Governing Authority”), acting as the governing authority of School District No. 39A (Independence) of the Parish of Tangipahoa, State of Louisiana (the “District”), that:
SECTION 1. Election Call. Subject to the approval of the State Bond Commission and under the authority conferred by Article VI, Section 33 of the Constitution of the State of Louisiana of 1974, Sub-Part A, Part III, Chapter 4 of Title 39, and the applicable provisions of Chapter 5, Chapter 6-A and Chapter 6-B of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, a special election is hereby called and ordered to be held in the District on Saturday, July 19, 2003, between the hours of six o’clock (6:00) a.m. and eight o’clock (8:00) p.m., in accordance with the provisions of L.R.S. 18:541, and at the said election there shall be submitted to all registered voters in the District who are qualified and entitled to vote under the Constitution and laws of the State of Louisiana and the Constitution of the United States, the following proposition, together with a simple, unbiased, and concise summary in easily understood language, which sets forth the substance of the proposition, as required by L.R.S. 18:1284, as follows:
PROPOSITION
SUMMARY: AUTHORITY
TO ISSUE $3,200,000, 20-YEAR,
Shall School District No. 39A (Independence) of the Parish of Tangipahoa, State of Louisiana (the “District”), incur debt and issue bonds in the amount of $3,200,000 to run twenty (20) years from the date thereof, with interest at a rate not to exceed eight percent (8%) per annum, for the purpose of paying a portion of the cost of acquiring land, and of constructing and acquiring improvements to Independence Middle School on an site owned by the District, said improvements to include, but not be limited to: classrooms for special education, general studies and an in-school suspension program; and administration areas to include principal’s offices, general office space, waiting area, teacher’s lounge, nurse’s station, work room, and other necessary spaces; renovation to classrooms and restroom wing and cafeteria kitchen; and site work to include covered walkways, bus drop off, driveways, parking area, fencing, and other necessary features,
together with all the necessary equipment and furnishings therefor, title to which shall be in the public, which bonds shall be general obligations of the District and will be payable from ad valorem taxes to be levied and collected in the manner provided by Article VI, Section 33 of the Constitution of the State of Louisiana of 1974 and statutory authority supplemental thereto?
SECTION 2. Publication of Notice of Election. A Notice of Election shall be published once a week for four (4) consecutive weeks, with the first publication to be made not less than forty-five (45) days nor more than ninety (90) days prior to the date fixed for the election, in the Hammond Daily Star, a newspaper published daily in the City of Hammond, State of Louisiana, and having a general circulation throughout the District, and being the official journal of the Governing Authority, which Notice of Election shall be substantially in the form attached hereto as Exhibit A and incorporated herein by reference as if it were set forth herein in full.
SECTION 3. Polling Places. The polling places set forth in the aforesaid Notice of Election are hereby designated as the polling places at which to hold said election, and the Commissioners-in-Charge and Commissioners, respectively, will be the same persons as those designated in accordance with law.
SECTION 4. Election Commissioners; Voting Machines. The officers designated to serve as Commissioners-in-Charge and the Commissioners pursuant to Sections 3 and 4 hereof, or such substitutes therefor as may be selected and designated in accordance with L.R.S. 18:1287, shall hold the said special election as herein provided, and make due returns of said election for the meeting of the Governing Authority to be held Tuesday, August 5, 2003, as provided in Section 4 hereof. All registered voters in the District are entitled to vote in the said special election and voting machines will be used therefor.
SECTION 5. Authorization of Officers. The Secretary of the Governing Authority is hereby empowered, authorized and directed to arrange for the said special election and to furnish to the Commissioners-in-Charge and Commissioners in ample time for the holding of said election, the necessary equipment, forms and other paraphernalia essential to the proper holding of said election, as provided by the Louisiana Election Code, and the President and/or Secretary of the Governing Authority are further authorized, empowered and directed to take any and all further action required by state and/or federal law to arrange for the election, including but not
limited to appropriate submission to the Federal Department of Justice under Section 5 of the Federal Voting Rights Act of 1965, as amended.
SECTION 6. Furnishing Election Call to Election Officials. Certified copies of this resolution shall be forwarded to the Secretary of State, the Commissioner of Elections of the State of Louisiana, and the clerk of Court and Ex-Officio Custodian of Voting Machines in and for the Parish of Tangipahoa, State of Louisiana, and the Chairperson of the Board of Election Supervisors for the Parish of Tangipahoa, and the Registrar of Voters in and for said Parish, as notification of the special election herein called in order that each may prepare for said election and perform their respective functions as required by law.
SECTION 7. Application to the State Bond Commission. Application is hereby made to the State Bond Commission for consent and authority to hold the aforesaid election as herein provided, and in the event said proposition carries, for further consent and authority to issue, sell and deliver the bonds as provided for herein, and a certified copy of this resolution shall be forwarded to the State Bond Commission on behalf of the Governing Authority, together with a letter requesting prompt consideration and approval of this application.
SECTION 8. Employment of Bond Counsel. A real necessity exists for the employment of qualified bond counsel to assist the Governing Authority in the conduct of the election, and if the election carries, the issuance of the aforesaid bonds, at the lowest cost and interest rate possible, and Foley & Judell, L.L.P., and Fred G. Benton, Jr. of Benton, Benton & Benton, P.L.C. are qualified to perform such services, and accordingly are hereby employed as co-Bond Counsel and requested to do and perform comprehensive legal and coordinate professional services, for a fee not to exceed the amount provided in Exhibit “B,” based on the amount of bonds actually issued, sold, delivered and paid for. If the election fails to carry, no fee shall be due. A certified copy of this resolution shall be submitted to the Attorney General of the State of Louisiana for his written approval of the employment herein authorized and the fee herein designated, and the Secretary is hereby empowered and directed to make payment of the fee to said co-Bond Counsel, plus reimbursement of out of pocket expenses. This section shall constitute an employment agreement when accepted by the attorneys as provided for below.
And the resolution was declared adopted on this the 1st day of April, 2003.
Tangipahoa Parish School Board
|
/s/ Virgil Allen |
|
/s/ |
|
Secretary |
|
President |
Employment Accepted:
|
Foley & Judell, L.L.P. By: /s/ David E. Henderson |
|
Benton, Benton & Benton P.L.C. By: /s/ Fred G. Benton, Jr. |
|
|
|
|
EXHIBIT
A
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of a resolution adopted by the Parish School Board of the Parish of Tangipahoa, State of Louisiana (the “Governing Authority”), acting as the governing authority of School District No. 39A (Independence) of the Parish of Tangipahoa, State of Louisiana (the “District”), on April 1, 2003, a special election will be held within the District on SATURDAY, JULY 19, 2003, and at the said election there will be submitted to all registered voters in the District qualified and entitled to vote at the said election under the Constitution and Laws of the State of Louisiana and the Constitution of the United States, the following proposition, together with a simple and unbiased, concise summary of the proposition, in easily understood language, which sets forth the substance of the proposition as required by L.R.S. 18:1284, as follows:
PROPOSITION
SUMMARY: AUTHORITY
TO ISSUE $3,200,000, 20-YEAR,
Shall School District No. 39A (Independence) of the Parish of Tangipahoa, State of Louisiana (the “District”), incur debt and issue bonds in the amount of $3,200,000 to run twenty (20) years from the date thereof, with interest at a rate not to exceed eight percent (8%) per annum, for the purpose of paying a portion of the cost of acquiring land, and of constructing and acquiring improvements to Independence Middle School on an site owned by the District, said improvements to include, but not be limited to: classrooms for special education, general studies and an in-school suspension program; and administration areas to include principal’s offices, general office space, waiting area, teacher’s lounge, nurse’s station, work room, and other necessary spaces; renovation to classrooms and restroom wing and cafeteria kitchen; and site work to include covered walkways, bus drop off, driveways, parking area, fencing, and other necessary features, together with all the necessary equipment and furnishings therefor, title to which
shall
be in the public, which bonds shall be general obligations of the District and
will be payable from ad valorem taxes to be levied and collected in the manner
provided by Article VI, Section 33 of
the Constitution of the State of
The said special election will be held in the following polling places situated within the District, which polls will open at six o’clock (6:00) a.m., and close at eight o’clock (8:00 p.m., in accordance with the provisions of L.R.S. 18:541, and the polling places are as follows:
|
Precinct |
|
Precinct Name |
|
Precinct Location |
|
017 (part) |
|
|
|
|
|
026 |
|
|
|
145 W. |
|
027 |
|
|
|
473 W. Railroad, |
|
028 |
|
|
|
|
|
111 (part) |
|
Amite Library |
|
739 |
|
111A (part) |
|
|
|
145 W. |
|
115B (part) |
|
|
|
145 W. |
|
117 (part) |
|
|
|
|
|
119 (part) |
|
|
|
|
|
121 (part) |
|
|
|
45405 Hwy. 51, Natalbany |
Registered voters in the in Precincts 017, 111, 111A, 115B, 117, 119 and 121 referred to above and marked “(part),” and who reside within the limits of the District will be eligible to vote on the proposition, and registered voters in the said precincts who do not reside within the limits of the District will not be eligible to vote on the proposition. All registered voters in all other precincts referred to above are eligible to vote on the proposition.
The polling places set forth above are hereby designated as the polling places at which to hold the said election, and the Commissioners-in-Charge and Commissioners, respectively, shall be those persons designated according to law.
The said special election will be held in accordance with the applicable provisions of Chapters 5, 6-A and 6-B of Title 18 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and the officers appointed to hold the said election as provided in this Notice of Special Election, or such substitutes therefor as may be selected and designated in accordance with L.R.S. 18:1287, will make due returns thereof to said Governing Authority.
NOTICE IS HEREBY FURTHER GIVEN that the Governing Authority will meet at its regular meeting place, the School Board Office, 313 East Oak Street, Amite, Louisiana, on TUESDAY, AUGUST 5, 2003, at 6:30 o’clock p.m., and will then and there, in open and public session, proceed to examine and canvass the returns and declare the result of the said special election. All registered voters in the District are entitled to vote at said special election and voting machines will be used therefor.
THUS
DONE AND SIGNED at
Parish School Board of the Parish of Tangipahoa, State of
|
/s/ Virgil Allen |
|
/s/ |
|
Secretary |
|
President |
EXHIBIT B
|
More Than |
And Not More Than |
Fee |
|
$ 405,000 |
$ 810,000 |
$6,075 + 0.90% of all over $405,000 |
|
$ 810,000 |
$1,350,000 |
$9,720 + 0.75% of all over $810,000 |
|
$ 1,350,000 |
$2,700,000 |
$13,770 + 0.50% of all over $1,350,000 |
|
$ 2,700,000 |
$6,750,000 |
$20,520 + 0.20% of all over $2,700,000 |
STATE OF
PARISH OF TANGIPAHOA,
I, Virgil Allen, do
hereby certify that I am the duly appointed and qualified Secretary-Treasurer
of the Parish School Board for the Parish of Tangipahoa (the “Governing
Authority”), the governing authority of School District No. 39A
of the Parish of Tangipahoa, State of
I do further
certify that the foregoing pages the foregoing pages constitute a true and
correct copy of an excerpt of the minutes of a meeting of the Governing
Authority held April 1, 2003, and of a resolution entitled:
A resolution to extend the school building
improvement program in
IN FAITH WHEREOF,
witness my official signature and the impress of the official seal of the
Governing Authority at Amite, Louisiana, on this the 1st day of
April, 2003.
|
|
|
Virgil Allen, Secretary-Treasurer |
The Parish School Board of the Parish of Tangipahoa, Louisiana, the governing authority of the Parish of Tangipahoa, State of Louisiana, for public school purposes, met in regular session at 6:30 o’clock p.m., on Tuesday, April 1, 2003, at the regular meeting place of said School Board, the School Board Office, 313 East Oak Street, Amite, Louisiana, pursuant to notice duly posted in the manner required by law, with the following members in attendance:
|
|
Present |
|
Absent |
|
|
X |
|
|
|
Carl Bardwell |
X |
|
|
|
Al Link |
X |
|
|
|
Sandra Simmons |
X |
|
|
|
|
X |
|
|
|
Robert Potts |
X |
|
|
|
Leonard Genco |
X |
|
|
|
Jimmy Richardson |
|
|
X |
|
Donnie Williams, Sr. |
X |
|
|
The meeting was called to order and the roll called, with the above result.
Also present was Virgil Allen, Superintendent of Schools and Secretary of the School Board.
It was moved by Mr. Williams, seconded by Mr. Genco
and unanimously carried to amend the agenda to consider and adopt a resolution creating
School District No. 39A of the Parish of Tangipahoa, State of
Yeas: Mr. Caves, Mr. Bardwell, Mr. Link, Ms. Simmons, Ms. Dixon, Mr. Potts, Mr. Genco and Mr. Williams.
Nays: None.
Absent: Mr. Richardson.
And the Resolution provides as follows:
RESOLUTION
A Resolution ratifying, approving and confirming the creation of School District No. 39A of the Parish of Tangipahoa, State of Louisiana, and authorizing publication of notice of ratification.
BE IT RESOLVED by the Tangipahoa Parish School Board, the governing authority of the Parish of Tangipahoa, State of Louisiana (the “Governing Authority”), for public school purposes, that:
SECTION 1. Creation and Boundaries. The resolution of the Governing Authority
adopted
Begin on the Tangipahoa River at the N. E. corner of H. R. No. 43, T4S R7E and run West to the N. W. corner of the said H. R., thence South to the S. E. corner of H.R. No. 39, said township and range; thence West to the S. W. corner of same; thence North to the section line on the North side of Section 28, said Township and Range; thence West to H.R. No. 44 said T and R; thence North to the N. E. corner of same; thence West along the North line of said H.R. No. 44 and continued along the north line of H.R. No. 45, T4S R6E to the N. W. corner of same, thence South to the section line North of Section 25; and T and R; thence West to the N. W. corner of Section 25; thence South to the S. W. corner of Section 24 T5S R6E; thence easterly along the section lines between Sections 24 and 25 T5S R6E, 19 and 30, T5S R7E, 20 and 29 T5S R7E; thence North along the western section line of Section 42 T5S R7E; thence East along the northern section line of Section 42 T5S R7E; thence South along the eastern section line of Section 42 T5S R7E until the mid point of said section line, thence due East between Sections 21 and 28, ,22 and 27, ,23 and 26, to the southeast corner of Section 23 T5S R7E; thence North to the Tangipahoa River; thence North along the meanderings of said River to the point of beginning.
Maps of the District shall be available in the School Board office.
SECTION 2. Powers of District. School District No. 39A of the Parish of
Tangipahoa, State of
SECTION 3. Publication of Notice. The Secretary of the Governing Authority is hereby authorized and requested to publish notice of the ratification of the creation of School District No. 39A of the Parish of Tangipahoa, State of Louisiana, in the Hammond Daily Star, the official journal of the Governing Authority and a daily newspaper widely circulated within the District, four times, said notice being in the form annexed hereto as Exhibit A and made a part hereof by reference.
SECTION 4. All previously orders, resolutions and ordinances in not conflict herewith are hereby ratified and confirmed. Any ordinances, orders, resolutions or sections thereof that are in conflict herewith are hereby repealed.
And the Resolution was adopted on this the 1st day of April, 2003.
Parish School Board of the Parish of
Tangipahoa, State of
|
/s/ Virgil Allen |
|
/s/ |
|
Secretary-Treasurer |
|
President |
STATE OF
PARISH OF TANGIPAHOA
I, Virgil Allen, do hereby certify that I am the duly
appointed and qualified Superintendent of Schools and ex-officio
Secretary-Treasurer of the Parish School Board for the Parish of Tangipahoa,
State of
I do further certify that the
foregoing pages are a true and correct copy of an excerpt of the minutes of a
regular meeting of the Governing Authority conducted
A Resolution ratifying, approving and confirming the creation of School District No. 39A of the Parish of Tangipahoa, State of Louisiana, and authorizing publication of notice of ratification.
IN FAITH WHEREOF, witness my signature and the impress of the official seal of the Parish School Board of the Parish of Tangipahoa, State of Louisiana, on this the 1st day of April, 2003.
|
|
|
Virgil Allen, Secretary-Treasurer |
EXHIBIT A
NOTICE OF RATIFICATION OF CREATION OF
SCHOOL DISTRICT NO. 39A OF THE
PARISH OF TANGIPAHOA,
STATE OF
NOTICE IS HEREBY GIVEN of the ratification of the creation of School District No. 39A of the Parish of Tangipahoa, State of Louisiana (the “District”), said District being composed of all the territory situated within the following designated boundaries:
Begin on the Tangipahoa River at the N. E. corner of H. R. No. 43, T4S R7E and run West to the N. W. corner of the said H. R., thence South to the S. E. corner of H.R. No. 39, said township and range; thence West to the S. W. corner of same; thence North to the section line on the North side of Section 28, said Township and Range; thence West to H.R. No. 44 said T and R; thence
North to the N. E. corner of same; thence West along the North line of said H.R. No. 44 and continued along the north line of H.R. No. 45, T4S R6E to the N. W. corner of same, thence South to the section line North of Section 25; and T and R; thence West to the N. W. corner of Section 25; thence South to the S. W. corner of Section 24 T5S R6E; thence easterly along the section lines between Sections 24 and 25 T5S R6E, 19 and 30, T5S R7E, 20 and 29 T5S R7E; thence North along the western section line of Section 42 T5S R7E; thence East along the northern section line of Section 42 T5S R7E; thence South along the eastern section line of Section 42 T5S R7E until the mid point of said section line, thence due East between Sections 21 and 28, ,22 and 27, ,23 and 26, to the southeast corner of Section 23 T5S R7E; thence North to the Tangipahoa River; thence North along the meanderings of said River to the point of beginning.
The
District shall continue to possess all powers permitted to be exercised by
school districts under the laws of the State of
THUS
DONE AND SIGNED at
ATTEST:
|
/s/ Virgil Allen |
|
/s/ |
|
Secretary |
|
President |
The Parish School Board for the Parish of Tangipahoa, State of Louisiana, the governing authority of School District No. 39A (Independence) of the Parish of Tangipahoa, State of Louisiana, met in regular session on Tuesday, April 1, 2003, at 6:30 o’clock p.m., at the regular meeting place of said School Board, the School Board Office, 313 East Oak Street, Amite, Louisiana, pursuant to notice duly posted in the manner required by law.
The following members were present:
The following members were absent: Jimmy Richardson.
The meeting was called to order and the roll called with the above result.
It was moved by Mr. Williams, seconded by Mr. Genco, unanimously carried to amend the agenda to include consideration and adoption of a resolution adopting a set of covenants with the voters in connection with the election called in School District No. 39A (Independence) of the Parish of Tangipahoa, State of Louisiana, for Saturday, July 19, 2003, on the proposition to issue not to exceed $3,200,000 of general obligation bonds or the purpose of constructing and acquiring additions and improvements to the Independence Middle School. The following resolution, copies of which were made available to all members of the School Board and all other persons present who desired a copy, was presented and explained by bond counsel and discussed fully by the Board. The president then called for pubic comment on the said resolution in compliance with L.R.S. 42:5.1. After everyone wishing to speak had been hard and full discussion had by the School Board, the following resolution was offered by Mr. Williams, seconded by Mr. Genco, adopted by the following vote: