MINUTES

 

POINTE COUPEE PARISH SCHOOL BOARD

337 Napoleon Street

New Roads, LA  70760

 

REGULAR MEETING

Thursday, June 28, 2012

 

 

The Pointe Coupee Parish School Board met in a regular session on Thursday, June 28, 2012, at 337 Napoleon Street, New Roads, Louisiana 70760.  Mr. Brandon Bergeron, President, called the meeting to order at 5:30 p.m.

 

Board members present were: Chad Aguillard, Frank Aguillard, Brandon Bergeron, James Cline, Leslie Ann Grezaffi, Kevin Hotard, Anita LeJeune, and Thomas Nelson.

 

Kevin Hotard led everyone in the Pledge of Allegiance to the Flag of the United States of America.

 

Karen Holmes-Shaw was requested to offer the invocation.

 

Expression of Sympathy.  On motion by the entire Board and seconded by the entire Board, an expression of sympathy was offered to the family of:

 

Mrs. Dorothy Dotson, a retiree of the Pointe Coupee Parish School Board and the mother of Mrs. Malana Bessix, a Guidance Counselor at Livonia High School.

 

- - - -

 

Adoption of a Resolution Regarding General Obligation Refunding Bonds of School District No. 10.    Mr. Russell Woodard attended the meeting on behalf of Mr. Wes Shafto,Bond Attorney with Breithaupt, Dunn, DuBos, Shafto & Wolleson, LLC. Mr. Shafto addressed the Executive Committee of the School Board regarding the consideration of the adoption of a Resolution for issuance, sale and delivery of $1,910,000 of General Obligation Bonds of School District No.10 of Pointe Coupee Parish, State of Louisiana, Series 2012, resulting in a savings to the taxpayers of approximately $72,000.   For the benefit of the audience, Mr. Chad Aguillard requested of Mr. Thomas Nelson that he provide an explanation regarding what was being presented.  Mr. Nelson stated that from time to time bonds are re-issued to save tax payers money, thus demonstrating prudence and transparency on behalf of the School Board.

 

Mr. James Cline made a motion to adopt the following Bond Resolution Regarding General Obligation Refunding Bonds of School District No. 10.  Mr. Thomas Nelson seconded the motion.  The motion carried.

BOND RESOLUTION

A resolution providing for issuance, sale and delivery of  $1,910,000 General Obligation Refunding Bonds of the School District No. 10 of Pointe Coupee Parish, State of Louisiana, Series 2012; prescribing the form, fixing the details and providing for the  rights of the owners thereof; providing for payment of the principal of and interest on such bonds and the application of the proceeds thereof to the refunding of certain general obligation school refunding bonds of the School Board; and providing for other matters in connection therewith.

 

            WHEREAS, the Pointe Coupee Parish School Board held an election on April 29, 1995, within the boundaries of the School District No. 10 of the Parish of Pointe Coupee, State of Louisiana (the “Issuer”), wherein the following proposition was proposed to and approved by the electorate of the Issuer, to-wit:

 

BOND PROPOSITION

 

SUMMARY:  AUTHORIZATION FOR SCHOOL DISTRICT NO. 10 TO ISSUE $3,000,000 OF NOT TO EXCEED 12%, 25-YEAR AD VALOREM TAX SECURED GENERAL OBLIGATION BONDS FOR REFUNDING OUTSTANDING BONDS AND PURCHASING, ERECTING AND/OR IMPROVING SCHOOL GROUNDS, BUILDINGS AND OTHER SCHOOL RELATED FACILITIES AND ACQUIRING THE NECESSARY EQUIPMENT AND FURNISHINGS THEREFOR.

 

STATEMENT OF PROPOSITION:  Shall School District Number 10 of the Parish of Pointe Coupee, State of Louisiana ,be authorized to incur debt and issue general obligation bonds to the amount of Three Million Dollars ($3,000,000), to run for a period of twenty-five (25) years from the date thereof, with interest at a rate not to exceed twelve percent (12%) per annum, for the purposes of refunding outstanding bonds of the District, improving existing school grounds, purchasing, erecting and/or improving school buildings and other school related facilities and acquiring the necessary equipment and furnishings therefor, title to all such lands, buildings and improvements to be in the public, said bonds to be general obligations of the District and 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?

 

            WHEREAS, the Issuer has heretofore issued $2,740,000 of its General Obligation Refunding Bonds, Series 2005, dated May 18, 2005 on original issue, of which $1,850,000 is currently outstanding (the “Outstanding Bonds”) which Outstanding Bonds are payable from a pledge and dedication of that portion of the net avails or proceeds of ad valorem taxes levied on all properties subject to taxation within the Issuer, all in accordance with Article VI, Section 33 and Article VII, Section 26(E) of the Constitution of the State of Louisiana, and those portions of Part II of Article VII of the Constitution of 1974 of the State of Louisiana not repealed by the 1977 Louisiana Legislature, and 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

 

            WHEREAS, the Pointe Coupee Parish School Board, State of Louisiana, governing authority of the Issuer has found and determined that currently refunding the callable maturities of the  Outstanding Bonds, consisting of those bonds which mature on April 1, 2013 to April 1, 2020, inclusive (the “Refunded Bonds”), would be advantageous to the Issuer; and

 

            WHEREAS, the Pointe Coupee Parish School Board has adopted a preliminary resolution on April 26, 2012, expressing its intention to issue general obligation refunding bonds of the Issuer in an aggregate principal amount of not to exceed $2,000,000 pursuant to the Act;

 

            WHEREAS, on May 17, 2012, the State Bond Commission gave final approval and authority for issuance of not exceeding $2,000,000 General Obligation Refunding Bonds of the School District No. 10 of the Parish of Pointe Coupee, State of Louisiana, Series 2012, for the purpose of providing funds to currently refund the Refunded Bonds, and to pay the costs of issuance associated therewith, pursuant to the provisions of Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended (the “Act”), to be secured by and payable from an irrevocable pledge and dedication of unlimited ad valorem taxes on all property within the boundaries of the School District No. 10 of the Parish of Pointe Coupee, State of Louisiana; and

 

            WHEREAS, pursuant to the Act, it is now the desire of the Issuer to adopt this Bond Resolution in order to provide for issuance by the Issuer of $1,910,000 principal amount of its General Obligation Refunding Bonds, Series 2012 (the “Bonds”), for the purpose of currently refunding the Refunded Bonds, to fix the details of the Bonds and to sell the Bonds to the purchasers thereof; and

 

            WHEREAS, it is further necessary to provide for application of the proceeds of the Bonds and to provide for other matters in connection with payment or redemption of the Refunded Bonds;

 

            WHEREAS, in connection with issuance of the Bonds, it is necessary that provision be made for payment of the principal, interest and redemption premium, if any, of the Refunded Bonds described in Exhibit A hereto, and to provide for the call for redemption of the Refunded Bonds, pursuant to a Notice of Call for Redemption;


 

            WHEREAS, the Issuer desires to sell the Bonds to the purchasers thereof and to fix the details of the Bonds and the terms of the sale of the Bonds in accordance with the Commitment Letter of the Purchaser attached hereto as Exhibit B;

 

            NOW, THEREFORE, BE IT RESOLVED by the Pointe Coupee Parish School Board, State of Louisiana, acting as the governing authority of the Issuer, that:

 

ARTICLE I

 

DEFINITIONS AND INTERPRETATION

 

            SECTION 1.1. Definitions. The following terms shall have the following meanings in this resolution unless the context otherwise requires:

 

                        “Act” shall mean Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other applicable constitutional and statutory authority.

 

                        “Bond” or “Bonds” shall mean any or all of the General Obligation Refunding Bonds, Series 2012 of the Issuer, issued pursuant to this Bond Resolution, as the same may be amended from time to time, whether initially delivered or issued in exchange for, upon transfer of, or in lieu of any previously issued Bond.  The Bonds shall be secured by and payable from ad valorem taxes levied upon taxable properties within the Issuer.

 

                        “Bond Counsel” shall mean an attorney or firm of attorneys whose experience in matters relating to the issuance of obligations by states and their political subdivisions is nationally recognized.

 

                        “Bond Obligation” shall mean, as of the date of computation, the principal amount of the Bonds then Outstanding.

 

                        “Bond Proposition” means the proposition approved by the voters of the District on April 29, 1995, providing for the issuance and repayment of General Obligation Bonds as further described in the recitals to this Resolution.

 

                        “Bond Resolution” shall mean this resolution authorizing issuance of the Bonds, as further amended and supplemented as herein provided.

 

                        “Bond Year” shall mean the one-year period ending on the principal payment date on the Bonds (March 1).

 

                        “Bondholder,” “Registered Owner,” or “Owner” shall mean the Person reflected as registered owner of any of the Bonds on the registration books maintained by the Paying Agent.

 

                        “Business Day” shall mean a day of the year other than a day on which banks located in New York, New York and the cities in which the principal office of the Paying Agent is located are required or authorized to remain closed and on which the New York Stock Exchange is closed.

 

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

 

                        “Costs of Issuance” shall mean all items of expense, directly or indirectly payable or reimbursable and related to the authorization, sale and issuance of the Bonds, including but not limited to printing costs, costs of preparation and reproduction of documents, filing and recording fees, initial fees and charges of any fiduciary, legal fees and charges, if paid by the Issuer, fees and disbursements of consultants and professionals, fees and charges for preparation, execution, transportation and safekeeping of the Bonds, costs and expenses of refunding, and any other cost, charge or fee paid or payable by the Issuer in connection with the original issuance of Bonds.

 

                        “Debt Service” for any period shall mean, as of the date of calculation, an amount equal to the sum of (i) interest payable during such period on Bonds and (ii) the principal amount of Bonds which mature during such period.

 

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

 

                        “Executive Officers” shall mean the President and the Superintendent/Secretary-Treasurer of the Pointe Coupee Parish School Board.

 

                        “Fiscal Year” shall mean the one-year period commencing on July 1 of each year, or such other one-year period as may be designated by the Governing Authority as the fiscal year of the Issuer.

 

                        “Governing Authority” shall mean the Pointe Coupee Parish School Board, State of Louisiana, or its successor in function.

 

                        “Government Securities” shall mean direct general obligations of, or obligations the timely payment of principal of and interest on which are fully and unconditionally guaranteed by, the United States of America, which may be United States Treasury Obligations such as the State and Local Government Series and may be in book-entry form.

 

                        “Interest Payment Date” shall mean April 1 and October 1 of each year, commencing October 1, 2012.

 

                        “Issuer” or “District” shall mean School District No. 10 of Pointe Coupee Parish, State of Louisiana.

 

                        “Outstanding,” when used with reference to the Bonds, shall mean as of any date, all Bonds theretofore issued under the Bond Resolution, except:

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

 

2.         Bonds for the payment or redemption of which sufficient Defeasance Obligations have been deposited with the Paying Agent or an escrow agent   in trust for the owners of such Bonds with the effect specified in Section 11.1 of this Bond Resolution, provided that if such Bonds are to be redeemed, irrevocable notice of such redemption has been duly given or provided for pursuant to the Bond Resolution, to the satisfaction of the Paying Agent, or waived;

 

3.         Bonds in exchange for or in lieu of which other Bonds have been registered and delivered pursuant to the Bond Resolution; and

 

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

 

                        “Paying Agent” shall mean Sabine State Bank, in the city of Many, Louisiana, as paying agent and registrar hereunder, until a successor Paying Agent shall have become such pursuant to the applicable provisions of the Bond Resolution, and thereafter “Paying Agent” shall mean such successor Paying Agent.

 

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

 

                        “Pledged Tax Revenues” shall mean the net avails or proceeds of the unlimited ad valorem tax levied against all assessable properties within the Issuer, as approved by the electorate of the Issuer in an election previously held on April 29, 1995 therein.

 

                        “Purchaser” means Sabine State Bank, Many, Louisiana.

 

                        “Record Date” shall mean, with respect to an Interest Payment Date, the close of business on the fifteenth calendar day of the month in which such Interest Payment Date is due, whether or not such day is a Business Day.

 

                        “Refunded Bonds” shall mean those bonds of the Issuer’s outstanding General Obligation Bonds, Series 2005, dated May 18, 2005 on original issue, maturing April 1, 2013 to April 1, 2020, inclusive, which are being refunded by the Bonds, all as more fully described in Exhibit A hereto.

 

                        “State” shall mean the State of Louisiana.

 

            SECTION 1.2. Interpretation.  In this Bond Resolution, unless the context otherwise requires, (a) words importing the singular include the plural and vice versa, (b) words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders and (c) the title of the offices used in this Bond Resolution shall be deemed to include any other title by which such office shall be known under any subsequently adopted charter.

 

ARTICLE II

 

AUTHORIZATION AND ISSUANCE OF BONDS

 

            SECTION 2.1.  Authorization of Bonds.  This Bond Resolution creates an issue of Bonds to be designated “General Obligation Refunding Bonds, Series 2012 of School District No. 10 of Pointe Coupee Parish, Louisiana” and provides for the full and final payment of the principal or redemption price of, and interest on all the Bonds.

 

                        (a) The Bonds issued under this Bond Resolution shall be issued for the purpose of currently refunding the Refunded Bonds, in order to provide for payment of the principal of, premium, if any, and interest on the Refunded  Bonds as they mature or upon earlier redemption as provided in Section 13.1 hereof.

 

                        (b) Provision having been made for the orderly payment until maturity or earlier redemption of the Refunded Bonds, in accordance with their terms, it is hereby recognized and acknowledged that as of the date of delivery of the Bonds under this Bond Resolution, provision will have been made for the performance of all covenants and agreements of the Issuer incidental to the Refunded Bonds, and accordingly, and in compliance with all that is herein provided, the Issuer is expected to have no future obligation with reference to the aforesaid Refunded Bonds,  and that the Refunded Bonds will be defeased pursuant to the terms of the resolution of the Governing Authority which authorized their issuance, and the Act.

 

            SECTION 2.2. Bond Resolution to Constitute Contract. In consideration of the purchase and acceptance of the Bonds by those who shall own the same from time to time, the provisions of this Bond Resolution shall be a part of the contract of the Issuer with the Owners of the Bonds and shall be deemed to be and shall constitute a contract between the Issuer and the Owners from time to time of the Bonds.  The provisions, covenants and agreements herein set forth to be performed by or on behalf of the Issuer shall be for the equal benefit, protection and security of the Owners of any and all of the Bonds, each of which Bonds, regardless of the time or times of its issue or maturity, shall be of equal rank without preference, priority or distinction over any other thereof except as expressly provided in this Bond Resolution.

 

            SECTION 2.3. Obligation of Bonds.  The Bonds shall be secured by and payable in principal, premium, if any, and interest solely from an irrevocable pledge and dedication of the Pledged Tax Revenues.  The Pledged Tax Revenues are hereby irrevocably and irrepealably pledged and dedicated in an amount sufficient for payment of the Bonds in principal, premium, if any, and interest as they shall become due and payable, and for other purposes hereinafter set forth in this Bond Resolution.  All of the Pledged Tax Revenues shall be set aside in a separate fund as hereinafter provided, and shall be and remain pledged for the security and prompt payment of the Bonds, in principal, premium, if any, and interest and for all other payments provided for in this Bond Resolution until such Bonds shall have been fully paid and discharged.

 

 

            SECTION 2.4.  Authorization and Designation.  (a)  Pursuant to the provisions of the Act, there is hereby authorized the issuance of $1,910,000 principal amount of Bonds to be designated “General Obligation Refunding Bonds of School District No. 10 of Pointe Coupee Parish, State of Louisiana, Series 2012,” for the purpose of currently refunding the Refunded Bonds.  The Bonds shall be in substantially the form set forth in Exhibit C hereto, with such necessary or appropriate variations, omissions and insertions as are required or permitted by the Act and this Bond Resolution.

 


            SECTION 2.5. Authorization of Bonds Maturities.  In compliance with the terms and provisions of the Act, the Issuer is hereby authorized the incurring of an indebtedness of One Million Nine Hundred Ten Thousand Dollars ($1,910,000) for, on behalf of, and in the name of the Issuer, for the purpose of providing funds to refund certain maturities of the Refunded Bonds in accordance with the provisions of the Act.  To represent said indebtedness, this Governing Authority does hereby authorize the issuance of One Million Nine Hundred Ten Thousand Dollars ($1,910,000) of General Obligation Refunding Bonds, Series 2012, of the Issuer.  The Bonds shall be in fully registered form, shall be dated July 24, 2012, the date of delivery, shall be issued in the denomination of One Hundred Thousand Dollars ($100,000) and increments of $5,000 thereafter and shall be numbered from R-1 upward.  The unpaid principal of the Bonds shall bear interest from the date thereof or from the most recent Interest Payment Date to which interest has been paid or fully provided for, payable on each Interest Payment Date, commencing October 1, 2012.  The Bonds shall mature in the years and bear interest at the rates as follows:

 

            Due                              Principal                                   Interest

            (April 1)                       Amount                                       Rate

 

            2013                            $220,000                                 0.600%

            2014                            $210,000                                 1.000%

            2015                            $215,000                                 2.000%

            2016                            $230,000                                 2.200%

            2017                            $240,000                                 2.450%

            2018                            $255,000                                 2.750%

            2019                            $265,000                                 3.000%

            2020                            $275,000                                 3.250%

 

            SECTION 2.6.  The Superintendent/Secretary-Treasurer of the Pointe Coupee Parish School Board is hereby given permission to negotiate the sale the Bonds at interest rates and terms most advantageous to the Issuer.

 

ARTICLE III

 

GENERAL TERMS AND PROVISIONS OF THE BONDS

 

            SECTION 3.1. Exchange of Bonds; Persons Treated as Owners.  The Issuer shall cause books for the registration and for the registration of transfer of the Bonds as provided in this Bond Resolution to be kept by the Paying Agent at its principal corporate trust office, and the Paying Agent is hereby constituted and appointed the registrar for the Bonds.  At reasonable times and under reasonable regulations established by the Paying Agent said list may be inspected and copied by the Issuer or by the Owners (or a designated representative thereof) of 15% of the outstanding principal amount of the Bonds. 

 

            Upon surrender for registration of transfer of any Bond, the Paying Agent shall register and deliver in the name of the transferee or transferees one or more new fully registered Bonds of authorized denomination of the same maturity and like aggregate principal amount. At the option of the Owner, Bonds may be exchanged for other Bonds of authorized denominations of the same maturity and like aggregate principal amount, upon surrender of the Bonds to be exchanged at the principal corporate trust office of the Paying Agent.  Whenever any Bonds are so surrendered for exchange, the Paying Agent shall register and deliver in exchange therefor the Bond or Bonds which the Bondholder making the exchange shall be entitled to receive.  All Bonds presented for registration of transfer or exchange shall be accompanied by a written instrument or instruments of transfer in form and with a guaranty of signature satisfactory to the Paying Agent, duly executed by the Owner or his attorney duly authorized in writing.

 

            No service charge to the Owners shall be made by the Paying Agent for any exchange or registration of transfer of Bonds. The Paying Agent may require payment by the person requesting an exchange or registration of transfer of Bonds of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto.  The Issuer and the Paying Agent shall not be required (a) to issue, register the transfer of or exchange any Bond during a period beginning at the opening of business of the respective Record Date, or any date of selection of Bonds to be redeemed and ending at the close of business on the respective Interest Payment Date or day on which the applicable notice of redemption is given or (b) to register the transfer of or exchange any Bond so selected for redemption in whole or in part.

 

            All Bonds delivered upon any registration of transfer or exchange of Bonds shall be valid obligations of the Issuer, evidencing the same debt and entitled to the same benefits under this Bond Resolution as the Bonds surrendered. Prior to due presentment for registration of transfer of any Bond, the Issuer and the Paying Agent, and any agent of the Issuer or the Paying Agent may deem and treat the person in whose name any Bond is registered as the absolute owner thereof for all purposes, whether or not such Bond shall be overdue, and shall not be bound by any notice to the contrary.

 

            SECTION 3.2.  Bonds Mutilated, Destroyed, Stolen or Lost.  In case any Bond shall become mutilated or be improperly canceled, or be destroyed, stolen or lost, the Governing Authority may in its discretion adopt a resolution and thereby authorize issuance and delivery of a new Bond in exchange for and substitution for such mutilated or improperly canceled Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, upon the Owner (i) furnishing the Issuer and the Paying Agent proof of his ownership thereof and proof of such mutilation, improper cancellation, destruction, theft or loss satisfactory to the Issuer and the Paying Agent, (ii) giving to the Issuer and the Paying Agent an indemnity bond in favor of the Issuer and the Paying Agent in such amount as the Issuer may reasonably require, (iii) compliance with such other reasonable regulations and conditions as the Issuer may prescribe and (iv) paying such expenses as the Issuer and the Paying Agent may incur.  All Bonds so surrendered shall be delivered to the Paying Agent for cancellation pursuant to Section 3.4 hereof.  If any Bond shall have matured or be about to mature, instead of issuing a substitute Bond, the Issuer may pay the same, upon being indemnified as aforesaid, and if such Bond be lost, stolen or destroyed, without surrender thereof any such duplicate Bond issued pursuant to this Section shall constitute an original, additional, contractual obligation on the part of the Issuer, whether or not the lost, stolen or destroyed Bond be at any time found by anyone.  Such duplicate Bond shall be in all respects identical with those replaced except that it shall bear on its face the following additional clause:  “This Bond is issued to replace a lost, canceled or destroyed Bond under the authority of La. R.S. 39:971 through 39:974.”

 

            Such duplicate Bond may be signed by the facsimile signatures of the same officers who signed the original Bonds, provided, however, that in the event the officers who executed the original Bonds are no longer in office, then the new Bonds may be signed by the officers then in office.  Such duplicate Bonds shall be entitled to equal and proportionate benefits and rights as to lien and source and security for payment as provided herein with respect to all other Bonds hereunder, the obligation of the Issuer upon the duplicate Bonds being identical to their obligations upon the original Bonds and the rights of the Owner of the duplicate Bonds being the same as those conferred by the original Bonds.

 

            SECTION 3.3.  Preparation of Definitive Bonds, Temporary Bonds.  Until the definitive Bonds are prepared, the Issuer may execute, in the same manner as is provided in Section 3.5, and deliver, in lieu of definitive Bonds, but subject to the same provisions, limitations and conditions as the definitive Bonds except as to the denominations, one or more temporary typewritten Bonds substantially of the tenor of the definitive Bonds in lieu of which such temporary Bond or Bonds are issued, in authorized denominations, and with such omissions, insertions and variations as may be appropriate to temporary Bonds.

 

            SECTION 3.4.  Cancellation of Bonds.  All Bonds paid or redeemed either at or before maturity, together with all Bonds purchased by the Issuer, shall thereupon be promptly cancelled by the Paying Agent.  The Paying Agent shall thereupon promptly furnish to the Executive Officers an appropriate certificate of cancellation.

 

            SECTION 3.5.  Execution.  The Bonds shall be executed in the name and on behalf of the Issuer by the manual or facsimile signatures of the President and Superintendent/Secretary-Treasurer of the Pointe Coupee Parish School Board, and the corporate seal of the Pointe Coupee Parish School Board (or a facsimile thereof) shall be thereunto affixed, imprinted, engraved or otherwise reproduced thereon.  In case any one or more of the officers who shall have signed or sealed any of the Bonds shall cease to be such officer before the Bonds so signed and sealed shall have been actually delivered, such Bonds may, nevertheless, be delivered as herein provided, and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office.  Said officers shall, by the execution of the Bonds, adopt as and for their own proper signatures their respective facsimile signatures appearing on the Bonds or any legal opinion certificate thereon, and the Issuer may adopt and use for that purpose the facsimile signature of any person or persons who shall have been such officer at any time on or after the date of such Bond, notwithstanding that at the date of such Bond such person may not have held such office or that at the time when such Bond shall be delivered such person may have ceased to hold such office.

 

            SECTION 3.6.  Registration by Paying Agent and Secretary of State.  (a) No Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Bond Resolution unless and until a certificate of registration on such Bond substantially in the form set forth in Exhibit C hereto shall have been duly executed on behalf of the Paying Agent by a duly authorized signatory, and such executed certificate of the Paying Agent upon any such Bond shall be conclusive evidence that such Bond has been executed, registered and delivered under this Bond Resolution.

 

            (b)  The Bonds shall also be registered with the Secretary of State of Louisiana (which registration shall be by manual signature on the Bonds issued upon original issuance of the Bonds and by facsimile signature on Bonds exchanged therefor) and shall have endorsed thereon the following:

 

“OFFICE OF SECRETARY OF STATE

STATE OF LOUISIANA

BATON ROUGE, LOUISIANA

 

This Bond secured by a tax.  Registered on the ___ day of __________, 2012.

 

 

_________________________________

                                                      Secretary of State”

 

            SECTION 3.7.  Regularity of Proceedings.  The Issuer, having investigated the regularity of the proceedings had in connection with issuance of the Bonds, and having determined the same to be regular, each of 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.”

 

ARTICLE IV

 

PAYMENT OF BONDS; DISPOSITION OF FUNDS

 

            SECTION 4.1.  Deposit of Funds With Paying Agent.  The Issuer covenants that it will deposit or cause to be deposited with the Paying Agent from the moneys derived from collection of the Pledged Tax Revenues or other funds available for such purpose, at least one (1) Business Day in advance of the date on which payment of principal, premium, if any, and/or interest falls due on the Bonds, funds fully sufficient to pay promptly the principal, premium, if any, and interest so falling due on such date.

 

            SECTION 4.2.  Issuer Obligated to Collect Tax.  In compliance with the laws of the State, the Issuer, through the Governing Authority, by proper resolutions and/or ordinances is obligated to cause the ad valorem taxes to continue to be assessed, levied and collected for the full period of their authorization or until all of the Bonds have been retired as to both principal and interest, or provision therefor has been made in accordance with the provisions of Section 11.1 hereof, and further the Issuer shall not discontinue or terminate or permit to be discontinued or terminated the ad valorem taxes in anticipation of the collection of which the Bonds have been issued, nor in any way make any change which would adversely effect the amount of the Pledged Tax Revenues to be received by the Issuer until all of the Bonds have been retired as to both principal and interest, or provision therefor has been made in accordance with the provisions of Section 11.1 hereto.

 

            SECTION 4.3.  Funds and Accounts.  In order that principal of and interest on the Bonds will be paid in accordance with their terms and for the other objects and purposes hereinafter provided, the Issuer further covenants as follows:  All avails or proceeds of the ad valorem taxes constituting Pledged Tax Revenues shall be deposited as the same may be collected to the credit of the Issuer, in a separate and special bank account established and maintained with the regularly designated fiscal agent of the Pointe Coupee Parish School Board and designated “School District No. 10 Series 2012 General Obligation Refunding Bond Sinking Fund” (the “Sinking Fund”).  Funds on deposit in the Sinking Fund shall constitute dedicated funds of the Issuer, from which appropriations and expenditures by the Issuer shall be made solely for the purposes of paying the principal of, interest on, and redemption premium, if any, of the Bonds.  Said fiscal agent shall transfer from said Sinking Fund to the paying agent bank or banks for all Bonds payable from said fund, at least one (1) Business Day in advance of each Interest Payment Date, funds fully sufficient to pay promptly the principal and interest so falling due on such date.

 

            All or any part of the moneys in the Sinking Fund shall, at the written request of the Issuer, be invested in Qualified Investments, provided that Bond proceeds representing accrued interest, if any, shall be invested in Government Securities, maturing prior to the first interest payment date of the respective issues of bonds as herein provided.  All income derived from such investments shall be added to the applicable Sinking Fund, and such investments shall, to the extent at any time necessary, be liquidated and the proceeds thereof applied to the purposes for which the Sinking Fund is herein created.

 

 

            SECTION 4.4.  Funds to Constitute Trust Funds.  The Sinking Fund provided for in Section 4.3 hereof shall all be and constitute a trust fund for the purposes provided in this Bond Resolution, and the Owners of Bonds issued pursuant to this Bond Resolution are hereby granted a lien on all such funds until applied in the manner provided herein.  The moneys in such fund shall at all times be secured to the full extent thereof by the bank or trust company holding such funds in the manner required by the laws of the State.

 

            SECTION 4.5.  Method of Valuation and Frequency of Valuation.  In computing the amount in any fund provided for in Section 4.3, investments shall be valued at the lower of cost or market price, exclusive of accrued interest.  With respect to the Sinking Fund valuation shall occur annually.  If any investment in the Sinking Fund ceases to be a Qualified Investment, then such non-conforming investment shall be sold or liquidated and the proceeds thereof invested in Qualified Investments.

 

ARTICLE V

 

REDEMPTION OF BONDS

 

            SECTION 5.1.  Redemption of Bonds.  The Bonds are subject to optional redemption as detailed below, plus accrued interest to the date of redemption.

 

                Redemption Period                                        Price     

                April 1, 2013 to March 31, 2014                   102.00%

                April 1, 2014 to March 31, 2015                   101.25%

                April 1, 2015 to March 31, 2016                   100.75%

                April 1, 2016 and thereafter                          100.00%

 

            SECTION 5.2. Selection of Bonds to be Redeemed by Lot.  If at any time following the initial issuance, and upon redemption of less than all the outstanding Bonds of like maturity, such Bonds shall be redeemed by lot or in such other manner as shall be deemed fair and equitable by the Paying Agent for random selection.

 

            SECTION 5.3. Notice of Redemption.  Notice of any optional redemption shall be given by the Paying Agent by mailing a copy of the redemption notice by first class mal postage prepaid, not less than thirty (30) days prior to the date fixed for redemption, to the Owner of each Bond to be redeemed in whole or in part at the address shown on the registration books maintained by the Paying Agent.  In no event shall any notice of redemption be given to the Owners, other than with respect to the Bonds that are the subject of a refunding unless the Issuer shall have theretofore deposited moneys available therefore with the Paying Agent in an amount which, in addition to other amounts, if any, available therefore held by the Paying Agent, will be sufficient to redeem on the redemption date, at the redemption price thereof together with accrued interest to the redemption date, all of the Bonds to be redeemed.  Failure to give such notice by mailing to any Owner, or any defect therein, shall not affect the validity of any proceedings for the redemption of other Bonds.

 

            All notices of optional redemption shall state (i) the redemption date; (ii) the redemption price; (iii) if less than all the Bonds are to be redeemed, the identifying number (and in the case of partial redemption, the respective principal amounts) and CUSIP number of the Bonds to be redeemed if applicable; (iv) that on the redemption date the redemption price will become due and payable on each such Bond and interest thereon will cease to accrue thereon from and after said date; and (v) the place where such Bonds are to be surrendered for payment.  Any notice mailed as provided in this Section shall be conclusively presumed to have been duly given, whether or not the Owner of such Bonds receives the notice.  On or before any redemption date the Paying Agent shall segregate and hold in trust funds furnished by the Issuer for payment of the Bonds or portions thereof called, together with accrued interest thereon and premium, if any, to the redemption date.  Upon the giving of notice and deposit of funds for redemption, interest on such bonds or portions thereof thus called shall no longer accrue after the date fixed for redemption.  If said moneys shall not be so available on the redemption date, such Bonds shall continue to bear interest until paid at the same rate as they would have borne had they not been called for redemption.  No payment shall be made by the Paying Agent upon any Bond or portion thereof called for redemption until such Bond or portion thereof shall have been delivered for payment or cancellation or the Paying Agent shall have received the items required by Section 3.2 with respect to any mutilated, lost, stolen or destroyed Bond.  Upon surrender of any Bond for redemption in part only, the Paying Agent shall register and deliver to the Owner thereof a new Bond or Bonds of authorized denominations of maturity and interest rate in an aggregate principal amount equal to the unredeemed portion of the Bond surrendered.

 

            SECTION 5.4  Payment of Redeemed Bonds.  Notice having been given in the manner provided in Section 5.3, the Bonds or portions thereof so called for redemption shall become due and payable on the redemption date so designated at the redemption price, plus interest accrued and unpaid to the redemption date, and, upon presentation and surrender thereof at the office specified in such notice, such Bonds or portions thereof shall be paid at the redemption price plus interest accrued and unpaid to the redemption date.

 

            SECTION 5.5.  Purchase of Bonds.  The Paying Agent shall endeavor to apply any moneys furnished by the Issuer for the redemption of Bonds in addition to the Mandatory Sinking Fund Payments in Section 5.1(b) hereof, (but not committed to the redemption of Bonds as to which notice of redemption has been given) to the purchase of appropriate outstanding Bonds.  In accordance with Section 3.4, any Bonds so purchased shall be canceled.  Subject to the above limitations, the Paying Agent, at the direction of the Issuer, shall purchase Bonds at such times, for such prices, in such amounts and in such manner (whether after advertisement for tenders or otherwise) with monies made available by the Issuer for such purpose, provided, however, that the Paying Agent shall not expend amounts for the purchase of Bonds of a particular maturity (excluding accrued interest, but including any brokerage or other charges) in excess of the amount that would otherwise be expended for the redemption of Bonds of such maturity, plus accrued interest, and, provided further, that the Issuer may, in its discretion, direct the Paying Agent to advertise for tenders for the purchase of Bonds not less than sixty (60) days prior to any date for redemption of Bonds.

 

ARTICLE VI

 

PARTICULAR COVENANTS, ADDITIONAL BONDS

 

            SECTION 6.1.  Reserved.

 

            SECTION 6.2.  Payment of Bonds.  The Issuer shall budget in each Fiscal Year sufficient Pledged Tax Revenues to make all payments required by Section 4.3 in such Fiscal Year, and shall also duly and punctually pay or cause to be paid as herein provided, the principal of every Bond and the interest thereon, at the dates and places and in the manner stated in the Bonds according to the true intent and meaning thereof.

 

            SECTION 6.3.  Tax Covenants.  (A) To the extent permitted by the laws of the State, the Issuer will comply with the requirements of the Code to establish, maintain and preserve the exclusion from “gross income” of interest on the Bonds under the Code.  The Issuer shall not take any action or fail to take any action, nor shall they permit at any time or times any of the proceeds of the Bonds or any other funds of the Issuer to be used directly or indirectly to acquire any securities or obligations the acquisition of which would cause any Bond to be an “arbitrage bond” as defined in the Code or would result in the inclusion of the interest on any Bond in “gross income” under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of the proceeds of the Bonds, (ii) the failure to pay any required rebate of arbitrage earnings to the United States of America, or (iii) the use of proceeds of the Bonds in a manner which would cause the Bonds to be “private activity bonds” under the Code.

 

            (B) The Issuer shall not permit at any time or times any proceeds of the Bonds or any other funds of the Issuer to be used, directly or indirectly, in a manner which would result in exclusion of interest on any Bond from the treatment afforded by Section 103(a) of the Code, as from time to time amended, or any successor provision thereto.

 

            (C) For purposes of paragraphs (A) and (B) above, “interest” shall include any original issue discount properly allocable to the holder of a Bond.

 

            (D) The Issuer has found and determined that the Bonds herein authorized may be designated as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Code.

 


            SECTION 6.4.  Obligation to Collect Taxes.  The Issuer recognizes that the Governing Authority is bound under the terms and provisions of law, to levy and impose and cause the enforcement and collection the ad valorem taxes which secure issuance of the Bonds, and to provide for the proper application thereof, until all of the Bonds have been retired as to both principal and interest.  Nothing herein contained shall be construed to prevent the Governing Authority from altering or amending from time to time as may be necessary the resolutions and/or ordinances adopted providing for the levying, imposition, enforcement and collection of the ad valorem taxes or any subsequent resolution and/or ordinance providing therefor, provided that such alterations or amendments shall not be made in any manner which would impair the rights of the Owners from time to time of the Bonds or which would in any way jeopardize the prompt payment of principal thereof and interest thereon.  The resolutions and/or ordinances imposing the ad valorem taxes and pursuant to which the ad valorem taxes are being levied, collected and allocated, and the obligation to continue to levy, collect and allocate the ad valorem taxes and to apply the Pledged Tax Revenues in accordance with the provisions of this Bond Resolution, shall be irrevocable until the Bonds have been paid in full as to both principal and interest, and shall not be subject to amendment in any manner which would impair the rights of the Owners from time to time of the Bonds or which would in any way jeopardize the prompt payment of principal thereof and interest thereon.  More specifically, neither the Legislature of Louisiana, nor the Issuer may discontinue the ad valorem taxes or permit to be discontinued the ad valorem taxes in anticipation of the collection of which the Bonds have been issued or in any way make any change in ad valorem taxes which would diminish the amount of the Pledged Tax Revenues to be received by the Issuer until all of the Bonds shall have been retired as to both principal and interest.

 

            SECTION 6.5.  Indemnity Bonds.  So long as any of the Bonds are outstanding and unpaid, the Issuer shall require all of its officers and employees who may be in a position of authority or in possession of money derived from collection of the ad valorem taxes, to obtain or be covered by a blanket fidelity or faithful performance bond, or independent fidelity bonds written by a responsible indemnity company in amounts adequate to protect the Issuer from loss.

 

            SECTION 6.6.  Issuer to Maintain Books and Records.  So long as any of the Bonds are outstanding and unpaid in principal or interest, the Issuer shall maintain and keep proper books of records and accounts separate and apart from all other records and accounts in which shall be made full and correct entries of all transactions relating to the collection and expenditure of the receipts of the ad valorem taxes, including specifically but without limitation, all reasonable and necessary costs and expenses of collection.  Not later than six (6) months after the close of each Fiscal Year, the Issuer shall cause an audit of such books and accounts to be made by the Legislative Auditor of the State (or his successor) or by a recognized independent firm of certified public accountants showing the receipts of and disbursements made for the account of the Sinking Funds.  Such audit shall be available for inspection upon request by the Owners of any of the Bonds.  The Issuer further agrees that the Paying Agent and the Owners of any of the Bonds shall have at all reasonable times the right to inspect the records, accounts and data of the Issuer relating to the ad valorem taxes.

 

            SECTION 6.7.  Pledged Tax Revenues Not Encumbered.  As of this date, the Pledged Tax Revenues are not pledged or encumbered in any way, except to the payment of the Refunded Bonds and other bonds previously issued by the Issuer.

 

ARTICLE VII

 

SUPPLEMENTAL BOND RESOLUTIONS

 

            SECTION 7.1. Supplemental Resolutions Effective Without Consent of Owners.  For any one or more of the following purposes and at any time from time to time, a resolution and/or ordinance supplemental hereto may be adopted, which, upon filing with the Paying Agent of a certified copy thereof, but without any consent of Owners, shall be fully effective in accordance with its terms:  (a) to add to the covenants and agreements of the Issuer in the Bond Resolution other covenants and agreements to be observed by the Issuer which are not contrary to or inconsistent with the Bond Resolution as theretofore in effect; (b) to add to the limitations and restriction in the Bond Resolution other limitations and restrictions to be observed by the Issuer which are not contrary to or inconsistent with the Bond Resolution as theretofore in effect; (c) to surrender any right, power or privilege reserved to or conferred upon the Issuer by the terms of the Bond Resolution, but only if the surrender of such right, power or privilege is not contrary to or inconsistent with the covenants and agreements of the Issuer contained in the Bond Resolution; (d) to cure any ambiguity, supply any omission, or cure or correct any defect or inconsistent provision of the Bond Resolution; or (e) to insert such provisions clarifying matters or question arising under the Bond Resolution as are necessary or desirable and are not contrary to or inconsistent with the Bond Resolution as theretofore in effect.

 

            SECTION 7.2.  Supplemental Resolutions Effective With Consent of Owners.  Except as provided in Section 7.1, any modification or amendment of the Bond Resolution or of the rights and obligations of the Issuer and of the Owners of the Bonds hereunder, in any particular, may be made by a supplemental resolution, with the written consent of the Owners of a majority of the Bond Obligation at the time such consent is given.  No such modification or amendment shall permit a change in the terms of redemption or maturity of the principal of any outstanding Bond or of any installment of interest thereon or a reduction in the principal amount or the redemption price thereof or in the rate of interest thereon without the consent of the Owner of such Bond, or shall reduce the percentages of Bonds the consent of the Owner of which is required to effect any such modification or amendment, or change the obligation of the Issuer to levy and collect the ad valorem taxes for payment of the Bonds as provided herein, without the consent of the Owners of all of the Bonds then outstanding, or shall change or modify any of the rights or obligations of the Paying Agent without its written assent thereto.  For purposes of this

 

Section, Bonds shall be deemed to be affected by a modification or amendment of the Bond Resolution if the same adversely affects or diminishes the rights of the Owners of said Bonds.

 

ARTICLE VIII

 

PARITY BONDS

 

            SECTION 8.1.  Issuance of Parity of Bonds.  If at any time following the initial issuance, the single Term Bond is reissued in the form of multiple bond certificates, then all of the Bonds shall enjoy complete parity of lien on the Pledged Tax Revenues despite the fact that any of the Bonds may be delivered at an earlier date than any other of the Bonds.  The Issuer may issue other bonds or obligations payable from or enjoying a lien on the Pledged Tax Revenues on a parity with the Bonds only as permitted under the Bond Proposition as determined by Bond Counsel.

 

            The Bonds or any part thereof, including interest and redemption premiums thereon, may be refunded and the refunding bonds so issued shall enjoy complete equality of lien with the portion of the Bonds which is not refunded, if there be any, and the refunding bonds shall continue to enjoy whatever priority of lien over subsequent issues may have been enjoyed by the Bonds refunded.

 

ARTICLE IX

 

REMEDIES ON DEFAULT

 

            SECTION 9.1.  Events of Default.  If one or more of the following events (in this Bond Resolution called Events of Default) shall happen, that is to say,

 

(a) if default shall be made in the due and punctual payment of the principal of any Bond when and as the same shall become due and payable, whether at maturity or otherwise; or

 

(b) if default shall be made in the due and punctual payment of any installment of interest on any Bond when and as such interest installment shall become due and payable; or

 

(c) if default shall be made by the Issuer in the performance or observance of any other of the covenants, agreements or conditions on its part in the Bond Resolution, any supplemental resolution or in the Bonds contained and such default shall continue for a period of forty-five (45) days after written notice thereof to the Issuer by the Owners of not less than 25% of the Bond Obligation (as defined in the Bond Resolution); or

 

(d) if the Issuer shall file a petition or otherwise seek relief under any Federal or State bankruptcy law or similar law;

 

then, upon the happening and continuance of any Event of Default, the Owners of the Bonds shall be entitled to exercise all rights and powers for which provision is made under Louisiana law.  Under no circumstances may the principal or interest of any of the Bonds be accelerated.  All remedies shall be cumulative with respect to the Paying Agent and the Owners; if any remedial action is discontinued or abandoned, the Paying Agent and the Owners shall be restored to the former positions.

 

ARTICLE X

 

CONCERNING FIDUCIARIES

 

            SECTION 10.1.  Paying Agent; Appointment and Acceptance of Duties.  The Issuer will at all times maintain a Paying Agent having the necessary qualifications for the performance of the duties described in this Bond Resolution.  The designation of Sabine State Bank, Many, Louisiana, as the initial Paying Agent is hereby confirmed and approved.  The Paying Agent shall signify its acceptance of the duties and obligations imposed on it by the Bond Resolution by executing and delivering an acceptance of its rights, duties and obligations as Paying Agent set forth herein in form and substance satisfactory to the Issuer.

 

            SECTION 10.2.  Successor Paying Agent.  Any successor Paying Agent shall (i) be a trust company or bank in good standing, located in or incorporated under the laws of the State, duly authorized to exercise trust powers, (ii) have a combined capital, surplus and undivided profits of at least $30,000,000, or assets under management of at least $25,000,000, and (iii) be subject to supervision or examination by Federal or state authority.  No resignation or removal of the Paying Agent shall become effective until a successor has been appointed and has accepted the duties of Paying Agent. 

 

ARTICLE XI

 

MISCELLANEOUS

 

            SECTION 11.1.  Defeasance.  (a) If the Issuer shall pay or cause to be paid to the Owners of all Bonds then outstanding, the principal and interest to become due thereon, at the times and in the manner stipulated therein and in this Bond Resolution, then the covenants, agreements and other obligations of the Issuer to the Bondholders shall be discharged and satisfied.  In such event, the Paying Agent shall, upon the request of the Issuer, execute and deliver to the Issuer all such instruments as may be desirable to evidence such discharge and satisfaction and the Paying Agent shall pay over or deliver to the Issuer any moneys, securities and funds held by it pursuant to the Bond Resolution which are not required for the payment or redemption of Bonds not theretofore surrendered for such payment or redemption.

 

                        (b) Bonds or interest installments for the payment of which sufficient Defeasance Obligations shall have been set aside and held in trust by the Paying Agent or an escrow agent (through deposit by the Issuer of funds for such payment or redemption or otherwise) at a maturity date thereof shall be deemed to have been paid within the meaning and with the effect expressed in paragraph (a) of this Section.

 

                        Any Bond shall, prior to maturity thereof, be deemed to have been paid within the meaning and with the effect expressed in paragraph (a) of this Section if (i) there shall have been deposited with the Paying Agent or an escrow agent Defeasance Obligations, in the amounts and having such terms as are necessary to provide moneys (whether as principal or interest) in an amount sufficient to pay when due the principal thereof, together with all accrued interest and (ii) the adequacy of the Defeasance Obligations so deposited to pay when due the principal and all accrued interest shall have been verified by an independent certified public accountant.

 

                        Neither Defeasance Obligations deposited pursuant to this Section nor principal or interest payments on any such securities shall be withdrawn or used for any purpose other than, and shall be held in trust for, the payment of the principal or redemption price, if applicable, and interest to become due on the Bonds; provided that any cash received from such principal or interest payments on such Defeasance Obligations shall, if permitted by the Code, and to the extent practicable, be reinvested in Defeasance Obligations maturing at times and in amounts sufficient to pay when due the principal or redemption price, if applicable, and interest to become due on said Bonds on and prior to such redemption date or maturity date thereof, as the case may be.

 

            SECTION 11.2.  Evidence of Signatures of Bondholders and Ownership of Bonds. (a) Any request, consent, revocation of consent or other instrument which the Bond Resolution may require or permit to be signed and executed by the Owners may be in one or more instruments of similar tenor, and shall be signed or executed by such Owners in person or by their attorneys-in-fact appointed in writing.  Proof of (i) the execution of any such instrument, or of an instrument appointing any such attorney, or (ii) the ownership by any person of the Bonds shall be sufficient for any purpose of the Bond Resolution (except as otherwise therein expressly provided) if made in the following manner, or in any other manner satisfactory to the Paying Agent, which may nevertheless in its discretion require further or other proof in cases where it deems the same desirable:

 

                        1. The fact and date of execution by any Owner or his attorney-in-fact of such instrument may be proved by the certificate, which need not be acknowledged or verified, of an officer of a bank or trust company or of any notary public or other officer authorized to take acknowledgments of deeds, that the person signing such request or other instrument acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer.  Where such execution is by an officer of a corporation or association or a member of a partnership, on behalf of such corporation, association or partnership, such certificate or affidavit shall also constitute sufficient proof of his authority;

 

                        2. The ownership of Bonds and the amount, numbers and other identification, and date of owning the same shall be proved by the registration books of the Paying Agent.

 

                        (b) Any request or consent by the Owner of any Bond shall bind all future Owners of such Bond in respect of anything done or suffered to be done by the Issuer or the Paying Agent in accordance therewith.

 

            SECTION 11.3.  Moneys Held for Particular Bonds.  The amounts held by the Paying Agent for the payment due on any date with respect to particular Bonds shall, on and after such date and pending such payment, be set aside on its books and held in trust by it, without liability for interest, for the Owners of the Bonds entitled thereto.

 

            SECTION 11.4.  Parties Interested Herein.  Nothing in the Bond Resolution expressed or implied is intended or shall be construed to confer upon, or to give to, any person or corporation, other than the Issuer, the Paying Agent and Owners of the Bonds any right, remedy or claim under or by reason of the Bond Resolution or any covenant, condition or stipulation thereof; and all the covenants, stipulations, promises and agreements in the Bond Resolution contained by and on behalf of the Issuer shall be for the sole and exclusive benefit of the Issuer, the Paying Agent and Owners of the Bonds.

 

            SECTION 11.5.  No Recourse on the Bonds.  No recourse shall be had for payment of principal of or interest on the Bonds or for any claim based thereon or on this Bond Resolution against any member of the Governing Authority or officer of the Issuer or any person executing the Bonds.

            SECTION 11.6.  Successors and Assigns.  Whenever in this Bond Resolution the Issuer are named or referred to, it shall be deemed to include their successors, and assigns and all the covenants and agreements in this Bond Resolution contained by or on behalf of the Issuer shall bind and inure to the benefit of their successors, and assigns whether so expressed or not.

 

            SECTION 11.7.  Subrogation.  In the event the Bonds herein authorized to be issued, or any of them, should ever be held invalid by any court of competent jurisdiction, the Owner or Owners thereof, shall be subrogated to all the rights and remedies against the Issuer had and possessed by the Owner or Owners of the Refunded Bonds.

 

            SECTION 11.8.  Severability.  In case any one or more of the provisions of the Bond 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 the Bond Resolution or of the Bonds, but the Bond 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 of the Bond Resolution which validates or makes legal any provision of the Bond Resolution or the Bonds which would not otherwise be valid or legal shall be deemed to apply to this Bond Resolution and to the Bonds.

 

            SECTION 11.9.  Publication of Bond Resolution; Peremption.  This Bond Resolution shall be published one time in the official journal of the Governing Authority; however, it shall not be necessary to publish any exhibits hereto if the same are available for public inspection and such fact is stated in the publication.  For thirty days after the date of publication, any person in interest may contest the legality of this Bond Resolution, any provision of the Bonds, the provisions therein made for the security and payment of the Bonds and the validity of all other provisions and proceedings relating to the authorization and issuance of the Bonds.  After the said thirty days, no person may contest the regularity, formality, legality or effectiveness of this Bond Resolution, any provisions of the Bonds to be issued pursuant hereto, the provisions for the security and payment of the Bonds and the validity of all other provisions and proceedings relating to their authorization and issuance, for any cause whatever.  Thereafter, it shall be conclusively presumed that the Bonds are legal and that every legal requirement for the issuance of the Bonds has been complied with.  No court shall have authority to inquire into any of these matters after the said thirty days.

 

            SECTION 11.10.  Execution of Documents.  In connection with issuance and sale of the Bonds, the Executive Officers are each authorized, empowered and directed to execute on behalf of the Issuer such documents, certificates and instruments as they may deem necessary, upon the advice of Bond Counsel, to effect the transactions contemplated by this Bond Resolution, the signatures of the Executive Officers on such documents, certificates and instruments to be conclusive evidence of the due exercise of the authority granted hereunder.

 

            SECTION 11.11.  Recordation.  A certified copy of this Bond Resolution shall be filed and recorded as soon as possible in the Mortgage Records of the Parish of Pointe Coupee, State of Louisiana.

ARTICLE XII

 

SALE OF BONDS

 

            SECTION 12.1.  Sale of Bonds. The Bonds are hereby awarded to and sold to the Purchaser, and after their execution, registration by the Secretary of State and authentication by the Paying Agent, the Bonds shall be delivered to the Purchaser or its agents or assigns, upon receipt by the Issuer of the agreed purchase price.  The Executive Officers are hereby authorized, empowered and directed to deliver or cause to be executed and delivered all documents required to be executed on behalf of the Issuer or deemed by them necessary or advisable to implement this Bond Resolution or to facilitate the sale of the Bonds.

 

            The Executive Officers are hereby authorized and directed to take all actions in conformity with the Act, if necessary, or reasonably required to effectuate the issuance, sale and delivery of the Bonds and shall take all action necessary or desirable in conformity with the Act for carrying out, giving effect to and consummating the transactions contemplated by the Bonds, this Bond Resolution, including without limitation, the execution and delivery of any closing documents in connection with the issuance, sale and delivery of the Bonds.  The Executive Officers are specifically authorized to approve such changes to said documents as are necessary and appropriate and not contrary to the general tenor thereof, such approval to be conclusively evidenced by such execution thereof.

 

ARTICLE XIII

 

REDEMPTION OF REFUNDED BONDS

 

            SECTION 13.1.  Call for Redemption.  Subject only to delivery of the Bonds, the Refunded Bonds are hereby irrevocably called for redemption on July 24, 2012, at a redemption price of 100% of the principal amount of each bond so redeemed, and accrued interest to the date of redemption, in compliance with the resolution authorizing their issuance.

 

            SECTION 13.2.  Notice of Redemption.  In accordance with the resolutions authorizing issuance of the Refunded Bonds, notice of redemption in substantially the form attached hereto as Exhibit D, shall be given by means of first class mail (postage prepaid) not less than thirty (30) days prior to the date fixed for redemption, addressed to the registered owner of each bond to be redeemed at his address as shown on the registration books of the Paying Agent for the Refunded Bonds.

 

ARTICLE XIV

 

CONTINUING DISCLOSURE UNDERTAKING

 

            SECTION 14.1.  Disclosure Under SEC Rule 15c2-12.  (a) It is recognized that the Issuer will not be required to comply with the continuing disclosure requirements described in the Rule 15c2-12(b) of the Securities and Exchange Commission (17-CFR Section 240.15c212(b).

 

            SECTION 14.2  Qualified Tax-Exempt Obligations.  The Bonds are designated as “qualified tax-exempt obligations” within the meaning of Section 265(b)(3) of the Code.  In making this designation, the Issuer finds and determines that:

 

                        (a)        the Bonds are not “private activity bonds” within the meaning of the Code; and

 

                        (b)        the reasonably anticipated amount of qualified tax-exempt obligations which will be issued by the Issuer and all subordinate entities in calendar year 2012 does not exceed $10,000,000.

 

This Resolution having been submitted to a vote, the vote thereon was as follows:

 

            YEAS:             Chad Aguillard, Frank Aguillard, Brandon Bergeron, James

                                    Cline, Leslie Grezaffi, Kevin Hotard, Anita LeJeune and

                                    Thomas Nelson

 

            NAYS:             0         

 

            ABSENT:        0         

 

            NOT VOTING:           0         

 

And the Resolution was declared adopted on this, the 28th day of June, 2012.

 

____/s/______________________                                                                             ____/s/___________________

Linda D. D’Amico                                                                                                     Brandon J. Bergeron, President

Superintendent/Secretary-Treasurer

 

STATE OF LOUISIANA

 

PARISH OF POINTE COUPEE

 

 

                        I, Linda D. D’Amico certify that I am the duly qualified and acting Superintendent/Secretary-Treasurer of Public Schools for the Parish of Pointe Coupee, Louisiana, and as such, Ex-Officio  Secretary of the Pointe Coupee Parish School Board, governing authority of Pointe Coupee Parish School Board of Pointe Coupee Parish,

                        I further certify that the foregoing is a true and correct copy of an excerpt from the minutes of a public meeting of the Pointe Coupee Parish School Board, held on June 28, 2012, 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 Pointe Coupee Parish School Board, Pointe Coupee Parish, Louisiana, on this, the 28th day of June, 2012.

 

____________/s/_____________________

Linda D. D’Amico, Superintendent/Secretary-Treasurer

 

                                                                                                                        [S E A L]                             

 

Exhibits to the Resolution are available for inspection at the office of the Pointe Coupee Parish School Board, State of Louisiana during normal business hours.

 

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Consent Agenda

 

The following items are considered to be routine and are enacted with one motion.  There will be no separate discussion of items unless a member of the School Board so requests, in which the item will be removed from the consent agenda and considered as an item on the regular agenda for a separate vote.

 

Mr. Thomas Nelson made a motion, seconded by Mrs. Leslie Grezaffi, to approve the following consent agenda items.  The motion carried.

 

·        Approval of the minutes from the regular School Board meeting of Thursday, May 24, 2012.

·        Approval of the special School Board meeting minutes of Tuesday, June 19, 2012.

·        Approval of the Executive Committee meeting minutes of Thursday, June 21, 2012.

 

End of Consent Agenda

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Head Start Supervisor’s Monthly Report.   Mrs. Karen Shaw, Supervisor of Head Start, mentioned that an application was submitted for one time funds.  She provided updated information regarding slots (accepted, waiting, applied, returning) at each school.  Mrs. Shaw stated that starting two months earlier than last year resulted in a better round up recruitment for the 2012-2013 upcoming school year. She credited her staff for their assistance with regard to roundup enrollment as there are 126/153 slots already filled.  The Head Start program in our public school system has just completed its third year of operation and is approaching its fourth year; a health fair is scheduled for August 2, 2012. Mr. Chad Aguillard expressed an interest in seeing data regarding the performance of students that were initially enrolled in Head Start and are now entering the 2012-2013 first grade class. He mentioned that he is confident that positive results are being achieved with regard to the Head Start Program being operated by the Pointe Coupee Parish School Board.  Mrs. Shaw mentioned that money was received regarding Cost Of Living Allowance (COLA) funds; she also made application for $179,000 in additional funding.  If approval is received, additional funds will be used to purchase new computers, cameras, In Focus projectors, thematic units and books, etc. to support school readiness and family engagement initiatives.

 

Mr. Thomas Nelson made a motion, seconded by Mr. Kevin Hotard, to accept the Head Start Supervisor’s monthly report.  The motion carried.

 

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Approval of Attendance Area Selection for Title I & Title II.  Every year, school districts are required to approve NCLB’s attendance area selection which determines school allocations through Title I and Title II.  This year, all public schools in Pointe Coupee are eligible to receive Title I funds due to 75% or higher free and reduced meal status.  Livonia High School will not be 100% funded by Title I funds because part of their allotment will come from Educational Excellence Funds; Title I will fund 50% of their total allocation.  All schools, with the exception of Valverda Elementary, received a decreased in allocation due to the student shift in population to the Valverda area and the reduction in total funding from the federal government.  The district will have carryover funds (funds not expended by June 2012, for the school year 11-12, and must be allocated by September 30, 2012) will be reserved in case of federal sequestration.  Title I would lose $92,736.28 and Title II would lose $22,380.30 if federal sequestration is allowed to go into effect.

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Added Agenda Item.   On a motion by Mr. Thomas Nelson, seconded by Mr. Kevin Hotard, the Board voted unanimously to add the following item to the agenda:

 

Discussion and/or Action Regarding Participation in the Teacher Incentive Fund Grant.

Nicole Honore, LA TIF Grant Coordinator at the Louisiana Department of Education, sent correspondence regarding the opportunity for our school district to partner in the Louisiana Department of Education (LDOE) led proposal for the Teacher Incentive Fund (TIF4) Grant.  The TIF4 program is designed to provide financial support to develop and implement sustainable performance-based compensation systems (PBCS) for teachers, principals and other personnel in high-need schools in order to increase educator effectiveness and student achievement in those schools.  If granted, this will enhance and expand the positive impact that TAP (The System for Teacher and Student Advancement) is having in schools across our state.  The only schools eligible to participate in the TIF4 Grant competition are Valverda Elementary and Livonia High School, since schools currently being served (Rosenwald, UPCE and Rougon) by a TIF grant are ineligible to be targeted schools within this grant.  If the Pointe Coupee Parish School Board would like to participate, the TIF4 proposal will have to be submitted by July 9, 2012.  

 

On a motion by Mr. James Cline, seconded by Mr. Kevin Hotard, the Board voted to approve the application process for the TIF4 Grant Competition.  The motion carried.

 

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Discussion and/or Action Regarding Monthly Financial Information.  Mr. Stephen Langlois, Chief Financial Officer, prepared routine monthly financial information for review by members of the School Board. Superintendent D’Amico mentioned that the end of the fiscal year falls on a weekend this year and everyone has been working hard to finalize reports, etc. prior to the June 30, 2012 deadline.  President Bergeron questioned if work is being done toward preparing the 2012-2013 budget for review.  Mr. Langlois informed Mr. Bergeron that he and Superintendent D’Amico are working on the salary aspect of the budget now.

 

Mr. Thomas Nelson made a motion, seconded by Mr. Frank Aguillard, to accept the monthly financial information as presented.  The motion carried.

 

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Approval to Freeze Salaries at the 2010-2011 Step/Rate.    In an effort to be fiscally responsible, one of the cost saving measures considered was to freeze salaries again at the 2010-2011 step/rate, resulting in a general fund savings of $330,000.  Mr. Brandon Bergeron announced that although the Board is unable to do this now, he would like to come up with a plan in the near future to lift the freeze on employees for morale purposes.  

 

On a motion by Mr. Kevin Hotard, seconded by Mr. Frank Aguillard, the Board voted unanimously to approve the employee salary freeze at the 2010-2011 step/rate for cost saving measures.

 

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Adoption of 2012-2013 Salary Schedules.    Superintendent D’Amico mentioned that hourly/substitute rates were also included with the schedules; she reiterated that pay will increase after 20 days in the same class, not 10 days, as previously approved by the School Board.  Also included was information regarding contract/temporary substitute pay for custodians, sweepers, etc.  

 

Mr. Thomas Nelson made a motion, seconded by Mr. Kevin Hotard, to adopt the 2012-2013 salary schedules for employees of the PCPSB, effective July 1, 2012.

 

For informational purposes, Mr. Stephen Langlois, Chief Financial Officer, reported at the Executive Committee meeting that he had attended a Louisiana Association of School Business Officials Conference on June 21, 2012.  At the conference, he was informed that there are many questions that will need to be answered regarding the recent laws that were passed during the 2012 Louisiana Legislative Session (i.e., the effectiveness factor of teacher performance, the development of a new salary schedule etc.).  New compensation models for teacher effectiveness will need to be presented to the State for approval by January 1, 2013; school systems across the State are trying to ascertain how to adequately address these changes.

 

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Bids Awarded for Child Nutrition Program.    Kate Guillory, Supervisor of Child Nutrition, provided standard information regarding bids she had received for bread/bread products, food, staples/ frozen, small equipment, non- food items/supplies, and milk/milk products for the school year 2012-2013 to be considered by the Board. 

 

Board member Frank Aguillard announced that he would like to recuse himself from voting for this particular item.

 

Mr. Kevin Hotard made a motion, seconded by Mrs. Anita LeJeune, to award bids for the Child Nutrition Program, as presented by Ms. Kate Guillory, for the school year 2012-2013.  The motion carried by a 7-1 vote of the Board.

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Personnel Actions.  Mrs. Lisa H. D’Aquila presented personnel actions to be considered for approval and asked if there were any questions.  Board Member Chad Aguillard questioned the status of Personnel Action 16-D that indicated TBA with no effective date of employment for a Principal at Rosenwald Elementary School.  Mrs. D’Aquila deferred to Superintendent D’Amico.  Mrs. D’Amico stated that she is not ready to make an appointment at this time as she was waiting to hear from one of the candidates that had applied and interviewed during the first round of interviews.  Superintendent D’Amico stated that the second round of interviews that will include a writing sample component would have been held; however, many of the members of the Interview Committee had to also attend TAP training.  Therefore, the Committee was unable to meet for second interview session that would provide consideration of a candidate before the June meeting.  Board Member Chad Aguillard adamantly stated that someone needs to be in place as soon as possible as there are a lot of things that a Principal is responsible for at a school. 

 

Mr. Aguillard further questioned if the anticipated projected date of employment of a Principal for Rosenwald Elementary will be decided in July.  Anita LeJeune asked about the interview process.  One of the candidates bailed out and reiterated that most of the leadership team that was involved in the interview process was at TAP training.  Mrs. LeJeune questioned if Superintendent D’Amico felt good about the pool of candidates, or should readvertisement of the position be considered?  Mr. Frank Aguillard stated after July 1, the Board will no longer have to address personnel matters with regard to hiring, etc. due to Act 1 of the 2012 legislative session; he mentioned that he is confident that the Superintendent’s recommendation, with input from the Committee of interviewers, will be carefully considered.  Mr. Chad Aguillard stated that he would like to make a public statement with regard to out of town individuals accepting a position as Principal at Rosenwald Elementary and then leaving.  He mentioned that he is of the opinion that there is a significant weight with regard to a local person having ties to the community.  He further mentioned that we need someone in place that will be able to make needed changes at the school, but love the school and remain there when times get tough.

 

Mrs. D’Aquila announced that although our school system lost some quality teachers, four teachers were lost to the neighboring parish of West Feliciana for a significantly greater salary than Pointe Coupee was able to offer, we have also gained some quality teachers.  An audience member, Mr. Greg Johnson, questioned how many people applied for the position of Principal at Rosenwald Elementary, as he knew of two applicants that were in “our back yard”.  Mrs. D’Aquila stated that 14 people applied for the position.  Superintendent D’Amico announced that the Leadership Team, comprised of individuals that worked with former Principal Taylor at Rosenwald Elementary School, were involved in the interview process. Mr. Chad Aguillard questioned how teachers become Master/Mentor teachers. It was explained that the position of Master and Mentor teachers were advertised; interviews held to make selections.  Two State TAP Personnel assisted with Master Teacher Interviews. Supervisors and School Board Personnel serving on the Principal Interview Committee were all local.  Teachers at the school in which a principal will be hired are asked to respond to a letter stating who the candidates are for principal of their school.  Teachers have been responding, but now one candidate withdrew and the process continues. Parameters regarding the SIG Grant are also considered. Teachers may then respond to the Superintendent regarding selection of a Principal.

 

On a motion by Mr. Kevin Hotard, seconded by Mr. James Cline, the Board voted unanimously to approve the following personnel actions:

 

Retirement:

Alma Epps, teacher, Upper Pointe Coupee Elementary, effective 05.25.12

(Previously, this personnel action was recorded as a resignation; the employee is retiring.)

 

Resignation:

Megan West, Certified Teacher, Upper Pointe Coupee Elementary, effective 05.25.12;

Timothy Humphreys, Certified Teacher, Rosenwald Elementary, effective 05.25.12;

Jeanine Torres, Head Start Teacher, Valverda Elementary, effective 05.25.12;

Ingrid Nelson, Certified Teacher, Rosenwald Elementary, effective 05.25.12;

Miranda Gremillion, Certified Teacher, Rosenwald Elementary, effective 05.25.12;

Bridget Bush, Certified Teacher, Valverda Elementary, effective 05.25.12;

Jill Thibodeaux, Certified Teacher, Valverda Elementary, effective 05.25.12; and

Brandi Chism, Certified Teacher, Livonia High, effective 05.25.12

 

Extended Sick Leave:

Ada Orsak, Lunchroom Manager, Upper Pointe Coupee, effective 03.30.12 - 05.29.12

 

Appointment of Head Start Clerk

L’Kyra Stevenson, effective 07.02.12

 

New Hires:

Meagan Vaccaro, Certified Teacher, Upper Pointe Coupee Elementary, effective 08.06.12;

Jason Little, Certified Teacher, Livonia High School, effective 08.06.12;

Meredith Zepp, Certified Teacher, Livonia High School, effective 08.06.12;

Aiman Bayoumi, Certified Teacher, Livonia High School, effective 08.06.12;

Ginny Langlois-LRCE, Practitioner Teacher, Rosenwald Elementary School, effective 08.06.12;

Marc Hebert, Certified Teacher, Livonia High School, Livonia High School, effective 08.06.12;

Michael Brown-LRCE, Practitioner Teacher, Valverda Elementary, effective 08.06.12;

Rachel Huber-TFA, Practitioner Teacher, Rosenwald Elementary, effective 08.06.12;

Daniel Meekins-TFA, Practitioner Teacher, Rosenwald Elementary, effective 08.06.12;

Sara Butz-TFA, Practitioner teacher, Upper Pointe Coupee Elementary, effective 08.06.12;

Salena Sullivan-TFA, Practitioner Teacher, Upper Pointe Coupee Elementary, effective 08.06.12;

Thomas Griffey-TFA, Practitioner Teacher, Livonia High School, effective 08.06.12;

Maggie Wave-TFA, Practitioner Teacher, Livonia High School, effective 08.06.12;

Brandi Marks Tucker, Certified Teacher, Rougon Elementary School, effective 08.06.12- Master Teacher;

Olivia Guevara, Bi Lingual Paraprofessional, all schools – Title I, effective 08.06.12; and

Wade Lott-LRCE, Practitioner Teacher, Livonia High School, effective 08.06.12.

 

FYI – Transfers:

Karen Barrios from Master Teacher at UPCE to Professional Development Coach at Valverda Elementary, effective 08.06.12;

Pam Babin from Teacher at Valverda Elementary to Sp. Ed. Teacher at UPCE, effective 08.06.12;

Tara Caubarreaux from Teacher at Rougon Elementary to Master Teacher at Rougon Elementary, effective 08.06.12;

Tammy Miller, from Teacher at UPC Elementary/ to Teacher at Rougon Elementary, effective 08.06.12; and

Roberta Averill fromTeacher at Rosenwald Elementary to Teacher at Rougon Elementary, effective 08.06.12

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Consider Cooperative Endeavor Agreement Between Sheriff Beauregard Torres and the Pointe Coupee Parish School Board for a Full-Time School Resource Officer (SRO) at Livonia High; a Part-Time SRO at Valverda Elementary and Rougon Elementary; and Support of the DARE Program in Five Schools.

 

Superintendent D’Amico provided a draft copy of the Cooperative Endeavor Agreement to be considered for the 2012-2013 school year between Sherriff Beauregard Torres, III, and the Pointe Coupee Parish School Board. A cost allocation sheet was attached and it appears that the cost will be approximately the same as it was the previous year, $90,000 (the cost of the School Resource Officer at LHS and 50% of the Dare Officer and a part time School Resource Officer for Rougon and Valverda).  A discussion ensued regarding the percentage of payment for the DARE program in schools, as it was requested of the Sheriff that the School Board pay 5/8 of the cost of the DARE Officer for the five public schools in the parish.  Board Member James Cline questioned if Superintendent D’Amico knew for sure that non-public schools are paying their share for participation in the DARE program.  Mr. Cline was adamant regarding his statement that he is of the opinion that if the Sheriff is providing free DARE program services to the private and parochial schools, the public school system should also receive the DARE program for free from the Sheriff.  Mr. Chad Aguillard questioned the SRO Officer for Rosenwald and Superintendent D’Amico stated that will be working with the mayor to get an officer.  Upper Pointe Coupee Elementary will continue to receive frequent campus visits from the deputy on duty in the area.

 

Mr. Frank Aguillard made a motion, seconded by Mrs. Anita LeJeune, to approve the Cooperative Endeavor Agreement between Sheriff Torres and the Pointe Coupee Parish School Board for a full time School Resource Officer at Livonia High School, a part time School Resource Officer at Valverda and Rougon, and support of the Dare program in our five public schools.

 

Mr. James Cline offered a substitute motion to delay taking action on this item until information is received from the Sheriff regarding the allocation of DARE funding for non-public schools.  Mr. Chad Aguillard seconded the motion.  The substitute motion resulted in the following:

 

YEAS:  Chad Aguillard, James Cline, Leslie Grezaffi, and Thomas Nelson

NAYS:  Frank R. Aguillard, Brandon Bergeron, Kevin Hotard, Anita LeJeune

ABSTENTIONS:  None

 

The substitute motion failed by a vote of 4-4

 

A vote on the original motion made by Mr. Frank Aguillard, seconded by Mrs. Anita LeJeune to approve the Cooperative Endeavor Agreement between Sheriff Torres and the Pointe Coupee Parish School Board for a full time School Resource Officer at Livonia High School, a part time School Resource Officer at Valverda and Rougon, and support of the Dare program in five of the eight public schools, resulted in the following:

 

YEAS:  Chad Aguillard, Frank Aguillard, Brandon Bergeron, Leslie Grezaffi, Kevin Hotard, Anita LeJeune and Thomas Nelson

NAYS:   James Cline

ABSTENTIONS:  None

 

The original motion passed by a 7-1 vote of the Board

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Adoption of the 2012-2013 Student Handbook and Code of Conduct. LaShonda Victorian, Supervisor of Child Welfare and Attendance, prepared and presented a draft copy of the proposed Student Handbook and Code of Conduct for the school year 2012-2013. Ms. Victorian obtained quotes from three printing companies and her recommendation was to use Moran Printing, Inc., the company with the lowest quote for printing the book.  Superintendent D’Amico mentioned that due to time constraints, the handbook will be sent to the printers so that it can be given to the students at the beginning of the school year. Should additional polices and/or changes need to be included in the 2012-2013 handbook, Ms. Victorian will need to provide the information addressing such changes as an addendum to the handbook.  Board Member Cline inquired if baggy pants and zip ties were included; Ms. LaShonda assured him that it is included in the dress code policy.

 

Mr. Chad Aguillard made a motion, seconded by Mr. Frank Aguillard to adopt the 2012-2013 Student Handbook and Code of Conduct as presented by Ms. LaShonda Victorian.  The motion carried.

 

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Permission to Move a Portable Building form Rosenwald Elementary to Livonia High Due to Increase of Special Need Students.   Superintendent D’Amico informed everyone that in the aftermath of Hurricane Katrina, Rosenwald Elementary experienced an influx of students and a building was purchased to accommodate the increased enrollment.  Due to enrollment population shifts, an item was paced on the agenda regarding moving a portable building from the Rosenwald campus for use by transferring students with special needs to Livonia High School.  She mentioned that she has reconsidered and is of the opinion that without a seated principal, it is difficult to decide on campus building needs for the upcoming school year at Rosenwald Elementary.  Notwithstanding, she would like the Board to consider leasing a building to serve the needs of these students.  The set-up cost for the building will be the same.  A used building is approximately $850.00 per month to lease, or $1250.00 per month for a lease purchase agreement for a used building.  She also stated that it is her understanding to enter into a lease purchase agreement would require approval from the Bond Commission and time is of the essence.  Mr. Donald Fuselier, Director of Maintenance and Support Services provided a chart of setup expenses (concrete sidewalk; electrical; fire alarm and intercom; plumbing for sewer and water; ramps and canopy; skirting; miscellaneous, and set up and delivery) to also consider.  Mr. Chad Aguillard expressed his displeasure regarding moving a building from Rosenwald and offered a motion to pull the item.

 

On a motion by Mr. Chad Aguillard, seconded by Mr. Thomas Nelson, this item was pulled from the agenda and the building will remain on the Rosenwald campus.  The motion carried.

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Approval of a 12-Month Lease Agreement Between M/Space and the Pointe Coupee Parish School Board.  Mr. Stephen Langlois stated that an item is on the agenda to consider approval of a 12-month lease agreement between M/Space and the Pointe Coupee Parish School Board for the modular building currently located at Livonia High School.  He reported that this is basically an amendment of the lease agreement that was executed on March 26, 2007 with an expiration date of June 2012.  Mr. Langlois mentioned that extending the lease for 12 months will provide additional time to explore other options that may become available.

 

On a motion by Mr. Thomas Nelson, seconded by Mr. Kevin Hotard, the Board voted unanimously to approve a 12-month lease agreement between M/Space and the Pointe Coupee Parish School Board for the modular building currently located at Livonia High School.

 

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Added Agenda Item. Mr. Thomas Nelson made a motion to add an item to the agenda allowing authorization for the Superintendent to lease a building for Livonia High School, rather than moving the building from Rosenwald Elementary School.  The motion was seconded by Mr. James Cline.  The motion carried.

 

 

Authorization Allowing Superintendent to Lease a Building for Livonia High School.    Mr. James Cline made a motion to authorize the Superintendent to enter into a maximum of a one year lease for a portable building at Livonia High School to accommodate special need students due to an increase in enrollment.  The motion was seconded by Mr. Thomas Nelson.  The motion carried.

 

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Bids Awarded for Janitorial/Paper Supplies for the 2012-2013 School Session.  Donald Fuselier, Director of Maintenance and Support Services, provided information regarding the bid opening for janitorial and paper supplies held on June 5, 2012, at 11:30 a.m.  Of the 10 bids mailed, 7 bids were received and opened by the Bid Opening Committee consisting of Mr. Fuselier and his secretary, Yvonne David.  The low bidders were as follows:  Broussard Paper, Inc. $3,994.44; Calico Industries $ 4,542.06; Economical Janitorial & Paper Supplies, Inc. $19,658.82; and Sayes Office Supply $70.00.

 

Board Member Frank Aguillard stated that he would like to recuse himself from voting on this particular item. 

 

Mr. Thomas Nelson made the motion to accept the low bidders for janitorial/paper supplies for the school session 2012-2013.  Mr. Chad Aguillard seconded the motion.  The motion passed by a 7-1 vote of the Board.

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Consider Revisions to Policies BH, ABD, CED, GBA, GBC, GBD, GBE, GBG, GBL, GBN, GBNA, the addition of CEI and the deletion of CGC and CEB.   Forethought Consulting, Inc., the Pointe Coupee Parish School Board’s Policy Service, provided recommended changes to policies resulting from the statutory changes passed by Act 1 of the 2012 Legislative Session for consideration of adoption. Superintendent D’Amico stated that the policy proposals were sent to Attorney Hammonds for his review prior to consideration of adoption. The Pointe Coupee Parish School Board’s Policy Review Committee also met to review policies BH, ABD, CED, GBA, GBC, GBD, GBE, GBG, GBL, GBN, GBNA, the addition of CEI and the deletion of CGC and CEB.  After their review, the Committee agreed with the policies as proposed by Forethought, to include suggested amendments as stated in correspondence received from Attorney Hammonds, with the exception of policies CEI and GBC, until further review of the recommended suggestions of the Committee are made by Mr. Hammonds.  Policies CEI and GBC will be revisited at the School Board meeting in July.

 

Mr. Thomas Nelson made a motion to accept the Committee’s recommendation to adopt revisions to policies BH, ABD, CED, GBA, GBD, GBE, GBG, GBL, GBN, GBNA, and the deletion of CGB and CEB, as recommended by the Policy and Procedures’ Committee.  The motion was seconded by Mr. Kevin Hotard.  The motion carried. 

 

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Remarks from the Superintendent. Mrs. D’Amico reminded everyone that the Executive Committee will meet on July 12, 2012 and the regular meeting will be July 19, 2012.  She wished everyone a great 4th of July Independence holiday.

 

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Adjournment.    On a motion by Mr. Thomas Nelson, seconded by Mrs. Anita LeJeune, the meeting adjourned at 6:53 p.m.

 

___________________________

Brandon Bergeron, President

 

___________________________

Linda D. D’Amico, Superintendent