PROCEEDINGS OF THE ST. JOHN THE BAPTIST PARISH SCHOOL BOARD
RESERVE, LA – MEETING OF MAY 7, 2015
ITEM 1: The Chair called the meeting to order and read the following call:
HONORABLE MEMBERS OF THE SCHOOL BOARD
Parish of St. John the Baptist
Dear Board Member:
Upon call of the President, the St. John the Baptist Parish School Board will meet in regular session at Godchaux Grammar Cafeteria, 1600 Highway 44, Reserve, Louisiana, on Thursday, April 16, 2015, at 10:00 a.m.
An agenda for the meeting is attached.
Sincerely, s/Kevin R. George
Superintendent/Secretary
The Chair called for the invocation, followed by the Pledge of Allegiance.
ITEM 2. ROLL CALL OF MEMBERS:
PRESENT: Jack, Burl, Keller, Sanders, Wise, Wallace, Nicholas, Triche, Jones
ABSENT: DeFrancesch, Johnson
There were 9 members present, 2 absent.
ITEM 3. APPROVAL OF MINUTES:
ITEM 3a. Meeting of April 16, 2015.
MOTION BY: Wallace
SECOND BY: Wise
MOTION: To approve the minutes of the meeting of April 16, 2015.
No objections.
The motion carried.
ITEM 4. SUPERINTENDENT’S REPORT
Mr. George reminded everyone that the student’s last day of school is May 21, 2015.
ITEM 5. EDUCATIONAL PRESENTATIONS AND RECOGNITIONS BY THE BOARD OR STAFF
ITEM 5a. Ms. Heidi Trosclair – Presentation on Graduation Rate, ACT Scores and College Entrance
Ms. Trosclair presented the following PowerPoint
Mrs. DeFrancesch arrived at 10:09 a.m. and was recorded as present.
ITEM 6. PERSONNEL MATTERS - None
Mr. Johnson arrived at 10:27 a.m. and was recorded as present.
ITEM 7. BUSINESS AND FINANCE
ITEM 7a. Mr. Hugh Martin/Mr. Felix Boughton - To consider and take action with respect to adopting a resolution providing for the opening and tabulation of the sealed and electronic bids received for the purchase of $10,380,000 of General Obligation School Bonds, Series 2015 of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, and providing for other matters in connection therewith.
MOTION BY: Triche
SECOND BY: Entire Board
MOTION: To adopt a resolution providing for the opening and tabulation of the sealed and electronic bids received for the purchase of $10,380,000 of General Obligation School Bonds, Series 2015 of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, and providing for other matters in connection therewith.
No objections.
Upon roll call, there were:
11 Yeas – Jack, Burl, Keller, Sanders, DeFrancesch, Johnson, Wise, Wallace, Nicholas, Triche, Jones
0 Nays
0 Absent
The motion carried.
ITEM 7b. Mr. Hugh Martin/Mr. Felix Boughton - To consider and take action with respect to adopting a resolution accepting the low bid for the purchase of $10,380,000 of General Obligation School Bonds, Series 2015 of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana.
Mr. Martin stated St. John School Board advertised for the sale of bonds and 4 bids were received:
Morgan Stanley & Co., LLC – 3.462%
Robert W. Baird & Co., Inc. – 3.52%
Hutchinson, Shockey, Erley & Co. – 3.58%
Piper Jaffray – 3.68%
MOTION BY: Wise
SECOND BY: Entire Board
MOTION: To adopt a resolution accepting the low bid for the purchase of $10,380,000 of General Obligation School Bonds, Series 2015 of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana.
No objections.
Upon roll call, there were:
11 Yeas – Jack, Burl, Keller, Sanders, DeFrancesch, Johnson, Wise, Wallace, Nicholas, Triche, Jones
0 Nays
0 Absent
The motion carried.
*************************************
PROCEEDINGS OF THE PARISH SCHOOL BOARD OF THE PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA, TAKEN AT A SPECIAL MEETING HELD ON THURSDAY, MAY 7, 2015.
The Parish School Board of the Parish of St. John the Baptist, State of Louisiana, met in regular session at Central Office, 118 W. 10th Street, Reserve, Louisiana 70084, on Thursday, May 7, 2015, at ten o'clock (10:00) a.m., Louisiana Time (Central Time).
There were present: Russell Jack, Albert "Ali" Burl, III, Gerald J. Keller, Sherry DeFrancesch, Keith Jones, Phillip Johnson, Russ Wise, Patrick Sanders, Rodney B. Nicholas and Clarence Triche
There was absent: None
The Parish School Board of the Parish of St. John the Baptist, State of Louisiana, was duly convened as the governing authority of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana.
The time having arrived for the sale of $10,380,000 of General Obligation School Bonds, Series 2015, of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana (the "Bonds"), scheduled for ten o'clock (10:00) a.m., prior to the opening and tabulation of bids, the President called upon Mr. J. Hugh Martin of Foley & Judell, L.L.P., Bond Counsel, to advise the Parish School Board (the "Governing Authority") of the Parish of St. John the Baptist, State of Louisiana (the "Parish"), acting as the governing authority of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, as to what action was necessary in order to proceed with the reception of bids and sale of the Bonds.
Mr. Martin then reported to the Governing Authority that the first order of business was to open and tabulate the sealed and electronic bids received for the issue and to formally approve the official Notice of Bond Sale and the Official Statement that was prepared and distributed to the purchaser in connection with the sale of the Bonds. He stated that the Official Statement had been prepared with the assistance of the officials and staff of the Governing Authority and the Assessor's office and other local public officials, and that all members of the Governing Authority had been furnished a copy of the same for their review and approval.
The President then announced that it was time to open and tabulate the sealed and electronic bids received for the purchase of the captioned Bonds, said Bonds having been advertised for sale by virtue of a resolution adopted on March 19, 2015. It was then stated that the Notice of Bond Sale, which had been issued on March 19, 2015, calling for bids for the purchase of the Bonds, had been published in "The Daily Journal of Commerce", Metairie, Louisiana on April 6, 2015, the "L'Observateur", LaPlace, Louisiana, and the "Bond Buyer", New York, New York in their issues of April 8, 2015.
Mr. Martin then confirmed that the Bonds had been assigned a rating of "A+" by Standard and Poor's Corporation.
After calling for bids for the purchase of the Bonds, it was announced that four (4) bids had been received for the purchase of the Bonds.
The following resolution was offered and seconded unanimously:
RESOLUTION
A resolution providing for the opening and tabulation of the sealed and electronic bids received for the purchase of Ten Million Three Hundred Eighty Thousand Dollars ($10,380,000) of General Obligation School Bonds, Series 2015, of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, approving the Official Notice of Bond Sale and Official Statement in connection therewith, and authorizing the President and the Secretary of the Parish School Board to sign copies thereof as evidence of the approval thereof.
BE IT RESOLVED by the Parish School Board of the Parish of St. John the Baptist, State of Louisiana (the "Governing Authority"), acting as the governing authority of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana (the "District"):
SECTION 1. This Parish School Board does now proceed in open and public session to open and tabulate the sealed and electronic bids received for the purchase of Ten Million Three Hundred Eighty Thousand Dollars ($10,380,000) of General Obligation School Bonds, Series 2015, of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, authorized and duly advertised for sale by virtue of a resolution adopted on March 19, 2015.
SECTION 2. The official Notice of Bond Sale and Official Statement prepared in connection with the sale of the aforementioned Bonds, and the information contained therein, are hereby approved by this Governing Authority and the President and the Secretary of the Governing Authority are hereby authorized, empowered and directed to sign copies thereof as evidence of the approval of the District.
This resolution having been submitted to a vote, the vote thereon was as follows:
MEMBERS: YEAS: NAYS: ABSENT: ABSTAINING:
Russell Jack X _____
Albert "Ali" Burl, III X _____
Gerald J. Keller X _____
Sherry DeFrancesch X _____
Keith Jones X _____
Phillip Johnson X _____
Russ Wise X _____
Patrick Sanders X _____
Rodney B. Nicholas X _____
Clarence Triche X _____
And the resolution was declared adopted on this, the 7th day of May, 2015.
/s/ Kevin R. George /s/ Keith Jones
Secretary President
The bids received on May 7, 2015, for the purchase of Ten Million Eighty Hundred Eighty Thousand Dollars ($10,380,000) of General Obligation School Bonds, Series 2015, of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, were thereupon read in public session of the Governing Authority, said bids being based upon the maturity schedule set out in the Official Statement and hereinafter set out in these proceedings, said bids being as follows, to-wit:
BIDDER TIC
Morgan Stanley & Co, LLC 3.462%
Robert W. Baird & Co., Inc. 3.527%
Hutchinson, Shockey, Erley & Co. 3.584%
Piper Jaffray 3.685%
The following resolution was offered and seconded unanimously:
RESOLUTION
A resolution accepting the bid of Morgan Stanley & Co, LLC, of New York, New York, for the purchase of Ten Million Three Hundred Eighty Thousand Dollars ($10,380,000) of General Obligation School Bonds, Series 2015, of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana.
WHEREAS, pursuant to the provisions of a Notice of Bond Sale dated March 19, 2015, published in the manner required by law, and pursuant to the provisions of a resolution adopted by the Parish School Board of the Parish of St. John the Baptist, State of Louisiana, the governing authority of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana (the "Issuer"), bids were solicited for the purchase of Ten Million Three Hundred Eighty Thousand Dollars ($10,380,000) of General Obligation School Bonds, Series 2015, of the Issuer (the "Bonds"), on May 7, 2015; and
WHEREAS, four (4) bids were received for the purchase of the Bonds; and
WHEREAS, this Parish School Board has found and determined and does hereby find and determine that the bid submitted by Morgan Stanley & Co, LLC, of New York, New York (the "Purchaser"), complies with all terms and conditions prescribed by the Notice of Bond Sale and Official Statement; and
WHEREAS, this Parish School Board desires to accept said bid and to take such action as may be necessary to accomplish the delivery of the Bonds to the Purchaser;
NOW, THEREFORE, BE IT RESOLVED by the Parish School Board of the Parish of St. John the Baptist, State of Louisiana (the "Governing Authority"), acting as the governing authority of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana (the "District"), that:
SECTION 1. The bid of the Purchaser for the purchase of the Bonds, a copy of which is annexed hereto as Exhibit A, is hereby accepted and the Bonds are hereby awarded in compliance with the terms of the bid.
SECTION 2. In accordance with the provisions of the Preliminary Official Statement, the acceptance and award of each bid is conditioned on the receipt by wire on or before 3:30 p.m. tomorrow of an amount equal to 1% of the principal amount of the Bonds described in such bid. In the event a good faith deposit for the issue of Bonds is not received timely, this acceptance of such bid and award of the sale of such Bonds shall be void. The amount of the good faith deposit shall be deposited and credited towards the purchase price of the Bonds without regard to any interest earnings thereon.
SECTION 3. When the Bonds have been properly prepared, this Governing Authority is hereby authorized to deliver the Bonds to the Purchaser upon the payment of Ten Million Three Hundred Eighty Thousand Dollars ($10,380,000), plus the stipulated premium, if any, less a credit of $103,800 for the amount of the good faith deposit described above.
SECTION 4. The Governing Authority hereby finds that due diligence has been exercised in preparing the Bonds for sale and in preparing the Official Statement pertaining to the Bonds, and in view of that fact, the President and Secretary of the Governing Authority are hereby authorized and directed to execute and deliver to the successful bidder, as set forth herein, at the time of closing, a certificate which shall be substantially in the form of the certificate annexed hereto as Exhibit B.
SECTION 5. The foregoing resolution shall take effect immediately upon its adoption. This resolution having been submitted to a vote, the vote thereon was as follows:
MEMBERS: YEAS: NAYS: ABSENT: ABSTAINING:
Russell Jack X _____
Albert "Ali" Burl, III X _____
Gerald J. Keller X _____
Sherry DeFrancesch X _____
Keith Jones X _____
Phillip Johnson X _____
Russ Wise X _____
Patrick Sanders X _____
Rodney B. Nicholas X _____
Clarence Triche X _____
And the resolution was declared adopted on this, the 7th day of May, 2015.
/s/ Kevin R. George /s/ Keith Jones
Secretary President
EXHIBIT "A"
EXHIBIT "B"
OFFICIAL STATEMENT CERTIFICATE
I, the undersigned Secretary of the Parish School Board of the Parish of St. John the Baptist, State of Louisiana, with respect to the Official Statement (the "Official Statement") issued regarding the sale of Ten Million Three Hundred Eighty Thousand Dollars ($10,380,000) of General Obligation School Bonds, Series 2015 (the "Bonds"), of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana (the "Issuer"), DO HEREBY CERTIFY:
THAT, at the time of payment for and delivery of the Bonds and at the date hereof, (i) the descriptions and statements, including financial data, of or pertaining to School District No. 1 of the Parish of St. John the Baptist, State of Louisiana (the "Issuer"), on the date of the Preliminary Official Statement, on the date of the Official Statement, on the date of the sale of the Bonds and on the date of the delivery thereof, were and are true in all material respects, and, insofar as such matters are concerned, the Official Statement did not and does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they are made, not misleading, (ii) insofar as the descriptions and statements, including financial data, of or pertaining to governmental and/or non-governmental entities other than the Issuer and its activities, contained in the Official Statement are concerned, such descriptions, statements and data have been obtained from sources which the governing authority of the Issuer believes to be reliable and the said governing authority has no reason to believe that they are untrue or incomplete in any material respect, and (iii) there has been no adverse material change in the affairs of the Issuer between the date of the delivery of the Official Statement and the date of delivery of the Bonds.
SCHOOL DISTRICT NO. 1 OF THE PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA
By:_____________________________________
Secretary, Parish School Board
Dated : ______________, 2015 (Date of Delivery)
The following resolution was offered and seconded unanimously:
RESOLUTION
A resolution authorizing the incurring of debt and issuance of Ten Million Three Hundred Eighty Thousand Dollars ($10,380,000) of General Obligation School Bonds, Series 2015, of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana; prescribing the form, terms and conditions of said Bonds; designating the date, denomination and place of payment of said Bonds; providing for the payment thereof in principal and interest; and providing for other matters in connection therewith.
BE IT RESOLVED by the Parish School Board of the Parish of St. John the Baptist, State of Louisiana, acting as the governing authority of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, that:
SECTION 1) Definitions. As used herein, the following terms shall have the following meanings, unless the context otherwise requires:
"Agreement" means the agreement to be entered into between the Issuer and the Paying Agent pursuant to this Resolution.
"Bond" means any Bonds of the Issuer authorized to be issued by this Resolution, whether initially delivered or issued in exchange for, upon transfer of, or in lieu of any Bond previously issued.
"Bond Register" means the records kept by the Paying Agent at its principal corporate office in which registration of the Bonds and transfers of the Bonds shall be made as provided herein.
"Bonds" means the Issuer's General Obligation School Bonds, Series 2015, authorized by this Resolution, in the total aggregate principal amount of Ten Million Three Hundred Eighty Thousand Dollars ($10,380,000).
"Code" means the Internal Revenue Code of 1986, as amended.
"Executive Officers" means, collectively, the President and the Secretary of the Governing Authority.
"Governing Authority" means the Parish School Board of the Parish of St. John the Baptist, State of Louisiana.
"Government Securities" means direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which are non-callable prior to their maturity, may be United States Treasury obligations such as the State and Local Government Series and may be in book-entry form.
"Insurer" means, with respect to the Bonds, Assured Guaranty Municipal Corp. ("AGM"), a New York stock insurance company, or any successor thereto or assigned thereof..
"Interest Payment Date" means March 1 and September 1 of each year, commencing September 1, 2015.
"Issuer" means School District No. 1 of the Parish of St. John the Baptist, State of Louisiana.
"Municipal Bond Insurance Policy" or "Insurance Policy" shall mean the municipal bond insurance policy issued by the Insurer guaranteeing the scheduled payment of the principal of and interest on the Bonds when due as provided therein.
"Outstanding" when used with respect to Bonds means, as of the date of determination, all Bonds theretofore issued and delivered under this Resolution, except:
1. Bonds theretofore canceled by the Paying Agent or delivered to the Paying Agent for cancellation;
2. Bonds for which payment or redemption sufficient funds have been theretofore deposited in trust for the owners of such Bonds, provided that if such Bonds are to be redeemed, irrevocable notice of such redemption has been duly given or provided for pursuant to this Resolution or waived;
3. Bonds in exchange for or in lieu of which other Bonds have been registered and delivered pursuant to this Resolution;
4. Bonds alleged to have been mutilated, destroyed, lost or stolen which have been paid as provided in this Resolution or by law; and
5. Bonds for the payment of the principal (or redemption price, if any) of and interest on which money or Government Securities or both are held in trust with the effect specified in this Resolution.
"Owner" or "Owners" when used with respect to any Bond means the Person in whose name such Bond is registered in the Bond Register.
"Paying Agent" means Argent Trust Company, N.A., in Ruston, Louisiana, until a successor Paying Agent shall have been appointed pursuant to the applicable provisions of this Resolution and thereafter "Paying Agent" shall mean such successor Paying Agent.
"Person" means any individual, corporation, partnership, joint venture, association, joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof.
"Purchaser" means Morgan Stanley & Co, LLC, of New York, New York, the original purchaser of the Bonds.
"Record Date" for the interest payable on any Interest Payment Date means the 15th calendar day of the month next preceding such Interest Payment Date.
"Resolution" means this resolution authorizing the issuance of the Bonds, as it may be supplemented and amended.
SECTION 2) Authorization of Bonds; Maturities. In compliance with the terms and provisions of Article VI, Section 33 of the Constitution of the State of Louisiana of 1974, Sub-Part A, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and being authorized at a special election held on May 3, 2014, there is hereby authorized the incurring of an indebtedness of Ten Million Three Hundred Eighty Thousand Dollars ($10,380,000) for, on behalf of, and in the name of the Issuer, for the purpose of acquiring and/or improving lands for building sites and playgrounds, including construction of necessary sidewalks and streets adjacent thereto; purchasing, erecting and/or improving school buildings and other school related facilities within and for the District and acquiring the necessary equipment and furnishings therefor, title to which shall be in the public. To represent said indebtedness, this Governing Authority does hereby authorize the issuance of Ten Million Three Hundred Eighty Thousand Dollars ($10,380,000) of General Obligation School Bonds, Series 2015, of the Issuer, authorized at the said election held on May 3, 2014. The Bonds shall be in fully registered form, shall be dated the date of delivery, shall be issued in the denomination of Five Thousand Dollars ($5,000) or any integral multiple thereof within a single maturity 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 duly provided for, payable on each Interest Payment Date, commencing September 1, 2015, at the following rates of interest and shall mature serially on March 1 of each year as follows:
Year Principal Interest Rate Year Principal Interest Rate
(March 1) Maturing Per Annum (March 1) Maturing Per Annum
2016 $345,000 3.000% 2026 $515,000 4.000%
2017 360,000 4.000 2027 535,000 3.000
2018 375,000 4.000 2028 560,000 3.250
2019 390,000 4.000 2029 580,000 3.250
2020 405,000 3.000 2030 605,000 3.375
2021 420,000 4.000 2031 630,000 3.500
2022 440,000 2.000 2032 655,000 3.500
2023 460,000 4.000 2033 685,000 3.625
2024 475,000 4.000 2034 710,000 3.750
2025 495,000 4.000 2035 740,000 3.750
The principal of the Bonds, upon maturity or redemption, shall be payable at the principal corporate trust office of the Paying Agent, upon presentation and surrender thereof, and interest on the Bonds shall be payable by check mailed by the Paying Agent to the Owner (determined as of the close of business on the Record Date) at the address shown on the Bond Register. Each Bond delivered under this Resolution upon transfer of, in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond, and each such Bond shall bear interest (as herein set forth) so neither gain nor loss in interest shall result from such transfer, exchange or substitution.
During any period after the initial delivery of the Bonds in book-entry-only form when the Bonds are delivered in multiple certificates form, upon request of a registered owner of at least $1,000,000 in principal amount of Bonds outstanding, all payments of principal, premium, if any, and interest on the Bonds will be made by wire transfer in immediately available funds to an account designated by such registered owner; CUSIP number identification with appropriate dollar amounts for each CUSIP number will accompany all payments of principal, premium, and interest, whether by check or by wire transfer.
No Bond shall be entitled to any right or benefit under this Resolution, or be valid or obligatory for any purpose, unless there appears on such Bond a certificate of registration, substantially in the form provided in this Resolution, executed by the Paying Agent by manual signature.
SECTION 3) Book-Entry Registration of Bonds. The Bonds shall be initially issued in the name of Cede & Co., as nominee for The Depository Trust Company ("DTC"), as registered owner of the Bonds, and held in the custody of DTC. The Secretary of the Governing Authority or any other officer of the Governing Authority is authorized to execute and deliver a Letter of Representation to DTC on behalf of the Issuer with respect to the issuance of the Bonds in "book-entry only" format. The Paying Agent is hereby directed to execute said Letter of Representation. The terms and provisions of said Letter of Representation shall govern in the event of any inconsistency between the provisions of this Resolution and said Letter of Representation. Initially, a single certificate will be issued and delivered to DTC for each maturity of the Bonds. The Beneficial Owners will not receive physical delivery of Bond certificates except as provided herein. Beneficial Owners are expected to receive a written confirmation of their purchase providing details of each Bond acquired. For so long as DTC shall continue to serve as securities depository for the Bonds as provided herein, all transfers of beneficial ownership interest will be made by book-entry only, and no investor or other party purchasing, selling or otherwise transferring beneficial ownership of Bonds is to receive, hold or deliver any Bond certificate.
Notwithstanding anything to the contrary herein, while the Bonds are issued in book-entry-only form, the payment of principal of, premium, if any, and interest on the Bonds may be payable by the Paying Agent by wire transfer to DTC in accordance with the Letter of Representation.
For every transfer and exchange of the Bonds, the Beneficial Owner may be charged a sum sufficient to cover such Beneficial Owner's allocable share of any tax, fee or other governmental charge that may be imposed in relation thereto.
Bond certificates are required to be delivered to and registered in the name of the Beneficial Owner under the following circumstances:
(a) DTC determines to discontinue providing its service with respect to the Bonds. Such a determination may be made at any time by giving 30 days' notice to the Issuer and the Paying Agent and discharging its responsibilities with respect thereto under applicable law; or
(b) The Issuer determines that continuation of the system of book-entry transfer through DTC (or a successor securities depository) is not in the best interests of the Issuer and/or the Beneficial Owners.
The Issuer and the Paying Agent will recognize DTC or its nominee as the Bondholder for all purposes, including notices and voting.
Neither the Issuer nor the Paying Agent are responsible for the performance by DTC of any of its obligations, including, without limitation, the payment of moneys received by DTC, the forwarding of notices received by DTC or the giving of any consent or proxy in lieu of consent.
Whenever during the term of the Bonds the beneficial ownership thereof is determined by a book entry at DTC, the requirements of this Resolution of holding, delivering or transferring the Bonds shall be deemed modified to require the appropriate person to meet the requirements of DTC as to registering or transferring the book entry to produce the same effect.
If at any time DTC ceases to hold the Bonds, all references herein to DTC shall be of no further force or effect.
SECTION 4) Redemption Provisions. The Bonds maturing on March 1, 2026, and thereafter, will be callable for redemption by the Issuer in full or in part at any time on or after March 1, 2025, and if less than a full maturity, then by lot within such maturity, at the principal amount thereof, plus accrued interest from the most recent Interest Payment Date to which interest has been paid or duly provided for. In the event a Bond to be redeemed is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed. Bonds are not required to be redeemed in inverse order of maturity. Official notice of such call of any of the Bonds for redemption shall be given by means of first class mail, postage prepaid, by notice deposited in the United States mails not less than thirty (30) days prior to the redemption date addressed to the Owner of each Bond to be redeemed at his address as shown on the Bond Register.
SECTION 5) Registration and Transfer. The Issuer shall cause the Bond Register to be kept by the Paying Agent. The Bonds may be transferred, registered and assigned only on the Bond Register, and such registration shall be at the expense of the Issuer. A Bond may be assigned by the execution of an assignment form on the Bond or by other instruments of transfer and assignment acceptable to the Paying Agent. A new Bond or Bonds will be delivered by the Paying Agent to the last assignee (the new Owner) in exchange for such transferred and assigned Bonds after receipt of the Bonds to be transferred in proper form. Such new Bond or Bonds shall be in the denomination of $5,000 or any integral multiple thereof within a single maturity. Neither the Issuer nor the Paying Agent shall be required to issue, register, transfer or exchange (i) any Bond during a period beginning at the opening of business on a Record Date and ending at the close of business on the Interest Payment Date, or (ii) any Bond called for redemption prior to maturity during a period beginning at the opening of business fifteen (15) days before the date of the mailing of a notice of redemption of such Bond and ending on the date of such redemption.
SECTION 6) Form of Bonds. The Bonds and the endorsements to appear thereon shall be in substantially the following forms, respectively, to-wit:
(FORM OF BOND)
Unless this Bond is presented by an authorized representative of the Depository Trust Company, a New York corporation ("DTC"), to the Issuer or their agent for registration of transfer, exchange, or payment, and any Bond issued is registered in the name of CEDE & CO. or in such other name as is requested by an authorized representative of DTC (and any payment is made to CEDE & CO. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, CEDE & CO., has an interest herein.
As provided in the Resolution referred to herein, until the termination of the system of book-entry-only transfers through DTC and notwithstanding any other provision of the Resolution to the contrary, this Bond may be transferred, in whole but not in part, only to a nominee of DTC, or by a nominee of DTC to DTC or a nominee of DTC, or by DTC or a nominee of DTC to any successor securities depository or any nominee thereof.
UNITED STATES OF AMERICA
STATE OF LOUISIANA
PARISH OF ST. JOHN THE BAPTIST
GENERAL OBLIGATION SCHOOL BOND, SERIES 2015
OF
SCHOOL DISTRICT NO. 1 OF THE PARISH
OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA
Maturity Interest Bond CUSIP
Date Rate Date
March 1, _____ ______% ________, 2015 ___________
SCHOOL DISTRICT NO. 1 OF THE PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA (the "Issuer"), promises to pay to:
REGISTERED OWNER: CEDE & CO. (Tax Identification #13-2555119)
PRINCIPAL AMOUNT: ____________________________ DOLLARS
or registered assigns, on the Maturity Date set forth above, the Principal Amount set forth above, together with interest thereon from the Bond Date set forth above or the most recent interest payment date to which interest has been paid or duly provided for, payable on March 1 and September 1 of each year, commencing September 1, 2015 (each an "Interest Payment Date"), at the Interest Rate per annum set forth above until said Principal Amount is paid, unless this Bond shall have been previously called for redemption and payment shall have been duly made or provided for. The principal of and premium, if any, on this Bond, upon maturity or redemption, shall be payable at the principal corporate trust office of Argent Trust Company, N.A., in the City of Ruston, Louisiana, or successor thereto (the "Paying Agent") upon presentation and surrender hereof. Interest on this Bond is payable by check of the Paying Agent mailed by the Paying Agent to the registered owner at the address as shown on the registration books of the Paying Agent maintained for such purpose. The interest so payable on any Interest Payment Date will be paid to the person in whose name this Bond (or one or more predecessor Bonds) is registered at the close of business on the Record Date (which is the 15th calendar day of the month next preceding an Interest Payment Date). Any interest not punctually paid or duly provided for shall be payable as provided in the Resolution (hereinafter defined).
During any period after the initial delivery of the Bonds in book-entry-only form when the Bonds are delivered in multiple certificates form, upon request of a registered owner of at least $1,000,000 in principal amount of Bonds outstanding, all payment of principal, premium, if any, and interest on the Bonds will be paid by wire transfer in immediately available funds to an account designated by such registered owner; CUSIP number identification with appropriate dollar amounts for each CUSIP number must accompany all payments of principal, premium, and interest, whether by check or by wire transfer.
FOR SO LONG AS THIS BOND IS HELD IN BOOK-ENTRY FORM REGISTERED IN THE NAME OF CEDE & CO. ON THE REGISTRATION BOOKS OF THE ISSUER KEPT BY THE PAYING AGENT, AS BOND REGISTRAR, THIS BOND, IF CALLED FOR PARTIAL REDEMPTION IN ACCORDANCE WITH THE RESOLUTION, SHALL BECOME DUE AND PAYABLE ON THE REDEMPTION DATE DESIGNATED IN THE NOTICE OF REDEMPTION GIVEN IN ACCORDANCE WITH THE RESOLUTION AT, AND ONLY TO THE EXTENT OF, THE REDEMPTION PRICE, PLUS ACCRUED INTEREST TO THE SPECIFIED REDEMPTION DATE; AND THIS BOND SHALL BE PAID, TO THE EXTENT SO REDEEMED, (i) UPON PRESENTATION AND SURRENDER HEREOF AT THE OFFICE SPECIFIED IN SUCH NOTICE OR (ii) AT THE WRITTEN REQUEST OF CEDE & CO., BY CHECK MAILED TO CEDE & CO. BY THE PAYING AGENT OR BY WIRE TRANSFER TO CEDE & CO. BY THE PAYING AGENT IF CEDE & CO. AS BOND OWNER SO ELECTS. IF, ON THE REDEMPTION DATE, MONEYS FOR THE REDEMPTION OF BONDS OF SUCH MATURITY TO BE REDEEMED, TOGETHER WITH INTEREST TO THE REDEMPTION DATE, SHALL BE HELD BY THE PAYING AGENT SO AS TO BE AVAILABLE THEREFOR ON SUCH DATE, AND AFTER NOTICE OF REDEMPTION SHALL HAVE BEEN GIVEN IN ACCORDANCE WITH THE RESOLUTION, THEN, FROM AND AFTER THE REDEMPTION DATE, THE AGGREGATE PRINCIPAL AMOUNT OF THIS BOND SHALL BE IMMEDIATELY REDUCED BY AN AMOUNT EQUAL TO THE AGGREGATE PRINCIPAL AMOUNT THEREOF SO REDEEMED, NOTWITHSTANDING WHETHER THIS BOND HAS BEEN SURRENDERED TO THE PAYING AGENT FOR CANCELLATION.
This bond is one of an authorized issue aggregating in principal the sum of Ten Million Three Hundred Eighty Thousand Dollars ($10,380,000) (the "Bonds"), all of like tenor and effect except as to number, denomination, interest rate and maturity, said Bonds having been issued by the Issuer pursuant to a resolution adopted by its governing authority on May 7, 2015 (the "Resolution"), for the purpose of acquiring and/or improving lands for building sites and playgrounds; including construction of necessary sidewalks and streets adjacent thereto; purchasing, erecting and/or improving school buildings and other school related facilities within and for the Issuer, and acquiring the necessary equipment and furnishings therefor, title to which shall be in the public, under the authority conferred by Article VI, Section 33 of the Constitution of the State of Louisiana of 1974, Sub-Part A, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, authorized at an election held on May 3, 2014, the result of which election has been duly promulgated in accordance with law.
The Bonds are issuable only as fully registered bonds in the denomination of $5,000 principal amount or any integral multiple thereof, exchangeable for an equal aggregate principal amount of bonds of the same maturity of any other authorized denomination.
Subject to the limitations of and upon payment of the charges provided in the Resolution, the transfer of this Bond may be registered on the registration books of the Paying Agent upon surrender of this Bond at the principal corporate trust office of the Paying Agent as registrar, accompanied by a written instrument of transfer in form and with guaranty of signature satisfactory to the Paying Agent, duly executed by the registered owner or his attorney duly authorized in writing, and thereupon a new bond or bonds of the same maturity and of authorized denomination or denominations, for the same aggregate principal amount, will be issued to the transferee. Prior to due presentment for registration of transfer of this Bond, the Issuer and the Paying Agent may deem and treat the person in whose name this Bond is registered as the absolute owner hereof for all purposes, whether or not this Bond shall be overdue and neither the Issuer nor the Paying Agent shall be bound by any notice to the contrary.
The Bonds maturing on March 1, 2026, and thereafter, will be callable for redemption by the Issuer in full or in part at any time on or after March 1, 2025, and if less than a full maturity, then by lot within such maturity, at the principal amount thereof, plus accrued interest from the most recent Interest Payment Date to which interest has been paid or duly provided for. In the event a Bond to be redeemed is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed. Bonds are not required to be redeemed in inverse order of maturity. Official notice of such call of any of the Bonds for redemption shall be given by means of first class mail, postage prepaid, by notice deposited in the United States mails not less than thirty (30) days prior to the redemption date addressed to the Owner of each Bond to be redeemed at his address as shown on the Bond Register.
The Resolution permits, with certain exceptions as therein provided, the amendment thereof and the modifications of the rights and obligations of the Issuer and the rights of the owners of the Bonds at any time by the Issuer with consent of the owners of two-thirds (2/3) of the aggregate principal amount of all Bonds issued under the Resolution, to be determined in accordance with the Resolution.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the certificate of registration hereon shall have been signed by the Paying Agent.
This Bond and the issue of which it forms a part constitute general obligations of the Issuer, and the full faith and credit of the Issuer is pledged for the payment of this Bond and the issue of which it forms a part. Said Bonds are secured by a special ad valorem tax to be imposed and collected annually in excess of all other taxes on all the property subject to such taxation within the territorial limits of the Issuer, under the Constitution and laws of Louisiana, sufficient in amount to pay the principal of this Bond and the issue of which it forms a part and the interest thereon as they severally mature.
This Bond and the issue of which it forms a part have been duly registered with the Secretary of State of the State of Louisiana as provided by law.
It is hereby certified, recited and declared that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond and the issue of which it forms a part to constitute the same legal, binding and valid obligations of the Issuer have existed, have happened and have been performed in due time, form and manner as required by law, and that the indebtedness of the Issuer, including this Bond and the issue of which it forms a part, does not exceed the limitations prescribed by the Constitution and statutes of the State of Louisiana.
It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of this State.
IN WITNESS WHEREOF, the Parish School Board of the Parish of St. John the Baptist, State of Louisiana, acting as the governing authority of the Issuer, has caused this Bond to be executed in its name by the facsimile signatures of its President and its Secretary and a facsimile of its corporate seal to be imprinted hereon.
SCHOOL DISTRICT NO. 1 OF THE PARISH OF ST. JOHN THE BAPTIST, STATE OF LOUISIANA
_______________________________ __________________________________
Secretary, Parish School Board President, Parish School Board
(SEAL)
* * * * * *
(FORM OF SECRETARY OF STATE ENDORSEMENT -
TO BE PRINTED ON ALL BONDS)
OFFICE OF SECRETARY OF STATE
STATE OF LOUISIANA
BATON ROUGE
This Bond secured by a tax. Registered on this, the _____ day of ___________, 2015.
Secretary of State
* * * * * *
(FORM OF PAYING AGENT'S CERTIFICATE OF REGISTRATION)
This Bond is one of the Bonds referred to in the within-mentioned Resolution.
Argent Trust Company, N.A.,
Ruston, Louisiana
as Paying Agent
Date of Registration: BY:_________________________________
Authorized Officer
* * * * * * * *
STATEMENT OF INSURANCE
(TO BE INSERTED IN BONDS)
Assured Guaranty Municipal Corp. ("AGM"), New York, New York, has delivered its municipal bond insurance policy (the "Policy") with respect to the scheduled payments due of principal of and interest on this Bond to ARGENT TRUST COMPANY, N.A., Ruston, Louisiana, or its successor, as paying agent for the Bonds (the "Paying Agent"). Said Policy is on file and available for inspection at the principal office of the Paying Agent and a copy thereof may be obtained from AGM or the Paying Agent. All payments required to be made under the Policy shall be made in accordance with the provisions thereof. By its purchase of these Bonds, the owner acknowledges and consents to the subrogation and all other rights of AGM as more fully set forth in the Policy.
* * * * * * * *
(FORM OF ASSIGNMENT)
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto _____________________________________________________________________________
|
Please Insert Social Security or other Identifying Number of Assignee |
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints ________________________________________________________________________________
_____________________________________________ attorney or agent to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises.
Dated: ____________________________________________
NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever.
* * * * * *
(FORM OF LEGAL OPINION CERTIFICATE ‑
TO BE PRINTED ON ALL BONDS)
I, the undersigned Secretary of the Parish School Board of the Parish of St. John the Baptist, State of Louisiana, do hereby certify that the following is a true copy of the complete legal opinion of Foley & Judell, L.L.P., the original of which was manually executed, dated and issued as of the date of payment for and delivery of the original Bonds of the issue described therein and was delivered to Morgan Stanley & Co, LLC, of New York, New York, the original purchaser thereof:
(Bond Printer Shall Insert Legal Opinion)
I further certify that an executed copy of the above legal opinion is on file in my office, and that an executed copy thereof has been furnished to the Paying Agent for this Bond.
(Facsimile) Secretary
* * * * * *
SECTION 7) Execution of Bonds. The Bonds shall be signed by the Executive Officers for, on behalf of, in the name of and under the corporate seal of the Issuer, and the Legal Opinion Certificate shall be signed by the Secretary of the Governing Authority, which signatures and corporate seal may be either manual or facsimile.
SECTION 8) Registration of Bonds. The Bonds shall be registered with the Secretary of State of the State of Louisiana as provided by law and shall bear the endorsement of the Secretary of State in substantially the form set forth herein, provided that such endorsement shall be manually signed only on the Bonds initially delivered to the Purchaser, and Bonds subsequently exchanged therefor as permitted in this Resolution may bear the facsimile signature of said Secretary of State.
SECTION 9) Pledge of Full Faith and Credit. The Bonds shall constitute general obligations of the Issuer, and the full faith and credit of the Issuer is hereby pledged for their payment. This Governing Authority does hereby obligate itself and is bound under the terms and provisions of law and the election authorizing the Bonds to impose and collect annually in excess of all other taxes a tax on all of the property subject to taxation within the territorial limits of the Issuer sufficient to pay the principal of and the interest on the Bonds falling due each year, said tax to be levied and collected by the same officers, in the same manner and at the same time as other taxes are levied and collected within the territorial limits of the Issuer.
SECTION 10) Sinking Fund. For the payment of the principal of and the interest on the Bonds, the Issuer will establish a special fund, to be held by the regularly designated fiscal agent of the Issuer (the "Sinking Fund"), into which the Issuer will deposit the proceeds of the aforesaid special tax and no other moneys whatsoever (other than investment earnings thereon). The depository for the Sinking Fund shall transfer from the Sinking Fund to the Paying Agent at least two (2) days in advance of each Interest Payment Date, funds fully sufficient to pay promptly the principal and interest falling due on such date.
All moneys deposited with the regularly designated fiscal agent bank or banks of the Issuer or the Paying Agent under the terms of this Resolution shall constitute sacred funds for the benefit of the Owners of the Bonds, and shall be secured by said fiduciaries at all times to the full extent thereof in the manner required by law for the securing of deposits of public funds.
All or any part of the moneys in the Sinking Fund shall, at the written request of the Issuer, be invested in accordance with the provisions of the laws of the State of Louisiana, in which event all income derived from such investments shall be added only to the Sinking Fund.
SECTION 11) Application of Proceeds. The Executive Officers are hereby empowered, authorized and directed to do any and all things necessary and incidental to carry out all of the provisions of this Resolution, to cause the necessary Bonds to be printed, to issue, execute and seal the Bonds, and to effect delivery thereof as hereinafter provided. The proceeds derived from the sale of the Bonds, except accrued interest, shall be deposited by the Issuer with its fiscal agent bank or banks to be used only for the purpose for which the Bonds are issued. Accrued interest, if any, derived from the sale of the Bonds shall be deposited in the Sinking Fund to be applied to the first interest payment.
SECTION 12) Bonds Legal Obligations. The Bonds shall constitute legal, binding and valid obligations of the Issuer and shall be the only representations of the indebtedness as herein authorized and created.
SECTION 13) Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer, or its successor, and the Owner or Owners from time to time of the Bonds and any such Owner or Owners may at law or in equity, by suit, action, mandamus or other proceedings, enforce and compel the performance of all duties required to be performed by this Governing Authority or the Issuer as a result of issuing the Bonds.
No material modification or amendment of this Resolution, or of any resolution amendatory hereof or supplemental hereto, may be made without the consent in writing of the Owners of two-thirds (2/3) of the aggregate principal amount of the Bonds then outstanding; provided, however, that no modification or amendment shall permit a change in the maturity or redemption provisions of the Bonds, or a reduction in the rate of interest thereon, or in the amount of the principal obligation thereof, or affecting the obligation of the Issuer to pay the principal of and the interest on the Bonds as the same shall come due from the taxes pledged and dedicated to the payment thereof by this Resolution, or reduce the percentage of the Owners required to consent to any material modification or amendment of this Resolution, without the consent of all of the Owners of the Bonds.
Any amendment or supplement to the Bond Resolution shall be subject to the prior written consent of the Insurer. Any rating agency rating the Bonds must receive notice of each amendment and a copy thereof at least fifteen(15) days in advance of its execution or adoption. The Insurer shall be provided with a full transcript of all proceedings relating to the execution of any such amendment or supplement.
A supplemental resolution, upon the filing with the Paying Agent of a certified copy thereof, shall become fully effective in accordance with its terms.
SECTION 14) Severability; Application of Subsequently Enacted Laws. In case any one or more of the provisions of this Resolution or of the Bonds shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Resolution or of the Bonds, but this 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 provisions enacted after the date of this Resolution which validate or make legal any provision of this Resolution and/or the Bonds which would not otherwise be valid or legal, shall be deemed to apply to this Resolution and to the Bonds.
SECTION 15) Recital of Regularity. This Governing Authority having investigated the regularity of the proceedings had in connection with the Bonds herein authorized and having determined the same to be regular, the Bonds shall contain the following recital, to-wit:
"It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of this State."
SECTION 16) Effect of Registration. The Issuer, the Paying Agent, and any agent of either of them may treat the Owner in whose name any Bond is registered as the Owner of such Bond for the purpose of receiving payment of the principal (and redemption price) of and interest on such Bond and for all other purposes whatsoever, and to the extent permitted by law, neither the Issuer, the Paying Agent, nor any agent of either of them shall be affected by notice to the contrary.
SECTION 17) Notices to Owners. Wherever this Resolution provides for notice to Owners of Bonds of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class postage prepaid, to each Owner of such Bonds, at the address of such Owner as it appears in the Bond Register. In any case where notice to Owners of Bonds is given by mail, neither the failure to mail such notice to any particular Owner of Bonds, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds. Where this Resolution provides for notice in any manner, such notice may be waived in writing by the Owner or Owners entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Owners shall be filed with the Paying Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.
SECTION 18) Cancellation of Bonds. All Bonds surrendered for payment, redemption, transfer, exchange or replacement, if surrendered to the Paying Agent, shall be promptly canceled by it and, if surrendered to the Issuer, shall be delivered to the Paying Agent and, if not already canceled, shall be promptly canceled by the Paying Agent. The Issuer may at any time deliver to the Paying Agent for cancellation any Bonds previously registered and delivered which the Issuer may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent. All canceled Bonds held by the Paying Agent shall be disposed of as directed in writing by the Issuer.
SECTION 19) Mutilated, Destroyed, Lost or Stolen Bonds. If (1) any mutilated Bond is surrendered to the Paying Agent, or the Issuer and the Paying Agent receive evidence to their satisfaction of the destruction, loss or theft of any Bond, and (2) there is delivered to the Issuer and the Paying Agent such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer or the Paying Agent that such Bond has been acquired by a bona fide purchaser, the Issuer shall execute, and upon its request the Paying Agent shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same maturity and of like tenor, interest rate and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, the Issuer may require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Paying Agent) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Bond shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Bond shall be at any time enforceable by anyone and shall be entitled to all the benefits of this Resolution equally and ratably with all other Outstanding Bonds. Any additional procedures set forth in the Agreement, authorized in this Resolution, shall also be available with respect to mutilated, destroyed, lost or stolen Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds.
SECTION 20) Discharge of Resolution; Defeasance. If the Issuer shall pay or cause to be paid, or there shall otherwise be paid to the Owners, the principal (and redemption price) of and interest on the Bonds, at the times and in the manner stipulated in this Resolution, then the pledge of the money, securities, and funds pledged under this Resolution and all covenants, agreements, and other obligations of the Issuer to the Owners of the Bonds shall thereupon cease, terminate, and become void and be discharged and satisfied, and the Paying Agent shall pay over or deliver all money held by it under this Resolution to the Issuer.
Bonds or interest installments for the payment or redemption of which money shall have been set aside and shall be held in trust (through deposit by the Governing Authority of funds for such payment or redemption or otherwise) at the maturity or redemption date thereof shall be deemed to have been paid within the meaning and with the effect expressed above in this Section. Bonds shall be deemed to have been paid, prior to their maturity, within the meaning and with the effect expressed above in this Section if they have been defeased pursuant to Chapter 14-A of Title 39 of the Louisiana Revised Statutes of 1950, as amended, or any successor provisions thereto.
SECTION 21) Successor Paying Agent; Paying Agent Agreement. The Issuer will at all times maintain a Paying Agent meeting the qualifications hereinafter described for the performance of the duties hereunder for the Bonds. The designation of the initial Paying Agent in this Resolution is hereby confirmed and approved. The Issuer reserves the right to appoint a successor Paying Agent by (a) filing with the Person then performing such function a certified copy of a resolution or ordinance giving notice of the termination of the Agreement and appointing a successor and (b) causing notice to be given to each Owner. Every Paying Agent appointed hereunder shall at all times be a bank or trust company organized and doing business under the laws of the United States of America or of any State, authorized under such laws to exercise trust powers, and subject to supervision or examination by Federal or State authority. The Executive Officers are hereby authorized and directed to execute an appropriate Agreement with the Paying Agent for and on behalf of the Issuer in such form as may be satisfactory to said officers, the signatures of said officers on such Agreement to be conclusive evidence of the due exercise of the authority granted hereunder.
The Insurer shall be furnished with written notice of the resignation or removal of the Paying Agent and the appointment of any successor thereto.
SECTION 22) Arbitrage. The Issuer covenants and agrees that, to the extent permitted by the laws of the State of Louisiana, it will comply with the requirements of the Internal Revenue Code of 1986 and any amendment thereto (the "Code") in order to establish, maintain and preserve the exclusion from "gross income" of interest on the Bonds under the Code. The Issuer further covenants and agrees that it will not take any action, fail to take any action, or permit any action within its control to be taken, or 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 in any manner, the effect of which would be to cause the Bonds to be "arbitrage bonds" or would result in the inclusion of the interest on any of the Bonds in gross income under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of Bond proceeds, (ii) the failure to pay any required rebate of arbitrage earnings to the United States of America or (iii) the use of the proceeds of the Bonds in a manner which would cause the Bonds to be "private activity bonds".
The Executive Officers are hereby empowered, authorized and directed to take any and all actions and to execute and deliver any instrument, document or certificate necessary to effectuate the purposes of this Section.
SECTION 23) Post-Issuance Compliance. The Executive Officers and/or their designees are directed to establish written procedures to assist the Issuer in complying with various State and Federal statutes, rules and regulations applicable to the Bonds and are further authorized to take any and all actions as may be required by said written procedures to ensure continued compliance with such statutes, rules and regulations throughout the term of the Bonds.
SECTION 24) Non-Qualified Tax-Exempt Obligations . The Bonds are not designated as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code.
SECTION 25) Execution of Documents. In connection with the 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 Resolution, the signatures of such persons on such documents, certificates and instruments to be conclusive evidence of the due exercise of the authority granted hereunder.
SECTION 26) Publication. A copy of this Resolution shall be published immediately after its adoption in one (1) issue of the official journal of the Issuer.
SECTION 27) Paying Agent Compliance as to Payments Pursuant to the Insurance Policy. As long as the Insurance Policy is in full force and effect, the Issuer and any Paying Agent agree to comply with the following provisions:
(a) At least two (2) Business Days (as defined in the Insurance Policy) prior to each payment date on the Obligations (the "Interest Payment Date"), the Paying Agent, will determine whether there will be sufficient funds in the funds and accounts established under the Resolution to pay all principal of and interest on the Obligations due on such Interest Payment Date and shall immediately notify the Insurer or its designee (the "Fiscal Agent") on the same Business Day by telephone or electronic mail, confirmed in writing by registered or certified mail, of the amount of any deficiency. Such notice shall specify the amount of the anticipated deficiency, the Obligations to which such deficiency is applicable and whether such Obligations will be deficient as to principal or interest or both. If the deficiency is made up in whole or in part prior to or on the Interest Payment Date, the Paying Agent shall so notify the Insurer or its designee.
(b) The Paying Agent, shall after giving notice to the Insurer as provided above, make available to the Insurer and, at the Insurer's direction, to any Fiscal Agent, the registration books of the Issuer maintained by the Paying Agent and all records relating to the funds maintained under the Resolution.
(c) The Paying Agent shall provide the Insurer and any Fiscal Agent with a list of registered owners of Obligations entitled to receive principal or interest payments from the Insurer under the terms of the Policy, and shall make arrangements with the Insurer, the Fiscal Agent or another designee of the Insurer to (i) mail checks or drafts to the registered owners of Obligations entitled to receive full or partial interest payments from the Insurer and (ii) pay principal upon Obligations surrendered to the Insurer, the Fiscal Agent or another designee of the Insurer by the registered owners of Obligations entitled to receive full or partial principal payments from the Insurer.
(d) The Paying Agent, shall, at the time it provides notice to the Insurer of any deficiency pursuant to (a) above, notify registered owners of Obligations entitled to receive the payment of principal or interest thereon from the Insurer (i) as to such deficiency and its entitlement to receive principal or interest, as applicable, (ii) that the Insurer will remit to them all or a part of the interest payments due on the related payment date upon proof of the Holder's entitlement thereto and delivery to the Insurer or any Fiscal Agent, in form satisfactory to the Insurer, of an appropriate assignment of the registered owner's right to payment, (iii) that, if they are entitled to receive partial payment of principal from the Insurer, they must surrender the related Obligations for payment first to the Paying Agent, which will note on such Obligations the portion of the principal paid by the Paying Agent and second to the Insurer or its designee, together with the an appropriate assignment, in form satisfactory to the Insurer, to permit ownership of such Obligations to be registered in the name of the Insurer, which will then pay the unpaid portion of principal, and (iv) that, if they are entitled to receive full payment of principal from the Insurer, they must surrender the related Obligations for payment to the Insurer or its designee, rather than the Paying Agent, together with an appropriate assignment, in form satisfactory to the Insurer, to permit ownership of such Obligations to be registered in the name of the Insurer.
(e) In the event that the Paying Agent has notice that any payment of principal of or interest on a Bond which has become Due for Payment and which is made to a Holder by or on behalf of the Issuer has been deemed a preferential transfer and theretofore recovered from its registered owner pursuant to the United States Bankruptcy Code by a trustee in bankruptcy in accordance with the final, nonappealable order of a court having competent jurisdiction, the Paying Agent shall, at the time the Insurer is notified pursuant to (a) above, notify all registered owners that in the event that any registered owner's payment is so recovered, such registered owner will be entitled to payment from the Insurer to the extent of such recovery if sufficient funds are not otherwise available, and the Paying Agent shall furnish to the Insurer its records evidencing the payments of principal of and interest on the Obligations which have been made by the Paying Agent and subsequently recovered from registered owners and the dates on which such payments were made.
(f) In addition to those rights granted to the Insurer under the Resolution and hereunder, the Insurer shall, to the extent it makes any payment of principal or interest on the Obligations, become subrogated to the rights of the recipients of such payments in accordance with the terms of the Policy, and to evidence such subrogation (i) in the case of claims for past due interest, the Paying Agent shall note the Insurer's rights as subrogee on the registration books of the Issuer maintained by the Paying Agent upon receipt from the Insurer of proof of payment of interest thereon to the registered holders of the Obligations, and (ii) in the case of claims for past due principal, the Paying Agent shall note the Insurer's rights as subrogee on the registration books of the Issuer maintained by the Paying Agent upon surrender of the Obligations together with receipt of proof of payment of principal thereof.
SECTION 28) Continuing Disclosure. The Executive Officers are hereby empowered and directed to execute an appropriate Continuing Disclosure Certificate (substantially in the form set forth in Appendix H of the official statement issued in connection with the sale and issuance of the Bonds) pursuant to S.E.C. Rule 15c2-12(b)(5).
SECTION 29) Section Headings. The headings of the various sections hereof are inserted for convenience of reference only and shall not control or affect the meaning or construction of any of the provisions hereof.
SECTION 30) Effective Date. This Resolution shall become effective immediately.
The foregoing Resolution having been submitted to a vote, the vote thereon was as follows:
MEMBERS: YEAS: NAYS: ABSENT: ABSTAINING:
Russell Jack X _____
Albert "Ali" Burl, III X _____
Gerald J. Keller X _____
Sherry DeFrancesch X _____
Keith Jones X _____
Phillip Johnson X _____
Russ Wise X _____
Patrick Sanders X _____
Rodney B. Nicholas X _____
Clarence Triche X _____
And the resolution was declared adopted on this, the 7th day of May, 2015.
/s/ Kevin R. George /s/ Keith Jones
Secretary President
*************************************
ITEM 7c. Mr. Hugh Martin/Mr. Felix Boughton - To consider and take action with respect to adopting a resolution authorizing the incurring of debt and issuance of $10,380,000 of General Obligation School Bonds, Series 2015, of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, and providing for other matters in connection therewith.
MOTION BY: Nicholas
SECOND BY: Entire Board
MOTION: To adopt a resolution authorizing the incurring of debt and issuance of $10,380,000 of General Obligation School Bonds, Series 2015, of School District No. 1 of the Parish of St. John the Baptist, State of Louisiana, and providing for other matters in connection therewith.
No objections.
Upon roll call, there were:
11 Yeas – Jack, Burl, Keller, Sanders, DeFrancesch, Johnson, Wise, Wallace, Nicholas, Triche, Jones
0 Nays
0 Absent
The motion carried.
Item 7d. Mr. Hugh Martin/Mr. Felix Boughton - To consider and take action with respect to adopting a resolution making application to the State Bond Commission for approval of the issuance by the Parish School Board of the Parish of St. John the Baptist, State of Louisiana, of not exceeding Seven Million Dollars ($7,000,000) of Revenue Anticipation Notes, and providing for other matters in connection therewith.
This item was pulled from the agenda.
ITEM 8. OLD BUSINESS
ITEM 9a. Ms. Page Eschette – Request Approval of Policies: DFL: Cash Management and Investments; DJD: Travel Expense Reimbursement; DJE: Purchasing; ID: Curriculum; IFA: Instructional Materials; IHC: Class Rankings; JBC: School Admission
MOTION BY: Nicholas
SECOND BY: Entire Board
MOTION: To approve policies: DFL: Cash Management and Investments; DJD: Travel Expense Reimbursement; DJE: Purchasing; ID: Curriculum; IFA: Instructional Materials; IHC: Class Rankings; JBC: School Admission
No objections.
11 Yeas – Jack, Burl, Keller, Sanders, DeFrancesch, Johnson, Wise, Wallace, Nicholas, Triche, Jones
0 Nays
0 Absent
The motion carried.
********
DFL: CASH MANAGEMENT AND INVESTMENTS
Strategies for proper cash management and investment of available funds shall be reviewed and evaluated on an annual basis to ensure that investment rules and guidelines expressed in this policy are being followed according to current statutory provisions. The monetary assets of the St. John the Baptist Parish School Board shall be held in trust by the fiduciary (fiduciaries) designated by the School Board. Cash management and the investment of funds shall be managed by the Superintendent and/or his/her designee.
CASH MANAGEMENT
All aspects of cash management operations shall be designed to ensure the absolute safety and integrity of the School Board’s financial assets.
Cash management activities shall be conducted in full compliance with prevailing local, state and federal regulations. Furthermore, such activities shall be designed to adhere to guidelines and standards promulgated by applicable professional organizations.
Operating within appropriately-established administrative and procedural parameters, the School Board shall aggressively pursue optimum financial rewards, while simultaneously controlling its related expenditures. Therefore, cash management functions which engender interaction with outside financial intermediaries shall be conducted in the best financial and administrative interests of the school system. In pursuit of these interests, the School Board shall utilize competitive bidding practices whenever practicable, affording no special financial advantage to any individual or corporate member of the financial or investment community.
The School Board shall authorize the Superintendent and staff to design and enforce written administrative regulations, guidelines, and procedures relating to a variety of cash management issues such as the eligibility or selection of various financial intermediaries, documentation and safekeeping requirements, philosophical and operational aspects of the investment function, and such other functional and administrative aspects of the cash management program which necessitate standard setting in pursuit of appropriate prudent, enhanced protection of assets or procedural improvements.
DEPOSITORY BANK
Louisiana statutes require School Boards to select a fiscal agent for purposes of receiving or depositing funds of the School Board. The bank selected as fiscal agent shall be asked to enter into a fiscal agency contract or such other necessary instruments setting forth the duties, responsibilities, and agreements pertaining to said fiscal agency.
The fiscal agency bank, when selected, shall serve for a term as agreed to by the School Board and until its successor shall have been duly selected and qualified, and shall pledge approved securities, as provided for in the fiscal agency contract subject to the regulations under state law.
PLEDGED SECURITIES
Funds on deposit shall be collateralized in an amount at all times equal to 100% by pledged "approved securities" in accordance with state law to adequately protect the funds of the School Board.
The School Board shall periodically monitor the amount of approved securities to assure that an amount not less than 100% on deposit with the depository bank, less any applicable Federal Deposit Insurance Corporation (FDIC) insurance is pledged.
The bank shall have the right and privilege of substituting approved securities only upon obtaining the prior written approval of the School Board. Such approval may be granted by facsimile transmission. The approved securities shall be valued at their market value.
INVESTMENT OPTIONS
The St. John the Baptist Parish School Board, in accordance with statutory provisions, may invest any funds which are available for investment and are above the immediate cash requirements of the School Board, from whatever source derived, in statutorily sanctioned investments. Types of investments include, but are not limited to, Direct U.S. Treasury obligations, bonds, debentures, notes issued by or guaranteed by federal agencies; bonds, debentures, notes, or other evidence of indebtedness issued by the state of Louisiana or any other state of the United States, or any of the political subdivisions of any state, or by any domestic U.S. corporation, with limited exceptions noted in La. Rev. Stat. Ann. §33:2955; or certificates, or time certificates of deposit in any bank domiciled or having a branch office in Louisiana or any other federally insured investment. The interest earned on any such investment shall be credited to the fund from which the investment was made.
The School Board shall authorize its President and the Superintendent, as treasurer, and the Executive Manager of Finance, and the Business Manager to invest any surplus funds in whatever type deposit that will shall offer the School Board the most favorable rates of interest. The Business Manager shall be responsible for ensuring completion of all paperwork, transferring of funds for cash flow needs, and for the maintenance of all necessary records of current holdings. The investment portfolio shall be managed in accordance with the Louisiana Revised Statutes.
Investments of the School Board shall be guided by the following:
1. Cash management and investment activities shall be conducted in a manner consistent with prudent business practices applied by governmental entities and shall be in compliance with applicable statutes.
2. Funds as determined by the chief financial officer to be in excess of immediate cash requirement shall be invested only in statutorily permitted obligations.
3. Appropriate emphasis in making any investment shall be in the following order:
A. To ensure safety of the principal amount.
B. To ensure liquidity of funds to meet all obligations of the School Board.
C. The yield of the investments.
In no event shall monies be considered available for investment unless and until such funds are determined by the Superintendent or chief financial officer, in the exercise of prudent judgment, to be in excess of the immediate cash requirements of the fund to which the monies are credited. As a criteria in making such a determination, any amount of money exceeding ten thousand dollars which is on demand deposit to the credit of the School Board, or to the credit of any fund and which is not required to meet an obligation for at least forty-five (45) days, or any amount of money exceeding one hundred thousand dollars which is on demand to the credit of the School Board or to the credit of any fund and which is not required to meet an obligation for at least fifteen (15) days shall be construed available for investment.
Interest Earnings
The interest earned on any such investment shall be credited to the fund from which the investment was acquired or it may be applied to the payment of the principal and interest of the outstanding bonded indebtedness of that fund.
LIQUIDATION OF INVESTMENTS
At any time that may be advisable, the School Board may cash or liquidate any of the investments authorized herein which are purchased for any particular fund. The proceeds of any such liquidation shall be credited to the fund from which the authorized investments were originally purchased.
PROHIBITED TRANSACTIONS
The following arrangements are expressly prohibited:
1. Any transactions not specifically authorized by this policy.
2. The purchase of securities on margin.
3. Direct purchases of single family or commercial mortgages.
4. Purchases of foreign bonds.
5. Collateralized mortgage obligations that have been stripped into interest only or principal only obligations.
6. Inverse floaters, or structured notes. For purposes of this section, structured notes shall mean securities of U.S. Government agencies, instrumentalities, or government-sponsored enterprises which have been restructured, modified, and/or reissued by private entities.
Revised: December, 1995
Revised: July, 1996
Revised: October, 1997
Revised: July, 2000
Revised: December, 2009
Revised: December 2, 2010
Revised: November, 2014
Ref: La. Rev. Stat. Ann. §§17:99, 33:2955, 39:1211, 39:1212, 39:1219, 39:1221, 39:1222, 39:1223, 39:1225, 39:1226; Board minutes, 6-6-96, 5-18-00, 12-2-10.
DJD: TRAVEL EXPENSE REIMBURSEMENT
ALL OUT OF PARISH TRAVEL MUST BE PRE-APPROVED BY THE SUPERINTENDENT OR SUPERINTENDENT’S DESIGNEE.
METHODS OF TRANSPORTATION
A. Cost-effective transportation – The most cost-effective method of transportation that will accomplish the purpose of the travel shall be selected.
B. Air – The lowest possible airfare available. The difference between coach/economy class and first class will be paid by the traveler.
C. Personally-owned vehicles – IRS established rate for reimbursement. Note: To be eligible for mileage reimbursement, the exact location must be submitted from departure point and destination point. Mileage reimbursement will not be made if exact locations are not provided.
D. The traveler gets the lesser of the airfare or mileage.
E. Public Ground Transportation (overnight travelers only) – Buses, subways, airport limousines, and taxis are limited to $22 per day without receipts; claims in excess of $22 per day require receipts to account for the total daily amount.
F. Rented Motor Vehicles (overnight travelers only) – Only the cost of a mid-size model is reimbursable (no luxury models will be reimbursed).
LODGING AND MEALS
A. Travelers’ meals- Meals will be reimbursed only if the employee stays overnight and the overnight stay was necessary.
Travelers’ meals (Including tax and tip)
Travelers may be reimbursed up to the following amounts for meals:
|
|
In-State |
Out-of-State |
High Cost * Including New Orleans & Above |
|
Breakfast |
$12 |
$12 |
$16 |
|
Lunch |
$16 |
$18 |
$20 |
|
Dinner |
$24 |
$28 _ |
$38 |
|
Total |
$52 |
$58 |
$74 |
Receipts are not required for routine meals within these allowances.
B. Lodging (rate plus tax, receipt required)
$ 85 In-state (except as listed)
$ 95 Baton Rouge
$105 Bossier City, Lake Charles, Shreveport
$135 New Orleans (Gretna, Kenner, Metairie for lodging only)
$ 95 Out-of-state (except those listed)
*$175 High Cost (Atlanta, Baltimore, Boston, Cleveland, Dallas, Denver, Detroit, Houston, Los Angeles, Miami, Nashville, Oakland CA, Philadelphia, Phoenix, Pittsburgh, Portland OR, San Diego, St. Louis, Seattle, Tampa FL, Wilmington DE, Alaska, Hawaii, and San Francisco)
*$200 Chicago
*$245 New York City, Washington DC, and Arlington/Alexandria VA
C. Conference Lodging (rate plus tax, receipt required)
The rate paid for lodging while attending conferences shall be the quoted rates for hotels participating in the conference. If a hotel participating in the conference is not available, the regular lodging rates apply. Actual lodging rate can be paid if trip is required by the School Board.
D. Parking and related parking expenses
1. Baton Rouge Airport – Maximum $5.00 daily allowance, no receipt required
2. New Orleans Airport – Maximum $15.00 daily allowance, no receipt required
3. Tips for valet parking $1.00 per in and $1.00 per out
4. Daily fees not listed above limited to $10.00 per day without receipts. Actual amounts over $10.00 per day with receipts.
E. Reimbursement for other expenses
1. Phone calls
● Official Business – all costs (receipts required for over $3.00)
● For domestic overnight – up to $5.00 per night personal calls
Revised: April 3, 2014
Ref: La. Rev. Stat. Ann. ''17:56, 32:861 et seq., 32:900; Board minutes, 4-13-05, 4-3-14.
DJE: PURCHASING
All purchasing for the school system to be paid from St. John the Baptist Parish School Board funds shall be made by the Superintendent or his/her designee in conformance with existing regulations and procedures of the School Board and the laws pertinent to state and federal agencies. Budget allocations for specific purposes shall constitute advance Board approval for all purchases except in such cases as state law or School Board policy may require. No debt shall be contracted in the name of the St. John the Baptist Parish School Board without action by the School Board, except those items which are provided for in the regular budget. Purchases shall be made at the lowest possible cost to the school system consistent with the system specifications of quality and service.
Each principal shall assure that purchases by the individual school shall be made in accordance with regulations and procedures developed by the Superintendent and staff.
No employee, officer or agent of the St. John the Baptist Parish School Board shall participate in the selection, award, or administration of a contract if a conflict of interest, real or apparent, would be involved. The St. John the Baptist Parish School Board's employees shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subagreements.
LOCAL PURCHASING
The St. John the Baptist School Board desires to support local businesses, and they shall direct any and all persons responsible for purchasing in the school system to first prioritize local businesses when soliciting pricing for any and all goods and/or services purchased for the school system.
The School Board shall also require that any and all persons responsible for purchasing document their contacts in contact order. With regard to purchases under $2,000, purchasers are to use local businesses if available and document unavailability if using non-local businesses. With regard to quotes for purchases ($2,000 to $20,000), contact order is to be indicated on quote sheets. With regards to bids for purchases ($20,000+), contact order is to be indicated on bid list sheets.
VENDORS
Vendors may set up an appointment to see the principal with written prior approval from the Superintendent. The principal may present the information to the appropriate staff member. If the staff member wishes to set up an appointment with the vendor to discuss products offered, he or she may do so.
FINANCING PURCHASES
The School Board may finance the purchase of equipment or other movable property to be used by the Board by entering into an installment sale, lease, or similar agreement with any lender or other person. Such agreement shall be subject to approval of the State Bond Commission in accordance with statutory provisions. No individual school or employee shall obligate the School Board without proper school system personnel knowledge and approval.
SCHOOL DISTRICT PURCHASING COOPERATIVE
The School Board, as a member, may participate in a school district purchasing cooperative for the purchase of services, materials, equipment, and supplies.
In accordance with solicitations, bids, or proposals put forth by the school district purchasing cooperative, the School Board may purchase services, equipment, materials, and supplies at the prices selected by the cooperative.
SOLE SOURCE PROVIDER
The School Board may award a contract for the purchase of supplies, services, or major repairs without competition when the Superintendent or designated employee has determined, in writing, that there is only one source for the supply, service, or major repair item(s) to be acquired. Pertinent procedures for purchasing such items from a sole source shall be as outlined in the State of Louisiana Office of State Purchasing's Purchasing Rules and Regulations.
USE OF STATE CONTRACT
If equipment, materials or supplies are available from a State of Louisiana Contract, the Superintendent and/or his/her designee may approve the purchase without using one of the purchasing procedures outlined in statutory provisions, if advantageous to the School Board. The School Board may also piggyback, or purchase materials and supplies on valid contracts of other political subdivisions.
COMPETITIVE ONLINE SOLICITATION
The School Board may use a reverse auction or competitive online solicitation process on the Internet for the purchase of equipment, supplies, and other materials in lieu of the more formal bid process when the School Board’s procurement officer determines that the electronic bidding is more advantageous and in the best interests of the School Board.
Prior to the use of a competitive online solicitation process, the School Board may require that:
1. Vendors register before opening dates and time, and as part of the registration, require that the vendors agree to any terms and conditions and other requirements of the solicitation.
2. Vendors be prequalified prior to placing bids and allow only bidders who are prequalified to submit bids.
3. The solicitation shall designate an opening date and time and the closing date and time. The closing date and time may be fixed or remain open depending on the structure of the item being bid.
4. At the opening date and time, the School Board shall begin accepting online bids and continue accepting bids until the bidding is officially closed. Registered bidders shall be allowed to lower the price of their bid below the lowest bid posted on the Internet until the closing date and time.
5. Bidders’ identities shall not be revealed during the bidding process; only the successively lower prices, ranks, scores, and related bid details shall be revealed.
6. All bids shall be posted electronically and updated on a real-time basis.
7. The School Board shall retain the right to cancel the solicitation if it determines that it is in the Board’s best interest.
8. The School Board shall retain its existing authority to determine the criteria that will be used as a basis for making awards.
Adequate public notice for purchases using a reverse auction or competitive online solicitation process shall be given as follows:
1. The advertisement or notice shall be published two (2) times in a newspaper in the locality, the first advertisement to appear at least fifteen (15) days before the opening date of the reverse auction. In addition to the newspaper advertisement, the School Board may also publish an advertisement by electronic media available to the general public.
2. The first publication of the advertisement shall not occur on a Saturday, Sunday, or legal holiday.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
The St. John the Baptist Parish School Board is dedicated to serving the community, including small businesses seeking opportunity for growth. The School Board’s Disadvantaged Business Enterprise (DBE) program intends to help local and small disadvantaged businesses compete in and obtain School Board contracts. The School Board shall assure that all DBE certified businesses who apply to be qualified to bid on School Board contracts are given equal access and assistance to successfully participate in School Board contracts regardless of race, color, national origin, gender identity, sex, age, disability, marital status, sexual orientation, religion or veteran status.
Participation in the DBE program shall be in accordance with the guidelines established by the School Board.
PURCHASE OF BAND UNIFORMS
It shall be the policy of the St. John the Baptist Parish School Board to purchase basic band uniform sets for the high and junior high schools of the school system that have bands. Each of these schools shall be entitled to a set of uniforms equal to the number of students in the band for the preceding year plus an additional ten percent to allow for growth and sizing. The maximum number of uniform sets purchased for any school shall be 110 (band size of 100 students). The uniform sets shall be purchased on a ten-year revolving cycle. Initially the School Board will pay the entire cost of the uniform sets. In subsequent purchases, the School Board will fund only $300 per uniform set, if funds are available. This amount shall be adjusted according to the Consumer Price Index. Costs exceeding this limit shall be the responsibility of the school. The school may choose to reduce the quantity of the uniform sets to affect a cost equal to or lower than the limit.
Each school shall be totally responsible for the upkeep and perpetual inventory of its uniform sets during the years between purchases.
The uniform sets shall be purchased in the following rotation order:
East St. John High School
West St. John High School
Glade School
Leon Godchaux Junior High School
Revised: November, 1999
Revised: January, 2000
Revised: February, 2004
Revised: November, 2011
Revised: November, 2014
Revised: December, 2014
Ref: La. Rev. Stat. Ann. ''33:4712.7, 38:2211, 38:2212, 38:2212.1, 38:2214, 38:2218, 38:2219, 38:2271, 39:1551, 39:1552, 39:1553, 39:1554, 39:1554.1, 39:1556, 39:1557, 39:1558, 39:1597, 39:1710; Board minutes, 9-1-94, 11-18-99, 11-6-03, 9-4-14.
ID: CURRICULUM
The St. John the Baptist Parish School Board has the responsibility to establish and maintain a quality program of instruction for the elementary and secondary schools of the school district.
The Superintendent shall be responsible for coordinating and maintaining the instructional program in accordance with the provisions of the state constitution, state statutes, rules and regulations of the Louisiana Board of Elementary and Secondary Education (BESE), and the policies of the School Board.
The organization and scheduling of subjects in the curriculum of the school district shall conform to BESE requirements and statewide content standards for required subjects. The curriculum shall provide learning experiences and prospective achievement for each child according to their individual needs and offer pupils a basic body of understanding, attitudes, knowledge, and skills.
By the end of the eighth (8th) grade, every student, with the assistance of his/her parent or other legal custodian and school counselor, and for a student with an exceptionality, except a student identified as gifted or talented and who has no other exceptionality, the student’s Individualized Education Program team, if applicable, shall begin to develop an Individual Graduation Plan to guide future academic course work in order for the student to explore education and career possibilities. The plan shall be reviewed annually and updated as necessary to identify the courses to be taken each year until all required core courses are completed. Each student’s Individual Graduation Plan shall be signed by the student, the student’s parent or other legal custodian, and the school counselor.
CAREER MAJOR
The curriculum design within the high schools shall consist of an academic major comprised of college preparatory courses and include a career major comprised of challenging academic courses and modern vocational career and technical studies. Such a curriculum design shall allow each high school student to choose a career option at the high school level, which includes activities designed to introduce students to occupations in demand in Louisiana. The School Board shall develop and offer one or more career major programs aligned to state and regional workforce demands, pursuant to policies adopted by BESE. By the end of the eighth grade each student, with the input of his/her family, shall develop a Five Year Individual Graduation Plan. Such a plan shall include a sequence of courses which is consistent with the stated goals for one year after graduation, and shall be reviewed annually thereafter by the student, parents and school supervisor, and revised as needed.
Every student who seeks to pursue a career major shall have the written permission of his/her parent or other legal guardian. Each student’s Individual Graduation Plan shall be signed by the student and the student’s parent or other legal guardian.
By July 1st of each year, the School Board shall submit to the Louisiana Department of Education a year-end evaluation of each career major program.
ELECTIVES
The Board of Elementary and Secondary Education (BESE) has granted school systems the authority to develop, review, and approve all locally-initiated electives, in accordance with the Louisiana Handbook for School Administrators, Bulletin 741. The process shall ensure alignment with standards-based initiatives, compliance with current BESE policies, and all laws and regulations pertaining to students with disabilities. Electives courses shall enhance, expand, and/or refine the core curriculum. Elective courses shall not replace, duplicate, or significantly overlap the content of core curriculum or other approved electives.
Proper documentation of all approved electives shall be maintained by the School Board.
Revised: December, 1997
Revised: July, 1999
Revised: October, 2001
Revised: December 2, 2010
Revised: October 17, 2013
Revised: September, 2014
Ref: La. Rev. Stat. Ann. §§17:154, 17:181, 17:182, 17:183, 17:183.1, 17:183.2, 17:183.3, 17:183.5, 17:261, 17:262, 17:266, 17:268 17:2925; Louisiana Handbook for School Administrators, Bulletin 741, Louisiana Department of Education; Board minutes, 12-2-10, 10-17-13.
IFA: INSTRUCTIONAL MATERIALS
The St. John the Baptist Parish School Board strongly encourages the utilization of a wide variety of materials and equipment in the instructional program. The selection of media shall be determined by the objectives of the course and the experiences and activities to be provided to meet such objectives. Instructional personnel shall keep abreast of the types of materials and equipment which can contribute toward meeting the goals and objectives of courses. Instructional personnel shall also assist the administration in the selection and purchase of such materials and equipment for the school.
The School Board believes that appropriate personnel and materials must be available for each student. It shall be the policy of the School Board that available system resources be allocated in a manner to ensure equivalence among schools of a similar type and enrollment in: (1) teachers, administrators and auxiliary personnel; and (2) curriculum materials and instructional supplies.
PARENTAL ACCESS TO INSTRUCTIONAL MATERIALS
A parent of a child attending a public elementary or secondary school shall be entitled to access to instructional materials as provided by law. A parent shall be entitled to:
1. Review instructional materials used by or administered to the parent's child.
2. Review any survey before the survey is administered or distributed by a school to a student.
The Superintendent and/or his/her designee shall develop and maintain pertinent administrative regulations and procedures governing parental access to instructional materials. At a minimum, such regulations and procedures shall specify reasonable hours for review, that instructional materials shall be provided upon reasonable request of the parent, and reasonable and customary fees for copying of material(s) requested. Nothing shall prohibit or interfere with the parent making his/her own copies on school premises using any mobile or other device.
For the purpose of this policy:
Instructional materials means content that conveys the knowledge or skills of a subject in the school curriculum through a medium or a combination of media for conveying information to a student. It also includes any nonsecure test, nonsecure assessment, or survey administered to a student. The term also includes books, supplementary materials, teaching aids, computer software, magnetic media, DVD, CD-ROM, computer courseware, online material, information, or services, or an electronic medium or other means of conveying information to the student or otherwise contributing to the learning process.
Parent means the parent or legal guardian of a child.
Survey means any evaluative instrument or questionnaire that is not an assessment of academic knowledge, skills, or abilities, administered as part of a state, national, or international assessment or by itself.
RESPONSIBILITY FOR SELECTION
Responsibility for the purchase of library and instructional materials is vested legally in the School Board. The School Board delegates to the appropriate instructional staff the responsibility of developing final recommendations for purchase.
The actual selection of materials shall be the responsibility of professionally trained personnel who are familiar with the courses of study, the methods of teaching, and the individual needs of students. The appropriate instructional staff, aided by suggestions from the school administrators, the school faculties, students and parents, make the final selection. The individual school faculty shall be responsible for the final evaluation and selection of materials based on the needs of the school. The selection of media shall be determined by the objectives of the course and the experiences and activities to be provided to meet such objectives.
PROCEDURE FOR HANDLING CRITICISM OF MATERIAL
Criticism of specific materials should be handled by the principal whenever possible. If the criticism cannot be resolved by the principal to the satisfaction of the complainant, then the following procedures shall be followed.
1. The criticism shall be presented in writing and directed to the principal and shall include specific information as to author, title, publisher, and the reason for the criticism, giving specific examples of objectionable aspects or sections of the book.
2. The statement must be signed and identified so that a reply may be given.
3. The material shall be reviewed in the light of the objections by a committee appointed by the Superintendent or his/her designee.
4. The report of the special committee shall be forwarded to the Superintendent for action as rapidly as possible. The Superintendent may choose to refer the problem to the School Board.
5. The decision of the Superintendent and/or the School Board shall be sent in writing to the complainant. Copies of the decision shall also be sent to all staff personnel affected by the decision.
New Policy: September, 2014
Ref: Constitution of Louisiana, Art. VII, '13; La. Rev. Stat. Ann. §§17:81, 17:355.
IHC: CLASS RANKINGS
In order to be uniform and consistent in determining class rankings of students in St. John the Baptist Parish, the following criteria shall be used for certifying the rankings of each secondary school's graduating class. For the purpose of class ranking, only the academic grades recorded on the student's official high school transcript shall be considered.
1. The parish grading scale is the uniform grading scale as required by the Louisiana Department of Education:
A 93-100
B 85-92
C 75-84
D 67-74
F 00-66
2. One additional quality will be assigned for honors/ advanced placement courses as follows:
A = 5 quality points
B = 4 quality points
C = 3 quality points
D = 1 quality point
F = 0 quality points
3. The number of total quality points earned is divided by the total number of units taken to determine an overall Grade Point Average (GPA). Students will be ranked starting with the highest GPA.
4. In computing the top 5% of the graduating class, the total number of students receiving a state high school diploma during the academic year (includes the summer and mid-term graduates) shall be multiplied by the figure .05 and rounded up to the next whole number.
5. If a tie exists, the following guidelines shall be used to break a tie.
A. The number of honors/advanced placement courses taken.
B. If a tie still exists, then the GPA in the aforementioned core curriculum courses shall be applied.
C. If the tie still exists, the highest ACT score will be considered.
6. A student must be enrolled at East St. John High School or West St. John High School his/her entire eleventh and twelfth grade years to be eligible for Valedictorian and Salutatorian honors. All courses during these two (2) years must have been obtained on campus. A student shall be required to take a minimum of two (2) Advanced Placement Classes and eight (8) Honors Classes to be considered TOP 10 at Graduation Ceremonies.
Revised: May, 2014
Revised: November, 2014
Ref: La. Rev. Stat. Ann. '17:81; Bulletin 741, Louisiana Handbook for School Administrators, Louisiana Department of Education; Board minutes, 8-6-92, 8-7-14.
JBC: SCHOOL ADMISSIONS
The St. John the Baptist Parish School Board shall admit students to the schools of the school district once the student has been registered for school by the parent or legal guardian, under such rules and regulations as the School Board may prescribe.
No student of suitable age shall be denied admission or readmission to school who resides within the geographical boundaries of the school system unless such student is legally excluded from attending school.
The School Board shall grant admission or readmission to school to any person who meets all of the following criteria:
1. Resides within the geographic boundaries of the school system.
2. Meets the eligibility requirements for school entrance pursuant to statutory provisions
3. Is nineteen (19) years of age or younger on September 30th of the calendar year in which the school year begins or is twenty (20) years of age on September 30th of the calendar year in which the school year begins and has sufficient course credits that he/she will be able to graduate within one (1) school year of admission or readmission.
4. Has not received a high school diploma or its equivalent.
5. Is otherwise eligible for enrollment in a public school pursuant to state law and the policies of the School Board and the Louisiana Board of Elementary and Secondary Education.
If a person meets all of the criteria stated above, the School Board shall not deny admission or readmission based on any of the following characteristics:
1. The person voluntarily withdrew from school.
2. The person is pregnant.
3. The person is a parent.
4. The person is married.
The admission or readmission of a person who will be twenty (20) years of age on September 30th of the calendar year in which the school year begins shall be limited to grade twelve (12).
The admission or readmission of a person with an exceptionality shall be subject to federal and state law governing the age of eligibility for services for students with exceptionalities.
No child shall be admitted to school for the first time until his/her parents do the following:
1. Present to school officials an official birth certificate. A short-form birth certification card shall be acceptable. Only records from the local or state registrar of vital statistics shall be accepted for children born in Louisiana, except as otherwise provided herein. Children born in Louisiana shall be given a fifteen (15) day grace period to secure a copy of their birth record. Children born out of this state Louisiana shall be given thirty (30) days grace in which to produce a copy of their birth record. In cases where birth certificates and/or birth verification forms cannot be obtained, the school principal may accept whatever positive proof of age, race and parentage is available. It shall be left to the discretion of the Superintendent or designee as to whether or not a child shall continue in school upon failure to comply herewith.
2. Present to school officials satisfactory evidence of immunity to or immunization against being or having been immunized against diphtheria, tetanus, whooping cough, poliomyelitis and measles and other vaccine-preventable diseases according to a the age appropriate schedule approved by the Office of Public Health, Department of Health and Hospitals.
3. Present to school officials an official Social Security card. If no Social Security card is available, the student shall be assigned a state identification number.
3. Present to school officials all official school records of school previously attended or information needed to access such records when transferring from another school to one inside the School District, including necessary authorization to obtain and/or access any and all records of the enrolling student.
4. Present to school officials as a prerequisite to enrolling in the first grade, evidence of having attended at least a full-day public or private kindergarten for a full school year; or satisfactorily passed academic readiness screening administered by the school system prior to the time of enrollment in first grade.
5. Present to school officials evidence of being bona fide residents of the school district, with limited exception. However, children temporarily residing within the jurisdiction of the School Board who have no permanent address, who have been abandoned by their parents, or who are in foster care shall be admitted to school, except as may be allowed by statute.
7. Present to school officials satisfactory evidence that at least one of the child's parents or guardians has completed a parent orientation course conducted by the School District. However, no child shall be denied entry into school because of parent or guardian has not attended an orientation session.
ADMISSION OF NON-PUBLIC AND HOME SCHOOLING STUDENTS
All students transferring to public schools of St. John Parish from any in-state nonpublic school, any home schooling program or any Louisiana resident transferring from any out-of-state school in the fifth or ninth grade shall be required to take the fourth or eighth grade LEAP 21 English Language Arts and Mathematics Test.
A testing fee for students from nonpublic schools, home schooling programs or out-of-state schools taking the LEAP 21 tests may be charged by the School Board, to be paid prior to taking of the tests. Any testing fee charged shall be refunded upon the student's enrollment in the St. John the Baptist Parish Public School System.
The nonpublic school and parent (or home schooling parent) shall be responsible for providing the St. John the Baptist Parish School District Test Coordinator at least ten (10) working days prior to the testing date, any documentation required for requested standard testing accommodations.
ADMISSION OF EXPELLED STUDENTS
No student who has been expelled in accordance with state law from any school in the state shall be admitted to any school in the school system except upon the review and approval of the School Board.
No student who has been expelled from any school outside the state of Louisiana or any nonpublic school within Louisiana for committing any of the offenses enumerated in state law shall be admitted to any school in the school system except upon the review and approval of the governing body of the admitting school.
ADMISSION OF STUDENTS WHO COMMIT A FELONY
The conviction of any student of a felony or the incarceration of any student in a juvenile institution for an act, whether committed in Louisiana or any other state or country, which had it been committed by an adult would have constituted a felony in Louisiana, may be sufficient cause for the Superintendent to refuse admission of the student to any school in the school district, except upon review and approval of a majority of the elected members of the School Board when a request for admission has been made to the School Board.
ADMISSION OF HOMELESS STUDENTS
Except as provided above with regard to students who have been expelled, no provision in this or any other St. John the Baptist Parish School Board policy shall be interpreted to impede the immediate or continued enrollment of homeless youth, as addressed in policy JBCBB, Homeless Students.
Revised: November, 1993 Revised: April, 2008
Revised: December, 1995 Revised: December 2, 2010
Revised: March, 2000 Revised: September, 2014
Revised: August, 2000
Ref: 42 USC 11431; La. Rev. Stat. Ann. §§17:151.3, 17:167, 17:221, 17:221.2, 17:222, 17:235.1, 17:238, 17:416, 17:3913; Singleton v. Jackson Municipal Separate School District, 419 F. 2d 1211 (5th Cir., 1970); Louisiana Handbook for School Administrators, Bulletin 741, Louisiana Department of Education; Board minutes, 2-17-00, 6-5-08, 12-2-10.
********
ITEM 9b. Mr. Felix Boughton – Executive Session – SJAE Negotiations
ITEM 9c. Mr. Felix Boughton - Executive Session – Confidential Settlement Regarding Sales Tax Litigation
MOTION BY: Nicholas
SECOND BY: Sanders
MOTION: To convene in Executive Session to address Item 9a – SJAE Negotiations and Item 9b – Confidential Settlement Regarding Sales Tax Litigation.
No objections.
The motion carried.
11 Yeas – Jack, Burl, Keller, Sanders, DeFrancesch, Johnson, Wise, Wallace, Nicholas, Triche, Jones
0 Nays
0 Absent
The Board convened in Executive Session at 10:31 a.m.
MOTION BY: Keller
SECOND BY: Burl
MOTION: To reconvene in regular session.
No objections.
The motion carried.
11 Yeas – Jack, Burl, Keller, Sanders, DeFrancesch, Johnson, Wise, Wallace, Nicholas, Triche, Jones
0 Nays
0 Absent
The Board reconvened in Regular Session at 11:45 a.m.
MOTION BY: Wise
SECOND BY: Johnson
MOTION: To approve a confidential settlement regarding sales tax litigation.
Mr. Jones called for a roll call and asked that the roll be called from District 11 down to District 1.
Upon roll call, there were:
8 Yeas – Triche, Nciholas, Wallace, Wise, Johnson, DeFrancesch, Burl
3 Nays – Sanders, Keller, Jack
0 Absent
The motion carried.
ITEM 11. BOARD ITEMS OF INTEREST
Dr. Keller stated that he had requested an item for this agenda but was denied. Mr. Jones stated that the item would be placed on the next Executive Committee agenda.
ITEM 12. ADJOURNMENT - The agenda having been completed, and there being no further business, there was a
MOTION BY: Sanders
SECOND BY: Jack
MOTION: Motion for adjournment.
No objections.
The meeting adjourned at 11:54 a.m.
________________________________
Kevin R. George, Secretary
________________________________
Keith A. Jones, President