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Public Notices: Thursday, September 4th, 2008
Public Notices Published Thursday, September 4th, 2008The Water We Drink
CALHOUN WATER SYSTEM
Public Water Supply ID: LA1073006
We are pleased to present to you the Annual Water Quality Report for the year 2007. This report is designed to inform you about the quality of your water and services we deliver to you every day (Este informe contiene información muy importante sobre su agua potable. Tradúzcalo o hable con alguien que lo entienda bien). Our constant goal is to provide you with a safe and dependable supply of drinking water. We want you to understand the efforts we make to continually improve the water treatment process and protect our water resources. We are committed to ensuring the quality of your water.
Our water source(s) are listed below:
Source Name; Source Water Type; Source Water Body Name
Well #1 Ground Water
Well #2 Ground Water
The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity. Contaminants that may be present in source water include:
Microbial Contaminants - such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife.
Inorganic Contaminants - such as salts and metals, which can be naturally-occurring or result from urban stormwater runoff, industrial, or domestic wastewater discharges, oil and gas production, mining, or farming.
Pesticides and Herbicides - which may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses.
Organic Chemical Contaminants – including synthetic and volatile organic chemicals, which are by-products of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, and septic systems.
Radioactive Contaminants – which can be naturally-occurring or be the result of oil and gas production and mining activities.
A Source Water Assessment Plan (SWAP) is now available from our office. This plan is an assessment of a delineated area around our listed sources through which contaminants, if present, could migrate and reach our source water. It also includes an inventory of potential sources of contamination within the delineated area, and a determination of the water supply's susceptibility to contamination by the identified potential sources. According to the Source Water Assessment Plan, our water system had a susceptibility rating of 'high'. If you would like to review the Source Water Assessment Plan, please feel free to contact our office at the number provided in the following paragraph.
In order to ensure that tap water is safe to drink, EPA prescribes regulations which limit the amount of certain contaminants in water provided by public water systems. Food and Drug Administration regulations establish limits for contaminants in bottled water which must provide the same protection for public health. We are pleased to report that our drinking water is safe and meets Federal and State requirements. We want our valued customers to be informed about their water utility. If you have any questions about this report, want to attend any scheduled meetings, or simply want to learn more about your drinking water, please contact BOB SHIVOR at 318-644-9795.
The Louisiana Department of Health and Hospitals - Office of Public Health routinely monitors for constituents in your drinking water according to Federal and State laws. The tables that follow show the results of our monitoring during the period of January 1st to December 31st, 2007. Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk.
In the tables below, you will find many terms and abbreviations you might not be familiar with. To help you better understand these terms, we’ve provided the following definitions:
Non-Detects (ND) – laboratory analysis indicates that the constituent is not present.
Parts per million (ppm) or Milligrams per liter (mg/L) – one part per million corresponds to one minute in two years or a single penny in $10,000.
Parts per billion (ppb) or Micrograms per liter (ug/L) – one part per billion corresponds to one minute in 2,000 years, or a single penny in $10,000,000.
Parts per trillion (ppt) or Nanograms per liter (ng/L) – one part per trillion corresponds to one minute in 2,000,000 years, or a single penny in $10,000,000,000.
Parts per quadrillion (ppq) or Picograms per liter (pg/L) – one part per quadrillion corresponds to one minute in 2,000,000,000 years or one penny in $10,000,000,000,000.
Picocuries per liter (pCi/L) – picocuries per liter is a measure of the radioactivity in water.
Millirems per year (mrem/yr) – measure of radiation absorbed by the body.
Million fibers per liter (MFL) – million fibers per liter is a measure of the presence of asbestos fibers that are longer than 10 micrometers.
Nephelometric Turbidity Unit (NTU) – nephelometric turbidity unit is a measure of the clarity of water. Turbidity in excess of 5 NTU is just noticeable to the average person.
Variances & Exemptions (V&E) – State or EPA permission not to meet MCL or a treatment technique under certain conditions.
Action level (AL) – the concentration of a contaminant that, if exceeded, triggers treatment or other requirements that a water system must follow.
Treatment technique (TT) – a treatment technique is a required process intended to reduce the level of a contaminant in drinking water.
Maximum contaminant level (MCL) – the “Maximum Allowed” MCL is the highest level of a contaminant that is allowed in drinking water. MCL’s are set as close to the MCLG’s as feasible using the best available treatment technology.
Maximum contaminant level goal (MCLG) – the “Goal” is the level of a contaminant in drinking water below which there is no known or expected risk to human health. MCLG’s allow for a margin of safety.
Maximum residual disinfectant level (MRDL) – The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.
Maximum residual disinfectant level goal (MRDLG) – The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.
During the period covered by this report we had below noted violations of drinking water regulations.
Type/Category/Analyte/Comliance Period
No violations occurred in the Calendar Year of 2007
Our water system tested a minimum of 1 samples per month monthly sample(s) in accordance with the Total Coliform Rule for microbiological contaminants. During the monitoring period covered by this report, we had the following noted detections for microbiological contaminants:
Microbiological; Result; MCL; MCLG; Typical Source
COLIFORM (TCR) / In the month of October, 1 sample returned as positive / MCL: Systems that collect less than 40 samples per month — no more than 1 positive monthly sample / 0 / Naturally present in the environment.
In the tables below, we have shown the regulated contaminants that were detected at levels BELOW their maximum contaminant level. These samples, except for Lead and Copper results and surface water systems, were collected at the raw water source and represent water before any treatment, blending or distribution. As such, the consumer tap levels could be less. Chemical Sampling of our drinking water may not be required on an annual basis; therefore, information provided in this table refers back to the latest year of chemical sampling results.
— Regulated Contaminants; Collection Date; Highest Value; Range; Unit; MCL; MCLG; Typical Source
ARSENIC; 3/25/2003; 9; 9; ppb; 10; -; Erosion of natural deposits, runoff from orchards, runoff from glass and electronics production wastes.
FLUORIDE; 3/25/2003; 0.2; 0.2; ppm; 4; 4; Erosion of natural deposits; Water additive which promotes strong teeth; Discharge from fertilizer and aluminum factories
THALLIUM; 3/25/2003/ 1; 1; ppb; 2; 0.5; Leaching from ore processing sites, discharge from electronics, glass, and drug factories.
TURBIDITY; 3/25/2003; 0.3; 0.25 - 0.3; NTU; 1; -; Soil runoff
— Lead and Copper; Date; 90Th Percentile; 95TH Percentile; Unit; AL;
Sites Over AL; Typical Source
COPPER, FREE; 2007; 0.2; 0.4; ppm; 1.3; 0; Corrosion of household plumbing systems; erosion of natural deposits; leaching from wood preservatives.
LEAD; 2007; 2; 2; ppb; 15; 0; corrosion of household plumbing systems; erosion of natural deposits
— Radionuclides; Collection date; Highest value; range; unit; MCL; MCLG; Typical source
No detected results were found in the calendar year of 2007.
— DBP contaminants; monitoring period; RAA; Range; Unit; MCL; MCLG; Typical Source
TTHM; 1/1/2007-12/31/2007; 34.28; 34.28; ppb; 80; 0; By-product of drinking water chlorination.
++++++Environmental Protection Agency Required Health Effects Language++++++
Additional required health effects language:
Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially-harmful bacteria may be present. Coliforms were found in more samples than allowed and this was a warning of potential problems.
While your drinking water meets EPA's standard for arsenic, it does contain low levels of arsenic. EPA's standard balances the current understanding of arsenic's possible health effects against the costs of removing arsenic from drinking water. EPA continues to research the health effects of low levels of arsenic, which is a mineral known to cause cancer in humans at high concentrations and is linked to other health effects such as skin damage and circulatory problems.
There are no additional required health effects violation notices.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Thank you for allowing us to continue providing your family with clean, quality water this year. In order to maintain a safe and dependable water supply we sometimes need to make improvements that will benefit all of our customers.
Please call our office if you have questions.
We at the CALHOUN WATER SYSTEM work around the clock to provide top quality drinking water to every tap. We ask that all our customers help us protect and conserve our water sources, which are the heart of our community, our way of life, and our children's future.
9/4
_____________________________________________________________
NOTICE TO BIDDERS
PURCHASE OF A 2008 MID-SIZE to LARGE SUV CROSSOVER VEHICLE
BID FORM 08-00003
The Monroe-West Monroe Convention & Visitors Bureau is accepting Sealed Bids for the purchase of a Mid-Sized to Large Crossover Vehicle.
SEALED BIDS will be received in the office of Alana Cooper, Executive Director, Monroe-West Monroe Convention and Visitors Bureau, 601 Constitution Drive, West Monroe, Louisiana 71292, on or before ten (10) o’clock a.m., Friday, September 12, 2008, and at the same time will be opened, read aloud and tabulate in the office of the Executive Director of the Monroe-West Monroe Convention and Visitors Bureau at ten (10) o’clock a.m., Friday, September 12, 2008.
Bid forms and specification may be obtained from the Convention & Visitors Bureau, 601 Constitution Drive, West Monroe, Louisiana or by calling 387-5691. The Monroe-West Monroe Convention and Visitors Bureau reserves the right to reject any and all bids.
Monroe-West Monroe Convention and Visitors Bureau
Alana Cooper, Executive Director
8/28,9/4
_____________________________________________________________
NOTICE
Notice is hereby given, pursuant to Article IV, Section 21(D)(1) of the Louisiana Constitution, that Entergy Louisiana, LLC (“ELL”), an electric public utility having facilities to provide retail electric service to residential, commercial, industrial, and governmental customers in forty-six Parishes of the State of Louisiana, filed with the Louisiana Public Service Commission (“LPSC” or the “Commission”), pursuant to Article IV, Section 21(D)(3) of the Louisiana Constitution and Title 45, Section 1163.1 of the Louisiana Revised Statutes, on August 25, 2008 a modified Formula Rate Plan (“FRP”) rider schedule that is intended to implement, provisionally and subject to refund, effective the first billing cycle of September 2008 (August 28), a $16.9 million annual FRP revenue increase pursuant to Section 2.B.2 of the FRP, and in conjunction with the FRP proceedings currently before the LPSC in Docket No. U-20925 (TY 2007) and Hurricane Katrina and Rita cost recovery proceedings in Docket No. U-29203. Further, notice is provided that on August 27, 2008, ELL filed with the LPSC a modified Storm Cost Offset Rider (“Rider SCO”) rider schedule that is intended to implement, effective the first billing cycle of September 2008 (August 28), a $0.7 million annual Rider SCO revenue decrease which passes the benefits of increased MSS-2 Transmission revenues related to Hurricane Katrina and Rita on to customers consistent with the Orders in Docket U-29203.
This FRP increase of $16.9 million annually reflects an increase of $4.3 million associated with the FRP sharing mechanism and an additional $12.6 million increase to reflect increased to the Commission-Approved Additional Capacity costs.
This FRP rate change will have the following effects upon ELL’s customers’ bills. A bill for Residential Service for 1,000 kWh would increase $0.93 A bill for Small General Service for 50 kW and 12,500 kWh would increase $13.24. A bill for Large General Service for 500 kW and 225,000 kWh would increase $145.65. The Rider SCO rate change will have the following effect on ELL’s customer’s bills. A bill for Residential Service for 1,000 kWh would decrease ($0.03). A bill for Small General Service for 50 kW and 12,500 kWh would decrease ($0.54). A bill for Large General Service for 500 kW and 225,000 kWh would decrease ($5.96).
A copy of these rider schedules may be viewed in the Office of the Louisiana Public Service Commission in Baton Rouge, Louisiana.
ENTERGY LOUISIANA, LLC
9/4
_____________________________________________________________
ADVERTISEMENT FOR BIDS
Sealed bids will be received for the State of Louisiana by the Division of Administration, Office of Facility Planning and Control, Claiborne Office Building, 1201 North Third Street, Conference Room 1-145 (South Entrance 1st Floor - 1st door on the right), Post Office Box 94095, Baton Rouge, Louisiana 70804-9095 until 2:00 P.M., Tuesday, September 30, 2008.
ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS SHALL NOTIFY FACILITY PLANNING AND CONTROL OF THE TYPE(S) OF ACCOMMODATION REQUIRED NOT LESS THAN SEVEN (7) DAYS BEFORE THE BID OPENING.
FOR:
Generator Support Plan - Governor's Office of Homeland Security & Emergency Preparedness (GOHSEP)
Bossier Civic Center & Fant Ewing Coliseum (University of Louisiana Bossier City & Monroe, Louisiana
PROJECT NUMBER: 01-111-08-GOHSEP, Part 1A
Complete Bidding Documents may be obtained from:
John J. Guth Associates, Inc.
208 Milam Street
Shreveport, LA 71101
318-221-8638
upon deposit of $50.00 for each set of documents. Deposit on the first two sets are fully refundable to all bonafide prime Bidders upon return of the documents, in good condition, no later than ten (10) days after receipt of bids. Fifty percent (50%) of the deposit of all other sets of documents will be refunded upon return of documents as state above.
All bids must be accompanied by bid security equal to five percent (5%) of the sum of the base bid and all alternates, and must be in the form of a certified check, cashier's check or Facility Planning and Control Bid Bond Form written by a surety company licensed to do business in Louisiana, signed by the surety's agency or attorney-in-fact. Surety must be listed on the current U.S. Department of the Treasury Financial Management Service list of approved bonding companies as approved for an amount equal to or greater than the amount for which it obligates itself in the Bond, or must be a Louisiana domiciled insurance company with at least an A- rating in the latest printing of the A.M. Best's Key Rating Guide. If surety qualifies by virtue of its Best's listing, the amount of the Bond may not exceed ten percent (10%) of policyholders' surplus as shown in the latest A.M. Best's Key Rating Guide. The Bid Bond shall be in favor of the State of Louisiana, Office of Facility Planning and Control, and shall be accompanied by appropriate power of attorney. No Bid Bond indicating an obligation of less than five percent (5%) by any method is acceptable.
The successful Bidder shall be required to furnish a Performance and Payment Bond written by a company licensed to do business in Louisiana, in an amount equal to 100% of the Contract amount. Surety must be listed currently on the U.S. Department of Treasury Financial Management Service List (Treasury List) as approved for an amount equal to or greater than the contract amount, or must be an insurance company domiciled in Louisiana or owned by Louisiana residents. If surety is qualified other than by listing on the Treasury list, the contract amount may not exceed fifteen percent of policyholders' surplus as shown by surety's most recent financial statements filed with the Louisiana Department of Insurance and may not exceed the amount of $500,000. However, a Louisiana domiciled insurance company with at least an A- rating in the latest printing of the A.M. Best's Key Rating Guide shall not be subject to the $500,000 limitation, provided that the contract amount does not exceed ten percent of policyholders' surplus as shown in the latest A.M. Best's Key Rating Guide nor fifteen percent of policyholders' surplus as shown by surety's most recent financial statements filed with the Louisiana Department of Insurance. The Bond shall be signed by the surety's agent or attorney-in-fact.
A PRE-BID CONFERENCE WILL BE HELD
at 11:00 a.m. on Tuesday, September 16, 2008 at Fant Ewing Coliseum on the Campus of University of Louisiana, Monroe, Louisiana.
Bids shall be accepted from Contractors who are licensed under LA. R.S. 37:2150-2163 for classification of Electrical Work. Bidder is required to comply with provisions and requirements of LA. R.S. 38:2212(A)(1)(c). No bid may be withdrawn for a period of thirty (30) days after receipt of bids, except under the provisions of LA. R.S. 38:2214.
The Owner reserves the right to reject any and all bids for just cause. In accordance with La. R.S. 38:2212(A)(1)(b), the provisions and requirements of this Section, those stated in the advertisement for bids, and those required on the bid form shall not be considered as informalities and shall not be waived by any public entity.
When this project is financed either partially or entirely with State Bonds, the award of this Contract is contingent upon the granting of lines of credit, or the sale of bonds by the State Bond Commission. The State shall incur no obligation to the Contractor until the Contract Between Owner and Contractor is fully executed.
Facility Planning and Control is a participant in the Small Entrepreneurship Program (the Hudson Initiative) and bidders are encouraged to consider participation. Information is available from the Office of Facility Planning and Control or on its website at www.doa.louisiana.gov/fpc/fpc.htm.
STATE OF LOUISIANA
DIVISION OF ADMINISTRATION
FACILITY PLANNING AND CONTROL
JERRY W. JONES, DIRECTOR
8/28,9/4,9/11
_____________________________________________________________
NOTICE TO PUBLIC
Notice is hereby given that the Ouachita Parish Police Jury will meet as a Board of Review at 6:30 p.m., Monday, September 22, 2008, at the Ouachita Parish Courthouse, Courtroom 3, located at 300 St. John Street, Monroe, Louisiana, to hear any and all protests from taxpayers on their 2008 Assessments.
The Board of Review shall consider the written or oral protests of any taxpayer desiring to be heard who has filed a written appeal (with any supporting documents) by Monday, September 15, 2008, at 5:00 P.M. (seven (7) days prior to the actual Board of Review Hearing date). The appeal shall be filed by certified mail or hand delivered to the Police Jury Office in the Ouachita Parish Courthouse at 300 St. John Street, Room 201, Monroe, LA 71201. Appeal Form 3101 (2001), Notice of Appeal Request for Board of Review, is available in the Ouachita Parish Assessor’s Office in the Ouachita parish Courthouse at 301 South Grand Street, Room 103, Monroe, Louisiana. THE ASSESSOR’S OFFICE CANNOT ACCEPT APPEALS.
Bradley Cammack, Treasurer
Ouachita Parish Police Jury
9/4, 9/11
_____________________________________________________________
PROCEEDINGS OF THE PARISH SCHOOL BOARD OF THE PARISH OF OUACHITA, STATE OF LOUISIANA, TAKEN AT A SPECIAL MEETING HELD ON TUESDAY, AUGUST 26, 2008.
The Parish School Board of the Parish of Ouachita, State of Louisiana, met in special session at its regular meeting place, the Parish School Board Office, 100 Bry Street, Monroe, Louisiana, on Tuesday, August 26, 2008, at twelve o'clock (12:00) noon, Louisiana Time (Central Time), pursuant to notice given.
There were present: Jack White, A.R. Sims, Jerry R. Hicks, John L. Russell, Carey Walker, Susan Spence
There were absent: Scott Robinson
The Parish School Board of the Parish of Ouachita, State of Louisiana, was duly convened as the governing authority of the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana.
The time having arrived for the sale of $5,000,000 of Sales Tax School Bonds, Series 2008 (the "Bonds") of the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana, scheduled for twelve o'clock (12:00) noon, prior to the opening of bids, the President called upon Mr. C. Grant Schlueter, of Foley & Judell, L.L.P., Bond Counsel, to advise the Parish School Board of the Parish of Ouachita, State of Louisiana, as to what action was necessary in order to proceed with the reception of bids and sale of the Bonds.
Mr. Schlueter then reported to the Parish School Board that the first order of business was to open the bids received and to formally approve the official Notice of Bond Sale and the Official Statement that were prepared and distributed to prospective purchasers 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 Parish School Board and the Assessor's office and other local public officials, and that all members of the Parish School Board had been furnished copies of the same for their review and approval.
The President then announced that it was time to open the bids received for the purchase of the Bonds, said Bonds having been advertised for sale by virtue of resolution adopted on July 23, 2008. It was then stated that the Notice of Sale which had been issued as of July 23, 2008, calling for bids for the purchase of the Bonds had been published in "The Daily Journal of Commerce", Metairie, Louisiana, " The Ouachita Citizen", West Monroe, Louisiana, and the "Bond Buyer", New York, New York in their issues of July 31, 2008.
Mr. Schlueter then confirmed that the Bonds had been assigned a rating of AA+" by Standard & Poor's.
After calling for bids for the purchase of the Bonds, it was announced that two (2) bids had been received for the purchase of the Bonds.
The following resolution was offered by A.R. Sims and seconded by Jerry Hicks:
RESOLUTION
A resolution providing for the tabulation and opening of the sealed or electronic bids received for the purchase of Five Million Dollars ($5,000,000) of Sales Tax School Bonds, Series 2008 of the West Ouachita Parish School District of the Parish of Ouachita, 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 Ouachita, State of Louisiana, acting as the governing authority of the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana, that:
SECTION 1. This Parish School Board does now proceed in open and public session to tabulate the sealed or electronic bids received for the purchase of Five Million Dollars ($5,000,000) of Sales Tax School Bonds, Series 2008 (the
"Bonds") of the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana (the "Issuer"), authorized and duly advertised for sale by virtue of a resolution adopted on July 23, 2008.
SECTION 2. The official Notice of Bond Sale and Official Statement prepared in connection with the sale of the Bonds, and the information contained therein, are hereby approved by this Parish School Board and the President and Secretary of the Parish School Board are hereby authorized, empowered and directed to sign copies thereof as evidence of its approval.
This resolution having been submitted to a vote, the vote thereon was as follows:
MEMBERS:
YEAS: Jack White, A.R. Sims, Jerry R. Hicks, John L. Russell, Carey Walker and Susan Spence
NAYS: None
ABSENT: Scott Robinson
ABSTAINING: None
And the resolution was declared adopted on this, the 26h day of August, 2008.
/s/ Robert Webber, Secretary
/s/ Jack White, President
The bids received on August 26, 2008, for the purchase of Five Million Dollars ($5,000,000) of Sales Tax School Bonds, Series 2008 (the "Bonds") of the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana (the "Issuer"), were thereupon opened and read in public session of said Parish School Board, said bids being based upon the maturity schedule set out in the Official Notice of Bond Sale and hereinafter set out in these proceedings, said bids being as follows, to‑wit:
The Water We Drink
CALHOUN WATER SYSTEM
Public Water Supply ID: LA1073006
We are pleased to present to you the Annual Water Quality Report for the year 2007. This report is designed to inform you about the quality of your water and services we deliver to you every day (Este informe contiene información muy importante sobre su agua potable. Tradúzcalo o hable con alguien que lo entienda bien). Our constant goal is to provide you with a safe and dependable supply of drinking water. We want you to understand the efforts we make to continually improve the water treatment process and protect our water resources. We are committed to ensuring the quality of your water.
Our water source(s) are listed below:
Source Name; Source Water Type; Source Water Body Name
Well #1 Ground Water
Well #2 Ground Water
The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity. Contaminants that may be present in source water include:
Microbial Contaminants - such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife.
Inorganic Contaminants - such as salts and metals, which can be naturally-occurring or result from urban stormwater runoff, industrial, or domestic wastewater discharges, oil and gas production, mining, or farming.
Pesticides and Herbicides - which may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses.
Organic Chemical Contaminants – including synthetic and volatile organic chemicals, which are by-products of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, and septic systems.
Radioactive Contaminants – which can be naturally-occurring or be the result of oil and gas production and mining activities.
A Source Water Assessment Plan (SWAP) is now available from our office. This plan is an assessment of a delineated area around our listed sources through which contaminants, if present, could migrate and reach our source water. It also includes an inventory of potential sources of contamination within the delineated area, and a determination of the water supply's susceptibility to contamination by the identified potential sources. According to the Source Water Assessment Plan, our water system had a susceptibility rating of 'high'. If you would like to review the Source Water Assessment Plan, please feel free to contact our office at the number provided in the following paragraph.
In order to ensure that tap water is safe to drink, EPA prescribes regulations which limit the amount of certain contaminants in water provided by public water systems. Food and Drug Administration regulations establish limits for contaminants in bottled water which must provide the same protection for public health. We are pleased to report that our drinking water is safe and meets Federal and State requirements. We want our valued customers to be informed about their water utility. If you have any questions about this report, want to attend any scheduled meetings, or simply want to learn more about your drinking water, please contact BOB SHIVOR at 318-644-9795.
The Louisiana Department of Health and Hospitals - Office of Public Health routinely monitors for constituents in your drinking water according to Federal and State laws. The tables that follow show the results of our monitoring during the period of January 1st to December 31st, 2007. Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk.
In the tables below, you will find many terms and abbreviations you might not be familiar with. To help you better understand these terms, we’ve provided the following definitions:
Non-Detects (ND) – laboratory analysis indicates that the constituent is not present.
Parts per million (ppm) or Milligrams per liter (mg/L) – one part per million corresponds to one minute in two years or a single penny in $10,000.
Parts per billion (ppb) or Micrograms per liter (ug/L) – one part per billion corresponds to one minute in 2,000 years, or a single penny in $10,000,000.
Parts per trillion (ppt) or Nanograms per liter (ng/L) – one part per trillion corresponds to one minute in 2,000,000 years, or a single penny in $10,000,000,000.
Parts per quadrillion (ppq) or Picograms per liter (pg/L) – one part per quadrillion corresponds to one minute in 2,000,000,000 years or one penny in $10,000,000,000,000.
Picocuries per liter (pCi/L) – picocuries per liter is a measure of the radioactivity in water.
Millirems per year (mrem/yr) – measure of radiation absorbed by the body.
Million fibers per liter (MFL) – million fibers per liter is a measure of the presence of asbestos fibers that are longer than 10 micrometers.
Nephelometric Turbidity Unit (NTU) – nephelometric turbidity unit is a measure of the clarity of water. Turbidity in excess of 5 NTU is just noticeable to the average person.
Variances & Exemptions (V&E) – State or EPA permission not to meet MCL or a treatment technique under certain conditions.
Action level (AL) – the concentration of a contaminant that, if exceeded, triggers treatment or other requirements that a water system must follow.
Treatment technique (TT) – a treatment technique is a required process intended to reduce the level of a contaminant in drinking water.
Maximum contaminant level (MCL) – the “Maximum Allowed” MCL is the highest level of a contaminant that is allowed in drinking water. MCL’s are set as close to the MCLG’s as feasible using the best available treatment technology.
Maximum contaminant level goal (MCLG) – the “Goal” is the level of a contaminant in drinking water below which there is no known or expected risk to human health. MCLG’s allow for a margin of safety.
Maximum residual disinfectant level (MRDL) – The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.
Maximum residual disinfectant level goal (MRDLG) – The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.
During the period covered by this report we had below noted violations of drinking water regulations.
Type/Category/Analyte/Comliance Period
No violations occurred in the Calendar Year of 2007
Our water system tested a minimum of 1 samples per month monthly sample(s) in accordance with the Total Coliform Rule for microbiological contaminants. During the monitoring period covered by this report, we had the following noted detections for microbiological contaminants:
Microbiological; Result; MCL; MCLG; Typical Source
COLIFORM (TCR) / In the month of October, 1 sample returned as positive / MCL: Systems that collect less than 40 samples per month — no more than 1 positive monthly sample / 0 / Naturally present in the environment.
In the tables below, we have shown the regulated contaminants that were detected at levels BELOW their maximum contaminant level. These samples, except for Lead and Copper results and surface water systems, were collected at the raw water source and represent water before any treatment, blending or distribution. As such, the consumer tap levels could be less. Chemical Sampling of our drinking water may not be required on an annual basis; therefore, information provided in this table refers back to the latest year of chemical sampling results.
— Regulated Contaminants; Collection Date; Highest Value; Range; Unit; MCL; MCLG; Typical Source
ARSENIC; 3/25/2003; 9; 9; ppb; 10; -; Erosion of natural deposits, runoff from orchards, runoff from glass and electronics production wastes.
FLUORIDE; 3/25/2003; 0.2; 0.2; ppm; 4; 4; Erosion of natural deposits; Water additive which promotes strong teeth; Discharge from fertilizer and aluminum factories
THALLIUM; 3/25/2003/ 1; 1; ppb; 2; 0.5; Leaching from ore processing sites, discharge from electronics, glass, and drug factories.
TURBIDITY; 3/25/2003; 0.3; 0.25 - 0.3; NTU; 1; -; Soil runoff
— Lead and Copper; Date; 90Th Percentile; 95TH Percentile; Unit; AL;
Sites Over AL; Typical Source
COPPER, FREE; 2007; 0.2; 0.4; ppm; 1.3; 0; Corrosion of household plumbing systems; erosion of natural deposits; leaching from wood preservatives.
LEAD; 2007; 2; 2; ppb; 15; 0; corrosion of household plumbing systems; erosion of natural deposits
— Radionuclides; Collection date; Highest value; range; unit; MCL; MCLG; Typical source
No detected results were found in the calendar year of 2007.
— DBP contaminants; monitoring period; RAA; Range; Unit; MCL; MCLG; Typical Source
TTHM; 1/1/2007-12/31/2007; 34.28; 34.28; ppb; 80; 0; By-product of drinking water chlorination.
++++++Environmental Protection Agency Required Health Effects Language++++++
Additional required health effects language:
Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially-harmful bacteria may be present. Coliforms were found in more samples than allowed and this was a warning of potential problems.
While your drinking water meets EPA's standard for arsenic, it does contain low levels of arsenic. EPA's standard balances the current understanding of arsenic's possible health effects against the costs of removing arsenic from drinking water. EPA continues to research the health effects of low levels of arsenic, which is a mineral known to cause cancer in humans at high concentrations and is linked to other health effects such as skin damage and circulatory problems.
There are no additional required health effects violation notices.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Thank you for allowing us to continue providing your family with clean, quality water this year. In order to maintain a safe and dependable water supply we sometimes need to make improvements that will benefit all of our customers.
Please call our office if you have questions.
We at the CALHOUN WATER SYSTEM work around the clock to provide top quality drinking water to every tap. We ask that all our customers help us protect and conserve our water sources, which are the heart of our community, our way of life, and our children's future.
9/4
_____________________________________________________________
NOTICE TO BIDDERS
PURCHASE OF A 2008 MID-SIZE to LARGE SUV CROSSOVER VEHICLE
BID FORM 08-00003
The Monroe-West Monroe Convention & Visitors Bureau is accepting Sealed Bids for the purchase of a Mid-Sized to Large Crossover Vehicle.
SEALED BIDS will be received in the office of Alana Cooper, Executive Director, Monroe-West Monroe Convention and Visitors Bureau, 601 Constitution Drive, West Monroe, Louisiana 71292, on or before ten (10) o’clock a.m., Friday, September 12, 2008, and at the same time will be opened, read aloud and tabulate in the office of the Executive Director of the Monroe-West Monroe Convention and Visitors Bureau at ten (10) o’clock a.m., Friday, September 12, 2008.
Bid forms and specification may be obtained from the Convention & Visitors Bureau, 601 Constitution Drive, West Monroe, Louisiana or by calling 387-5691. The Monroe-West Monroe Convention and Visitors Bureau reserves the right to reject any and all bids.
Monroe-West Monroe Convention and Visitors Bureau
Alana Cooper, Executive Director
8/28,9/4
_____________________________________________________________
NOTICE
Notice is hereby given, pursuant to Article IV, Section 21(D)(1) of the Louisiana Constitution, that Entergy Louisiana, LLC (“ELL”), an electric public utility having facilities to provide retail electric service to residential, commercial, industrial, and governmental customers in forty-six Parishes of the State of Louisiana, filed with the Louisiana Public Service Commission (“LPSC” or the “Commission”), pursuant to Article IV, Section 21(D)(3) of the Louisiana Constitution and Title 45, Section 1163.1 of the Louisiana Revised Statutes, on August 25, 2008 a modified Formula Rate Plan (“FRP”) rider schedule that is intended to implement, provisionally and subject to refund, effective the first billing cycle of September 2008 (August 28), a $16.9 million annual FRP revenue increase pursuant to Section 2.B.2 of the FRP, and in conjunction with the FRP proceedings currently before the LPSC in Docket No. U-20925 (TY 2007) and Hurricane Katrina and Rita cost recovery proceedings in Docket No. U-29203. Further, notice is provided that on August 27, 2008, ELL filed with the LPSC a modified Storm Cost Offset Rider (“Rider SCO”) rider schedule that is intended to implement, effective the first billing cycle of September 2008 (August 28), a $0.7 million annual Rider SCO revenue decrease which passes the benefits of increased MSS-2 Transmission revenues related to Hurricane Katrina and Rita on to customers consistent with the Orders in Docket U-29203.
This FRP increase of $16.9 million annually reflects an increase of $4.3 million associated with the FRP sharing mechanism and an additional $12.6 million increase to reflect increased to the Commission-Approved Additional Capacity costs.
This FRP rate change will have the following effects upon ELL’s customers’ bills. A bill for Residential Service for 1,000 kWh would increase $0.93 A bill for Small General Service for 50 kW and 12,500 kWh would increase $13.24. A bill for Large General Service for 500 kW and 225,000 kWh would increase $145.65. The Rider SCO rate change will have the following effect on ELL’s customer’s bills. A bill for Residential Service for 1,000 kWh would decrease ($0.03). A bill for Small General Service for 50 kW and 12,500 kWh would decrease ($0.54). A bill for Large General Service for 500 kW and 225,000 kWh would decrease ($5.96).
A copy of these rider schedules may be viewed in the Office of the Louisiana Public Service Commission in Baton Rouge, Louisiana.
ENTERGY LOUISIANA, LLC
9/4
_____________________________________________________________
ADVERTISEMENT FOR BIDS
Sealed bids will be received for the State of Louisiana by the Division of Administration, Office of Facility Planning and Control, Claiborne Office Building, 1201 North Third Street, Conference Room 1-145 (South Entrance 1st Floor - 1st door on the right), Post Office Box 94095, Baton Rouge, Louisiana 70804-9095 until 2:00 P.M., Tuesday, September 30, 2008.
ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS SHALL NOTIFY FACILITY PLANNING AND CONTROL OF THE TYPE(S) OF ACCOMMODATION REQUIRED NOT LESS THAN SEVEN (7) DAYS BEFORE THE BID OPENING.
FOR:
Generator Support Plan - Governor's Office of Homeland Security & Emergency Preparedness (GOHSEP)
Bossier Civic Center & Fant Ewing Coliseum (University of Louisiana Bossier City & Monroe, Louisiana
PROJECT NUMBER: 01-111-08-GOHSEP, Part 1A
Complete Bidding Documents may be obtained from:
John J. Guth Associates, Inc.
208 Milam Street
Shreveport, LA 71101
318-221-8638
upon deposit of $50.00 for each set of documents. Deposit on the first two sets are fully refundable to all bonafide prime Bidders upon return of the documents, in good condition, no later than ten (10) days after receipt of bids. Fifty percent (50%) of the deposit of all other sets of documents will be refunded upon return of documents as state above.
All bids must be accompanied by bid security equal to five percent (5%) of the sum of the base bid and all alternates, and must be in the form of a certified check, cashier's check or Facility Planning and Control Bid Bond Form written by a surety company licensed to do business in Louisiana, signed by the surety's agency or attorney-in-fact. Surety must be listed on the current U.S. Department of the Treasury Financial Management Service list of approved bonding companies as approved for an amount equal to or greater than the amount for which it obligates itself in the Bond, or must be a Louisiana domiciled insurance company with at least an A- rating in the latest printing of the A.M. Best's Key Rating Guide. If surety qualifies by virtue of its Best's listing, the amount of the Bond may not exceed ten percent (10%) of policyholders' surplus as shown in the latest A.M. Best's Key Rating Guide. The Bid Bond shall be in favor of the State of Louisiana, Office of Facility Planning and Control, and shall be accompanied by appropriate power of attorney. No Bid Bond indicating an obligation of less than five percent (5%) by any method is acceptable.
The successful Bidder shall be required to furnish a Performance and Payment Bond written by a company licensed to do business in Louisiana, in an amount equal to 100% of the Contract amount. Surety must be listed currently on the U.S. Department of Treasury Financial Management Service List (Treasury List) as approved for an amount equal to or greater than the contract amount, or must be an insurance company domiciled in Louisiana or owned by Louisiana residents. If surety is qualified other than by listing on the Treasury list, the contract amount may not exceed fifteen percent of policyholders' surplus as shown by surety's most recent financial statements filed with the Louisiana Department of Insurance and may not exceed the amount of $500,000. However, a Louisiana domiciled insurance company with at least an A- rating in the latest printing of the A.M. Best's Key Rating Guide shall not be subject to the $500,000 limitation, provided that the contract amount does not exceed ten percent of policyholders' surplus as shown in the latest A.M. Best's Key Rating Guide nor fifteen percent of policyholders' surplus as shown by surety's most recent financial statements filed with the Louisiana Department of Insurance. The Bond shall be signed by the surety's agent or attorney-in-fact.
A PRE-BID CONFERENCE WILL BE HELD
at 11:00 a.m. on Tuesday, September 16, 2008 at Fant Ewing Coliseum on the Campus of University of Louisiana, Monroe, Louisiana.
Bids shall be accepted from Contractors who are licensed under LA. R.S. 37:2150-2163 for classification of Electrical Work. Bidder is required to comply with provisions and requirements of LA. R.S. 38:2212(A)(1)(c). No bid may be withdrawn for a period of thirty (30) days after receipt of bids, except under the provisions of LA. R.S. 38:2214.
The Owner reserves the right to reject any and all bids for just cause. In accordance with La. R.S. 38:2212(A)(1)(b), the provisions and requirements of this Section, those stated in the advertisement for bids, and those required on the bid form shall not be considered as informalities and shall not be waived by any public entity.
When this project is financed either partially or entirely with State Bonds, the award of this Contract is contingent upon the granting of lines of credit, or the sale of bonds by the State Bond Commission. The State shall incur no obligation to the Contractor until the Contract Between Owner and Contractor is fully executed.
Facility Planning and Control is a participant in the Small Entrepreneurship Program (the Hudson Initiative) and bidders are encouraged to consider participation. Information is available from the Office of Facility Planning and Control or on its website at www.doa.louisiana.gov/fpc/fpc.htm.
STATE OF LOUISIANA
DIVISION OF ADMINISTRATION
FACILITY PLANNING AND CONTROL
JERRY W. JONES, DIRECTOR
8/28,9/4,9/11
_____________________________________________________________
NOTICE TO PUBLIC
Notice is hereby given that the Ouachita Parish Police Jury will meet as a Board of Review at 6:30 p.m., Monday, September 22, 2008, at the Ouachita Parish Courthouse, Courtroom 3, located at 300 St. John Street, Monroe, Louisiana, to hear any and all protests from taxpayers on their 2008 Assessments.
The Board of Review shall consider the written or oral protests of any taxpayer desiring to be heard who has filed a written appeal (with any supporting documents) by Monday, September 15, 2008, at 5:00 P.M. (seven (7) days prior to the actual Board of Review Hearing date). The appeal shall be filed by certified mail or hand delivered to the Police Jury Office in the Ouachita Parish Courthouse at 300 St. John Street, Room 201, Monroe, LA 71201. Appeal Form 3101 (2001), Notice of Appeal Request for Board of Review, is available in the Ouachita Parish Assessor’s Office in the Ouachita parish Courthouse at 301 South Grand Street, Room 103, Monroe, Louisiana. THE ASSESSOR’S OFFICE CANNOT ACCEPT APPEALS.
Bradley Cammack, Treasurer
Ouachita Parish Police Jury
9/4, 9/11
_____________________________________________________________
PROCEEDINGS OF THE PARISH SCHOOL BOARD OF THE PARISH OF OUACHITA, STATE OF LOUISIANA, TAKEN AT A SPECIAL MEETING HELD ON TUESDAY, AUGUST 26, 2008.
The Parish School Board of the Parish of Ouachita, State of Louisiana, met in special session at its regular meeting place, the Parish School Board Office, 100 Bry Street, Monroe, Louisiana, on Tuesday, August 26, 2008, at twelve o'clock (12:00) noon, Louisiana Time (Central Time), pursuant to notice given.
There were present: Jack White, A.R. Sims, Jerry R. Hicks, John L. Russell, Carey Walker, Susan Spence
There were absent: Scott Robinson
The Parish School Board of the Parish of Ouachita, State of Louisiana, was duly convened as the governing authority of the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana.
The time having arrived for the sale of $5,000,000 of Sales Tax School Bonds, Series 2008 (the "Bonds") of the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana, scheduled for twelve o'clock (12:00) noon, prior to the opening of bids, the President called upon Mr. C. Grant Schlueter, of Foley & Judell, L.L.P., Bond Counsel, to advise the Parish School Board of the Parish of Ouachita, State of Louisiana, as to what action was necessary in order to proceed with the reception of bids and sale of the Bonds.
Mr. Schlueter then reported to the Parish School Board that the first order of business was to open the bids received and to formally approve the official Notice of Bond Sale and the Official Statement that were prepared and distributed to prospective purchasers 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 Parish School Board and the Assessor's office and other local public officials, and that all members of the Parish School Board had been furnished copies of the same for their review and approval.
The President then announced that it was time to open the bids received for the purchase of the Bonds, said Bonds having been advertised for sale by virtue of resolution adopted on July 23, 2008. It was then stated that the Notice of Sale which had been issued as of July 23, 2008, calling for bids for the purchase of the Bonds had been published in "The Daily Journal of Commerce", Metairie, Louisiana, " The Ouachita Citizen", West Monroe, Louisiana, and the "Bond Buyer", New York, New York in their issues of July 31, 2008.
Mr. Schlueter then confirmed that the Bonds had been assigned a rating of AA+" by Standard & Poor's.
After calling for bids for the purchase of the Bonds, it was announced that two (2) bids had been received for the purchase of the Bonds.
The following resolution was offered by A.R. Sims and seconded by Jerry Hicks:
RESOLUTION
A resolution providing for the tabulation and opening of the sealed or electronic bids received for the purchase of Five Million Dollars ($5,000,000) of Sales Tax School Bonds, Series 2008 of the West Ouachita Parish School District of the Parish of Ouachita, 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 Ouachita, State of Louisiana, acting as the governing authority of the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana, that:
SECTION 1. This Parish School Board does now proceed in open and public session to tabulate the sealed or electronic bids received for the purchase of Five Million Dollars ($5,000,000) of Sales Tax School Bonds, Series 2008 (the
"Bonds") of the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana (the "Issuer"), authorized and duly advertised for sale by virtue of a resolution adopted on July 23, 2008.
SECTION 2. The official Notice of Bond Sale and Official Statement prepared in connection with the sale of the Bonds, and the information contained therein, are hereby approved by this Parish School Board and the President and Secretary of the Parish School Board are hereby authorized, empowered and directed to sign copies thereof as evidence of its approval.
This resolution having been submitted to a vote, the vote thereon was as follows:
MEMBERS:
YEAS: Jack White, A.R. Sims, Jerry R. Hicks, John L. Russell, Carey Walker and Susan Spence
NAYS: None
ABSENT: Scott Robinson
ABSTAINING: None
And the resolution was declared adopted on this, the 26h day of August, 2008.
/s/ Robert Webber, Secretary
/s/ Jack White, President
The bids received on August 26, 2008, for the purchase of Five Million Dollars ($5,000,000) of Sales Tax School Bonds, Series 2008 (the "Bonds") of the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana (the "Issuer"), were thereupon opened and read in public session of said Parish School Board, said bids being based upon the maturity schedule set out in the Official Notice of Bond Sale and hereinafter set out in these proceedings, said bids being as follows, to‑wit:
BIDDER / TIC
Morgan Keegan & Company, Inc. 3.950100%
Crews & Associates, Inc. 4.682161
The following resolution was offered by Jerry Hicks and seconded by A.R. Sims:
RESOLUTION
A resolution accepting the bid of Morgan Keegan & Company, Inc., of New Orleans, Louisiana, for the purchase of Five Million Dollars ($5,000,000) of Sales Tax School Bonds, Series 2008, of the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana.
WHEREAS, pursuant to the provisions of a Notice of Bond Sale dated as of July 23, 2008, 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 Ouachita, State of Louisiana, (the "Issuer") on July 23, 2008, bids were solicited for the purchase of Five Million Dollars ($5,000,000) of Sales Tax School Bonds, Series 2008, of the Issuer (the "Bonds"), on August 26, 2008; and
WHEREAS, two (2) bids were received for the purchase of the Bonds; and
WHEREAS, the Parish School Board of the Parish of Ouachita, State of Louisiana (the "Governing Authority") has found and determined and does hereby find and determine that the bid submitted by Morgan Keegan & Company, Inc., of New Orleans, Louisiana (the "Purchaser"), complies with all terms and conditions prescribed by the Notice of Bond Sale and Official Statement; and
WHEREAS, this Governing Authority 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 Ouachita, State of Louisiana, acting as the governing authority of the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana, 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. When the Bonds have been properly prepared, the Governing Authority is hereby authorized to deliver the Bonds to the Purchaser upon the payment of the purchase price thereof and accrued interest to the date of delivery, less a credit of $50,000 for the amount of the good faith deposit described above.
SECTION 3. This Parish School Board 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 Parish School Board 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 4. 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: Jack White, A.R. Sims, Jerry R. Hicks, John L. Russell, Carey Walker and Susan Spence
NAYS: None
ABSENT: Scott Robinson
ABSTAINING: None
And the resolution was declared adopted on this, the 26th day of August, 2008.
/s/ Robert Webber, Secretary
/s/ Jack White, President
EXHIBIT "A"
(COPY OF SUCCESSFUL BID)
(COPY OF BID ON FILE WITH THE OUACHITA PARISH SCHOOL BOARD)
EXHIBIT "B"
OFFICIAL STATEMENT CERTIFICATE
I, the undersigned Secretary of the Parish School Board of the Parish of Ouachita, State of Louisiana, with respect to the Official Statement (the "Official Statement") issued regarding the sale of Five Million Dollars ($5,000,000) of Sales Tax School Bonds, Series 2008 (the "Bonds") of the West Ouachita Parish School District of the Parish of Ouachita, 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 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, and (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 their 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.
WEST OUACHITA PARISH SCHOOL DISTRICT OF THE PARISH OF OUACHITA, STATE OF LOUISIANA
By: Secretary
Dated : ______________, 2008 (Date of Delivery)
The following resolution was offered by Jerry Hicks and seconded by A.R. Sims:
RESOLUTION
A resolution authorizing the issuance of Five Million Dollars ($5,000,000) of Sales Tax School Bonds, Series 2008, of the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana; prescribing the form, terms and conditions of such Bonds and providing for the payment thereof; authorizing an agreement with the Paying Agent; and providing for other matters in connection therewith.
WHEREAS, the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana (the "Issuer"), is now levying and collecting a special one percent (1%) sales and use tax (the "1% tax") pursuant to an election held on November 15, 1997, at which election the following proposition was approved by a majority of the qualified electors voting at such election, viz:
PROPOSITION
SUMMARY: 1% SALES AND USE TAX FOR 27 YEARS FOR CONSTRUCTING, ACQUIRING, IMPROVING, EQUIPPING, FURNISHING, MAINTAINING AND/OR OPERATING SCHOOLS AND SCHOOL RELATED FACILITIES IN THE DISTRICT, WITH THE PROCEEDS OF THE TAX BEING SUBJECT TO FUNDING INTO BONDS FOR CAPITAL IMPROVEMENTS.
Shall the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana (the "District"), under the provisions of Article VI, Section 29 of the Constitution of the State of Louisiana of 1974, and other constitutional and statutory authority, be authorized to levy and collect a tax of one per cent (1%) (the "Tax") upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, of tangible personal property and on sales of services in the District, all as defined in La. R.S. 47:301 through 47:317, for a period of twenty-seven (27) years from the date of the first levy of the Tax, with the proceeds of the Tax (after paying the reasonable and necessary costs and expenses of collecting and administering the Tax), to be dedicated and used for the purpose of constructing, acquiring, improving, equipping, furnishing, maintaining and/or operating schools and school related facilities in the District, and shall the District be further authorized to fund the proceeds of said tax into bonds to be issued for the purpose of constructing, acquiring, improving, equipping and/or furnishing schools and school related facilities in the District, including, to the extent feasible, those school projects recommended by the West Ouachita Citizens Task Force and approved by the School Board on August 5, 1997, to the extent and in the manner permitted by the laws of Louisiana, including particularly Sub-Part F, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950?
WHEREAS, pursuant to the authority of the aforesaid election, the Issuer adopted an ordinance on November 18, 1997 (the "Tax Ordinance"), providing for the levy and collection of the aforesaid 1% tax; and
WHEREAS, in accordance with the provisions of the Tax Ordinance, the net avails or proceeds of the aforesaid 1% tax (after the reasonable and necessary costs and expenses of the collection and administration thereof have been paid therefrom) shall be available for appropriation and expenditure by the Issuer for the purposes designated in the proposition authorizing the levy of the aforesaid 1% tax, which includes the payment of bonds authorized to be issued in accordance with Louisiana law; and
WHEREAS, this Parish School Board desires to issue bonds payable from a pledge and dedication of the net avails or proceeds of the special one percent (1%) sales and use tax now being levied and collected, all in accordance with Sub-Part F, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, for the purpose of constructing, acquiring, improving, equipping and/or furnishing schools and school related facilities in said School District, including, to the extent feasible, those school projects recommended by the West Ouachita Citizens Task Force and approved by the Issuer on August 5, 1997; and
WHEREAS, other than the Bonds herein authorized, the Issuer has no outstanding bonds or other obligations of any kind or nature payable from or enjoying a lien on the aforesaid 1% tax herein pledged, except the outstanding (i) Sales Tax School Bonds, Series 1998, maturing September 1, 2008 through September 1, 2023, inclusive, (ii) Sales Tax School Bonds, Series 1999, maturing September 1, 2008 through September 1, 2023, inclusive, (iii) Sales Tax School Bonds, Series 2000, maturing September 1, 2008 through September 1, 2010, inclusive, (iv) Sales Tax School Bonds, Series 2001, maturing September 1, 2008 through September 1, 2024, inclusive, (v) Sales Tax School Bonds, Series 2002, maturing September 1, 2008 through September 1, 2024, inclusive (vi) Sales Tax School Refunding Bonds, Series 2006, maturing September 1, 2008 through September 1, 2024, inclusive and (vii) Sales Tax School Bonds, Series 2007, maturing September 1, 2008 through September 1, 2024, inclusive (collectively, the "Outstanding Parity Bonds"); and
WHEREAS, under the terms and conditions of the resolutions adopted by the Issuer on September 24, 1998, April 20, 1999, September 27, 2000, March 20, 2001, March 12, 2002, February 21, 2006 and September 11, 2007, authorizing the issuance of the Outstanding Parity Bonds (collectively, the "Outstanding Parity Bond Resolution"), the Issuer has authority to issue additional bonds on a complete parity with the Outstanding Parity Bonds under the terms and conditions provided therein; and
WHEREAS, the Issuer has determined that all the terms and conditions specified in the Outstanding Parity Bond Resolution have been or will be complied with prior to the delivery of the Bonds, and it is the express desire and intention of the Issuer that the Bonds be issued on a complete parity with the Outstanding Parity Bonds; and
WHEREAS, the maturities of the hereinafter described Bonds have been arranged so that the total amount of principal and interest falling due in any year on the Bonds will never exceed 75% of the aforesaid 1% tax estimated to be received by the Issuer in the year in which the Bonds are to be issued (which is hereby estimated to be at least $9,200,000); and
WHEREAS, it is now desired to fix the details necessary with respect to the issuance of the Bonds, and to provide for the authorization and issuance thereof, as hereinafter provided, said Bonds having been advertised for sale by virtue of a resolution adopted by this governing authority on July 23, 2008;
NOW, THEREFORE, BE IT RESOLVED by the Parish School Board of the Parish of Ouachita, State of Louisiana, acting as the governing authority of the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana; and
SECTION 1 Definitions. As used herein, the following terms shall have the following meanings, unless the context otherwise requires:
"Act" means Sub-Part F, Part III, Chapter 4 of Title 39 of the Louisiana Revised Statutes of 1950, as amended.
"Agreement" means the agreement to be entered into between the Issuer and the Paying Agent pursuant to this Bond Resolution.
"Bond" or "Bonds" means the Sales Tax School Bonds, Series 2008, of the Issuer issued by this Bond Resolution in the total aggregate principal amount of Five Million Dollars ($5,000,000), and any bond of said issue, whether initially delivered or issued in exchange for, upon transfer of, or in lieu of any previously issued.
"Bond Register" means the registration books of the Paying Agent in which registration of the Bonds and transfers of the Bonds shall be made as provided herein.
"Bond Resolution" means this resolution authorizing the issuance of the Bonds.
"Bond Year" means the one year period ending on September 1 of each year, the principal payment date for the Bonds.
"Business Day" means a day of the year on which banks located in the cities in which the principal corporate trust offices of the Paying Agent are located are not required or authorized to remain closed and on which the New York Stock Exchange is not closed.
"Code" means the Internal Revenue Code of 1986, as amended.
"Defeasance Obligations" shall mean (a) cash or (b) non-callable Government Securities.
"Executive Officers" means collectively the President and the Secretary of the Parish School Board of the Parish of Ouachita, State of Louisiana.
"Fiscal Year" means the twelve-month accounting period commencing on the first day of July or any other twelve-month accounting period determined by the Governing Authority as the fiscal year of the Issuer.
"Governing Authority" means the Parish School Board of the Parish of Ouachita, 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 the respective maturities of the Bonds and may be United States Treasury Obligations such as the State and Local Government Series and may be in book‑entry form.
"Interest Payment Date" means March 1 and September 1 of each year, commencing March 1, 2009.
"Issuer" or "District" means the West Ouachita Parish School District of the Parish Ouachita, State of Louisiana.
"Outstanding" when used with respect to Bonds means, as of the date of determination, all Bonds theretofore issued and delivered under this Bond Resolution, except:
(a) Bonds theretofore canceled by the Paying Agent or delivered to the Paying Agent for cancellation;
(b) Bonds for whose payment or redemption sufficient funds have been theretofore deposited with the Paying Agent in trust for the Owners of such Bonds as provided in Section 20; provided that, if such Bonds are to be redeemed, irrevocable notice of such redemption has been duly given or provided for pursuant to this Bond Resolution, to the satisfaction of the Paying Agent, or waived;
(c) Bonds in exchange for or in lieu of which other Bonds have been registered and delivered pursuant to this Bond Resolution; and
(d) Bonds alleged to have been mutilated, destroyed, lost or stolen which have been paid as provided in this Bond Resolution.
"Outstanding Parity Bonds" shall mean the Issuer's (i) Sales Tax School Bonds, Series 1998, maturing September 1, 2008 through September 1, 2023, inclusive, (ii) Sales Tax School Bonds, Series 1999, maturing September 1, 2008 through September 1, 2023, inclusive, (iii) Sales Tax School Bonds, Series 2000, maturing September 1, 2008 through September 1, 2010, inclusive, (iv) Sales Tax School Bonds, Series 2001, maturing September 1, 2008 through September 1, 2024, inclusive, (v) Sales Tax School Bonds, Series 2002, maturing September 1, 2008 through September 1, 2024, inclusive (vi) Sales Tax School Refunding Bonds, Series 2006, maturing September 1, 2008 through September 1, 2024, inclusive, and (vii) Sales Tax School Bonds, Series 2007, maturing September 1, 2008 through September 1, 2024, inclusive as described in the preamble hereto.
"Outstanding Parity Bond Resolution" shall mean the resolutions adopted by the Issuer on September 24, 1998, April 20, 1999, September 27, 2000, March 20, 2001, March 12, 2002, February 21, 2006, and September 11, 2007 respectively, authorizing the issuance of the Outstanding Parity Bonds.
"Owner" or "Owners" when used with respect to any Bond means the Person in whose name such Bond is registered in the Bond Register.
"Parish" means the Parish of Ouachita, State of Louisiana.
"Paying Agent" means Argent Trust, a division of National Independent Trust Company, until a successor Paying Agent shall have become such pursuant to the applicable provisions of this Bond 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 Keegan & Company, Inc., of New Orleans, Louisiana, the original purchaser of the Bonds.
"Qualified Investments" shall mean the following, provided that the same are at the time legal for investment of the Issuer's funds and, if required by law, are secured at all times by collateral described in clause (A) below:
(A) Government Securities, including obligations of any of the Federal agencies set forth in clause (B) below to the extent unconditionally guaranteed by the United States of America and any certificates or any other evidences of an ownership interest in obligations or in specified portions thereof (which may consist of specified portions of the interest thereon) of the character described in this clause (A) such as those securities commonly known as CATS, TIGRS and/or STRIPS;
(B) (1) Obligations of any of the following federal agencies which obligations represeent the full faith and credit of the United States of America, including:
-Export-Import Bank
-Rural Economic Community Development Administration
-U. S. Maritime Administration
-Small Business Administration
-U. S. Department of Housing and Urban Development (PHAs)
-Federal Housing Administration
-Federal Financial Bank
(2) Direct obligations of any of the following federal agencies which obligations are not fully guaranteed by the full faith and credit of the United States of America:
-Senior debt obligations issued by the Federal National Mortgage Association (FNMA) or Federal Home Loan Mortgage Corporation (FHLMC)
-Obligations of the Resolution Funding Corporation (REFCORP)
-Senior debt obligations of the Federal Home Loan Bank System
-Senior debt obligations of other Government Sponsored Agencies approved by the Insurer, if any
(C) U. S. dollar denominated deposit accounts, federal funds and bankers' acceptances with domestic commercial banks which have a rating on their short term certificates of deposit on the date of purchase of "P-1 " by Moody's Investors Service and "A-1" or "A-1+" by Standard & Poor's, and maturing not more than 360 calendar days after the date of purchase. (Ratings on holding companies are not considered as the rating of the Bank.)
(D) Investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P;
(E) the Louisiana Asset Management Pool (LAMP); and
(F) other forms of investments (including repurchase agreements) approved in writing by the Insurer, if any.
The value of the above investments shall be determined as follows:
(a) For the purpose of determining the amount in any fund, all Qualified Investments credited to such fund shall be valued at fair market value. The Issuer or the Paying Agent shall determine the fair market value based on accepted industry standards and from accepted industry providers. Accepted industry providers shall include but are not limited to pricing services provided by Financial Times Interactive Data Corporation, Merrill Lynch, Salomon Smith Barney, Bear Stearns, or Lehman Brothers;
(b) As to certificates of deposit and bankers' acceptances: the face amount thereof plus accrued interest thereon; and
(c) As to any investment not specified above: the value thereof established by prior agreement between the Issuer and the Insurer, if any.
"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, whether or not such day is a Business Day.
"Reserve Fund Requirement" means, as of any date of calculation, a sum equal to the lesser of (i) 10% of the proceeds of the Bonds, the Outstanding Parity Bonds and any issue of additional pari passu bonds payable from the Tax or (ii) the highest combined principal and interest requirements for any succeeding Bond Year (ending September 1) on the Bonds, the Outstanding Parity Bonds, and any issue of pari passu bonds payable from the Tax.
"Revenues of the Tax" shall mean the avails or proceeds of the Issuer's one per cent (1%) sales and use tax authorized at the election held within the corporate boundaries of the Issuer on November 15, 1997, which revenues are authorized to be funded into bonds under the Act and are pledged to the payment of the Bonds and the Outstanding Parity Bonds as herein provided.
"Tax" shall mean the one per cent (1%) sales and use tax being levied and collected by the Issuer pursuant to an election held within the corporate boundaries of the Issuer on November 15, 1997 and the Tax Ordinance.
"Tax Ordinance" means the Ordinance adopted by the Issuer on November 18, 1997, providing for the levy and collection of the Tax.
SECTION 2. Authorization of Bonds. In compliance with and under the authority of the Act, and other constitutional and statutory authority, and having been authorized at an election held within the corporate boundaries of the District on November 15, 1997, there is hereby authorized the incurring of an indebtedness of Five Million Dollars ($5,000,000) for, on behalf of and in the name of the Issuer, for the purpose of constructing, acquiring, improving, equipping and/or furnishing schools and school related facilities in the District, including, to the extent feasible, those school projects recommended by the West Ouachita Citizens Task Force and approved by the Governing Authority on August 5, 1997, and to represent the said indebtedness, the Issuer does hereby authorize the issuance of Five Million Dollars ($5,000,000) of its Sales Tax School Bonds, Series 2008. The Bonds shall be in fully registered form, shall be dated October 1, 2008, shall be in the denomination of Five Thousand Dollars ($5,000) each or any integral multiple thereof within a single maturity, shall be numbered consecutively from R‑1 upward, shall bear interest from date thereof or the most recent Interest Payment Date to which interest has been paid or duly provided for, payable on March 1, 2009 and semiannually thereafter on March 1 and September 1 of each year, at the following rates of interest per annum, and shall become due and payable and mature serially on September 1 of each year as follows:
YEAR / PRINCIPAL MATURING / INTEREST RATE
2009/ $215,000/3.250%
2010/225,000/3.250
2011/235,000/3.250
2012/250,000/3.375
2013/260,000/3.500
2014/270,000/3.500
2015/285,000/3.500
2016/300,000/3.500
2017/$310,000/4.000%
2018/325,000/4.000
2019/345,000/4.000
2020/360,000/4.000
2021/375,000/4.100
2022/395,000/4.125
2023/415,000,4.125
2024/435,000/4.250
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 will be payable by check mailed by the Paying Agent to the Owner (determined as of the Record Date) at the address shown on the Bond Register. Each Bond delivered under this Bond Resolution upon transfer or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond, and each such Bond shall bear interest (as herein set forth) so that neither gain nor loss in interest shall result from such transfer, exchange or substitution. No Bond shall be entitled to any right or benefit under this Bond 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 Bond Resolution, executed by the Paying Agent by manual signature.
SECTION 3 Redemption of Bonds. Those Bonds maturing September 1, 2019, and thereafter, will be callable for redemption by the Issuer in full or in part at any time on or after September 1, 2018, and if less than a full maturity, then by lot within such maturity, at the principal amount thereof and accrued interest to the date fixed for redemption, plus a premium (expressed as a percentage of the principal to be redeemed), as follows:
Redemption Period (both dates inclusive)/Redemption Premium
September 1, 2018 to August 31, 2019 1%
September 1, 2019 to August 31, 2020 1/2%
September 1, 2020 and thereafter 0%
In the event a Bond is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed. Official notice of such call of any of the Bonds for redemption will be given by 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 registered owner of each bond to be redeemed at his address as shown on the registration books of the Paying Agent.
SECTION 4. Registration, Transfer and Exchange of Bonds. The Issuer shall cause the Bond Register to be kept at the principal office of 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 Bonds 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 BIDDER / TIC
Morgan Keegan & Company, Inc. 3.950100%
Crews & Associates, Inc. 4.682161
The following resolution was offered by Jerry Hicks and seconded by A.R. Sims:
RESOLUTION
A resolution accepting the bid of Morgan Keegan & Company, Inc., of New Orleans, Louisiana, for the purchase of Five Million Dollars ($5,000,000) of Sales Tax School Bonds, Series 2008, of the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana.
WHEREAS, pursuant to the provisions of a Notice of Bond Sale dated as of July 23, 2008, 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 Ouachita, State of Louisiana, (the "Issuer") on July 23, 2008, bids were solicited for the purchase of Five Million Dollars ($5,000,000) of Sales Tax School Bonds, Series 2008, of the Issuer (the "Bonds"), on August 26, 2008; and
WHEREAS, two (2) bids were received for the purchase of the Bonds; and
WHEREAS, the Parish School Board of the Parish of Ouachita, State of Louisiana (the "Governing Authority") has found and determined and does hereby find and determine that the bid submitted by Morgan Keegan & Company, Inc., of New Orleans, Louisiana (the "Purchaser"), complies with all terms and conditions prescribed by the Notice of Bond Sale and Official Statement; and
WHEREAS, this Governing Authority 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 Ouachita, State of Louisiana, acting as the governing authority of the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana, 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. When the Bonds have been properly prepared, the Governing Authority is hereby authorized to deliver the Bonds to the Purchaser upon the payment of the purchase price thereof and accrued interest to the date of delivery, less a credit of $50,000 for the amount of the good faith deposit described above.
SECTION 3. This Parish School Board 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 Parish School Board 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 4. 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: Jack White, A.R. Sims, Jerry R. Hicks, John L. Russell, Carey Walker and Susan Spence
NAYS: None
ABSENT: Scott Robinson
ABSTAINING: None
And the resolution was declared adopted on this, the 26th day of August, 2008.
/s/ Robert Webber, Secretary
/s/ Jack White, President
EXHIBIT "A"
(COPY OF SUCCESSFUL BID)
(COPY OF BID ON FILE WITH THE OUACHITA PARISH SCHOOL BOARD)
EXHIBIT "B"
OFFICIAL STATEMENT CERTIFICATE
I, the undersigned Secretary of the Parish School Board of the Parish of Ouachita, State of Louisiana, with respect to the Official Statement (the "Official Statement") issued regarding the sale of Five Million Dollars ($5,000,000) of Sales Tax School Bonds, Series 2008 (the "Bonds") of the West Ouachita Parish School District of the Parish of Ouachita, 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 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, and (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 their 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.
WEST OUACHITA PARISH SCHOOL DISTRICT OF THE PARISH OF OUACHITA, STATE OF LOUISIANA
By: Secretary
Dated : ______________, 2008 (Date of Delivery)
The following resolution was offered by Jerry Hicks and seconded by A.R. Sims:
RESOLUTION
A resolution authorizing the issuance of Five Million Dollars ($5,000,000) of Sales Tax School Bonds, Series 2008, of the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana; prescribing the form, terms and conditions of such Bonds and providing for the payment thereof; authorizing an agreement with the Paying Agent; and providing for other matters in connection therewith.
WHEREAS, the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana (the "Issuer"), is now levying and collecting a special one percent (1%) sales and use tax (the "1% tax") pursuant to an election held on November 15, 1997, at which election the following proposition was approved by a majority of the qualified electors voting at such election, viz:
PROPOSITION
SUMMARY: 1% SALES AND USE TAX FOR 27 YEARS FOR CONSTRUCTING, ACQUIRING, IMPROVING, EQUIPPING, FURNISHING, MAINTAINING AND/OR OPERATING SCHOOLS AND SCHOOL RELATED FACILITIES IN THE DISTRICT, WITH THE PROCEEDS OF THE TAX BEING SUBJECT TO FUNDING INTO BONDS FOR CAPITAL IMPROVEMENTS.
Shall the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana (the "District"), under the provisions of Article VI, Section 29 of the Constitution of the State of Louisiana of 1974, and other constitutional and statutory authority, be authorized to levy and collect a tax of one per cent (1%) (the "Tax") upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption, of tangible personal property and on sales of services in the District, all as defined in La. R.S. 47:301 through 47:317, for a period of twenty-seven (27) years from the date of the first levy of the Tax, with the proceeds of the Tax (after paying the reasonable and necessary costs and expenses of collecting and administering the Tax), to be dedicated and used for the purpose of constructing, acquiring, improving, equipping, furnishing, maintaining and/or operating schools and school related facilities in the District, and shall the District be further authorized to fund the proceeds of said tax into bonds to be issued for the purpose of constructing, acquiring, improving, equipping and/or furnishing schools and school related facilities in the District, including, to the extent feasible, those school projects recommended by the West Ouachita Citizens Task Force and approved by the School Board on August 5, 1997, to the extent and in the manner permitted by the laws of Louisiana, including particularly Sub-Part F, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950?
WHEREAS, pursuant to the authority of the aforesaid election, the Issuer adopted an ordinance on November 18, 1997 (the "Tax Ordinance"), providing for the levy and collection of the aforesaid 1% tax; and
WHEREAS, in accordance with the provisions of the Tax Ordinance, the net avails or proceeds of the aforesaid 1% tax (after the reasonable and necessary costs and expenses of the collection and administration thereof have been paid therefrom) shall be available for appropriation and expenditure by the Issuer for the purposes designated in the proposition authorizing the levy of the aforesaid 1% tax, which includes the payment of bonds authorized to be issued in accordance with Louisiana law; and
WHEREAS, this Parish School Board desires to issue bonds payable from a pledge and dedication of the net avails or proceeds of the special one percent (1%) sales and use tax now being levied and collected, all in accordance with Sub-Part F, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, for the purpose of constructing, acquiring, improving, equipping and/or furnishing schools and school related facilities in said School District, including, to the extent feasible, those school projects recommended by the West Ouachita Citizens Task Force and approved by the Issuer on August 5, 1997; and
WHEREAS, other than the Bonds herein authorized, the Issuer has no outstanding bonds or other obligations of any kind or nature payable from or enjoying a lien on the aforesaid 1% tax herein pledged, except the outstanding (i) Sales Tax School Bonds, Series 1998, maturing September 1, 2008 through September 1, 2023, inclusive, (ii) Sales Tax School Bonds, Series 1999, maturing September 1, 2008 through September 1, 2023, inclusive, (iii) Sales Tax School Bonds, Series 2000, maturing September 1, 2008 through September 1, 2010, inclusive, (iv) Sales Tax School Bonds, Series 2001, maturing September 1, 2008 through September 1, 2024, inclusive, (v) Sales Tax School Bonds, Series 2002, maturing September 1, 2008 through September 1, 2024, inclusive (vi) Sales Tax School Refunding Bonds, Series 2006, maturing September 1, 2008 through September 1, 2024, inclusive and (vii) Sales Tax School Bonds, Series 2007, maturing September 1, 2008 through September 1, 2024, inclusive (collectively, the "Outstanding Parity Bonds"); and
WHEREAS, under the terms and conditions of the resolutions adopted by the Issuer on September 24, 1998, April 20, 1999, September 27, 2000, March 20, 2001, March 12, 2002, February 21, 2006 and September 11, 2007, authorizing the issuance of the Outstanding Parity Bonds (collectively, the "Outstanding Parity Bond Resolution"), the Issuer has authority to issue additional bonds on a complete parity with the Outstanding Parity Bonds under the terms and conditions provided therein; and
WHEREAS, the Issuer has determined that all the terms and conditions specified in the Outstanding Parity Bond Resolution have been or will be complied with prior to the delivery of the Bonds, and it is the express desire and intention of the Issuer that the Bonds be issued on a complete parity with the Outstanding Parity Bonds; and
WHEREAS, the maturities of the hereinafter described Bonds have been arranged so that the total amount of principal and interest falling due in any year on the Bonds will never exceed 75% of the aforesaid 1% tax estimated to be received by the Issuer in the year in which the Bonds are to be issued (which is hereby estimated to be at least $9,200,000); and
WHEREAS, it is now desired to fix the details necessary with respect to the issuance of the Bonds, and to provide for the authorization and issuance thereof, as hereinafter provided, said Bonds having been advertised for sale by virtue of a resolution adopted by this governing authority on July 23, 2008;
NOW, THEREFORE, BE IT RESOLVED by the Parish School Board of the Parish of Ouachita, State of Louisiana, acting as the governing authority of the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana; and
SECTION 1 Definitions. As used herein, the following terms shall have the following meanings, unless the context otherwise requires:
"Act" means Sub-Part F, Part III, Chapter 4 of Title 39 of the Louisiana Revised Statutes of 1950, as amended.
"Agreement" means the agreement to be entered into between the Issuer and the Paying Agent pursuant to this Bond Resolution.
"Bond" or "Bonds" means the Sales Tax School Bonds, Series 2008, of the Issuer issued by this Bond Resolution in the total aggregate principal amount of Five Million Dollars ($5,000,000), and any bond of said issue, whether initially delivered or issued in exchange for, upon transfer of, or in lieu of any previously issued.
"Bond Register" means the registration books of the Paying Agent in which registration of the Bonds and transfers of the Bonds shall be made as provided herein.
"Bond Resolution" means this resolution authorizing the issuance of the Bonds.
"Bond Year" means the one year period ending on September 1 of each year, the principal payment date for the Bonds.
"Business Day" means a day of the year on which banks located in the cities in which the principal corporate trust offices of the Paying Agent are located are not required or authorized to remain closed and on which the New York Stock Exchange is not closed.
"Code" means the Internal Revenue Code of 1986, as amended.
"Defeasance Obligations" shall mean (a) cash or (b) non-callable Government Securities.
"Executive Officers" means collectively the President and the Secretary of the Parish School Board of the Parish of Ouachita, State of Louisiana.
"Fiscal Year" means the twelve-month accounting period commencing on the first day of July or any other twelve-month accounting period determined by the Governing Authority as the fiscal year of the Issuer.
"Governing Authority" means the Parish School Board of the Parish of Ouachita, 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 the respective maturities of the Bonds and may be United States Treasury Obligations such as the State and Local Government Series and may be in book‑entry form.
"Interest Payment Date" means March 1 and September 1 of each year, commencing March 1, 2009.
"Issuer" or "District" means the West Ouachita Parish School District of the Parish Ouachita, State of Louisiana.
"Outstanding" when used with respect to Bonds means, as of the date of determination, all Bonds theretofore issued and delivered under this Bond Resolution, except:
(a) Bonds theretofore canceled by the Paying Agent or delivered to the Paying Agent for cancellation;
(b) Bonds for whose payment or redemption sufficient funds have been theretofore deposited with the Paying Agent in trust for the Owners of such Bonds as provided in Section 20; provided that, if such Bonds are to be redeemed, irrevocable notice of such redemption has been duly given or provided for pursuant to this Bond Resolution, to the satisfaction of the Paying Agent, or waived;
(c) Bonds in exchange for or in lieu of which other Bonds have been registered and delivered pursuant to this Bond Resolution; and
(d) Bonds alleged to have been mutilated, destroyed, lost or stolen which have been paid as provided in this Bond Resolution.
"Outstanding Parity Bonds" shall mean the Issuer's (i) Sales Tax School Bonds, Series 1998, maturing September 1, 2008 through September 1, 2023, inclusive, (ii) Sales Tax School Bonds, Series 1999, maturing September 1, 2008 through September 1, 2023, inclusive, (iii) Sales Tax School Bonds, Series 2000, maturing September 1, 2008 through September 1, 2010, inclusive, (iv) Sales Tax School Bonds, Series 2001, maturing September 1, 2008 through September 1, 2024, inclusive, (v) Sales Tax School Bonds, Series 2002, maturing September 1, 2008 through September 1, 2024, inclusive (vi) Sales Tax School Refunding Bonds, Series 2006, maturing September 1, 2008 through September 1, 2024, inclusive, and (vii) Sales Tax School Bonds, Series 2007, maturing September 1, 2008 through September 1, 2024, inclusive as described in the preamble hereto.
"Outstanding Parity Bond Resolution" shall mean the resolutions adopted by the Issuer on September 24, 1998, April 20, 1999, September 27, 2000, March 20, 2001, March 12, 2002, February 21, 2006, and September 11, 2007 respectively, authorizing the issuance of the Outstanding Parity Bonds.
"Owner" or "Owners" when used with respect to any Bond means the Person in whose name such Bond is registered in the Bond Register.
"Parish" means the Parish of Ouachita, State of Louisiana.
"Paying Agent" means Argent Trust, a division of National Independent Trust Company, until a successor Paying Agent shall have become such pursuant to the applicable provisions of this Bond 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 Keegan & Company, Inc., of New Orleans, Louisiana, the original purchaser of the Bonds.
"Qualified Investments" shall mean the following, provided that the same are at the time legal for investment of the Issuer's funds and, if required by law, are secured at all times by collateral described in clause (A) below:
(A) Government Securities, including obligations of any of the Federal agencies set forth in clause (B) below to the extent unconditionally guaranteed by the United States of America and any certificates or any other evidences of an ownership interest in obligations or in specified portions thereof (which may consist of specified portions of the interest thereon) of the character described in this clause (A) such as those securities commonly known as CATS, TIGRS and/or STRIPS;
(B) (1) Obligations of any of the following federal agencies which obligations represeent the full faith and credit of the United States of America, including:
-Export-Import Bank
-Rural Economic Community Development Administration
-U. S. Maritime Administration
-Small Business Administration
-U. S. Department of Housing and Urban Development (PHAs)
-Federal Housing Administration
-Federal Financial Bank
(2) Direct obligations of any of the following federal agencies which obligations are not fully guaranteed by the full faith and credit of the United States of America:
-Senior debt obligations issued by the Federal National Mortgage Association (FNMA) or Federal Home Loan Mortgage Corporation (FHLMC)
-Obligations of the Resolution Funding Corporation (REFCORP)
-Senior debt obligations of the Federal Home Loan Bank System
-Senior debt obligations of other Government Sponsored Agencies approved by the Insurer, if any
(C) U. S. dollar denominated deposit accounts, federal funds and bankers' acceptances with domestic commercial banks which have a rating on their short term certificates of deposit on the date of purchase of "P-1 " by Moody's Investors Service and "A-1" or "A-1+" by Standard & Poor's, and maturing not more than 360 calendar days after the date of purchase. (Ratings on holding companies are not considered as the rating of the Bank.)
(D) Investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P;
(E) the Louisiana Asset Management Pool (LAMP); and
(F) other forms of investments (including repurchase agreements) approved in writing by the Insurer, if any.
The value of the above investments shall be determined as follows:
(a) For the purpose of determining the amount in any fund, all Qualified Investments credited to such fund shall be valued at fair market value. The Issuer or the Paying Agent shall determine the fair market value based on accepted industry standards and from accepted industry providers. Accepted industry providers shall include but are not limited to pricing services provided by Financial Times Interactive Data Corporation, Merrill Lynch, Salomon Smith Barney, Bear Stearns, or Lehman Brothers;
(b) As to certificates of deposit and bankers' acceptances: the face amount thereof plus accrued interest thereon; and
(c) As to any investment not specified above: the value thereof established by prior agreement between the Issuer and the Insurer, if any.
"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, whether or not such day is a Business Day.
"Reserve Fund Requirement" means, as of any date of calculation, a sum equal to the lesser of (i) 10% of the proceeds of the Bonds, the Outstanding Parity Bonds and any issue of additional pari passu bonds payable from the Tax or (ii) the highest combined principal and interest requirements for any succeeding Bond Year (ending September 1) on the Bonds, the Outstanding Parity Bonds, and any issue of pari passu bonds payable from the Tax.
"Revenues of the Tax" shall mean the avails or proceeds of the Issuer's one per cent (1%) sales and use tax authorized at the election held within the corporate boundaries of the Issuer on November 15, 1997, which revenues are authorized to be funded into bonds under the Act and are pledged to the payment of the Bonds and the Outstanding Parity Bonds as herein provided.
"Tax" shall mean the one per cent (1%) sales and use tax being levied and collected by the Issuer pursuant to an election held within the corporate boundaries of the Issuer on November 15, 1997 and the Tax Ordinance.
"Tax Ordinance" means the Ordinance adopted by the Issuer on November 18, 1997, providing for the levy and collection of the Tax.
SECTION 2. Authorization of Bonds. In compliance with and under the authority of the Act, and other constitutional and statutory authority, and having been authorized at an election held within the corporate boundaries of the District on November 15, 1997, there is hereby authorized the incurring of an indebtedness of Five Million Dollars ($5,000,000) for, on behalf of and in the name of the Issuer, for the purpose of constructing, acquiring, improving, equipping and/or furnishing schools and school related facilities in the District, including, to the extent feasible, those school projects recommended by the West Ouachita Citizens Task Force and approved by the Governing Authority on August 5, 1997, and to represent the said indebtedness, the Issuer does hereby authorize the issuance of Five Million Dollars ($5,000,000) of its Sales Tax School Bonds, Series 2008. The Bonds shall be in fully registered form, shall be dated October 1, 2008, shall be in the denomination of Five Thousand Dollars ($5,000) each or any integral multiple thereof within a single maturity, shall be numbered consecutively from R‑1 upward, shall bear interest from date thereof or the most recent Interest Payment Date to which interest has been paid or duly provided for, payable on March 1, 2009 and semiannually thereafter on March 1 and September 1 of each year, at the following rates of interest per annum, and shall become due and payable and mature serially on September 1 of each year as follows:
YEAR / PRINCIPAL MATURING / INTEREST RATE
2009/ $215,000/3.250%
2010/225,000/3.250
2011/235,000/3.250
2012/250,000/3.375
2013/260,000/3.500
2014/270,000/3.500
2015/285,000/3.500
2016/300,000/3.500
2017/$310,000/4.000%
2018/325,000/4.000
2019/345,000/4.000
2020/360,000/4.000
2021/375,000/4.100
2022/395,000/4.125
2023/415,000,4.125
2024/435,000/4.250
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 will be payable by check mailed by the Paying Agent to the Owner (determined as of the Record Date) at the address shown on the Bond Register. Each Bond delivered under this Bond Resolution upon transfer or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond, and each such Bond shall bear interest (as herein set forth) so that neither gain nor loss in interest shall result from such transfer, exchange or substitution. No Bond shall be entitled to any right or benefit under this Bond 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 Bond Resolution, executed by the Paying Agent by manual signature.
SECTION 3 Redemption of Bonds. Those Bonds maturing September 1, 2019, and thereafter, will be callable for redemption by the Issuer in full or in part at any time on or after September 1, 2018, and if less than a full maturity, then by lot within such maturity, at the principal amount thereof and accrued interest to the date fixed for redemption, plus a premium (expressed as a percentage of the principal to be redeemed), as follows:
Redemption Period (both dates inclusive)/Redemption Premium
September 1, 2018 to August 31, 2019 1%
September 1, 2019 to August 31, 2020 1/2%
September 1, 2020 and thereafter 0%
In the event a Bond is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed. Official notice of such call of any of the Bonds for redemption will be given by 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 registered owner of each bond to be redeemed at his address as shown on the registration books of the Paying Agent.
SECTION 4. Registration, Transfer and Exchange of Bonds. The Issuer shall cause the Bond Register to be kept at the principal office of 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 Bonds 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 the transfer of, 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 mailing of a notice of redemption of such Bond and ending on the date of such redemption.
SECTION 5 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 of the Issuer or any other officer of the Issuer 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 terms and provisions of said Letter of Representation shall govern in the event of any inconsistency between the provisions of this Bond 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 or 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 Bond 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 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 Bond Resolution referred to herein, until the termination of the system of book-entry-only transfers through DTC and notwithstanding any other provision of the Bond 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.
NO. R___________ PRINCIPAL AMOUNT $___________
UNITED STATES OF AMERICA
STATE OF LOUISIANA
PARISH OF OUACHITA
SALES TAX SCHOOL BOND, SERIES 2008 OF THE WEST OUACHITA PARISH SCHOOL DISTRICT OF THE PARISH OF OUACHITA, STATE OF LOUISIANA
Bond Date/Maturity Date/Interest Rate/CUSIP Number
October 1, 2008 September 1, ____ _______% _________
West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana (the "Issuer"), promises to pay, but solely from the source and as hereinafter provided, to:
REGISTERED OWNER: CEDE & CO. (Tax Identification #13-2555119)
PRINCIPAL AMOUNT: _____________________________
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, 2009, and semiannually thereafter on March 1 and September 1 of each year (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 this Bond, upon maturity or redemption, is payable in lawful money of the United States of America at the principal office of Argent Trust, a division of National Independent Trust Company, 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 mailed by the Paying Agent to the registered owner (determined as of the 15th calendar day of the month next preceding each Interest Payment Date) at the address as shown on the registration books of the Paying Agent.
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 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 BOND RESOLUTION SHALL BECOME DUE AND PAYABLE ON THE REDEMPTION DATE DESIGNATED IN THE NOTICE OF REDEMPTION GIVEN IN ACCORDANCE WITH THE BOND 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 THEREOF 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 BONDOWNER 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 BOND 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 Five Million Dollars ($5,000,000) (the "Bonds"), all of like tenor and effect except as to number, interest rate, denomination, and maturity, said Bonds having been issued by the Issuer pursuant to a resolution adopted on August 26, 2008 (the "Bond Resolution"), for the purpose of constructing, acquiring, improving, equipping and/or furnishing schools and school related facilities in the Issuer, and paying costs of issuance of the Bonds, under the authority conferred by Sub-Part F, Part III, Chapter 4 of Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, pursuant to all requirements therein specified, including the authorization of a majority of the qualified electors voting at an election held on November 15, 1997, the result of which election has been duly promulgated in accordance with law.
The Bonds are issuable in the denomination of $5,000, or any integral multiple thereof within a maturity. As provided in the Bond Resolution, and subject to certain limitations set forth therein, the Bonds are exchangeable for an equal aggregate principal amount of Bonds of the same maturity of any other authorized denomination.
Subject to the limitations and requirements provided in the Bond Resolution, the transfer of this Bond shall be registered on the registration books of the Paying Agent/Registrar upon surrender of this Bond at the principal corporate trust office of the Paying Agent/Registrar as Bond Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form and a guaranty of signature satisfactory to the Paying Agent/Registrar, 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 transfer of this Bond, the Issuer and the Paying Agent/Registrar may deem and treat the registered owner hereof as the absolute owner hereof (whether or not this Bond shall be overdue) for the purpose of receiving payment of or on account of principal hereof and interest hereon and for all other purposes, and neither the Issuer nor the Paying Agent/Registrar shall be affected by any notice to the contrary.
The Issuer and the Paying Agent/Registrar shall not be required to (a) issue, register the transfer of or exchange any Bond during a period beginning at the opening of business on the 15th day of the month next preceding an interest payment date or any date of selection of Bonds to be redeemed and ending at the close of business on the interest payment date or (b) to register the transfer of or exchange any Bond so selected for redemption in whole or in part.
The Bonds maturing September 1, 2019 and thereafter, will be callable for redemption by the Issuer in full or in part at any time on or after September 1, 2018, and if less than a full maturity, then by lot within such maturity, at the principal amount thereof and accrued interest to the date fixed for redemption, plus a premium (expressed as a percentage of the principal to be redeemed), as follows:
Redemption Period (both dates inclusive)/Redemption Premium
September 1, 2018 to August 31, 2019 1%
September 1, 2019 to August 31, 2020 2%
September 1, 2020 and thereafter 0%
In the event a Bond is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed. Official notice of such call of any of the Bonds for redemption will be given by 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 registered owner of each bond to be redeemed at his address as shown on the registration books of the Paying Agent.
This Bond and the issue of which it forms a part are issued on a complete parity with the Issue's outstanding (i) Sales Tax School Bonds, Series 1998, (ii) Sales Tax School Bonds, Series 1999, (iii) Sales Tax School Bonds, Series 2000, (iv) Sales Tax School Bonds, Series 2001, (v) Sales Tax School Bonds, Series 2002, (vi) Sales Tax School Refunding Bonds, Series 2006 and (vii) Sales Tax School Bonds, Series 2007 (collectively, the "Outstanding Parity Bonds"). It is certified that the Issuer, in issuing this Bond and the issue of which it forms a part, has complied with all the terms and conditions set forth in the resolutions authorizing the issuance of the Outstanding Parity Bonds.
This Bond and the issue of which it forms a part, equally with the Outstanding Parity Bonds, are payable from a pledge and dedication of the avails or proceeds of the special one percent (1%) sales and use tax being levied and collected by the Governing Authority pursuant to an election held in the Issuer on November 15, 1997 (the "Tax"), and now being levied and collected by the Issuer, pursuant to Article VI, Section 29 of the Constitution of the State of Louisiana of 1974, and other constitutional and statutory authority, subject only to the prior payment of the reasonable and necessary costs and expenses of collecting and administering the Tax, all as provided in the Bond Resolution. This Bond constitutes a borrowing solely upon the credit of the Revenues of the Tax received by the Issuer and does not constitute an indebtedness or pledge of the general credit of the Issuer within the meaning of any constitutional or statutory provisions relating to the incurring of indebtedness. The Issuer has covenanted and agreed and does hereby covenant and agree to continue to levy the Tax and not to discontinue or decrease or permit to be discontinued or decreased the Tax in anticipation of the collection of which this Bond and the issue of which it forms a part have been issued, nor in any way make any change which would diminish the amount of said Revenues of the Tax pledged to the payment of the Bonds, until all of the Bonds have been paid in principal and interest. For a complete statement of the revenues from which and conditions under which this Bond is issued, reference is hereby made to the Bond Resolution.
This Bond and the issue of which it forms a part have been duly registered with the Secretary of State of Louisiana as provided by law.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Resolution until the Certificate of Registration hereon shall have been signed by the Paying Agent.
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. It is further certified, recited and declared that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond and the issue of which it forms a part necessary 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 any limitation prescribed by the Constitution and statutes of the State of Louisiana, and that said Bonds shall not be invalid for any irregularity or defect in the proceedings for the issuance and sale thereof and shall be incontestable in the hands of bona fide purchasers or owners for value thereof.
IN WITNESS WHEREOF, the Parish School Board of the Parish of Ouachita, 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 impressed hereon.
WEST OUACHITA PARISH SCHOOL DISTRICT OF THE PARISH OF OUACHITA, STATE OF LOUISIANA
(facsimile) Secretary, Parish School Board
(facsimile) 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
Incontestable. Secured by a pledge and dedication of proceeds of a sales and use tax in the West Ouachita Parish School District of the Parish of Ouachita, State of Louisiana. Registered this _____ day of __________, 2008.
_____________________________
Secretary of State
* * * * * *
(FORM OF PAYING AGENT'S CERTIFICATE OF REGISTRATION ‑
TO BE PRINTED ON ALL BONDS)
This Bond is one of the Bonds referred to in the within mentioned Bond Resolution.
Argent Trust, a division of National Independent Trust Company,
Ruston, Louisiana as Paying Agent
Date of Registration: _______________
By: Authorized Officer
* * * * * * *
(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 Ouachita, 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 Keegan & Company, Inc., of New Orleans, Louisiana, 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, Parish School Board
* * * * * * *
(INSURANCE TO BE INSERTED, IF ANY)
* * * * * *
SECTION 7. Execution of Bonds. The Bonds shall be signed by the Executive Officers for, on behalf of, in the name of the Issuer and under the corporate seal of the Issuer, and the Legal Opinion Certificate shall be signed by the Secretary of the Issuer, which signatures may be either manual or facsimile.
SECTION 8. Registration of Bonds by Secretary of State. The Bonds shall be registered with the Secretary of State of Louisiana as provided by law and shall bear the endorsement of the Secretary of State of Louisiana in substantially the form set forth herein, provided such endorsement shall be manually signed only on the Bonds initially delivered to the Purchaser; any bonds subsequently exchanged therefor as permitted in this Bond Resolution may bear the facsimile signature of said Secretary of State.
SECTION 9. Recital of Regularity. This Governing Authority, having investigated the regularity of the proceedings had in connection with this issue of Bonds, 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 10. Pledge of Revenues of the Tax. The Bonds, equally with the Outstanding Parity Bonds, shall be secured by and payable in principal and interest solely from an irrevocable pledge and dedication of the avails or proceeds of the Tax, after there have first been paid from the gross avails or proceeds of the Tax the reasonable and necessary costs and expenses of collecting and administering the Tax, all as more fully provided in the Tax Ordinance. Said net avails or proceeds be and they are hereby irrevocably and irrepealably pledged and dedicated in an amount sufficient for the payment of the Bonds and the Outstanding Parity Bonds, in principal and interest and redemption premium, if any, as they shall respectively become due and payable, and for the other purposes hereinafter set forth in this Bond Resolution. In compliance with the Tax Ordinance, all of the Revenues of the Tax shall be set aside in a separate fund, as provided in the Outstanding Parity Bond Resolution and as herein provided, and shall be and remain pledged for the security and payment of the Bonds and the Outstanding Parity Bonds in principal and interest and for all other payments provided for in this Bond Resolution until the Bonds and the Outstanding Parity Bonds shall have been fully paid and discharged.
SECTION 11. Flow of Funds. The Issuer by proper resolutions and/or ordinances, hereby obligates itself to continue to levy and collect the Tax for the full period of its authorization and not to discontinue or decrease or permit to be discontinued or decreased the Tax in anticipation of the collection of which the Bonds and the Outstanding Parity Bonds have been issued, nor in any way make any change which would diminish the amount of the Revenues of the Tax to be received by the Issuer until all of the Bonds and the Outstanding Parity Bonds have been paid as to both principal and interest and redemption premium, if any. In order that the principal of and the interest on the Bonds and the Outstanding Parity Bonds will be paid in accordance with their terms and for the other objects and purposes hereinafter provided, the Issuer further covenants as follows:
In compliance with the Tax Ordinance, all of the avails or proceeds derived from the levy and collection thereof shall continue to be deposited daily as the same may be collected in a separate and special bank account maintained with the regularly designated fiscal agent of the Issuer and designated as the "1998 Sales Tax Account" (hereinafter called the "Sales Tax Fund"). The Sales Tax Fund shall constitute a dedicated fund of the Issuer, from which appropriations and expenditures by the Issuer shall be made solely for the purposes designated in the proposition authorizing the levy of the Tax, including the payment of the Bonds, the Outstanding Parity Bonds and any additional parity bonds.
Out of the funds on deposit in the Sales Tax Fund, the Issuer shall first pay all reasonable and necessary costs and expenses of collection and administration of the Tax. After payment of such costs and expenses, the remaining balance of the proceeds of the Tax shall be administered and used in the following order of priority and for the following express purposes:
(a) The maintenance of the "Sales Tax Bond Sinking Fund" (hereinafter called the "Sinking Fund"), heretofore established and held with the regularly designated fiscal agent of the Issuer, sufficient in amount to pay promptly and fully the principal of and interest on the Bonds, the Outstanding Parity Bonds and any additional parity bonds in the manner provided by the Bond Resolution, as they severally become due and payable, by transferring from the Sales Tax Fund, monthly, on or before the 20th day of each month of each year, a sum equal to the pro-rata amount of interest falling due on the Bonds and the Outstanding Parity Bonds on the next Interest Payment Date and the pro-rata amount of the principal on the Bonds and the Outstanding Parity Bonds falling due on the next principal payment date, together with such additional proportionate sum as may be required to pay said principal and interest as the same respectively become due. Said fiscal agent shall transfer or cause to be transferred from the Sinking Fund to the paying agent bank or banks for all bonds payable from the Sinking Fund, at least three (3) days in advance of the date on which payment of principal or interest falls due, funds fully sufficient to pay promptly the principal and interest so falling due on such date.
(b) The maintenance of the ASales Tax Bond Reserve Fund" (hereinafter called the "Reserve Fund"), heretofore established and held with the regularly designated fiscal agent of the Issuer, by depositing into the Reserve Fund (on the date of delivery of the Bonds) an amount equal to the Reserve Fund Requirement. The money in the Reserve Fund is to be retained solely for the purpose of paying the principal of and interest on the bonds payable from the Sinking Fund as to which there would otherwise be default (except for certain earnings which may be owed to the United States pursuant to Section 148(f) of the Code). In the event that additional parity bonds are issued hereafter in the manner provided by the Bond Resolution, there shall be deposited into the Reserve Fund, from the proceeds of such additional parity bonds and/or from the proceeds of the Sales Tax Fund, such additional amounts (as may be designated in the resolution authorizing the issuance of such additional parity bonds) as will increase the total amount on deposit in the Reserve Fund within a period not exceeding five (5) years to a sum equal to the Reserve Fund Requirement. Any amounts on deposit in the Reserve Fund in excess of the Reserve Fund Requirement shall be transferred to the Sales Tax Fund.
If at any time it shall be necessary to use moneys in the Reserve Fund for the purpose of paying principal or interest on bonds as to which there would otherwise be default, then the moneys so used shall be replaced from the revenues first thereafter received by the Sales Tax Fund not hereinabove required to pay the expenses of collecting the Tax or to pay current principal and interest requirements, it being the intention hereof that there shall as nearly as possible be at all times in the Reserve Fund the amount hereinabove specified.
All or any part of the moneys in the Sales Tax Fund, Sinking Fund and Reserve Fund shall, at the written request of the Issuer, be invested in Qualified Investments, except for (a) Bond proceeds representing accrued interest and (b) moneys on deposit in the Reserve Fund, which shall be invested in Government Securities maturing in five (5) years or less. All income derived from such Qualified Investments shall be added to the Sales Tax Fund, and such investments shall, to the extent at any time necessary, be liquidated and the proceeds thereof applied to the purposes for which the Sales Tax Fund was created. Notwithstanding the foregoing, income on investments in the Reserve Fund shall be added to the Sales Tax Fund only to the extent that the amount then on deposit in the Reserve Fund equals or exceeds the Reserve Fund Requirement.
All moneys remaining in the Sales Tax Fund on the 20th day of each month in excess of all reasonable and necessary costs and expenses of collection and administration of the Tax and after making the required payments into the Sinking Fund and the Reserve Fund for the current month and for prior months during which the required payments may not have been made, shall be considered as surplus. Such surplus may be used by the Issuer for any of the purposes for which the imposition of the Tax is authorized or for the purpose of retiring Bonds in advance of their maturities, either by purchase of Bonds then outstanding at prices not greater than the redemption prices of said Bonds or by retiring such Bonds at the prices and in the manner set forth in the Bond Resolution.
SECTION 12. Issuer Obligated to Continue to Collect Tax. The Issuer does hereby obligate itself and is bound under the terms and provisions of law to levy, impose, enforce and collect the Tax and to provide for all reasonable and necessary rules, regulations, procedures and penalties in connection therewith, including the proper application of the proceeds of the Tax, until all of the Bonds and the Outstanding Parity Bonds have been retired as to both principal and interest. Nothing herein contained shall be construed to prevent the Issuer from altering, amending or repealing from time to time as may be necessary this Bond Resolution or any subsequent resolution providing with respect to the Tax, said alterations, amendments or repeals to be conditioned upon the continued preservation of the rights of the Owners with respect to the Revenues of the Tax. The Tax Ordinance imposing the Tax and pursuant to which the Tax is being levied, collected and allocated, and the obligations to continue to levy, collect and allocate the Tax and to apply the revenues therefrom in accordance with the provisions of this Bond Resolution, shall be irrevocable for the full period of its authorization until the Bonds and the Outstanding Parity Bonds have been paid in full as to principal, premium, if any, and interest, and shall not be subject to amendment in any manner which would impair the rights of the Owners from time to time of the Bonds or which would in any way jeopardize the prompt payment of principal thereof and interest thereon. More specifically, neither the Legislature of Louisiana nor the Issuer may discontinue or decrease the Tax or permit to be discontinued or decreased the Tax in anticipation of the collection of which the Bonds have been issued, or in any way make any change which would diminish the amount of the Revenues of the Tax pledged to the payment of the Bonds and received by the Issuer, until all of such Bonds and the Outstanding Parity Bonds shall have been retired as to both principal and interest.
The Owners of any of the Bonds may, either at law or in equity, by suit, action, mandamus or other proceeding, enforce and compel performance of all duties required to be performed as a result of issuing the Bonds and may similarly enforce the provisions of any resolution or ordinance imposing the Tax and the Bond Resolution and proceedings authorizing the issuance of the Bonds.
SECTION 13. Covenants of the Issuer. In providing for the issuance of the Bonds, the Issuer does hereby covenant that it has a legal right to levy and collect the Tax, to issue the Bonds and to pledge the Revenues of the Tax as herein provided, and that the Bonds will have a lien and privilege on the revenues of the Tax on a parity with the Outstanding Parity Bonds subject only to the prior payment of the reasonable and necessary costs and expenses of administering and collecting the Tax.
SECTION 14. Bond Resolution a Contract. The provisions of this Bond Resolution shall constitute a contract between the Issuer and the Owner or Owners from time to time of the Bonds, and any Owner of any of the Bonds may either 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 the Issuer as a result of issuing the Bonds, and may similarly enforce the provisions of the Tax Ordinance imposing the Tax and this Bond Resolution.
SECTION 15. Records and Accounts Relating to Tax. So long as any of the Bonds are outstanding and unpaid in principal or interest, the Issuer shall maintain and keep proper books of records and accounts separate and apart from all other records and accounts in which shall be made full and correct entries of all transactions relating to the collection and expenditure of the Revenues of the Tax, including specifically but without limitation, all reasonable and necessary costs and expenses of collection.
Not later than three (3) months after the close of each Fiscal Year, the Issuer shall cause an audit of such books and accounts to be made by the Legislative Auditor of the State of Louisiana (or his successor) or by a recognized independent firm of certified public accountants showing the receipts of and disbursements made for the account of the Sales Tax Fund. Such audit shall be available for inspection upon request by the Owners of any of the Bonds. The Issuer further agrees that the Paying Agent and the Owners of any of the Bonds shall have at all reasonable times the right to inspect the records, accounts and data of the Issuer relating to the Tax.
SECTION 16. Issuance of Refunding and Additional Parity Bonds. All of the Bonds shall enjoy complete parity of lien on the Revenues of the Tax despite the fact that any of the Bonds may be delivered at an earlier date than any other of the Bonds. The Issuer shall issue no other bonds or obligations of any kind or nature payable from or enjoying a lien on the Revenues of the Tax having priority over or parity with the Bonds and the Outstanding Parity Bonds, except that bonds may hereafter be issued on a parity with the Bonds and the Outstanding Parity Bonds under the following conditions:
(a) The Bonds or any part thereof, including interest and redemption premiums thereon, may be refunded with the consent of the owners thereof (except that as to Bonds which have been properly called for redemption and provisions made for the payment thereof, such consent shall not be necessary) and the refunding bonds so issued shall enjoy complete equality of lien with the portion of the Bonds which is not refunded, if there be any, and the refunding bonds shall continue to enjoy whatever priority of lien over subsequent issues that may have been enjoyed by the Bonds refunded, provided, however, that if only a portion of Bonds outstanding is so refunded and the refunding bonds require total principal and interest payments during any Bond Year (ending September 1) in excess of the principal and interest which would have been required in such Bond Year to pay the Bonds refunded thereby, then such Bonds may not be refunded without the consent of the Owners of the unrefunded portion of the Bonds issued hereunder (provided such consent shall not be required if such refunding bonds meet the requirements set forth in clause (b) below).
(b) Additional parity bonds may also be issued, and such additional parity bonds shall be on a parity with the Bonds and the Outstanding Parity Bonds herein authorized if all of the following conditions are met:
(i) The average annual revenues derived by the Issuer from the Tax when computed for the last two (2) calendar years immediately preceding the issuance of the bonds must have been not less than 1.50 times the highest combined principal and interest requirements for any succeeding calendar year period on all Bonds and Outstanding Parity Bonds then outstanding, including any additional parity bonds theretofore issued and then outstanding, and any other bonds or other obligations whatsoever then outstanding which are payable from the Tax (but not including bonds which have been refunded or provision otherwise made for their full payment and redemption) and the additional bonds so proposed to be issued;
(ii) The payments to be made into the various funds provided for in Section 10 hereof must be current;
(iii) The existence of the facts required by paragraphs (i) and (ii) above must be determined and certified to by the Secretary and chief financial officer of the Governing Authority, or by an independent firm of certified public accountants who have previously audited the books of the Issuer or by such successors thereof as may have been employed for that purpose; and
(iv) The additional parity bonds must be payable as to principal on September 1st of each year in which principal falls due, beginning not later than three (3) years from the date of issuance of said additional parity bonds and payable as to interest on March 1st and September 1st of each year.
SECTION 17. Fidelity Bonds for Officers and Employees. So long as any of the Bonds are outstanding and unpaid, the Issuer shall require all of its officers and employees who may be in a position of authority or in possession of money derived from the collection of the Tax, to obtain or be covered by a blanket fidelity or faithful performance bond, or independent fidelity bonds written by a responsible indemnity company in amounts adequate to protect the Issuer from loss.
SECTION 18. Amendments to Bond Resolution. No material modification or amendment of this Bond 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 such modification or amendment shall permit a change in the maturity of the Bonds or the redemption provisions thereof, or a reduction in the rate of interest thereon, or the promise of the Issuer to pay the principal of and the interest on the Bonds as the same shall come due from the Revenues of the Tax, or reduce the percentage of owners required to consent to any material modification or amendment of this Bond Resolution, without the consent of the Owner or Owners of the Bonds.
SECTION 19. Mutilated, Destroyed, Lost or Stolen Bonds. If (a) 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 (b) 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 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 Bond Resolution equally and ratably with all other Outstanding Bonds. The procedures set forth in the Agreement authorized in this Bond 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 Bond Resolution. If the Issuer shall pay or cause to be paid, or there shall 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 Bond Resolution, then the pledge of the Tax or any other money, securities, and funds pledged under this Bond Resolution and all covenants, agreements, and other obligations of the Issuer to the Owners of 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 Bond Resolution to the Issuer.
SECTION 21. Defeasance. 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 Issuer 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, 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 22. Events of Default. If one or more of the following events (in this Bond Resolution called ("Events of Default") shall happen, that is to say, (i) if default shall be made in the due and punctual payment of the principal of any Bond when and as the same shall become due and payable, whether at maturity or otherwise; or (ii) if default shall be made in the due and punctual payment of any installment of interest on any Bond when and as such interest installment shall become due and payable; or (iii) if default shall be made by the Issuer in the performance or observance of any other of the covenants, agreements or conditions on its part in the Bond Resolution, any supplemental ordinance or in the Bonds contained and such default shall continue for a period of forty‑five (45) days after written notice thereof to the Issuer by the Owners of not less than 25% of the Bond Obligation (as defined in the Resolution); or (iv) if the Issuer shall file a petition or otherwise seek relief under any Federal or State bankruptcy law or similar law; then, upon the happening and continuance of any Event of Default the Owners of the Bonds shall be entitled to exercise all rights and powers for which provision is made under Louisiana law.
SECTION 23. 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 Bond 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.
SECTION 24. 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 25. Notices to Owners. Wherever this Bond 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 Bond Resolution provides for notice in any manner, such notice may be waived in writing by the Owner 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 26.Cancellation of Bonds. All Bonds surrendered for payment, redemption, transfer, exchange or replacement, if surrendered to the Paying Agent, shall be promptly cancelled by it and, if surrendered to the Issuer, shall be delivered to the Paying Agent and, if not already cancelled, shall be promptly cancelled by the Paying Agent. The Issuer may at any time deliver to the Paying Agent for cancellation any Bonds previously registered and delivered which the Issuer may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Paying Agent. All cancelled Bonds held by the Paying Agent shall be disposed of as directed in writing by the Issuer.
SECTION 27. Preparation of Bonds; Deposit of Bond 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 Bond Resolution, to cause the necessary Bonds to be printed or lithographed, to issue, execute, seal and deliver the Bonds, to effect the delivery of the Bonds in accordance with the sale thereof, to collect the purchase price therefor, and to deposit the funds derived from the sale of the Bonds (except accrued interest, which shall be deposited in the Sinking Fund and proceeds of the Bonds, if any, to be deposited in the Reserve Fund in accordance with the provisions of Section 10 hereof) in a special account with the regularly designated fiscal agent bank of the Issuer. The proceeds derived from the sale of the Bonds shall constitute a trust fund to be used exclusively for the purposes for which the Bonds are herein authorized to be issued, but the Purchaser of the Bonds shall not be obliged to see to the application thereof.
SECTION 28. 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 or (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 action and to execute and deliver any instrument, document or certificate necessary to effectuate the purposes of this Section.
SECTION 29. Bonds are "Qualified Tax-Exempt Obligations". The Bonds are designated as "qualified tax‑exempt obligations" within the meaning of Section 265(b)(3) of the Code. In making this designation, the Issuer finds and determines that:
(a) the Bonds are not "private activity bonds" within the meaning of the Code; and
(b) the reasonably anticipated amount of qualified tax-exempt obligations which will be issued by the Issuer and all subordinate entities in calendar year 2008 does not exceed $10,000,000.
SECTION 30. Publication. A copy of this Bond Resolution shall be published immediately after its adoption in one issue of the official journal of the Issuer.
SECTION 31. Recordation. A certified copy of this Bond Resolution shall be filed and recorded as soon as possible in the Mortgage Records of the Parish of Ouachita, State of Louisiana.
SECTION 32. Disclosure Under SEC Rule 15c2-12. The Executive Officers are hereby empowered and directed to execute an appropriate Continuing Disclosure Certificate (substantially in the form set forth in Appendix I 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 33. 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 34. Severability. In case any one or more of the provisions of this Bond Resolution or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Bond Resolution or of the Bonds, but this Bond Resolution and the Bonds shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. Any constitutional or statutory provision enacted after the date of this Bond Resolution which validates or makes legal any provision of this Bond Resolution and/or the Bonds which would not otherwise be valid or legal, shall be deemed to apply to this Bond Resolution and to the Bonds.
SECTION 35. Effective Date. This Bond Resolution shall become effective immediately.
This resolution having been submitted to a vote, the vote thereon was as follows:
MEMBERS:
YEAS: Jack White, A.R. Sims, Jerry R. Hicks, John L. Russell, Carey Walker and Susan Spence
NAYS: None
ABSENT: Scott Robinson
ABSTAINING: None
And the resolution was declared adopted on this, the 26th day of August, 2008.
/s/ Robert Webber, secretary
/s/ Jack White, president
9/4
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NOTICE
The Ouachita Parish School Board met in regular session on Tuesday, August 12, 2008 at three (3:00) o’clock P.M. at its regular meeting place, the Ouachita Parish School Board office.
The following members were present: Jack White, Scott Robinson, A. R. Sims, Jerry R. Hicks, John Russell, Carey Walker and Susan Spence. There were none absent.
The Pledge to the Flag was led by Board member Scott Robinson.
Board President, Jack White, led everyone in the Lord’s Prayer.
On motion by A. R. Sims, seconded by Carey Walker, the Board unanimously approved the Minutes of July 23, 2008 as written.
On motion by Jerry Hicks, seconded by A.R. Sims, the Board unanimously approved the revised Agenda as submitted.
On motion by Jerry Hicks, seconded by A.R. Sims, the Board unanimously approved the amended Personnel Agenda as presented, including the changes since mail out.
Special recognition was given to D’Anne Bennett by Communication Specialist, Aline Smead, as the Superintendent presented her a plaque. D’Anne, a teacher at Swartz Upper Elementary, represented our parish as “Elementary Teacher of the Year” at the state competition.
Director of Instruction, Brenda Deason announced the School Accountability Award winners for the spring of 2007 test cycle. Schools receive monies from the state department for their attendance and dropout scores. Schools that meet their academic growth target performance scores are labeled “Exemplary” if their subgroups grow 2 points within their school. If they meet their growth target even though their subgroups do not grow at least two (2) points, then they are labeled “Recognized Academic Growth” and get less money. Schools that are labeled “Exemplary” receive $31.69 per pupil and those labeled “Recognized” receive $21.13 per pupil (amount changes every year according to the number of schools that qualify). There are guidelines for spending the monies but are not too restrictive. The following 14 schools received monetary compensation and banners from the state for meeting their academic growth targets: Recognized: Boley, Woodlawn Middle, Riser Elementary, Swayze, A. L. Smith, and Good Hope. Exemplary: Crosley, Pinecrest, Richwood Middle, Riverbend, Robinson, Calhoun, Kiroli and West Ridge.
A+PEL representative and local president, Mitzi Murray, introduced herself to the Board and defined the functions of the organization.
On the recommendation of Business Manager Richie Garrett, Carey Walker moved, seconded by Susan Spence, that the Board adopt the resolution with respect to providing for canvassing the returns and declaring the result of the special election held in the East Ouachita Parish School District of the Parish of Ouachita, State of Louisiana, on Saturday, July 19, 2008, to authorize the incurring of debt and issuance of bonds therein. Motion unanimously carried.
Upon motion by Jerry Hicks, seconded by Scott Robinson, the Board adopted the Louisiana Compliance Questionnaire as presented by Business Manager Richie Garrett. Basically, the resolution confirms that the Board, to the best of their knowledge, has complied with the laws and regulations as set by the state and the Department of Education governing the School Board. Motion carried unanimously.
On the recommendation of Personnel Director Dr. Don Coker, Susan Spence moved, seconded by Scott Robinson, that the Board approve the revised 2008-2009 Pupil Progression Plan as submitted. Motion carried unanimously.
Transportation Supervisor Prentiss Boyd discussed the state’s request to increase the Drivers Ed instruction from 6 hours to 8 hours and asked the Board for permission to increase the Drivers Education fee from $185 to $195, a $10 increase to compensate the instructors for the additional 2 hours. Whereby, Scott Robinson moved, seconded by John Russell, that the Board allow Mr. Boyd to increase the Drivers Education fee $10, from $185 to $195 and increase the activity trip mileage fee from $0.50 to $0.75 per mile (an increase of $0.25) due to the rising cost of fuel as recommended by Transportation Supervisor Prentiss Boyd. Motion carried unanimously.
Upon the recommendation of Purchasing Agent Bobby Jones, Carey Walker moved, seconded by Susan Spence, that the Board waive the liquidated damages penalty on the completed Ouachita Parish High School scoreboard project as no adverse effects occurred from the delay in the installation for failure to complete by the date stipulated in the bid. Mr. Jones reminded the Board that the completion was delayed due to a technicality in the bid process forcing the project to be re-bid twice. Motion carried unanimously.
Purchasing Agent Bobby Jones announced that Northeast Baptist School has requested the Board’s permission to use the Riser Middle School football facilities. Following discussion, Jerry Hicks moved, seconded by Scott Robinson, that the Board grant permission to Northeast Baptist School to use the football facilities at Riser Middle School based upon an impending contract to be prepared by Board attorney Elmer Noah which will include the legal liabilities of the lessee and contain the terms and conditions for its use. Motion carried unanimously.
On motion by Jerry Hicks, seconded by Scott Robinson, the Board authorized the change orders as submitted by Facilities/Safety Coordinator Kenneth Slusher for Riser Middle School Home Economics Dept., Library and other miscellaneous items. Motion carried unanimously.
Mr. Slusher continued his renovation update with an announcement that Swartz Elementary should be completed by the start of school. Riser Middle will be ready for school opening except for the Home Economics Department. West Ridge has had trouble getting the floor tile in the new addition and will not be completed in time for the start of school.
Mr. Slusher also reported on a meeting he attended two weeks ago with the Director of DOTD regarding the proposed Sterlington elementary school site. As it stands, the State has halted the School Board from moving forward with the construction of the new school because of the impact that the additional traffic would have on the intersection at Hwy 165 and Hwy 134. They are estimating that the improvement would cost approximately 1.5 million dollars and that these funds have not been allocated in the DOTD budget for the next few years. The School Board’s position is that due to the fact they are a public entity that they feel it is the State’s obligation to provide the infrastructure associated access to the highways. The DOTD Director also told Mr. Slusher that before this roadwork is completed, that DOTD would not issue a permit to build an access road to the work site from either US Hwy 165 or LA 134. Without a construction road, the project is at a standstill. According to Ken Slusher, if the state had the money to start on the project today, it would take approximately 3 years to complete it and the Board cannot afford to wait that long because construction costs continue to rise. At this time, Slusher suggested another option for the Board’s consideration that would authorize him to hire someone to conduct a feasibility study at the existing A.L. Smith site for possibly building a school there. The Board owns the 30-acre tract where the school now stands and is enough to accommodate both a middle and elementary school.
Following further discussion, Dr. Webber stated that he has talked with Representative Mike Walsworth and he has promised to help in getting DOTD to waive the requirements for the road project. Whereby, the Board directed Mr. Slusher to get a quote for the cost of a feasibility survey at the existing A.L. Smith school property for possibly placing the new school there. On another note, Dr. Webber stated that he, the School Site Committee, and others had previously met with DOTD officers and had received prior approval from the former DOTD director to build the school without the turn lane requirements from the state. The problem may be in that the legislators passed new laws last session that are affecting the Board’s preliminary approval for this site plan.
On the recommendation of Business Manager Richie Garrett, Carey Walker moved, seconded by Susan Spence, that the Board accept the low bid of Quality Court Industries in the amount of $110,000 for the track at Ouachita Parish High School. Since this bid is over the $90,000 budget, Mr. Walker further moved to issue a deduct change order to reduce the number of layers in the track in an attempt to bring the track cost closer to budget. Motion carried unanimously.
On motion by A.R. Sims, seconded by Jerry Hicks, the Board granted permission to bid the following items as recommended by Business Manager Richie Garrett: (1) OPHS gym lobby; (2) Ag Shop equipment at WOHS; (3) disposal of concrete slab on Sterlington property; (4) sale of surplus equipment; (5) dishwasher for School Food Service. Motion carried unanimously.
The next 2 Board meetings will be held on August 26th at 12:00 noon and September 9th at 6:00 p.m.--(Public Hearing to be held prior to the meeting at 5:00 p.m.)
There being no further business to be brought before the Board, Mr. Sims moved, seconded by Scott Robinson, that the meeting adjourn. Motion carried unanimously.
OUACHITA PARISH SCHOOL BOARD
Jack W. White, President
ATTEST: Robert Webber, Secretary /ps
9/4
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NOTICE
The Pine Bayou Water System is currently in violation of the maximum contaminant level (MCL) for total trihalomethanes (TTHMs) as set forth by the State(Part XII of the Louisiana State Sanitary Code) and the Federal Primary Drinking Water Regulations (40 CFR Part 141).
The United States Environmental Protection Agency (EPA) and the Louisiana Department of Health and Hospitals (LDHH) set drinking water standards and requires the disinfection of drinking water. Where disinfection is used in the treatment of drinking water, disinfections combine with naturally occurring organic and inorganic matter present in water to form chemicals called disinfection byproducts(DBPs). EPA and LDHH set standards for controlling the levels of disinfectants and DBPs in drinking water, including trihalomethanes (THMs) and haloacetic acids (HAAs). Some people who drink water containing THMs in excess of the MCL over many years may experience problems with their liver, kidneys or central nervous system, and may have an increased risk of getting cancer.
In December 1998, EPA set enforceable drinking water standards for TTHMs at 80 parts per billion (PPB) and for HAA5 at 60 parts per billion (ppb) to reduce the risk of cancer or other adverse health effects. Compliance with the TTHMs and HAA5 standards for public water systems serving less than 10,000 individuals initially became effective and enforceable on January 1, 2004. Compliance with the TTHMs and HAA5 standards are determined by calculating an annual average (AA) of quarterly TTHMs/HAA5 sample results. Compliance calculations performed for the 2007 monitoring period show that the system's TTHMs AA was 85 ppb. Therefore, the system is in violation of the TTHMs standard.
The Pine Bayou Water System is required to monitor your drinking water for disinfection byproducts (total trihalomethanes [TTHMs] and haloacetic acids [HAA5]) every calendar quarter. Results of regular monitoring are an indicator of whether or not your drinking water meets health standards. During the following monitoring periods, the system did not monitor for total trihalomethanes (TTHMs) and haloacetic acids-five(HAA5), and therefore we cannot be sure of the quality of your drinking water during that time:
• third and fourth calendar quarters of 2007.
• first and second calendar quarters of 2008.
Please share this information will all other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools and businesses). You can do this by posting this notice in a public place or distributing copies by hand or mail.
This is not an emergency. If it had been, you would have been notified immediately. EPA and LDHH do not consider this violation to have any serious adverse effects on human health as a result of short-term exposure; however, continued long term exposure to TTHMs and HAA5 levels above the standard (e.g. 20 years of exposure) has the potential to have serious adverse effects on human health.
9/4
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LEGAL NOTICE
NOTICE is hereby given by the Mayor and Board of Alderman of the City of West Monroe, Louisiana, in accordance with Louisiana Revised Statutes, Title 33, Section 4712, that the proposed ordinance 3761 attached hereto as Exhibit "A" was introduced at the regular meeting of the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, on the 12th day of August, 2008, and will be considered for adoption at the regular meeting of the Mayor and Board of Aldermen on the 9th day of September, 2008, at 7:00 p.m. City Council Chambers, West Monroe City Hall, 2305 North Seventh Street, West Monroe, Louisiana. Any opposition to the proposed ordinance must be in writing, filed with the City Clerk within 15 days of the first publication of this Legal Notice. A public hearing will be held on any such written opposition at the time, date and place set forth above for consideration of the adoption of the proposed ordinance.
Benny Chelette, City Clerk, City of West Monroe
STATE OF LOUISIANA
CITY OF WEST MONROE
ORDINANCE NO. 3761
MOTION BY: Mr. Yeager
SECONDED BY: Mr. Bennett
AN ORDINANCE AUTHORIZING THE CITY OF WEST MONROE, LOUISIANA TO SELL CERTAIN DESCRIBED IMMOVABLE PROPERTY WHICH IS NOT NEEDED FOR ANY PUBLIC PURPOSE BY THE CITY OF WEST MONROE, LOUISIANA TO HABITAT FOR HUMANITY OF OUACHITA, INC., FOR THE CASH SUM OF $24,000.00, AND OTHERWISE PROVIDING WITH RESPECT THERETO.
WHEREAS, the City of West Monroe, Louisiana, owns certain immovable property which is not needed for public purposes, and
WHEREAS, the price offered, and the terms and conditions provided for the purchase of that property is fair and reasonable, and the intended sale and development of that immovable property will be beneficial to the City of West Monroe and its residents.
NOW, THEREFORE:
SECTION 1. BE IT ORDAINED by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that the City of West Monroe, Louisiana is hereby authorized to sell certain immovable property which is not needed for any public purpose by the City of West Monroe, Louisiana, which property is more particularly described as follows, to-wit:
See attached Exhibit “A” to Habitat For Humanity of Ouachita, Inc., for and in consideration of the cash sum of TWENTY FOUR THOUSAND AND NO/100 ($24,000.00) DOLLARS, subject to the following conditions:
a) Subject to any and all development restrictions of record, and all rights-ofway and/or servitudes of record or of use;
b) City reserves all oil, gas and other fugacious minerals in, on and under the above described property, but City, on behalf of itself, its successors, lessees, and assigns, expressly waives the right to enter upon, utilize or occupy any portion of the above described property for any mineral exploration or development; and
SECTION 2. BE IT FURTHER ORDAINED by the Mayor and Board of Aldermen of the City of West Monroe, Louisiana, in regular and legal session convened, that Dave Norris, Mayor of the City of West Monroe, Louisiana, be and he is hereby authorized to execute a Deed on behalf of the City of West Monroe, Louisiana, reflecting the price and terms set forth above, and to take any other action or execute any and all other documents deemed by him either necessary or appropriate in order to transfer the above described immovable property as set forth above, including but not limited to including a provision, whether in the deed or in a supplemental agreement, that limits the nature of the initial construction and operation of the business to be located on that property to certain types of activities for a minimum number of years, that requires the construction to be initiated within a certain time and pursued in a commercially reasonable manner through to completion, together with such other requirement and provisions as he deems appropriate, including a provision that provides for a right and option in favor of the City of West Monroe to re-acquire the property at the same price if such conditions are not timely met or to provide for liquidated damages payable to the City of West Monroe in lieu of such reacquisition, the terms, conditions or provisions of all of such conditions to be as determined appropriate by the Mayor.
SECTION 3. The above ordinance was introduced on August 12, 2008, in regular and legal session convened; notice of this ordinance was published three times in fifteen (15) days, one week apart, as required by R.S. 33:4712; no opposition being filed, it is considered by sections, voted on by yea and nay vote, passed and adopted in legal session convened this 9th day of September, 2008, with the final vote being as follows:
YEA:
NAY:
NOT VOTING:
ABSENT:
ATTEST: Benny Chelette, City Clerk, City of West Monroe, State of Louisiana
APPROVED THIS 9TH DAY OF SEPTEMBER, 2008
Dave Norris, Mayor, City of West Monroe, State of Louisiana
8/21,8/28,9/4
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PUBLIC NOTICE
NOTICE is hereby given that the Planning Commission of the City of West Monroe will meet in legal session on Monday, September 15, 2008, at 5:00 p.m. in the Council Chambers of West Monroe City Hall to review the following application(s):
APPLICATION NO: ANNX-08-60000003
APPLICANT: MILHAVEN LODGING, INC
LOCATION: 5301 I-20 SERVICE ROAD
REQUEST: ANNEXATION INTO THE CITY OF WEST MONROE CORPORATE LIMITS
LGL DSCRP: LOT IN SW4 OF SW4 SEC 29 T18N R3E BEG 576.576 FT ON E OF SW COR SAID SEC, E 336.60 FT, DEPTH NO 209.88 FT – LESS PARCEL TO HWY BOOK 697-495-
APPLICATION NO: ZC-08-45000005
APPLICANT: MILHAVEN LODGING, INC
LOCATION: 5301 I-20 SERVICE ROAD
REQUEST: ZONE CHANGE FROM O-L (OPEN LAND) TO B-3 (GENERAL BUSINESS DISTRICT) TO PURSUE DEVELOPMENT OPPORTUNITIES
LGL DSCRP: LOT IN SW4 OF SW4 SEC 29 T18N R3E BEG 576.576 FT ON E OF SW COR SAID SEC, E 336.60 FT, DEPTH NO 209.88 FT – LESS PARCEL TO HWY BOOK 697-495-
The public is invited to attend.
8/28,9/4,9/11
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PUBLIC NOTICE
Public notice of SIGNIFICANT INDUSTRIAL POLLUTION VIOLATIONS UNDER SECTION 307 OF THE FEDERAL CLEAN WATER ACT.
Listed below are industries in significant violation of the requirements for industrial discharges to sewers to 40 CFR 403 (General pretreatment regulations, United States Environmental Protection Agency) and Section 7-3001 and 7-3002 Article D, Pretreatment Ordinances City of West Monroe, Chapter 3 of Part 7 to Code of Ordinances which occurred over the past 12 months (September 1, 2007, through August 31, 2008). Publication of this notice complies with the requirements of 40 CFR 403 (*) (2) (V1).
Voith
Bill Clendenen, Pretreatment Coordinator
9/4
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STATE OF LOUISIANA
PARISH OF OUACHITA
FOURTH JUDICIAL DISTRICT COURT
BE IT KNOWN that on this 8th day of August 2008, pursuant to an order of the Court dated August 1, 2008, we the undersigned members of the Jury Commission in and for the said Parish and State, namely, Sydney Cameron, Sharon Taylor, Pamela Higgins Saulsberry, E.J. Sievers
Duly and legally appointed and sworn to law, a quorum being present, assembled at the Clerk’s Office in the Courthouse, at Monroe, Louisiana, together with W.J. Bill Hodge, Clerk of Court and a member of said Commission, and did then and there perform the duties prescribed by law in the manner following to wit: The Court ordered the drawing of 175 jurors to serve as Petit Jurors for the term of Court beginning Monday, September 22, 2008. The names having been drawn by a Computer indiscriminately and by lots as provided for by C.Cr.P.Art .416.1 are as follows:
Allen, Elizabeth L; 122 E Restful Homes Rd West Monroe
Anderson, Rita G; 3628 Johnson St Monroe
Archie, Jennifer D; 5201 Bon Aire Dr Monroe
Armstrong, Robert L; 121 Walker Rd Monroe
Augusta, Michael R; 116 Cambridge Dr Monroe
Aulds, Orell Dumas; 802 McMillan Rd West Monroe
Barnett, AJ Sr Mrs; 4834 Whites Ferry Rd West Monroe
Barr, Brian larry; 3111 Old Sterlington Rd Monroe
Bradshaw, Debra Stewart; 1823 Downs Rd West Monroe
Brady, James Elton; 660 Herman Dickerson Rd Eros
Brasiel, Chance B; 127 Wilson Dr West Monroe
Brewster, Robert Arthur; 113 Apple St West Monroe
Britt, Mary Huckabay; 123 Aycock Rd Monroe
Britton, Lelia Johnson; 1944 Golson Rd Calhoun
Bryant, Brandon Sentel; 317 Egan St Monroe
Burns, Andros D; 309 Cason St West Monroe
Busby, Mary Alice; 560 Keystone Rd Monroe
Camp, Dorothy M; 172 Parks Ln Calhoun
Caraway, Carol Z; 2711 Rosedale Dr Monroe
Carpenter, Mark E; 115 Pineway Dr West Monroe
Carpenter, Tamatha; 635 Tidwell Rd West Monroe
Carr, Jessica Foster; 851 Rowland Rd 37 Monroe
Carroll, Donta Demond; 617 Martin Luther King Monroe
Carter, Bradly Wayne; 104 Wisteria St West Monroe
Cavell, Richard M; 47 Jana Dr Monroe
Chandler, Creighton Jr; 108 Delane Dr West Monroe
Charles, Edward R; 172 Mary Ballard Rd Monroe
Coleman, George Namon; 130 Oak Cir Monroe
Comanche, Roosevelt Jr; 1706 Ford St Monroe
Conway, Kendric Dewayne; 131 Cedar Crest Dr Monroe
Corkern, Judy M; 117 Northwood Cir West Monroe
Cowart, Marion K; 1886 Caples Rd West Monroe
Creed, Walter; 305 Warren Dr West Monroe
Cyrus, Calvin D; 48 Northgate Dr Monroe
Denner, David K; 457 Joe White Rd Monroe
Drumgo, John Thomas; 1110 S 10th St Monroe
Dunn, Emalie Virginia; 2503 Bramble Dr Monroe
Eads, James W Jr; 2104 Pope St Monroe
Edwards, Darrin K; 703 S 17th St Monroe
Edwards, Shirley H; 1403 Finks Hideaway Rd Monroe
Elliott, Terri J; 3401 Harvester Dr 114 Monroe
Emfinger, George D; 2210 Dianne St Monroe
Enterkin, Dwayne G; 1431 Cedar St West Monroe
Evans, Melvin L Jr; 709 Angus Rd Monroe
Ferguson, Amy Kathleen; 249 Puckett Rd Monroe
Ferrington, Garrie Ann; PO Box 88 Swartz
Fontana, Kathryn D; 303 Laurel Grove Dr Monroe
Fontenot, Christel Wilson; 511 Marion St Monroe
Ford, Michelle Denise; 21 Northgate Dr 3 Monroe
Forrester, Robert Lane; 310 Forest Dr West Monroe
Foshee, William Timothy; 1003 Rowland Rd Monroe
Frost, Carl Sharon; 1227 Avant Rd West Monroe
Gage, Weldon R; 200 Rue de Lieu West Monroe
Gandy, Louis A; 206 Defreese Rd 1 West Monroe
Garcia, Rhonda; 908 Lakeside Dr Monroe
Gates, Richard A; 115 Kate Cir West Monroe
Gonzalez, John T; 120 Old D'Arbonne Rd West Monroe
Green, Stanley Ray; 4205 Elm St 53 Monroe
Guynn, Elzie O; 664 Kincaid Rd Monroe
Haney, Don Randall; 604 Spell St West Monroe
Harris, James E; 2498 Buckhorn Bend Loop Monroe
Harrison, Stanley P; 110 Debra Ln West Monroe
Henderson, Rosie Spears; 101 Michael Cir Monroe
Herrington, George Allen Jr; 2032 Crowell Rd Eros
Hill, Stella M; 47 Magnolia Dr Monroe
Hollingsworth, Conchita G; 129 Sunset Dr West Monroe
Holloway, Lloyd M; PO Box 173 Sterlington
Jamerson, Lue Ottie; 2507 S 6th St Monroe
Jenkins, Jeffrey G; 108 Lakeland Dr West Monroe
Johnson, Hattie; 108 Prune St West Monroe
Johnson, Kimberly Brooke; 31 Colonial Dr Monroe
Johnson, Nicholas Cortez; 5219 Brown St Monroe
Johnson, Reshida R; 301 Kiroli Rd 158 West Monroe
Johnson, Todd C; 247 Music Rd Monroe
Johnson, William Morris II; 806 S 19th St Monroe
Jones, Charles D; 1803 Medra Dr Monroe
Jones, Felton; 117 Martinez St 4 Monroe
Jones, Shaquilla N; 102 Townhouse Dr Monroe
Kelly, Ruth; 4112 Barlow St Monroe
King, Cora M; 244 Hickory Bend Rd West Monroe
King, Erica Denise; 908 Alabama St Monroe
Kingrea, Leigh Ann; 907 Hodge Watson Rd Calhoun
Knight, Donisha R; 601 Marx St Monroe
Knuff, Thomas Joseph; 7300 Frontage Rd Monroe
Lee, Warren Douglas; 1515 Bennie Breece St West Monroe
Lewis, Patricia H; 171 Terry Lewis Ln Eros
Lewis, Richard Brian; 5938 Hwy 546 Eros
Lillie, Sandra Ann; 409 Mt Vernon Church Rd West Monroe
Lockwood, Nelda Teresa Poss; 1531 Swartz Fairbanks Monroe
Lowery, Bertie Mavis J; 607 Chauvin Pointe Dr Monroe
Maryland, Jesse J; PO Box 7222 Monroe
McCasland, Jules Orville; 805 Adcock St Monroe
McCleish, Dolph M; 2802 LaSalle St Monroe
Mitchell, Heather Joyce; 414 E Frenchman's Bend Monroe
Monk, Sonya Denise; 606 Harvey Ave 10 Sterlington
Moore, Stephen W; 3401 Harvester Dr 29 Monroe
Morris, Ashley Elizabeth; 2705 Oak Dr Monroe
Munson, Ronald H Jr; 127 S 21st St Monroe
Neal, Elvie; 294 Pace Rd West Monroe
Nielsen, Jamie Lynn; 111 Height St West Monroe
Nolan, Stephan C; 1288 Prairie Rd Monroe
Norman, Dexter D; 1611 S 7th St Monroe
Oetgen, Harold D; 283 Ginger Ln West Monroe
Ogg, Ramsey L; 3403 Cuba Blvd Monroe
Pace, Mary Elizabeth; 407 Hillside Cir West Monroe
Parker, Karen B; 140 Blalock Ln West Monroe
Parker, Stan T; PO Box 605 Sterlington
Parks, Jamie Lee Dunn; 215 Sussex Dr Monroe
Pickering, RB 1103 Warren Dr 27 West Monroe
Pickett, Jeremy Clay; 743 Spring Hill Rd Monroe
Pitcher, Tami M; 3271 Deborah Dr Monroe
Plumley, Bettie Jean; 2375 Hwy 134 Monroe
Presley, Roderick G; 634 Jim Hinton Rd Choudrant
Price, Alvinia Ann; 2929 Chester St Monroe
Prince, Paul Leon; 105 Hart St Monroe
Prudhomme, Suzanne M; 414 Glenmar Ave A Monroe
Rayford, Ronnie Sr; 311 Carlton Ave Monroe
Reagan, Curtis Marvin; 323 Hickory St West Monroe
Reeves, Cathy Ann; 503 Harn St Monroe
Reeves, Kenneth Brown; 514 Ritter Rd Calhoun
Richard, Gracie Lee; 2000 Peach St 59 Monroe
Roberson, Perry L; 1308 Bailey St West Monroe
Roberts, Jerry Dean; 1905 Wellerman Rd West Monroe
Rodgers, Brian W; 617 Washington St West Monroe
Roe, Miesha Nicole; 113 Orange St West Monroe
Rubin, Jack M; PO Box 2751 Monroe
Salomon, Aaron Bernard; 3209 W Deborah Dr Monroe
Salsbury, Travis Wayne II; 130 Dove Dr West Monroe
Salter, Julie Ann; 111 Sheila Dr West Monroe
Sartor, George M; 619 Arlington Pl West Monroe
Scott, Cathy Keller; 6302 Cypress Point Dr Monroe
Sickmiller, Julie Shay; 407 Dolly Dr Monroe
Slacks, Ross Eugene; 801 Jason Dr Monroe
Smith, Arleece T; 118 Ventura Dr West Monroe
Smith, Brandy L; 113 Kenny Ln West Monroe
Smith, John H; 113 Mays Dr Monroe
Smith, Martha Buie; 2816 Washington Rd Monroe
Spencer, Juliet Padgham; 98 Whippoorwill Dr Monroe
Steen, Patricia S; 204 Jackson St West Monroe
Stevens, Joshua James; 104 McElroy Ave Monroe
Stewart, Curtis Lee; 1609 S 6th St Monroe
Stockle, Steven T; PO Box 779 Sterlington
Stroud, Adam Dwaine; 14 Live Oak Dr Monroe
Sullivan, Helen Larrecie; 221 Peach Ridge Dr West Monroe
Swan, Daniel; 1511 Griffin St Monroe
Swan, Steve Orval; 232 Henderson Rd West Monroe
Swanner, Carie Leigh; 208 Dick Tracy Rd West Monroe
Sweat, Tammy Wick; 2337 Hwy 139 20 Monroe
Talton, Karen J; 312 Jacob St West Monroe
Thompson, Jeremy Allen; 113 Friendly St Monroe
Thompson, Joylean M; 605 Greenwood Dr Monroe
Tippen, Christopher Kyle; 1305 N 2nd St West Monroe
Tripp, Karen G; 515 Lincoln Rd 164 Monroe
Tullis, James Mrs; 17 Memory Ln West Monroe
Turner, James E Sr; 1700 Millhaven Rd Monroe
Wade, David Bernard; 1513 Frenchman's Bend Monroe
Walker, James Marie Mrs; 4007 Harvey St Monroe
Watkins, Robert E Sr; 4201 S Grand St Monroe
Watts, Lavonne W; 2712 LaSalle St Monroe
Webb, Erica Nicole; 33 Lock Dr 33 Monroe
Wesley, Joann D; 4100 Ponder St Monroe
Whitty, Doris Wallace; 1111 Ouachita Ave Monroe
Wilbanks, Murlee E; 507 Chauvin Pointe Dr Monroe
Wilkes, Joe Edward; 502 Red Cut Rd West Monroe
Williams, Kenneth Dewayne Jr; 48 Colonial Dr B1 Monroe
Williams, Lori Rae; 102 Auburn Ave Monroe
Williams, Mary C; PO Box 388 Monroe
Williams, Phyllis McVay; 1800 Woodhaven Dr A Monroe
Williams, Yolanda Yvette; 1302 N 3rd St West Monroe
Willis, Bobby L; 280 George Hamilton Rd Eros
Wilson, Doris Jean E; 135 Tidwell Rd West Monroe
Wines, Terasheo Ronshae; 813 E Rimes Cir Monroe
Woodard, Felicia Ann; 202 N 19th St Monroe
Yelton, Traci White; 133 Wellington Pl West Monroe
Young, Don Waylon; 131 Charlotte Cir Monroe
The slips containing the names of persons listed were then places in a separate envelope, which was then sealed and the words JURY NUMBER TWO written thereon and placed in said box labeled “JURY BOX.” The Jury Box and the General Venire Box were then locked and sealed and delivered to the custody of the Clerk of said Court, subject to the orders of Court.
In testimony all of which we hereunto subscribe our names on this the 8th day of August, 2008, at Monroe, Louisiana.
Pamela Higgins Saulsberry, Sydney Cameron, E.J. Sievers, Sharon Taylor
I, W.J. Bill Hodge, Clerk of Court, hereby certify that all of the members of the Jury Commission were duly summoned to attend this meeting as will appear from the Sheriff’s returns endorsed on said summons, as on file in my office.
W.J. "Bill" Hodge, Clerk of Court
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