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Public Notices: Thursday, December 11th, 2008
Public Notices Published Thursday, December 11th, 2008NOTICE
A 2000 Pontiac Grand Prix, VIN 1G2WJ52J3YF120768, is stored at Bear’s Towing, 2601 Hwy. 165 South, Monroe, Louisiana 71202. If all current charges are not paid and vehicle claimed by owner by 1/2/2009, a permit to sell or dismantle may be obtained.
12/11,12/18
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NOTICE
I, Dennis Strong, DOC# 379296, date of birth 2-7-1977, currently residing in Washington Parish, Louisiana, have applied for clemency for my conviction of Manslaughter which occurred January 13, 1996, in Ouachita Parish, Louisiana. If you have any comments or wish to communicate with the Board of Pardons, please call (225) 342-5421.
12/11,12/18,12/25
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PUBLIC NOTICE
The proposed budget for the Fourth Judicial District Indigent Defender-General Fund for the year ended December 31, 2009, has been prepared.
The budget is available for inspection. A public hearing on the proposed budget shall be held on December 29, 2008, in the Fourth Judicial District Indigent Defender Office between the hours of 10-10:30 a.m.
12/2/08 Michael Corteau
12/11
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PUBLIC NOTICE
The proposed budget for the Fourth Judicial District Indigent Defender-Juvenile Fund for the year ended December 31, 2009, has been prepared.
The budget is available for inspection. A public hearing on the proposed budget shall be held on December 29, 2008, in the Fourth Judicial District Indigent Defender Office between the hours of 10-10:30 a.m.
12/2/08 Michael Corteau
12/11
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PUBLIC NOTICE
The proposed budget for the Fourth Judicial District Indigent Defender-Expert Fund for the year ended December 31, 2009, has been prepared.
The budget is available for inspection. A public hearing on the proposed budget shall be held on December 29, 2008, in the Fourth Judicial District Indigent Defender Office between the hours of 10-10:30 a.m.
12/2/08 Michael Corteau
12/11
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PUBLIC NOTICE
The proposed budget for the Fourth Judicial District Indigent Defender-I.T. Fund for the year ended December 31, 2009, has been prepared.
The budget is available for inspection. A public hearing on the proposed budget shall be held on December 29, 2008, in the Fourth Judicial District Indigent Defender Office between the hours of 10-10:30 a.m.
12/2/08 Michael Corteau
12/11
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NOTICE
A written examination will be given in approximately ninety (90) days on a competitive basis to approved applicants for the purpose of placing names on the competitive employment list for the class of Firefighter in accordance with the provisions of the Municipal Fire and Police Civil Service Law and the rules of the Ouachita Parish Fire Department Civil Service Board. Application forms and a list of the qualification requirements that must be met for admission to this examination may be obtained from the Fire Chief's Office, at 1000 New Natchitoches Road, West Monroe, Louisiana 71292. Completed applications must be received at the above address by January 8, 2009, 4:00 p.m. (Office hours are 8:00 a.m. until 4:00 p.m., Monday through Friday).
Approved applicants will be notified of the exact date, time and place of the examination at least five days prior to the examination date.
12/11,12/18,12/25,1/1
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NOTICE
The Ouachita Parish Police Jury will conduct a public hearing on December 15, 2008 at 5:30 p.m., in the Police Jury Meeting Room at the Ouachita Parish Courthouse.
The purpose of the public hearing will be to receive comments on Ordinance No. 8896 Increasing the speed limit on Stubbs Ritchie Road from twenty-five (25) miles-per-hour to thirty-five (35) miles per hour.
All persons who wish to comment, protest, or object to any portion of the above mentioned ordinances are urged to attend this meeting.
12/11
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PUBLIC NOTICE
NOTICE is hereby given that the Board of Adjustments of the City of West Monroe will meet in legal session on Monday, December 22, 2008, at 5:30 PM in the Council Chambers of West Monroe City Hall to review the following application(s):
APPLICATION NO: VAR-08-20000005
APPLICANT: ALLIED SOUTHERN , INC.
JOHN R. CARTER
LOCATION: 611 NORTH 7TH STREET
REQUEST: SIDE YARD VARIANCE FROM REQUIRED 5’ TO 1’
LGL DSCRP: N2 OF LOTS 1, 2, 3, AND 4 SQ 3 BELL, CLARK AND MONTGOMERY ADDN.
The public is invited to attend.
12/11,12/18
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NOTICE
The Ouachita Parish School Board met in regular session on Tuesday, November 11, 2008 at twelve (12:00) o’clock noon 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 Susan Spence.
Board member Carey Walker gave the Invocation.
On motion by Jerry Hicks, seconded by A. R. Sims, the Board unanimously approved the Minutes of October 21, 2008 as written.
On motion by Carey Walker, seconded by Susan Spence, the Board approved the revised Agenda after amending to include batting cage equipment together with track equipment under item No. 3 of Evaluation of Bids [Bid No. 35-09]. Motion carried unanimously.
On motion by A. R. Sims, seconded by Jerry Hicks, the Board approved the amended Personnel Agenda as presented including the changes since mail-out.
Businessman Kerry Stepp addressed the Board with suggestions of how the Board could earn additional revenue for the school system through advertisements on school buses. His proposal offered information about using advertisements provided by his company that could financially benefit the Board if allowed to display them on the inside and outside of schools buses. After receiving input from Board members and Transportation Director “Skeeter” Boyd, Mrs. Spence suggested that staff members evaluate their position with BESE before pursuing their options in allowing advertising on school buses. The Board agreed to consider Mr. Stepp’s request once information is received from the state.
Purchasing Agent Bobby Jones announced that the legislature recently passed a mandate that requires all political subdivisions to be able to accept bids electronically on line. In addition to the requirement to provide electronic bidding, bids will continue to be accepted that are hand-delivered, sent registered mail, UPS or FedEx. Mr. Jones reported that he has received several proposals from companies offering their automated, online service. One company in particular is offering electronic service free of charge because the vendors are charged a fee to participate in the electronic bidding process. According to Mr. Jones this electronic bidding service offered by BidSync will not cost the Board anything and recommended acceptance of their offer to provide this service at no cost to the Board.
Whereby, Scott Robinson moved, seconded by Susan Spence, that the Board accept the one-year contract commencing December 31, 2008 and continuing until December 31, 2009, between BidSync and the Ouachita Parish School Board that provides free services for acceptance of electronic bids, as presented and recommended by Purchasing Agent Bobby Jones. Motion carried, with Mr. Sims casting the only “no” vote.
Business Manager Richie Garrett reported that the collections for the 14th check have been received from the City of Monroe and are down some from last year. The checks will be disbursed to employees this coming Friday.
Business Manager Richie Garrett announced that a new accounting standard goes into effect this year regarding “Post Employment Benefits” that requires governmental entities to estimate the cost of current retiree health benefits before actual retirement and hold the estimated benefit cost and funded status relating to the future retiree medical benefits in an irrevocable trust account or record the liability of the post employment benefits on the balance sheet. According to Mr. Garrett, the plan was established to provide benefits to retirees in case the school system suffers a financial crisis. His calculations reveal that if the plan is implemented the Board will incur a total liability of $236,000,000 or $9,000,000 each year. The projections of the actual liability will not be known until such time that all eligibility is exhausted and all benefits are paid. The projections and assumptions are required to be updated every two years. At the present time, Mr. Garrett says he has always operated on a pay as you go plan. Presently, the Board has the option of paying into an irrevocable trust for the “Post Employment Benefits Plan” or just recording the liability on the balance sheet. The Board decided to record the OPEB liability instead of paying the OPEB annual required contribution into an irrevocable trust. The Board stated that it would reconsider paying into an irrevocable trust in the future.
On motion by Jerry Hicks, seconded by A. R. Sims, the Board unanimously accepted the low responsive bids meeting specifications from the following vendors: (1) Paul Hewitt for digital pianos – 4 at WMHS and 2 at OPHS [Bid No. 32-09]; (2) Green Sports for track and batting cage equipment at SHS and WOHS [Bid No. 35-09]; (3) Unisource for copy paper [Bid No. 30-09]. Motion carried unanimously.
Carey Walker moved, seconded by Susan Spence, that the Board grant permission to bid an intercom system for OJHS to be paid with Eastside Bonds [Bid No. 36-09]. Motion carried unanimously.
The next Board meeting will be held on December 2, 2008 at 12:00 noon.
There being no further business to be brought before the Board, Jerry Hicks moved, seconded by A. R. Sims, that the meeting adjourn. Motion carried unanimously.
OUACHITA PARISH SCHOOL BOARD
Jack W. White, President
ATTEST: Robert Webber, Secretary
12/11
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PROCEEDINGS OF THE PARISH SCHOOL BOARD OF THE PARISH OF OUACHITA, STATE OF LOUISIANA, TAKEN AT A REGULAR MEETING HELD ON TUESDAY, DECEMBER 2, 2008.
The Parish School Board of the Parish of Ouachita, State of Louisiana, met in regular session at its regular meeting place, Parish School Board Office, 100 Bry Street, Monroe, Louisiana, on Tuesday, December 2, 2008, at twelve o'clock (12:00) noon, Louisiana Time (Central Time), pursuant to the notice duly given.
There were present: Jack White, Scott Robinson, A.R. Sims, Jerry R. Hicks, John L. Russell, Carey Walker, Susan Spence
There was absent: None
The Parish School Board of the Parish of Ouachita, State of Louisiana, was duly convened as the governing authority of East Ouachita Parish School District of the Parish of Ouachita, State of Louisiana.
The time having arrived for the sale of $9,785,000 of General Obligation School Bonds, Series 2009 of East Ouachita Parish School District of the Parish of Ouachita, State of Louisiana (the "Bonds"), scheduled for twelve o'clock (12:00) noon, prior to the opening and tabulation of bids, the President called upon Mr. C. Grant Schlueter of Foley & Judell, L.L.P., Bond Counsel, to advise the Parish School Board (the "Governing Authority") of the Parish of Ouachita, State of Louisiana (the "Parish"), acting as the governing authority of East Ouachita Parish School District 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 Governing Authority that the first order of business was to open and tabulate the sealed and electronic bids received for the issue and to formally approve the official Notice of Bond Sale and the Official Statement that was prepared and distributed to the purchaser in connection with the sale of the Bonds. He stated that the Official Statement had been prepared with the assistance of the officials and staff of the Governing Authority and the Assessor's office and other local public officials, and that all members of the Governing Authority had been furnished a copy of the same for their review and approval.
The President then announced that it was time to open and tabulate the sealed and electronic bids received for the purchase of the captioned Bonds, said Bonds having been advertised for sale by virtue of a resolution adopted on October 21, 2008. It was then stated that the Notice of Bond Sale which had been issued on October 21, 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 November 6, 2008.
Mr. Schlueter then confirmed that the Bonds had been assigned a rating of "AA-" by Standard and Poor's Corporation.
After calling for bids for the purchase of the Bonds, it was announced that three (3) bids had been received for the purchase of the Bonds.
The following resolution was offered by A.R. Sims and seconded by Susan Spence:
RESOLUTION
A resolution providing for the opening and tabulation of the sealed and electronic bids received for the purchase of Nine Million Seven Hundred Eighty Five Thousand Dollars ($9,785,000) of General Obligation School Bonds, Series 2009 of East 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 East Ouachita Parish School District of the Parish of Ouachita, State of Louisiana (the "District"):
SECTION 1. This Parish School Board (the "Governing Authority") does now proceed in open and public session to open and tabulate the sealed and electronic bids received for the purchase of Nine Million Seven Hundred Eighty Five Thousand Dollars ($9,785,000) of General Obligation School Bonds, Series 2009, of East Ouachita Parish School District of the Parish of Ouachita, State of Louisiana, authorized and duly advertised for sale by virtue of a resolution adopted on October 21, 2008.
SECTION 2. The official Notice of Bond Sale and Official Statement prepared in connection with the sale of the aforementioned Bonds, and the information contained therein, are hereby approved by this Governing Authority and the President and the Secretary of the Governing Authority are hereby authorized, empowered and directed to sign copies thereof as evidence of the approval of the District.
This resolution having been submitted to a vote, the vote thereon was as follows:
YEA: Jack White, Scott Robinson, A.R. Sims, John L. Russell, Carey Walker and Susan Spence
NAY: Jerry R. Hicks
ABSENT:
ABSTAINING:
And the resolution was declared adopted on this, 2nd day of December, 2008.
/s/ Robert Webber, Secretary
/s/ Jack White, President
The bids received on December 2, 2008, for the purchase of Nine Million Seven Hundred Eighty Five Thousand Dollars ($9,785,000) of General Obligation School Bonds, Series 2009 of East Ouachita Parish School District of the Parish of Ouachita, State of Louisiana, were thereupon read in public session of the Governing Authority, said bids being based upon the maturity schedule set out in the Official Statement and hereinafter set out in these proceedings, said bids being as follows, to‑wit:
Bidder/ TIC
Morgan Keegan & Company, Inc. 4.6748%
Stifel Nicolaus & Company, Inc. 4.8875
Sterne, Agee & Leach, Inc. 5.3302
The following resolution was offered by Susan Spence and seconded by John Russell:
RESOLUTION
A resolution accepting the bid of Morgan Keegan & Company, Inc., of New Orleans, Louisiana, for the purchase of Nine Million Seven Hundred Eighty Five Thousand Dollars ($9,785,000) of General Obligation School Bonds, Series 2009 of East Ouachita Parish School District of the Parish of Ouachita, State of Louisiana.
WHEREAS, pursuant to the provisions of a Notice of Bond Sale dated October 21, 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 governing authority of East Ouachita Parish School District of the Parish of Ouachita, State of Louisiana (the "Issuer") on October 21, 2008, bids were solicited for the purchase of Nine Million Seven Hundred Eighty Five Thousand Dollars ($9,785,000) of General Obligation School Bonds, Series 2009, of the Issuer (the "Bonds"), on December 2, 2008; and
WHEREAS, three (3) bids were received for the purchase of the Bonds; and
WHEREAS, this Parish School Board has found and determined and does hereby find and determine that the bid submitted by Morgan 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 Parish School Board desires to accept said bid and to take such action as may be necessary to accomplish the delivery of the Bonds to the Purchaser;
NOW, THEREFORE, BE IT RESOLVED by the Parish School Board of the Parish of Ouachita, State of Louisiana (the "Governing Authority"), acting as the governing authority of East Ouachita Parish School District of the Parish of Ouachita, State of Louisiana (the "District"), that:
SECTION 1. The bid of the Purchaser for the purchase of the Bonds, a copy of which is annexed hereto as Exhibit A, is hereby accepted and the Bonds are hereby awarded in compliance with the terms of the bid.
SECTION 2. In accordance with the provisions of the Preliminary Official Statement, the acceptance and award of each bid is conditioned on the receipt by wire on or before 3:30 p.m. tomorrow of an amount equal to 1% of the principal amount of the Bonds described in such bid. In the event a good faith deposit for the issue of Bonds is not received timely, this acceptance of such bid and award of the sale of such Bonds shall be void. The amount of the good faith deposit shall be deposited and credited towards the purchase price of the Bonds without regard to any interest earnings thereon.
SECTION 3. When the Bonds have been properly prepared, this Governing Authority is hereby authorized to deliver the Bonds to the Purchaser upon the payment of Nine Million Seven Hundred Eighty Five Thousand Dollars ($9,785,000) and accrued interest to the date of delivery, less a credit of $97,850 for the amount of the good faith deposit described above.
SECTION 4. The Governing Authority hereby finds that due diligence has been exercised in preparing the Bonds for sale and in preparing the Official Statement pertaining to the Bonds, and in view of that fact, the President and Secretary of the Governing Authority are hereby authorized and directed to execute and deliver to the successful bidder, as set forth herein, at the time of closing, a certificate which shall be substantially in the form of the certificate annexed hereto as Exhibit B.
SECTION 5. The foregoing resolution shall take effect immediately upon its adoption.
This resolution having been submitted to a vote, the vote thereon was as follows:
YEA: Jack White, Scott Robinson, A.R. Sims, John L. Russell, Carey Walker and Susan Spence
NAY: Jerry R. Hicks
ABSENT:
ABSTAINING:
And the resolution was declared adopted on this, 2nd day of December, 2008.
/s/ Robert Webber, Secretary
/s/ Jack White, President
EXHIBIT "A"
(COPY OF SUCCESSFUL BID)
(COPY OF BID IS 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 Nine Million Seven Hundred Eighty Five Thousand Dollars ($9,785,000) of General Obligation School Bonds, Series 2009 (the "Bonds") of East 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 East Ouachita Parish School District of the Parish of Ouachita, State of Louisiana (the "Issuer") on the date of the Preliminary Official Statement, on the date of the Official Statement, on the date of the sale of the Bonds and on the date of the delivery thereof, were and are true in all material respects, and, insofar as such matters are concerned, the Official Statement did not and does not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they are made, not misleading, 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 its activities, contained in the Official Statement are concerned, such descriptions, statements and data have been obtained from sources which the governing authority of the Issuer believes to be reliable and the said governing authority has no reason to believe that they are untrue or incomplete in any material respect, and (iii) there has been no adverse material change in the affairs of the Issuer between the date of the delivery of the Official Statement and the date of delivery of the Bonds.
EAST OUACHITA PARISH SCHOOL DISTRICT OF THE PARISH OF OUACHITA, STATE OF LOUISIANA
By: Secretary, Parish School Board
Dated: ______________, 2009 (Date of Delivery)
The following resolution was offered by Carey Walker and seconded by Susan Spence:
RESOLUTION
A resolution authorizing the incurring of debt and issuance of Nine Million Seven Hundred Eighty Five Thousand Dollars ($9,785,000) of General Obligation School Bonds, Series 2009, of East Ouachita Parish School District of the Parish of Ouachita, State of Louisiana; prescribing the form, terms and conditions of said Bonds; designating the date, denomination and place of payment of said Bonds; providing for the payment thereof in principal and interest; and providing for other matters in connection therewith.
BE IT RESOLVED by the Parish School Board of the Parish of Ouachita, State of Louisiana, acting as the governing authority of East Ouachita Parish School District of the Parish of Ouachita, State of Louisiana, that:
SECTION 1 Definitions. As used herein, the following terms shall have the following meanings, unless the context otherwise requires:
"Agreement" means the agreement to be entered into between the Issuer and the Paying Agent pursuant to this Resolution.
"Bond" means any Bonds of the Issuer authorized to be issued by this Resolution, whether initially delivered or issued in exchange for, upon transfer of, or in lieu of any Bond previously issued.
"Bond Register" means the records kept by the Paying Agent at its principal corporate office in which registration of the Bonds and transfers of the Bonds shall be made as provided herein.
"Bonds" means the Issuer's General Obligation School Bonds, Series 2009, authorized by this Resolution, in the total aggregate principal amount of Nine Million Seven Hundred Eighty Five Thousand Dollars ($9,785,000).
"Code" means the Internal Revenue Code of 1986, as amended.
"Executive Officers" means, collectively, the President and the Secretary of the Governing Authority.
"Governing Authority" means the Parish School Board of the Parish of 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 their maturity, 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" means East Ouachita Parish School District of the Parish of 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 Resolution, except:
1. Bonds theretofore canceled by the Paying Agent or delivered to the Paying Agent for cancellation;
2. Bonds for which payment or redemption sufficient funds have been theretofore deposited in trust for the owners of such Bonds, provided that if such Bonds are to be redeemed, irrevocable notice of such redemption has been duly given or provided for pursuant to this Resolution or waived;
3. Bonds in exchange for or in lieu of which other Bonds have been registered and delivered pursuant to this Resolution;
4. Bonds alleged to have been mutilated, destroyed, lost or stolen which have been paid as provided in this Resolution or by law; and
5. Bonds for the payment of the principal (or redemption price, if any) of and interest on which money or Government Securities or both are held in trust with the effect specified in this Resolution.
"Owner" or "Owners" when used with respect to any Bond means the Person in whose name such Bond is registered in the Bond Register.
"Paying Agent" means Argent Trust, a division of National Independent Trust Company, in Ruston, Louisiana, until a successor Paying Agent shall have been appointed pursuant to the applicable provisions of this Resolution and thereafter "Paying Agent" shall mean such successor Paying Agent.
"Person" means any individual, corporation, partnership, joint venture, association, joint‑stock company, trust, unincorporated organization or government or any agency or political subdivision thereof.
"Purchaser" means Morgan Keegan & Company, Inc., of New Orleans, Louisiana, the original purchaser of the Bonds.
"Record Date" for the interest payable on any Interest Payment Date means the 15th calendar day of the month next preceding such Interest Payment Date.
"Resolution" means this resolution authorizing the issuance of the Bonds, as it may be supplemented and amended.
SECTION 2 Authorization of Bonds; Maturities. In compliance with the terms and provisions of Article VI, Section 33 of the Constitution of the State of Louisiana of 1974, Sub-Part A, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and being the third and final emission of bonds authorized at a special election held on July 21, 2007, there is hereby authorized the incurring of an indebtedness of Nine Million Seven Hundred Eighty Five Thousand Dollars ($9,785,000) for, on behalf of, and in the name of the Issuer, for the purpose of acquiring and/or improving lands for building sites and playgrounds; including construction of necessary sidewalks and streets adjacent thereto; purchasing, erecting and/or improving school buildings and other school related facilities within and for the District, including, to the extent feasible, those specific school projects set forth in the "Capital Improvements Plan" approved by the Ouachita Parish School Board on April 17, 2007, and acquiring the necessary equipment and furnishings therefor, title to which shall be in the public. The Bonds shall be in fully registered form, shall be dated January 1, 2009, shall be issued in the denomination of Five Thousand Dollars ($5,000) each or any integral multiple thereof within a single maturity and shall be numbered from R‑1 upward. The unpaid principal of the Bonds shall bear interest from the date thereof or from the most recent Interest Payment Date to which interest has been paid or duly provided for, payable on each Interest Payment Date, commencing March 1, 2009, at the following rates of interest and shall mature serially on March 1 of each year as follows:
Year (March 1)/Principal Maturing/Interest Rate Per Annum
2010 215,000 5.000%
2011 225,000 4.500
2012 240,000 4.500
2013 250,000 4.500
2014 265,000 4.000
2015 275,000 4.000
2016 290,000 4.500
2017 305,000 4.500
2018 320,000 4.500
2019 340,000 4.500
2020 355,000 4.100
2021 375,000 4.125
2022 395,000 4.250%
2023 415,000 4.400
2024 435,000 4.450
2025 460,000 4.500
2026 480,000 4.550
2027 505,000 4.700
2028 535,000 4.750
2029 560,000 4.750
2030 590,000 5.000
2031 620,000 5.000
2032 650,000 5.000
2033 685,000 5.000
The principal of the Bonds, upon maturity or redemption, shall be payable at the principal corporate trust office of the Paying Agent, upon presentation and surrender thereof, and interest on the Bonds shall be payable by check mailed by the Paying Agent to the Owner (determined as of the close of business on the Record Date) at the address shown on the Bond Register. Each Bond delivered under this Resolution upon transfer of, in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond, and each such Bond shall bear interest (as herein set forth) so neither gain nor loss in interest shall result from such transfer, exchange or substitution.
During any period after the initial delivery of the Bonds in book-entry-only form when the Bonds are delivered in multiple certificates form, upon request of a registered owner of at least $1,000,000 in principal amount of Bonds outstanding, all payments of principal, premium, if any, and interest on the Bonds will be made by wire transfer in immediately available funds to an account designated by such registered owner; CUSIP number identification with appropriate dollar amounts for each CUSIP number will accompany all payments of principal, premium, and interest, whether by check or by wire transfer.
No Bond shall be entitled to any right or benefit under this Resolution, or be valid or obligatory for any purpose, unless there appears on such Bond a certificate of registration, substantially in the form provided in this Resolution, executed by the Paying Agent by manual signature.
SECTION 3 Book-Entry Registration of Bonds. The Bonds shall be initially issued in the name of Cede & Co., as nominee for The Depository Trust Company ("DTC"), as registered owner of the Bonds, and held in the custody of DTC. The Secretary of the 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 Paying Agent is hereby directed to execute said Letter of Representation. The terms and provisions of said Letter of Representation shall govern in the event of any inconsistency between the provisions of this Resolution and said Letter of Representation. Initially, a single certificate will be issued and delivered to DTC for each maturity of the Bonds. The Beneficial Owners will not receive physical delivery of Bond certificates except as provided herein. Beneficial Owners are expected to receive a written confirmation of their purchase providing details of each Bond acquired. For so long as DTC shall continue to serve as securities depository for the Bonds as provided herein, all transfers of beneficial ownership interest will be made by book-entry only, and no investor or other party purchasing, selling or otherwise transferring beneficial ownership of Bonds is to receive, hold or deliver any Bond certificate.
Notwithstanding anything to the contrary herein, while the Bonds are issued in book-entry-only form, the payment of principal of, premium, if any, and interest on the Bonds may be payable by the Paying Agent by wire transfer to DTC in accordance with the Letter of Representation.
For every transfer and exchange of the Bonds, the Beneficial Owner may be charged a sum sufficient to cover such Beneficial Owner's allocable share of any tax, fee or other governmental charge that may be imposed in relation thereto.
Bond certificates are required to be delivered to and registered in the name of the Beneficial Owner under the following circumstances:
(a) DTC determines to discontinue providing its service with respect to the Bonds. Such a determination may be made at any time by giving 30 days' notice to the Issuer and the Paying Agent and discharging its responsibilities with respect thereto under applicable law; or
b) The Issuer determines that continuation of the system of book-entry transfer through DTC (or a successor securities depository) is not in the best interests of the Issuer and/or the Beneficial Owners.
The Issuer and the Paying Agent will recognize DTC or its nominee as the Bondholder for all purposes, including notices and voting.
Neither the Issuer 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 Resolution of holding, delivering or transferring the Bonds shall be deemed modified to require the appropriate person to meet the requirements of DTC as to registering or transferring the book entry to produce the same effect.
If at any time DTC ceases to hold the Bonds, all references herein to DTC shall be of no further force or effect.
SECTION 4 Redemption Provisions. The Bonds maturing on March 1, 2020, and thereafter, shall be callable for redemption at the option of the Issuer in full or in part at any time on or after March 1, 2019, and if less than a full maturity, then by lot within such maturity, at the principal amount thereof, plus accrued interest from the most recent Interest Payment Date to which interest has been paid or duly provided for. The Bonds are not required to be redeemed in inverse order of maturity.
In the event a Bond to be redeemed is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed. Any Bond which is to be redeemed only in part shall be surrendered at the principal corporate trust office of the Paying Agent and there shall be delivered to the Owner of such Bond a new Bond or Bonds of the same maturity and of any authorized denomination or denominations as requested by such Owner in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Official notice of such call of any of the Bonds for redemption shall be given by means of first class mail, postage prepaid, by notice deposited in the United States mails not less than thirty (30) days prior to the redemption date addressed to the Owner of each Bond to be redeemed at his address as shown on the Bond Register.
SECTION 5 Registration and Transfer. The Issuer shall cause the Bond Register to be kept by the Paying Agent. The Bonds may be transferred, registered and assigned only on the Bond Register, and such registration shall be at the expense of the Issuer. A Bond may be assigned by the execution of an assignment form on the Bond or by other instruments of transfer and assignment acceptable to the Paying Agent. A new Bond or Bonds will be delivered by the Paying Agent to the last assignee (the new Owner) in exchange for such transferred and assigned Bonds after receipt of the Bonds to be transferred in proper form. Such new Bond or Bonds shall be in the denomination of $5,000 or any integral multiple thereof within a single maturity. Neither the Issuer nor the Paying Agent shall be required to issue, register, transfer or exchange any Bond during a period beginning (i) at the opening of business on a Record Date and ending at the close of business on the Interest Payment Date or (ii) with respect to Bonds to be redeemed, at the opening of business fifteen (15) days before the date of the mailing of a notice of redemption of such Bonds and ending on the date of such redemption.
SECTION 6 Form of Bonds. The Bonds and the endorsements to appear thereon shall be in substantially the following forms, respectively, to‑wit:
(FORM OF BOND)
Unless this Bond is presented by an authorized representative of the Depository Trust Company, a New York corporation ("DTC"), to the Issuer or their agent for registration of transfer, exchange, or payment, and any Bond issued is registered in the name of CEDE & CO. or in such other name as is requested by an authorized representative of DTC (and any payment is made to CEDE & CO. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, CEDE & CO., has an interest herein.
As provided in the Resolution referred to herein, until the termination of the system of book-entry-only transfers through DTC and notwithstanding any other provision of the Resolution to the contrary, this Bond may be transferred, in whole but not in part, only to a nominee of DTC, or by a nominee of DTC to DTC or a nominee of DTC, or by DTC or a nominee of DTC to any successor securities depository or any nominee thereof.
No. R-_____ Principal Amount $_________
UNITED STATES OF AMERICA
STATE OF LOUISIANA
PARISH OF OUACHITA
GENERAL OBLIGATION SCHOOL BOND, SERIES 2009
OF
EAST OUACHITA PARISH SCHOOL DISTRICT
OF THE PARISH OF OUACHITA, STATE OF LOUISIANA
Maturity Date Interest Rate/Bond Date/CUSIP
March 1, _____ ______% January 1, 2009 ___________
EAST OUACHITA PARISH SCHOOL DISTRICT OF THE PARISH OF OUACHITA, STATE OF LOUISIANA (the "Issuer"), promises to pay to:
REGISTERED OWNER: CEDE & CO. (Tax Identification #13-2555119)
PRINCIPAL AMOUNT: ____________________________ DOLLARS
or registered assigns, on the Maturity Date set forth above, the Principal Amount set forth above, together with interest thereon from the Bond Date set forth above or the most recent interest payment date to which interest has been paid or duly provided for, payable on March 1, 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 made or duly 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 corporate trust 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 close of business on the 15th calendar day of the month next preceding the 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 payment of principal, premium, if any, and interest on the Bonds will be paid by wire transfer in immediately available funds to an account designated by such registered owner; CUSIP number identification with appropriate dollar amounts for each CUSIP number must accompany all payments of principal, premium, and interest, whether by check or by wire transfer.
FOR SO LONG AS THIS BOND IS HELD IN BOOK-ENTRY FORM REGISTERED IN THE NAME OF CEDE & CO. ON THE REGISTRATION BOOKS OF THE ISSUER KEPT BY THE PAYING AGENT, AS BOND REGISTRAR, THIS BOND, IF CALLED FOR PARTIAL REDEMPTION IN ACCORDANCE WITH THE RESOLUTION, SHALL BECOME DUE AND PAYABLE ON THE REDEMPTION DATE DESIGNATED IN THE NOTICE OF REDEMPTION GIVEN IN ACCORDANCE WITH THE RESOLUTION AT, AND ONLY TO THE EXTENT OF, THE REDEMPTION PRICE, PLUS ACCRUED INTEREST TO THE SPECIFIED REDEMPTION DATE; AND THIS BOND SHALL BE PAID, TO THE EXTENT SO REDEEMED, (i) UPON PRESENTATION AND SURRENDER HEREOF AT THE OFFICE SPECIFIED IN SUCH NOTICE OR (ii) AT THE WRITTEN REQUEST OF CEDE & CO., BY CHECK MAILED TO CEDE & CO. BY THE PAYING AGENT OR BY WIRE TRANSFER TO CEDE & CO. BY THE PAYING AGENT IF CEDE & CO. AS BOND OWNER SO ELECTS. IF, ON THE REDEMPTION DATE, MONEYS FOR THE REDEMPTION OF BONDS OF SUCH MATURITY TO BE REDEEMED, TOGETHER WITH INTEREST TO THE REDEMPTION DATE, SHALL BE HELD BY THE PAYING AGENT SO AS TO BE AVAILABLE THEREFOR ON SUCH DATE, AND AFTER NOTICE OF REDEMPTION SHALL HAVE BEEN GIVEN IN ACCORDANCE WITH THE RESOLUTION, THEN, FROM AND AFTER THE REDEMPTION DATE, THE AGGREGATE PRINCIPAL AMOUNT OF THIS BOND SHALL BE IMMEDIATELY REDUCED BY AN AMOUNT EQUAL TO THE AGGREGATE PRINCIPAL AMOUNT THEREOF SO REDEEMED, NOTWITHSTANDING WHETHER THIS BOND HAS BEEN SURRENDERED TO THE PAYING AGENT FOR CANCELLATION.
This bond is one of an authorized issue aggregating in principal the sum of Nine Million Seven Hundred Eighty Five Thousand Dollars ($9,785,000) (the "Bonds"), all of like tenor and effect except as to number, denomination, interest rate and maturity, said Bonds having been issued by the Issuer pursuant to a resolution adopted by its governing authority on December 2, 2008 (the "Resolution"), for the purpose of acquiring and/or improving lands for building sites and playgrounds; including construction of necessary sidewalks and streets adjacent thereto; purchasing, erecting and/or improving school buildings and other school related facilities within and for the District, including, to the extent feasible, those specific school projects set forth in the ACapital Improvements Plan@ approved by the Ouachita Parish School Board on April 17, 2007, and acquiring the necessary equipment and furnishings therefor, title to which shall be in the public, under the authority conferred by Article VI, Section 33 of the Constitution of the State of Louisiana of 1974, Sub-Part A, Part III, Chapter 4, Title 39 of the Louisiana Revised Statutes of 1950, as amended, and other constitutional and statutory authority, and are the third and final emission of bonds authorized at an election held on July 21, 2007, the result of which election has been duly promulgated in accordance with law.
The Bonds are issuable only as fully registered bonds in the denomination of $5,000 principal amount or any integral multiple thereof, exchangeable for an equal aggregate principal amount of bonds of the same maturity of any other authorized denomination.
Subject to the limitations of and upon payment of the charges provided in the Resolution, the transfer of this Bond may be registered on the registration books of the Paying Agent upon surrender of this Bond at the principal corporate trust office of the Paying Agent as registrar, accompanied by a written instrument of transfer in form and with guaranty of signature satisfactory to the Paying Agent, duly executed by the registered owner or his attorney duly authorized in writing, and thereupon a new bond or bonds of the same maturity and of authorized denomination or denominations, for the same aggregate principal amount, will be issued to the transferee. Prior to due presentment for registration of transfer of this Bond, the Issuer and the Paying Agent may deem and treat the person in whose name this Bond is registered as the absolute owner hereof for all purposes, whether or not this Bond shall be overdue and neither the Issuer nor the Paying Agent shall be bound by any notice to the contrary.
The Bonds maturing on March 1, 2020, and thereafter, are callable for redemption at the option of the Issuer in full or in part at any time on or after March 1, 2019, and if less than a full maturity, then by lot within such maturity, at the principal amount thereof, plus accrued interest from the most recent Interest Payment Date to which interest has been paid or duly provided for. The Bonds are not required to be redeemed in inverse order of maturity. In the event any Bond to be redeemed is of a denomination larger than $5,000, a portion of such Bond ($5,000 or any multiple thereof) may be redeemed. Official notice of such call of any of the Bonds for redemption shall be given by means of first class mail, postage prepaid, by notice deposited in the United States mail 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.
The Resolution permits, with certain exceptions as therein provided, the amendment thereof and the modifications of the rights and obligations of the Issuer and the rights of the owners of the Bonds at any time by the Issuer with consent of the owners of two-thirds (2/3) of the aggregate principal amount of all Bonds issued under the Resolution, to be determined in accordance with the Resolution.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the certificate of registration hereon shall have been signed by the Paying Agent.
This Bond and the issue of which it forms a part constitute general obligations of the Issuer, and the full faith and credit of the Issuer is pledged for the payment of this Bond and the issue of which it forms a part. Said Bonds are secured by a special ad valorem tax to be imposed and collected annually in excess of all other taxes on all the property subject to such taxation within the territorial limits of the Issuer, under the Constitution and laws of Louisiana, sufficient in amount to pay the principal of this Bond and the issue of which it forms a part and the interest thereon as they severally mature.
This Bond and the issue of which it forms a part have been duly registered with the Secretary of State of Louisiana as provided by law.
It is hereby certified, recited and declared that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this Bond and the issue of which it forms a part to constitute the same legal, binding and valid obligations of the Issuer have existed, have happened and have been performed in due time, form and manner as required by law, and that the indebtedness of the Issuer, including this Bond and the issue of which it forms a part, does not exceed the limitations prescribed by the Constitution and statutes of the State of Louisiana.
It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of this State.
IN WITNESS WHEREOF, the Parish School Board of the Parish of 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 imprinted hereon.
EAST OUACHITA PARISH SCHOOL DISTRICT OF THE PARISH OF OUACHITA, STATE OF LOUISIANA
Secretary, Parish School Board President, Parish School Board
(SEAL)
* * * * * *
(FORM OF SECRETARY OF STATE ENDORSEMENT -
TO BE PRINTED ON ALL BONDS)
OFFICE OF SECRETARY OF STATE
STATE OF LOUISIANA
BATON ROUGE
This Bond secured by a tax. Registered on this, the _____ day of ___________, 2009.
Secretary of State
* * * * * *
(FORM OF PAYING AGENT'S CERTIFICATE OF REGISTRATION)
This Bond is one of the Bonds referred to in the within-mentioned Resolution.
Argent Trust, 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 ___________________, of _________________, __________________, the original purchaser thereof:
(Bond Printer Shall Insert Legal Opinion)
I further certify that an executed copy of the above legal opinion is on file in my office, and that an executed copy thereof has been furnished to the Paying Agent for this Bond.
(Facsimile) Secretary
* * * * * *
SECTION 7. Execution of Bonds. The Bonds shall be signed by the Executive Officers for, on behalf of, in the name of and under the corporate seal of the Issuer, and the Legal Opinion Certificate shall be signed by the Secretary of the Governing Authority, which signatures and corporate seal may be either manual or facsimile.
SECTION 8. Registration of Bonds. The Bonds shall be registered with the Secretary of State of the State of Louisiana as provided by law and shall bear the endorsement of the Secretary of State in substantially the form set forth herein, provided that such endorsement shall be manually signed only on the Bonds initially delivered to the Purchaser, and Bonds subsequently exchanged therefor as permitted in this Resolution may bear the facsimile signature of said Secretary of State.
SECTION 9. Pledge of Full Faith and Credit. The Bonds shall constitute general obligations of the Issuer, and the full faith and credit of the Issuer is hereby pledged for their payment. This Governing Authority does hereby obligate itself and is bound under the terms and provisions of law and the election authorizing the Bonds to impose and collect annually in excess of all other taxes a tax on all of the property subject to taxation within the territorial limits of the Issuer sufficient to pay the principal of and the interest on the Bonds falling due each year, said tax to be levied and collected by the same officers, in the same manner and at the same time as other taxes are levied and collected within the territorial limits of the Issuer.
SECTION 10. Sinking Fund. For the payment of the principal of and the interest on the Bonds, the Issuer will establish a special fund, to be held by the regularly designated fiscal agent of the Issuer (the "Sinking Fund"), into which the Issuer will deposit the proceeds of the aforesaid special tax and no other moneys whatsoever. The depository for the Sinking Fund shall transfer from the Sinking Fund to the Paying Agent at least one (1) day in advance of each Interest Payment Date, funds fully sufficient to pay promptly the principal and interest falling due on such date.
All moneys deposited with the regularly designated fiscal agent bank or banks of the Issuer or the Paying Agent under the terms of this Resolution shall constitute sacred funds for the benefit of the Owners of the Bonds, and shall be secured by said fiduciaries at all times to the full extent thereof in the manner required by law for the securing of deposits of public funds.
All or any part of the moneys in the Sinking Fund shall, at the written request of the Issuer, be invested in accordance with the provisions of the laws of the State of Louisiana, in which event all income derived from such investments shall be added only to the Sinking Fund.
SECTION 11. Application of Proceeds. The Executive Officers are hereby empowered, authorized and directed to do any and all things necessary and incidental to carry out all of the provisions of this Resolution, to cause the necessary Bonds to be printed, to issue, execute and seal the Bonds, and to effect delivery thereof as hereinafter provided. The proceeds derived from the sale of the Bonds, except accrued interest, shall be deposited by the Issuer with its fiscal agent bank or banks to be used only for the purpose for which the Bonds are issued. Accrued interest, if any, derived from the sale of the Bonds shall be deposited in the Sinking Fund to be applied to the first interest payment.
SECTION 12. Bonds Legal Obligations. The Bonds shall constitute legal, binding and valid obligations of the Issuer and shall be the only representations of the indebtedness as herein authorized and created.
SECTION 13. Resolution a Contract. The provisions of this Resolution shall constitute a contract between the Issuer, or its successor, and the Owner or Owners from time to time of the Bonds and any such Owner or Owners may at law or in equity, by suit, action, mandamus or other proceedings, enforce and compel the performance of all duties required to be performed by this Governing Authority or the Issuer as a result of issuing the Bonds.
No material modification or amendment of this Resolution, or of any resolution amendatory hereof or supplemental hereto, may be made without the consent in writing of the Owners of two‑thirds (2/3) of the aggregate principal amount of the Bonds then outstanding; provided, however, that no modification or amendment shall permit a change in the maturity or redemption provisions of the Bonds, or a reduction in the rate of interest thereon, or in the amount of the principal obligation thereof, or affecting the obligation of the Issuer to pay the principal of and the interest on the Bonds as the same shall come due from the taxes pledged and dedicated to the payment thereof by this Resolution, or reduce the percentage of the Owners required to consent to any material modification or amendment of this Resolution, without the consent of all of the Owners of the Bonds.
SECTION 14. Severability; Application of Subsequently Enacted Laws. In case any one or more of the provisions of this Resolution or of the Bonds shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this Resolution or of the Bonds, but this Resolution and the Bonds shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. Any constitutional or statutory provisions enacted after the date of this Resolution which validate or make legal any provision of this Resolution and/or the Bonds which would not otherwise be valid or legal, shall be deemed to apply to this Resolution and to the Bonds.
SECTION 15. Recital of Regularity. This Governing Authority having investigated the regularity of the proceedings had in connection with the Bonds herein authorized and having determined the same to be regular, the Bonds shall contain the following recital, to‑wit:
"It is certified that this Bond is authorized by and is issued in conformity with the requirements of the Constitution and statutes of this State."
SECTION 16. Effect of Registration. The Issuer, the Paying Agent, and any agent of either of them may treat the Owner in whose name any Bond is registered as the Owner of such Bond for the purpose of receiving payment of the principal (and redemption price) of and interest on such Bond and for all other purposes whatsoever, and to the extent permitted by law, neither the Issuer, the Paying Agent, nor any agent of either of them shall be affected by notice to the contrary.
SECTION 17. Notices to Owners. Wherever this Resolution provides for notice to Owners of Bonds of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and mailed, first‑class postage prepaid, to each Owner of such Bonds, at the address of such Owner as it appears in the Bond Register. In any case where notice to Owners of Bonds is given by mail, neither the failure to mail such notice to any particular Owner of Bonds, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds. Where this Resolution provides for notice in any manner, such notice may be waived in writing by the Owner or Owners entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by Owners shall be filed with the Paying Agent, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver.
SECTION 18. Cancellation of Bonds. All Bonds surrendered for payment, redemption, transfer, exchange or replacement, if surrendered to the Paying Agent, shall be promptly canceled by it and, if surrendered to the Issuer, shall be delivered to the Paying Agent and, if not already canceled, shall be promptly canceled by the Paying Agent. The Issuer may at any time deliver to the Paying Agent for cancellation any Bonds previously registered and delivered which the Issuer may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent. All canceled Bonds held by the Paying Agent shall be disposed of as directed in writing by the Issuer.
SECTION 19. Mutilated, Destroyed, Lost or Stolen Bonds. If (1) any mutilated Bond is surrendered to the Paying Agent, or the Issuer and the Paying Agent receive evidence to their satisfaction of the destruction, loss or theft of any Bond, and (2) there is delivered to the Issuer and the Paying Agent such security or indemnity as may be required by them to save each of them harmless, then, in the absence of notice to the Issuer or the Paying Agent that such Bond has been acquired by a bona fide purchaser, the Issuer shall execute, and upon its request the Paying Agent shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same maturity and of like tenor, interest rate and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the Issuer in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond under this Section, the Issuer may require the payment by the Owner of a sum sufficient to cover any tax or other governmental charge that may be imposed in relation thereto and any other expenses (including the fees and expenses of the Paying Agent) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost or stolen Bond shall constitute a replacement of the prior obligation of the Issuer, whether or not the mutilated, destroyed, lost or stolen Bond shall be at any time enforceable by anyone and shall be entitled to all the benefits of this Resolution equally and ratably with all other Outstanding Bonds. Any additional procedures set forth in the Agreement, authorized in this Resolution, shall also be available with respect to mutilated, destroyed, lost or stolen Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost or stolen Bonds.
SECTION 20. Discharge of Resolution; Defeasance. If the Issuer shall pay or cause to be paid, or there shall otherwise be paid to the Owners, the principal (and redemption price) of and interest on the Bonds, at the times and in the manner stipulated in this Resolution, then the pledge of the money, securities, and funds pledged under this Resolution and all covenants, agreements, and other obligations of the Issuer to the Owners of the Bonds shall thereupon cease, terminate, and become void and be discharged and satisfied, and the Paying Agent shall pay over or deliver all money held by it under this Resolution to the Issuer.
Bonds or interest installments for the payment or redemption of which money shall have been set aside and shall be held in trust (through deposit by the 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 21. Successor Paying Agent; Paying Agent Agreement. The Issuer will at all times maintain a Paying Agent meeting the qualifications hereinafter described for the performance of the duties hereunder for the Bonds. The designation of the initial Paying Agent in this Resolution is hereby confirmed and approved. The Issuer reserves the right to appoint a successor Paying Agent by (a) filing with the Person then performing such function a certified copy of a resolution or ordinance giving notice of the termination of the Agreement and appointing a successor and (b) causing notice to be given to each Owner. Every Paying Agent appointed hereunder shall at all times be a bank or trust company organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers, and subject to supervision or examination by Federal or State authority. The Executive Officers are hereby authorized and directed to execute an appropriate Agreement with the Paying Agent for and on behalf of the Issuer in such form as may be satisfactory to said officers, the signatures of said officers on such Agreement to be conclusive evidence of the due exercise of the authority granted hereunder.
SECTION 22. Arbitrage. The Issuer covenants and agrees that, to the extent permitted by the laws of the State of Louisiana, it will comply with the requirements of the Internal Revenue Code of 1986 and any amendment thereto (the "Code") in order to establish, maintain and preserve the exclusion from "gross income" of interest on the Bonds under the Code. The Issuer further covenants and agrees that it will not take any action, fail to take any action, or permit any action within its control to be taken, or permit at any time or times any of the proceeds of the Bonds or any other funds of the Issuer to be used directly or indirectly in any manner, the effect of which would be to cause the Bonds to be "arbitrage bonds" or would result in the inclusion of the interest on any of the Bonds in gross income under the Code, including, without limitation, (i) the failure to comply with the limitation on investment of Bond proceeds 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 23. 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 Aprivate 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 2009 does not exceed $10,000,000.
SECTION 24. Publication. A copy of this Resolution shall be published immediately after its adoption in one (1) issue of the official journal of the Issuer.
SECTION 25. Continuing Disclosure. The Executive Officers are hereby empowered and directed to execute an appropriate Continuing Disclosure Certificate (substantially in the form set forth in Appendix H of the official statement issued in connection with the sale and issuance of the Bonds) pursuant to S.E.C. Rule 15c2-12(b)(5).
SECTION 26. 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 27. Effective Date. This Resolution shall become effective immediately.
The foregoing Resolution having been submitted to a vote, the vote thereon was as follows:
YEA: Jack White, Scott Robinson, A.R. Sims, John L. Russell, Carey Walker and Susan Spence
NAY: Jerry R. Hicks
ABSENT:
ABSTAINING:And the resolution was declared adopted on this, 2nd day of December, 2008.
/s/ Robert Webber, Secretary
/s/ Jack White, President
12/11
NOTICE
I, Chad Allen Frankowicz, DOC# 403064, date of birth April 30, 1975, currently residing in Livingston Parish, Louisiana, have applied for clemency for my conviction of Distribution of Schedule IV Drugs, which occurred on Oct. 28, 1999, in Ouachita Parish, Louisiana. If you have any comments or wish to communicate with the Board of Pardons, please call (225) 342-5421. 12/11,12/18,12/25 |
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