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Beaver Local Board of Education Board Minutes 2009

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Beaver Local Board of Education Board Minutes 2009 BEAVER LOCAL BOARD OF EDUCATION BOARD MINUTES 2009 January 7, 2009 – Special Meeting The Beaver Local Board of Education met in special session on Wednesday, January 7, 2009, 4:00 P.M., in the Beaver Local Administration Building. ATTENDANCE: BOARD MEMBERS: OTHERS: Mr. Campbell Dr. DiBacco, Superintendent Mr. Garn Mr. Barrett, Treasurer Mr. McKenzie Mr. Meredith CALL TO ORDER The meeting was called to order by the 2008 Board President, Mr. Meredith. The roll was called noting all members were present. The purpose is the consideration of entering into executive session to conduct interviews for the vacant board seat, and any other matters that may come before the board. M-09.01 A RESOLUTION AUTHORIZING THE ISSUANCE OF NOTES IN ANTICIPATION OF THE COLLECTION OF CURRENT REVENUES Mr. Campbell moved, seconded by Mr. Garn, and upon the recommendation of the superintendent and treasurer to approve the following resolution: BE IT RESOLVED by the Board of Education (the “Board”) of the Beaver Local School District (the “Issuer”), State of Ohio: Section 1. Findings and Determinations. This Board makes the following findings and determinations: (a) It is necessary to issue Notes (the "Notes") of the Issuer in anticipation of the collection of current property tax revenues (the "Current Tax Revenues") in and for the fiscal year ending June 30, 2009 (the "2009 Fiscal Year") for the purpose of paying general operating expenses of the Issuer and financing costs for the Notes. (b) The Treasurer, as fiscal officer, has certified that the maximum maturity of Notes to be issued in anticipation of such current revenues is June 30, 2009 and that the maximum amount of such Notes is $500,000. (c) The aggregate principal amount of the Notes does not exceed one-half of the amount that the Columbiana County Budget Commission estimates the Issuer will receive from all property taxes that are to be distributed to the Issuer from all settlements of taxes that are to be made in the 2009 Fiscal Year, other than taxes to be received for the payment of debt charges, and less all advances. 1 BEAVER LOCAL BOARD OF EDUCATION BOARD MINUTES 2009 January 7, 2009 – Special Meeting M-09.01 A RESOLUTION AUTHORIZING THE ISSUANCE OF NOTES IN ANTICIPATION OF THE COLLECTION OF CURRENT REVENUES (Continued): (d) No other securities in anticipation of the collection of the Current Tax Revenues have been issued by the Issuer. (e) All acts, conditions, and things necessary to be done or to exist precedent to and in the issuing of the Notes in order to make them legal, valid, and binding special obligations of the Issuer, have happened and have been done and performed in regular and due form as required by law and that the amount of indebtedness to be incurred by the issuance of the Notes does not exceed any limitation of indebtedness as fixed by law. (f) All formal actions of this Board relating to the enactment of this resolution were taken in an open meeting of this Board. All deliberations of this Board and of any of its committees that resulted in those formal actions were in meetings open to the public, in compliance with all legal requirements including Section 121.22, Ohio Revised Code. Section 2. Note Terms. The Notes will have the following terms: (a) Principal amount of $500,000. (b) Dated the date of their issuance. (c) Mature as to principal and interest on June 30, 2009. (d) Not subject to redemption before maturity. (e) Denominations of $100,000 and any multiple of $5,000 over $100,000. (f) Bearer form (payable either to bearer or to a named payee), fully-registered form or book entry form, as requested by the purchaser of the largest principal amount of the Notes. (g) Interest rate of 3.66% per annum, calculated on a 360-day year of twelve 30-day months. (h) Signed on behalf of the Issuer by the President or Vice President of the Board and by the Treasurer. One of those signatures may be a facsimile. (i) The Notes must express upon their faces the purpose for which they are issued and that they are issued pursuant to this Resolution. (j) Designated "Current Revenue Notes, Series 2009". 2 BEAVER LOCAL BOARD OF EDUCATION BOARD MINUTES 2009 January 7, 2009 – Special Meeting M-09.01 A RESOLUTION AUTHORIZING THE ISSUANCE OF NOTES IN ANTICIPATION OF THE COLLECTION OF CURRENT REVENUES (Continued): Section 3. Payment. The principal, interest, and any redemption premium (collectively, "Debt Service Charges") payable on the Notes shall be payable in lawful money of the United States of America, and in Federal Reserve funds if requested by the purchaser, without deduction for the services of the paying agent. If the Notes are issued in bearer form (payable either to bearer or to a named payee), they shall be payable at (a) the office of any legal depository of the Issuer, designated for that purpose by the Treasurer, (b) if requested by the purchaser of the largest principal amount of the Notes, at the option of the holder of the Notes, at the office of any bank or trust company designated by the purchaser of the largest principal amount of the Notes and situated in a city in which is located a Federal Reserve Bank or branch, provided that such designation shall be approved by the Treasurer after determining that the designation of such alternate paying agent will not endanger the funds or securities of the Issuer and that proper procedures and safeguards are available for such purpose, or (c) if all of the Notes are purchased by a financial institution, at the office of that financial institution or branch, if requested by the purchaser. If the Notes are issued in fully registered form, they shall be payable upon presentation and surrender at the office of the Treasurer of the Board, as Note Registrar, to the persons in whose names the Notes are registered on the Note Register, maintained by the Note Registrar, as all described in Section 4 below. If the Notes are issued in book entry form, they shall be payable by wire transfer to the Depository on the maturity date, upon the concurrent presentation and surrender of the Notes at the office of the Note Registrar. Section 4. Authentication, Registration, Transfer, and Exchange; Book Entry System. The provisions of this Section 4 shall apply to the Notes only if the purchaser of the Notes requests that the Notes be issued in fully-registered form or book-entry form as provided in Section 2(f). In that event, no Note shall be valid or obligatory for any purpose or shall be entitled to any security or benefit under this Resolution or any other proceedings of the Issuer for the issuance of the Notes (collectively, the "Note Proceedings") unless and until the certificate of authentication printed on the Note is signed by the Note Registrar (as defined below) as authenticating agent. Authentication by the Note Registrar shall be conclusive evidence that the Note so authenticated has been duly issued, executed and delivered under, and is entitled to the security and benefit of, this Resolution. The Treasurer of the Board is hereby appointed to act as the authenticating agent, note registrar, transfer agent, and paying agent for the Notes (in such collective capacities, the "Note Registrar"). So long as any of the Notes remain outstanding, the Issuer will cause the Note Registrar to maintain and keep at his office all books and records necessary for the registration, exchange and transfer of Notes (the "Note Register") as provided in this Section. The person in whose name a Note is registered on the Note Register shall be regarded as the absolute owner of that Note for all purposes of the Note proceedings. Payment of or on account of the debt charges on any Note shall be made only to or upon the order of that person; neither the Issuer nor the Note Registrar shall be affected by 3 BEAVER LOCAL BOARD OF EDUCATION BOARD MINUTES 2009 January 7, 2009 – Special Meeting M-09.01 A RESOLUTION AUTHORIZING THE ISSUANCE OF NOTES IN ANTICIPATION OF THE COLLECTION OF CURRENT REVENUES (Continued): any notice to the contrary, but the registration may be changed as provided in this Section. All such payments shall be valid and effectual to satisfy and discharge the Issuer's liability upon the Notes, including interest, to the extent of the amount or amounts so paid. Any Note may be exchanged for Notes of any authorized denomination upon presentation and surrender at the office of the Note Registrar, together with a request for exchange signed by the registered owner or by a person legally empowered to do so in a form satisfactory to the Note Registrar. A Note may be transferred only on the Note Register upon presentation and surrender of the Note at the office of the Note Registrar together with an assignment signed by the registered owner or by a person legally empowered to do so in a form satisfactory to the Note Registrar. Upon exchange or transfer the Note Registrar shall complete, authenticate, and deliver a new Note or Notes of any authorized denomination or denominations requested to the owner equal in the aggregate to the principal amount of the Note or Notes surrendered and bearing interest at the same rate and maturing on the same date. If manual signatures on behalf of the Issuer are required, the Note Registrar shall undertake the exchange or transfer of Notes only after the new Notes are signed by the authorized officers of the Issuer.
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