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School Building Authority of West Virginia
Clacy E. Williams, Executive Director

2300 Kanawha Boulevard. East • Charleston. West Virginia 25311-2306 • Office Number (304) 558-2541 • FAX Number (304) 558-2539

December 16, 2003

Dr. Steven Nichols
Superintendent
Jefferson County Schools
P.O. Box 987
Charles Town, WV 25414-0987

Dear Dr. Nichols:

I am pleased to inform you that on December 15, 2003 at it's [sic] quarterly meeting, the School Building Authority approved a Needs Grant for Jefferson County in the amount of $19,000,000. The grant is for a new high school.

A grant contract will soon be forwarded to you for signature completion. Please sign and return the contract as soon as possible. Once the contract is signed, we will transfer funds into your account at United National Bank. Funds cannot be transferred without the signed contract returned to the SBA.

We are pleased that you will be receiving sufficient funds to address your project. If you have any questions, please do not hesitate to call on me.

Sincerely,

Mary M. Bashford
Coordinator of Finance and Administration

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School Building Authority of West Virginia
Clacy E. Williams, Executive Director

2300 Kanawha Boulevard. East • Charleston. West Virginia 25311-2306 • Office Number (304) 558-2541 • FAX Number (304) 558-2539

February 3, 2004

Dr. Steven Nichols
Superintendent
Jefferson County Schools
P.O. Box 987
Charles Town, WV 25414-0987

Dear Dr. Nichols:

As you are aware, the School Building Authority (SBA) awarded a grant to your county at its' [sic] Quarterly Meeting held on December 15, 2003. Jefferson County's grant was in the amount of $19 million. The grant is contingent upon the passage of a local bond in the amount of $19 million. Should the county fail to pass the local bond issue, the grant monies would revert to the SBA for future allocations.

The SBA's funds, as specified by the grant award, are directed as follows:

1. $12 million is to be dedicated to the construction of a new high school facility.

2. $7 million is to be dedicated to the renovation of the existing Jefferson County High School.

It is our hope that the SBA funds, in addition to the local funds will enable Jefferson County to more adequately address the increasing student population. If you have any questions, please feel free to contact me.

Sincerely,

Clacy E. Williams, Ed.D.
Executive Director

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Jefferson County Schools
PO Box 987
Charles Town WV 25414
(304) 725-9741
(304) 728-9274 Fax

Superintendent
Dr. Steven Nichols

Board Members
Dr. Lori Stilley, President
Delores Milstead, VP
Doris M. Cline
Cheryl Huff
Paul R. Manzuk

August 6, 2003

The Honorable Brian M. Kastick

In response to the fax received from your office on August 6 regarding additional information requested by the committee in the evaluation of our grant proposal, I offer the following response:

Question 1: "What is the School Board's strategy to provide local funding for the project?"

The citizens of Jefferson County will be asked to approve a bond as a multi-level approach to the funding needs. Aside from the EDC grant of six million, the School Building Authority will be asked to fund approximately $19 million in addition to bonds. Also, the county now owns the 57-acre site for the new school with full site preparation to be provided by the developer per an agreement with the local city government (City of Charles Town).

Question 2: "Will you place a bond levy on the ballot and if so, when?"

Yes, the citizens of the county will be asked as an item on the ballot during the May 11, 2004 primary election to approve the sale of bonds. Steps are currently underway to create a countywide bond support committee. In addition, the Jefferson County Economic Development Authority and the Jefferson County Citizens for Economic Preservation (a developer's association) have indicated official support and have identified liaisons to work with the schools in this regard to insure passage.

Should you need additional information, please do hesitate to contact me. Thank you.

Sincerely,

Dr. Steven Nichols
Superintendent


Bond Election Order

JEFFERSON COUNTY BOARD OF EDUCATION
BOND ELECTION ORDER

AN ORDER OF THE BOARD OF EDUCATION OF THE COUNTY OF JEFFERSON DIRECTING THAT AN ELECTION BE HELD FOR THE PURPOSE OF SUBMITTING TO THE VOTERS OF JEFFERSON COUNTY SCHOOL DISTRICT ALL QUESTIONS CONNECTED WITH THE CONTRACTING OF A DEBT AND THE ISSUING OF BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT MORE THAN NINETEEN MILLION DOLLARS ($19,000,000) FOR SCHOOL CONSTRUCTION, RENOVATION AND IMPROVEMENTS IN JEFFERSON COUNTY SCHOOL DISTRICT

BE IT ORDERED AND ENTERED OF RECORD BY THE BOARD OF EDUCATION OF THE COUNTY OF JEFFERSON:

It appears to The Board of Education of the County of Jefferson (herein called the "Board") and the Board does accordingly hereby find:

1. Insufficient, obsolete and inefficient school buildings and related facilities in Jefferson County School District (the "District") in the State of West Virginia (the "State") which generally result in insufficient and ineffective space, excessive maintenance costs and lack of efficiency are conditions which now exist and are adversely affecting proper and adequate education of students in the District to prepare them for gainful employment or further education, and those conditions, together with due regard for proper health and safety standards, make it necessary that the Board acquire, construct, erect, furnish and equip a new high school and improve, renovate and repair an existing high school and other facilities, all as shown below; and such conditions and requirements have been found and are hereby determined to exist, pursuant to investigation caused to be made by this Board. The funds derived from current levies applicable to acquisition and construction of such new facilities which this body is now authorized by law to lay, after providing for the administration of the affairs of this Board and meeting the current expenses thereof required by law, are insufficient to finance such acquisition and construction and therefore, Bonds should be issued to provide funds therefor.

2. Funds should be obtained for the purposes mentioned above and described below and it will be necessary to incur debt and issue Bonds for the acquisition, construction, erection, equipping and furnishing of a new high school (the site for which has previously been transferred to the District, subject to the District's commencing construction of school facilities on such site on or prior to December 2, 2008), renovation and repair of an existing high school, and other facilities, together with furnishings, fixtures, equipment and all necessary appurtenances (collectively, the "Project"), to pay interest during the period of construction of the Project and for up to six months thereafter, to pay architectural, engineering and inspection costs and to pay costs of issuance of the Bonds, all as more fully hereinafter described. Investigation and studies by this Board show that at least the sum of $44,000,000 should be spent for such purposes, $19,000,000 of which would be provided from proceeds of the hereinafter-described Bonds, $19,000,000 of which would be provided from a grant from the School Building Authority of West Virginia, heretofore approved and expected to be received during the 2004-2005 Fiscal Year of the Board and $6,000,000 of which would be provided from a grant by the West Virginia Economic Development Authority, heretofore approved and expected to be received during the 2004-2005 Fiscal Year of the Board, all to the end of providing adequate, safe, efficient and convenient school facilities in the District to meet and improve the educational needs and opportunities of the students in the District.

3. The valuation of the taxable property in the District, as shown by the last assessment thereof for state and county taxation purposes, is $1,693,525,444, and the valuation of each class of property within the District is as follows:

Class I $ 8,376,000
Class II 994,906,600
Class III 532,654,689
Class IV 157,588,155
TOTAL $1,693,525,444

4. There is bonded indebtedness for school purposes in the District in the outstanding amount of $8,885,000. The unbonded indebtedness of the District is negligible and can be paid from current levy funds. Accordingly, Bonds in the aggregate principal amount of $19,000,000, together with the existing bonded indebtedness of $8,885,000, being less than 5% of the value of such taxable property as ascertained by the last assessment thereof for State and county taxes, may be issued for the purposes herein provided without exceeding any constitutional or statutory limitation.

5. Bonds in the principal amount of $5,000 each, or integral multiples thereof, aggregating not more than $19,000,000, shall be issued and sold, in whole, or from time to time in part, as the Board may in its discretion, deem proper, advisable and in the best interests of the inhabitants of the District, the proceeds of which sale shall be used for the Project, provided however, that the Board, in its discretion, may allocate and expend for any one or more of the facilities constituting the Project, any sum remaining unused upon completion of any other of such facilities, whether any such sum remains unused upon completion by reason of lower than estimated costs for such project or projects or a grant-in-aid upon the cost of any such project or projects received by the Board from the State or Federal Government, or any State or Federal Governmental agency, or from any other source, and provided further, that if any part of the bond proceeds should not be needed for completion of the Project, such unneeded part shall be deposited with the West Virginia Municipal Bond Commission to be used solely for the purchase or redemption of any Bonds of this issue outstanding or for the payment of such Bonds and the interest thereon at the maturities thereof. The proceeds of sale of the Bonds will not be used except as herein specified, provided that the Board shall have the authority to pay matured interest and the principal amount of any matured Bonds from Bond proceeds until levy money is available to pay the same and thereafter, the bond proceeds expended for this purpose may be reimbursed from levy moneys collected.

6. The Bonds shall bear interest at a rate or rates not exceeding 7 1/2% per annum, payable semiannually, but it is hoped that the best bid for the Bonds will provide a lower interest rate (which may result in somewhat lower levy rates needed to pay the Bonds and the interest thereon), and the Bonds shall be payable for a maximum term of 16 years from the date thereof.

7. It is further hereby ordered by the Board of Education of the County of Jefferson that:

(A) The question of incurring said debt and issuing said Bonds and all other questions properly connected therewith shall be submitted to the voters of Jefferson County School District at the primary election to be held in the District on Tuesday, May 11, 2004.

(B) The registration of voters and the use of the registration books shall be governed by the permanent registration laws of the State of West Virginia and the Board hereby adopts the registration lists of the County of Jefferson as the official registration lists of the District for such school bond election.

(C) The purposes or projects for which the proceeds of sale of the Bonds ($19,000,000), if authorized by the voters, the grant from the School Building Authority of West Virginia ($19,000,000), and the grant from the West Virginia Economic Development Authority ("EDA") are to be expended are as follows:

ESTIMATED COST

PROJECT

LOCATION

BOND PROCEEDS

SBA GRANT

EDA GRANT

1.

Acquisition, construction and equipping of new high school to house approximately 1,200 students.

In Huntfield Development near existing Page Jackson Elementary School

$14,000,000

$12,000,000

$6,000,000

2.

Renovation and improvement of Jefferson High School

Existing Jefferson High School

$ 5,000,000

$ 7,000,000

$ -0-

TOTALS

$19,000,000

$19,000,000

$6,000,000

 

APPROXIMATE TOTAL COST TO BE PAID FROM BOND PROCEEDS



APPROXIMATE TOTAL COST TO BE PAID FROM SBA GRANT



$19,000,000



$19,000,000

APPROXIMATE TOTAL COST TO BE PAID FROM EDA GRANT

$ 6,000,000

APPROXIMATE TOTAL COST OF ALL PROJECTS

$44,000,000

The above amounts include costs of demolition as needed, construction, erection, furnishing and equipping of the Project, architectural and engineering fees and costs, interest on the Bonds during construction of the Project and for a period of up to six months thereafter, expenses of issuance and sale of the Bonds, including bond insurance and rating agency fees, if appropriate, and such other costs as may be necessary for properly carrying out the Project. The Board may, in its discretion, allocate to and expend for any one or more of the above projects, any sum remaining unused upon completion of any other project or projects, whether any such sum remains unused upon such completion by reason of lower than estimated costs for such project or projects or a grant-in-aid upon the cost of any such project or projects received by the Board from the State or Federal Government, or any State or Federal Governmental agency, or from any other source.

(E) If the voters of the District approve such debt and the issuance of said Bonds, the Board shall lay annually upon the assessed valuation of all the taxable property within the District a levy sufficient to provide funds for the payment of the annual interest upon said Bonds as it accrues semiannually, and the principal of said Bonds at the maturities thereof, for which purpose a levy upon each $100 valuation, based upon the last assessment of such property for state and county purposes, will be required at the approximate rates as follows:

Upon Class I property, approximately 4.98 cents
Upon Class II property, approximately 9.96 cents
Upon Class III property, approximately 19.92 cents
Upon Class IV property, approximately 19.92 cents

(F) In the laying of such levy, the assessment levy authorized to be laid by the Board for the District by the Constitution of West Virginia and the statutes enacted pursuant thereto shall not be exceeded; provided, however, that the rates hereinabove set forth may, whenever necessary, be exceeded in making the annual levy for interest and principal of such Bonds within any statutory and constitutional limitations; and in the levy, collection and disbursement of taxes within constitutional and statutory limitations, such levy for interest and principal upon such proposed Bonds shall have preference over all other taxes collected by the Board for any purpose whatever, except the payment of interest and sinking fund requirements on other Bond issues which heretofore have been authorized or which may hereafter be authorized.

(G) If the debt and the Bond issue shall be approved by the voters, the Bonds, together with all existing bonded indebtedness, including any other bonds heretofore issued and payable from taxes levied outside the limitations fixed by Section 1, Article X of said Constitution, will not exceed in the aggregate 5% of the valuation of the taxable property in the District ascertained in accordance with Sections 8 and 10, Article X of said Constitution, and such Bonds and the interest thereon will be payable from a direct annual tax levied and collected each year, on all taxable property in the District, sufficient to pay the principal and interest maturing and becoming due on such Bonds in each year together with any deficiencies for prior years, within, and not exceeding 34 years, which tax levies will be laid separate and apart from, and in addition to, the maximum rates provided for tax levies for school districts on the several classes of property in Section 1, Article X of said Constitution, but in the same proportions as such maximum rates are levied on the several classes of property; and said tax will be levied outside the limits fixed by Section 1, Article X of said Constitution.

(H) If the debt and Bond issue submitted to the voters shall be approved, by virtue of Section 8, Article X of the Constitution, known as the "School Bond Amendment," and Section 10, Article X of the Constitution, known as the "Better Schools Amendment," and the enabling legislation enacted by the Legislature of West Virginia, Regular Session, 1951, amending and re-enacting Sections 3 and 4, Article 1, Chapter 13 of the Code of West Virginia, 1931, the levies hereinbefore provided will not violate any constitutional or statutory provisions of this State establishing maximum levies; said levies herein provided shall be levied and allocated each year for the purpose of discharging the interest and principal of the Bonds to be authorized, and for such purposes shall be laid separate and apart from all other levies made for all other purposes of the District, and the Board does further find that after laying and allocating said special levies for payment of the principal and interest requirements of said Bonds, there will be, out of the levies authorized by law, moneys which, when added to other income, will be sufficient to carry on the proper requisite functions of the Board and of the District.

(I) The form of ballot to be used for such school bond election shall be as follows:

OFFICIAL BALLOT
BOARD OF EDUCATION OF THE COUNTY OF JEFFERSON
SCHOOL BOND ELECTION
TUESDAY, MAY 11, 2004

Shall the Board of Education of the County of Jefferson incur debt and issue Bonds in the amount of not more than $19,000,000, maturities on such Bonds to run not more than 16 years from the date of such Bonds, with interest not exceeding the rate of 7 1/2% per annum, payable semi-annually, for the purpose of making the following improvements in Jefferson County School District to provide adequate, safe, efficient and convenient educational facilities for the School District, and levy taxes sufficient to pay the interest on and the principal of such Bonds?

ESTIMATED COST

PROJECT

LOCATION

BOND PROCEEDS

SBA GRANT

EDA GRANT

1.

Acquisition, construction and equipping of new high school to house approximately 1,200 students.

In Huntfield Development near existing Page Jackson Elementary School

$14,000,000

$12,000,000

$6,000,000

2.

Renovation and improvement of Jefferson High School

Existing Jefferson High School

$ 5,000,000

$ 7,000,000

$ -0-

TOTALS

$19,000,000

$19,000,000

$6,000,000

 

APPROXIMATE TOTAL COST TO BE PAID FROM BOND PROCEEDS



APPROXIMATE TOTAL COST TO BE PAID FROM SBA GRANT



$19,000,000



$19,000,000

APPROXIMATE TOTAL COST TO BE PAID FROM EDA GRANT

$ 6,000,000

APPROXIMATE TOTAL COST OF ALL PROJECTS

$44,000,000

The above amounts include costs of demolition as needed, construction, erection, furnishing and equipping of such projects, architectural and engineering fees and costs, interest on the Bonds during construction of the Projects and for a period of up to six months thereafter, expenses of issuance and sale of the Bonds, including bond insurance and rating agency fees, if appropriate, and such other costs as may be necessary for properly carrying out the foregoing projects. The Board may, in its discretion, allocate to and expend for any one or more of the above projects, any sum remaining unused upon completion of any other project or projects, whether any such sum remains unused upon such completion by reason of lower than estimated costs for such project or projects or a grant-in-aid upon the cost of any such project or projects received by the Board from the State or Federal Government, or any State or Federal Governmental agency, or from any other source.

[ ] YES

[ ] NO

INSTRUCTIONS TO VOTERS: To vote in favor of the proposition submitted on this ballot, place an X mark in the square before the word "YES".

To vote against the proposition, place a similar mark in the square before the word "NO".

* * * * * * * * * * *

8. The Secretary of the Board with the assistance of the Clerk of the County Commission of Jefferson County, which Clerk is hereby designated and appointed as an agent of the Board for this election, is hereby authorized and directed to procure and furnish to the election commissioners at each voting precinct, insofar as practicable, the ballots, poll books, tally sheets and other supplies and things necessary for conducting the election as provided by West Virginia Code, Chapter 13, Article 1, Section 11, and perform all duties imposed by law upon Clerks of the Circuit Court and County Commission in relation to general elections insofar as practicable; and, in accordance with Section 13, Article 1 of said Chapter 13, the Board shall canvass the election returns, and shall meet on Monday, May 17, 2004, that being the 5th day, Sunday excepted, after such election for such purposes.

9. Absentee ballots shall be applied for, obtained from and returned to the Clerk of the County Commission of Jefferson County in accordance with the laws of the State of West Virginia, and said Clerk is hereby appointed the agent of the Board to perform all duties relating to absentee ballots in this election.

10. Notice of the school bond election hereby ordered shall be given, as required by law, by the publication of this order within the 14 consecutive days next preceding the date of such election, with an interval of at least 6 full days between the first and second publications, once a week for 2 successive weeks in the Spirit of Jefferson Farmer's Advocate and The Journal, being two qualified newspapers of opposite politics published or of general circulation in the District, the publication dates to be April 29 and May 6, 2004.

Given under my hand this February 17, 2004.

/s/

President of The Board of Education of the County of Jefferson

CERTIFICATE

Certified a true and correct copy of the Bond Election Order, made and entered of record by The Board of Education of the County of Jefferson at a meeting thereof duly and regularly called and held upon lawful notice to all members thereof and to the public and news media, on February 17, 2004, at the City of Charles Town, Jefferson County, West Virginia, a quorum of said members being present at said meeting and acting throughout the same. As of the date hereof, such order is in full force and effect.

Given under my hand this _______________, 2004.

By:

Secretary of The Board of Education of the County of Jefferson

02/19/04

NOTICE OF SPECIAL SCHOOL BOND ELECTION

A SCHOOL BOND ELECTION WILL BE HELD ON TUESDAY, MAY 11, 2004, IN JEFFERSON COUNTY, WEST VIRGINIA, ON THE MATTERS SET FORTH IN AN ORDER OF THE BOARD OF EDUCATION OF THE COUNTY OF JEFFERSON, AS FULLY SET FORTH AS FOLLOWS: