012-03
BOARD OF SUPERVISORS
COUNTY OF FREDERICK, VIRGINIA
RESOLUTION
At a meeting of the Frederick County Board of Supervisors (the "Board of Supervisors")
held on the 27th day of August, 2003, the following resolution was adopted by a majority of the
members of the Board of Supervisors by the following roll call vote, as recorded in the minutes
of the meeting:
PRESENT: VOTE:
Richard C. Shickle, Chairman Aye
W. Harrington Smith, Jr. Aye
Margaret B. Douglas Aye
Sidney A. Reyes Aye
Robert M. Sager Aye
Lynda 1. Tyler Aye
Gina A. Forrester Aye
Page 1 of 2
BOARD OF SUPERVISORS
A RESOLUTION AUTHORIZING FREDERICK COUNTY
TO SUBMIT AN APPLICATION TO VPSA FOR SCHOOL FINANCING
AND TO SCHEDULE A PUBLIC HEARING
WHEREAS, the Board of Supervisors has determined that it is advisable to contract a debt and
issue general obligation bonds of the County in the maximum amount of $6,375,000 to finance certain
capital improvements for public school purposes (the "Bonds") and to sell such bonds to the Virginia
Public School Authority ("VPSA"); and
WHEREAS, the Board of Supervisors has determined that it may be necessary or desirable to
advance money to pay the costs for such capital projects for public school purposes (the "Projects") and
to reimburse such advances with proceeds of one or more financings;
NOW, THEREFORE, BE IT RESOLVED BY THE FREDERICK COUNTY BOARD OF
SUPERVISORS:
The Board of Supervisors adopts this declaration of official intent under Treasury Regulations
Section 1.150.2. The Board of Supervisors reasonably expects to reimburse advances made or to be
made by the County or the School Board to pay the costs of acquiring, constructing and equipping the
Projects from the proceeds ofthe Bonds to be issued in the maximum amount of $6,375,000.
The County Administrator is authorized and directed to submit an application to the VPSA in
order to sell the Bonds to the VPSA at the Fall 2003 VPSA bond sale.
The County Administrator is authorized to advertise a public hearing to be held on September 24,
2003 on the issuance of the Bonds.
This resolution shall take effect immediately upon its adoption.
Adopted this 27th day of August, 2003.
J~
County Administra r
Board of Supervisors Resolution No.: 012-03
cc: Cheryl Shiffler, Finance Director
C. William Orndoff, Jr., Treasurer
Lisa Frye, School Finance Director
C:\TJPlresolutions\ VPSAFaIl2003Application($6.375.000). wpd
Page 2 of 2
ATTACHMENT B
LONG AND INTERMEDIATE-TERM FINANCING APPLICATION
VIRGINIA PUBLIC SCHOOL AUTHORITY
SCHOOL FINANCING BONDS (1997 RESOLUTION) SERIES 2003 C
GENERAL INFORMATION
1. Name of County/City: Frederick County
2. Name and address of County Administrator/City Manager: Mr. John Riley, Jr.
107 N. Kent Street
Winchester, V A 22601
(540) 665-5666
(540) 667-0370
irilevlalco. frederick.vaus
Telephone:
Fax:
E-mail:
Telephone:
Fax:
E-mail:
(540) 662-3888
(540) 722-2788
deanW@frederick.kI2.vaus
William C. Dean, Ph.D.
P.O. Box 3508
Winchester, VA 22604
3. Name and address of School Superintendent:
4. Name of Principal Contact: (All further correspondence will be directed to this person unless
noted)
Telephone:
Fax:
E-mail:
Mr. John Riley, Jr. (copy to Dr. William C. Dean at above address)
(540) 665-5666
(540) 667-0370
jriley@co.frederick.vaus
Mailing Address: 107 N. Kent Street
Winchester, V A 2260 I
Hand Delivery Address: 107 N. Kent Street
Winchester, VA 22601
5. Bond Counsel:
mail:)
McGuireWoods LLP (firm, attorney, address, telephone, fax & E-
Ms. Bonnie France bfrance@mcguirewoods.com
901 East Cary Street
Richmond, VA 23219
TEL: (804) 775-4395
FAX: (804) 698-2054
Note: Localities are required to take all action necessary to procure the services of qualified Bond
Counsel prior to the submission of this application.
1
PROJECT INFORMATION
THE FOLLOWING SECTION OF THE APPLICATION IS RESERVED FOR STANDARD
REQUESTS FORFINANCINGS AMORTIZED FROM ELEVEN YEARS AND LONGER
I. Reouests for Lonl!- Tenn Proiect Financinl! (See page 4 for Intennediate- Tenn Financing)
Section A - Project Description
1. Briefly describe the Project(s) and indicate whether the Project(s) will be subject to any leases or
management or service contracts: (a separate page may be used).
Site work and construction of the fourth middle school
2. Total Expected Costs: $25,600,000
Project(s)
Phase
4th middle school
3. Cost by Project(s) and Phase: (separate page may be used)
Estimated
Estimated
Cost
$25,600,000
Estimated
Useful Life
30 + years
Completion
Date
Fall 2005
4. Amount ofVPSA financing applied for (proceeds requested): $ 6.375.000
Note: The VPSA can only purchase local school bonds in whole multiples of $5,000. If your actual
cost is not a whole multiple of $5,000, please revise that amount up or down, (e.g., actual amount
$5,032,600 should be revised to either $5,035,000 or $5,030,000). Do not request a greater dollar
amount than you will reasonably expect to be able to spend.
Minimum proceeds required, if applicable: $
Maximum authorized par amount: $
Explanation for minimum proceeds requirement:
Note: In order to meet requests for a minimum amount of proceeds, such as in connection with
the refunding of a prior obligation, it will be necessary to have sufficiently broad bond issuance
authority to accommodate possible adjustments needed in the par amount of local school bonds
issued at the time of the VPSA bond sale. School and governing body resolutions and notices of
public hearing should be prepared accordingly.
2
5. Has the County/City applied for a Literary Fund Loan to fund all or a portion of the Project(s)?
(Indicate whether loan was for the entire cost)
yes_X_no
If yes, please list amount applied for and date of application.
Amount:
Date:
Date of Approval from Board of Education if Literary Funds are expected:
Note: If funds are borrowed from the VPSA in lieu of receiving a Literary Fund loan, the locality will
be removed from the Literary Fund waiting list for this Project. This does not apply if a locality
permanently funds a portion of the Project with VPSA bonds and funds the remainder with a Literary
Fund loan. In any event, future Literary Fund loans may not be used to redeem bonds sold to the VPSA.
6. Other Funding Sources:
Section B - Project Status
What is the status of planning, design and construction for the Project(s)? Answer the following
questions for the Project(s): (a separate page may be used).
I. Have the final plans and specifications, architect's or engineer's statement and the division
superintendent's approval been submitted to the Superintendent of Public Instruction (as required by
~22.1-140 of the Code of Virginia)?
_ yes ---X- no
2. What is the bid date for the Project(s): August 2003
3. Estimated Construction Start Date: October 2003
4. Estimated Construction Completion Date: Fall2005
5. Has any money been expended on the Project(s)?
X ves no
If yes, indicate (i) the source of such money (ii) the date(s) of expenditure of such money, and (iii) the
type of expenditure. (See questions 4 and 5, on page 6, under "Project Authorization")
(i) VPSA
(ii) From Summer 2002 to present
(iii) design and purchase of property
6. Has the Project(s) been completed? _ yes --X- no
3
Section C - Financing Requested
Amortization Schedule Preferred:
Principal is expected to be paid in annual installments starting on July 15, 2004. The Authority may
consider permitting the use of amortization schedules other than level principal and will consider
amortization periods of less than twenty years. To request an altematiye amortization schedule for such
loans, please indicate your preference on the application.
Preferred Amortization Period:
Preferred Principal Structure:
15 years
16 years
17 years
18 years
19 years
20 years X
Other (Explain)
Level Principal
Level Debt Service
Other (Explain)
X
lHE FOLLOWING SECTION OF lHE APPLICATION IS RESERVED FOR REQUESTS FOR
FINANCING EQUIPMENT OR OlHER PROJECTS AMORTIZED OVER A PERIOD OF TEN
YEARS OR LESS.
n. Requests For Intermediate-Term Financinl! (See page 2 for Long-Term Financing)
Section A - Project Description
1. Briefly describe the Project(s) and indicate whether the Project(s) will be subject to any leases or
management or service contracts: (a separate page may be used).
2. Total Expected Costs:
4
3. Cost By Project(s) and Phase (Construction or Equipment Acquisition Schedule) (separate page may
be used)
Estimated
Project(s)
Phase
Estimated
Cost
Estimated
U sefuI Life
Completion
Date
4. Amount ofVPSA Financing applied for (proceeds requested): $
Note: The VPSA can only purchase local school bonds in whole multiples of $5,000. If your actual
cost is not a whole multiple of $5,000, please revise 1hat amount up or down, (e.g., actual amount
$5,032,600 should be revised to either $5,035,000 or $5,030,000). Do not request a greater dollar
amount than you will reasonably expect to be able to spend.
Minimum proceeds required, if applicable: $
Maximum authorized par amount: $
Explanation for minimum proceeds requirement:
Note: In order to meet requests for a minimum amount of proceeds, such as in connection with
1he refunding of a prior obligation, it will be necessary to have sufficiently broad bond issuance
authority to accommodate possible adjustments needed in the par amount of local school bonds
issued at the time of the VPSA bond sale. School and governing body resolutions and notices of
public hearing should be prepared accordingly.
5. Has 1he County/City applied for a Literary Fund Loan to fund all or a portion of the Project(s)?
(Indicate whe1her loan was for the entire cost)
yes
no
If yes, please list amount applied for and date of application.
Amount: $
Date:
Date of Approval from Board of Education if Literary Funds are expected:
Date:
Note: If funds are borrowed from 1he VPSA in lieu of receiving a Literary Fund loan, 1he locality will
be removed from 1he Literary Fund waiting list for this Project This does not apply if a locality
permanently funds a portion of the Project with VPSA bonds and funds the remainder with a Literary
Fund loan. In any event, future Literary Fund loans may not be used to redeem bonds sold to the VPSA.
6. Other Funding Sources:
5
Section B - Project Status
. What is the status of planning, design and construction or acquisition for the Project(s) or
Equipment?
. Answer the following questions for the Project(s):
I. Estimated Start Date:
2. Estimated Completion Date:
3. Has any money been expended on the Project(s)? --'yes no
If yes, indicate (i) the source of such money (ii) the date(s) of expenditure of such money, and (iii) the
type of expenditure. (See questions 4 and 5, on page 6, under "Project Authorization")
4. Has the Project(s) been completed? _ yes no
. Answer the following questions for the Project(s) (if applicable):
5. For Projects, have the final plans and specifications, architect's or engineer's statement and the
division superintendent's approval been submitted to the Superintendent of Public Instruction (as
required by ~22.1-140 of the Code of Virginia)?
_yes _no
6. What is the bid date(s) for the Project(s):
Section C - Financing Requested
Amortization Schedule Preferred:
(Debt Service (principal and interest) is expected to be paid with semi-annual payments starting on
January 15,2004.)
5 years
10 years
Other
6
PLEASE COMPLETE EACH OF THE FOLLOWING QUESTIONS:
ID. Proiect Authorization
1. Have your Boards approved the Project(s) and authorized this application to VPSA for the needed
financing?
Approved by School Board
Approved by County Board! City Council
---'x--yes _no
---'x--yes _no
NOTE: Please enclose certified copies of resolutions.
2. Were these bonds or any school Projects the subject of a referendum within the previous
5 years?
----yes ~no
If yes, provide the date of referendum:
Did the referendum pass?
----yes _no
NOTE: Please enclose a copy ofthe ballot question and the official results.
3. Person(s) responsible for disbursing and investing bond proceeds.
Name:
Address:
Telephone:
Fax:
LisaK. Frye, Director of Finance
PO Box 3508, Winchester, VA 22604
(540) 662-3888
(540) 722-2788
4. Will bond proceeds from this sale be used to repay a Bond Anticipation Note, Certificate of
Participation or other form of interim/temporary financing (the "Prior Obligation")?
----yes ~no
If Yes, please provide the following terms of the Prior Obligation:
(i) Name and Amount of Prior Obligation and Bond Counsel for Transaction
(ii) Date of Issue and Maturity of Prior Obligation
(iii) Redemption Provisions (e.g., notice, premium, etc.)
(iv) Amount of Prior Obligation to be Refunded with VPSA bond proceeds
7
(v) Please provide a brief description of the other anticipated sources of funds to refund the Prior
Obligation (e.g., local general funds)
(vi) Please provide any other amounts needed to refund the Prior Obligation, including any accrued
interest and redemption premium
(vii) Unexpended proceeds as of date of application
(viii) Date Prior Obligation was intended to be redeemed
5. (a) Were the proceeds of the Prior Obligation used to reimburse yourself for expenses paid
before the Prior Obligation was obtained?
-----yes X no
(b) Will bond proceeds from this sale be used to reimburse you for prior expenditures?
X yes_no
If the answer to 5(a) or 5(b) is Yes, please attach a copy of your reimbursement resolution. Also,
please include a list briefly describing the expenditures you plan to reimburse with proceeds from
this sale. The proceeds would be used to reimburse the county for any site or construction invoices
which may be paid prior to receipt of the bond proceeds.
( c) What amount of proceeds of the Prior Obligation have been spent?
(d) What amount of proceeds of the Prior Obligation do you anticipate to have spent by
November 6, 2003?
( e) Are the proceeds of the Prior Obligation invested with SNAP? -----yes _no
If no, where are they invested?
6. Have you executed any undertaking in regards to continuing disclosure not associated with the
VPSA?
X yes no
If Yes, please include copies of any such undertakings. Please refer to the Fall 2002 issue
for copies of the undertaking. It is an Industrial Development Authority issue dated November 2001.
8
BY SIGNING THIS APPLICATION, THE LOCAL OFFICIALS ACKNOWLEDGE THAT IF
FUNDS ARE BORROWED FROM THE VPSA TO FUND A PROJECT IN LIEU OF
RECEIVING A LITERARY FUND LOAN, THE LOCALITY WILL BE REMOVED FROM
THE LITERARY FUND WAITING LIST FOR THIS PROJECT. THE LOCAL OFFICIALS
ALSO ACKNOWLEDGE THAT FUTURE LITERARY FUND MONIES MAY NOT BE USED
TO REDEEM BONDS SOLD TO THE VPSA.
Signature required
Signature required
THIS APPLICATION MUST BE COMPLETED AND RETURNED BY 5:00 PM ON
SEPTEMBER 2, 2003 TO:
Richard A Davis, Public Finance Manager
Department of the Treasury
Commonwealth of Virginia
Bv Delivery to:
101 North 14th St., 3rd Floor
Richmond, Virginia 23219
Bv U.S. Mail to:
P.O. Box 1879
Richmond, VA 23218-1879
LOCALITIES NOT RETURNING THIS FORM WILL NOT BE INCLUDED IN THE SALE.
9
RtJG.22~2003 9:13AM FRED. CO. PUBLIC SCH
NO. 254 P.l
RESOLUTION OF THE FREDERICK. COUNTY SCHOOL BOARD AUI'HORIZING AN
APPLICATION TO THB VIRGINIA PUBLIC SCHOOL AUTHORITY WITH RESPECT TO
TIIB SALE OF SCHOOL BONDS TO THE VIRGINIA PUBLIC SCHOOL AUTHORITY
WHEREAS, the Frederick County School Board (the "School Board") has determined
that it is advi$able to contract a dWt and issue general obligation bonds of the County of
Frederick, Virginia (the "COunty'l) in the maximum amount of $6,375,000 to finance certain
capital projects fur public school pUJ'PO'CS (the "BODds") and to sell the Bonds to the Virginia.
Public School Authority;
NOW, 'J'HBREFORE, BE IT RESOLVED BY THE FREDBlUCK COUNTY SCHOOL
BOARD:
1. The CoWJty School Board requests pursuant to Section 15.2-2640 ortbc Code of
Virginia of 1950, as amended (the "Code") that the Board of Supervisors of the County issue the
Bonds and submit an application to the VPSA in order to sell the Bonds to the VPSA at the Fall
2003 VPSA bond sale and the Superintendeot of Schools or sucb officer as he may designate is
authorized to submit such documentation as may be required by VPSA. The School Bori
consents p1U'5\l1l1t to Section 15.2-2638(B) of the Code ElDd Article Vil, Section 10(b) of the
Constitution of Virginia to the issuance and sale of the Bonds to VPSA.
2. This resolution shall take effect immediately upon its adoption.
Adopted by the Frederick County School Board this 19t1a day of August. 2003.
t2IMI- ~
I11'lNI132113,1