Public Meeting Agenda: February 7, 2024 at 7:00 PM - Special Meeting

1. Call to order - I call this meeting of the Rochelle Independent School District to order. Let the record show that a quorum of board members is present, that this meeting has been duly called, and the notices of this meeting has been posted in accordance with the Texas Open Meetings Act, Texas Government Code Chapter 551. Please stand as we honor our state and our nation with the pledge followed by a prayer.

Description: Statement to call meeting to order: I call this meeting of the Rochelle Independent School District to order. Let the record show that a quorum of board members is present, that this meeting has been duly called, and the notices of this meeting has been posted in accordance with the Texas Open Meetings Act, Texas Government Code Chapter 551. Please stand as we honor our state and our nation with the pledge followed by a prayer.

2. American Pledge
"I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.
Texas Pledge
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible."

3. Prayer

4. Public Comment/Special Guest - Audience participation at a Board meeting is limited to the portion of the meeting designated to receive public comment in accordance with this policy. At all other times during a Board meeting, the audience shall not enter into discussion or debate on matters being considered by the Board, unless requested by the presiding officer.

5. Action Item

5.a. Consideration and approval of a resolution approving an engagement agreement for bond counsel legal services with Walsh Gallegos Treviño Kyle & Robinson, P.C and Cantu Harden Montoya LLP; and other matters in connection therewith.

WRITTEN NOTICE OF FINDINGS OF THE BOARD OF TRUSTEES OF THE ROCHELLE INDEPENDENT SCHOOL DISTRICT, RELATING TO THE RESOLUTION TO APPROVE AN ENGAGEMENT AGREEMENT FOR BOND COUNSEL LEGAL SERVICES WITH WALSH GALLEGOS TREVIÑO KYLE & ROBINSON, P.C AND CANTU HARDEN MONTOYA LLP; AND OTHER MATTERS IN CONNECTION THEREWITH, TO BE CONSIDERED FOR ADOPTION BY THE DISTRICT ON FEBRUARY 7, 2024

The Board of Trustees of the District intends to engage Walsh Gallegos Treviño Kyle & Robinson P.C. and Cantu Harden Montoya LLP and.to provide the District with co-bond counsel and co-disclosure counsel legal services pertaining to the District’s issuance of public securities on the public or private market, including advising the District on any “official statement” to potential investors pursuant to federal securities laws and issuing a legal opinion as to the foregoing;
Walsh Gallegos Treviño Kyle & Robinson P.C. and Cantu Harden Montoya LLP have consistently demonstrated its competence, qualifications, and experience as an industry leader in public finance matters through the provision of co-bond counsel and co-disclosure counsel legal services, the representation of municipal advisors, issuers, and other parties in United States Securities and Exchange Commission enforcement actions, the publication of disclosure policies and the representation of state agencies and political subdivisions within the State of Texas on public securities related issues and matters;
Accessing the public or private markets through the issuance of public securities and providing an “official statement” of the District to potential investors is governed by State and federal securities and federal tax laws and requires the advice of legal advisors that specialize in public finance matters that are well versed in public finance legal matters;
Engaging an attorney in private practice who specializes in public finance matters that is well versed in State and federal securities and federal tax laws pursuant to an hourly fee arrangement would likely result in higher fees to be paid by the District, and such fees incurred would be payable by the District by amounts on deposit in the District’s General Fund, whether or not the public securities are actually issued;
Fees for legal services in public finance matters, including co-bond counsel and co-disclosure counsel legal services, have traditionally been paid pursuant to a contingent fee contract, where such fees become payable only upon the successful issuance of the public securities and solely from the proceeds of the public securities;
Entering into a contract for bond counsel legal services with Walsh Gallegos Treviño Kyle & Robinson P.C. and Cantu Harden Montoya LLP (a firm that specializes in public finance matters and is well versed in State and federal securities and federal tax laws) payment of which is contingent on the District’s successful issuance of public securities and payable out of public securities proceeds provides the District a superior level of co-bond counsel and co-disclosure counsel legal services and fee(s) payable under the contract are reasonable in the public finance market and would likely be less than if such services were conducted pursuant to an hourly rate contract with an attorney specializing in such public finance matters; and
For each of the reasons stated above, this selection of co-bond counsel and co-disclosure counsel legal services pursuant to a contingent fee contract is in the best interest of the residents of the District.

6. Closed Session: Pursuant to Section 551.071 of the Texas Government Code, consultation with the District’s attorney concerning legal issues related to a bond election

7. Superintendent/District Communication

8. Action Items

8.a. Consideration and possible action to select a Construction Project Manager to provide bond planning, design and construction oversight and management services for the District’s 2024 Bond Projects and to delegate authority to the Superintendent to negotiate and execute the final contract.

8.b. Consideration and approval of an order calling a bond election to be held by the Rochelle independent School District, making provision for the conduct of a joint election, and resolving other matters incident and related to such election

8.c. Consideration and approval of a resolution relating ‎ to ‎establishing the District’s intention to reimburse ‎itself for the prior lawful expenditure of funds ‎relating to constructing and equipping various District improvements from the proceeds of tax-‎exempt obligations to be issued by the District for ‎authorized ‎purposes; authorizing other matters ‎incident and related thereto; and providing an ‎effective date

8.d. Consideration and possible action to adopt the prevailing wage rates published by the United States Department of Labor in accordance with the Davis-Bacon Act (40 U.S.C. Section 276a et seq.), and its subsequent amendments, excluding fringe benefits, in connection with the construction of the District’s 2024 Bond Projects.

Description:

9. Executive Session (These items require a closed meeting as authorized by Section 551.001 through 551.146 of the Texas Government Code.)

Description: These items require a closed meeting as authorized by Section 551.001 through 551.146 of the Texas Government Code

10. Action Taken on items discussed in Executive Session

11. Meeting Adjournment

February 7, 2024 at 7:00 PM - Special Meeting

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