Public Notice: 08/26/2024 [3f326806d75953d50bfb0e852c4767d6]

NOTICE Notice is hereby given that the Board of School Directors of the Pocono Mountain School District, Monroe County, Pennsylvania, at a meeting duly called pursuant to public notice and held on Wednesday, August 21, 2024 at 6:00 P.M. prevailing time, in the Board Room of the Pocono Mountain Administrative Center, Swiftwater, Pennsylvania, as previously advertised on August 16, 2024, adopted a Resolution with modifications and amendments as hereinafter set forth, the effect and purpose of which Resolution is as follows: A RESOLUTION OF THE BOARD OF SCHOOL DIRECTORS OF POCONO MOUNTAIN SCHOOL DISTRICT (“SCHOOL DISTRICT”), MONROE COUNTY, PENNSYLVANIA, AUTHORIZING AND DIRECTING THE ISSUANCE OF GENERAL OBLIGATION BONDS, SERIES OF 2024 OR SUCH OTHER SERIES DESIGNATION IN ONE OR MORE SERIES IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $58,000,000 (THE “2024 BONDS” OR “BONDS”) PURSUANT TO THE LOCAL GOVERNMENT UNIT DEBT ACT OF THE COMMONWEALTH OF PENNSYLVANIA, AS CODIFIED BY THE ACT OF DECEMBER 19, 1996, P.L. 1158, NO. 177; PROVIDING THE PROCEEDS OF THE 2024 BONDS SHALL BE USED TO FUND A CAPITAL IMPROVEMENT PROJECT (“PROJECT”); AND TO REFUND ALL OR A PORTION OF THE SCHOOL DISTRICT’S GENERAL OBLIGATION BONDS SERIES B OF 2013 (“2013B BONDS”) AND ALL OR A PORTION OF THE SCHOOL DISTRICTS GENERAL OBLIGATION NOTES SERIES OF 2023, PURSUANT TO A PROGRAM (“REFUNDING PROGRAM”) DETERMINING THAT THE SALE OF THE BONDS SHALL BE A PRIVATE SALE BY NEGOTIATION UNDER THE ACT, AND DETERMINING THAT THE BONDS SHALL BE NONELECTORAL DEBT OF THE SCHOOL DISTRICT; FIXING THE INTEREST PAYMENT DATES, DENOMINATIONS AND REGISTRATION, TRANSFER AND EXCHANGE PRIVILEGES OF THE BONDS; SETTING FORTH THE MATURITY DATES, PRINCIPAL MATURITIES AND CURRENT INTEREST RATES OF THE BONDS AND ESTABLISHING THE REQUIRED SCHEDULE OF PAYMENTS TO THE SINKING FUND, AS HEREINAFTER ESTABLISHED, IN ORDER TO AMORTIZE THE BONDS; ESTABLISHING THE REDEMPTION PROVISIONS OF THE BONDS, ACCEPTING A BID FOR PURCHASE OF THE BONDS AND AUTHORIZING EXECUTION OF A BOND PURCHASE AGREEMENT; DESIGNATING A PAYING AGENT AND REGISTRAR; DESIGNATING A PLACE AND METHOD OF PAYMENT OF THE BONDS AND INTEREST THEREON AND MAKING CERTAIN COVENANTS WITH RESPECT TO THE TAX FREE STATUS THEREOF; ESTABLISHING THE SUBSTANTIAL FORM OF THE BONDS AND THE PAYING AGENT'S CERTIFICATE RELATING THERETO; AUTHORIZING EXECUTION AND AUTHENTICATION OF THE BONDS; PROVIDING FOR THE REGISTRATION OF THE BONDS, THE MAINTENANCE OF RECORDS OF REGISTERED OWNERS AND TRANSFER OF THE BONDS; COVENANTING TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS AND PLEDGING THE FULL FAITH, CREDIT AND AVAILABLE TAXING POWER OF THE SCHOOL DISTRICT TO SUCH PURPOSE; ESTABLISHING A SINKING FUND FOR THE BONDS AND AUTHORIZING AND DIRECTING PAYMENT THEREFROM; SETTING FORTH CERTAIN PROVISIONS WITH RESPECT TO THE INVESTMENT OF MONIES THEREIN; DESIGNATING A SINKING FUND DEPOSITORY; SETTING FORTH CERTAIN RIGHTS OF THE PAYING AGENT AND NOTEHOLDERS IN THE EVENT OF DEFAULT AND OTHER RIGHTS OF THE PARTIES WITH RESPECT TO THE BONDS ; PROVIDING FOR THE CIRCUMSTANCES UNDER WHICH THE RESOLUTION MAY BE AMENDED OR MODIFIED; PROVIDING FOR THE TERMS, CONDITIONS AND COVENANTS WITH RESPECT TO THE NOTE INSURER, IF ANY, FOR THE BONDS; AUTHORIZING AND DIRECTING SPECIFIED OFFICERS OF THE SCHOOL DISTRICT TO DO AND PERFORM CERTAIN SPECIFIED AND REQUIRED OR APPROPRIATE ACTS; DECLARING THAT THE DEBT TO BE INCURRED IS WITHIN THE LIMITATION IMPOSED BY THE ACT UPON INCURRING OF SUCH DEBT BY THE SCHOOL DISTRICT; AUTHORIZING AND DIRECTING PROPER OFFICERS OF THE SCHOOL DISTRICT TO DELIVER THE BONDS UPON EXECUTION AND AUTHENTICATION THEREOF, UPON RECEIPT OF PROPER PAYMENT OF THE BALANCE DUE THEREFOR, AND ONLY AFTER SPECIFIED APPROVAL, AS REQUIRED, OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE COMMONWEALTH OF PENNSYLVANIA; SETTING FORTH CERTAIN COVENANTS RELATING TO THE FEDERAL TAX STATUS OF THE BONDS; COVENANTING TO PAY OVER AT SETTLEMENT SUFFICIENT MONIES TO PROVIDE FOR THE PAYMENT OF THE 2013B BONDS AND THE 2023 NOTES REFERRED TO AS THE PRIOR BONDS (“PRIOR BONDS”) TO BE REFUNDED IN ACCORDANCE WITH THE REFUNDING PROGRAM AND AUTHORIZING AND DIRECTING CERTAIN OTHER ACTIONS AND APPROVING DOCUMENTATION WITH REGARD TO THE REFUNDING PROGRAM, AND ESTABLISHING SINKING FUNDS FOR THE BONDS BEING REFUNDED; PROVIDING FOR THE USE OF AND MAKING A COVENANT AS TO THE ADEQUACY OF THE PROCEEDS TO BE PAID OVER TO THE PRIOR BONDS PAYING AGENT FOR PURPOSES OF THE REFUNDING PROGRAM; PROVIDING FOR THE ISSUANCE OF IRREVOCABLE INSTRUCTIONS TO THE PAYING AGENT FOR THE 2013B BONDS ON THE REDEMPTION DATE AND ESTABLISHING THE FORM OF SUCH IRREVOCABLE INSTRUCTIONS AND THE NOTICE OF REDEMPTION; PROVIDING FOR COMPLIANCE WITH SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12; PROVIDING FOR SEVERABILITY OF PROVISIONS OF THE RESOLUTION; PROVIDING FOR REPEAL OF ALL RESOLUTIONS OR PARTS OF RESOLUTIONS SO FAR AS THE SAME SHALL BE INCONSISTENT; PROVIDING WHEN THIS RESOLUTION SHALL BECOME EFFECTIVE. 1. A copy of the full text of the Resolution may be examined or inspected by any citizen in the Office of the Chief Financial Officer of the School District, such office being located at the Pocono Mountain Administrative Center, Swiftwater, on any regular business day between the hours of 9:00 A.M. and 3:30 P.M., prevailing time. At final passage, the Resolution, as initially advertised, was modified and amended in the following particulars: (a) The maximum aggregate principal amount of the Bonds was established at $58,000,000, and the maximum net payment schedule and redemption provisions for the Bonds was inserted. (b) The maximum Debt Service Schedule for the Bonds was adopted with the maximum interest rate at 5.00% for each maturity with the Bonds having a final maturity date of December 15, 2032. 2. The identity of the Paying Agent, Manufacturers & Traders Trust Company, was inserted. 3. The purchase price for the Bonds, including the underwriter’s discount and net original issue discount or premium, was authorized to be not less than 95% or more than 125% of the aggregate principal amount of the Bonds issued and delivered plus accrued interest, if any, on the Bonds from the dated date of the Bonds to the date of settlement. The 2024 Bonds were purchased by means of a contract with Stifel, Nicolaus & Company, Incorporated. This Notice is given in accordance with requirements of and in compliance with Section 8003 of the Local Government Unit Debt Act of the Commonwealth of Pennsylvania, as codified by the Act of December 19, 1996, P.L. 1158, No. 177. JOSEPH P. COLOZZA Chief Financial Officer Pocono Mountain School District KING, SPRY, HERMAN, FREUND & FAUL, LLC Solicitor August 26, 2024