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1970-01 ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 1 ----------xxxxx---------- BOARD OF TRUSTEES WESTERN WASHINGTON STATE COLLEGE January 8, 1970 4:30 p. m. 131 College Hall 1. Approval of the minutes of the meeting of December 11, 1969 2. Resolution authorizing the issuance of bonds for Housing '71 and the United Homes Project 3. Condemnation resolution regarding the Shannon Point Marine Center 4. Condemnation resolution of U. C. C. F. property 5. Capital Projects A) # 69- 4( A) ( 1) Bypass Road Site Clearance , B) # 67- 6 Carver Gymnasium - Alternations to Men1s Locker Room 6. Faculty Personnel Actions A) Academic year 1970- 71 appointments B) Summer Session 1970 appointments C) Sabbatical leave requests D) Informational Items ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 2 ----------xxxxx---------- BOARD OF TRUSTEES WESTERN WASHINGTON STATE COLLEGE January 8, 1970 The regular meeting of the Board of Trustees of Western Washington State College was held at 4: 30 p. m. in 131 College Hall on January 8, 1970. Present were: Board of Trustees members Mr. Burton Kingsbury Mr. Harold C. Philbrick Mr. M. B. Hodges Mrs. Ritajean Butterworth WWSC Personnel Dr. Charles J. Flora Mr. Harold Goltz Mr. Joe Nusbaum Mr. Jack Griffin Mr. Robert Aegerter Dr. Howard Mitchell, Faculty Council representative Mr. Steven Cooper, ASB representative Dr. Clyde Senger, Faculty Forum representative Mr. Bert Metzger APPROVAL OF THE MINUTES OF THE MEETING OF DECEMBER 11, 1969 The minutes of the meeting of the Board of Trustees of December 11, 1969, were approved as written. President Flora informed the Board that a new trustee has been appointed by Governor Evans and announced today. The trustee is Mr. Patrick Comfort, an attorney from Tacoma, Washington. RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS FOR HOUSING 171 AND THE UNITED HOMES PROJECT Resolution No. 70- 1 of the Board of Trustees, captioned: A RESOLUTION OF THE BOARD OF TRUSTEES OF WESTERN WASHINGTON STATE COLLEGE authorizing the issuance and sale of Western Washington State College Housing and Dining System Bonds of 1970, Series A, $ 3,850,000, and Series B, $ 2,150,000, and providing the date, form, covenants, terms and maturities thereof was recommended to the Board by Mr. Nusbaum. After discussion, Mr. Hodges moved the adoption of Resolution No. 70- 1; Mr. Philbrick seconded the motion; the motion passed unanimously. CONDEMNATION RESOLUTION REGARDING THE SHANNON POINT MARINE CENTER Mr. Nusbaum informed the Board that the title to the land which is the proposed site of the shannon Point Marine Center is not clear, and the State of Washington and the Port of Anacortes plan to enter into a friendly condemnation suit for the purpose of quieting title. Resolution No. 70- 2, captioned: RESOLUTION OF THE BOARD OF TRUSTEES OF WESTERN WASHINGTON STATE COLLEGE authorizing the Attorney General to purchase and/ or institute condemnation proceedings to acquire certain property for college use was recommended to the Board by Mr. Nusbaum. After discussion, Mrs. Butterworth moved the adoption of Resolution No. 70- 2; Mr. Philbrick seconded the motion; the motion passed unanimously. CONDEMNATION RESOLUTION REGARDING THE UNITED CAMPUS CHRISTIAN FOUNDATION PROPERTY Mr. Nusbaum informed the Board of the status of negotiations with the United Campus Christian Foundation for its property located at 530 N. Garden Street. Resolution No. 70- 3 regarding the condemnation of the UCCF property and captioned: ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 3 ----------xxxxx---------- BOARD OF TRUSTEES OF WESTERN WASHINGTON STATE COLLEGE RESOLUTION NO. 70- 1 A RESOLUTION OF THE BOARD OF TRUSTEES OF WESTERN WASHINGTON STATE COLLEGE AUTHORIZING THE ISSUANCE AND SALE OF WESTERN WASHINGTON STATE COLLEGE lIOUSING AND DINING SYSTEM BONDS OF 1970, SERIES A, $ 3,850,000, AND SERIES B, $ 2,150,000, AND PROVIDING THF. DATE, FORM, COVENANTS, TERMS AND MATURITIES THEREOF RECITALS: Western Washington State College is an institution of higher education of the State of Washington located at Bellin~ ­ham, ~ ashington. In this resolution it is sometimes called the " College" and its Board of Trustees is sometimes referred to as the " Board" or the " Board of Trustees". On December 17, 1965, the Board of Trustees adopted a resolution entitled: " A Resolution of the Board of Trustees of Western Washington State College establishing the Western Washington State College Housing and Dining System, authorizing Western Washington State College Housing and Dining System Bonds, authorizing the issuance and sale of Western Washington State College Housing anJ Dining System Bonds of 1965 in the principal sum of $ 8,249,000 and providing for the date, form, covenants, terms and maturities thereof." On January 13, 1966, the Board amended that resolution by adopting its Resolution No. 66- 2 entitled: i'A Resolution relating to Western Washington State College Housing and Dining System Bonds of 1965 and amending the Bond Resolution with respect thereto." The resolution of December 17, 1965, as thus amended, is hereinafter called the ;' Basi c Bond Resolution'. Each of the above resolutions is incorporated in this resolution by reference as though fully set forth herein. By the terms of the Basic Rond Resolution the Board created and established the Western Washington State College Housing ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 4 ----------xxxxx---------- and Dining System (herein sometimes called the " System") consisting of the particular dormitories, student activity centers, dining halls and other facilities therein named and described and also of lands, buildings and facilities for dormitory~ hospital, infirmary, dining, student activities, vehicular parking and student. faculty and employee housing and boarding purposes which might be acquired. constructed Bnd installed hy the Colle~ e in the future and added to the System, the ac~ uisition, construction and installation of which should be financed from rentals, fees. charges and other income derived through ownership. operation and use of the System and from special student fees pled, ged for payment of principal and interest of bonds or other indebtedness incurred in the acquisition, construction and installation of the System. The Basic Bond Resolution authorized the issuance and sale of Western Washington State College Housing and Dining System Bonds of 1965 ( hereinafter called the " 1965 Bonds") in six series identified as Series A. Series B, Series C, Series n, Series E, and Series F, which bonds were issued and sold. On December 2, 1966, the Board adopted its Resolution No. 66- 13 entitled: " A Resolution of the Board of Trustees of Western Washington State College authorizing the issuance and sale of Western Washington State College Housing and Dining System Bonds of 1966 in the principal sum of $ 1,475,000 and providing the date, form, covenants, terms and maturities thereof." Resolution No. 66- 13 is hereinafter called the " 1966 Bond Resolution". All of the bonds authorized hy the 1966 Bond Resolution were issued and sold. On September 27, 1967, the Board adopted its Resolution No. 67- 5 entitled: " A Resolution of the Board of Trustees of Western Washington State College authorizing the issuance and sale of Western Washington State College Housing 2. ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 5 ----------xxxxx---------- and Dining System Bonds of 1967, Series A, Series B, Series C and Series D, in the total aggregate principal sum of $ 3,520,000 and providing the dates, forms, covenants, terms and maturities thereof.!! Resolution No. 67- 5 is hereinafter called the " 1967 Bond Resolution." All of the bonds authorized by the 1967 Bond Resolution were issued and sold. On July 11, 1968, the Board adopted its Resolution No. 68- 5 entitled: " A Resolution of the Board of Trustees of Western Washington State College authorizing the issuance and sale of ~ estern Wa~ hington Stat~ College Housin~ and Dining System Bonds of 1968 in the nrincipal sum of $ 3,900: 000 and providing the date, form, covenants, terms and maturities thereof." Resolution No. 68- 5 is hereinafter called the " 1968 Bond Resolution". All of the bonds authorized by the 1968 Bond Resolution were issued and sold. The bonds hereinafter authorized by this resolution will be issued and sold to pay costs of the acquisition of lan~ and buildings and of construction, installation and equipping of buildings and facilities, including interest during construction, if any, and other incidental costs, located on or near the campus of the College, and hereinafter more fully described. Under the statutes of the State of Washington, the Basic Bond Resolution and the conditions hereinafter found, declared and covenanted to exist, the College is empowered to carry out the project, provide that the income and revenue derived from it and from special student fees be placed in the Revenue Fund Account created by the Basic Bond Resolution and issue revenue bonds as hereinafter provided payable out of and ranking equally with the bonds issued under the Basic Bond Resolution, the 1966 Rond Resolution, the 1967 Bond Resolution and the 1968 Bond Resolution as a charge against the Sinking Fund Account created by the Basic Bond Resolution and the revenues of the System and the special student fees pledged thereto. 3. ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 6 ----------xxxxx---------- The bonds herein authorized will be issued in two series, Series A and Series R. The Series A Bonds will he issued and sold to finance a project located on the campus of the College called Housing ' 71 Project, consisting of a new 8- story high-rise building with apartment type living accommodations for students and managing personnel, lounge and central eating and other appurtenant facilities. In connection with the financing of Housing ' 71 Project, the College has made application to the U. S. Department of Housing and Urban Development and has received notification of anproval of a fund reservation for a debt service subsidy grant in the amount of $ 63,400 ( Project Identification No. CH- Wash- lOl( D)). The Series B Bonds will be issued and sold to finance a project located on College Parkway, Bellingham, Washington, called IIousing ' 70 Project. consisting of a l32- d't lt; Jelling unit comolex and related facilities including recreation and service center, providing living accommodations for students and managing personnel in individual apartments. This Board deems it necessary and desirable to issue such bonds at this time for those purposes and to now establish the date, form, covenants, terms, maturities and other provisions thereof. NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of Western Washington State College: Section 1. A. All terms or designations contained in this reso­lution shall have the meanings given in the Basic Bond Resolution except as expressly provided herein or unless the context clearly indicates that another meaning is intended. B. As used in this resolution, the following words ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 7 ----------xxxxx---------- and phrases have the meanings hereinafter set forth unless the context shall clearly indicate that another meaning is intended: 1. " System Bonds" means Western Washington State College Housing and Dining System Bonds. 2. " 1966 Bonds" means Western Washington State Colle~ e Housing and Dining System Bonds of 1966 issued pursuant to the 1966 Bond Resolution. 3. 111967 Bonds" means Western Washington State College Housing and Dining System Bonds of 1967 issued pursuant to the 1967 Bond Resolution. 4. " 1968 Bonds" means Western Washington State College Housing and Dining System Bonds of 1968 issued pursuant to the 1968 Bond Resolution. 5. " 1970 Bonds' means Western Washington State College Housing and rining System Bonds of 1970 to be issued pursuant to this resolution. Section 2. There shall now be issued and sold two series of Western Washing, ton State College Pausing and Dining System Bonds of 1970 as follows: Bonds to be designated Western Washington State College Housing and Dining System Bonds of 1970, Series A, in the principal amount of $ 3, RSO, OOO, to pay costs of IJousinR ' 71 Project. includinq interest during construction and other incidental costs. Ronds to be designated Western Washington State College Housing and Dining System Ronds of 197~ Series B, in the principal amount of $ 2,150,000 to pay the purchase price of Housing '70 Project and its furnishings and incidental costs. Section 3. The 1970 Series A Bonds shall he dated February 1, 1970, shall be Serial Coupon Bonds in the denomination of $ 5,000 each, shall be numbered consecutively from 1 unwards and shall mature serially in numerical order on 0ctober 1 of each year as follows: 5. ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 8 ----------xxxxx---------- Year of Year of Bond Nos. Amount Maturity Bond Nos. Amount Maturity 1-9 $ 45,000 1973 201 - 224 $ 120,000 1987 10 - 18 45,000 1974 225 - 250 130,000 1988 19 - 28 50,000 1975 251 - 278 140,000 1989 29 - 39 55,000 1976 279 - 308 150,000 1990 40 - 50 55,000 1977 309 - 340 160,000 1991 51 - 62 60,000 1978 341 - 375 175,000 1992 63 - 75 65,000 1979 376 - 412 185,000 1993 76 - R9 70,000 1980 413 - 452 200,000 1994 90 - 104 75,000 1981 453 - 496 220,000 1995 105 - 120 80,000 1982 497 - 543 235~ OOO 1996 121 - 138 90,000 1983 544 - 594 255,000 1997 139 - 157 95,000 1984 595 - 648 270,000 1998 158 - 178 105,000 1985 649 - 707 295,000 1999 179 - 200 110,000 1986 708 - 770 315,000 2000 Section 4. The 1970 Series B Bonds shall he dated February 1, 1970, shall be Serial Coupon Bonds in the denomination of $ 5,000 each, shall be numbered consecutively from 1 upwards and shall mature serially in numerical order on October 1 of each year as follows: Year of Year of Bond Nos. Amount Maturity Bond Nos. Amount Maturity 1 - 5 $ 25,000 1973 114 - 126 $ 65,000 1987 6 - 10 25,000 1974 127 - 140 70,000 1988 11 - 16 30,000 1975 141 - 156 80,000 1989 17 - 22 30,000 1976 157 - 173 85,000 1990 23 - 28 30,000 1977 174 - 191 90,000 1991 29 - 35 35,000 1978 192 - 210 95,000 1992 36 - 42 35,000 1979 211 - 231 105,000 1993 43 50 40,000 1980 232 - 254 115,000 1994 51 59 45,000 1981 255 - 278 120,000 1995 60 - 68 45,000 1982 279 - 304 130,000 1996 69 - 78 50,000 1983 305 - 332 140,000 1997 79 - 89 55,000 1984 333 - 362 150,000 1998 90 101 60,000 1985 363 - 395 165,000 1999 102 - 113 60,000 1986 396 - 430 175,000 2000 ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 9 ----------xxxxx---------- Section S. The 1970 nonds shall be payable in lawful money of the United States of America at the princinal office of the Trustee nrovided for in the Basic Bond Resolution ( presently The Bellingham National Bank, Bellingham, Washington ) or, at the option of the holder, at the office of the Fiscal Agency of the State of Washington in the Borough of Manhattan, City and State of New York. Section 6. The 1970 Bonds shall bear interest beginning February 1, 1970 at such rate or rates, not in excess of 8% per annum, as shall hereafter be fixed by resolution of this Board upon receipt of bids for their purchase and their award to the purchaser or purchasers. No single interest or coupon rate shall be greater than 8% per annum. Interest on the 1970 Bonds shall be payable October 1, 1970 and semiannually on the first day of each April and October thereafter until payment in full of the principal sum. Interest due on or hefore maturity on the 1970 Bonds shall be paid only upon presentation and surrender of the respective interest coupons attached to them. The 1970 Bonds shall be registrable as to principal only at the option of the holder at either of their places of payment. Section 7. The 1970 Bonds shall be executed on behalf of the College by the Chairman of the Board and shall be attested by the Secretary of the Board. One of such signatures may be a facsimile signature. The seal of the College ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 10 ----------xxxxx---------- shall he impressed, printed or lithographed thereon. The interest coupons attached to the 1970 Bonds shall he executed with the facsimile signatures of said officers. In case any of the officers who shall have signed, attested, authenticat­ed or sealed any of such Bonds or interest coupons shall cease to be such officer before such Bonds and interest coupons so signed, attested, authenticated or sealed shall have been actually issued and delivered, such Bonds and interest coupons shall be valid nevertheless and may be issued by the College with the same effect as though the persons who had signed, attested, authenticated or sealed such Bonds and interest coupons had not ceased to be such officers. Section 8. The 1970 Bonds shall not be general obligations of the College, nor obligations of the State of Washington. The principal and interest thereof shall be payable solely from the Western Washington State College Housing and Dining System Bond and Interest Sinking Fund Account of the College ( herein called " Sinking Fund Account") established by the Basic Bond Resolution. The 1970 Bonds shall he Parity Bonds as that term is defined in the Basic Bond Resolution. Section 9. The 1970 Bonds and each of the coupons attached thereto shall he negotiable instruments within the provisions and intent of the Uniform Commercial Code of the State of Washington. Section 10. The amounts, maturities, terms, conditions, covenants, interest rates, date, form, redemption nrovisions and other provisions of the 1970 Bonds shall be as nrovided in this resolution or as hereafter fixed by resolution of this Board. To the extent not so provided in said resolutions, ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 11 ----------xxxxx---------- these matters shall be governed by the Basic Bond Resolution. The form of the 1970 Rands and of the Interest Coupons. Registration Certificate and Certificate of Trustee annexed to each thereof shall be substantially the same as the form set out in Section 17 of the Basic Bond Resolution but with necessary and appropriate variations with respect to the name of the bonds and the bond issue, the purpose for which the bonds are issued, principal amounts, dates of issuance and maturity, interest rates, dates and amounts of interest payments, redemption provisions and in other respects as required by this resolution and of any subsequent resolution of the Board fixing interest rates or otherwise affecting the form or substance of the bonds. Each such bond shall also state in substance and effect that it is a " Parity Bond" within the meaning of that term as defined in the Basic Bond Resolution. Section 11. The Board affirms its selection of The Bellingham National Bank, Bellingham, Washington, as Trustee for the owners and holders of all Western Washington State College Housing and Dining System Bonds, including the 1970 Bonds, as provided in the Basic Bond Resolution. Section 12. On behalf of the College as a part of the contract of sale of the 1970 nonds, it is represented to and covenanted and agreed with the nurchasers and holders from time to time of Western Washington State College Housing and Dining System Bonds, including the 1970 Bonds, that: 1. The provisions of the Basic Bond Resolution with respect to the Western Washington State College Housing and Dining System Revenue Fund Account, the Western Washington State College Housing and Dining System Bond and ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 12 ----------xxxxx---------- Sinking Fund Account, the separate sub- accounts and debt service reserves within the Sinking Fund Account, the System Repairs Reserve and all other covenants, provisions and agreements contained in the Basic Bond Resolution for the security and payment of Western Washington State College Housing and Dining System Bonds shall apply equally to the 1965 Bonds, the 1966 Bonds, the 1967 Bonds, the 1968 Bonds and the 1970 Bonds. 2. Upon the issuance, sale and delivery of any of the 1970 Bonds and thereafter so long as any of the 1970 Bonds are outstanding there shall be deposited in the Revenue Fund Account all rentals, fees, charges, income and revenue derived from the ownership, operation and use of the Housing ' 70 Project and the Housing ' 71 Project, together with all of the System revenues and student fees heretofore pledged thereto. The Western Washington State College Housing and Dining System Bonds, including the 1970 Bonds, shall be payable from and constitute a first and prior charge against the Sinking Fund Account and the amount of the rentals, fees, charges and other income of the System and of the special student fees pledged thereto. The College hereby pledges that the principal of and interest on the 1970 Bonds will be paid and secured by payments to be made out of the Sinking Fund Account on a parity with the payments required in the Basic Bond Resolution to be made out of said account to pay and secure the payment of the principal of and interest on the 1965 Bonds, the 1966 Bonds, the 1967 Bonds and the 1968 Bonds. 3. The College will establish, maintain and collect rentals, fees, charges and other income derived through the ownership, operation, occupancy and use of the land, buildings ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 13 ----------xxxxx---------- and facilities ( including those acquired, constructed and installed with proceeds of the 1970 Bonds) constituting the System which, together with special student fees levied against each full- time student ( established in the Basic Bond Resolution at an initial rate of $ 25.00 ner academic quarter) and against each part- time student ( established in the Basic Rond Resolution at an initial rate of $ 5.0n per academic quarter) shall be adequate to provide revenues sufficient for the payment of the principal of and the interest on all Western Washington State College Housing and Dining System Bonds, including the 1970 Bonds, and all payments which the College is obligated to set aside in the Sinking Fund Account ( including the Debt Service Reserves therein) and the System Repairs Reserve and for the proner operation and maintenance of the System and for payment of all necessary current maintenance charges and expenses of reasonable upkeep and repairs. Said special student fees are presently being levied against eacll full- time student at the rate of $ 27.00 ner re9ular academic ouarter and 527.00 " l per summer session and against each part- time student at the rate of $ 5.00 per regular academic quarter and ~ 5.00 ner summer session. 4. Current expenses of the System, including the Housing ' 70 Project and the Housinp ' 71 Project shall he payable as provided in the Basic Bond Resolution. 5. The lands, buildings and facilities to he acquired,constructed and installed from the proceeds of the 1970 Bonds are hereby added to the System. The pledged revenues therefrom, and any other revenues pledged as security ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 14 ----------xxxxx---------- for the 1970 Bonds, are also pledged as additional security for the outstanding Bonds of the System. 6. The College is in full compliance with all covenants and undertakings in connection with all of its Bonds now outstanding and payable from the revenues of the System or any part thereof. 7. Prior to issuance of the 1970 Rands the annual net revenues ( meaning gross revenues of the System and revenues from the pledged special student fees less current expenses of the System) for the fiscal year next preceding the issuance of the 1970 Bonds, which fiscal year ended June 30, 1969, but excluding revenues related to facilities which were not in operation for the full fiscal year, shall be certified by an independent certified public accountant employed by the College to have been eaual to at least one and twenty- five hundredths ( 1.25) times the combined average annual reauirements for principal and interest on the System Bonds outstanding and to be issued for construction or acquisition of that portion of the System vhich has heen in operation for said full fiscal year. R. The estimated annual net revenues of the additional buildings and facilities to be financed with the proceeds of the 1970 Bonds, when added to the estimated annual net revenues of the System not including such additional buildings and facilities ( using annual net revenues with the same meaning as in the preceding subsection). will eaual at least one and twenty- five hundredths ( 1.25) times the combined average annual debt service requirements for principal and interest on the bonds payable from the revenues of ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 15 ----------xxxxx---------- the System including the additional bonds authorized by this resolution. computation of future net revenues of the existing System to be based on actual net income for the fiscal year ended June 30, 1969, adjusted to reflect the schedule of rates and charges to become effective when such additional buildings and facilities become revenue- producing, but ex- eluding revenues derived from over- occupancy in relation to designed capacity, after giving recognition to anticipated changes in Current Expenses of the System. Computation of the estimated net revenues of the additional buildings and facilities shall be predicated upon an assumed utilization rate of not more than 90%. The comnutation shall be made by the Chief Financial Officer of the College and approved by its President and its Board of Trustees. 9. To the extent that the nroceeds of the 1970 Bonds are insufficient to pay all costs of the Housing ' 70 Project and the Housing ' 71 Project and incidental costs, the College will provide the additional funds required from money in the Western Washington State College Housing and Dining System Revenue Fund Account available for such use and which the Board hereby finds will be adequate therefore. Section 13. 1970 Bonds maturing on or before October 1, 1985 shall not be subject to prior redemption. 1970 Series A Ronds and 1970 Series R Bonds maturing October 1, 1986 through October 1, 2000 , inclusive, shall be callable for redemption at the option of the College in whole or in part in inverse numerical order in their individual series on any interest payment date beginning October 1, 1985 at ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 16 ----------xxxxx---------- the principal amount thereof plus accrued interest to the date of redemption and a premium for each bond as follows: 4% if redeemed October 1 , 1985 or April 1 , 1986: 3% if redeemed Octoher 1, 1986 or April 1, 1987: 2% if redeemed October 1 , 1987 or April 1 , 1988: 1% if redeemed October 1 , 1988 or April 1, 1989: 0% if redeemed October 1 , 1989 or thereafter. Tn the event the College should exercise its option to redeem prior to maturity any of the 1970 Donds, notice of such redemption shall be given by publication of a notice in a newspaper printed in the English language and published and of general circulation in the City of Seattle, Washington, and in a financial newspaper printed in the English language and published and circulated in the Borough of ~ 1anhattan, City and State of New York; provided, that if all of the 1970 Ronds to be redeemed are registered bonds, notice may be given by registered mail sent to the registered holders of the bonds to be redeemed at their addresses appearing unon either of the registry books. If by publication, the notice shall be published once in each such newspaper not more than forty- five nor less than thirty days prior to the date fixed for redemption. If by registered mail, the notice shall be mailed not more than forty- five nor less than thirty days prior to the date fixed for redemption. Notice of redemption having heen given as ahove nrovided, the Bonds so called for redemntinn shall, on the redemption date specified in such notice, become due and payable at the principal amount thereof and accrued interest and premium, if any, and from and after the date so fixed for redemption interest on the Bonds so called for redemption shall cease unless the College shall default in payment of the Bonds so called. ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 17 ----------xxxxx---------- Section 14. The 1970 Series A Bonds and the 1970 Series B Bonds shall be sold at public sale at not less than 97% of the par value of the series and accrued interest to date of delivery. Bids will be received for either or both series but only for an entire series. The Business Alanager of the College is authorized and directed to prepare a notice of sale of said Bonds in abbreviated form and have it published at least once in the Daily Rand Buyer, published in the City of New York, New York, and in the Seattle Daily Journal of Commerce, published in the City of Seattle, Washington, not less than fifteen days prior to the bid opening date, which is hereby fixed as February 5, 1970. The notice shall state that sealed bids for purchase will be received at Room 131, Education Building on the campus of the College in Bellingham, Washington, until the hour of 10: 00 a. m., Pacific Standard Time, on February 5, 1969, at which time and place the bids will be publicly opened and read. Each bid for 1970 Series A Bonds shall be accompanied with a certified or cashier's good faith check for not less than 3% of the amount of Series A payable to the College and each bid for 1970 Series B Bonds by a similar check for not less than 3% of the amount of Series B. Each bid for each series thereof shall be in separate envelopes appropriately marked on the outside and each shall be accompanied by a separate good faith check for that series. The Business Hanager is directed to receive and open such bids on behalf of the Hoard of Trustees. If prior to the delivery of the 1970 Bonds any income tax law of the United States of America shall provide that the interest on the Bonds is taxable, or shall be taxable ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 18 ----------xxxxx---------- at a future date, for federal income tax purposes, the successful bidder may at his option refuse to accept the Bonds and in such case the deposit made by him will be returned and he will be relieved of his contractual obligations arising from the accentance of his nroposal. The Business Manager is also directed to cause to be prepared an Official Notice of Sale of the 1970 Bonds and an Official Statement which he shall make available upon request and cause to he printed and distributed to prospective purchasers of said Bonds and other interested parties. Section 15. There is hereby created andestablishcd an account hereinafter called the Housing ' 71 Project Construction Account, which shall be held in the custody of the Chief Financial Officer of the College separate and apart from all other accounts. Upon sale and delivery of the 1970 Series A Bonds, the proceeds of such sale ( except accrued interest paid by the purchasers, which shall be deposited in the Sinking Fund Account,) shall be deposited in the Housing ' 71 Project Construction Account to be used for paying the costs of construction of the Housing ' 71 Project, including interest during construction and other incidental costs, including costs associated with the issuance of bonds, and for any other proper purposes of said Account. Any moneys remaining in the Housing ' 71 Project Construction Account after all costs of the Housing ' 71 Project have been paid shall be promptly used for the purchase of 1970 Series A Bonds if the Board finds that is advantage6us to the College, and any residue shall be deposited in the 16. ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 19 ----------xxxxx---------- Sinking Fund Account: provided, however, the College shall have the ripht to withdraw any surplus moneys renresentinr funds deposited by it into said Construction Account to finance the Housing ' 71 Project costs which are found to be unnecessary for such purnose and which were not derived from the nroceeds of the sale of the 1970 Series A Bonds nor from investment earnings on such hond proceeds. Section 16. There is herehy created and estahlished an account hereinafter called the Housing ' 70 Project Construction Account, which shall be held in the custody of the Chief Financial Officer of the College separate and apart from all other accounts. Upon sale and delivery of the 1970 Series B Bonds, the proceeds of such sale ( except accrued interest paid by the purchasers, which shall be deposited in the Sinking Fund Account,) shall be deposited in Housing ' 70 Project Construction Account to he used for paying the purchase price of the Project, including its furnishings and including incidental costs, and for any other proper purposes of said Account. Any moneys remaining in the Housine ' 70 Project Construction Account after all costs of the Housing ' 70 Project have been paid shall be promptly used for the purchase of 1970 Series B Bonds if the Board finds that is advantageous to the COllege, and any residue shall be deposited in the Sinking Fund Account; provided, however. the College shall have the right to withdraw any surplus moneys representing funds deposited by it into said Construction Account to finance the Housing ' 70 Project costs which are found to he unnecessary for such purpose and which were not derived from ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 20 ----------xxxxx---------- the proceeds of the sale of the 1970 Series B Bonds nor from investment earnings on such bond proceeds. Section 17. Where moneys in the Housing ' 70 Project Construction Account or the Housinq ' 71 Project Construction Account are in excess of immediate reauirements to pay respective project costs when due, the College shall invest such excess funds in direct obligations of the United States Government, provided that such investments shall be subject to liquidation on or near the dates estimated disbursements on account of the respective project are to be made in such amounts as are estimated to be required on such dates. All interest earned by each such investment ( herein sometimes called " investment earnings") shall accrue to and be deposited in the respective Construction Account. In the event moneys that are invested are needed in the respective Construction Account to meet obligations thereof for which funds are not otherwise available, the College shall liquidate said investments to the extent required to nrovide funds for such purpose. Section 18. The provisions of this resolution shall constitute a contract between the College, the Trustee, and the holders of the Western Washington State College Housing and Dining System Bonds upon the approval and acceptance of this resolution by the Trustee and the issuance and delivery of the 1970 Bonds. Section 19. If any section, paragraph, clause or provision of this resolution shall be held invalid, the invalidity of the same shall not affect any of the remaining provisions of this resolution. Section 20. This resolution may be executed in several counterparts, each of which shall be deemed to be an original ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 21 ----------xxxxx---------- and such counterparts shall constitute but one and the same instrument. ADOPTED by the Board of Trustees of Western Washington State College at a meeting July and regularly held this 8th day of January, 1970. Chairman, Board of Trustees ATTEST: Secretary, Board of Trustees This resolution and all the terms, provisions and covenants thereof are hereby approved and accepted by The Bank, Bellingham, Washington, as Trustee, this 9th day January, 1970. Bellingham National Bank By Its Trust Officer. ATTEST: Cashier ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 22 ----------xxxxx---------- WESTERN WASHINGTON STATE COLLEGE RESOLUTION NO. 70- 2 RESOLUTION OF THE BOARD OF TRUSTEES OF WESTERN WASHINGTON STATE COLLEGE, AUTHORIZING THE ATTORNEY GENERAL TO PURCHASE AND/ OR INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE CERTAIN PROPERTY FOR COLLEGE USE WHEREAS, the Board of Trustees of Western Washington State College has been authorized by law to acquire property for college use, BE IT RESOLVED BY the Board of Trustees of Western Washington State College: 1. That the property described below is necessary for college use, in particular for the development of a marine laboratory and associated facilities and developments: Tract B Parce1 1: Those portions of the Northeast 1/4 of the Southeast 1/4, and Government Lot 1, all in Section 21, Township 35 North, Range 1 E. W. M., which lie westerly of the following described line, to wit: Beginning at the southeast corner of Section 21; thence North, along the east line of the Southeast 1/4 of said Section 21, a distance of 1352 feet, more or less, to the northeast corner of the IIFirst Plat of Ships Harborll , said plat being recorded in Volume 1 of Plats, at page 13, records of Skagit County, Washington; thence West along the north boundary of said plat a distance of 610 feet, more or less, to a point on the east boundary of Morton Avenue, if extended northerly, said point being the TRUE POINT OF BEGINNING for this line; thence North, parallel with the east line of the Southeast ~ of Section 21, a distance of 1352 feet, more or less, to the south line of Government Lot 1; thence continue north, parallel with the east line of the Southeast ~ of said section 21, 950 feet, more or less to the southerly line of Tract No. 1, of Plate 5, of " Tide and Shore Lands of Section 21, Township 35 North, Range 1 E. W. M., said point being the terminal point for the description of this line. Parcel 2: Government Lot 2, Section 21, Township 35 North, Range 1 E. W. M., EXCEPT the south 15.5 acres thereof. ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 23 ----------xxxxx---------- 2. That the Attorney General of the state of Washington be, and he is hereby, authorized to begin action in the name of the state of Washington for the condemnation and acquisition in Washington of the property described above. 3. That the Attorney General of the state of Washington is directed and authorized to settle for, or determine in said action to be instituted, the amount of damages, if any, sustained or to be sustained by anyone having any interest in the above- mentioned property. 4. That the acquisition of said tracts and parcels of land, for the purposes herein mentioned, is a public necessity and is for a public purpose. 5. That nothing in this resolution shall be construed as a waiver by the Board of Trustees of Western Washington State College of its right to decline to take and pay for said tracts of land should it so elect after the amount of damages has been ascertained and within the time allowed by law. 6. That the Business Manager of Western Washington State College is hereby authorized and directed to execute on behalf of the Board of Trustees all necessary legal instruments, including pleadings in condemna­tion actions, to complete the acquisition of the property heretofore described. Adopted by the Board of Trustees of Western Washington State College on this 8th day of January, 1970. ATTEST: CHAIRMAN, Board of Trustees Secretary, Board of Trustees of Western Washington State College ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 24 ----------xxxxx---------- CERTIFICATE The undersigned, Executive Secretary to the President of Western Washington State College, does hereby certify that the above and foregoing is a true, complete and correct copy of a resolution of the Board of Trustees of Western Washington State College adopted by said Board at a regularly scheduled and called meeting of said Board held on the 8th day of January, 1970. ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 25 ----------xxxxx---------- CERTIFICATE The undersigned, Executive Secretary to the President of Western Washington State College, does hereby certify that the above and foregoing is a true, complete and correct copy of a resolution of the Board of Trustees of Western Washington State College adopted by said Board at a regularly scheduled and called meeting of said Board held on the 8th day of January, 1970. ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 26 ----------xxxxx---------- WESTERN WASHINGTON STATE COLLEGE RESOLUTION NO. 70- 3 RESOLUTION OF THE BOARD OF TRUSTEES OF WESTERN WASHINGTON STATE COLLEGE, AUTHORIZING THE ATTORNEY GENERAL TO PURCHASE AND/ OR INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE CERTAIN PROPERTY FOR COLLEGE USE WHEREAS, the Board of Trustees of Western Washington State College has been authorized by law by acquire property for college use, BE IT RESOLVED BY the Board of Trustees of Western Washington State College: 1. That the property described below is necessary for college use, in particular for access to other college properties and for parking: Lots 1 and 2, Block 86, I'Map of the Town of New Whatcom, Whatcom Co., Wash. Terr., 1883," now a part of the consolidated City of Bellingham, Whatcom County, Washington, as per the map thereof, recorded in Book 1 of Plats, page 24, in the Auditor's Office of said county and state. TOGETHER WITH the Northwesterly half of vacated alley abutting. 2. That the Attorney General of the state of Washington be, and he is hereby, authorized to begin action in the name of the state of Washington for the condemnation and acquisition in Washington of the property described above. 3. That the Attorney General of the state of Washington is directed and authorized to settle for, or determine in said action to be instituted, the amount of damages, if any, sustained or to be sustained by anyone having any interest in the above- mentioned property. 4. That the acquisition of said tracts and parcels of land, for the purposes herein mentioned, is a public necessity and is for a public purpose. 5. That nothing in this resolution shall be construed as a waiver ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 27 ----------xxxxx---------- by the Board of Trustees of Western Washington State College of its right to decline to take and pay for said tracts of land should it so elect after the amount of damages has been ascertained and within the time allowed by law. 6. That the Business Manager of Western Washington State College is hereby authorized and directed to execute on behalf of the Board of Trustees all necessary legal instruments, including pleadings in condemna­tion actions, to complete the acquisition of the property heretofore described. Adopted by the Board of Trustees of Western Washington State College on this 8th day of January, 1970. CHAIRMAN, Board of Trustees ATTEST: Secretary, Board of Trustees of Western Washington State College ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 28 ----------xxxxx---------- RESOLUTION OF THE BOARD OF TRUSTEES OF WESTERN WASHINGTON STATE COLLEGE, AUTHORIZING THE Attorney General to purchase and/ or institute condemnation proceedings to acquire certain property for colI ege use was recommended to the Board by Mr. Nusbaum. After discussion, Mr. Phi lbrick moved the adoption of Resolution No. 70- 3; Mrs. Butterworth seconded the motion; the motion passed unanimously. CAPITAL PROJECTS -, A) # 69- 4 ( A) ( 1) Bypass Road Site Clearance Mr. Goltz informed the Board that in order to prepare for the bypass road project the College is currently negotiating with Mrs. E. K. Stimpson for a portion of her property and to clear the site of two houses at 327 High Street and 331 High Street by March 1, 1970. The appropriate resolution of agreement wi 11 be prepared by the attorney for consideration at the City Counci 1 meeting February 9, 1970 and the February meeting of the WWSC Board of Trustees. Mrs. Butterworth moved that the Board of Trustees authorize the creation of Project # 69- 4( A) ( 1), Bypass Road - Site Clearance, and requests the Division of Engineering and Architecture to negotiate an agreement with Engineer Victor O. Gray Company to prepare plans, specifications, and bidding documents, calling for the demolition of the house at 327 High Street, and the moving of the house at 331 High Street ( High Street Hall) and the disposition of the houses on the Auditorium- Music site. Mr. Phi lbrick seconded the motion; the motion passed. B) Carver Gymnasium Alterations to Men's Locker Room Mr. Aegerter informed the Board that the work performed under Contract # 67- 566G has been inspected and is ready for acceptance. Mr. Philbrick moved that upon the recommendation of Architect James Zervas and the Administration, the Board of Trustees accepts Project # 67- 6, Carver Gymnasium alterations to Men1s Locker Rooms, and the work performed by Erickson Construction under Contract # 67- 566G as complete as of December 18, 1969, except for minor corrective items, subject to the procedures of the Division of Engineering and Architecture and the provisions of the contract. Mrs. Butterworth seconded the motion; the motion passed. FACULTY PERSONNEL ACTIONS A) Academic year 1970- 71 appointments President Flora recommended approval of the following 1970- 71 academic year appointments: Arne E. Broman, Visiting Professor of Mathematics B. A., M. A., Ph. D., University of Uppsala, Sweden Base nine months' salary: Step 18 of the 1970- 71 salary schedule Gunter Stoltz, Lecturer in German B. A., Sir George Wi lliams University, Montreal, Canada; M. A., Ph. D. expected in 1970, Washington University Base nine months' salary: $ 10,015 If Ph. D. completed prior to September 1970, rank will be Assistant Professor and salary adjusted to Step 8, 1970- 71 salary schedule Informational Items Dr. John R. Reay, Professor of Mathematics, leave without pay, July 5, 1970 to September 1970 M. Guadalupe Garcia- Barragan, Assistant Professor of Foreign Languages, leave without pay, academic year 1970- 71 Wallace G. Heath, Associate Professor of Biology, extension of leave without pay, academic year 1970- 71 ----------xxxxx---------- Board of Trustees Minutes - January 1970 - Page 29 ----------xxxxx---------- President Flora recommended approval of the following appointments of summer session faculty: Name Department Term Salary Allen M. Agnew Education 6 weeks $ 1,800 David Agnew Education 3 weeks 675 Arne E. Broman Mathematics 9 weeks 3,440 Wayne C. Bruce Education 6 weeks 1,750 Madalen Burt Education 6 weeks 1,750 Lois S. Encarnacion Education 3 weeks 425 - Wilfred E. Gunderson Education ( Library Science) 6 weeks 700 Wi 1ma H. Mill er Education 6 weeks 1,800 Kathleen K. Mills Education 6 weeks 1,350 George J. Mueller Biology 6 weeks 800 Richard A. Munroe Men's Physical Education 6 weeks 1,750 Gregory Pitsch Education 6 weeks 1,350 Roger J. Rice Geography 9 weeks 3,000 Joel M. Rodney History 9 weeks 2,500 Howard D. Shei Is Sociology/ Anthropology 9 weeks 2,616 Ivar Spector History 9 weeks 2,700 Jeannette Veatch Education 6 weeks 2,400 President Flora recommended the transfer of the following individuals to Assistant Directorships ( Civil Service exempt administrative positions) in the Computer Center: Kenneth G. Bell, Assistant Di rector of Operations Richard Chartrand, Assistant Director of Faculty and Instructional Services David Schlecht, Assistant Director of Administrative Services Richard Porter, Assistant Di rector of Administrative Systems and Programming President Flora recommended approval of the following sabbatical leaves for the academic year 1970- 71: Dr. Bernard Boylan, Department of History, one quarter Dr. Howard J. Critchfield, Department of Geography, three quarters Dr. Stanley M. Daugert, Department of Phi losophy, three quarters Dr. Merri 11 E. Lewis, Department of English, three quarters Dr. Alfred Roe, Department of History, three quarters Dr. Charles A. Ross, Department of Geology, three quarters Dr. Manfred Vernon, Department of Political Science, three quarters Mr. Homer Weiner, Department of Art, two quarters Mr. George Witter, Department of Mathematics, three quarters Mr. Philbrick moved approval of all faculty personnel actions; Mrs. Butterworth seconded the motion; the motion passed. ADJOURNMENT Burton A. Kingsbury, Chairman Millard B. Hodges, Secretary ----------xxxxx---------- Board of Trustees Minutes - January 1970 ----------xxxxx----------