xt7ksn01088j https://exploreuk.uky.edu/dips/xt7ksn01088j/data/mets.xml Lexington, Kentucky University of Kentucky 19450924 minutes English University of Kentucky Contact the Special Collections Research Center for information regarding rights and use of this collection. Minutes of the University of Kentucky Board of Trustees Minutes of the University of Kentucky Board of Trustees, 1945-09-jul24. text Minutes of the University of Kentucky Board of Trustees, 1945-09-jul24. 1945 2011 true xt7ksn01088j section xt7ksn01088j Minutes of the Meeting of the Board of Trustees, University of Kentucky, July 24, 1945. The Board of Trustees of the University of Kentucky met in the President's Office at 10:10 a.m., Tuesday, July 24 1945, pursuant to adjournment of meeting of Board of Trustees of Lay 28, 1945. The following members were present: Governor S. S. Willis, Judge Richard C. Stoll, Mrs. Paul G. Blazer, John Fred Williams, H. D. Palmore, Grover Creech, H. S. Cleveland, J. 0. Everett, Robert Twar', Harper Gatton and R. P. Hobson. Absent were: T. H. Cutler, John Cooper, Judge H. W. Walters and Elliott Robertson. President H. L. Donovan Comptroller Frank f. Peterson, Secretary of the Board and Mr. M. %T Sternberg, Assistant Attorney General, met with the A. Approval of Minutes. The minutes of the Board of Trustees of May 28, 1945, were ap- proved as published. B. Budget Changes. President Donovan recommended that $3600 be added to the budget of the Department of English; that $750 be added to the budget of the Personnel Office to make possible a full-time clerk; and that $800 be appropriated from the Haggin Fund for additional work of the Uni- versity of Kentucky Press. The Board heard the recommendation and took the following action: 1. Upon motion duly made, seconded and carried, the sums of $3600 and $750 are ordered added to the respective budgets, and appropriated from unappropriated surplus of the general University budget, and $800 is appropriated from the Haggin Fund for additional work of the University of Kentucky Press. * * * * * * * * * * C. Refunding of PWA Bond Issue of 1936. The Comptroller explained to the members of the Board of True tees that J. J. B. Hilliard & Son and Armistead Brothers of Louis- ville, Kentucky, had proposed to refund PWA bond issue of the Uni- versity. He stated that the bonds were originally issued in 1936 non-callable, and that it would be impossible for the Uriversity to re-finance except for the fact that all of the unpaid bonds of 2 that issue were now in the hands of Hilliard & Sons and Arrmistead Brothers. The Louisville brokers had offered to surrender the out- standing bonds now drawing 3% interest and accept in lieu University Building Revenue Refunding Bonds, bearing interest of 1-3/4%. They requested the price on the existing University Building Revenue Bonds of $111, and agreed to pay all expenses incident to refunding. It was further eXqained that a schedule had beensubmitted which provided for retiring the remaining bonds in 1962 instead of 1965. This would produce an increase in the annual payment of principal and interest in the amount of $2,692.03 per year, raising the av- erage annual payment of principal and interest from $32,312.50 a year to $35,004.53 per year. It was further explained that if the bmds were refunded as proposed, using the revised schedule of payment, the University would effect 8 saving over the remaining life of the bonds of $25;,472.5O. The membery of the Board fully discussed the proposal and Member H. D. Palmore introduced and caused to be read in full the following proposed resolution entitled "A Resolution authorizing and providing for the issuance of University Building Revenue Refunding Bonds for the purpose of retiring and refunding a like amount of outstanding bonds and interest thereon issued for defraying the cost of constructing University buildings, and providing for the collec- tion and segregation and distribution of the revenues of said build- ings for the purpose of safeguarding, protecting and paying said bonds," and moved that all rules be suspended and that said pro- posed resolution be adopted; which motion was duly seconded by Memo ber Harper Gs.tton; and said motion having been duly considered the Chairman put the question thereon,a and, upon the roll being called, the following voted: Aye: Governor S. S. Willis, Judge Richard C. Stoll, Mrs. Paul G. Blazer, John Fred Williams, H. D, Palmore, Grover Creech, H. S. Cleveland, J. C. Everett, Robert Tway, Harper GrqttonardR. P. Hobson. Nay: None. Thereupon the Chairman declared said motion duly carried and said resolution duly adopted. Resolution: 3 A RESOLUTION authorizing and providing for the issuance of University Building Revenue Refunding Bonds for the purpose of retiring and refunding a like amount of outstanding bonds and interest thereon issued for defraying the cost of construct- ing University buildings, and providing for the collection and segregation and distribution of the revenues of said buildings for the purpose of safeguarding, protecting and paying said bonds. * * * *1 WHEREAS the Board of Trustees of the University of Kentucky, as the governing authority of said University which is and at all times hereinafter mentioned was a state educational institu- tion, did heretofore pursuant to resolutions adopted on January 14, 1936, and under authority of Chapter 72 of the Acts of the General Assembly of Kentucky 1934, issue the 3% University Build- ing Revenue Bonr of said University in the principal amount of $634,000 for the purpose of constructing University buildings on its campus for the College of Engirnering, a central heating plant, a Student Union building, and a building for the College of Laws of which bonds in the principal amount of $134,000 have been paid and retired and there are presently outstanding bonds in the principal amount of $500,000, dated January 1, 1936, numbered consecutively from 135 to 634, inclusive, of the de- nomination of $1,000, with interest in the sum of $7,500 due July 1, 1945, and principal thereof maturing serially on July 1 of each of the years 1945 to 1965, inclusive; and WHEREAS said bonds by their terms are payable only from a fixed amount of the gross income and revenues to be derived from the operation of said University buildings, and by reason of presently prevailing low interest rates for public loans9 it is deemed advisable at this time that provisions be made for the issuance of University Building Revenue Refunding Bonds to the amount of $507,000 for the purpose of refunding at a sub- stantially lower interest rate the principal of said presently outstanding bonds and paying the interest to the amount of $7,000 due thereon July 1, 1945, and it has been represented to this Board of Trustees that the holders of said presently outstanding bonds would be willing to surrender said bonds and interest coupons representing interest due July 1, 1945, in exchange for a like amount of new bornb which bear such lesser interest rate and mature as hereinafter provided; and WHEREAS under the provisions of Section 162.340 et seq. of the Kentucky Revised Statutes, this Board of Trustees, acting for and on behalf of said University of Kentucky, is authorized to issue revenue refunding bonds aw hereiniafter provided for the purpose of refunding said presently outstanding bonds 4 and paying said interest to the amount cf $7,000, due July 1, 1945: NOW, THEREFORE, Be It and It Is Hereby Resolved and Omn .1 by the Board of Trustees of the University of Kentucky, as f - lows: Section 1. That there are hereby authorized to be iisn.ied five hundred seven negotiable coupon revenue refunding bonds by the Board of Trustees of the University of Kentucky in the ag- gregate principal amount of $507,000, each of which shall be designated "University Building Revenue Refunding Bond", for the purpose of refunding the outstanding bords dated January 1, 1936, and paying the interest to the amount of $7O000 due thereon July 1, 1945, all as referred to in the preamble hereof. Section 2. That said University Building R venue Refund- ing Bonds shall be numbered consecutively from i to 507, in- clusive, shall be of the denomination of $1,000, shall be dated July 1, 1945, and shall mature in numerical order on July 1 of the respective.years as follows: Year Amount Year Amount 1947 $27,000 1955 $32,000 1948 27,000 1956 33,000 1949 28, 000 1957 33, 000 1950 29,000 1958 34,000 1951 30.,000 1959 35,000 1952 30,000 1960 35,0000 1953 31,000 1961 36,000 1954 31,000 1962 36,000 provided, however, said bonds shall be optional for redemption on any interest payment date prior to maturity, in whole or from time to time in part in the inverse order of their maturity (less than the whole of a single maturity to he selected by lot), and in the event of such redemption of any of said bonds it is agreed that said University of Kentucky will pay to tile rztspective holders upon surrender of such bonds interest in addition to that evidenced by interest coupons maturing on and prior to the redemption date in an amount equal to four per cent (4%) of the principal amount thereof if called for redemption on or before July 1, 1948; three per cent (3%) of the principal amount thereof if called for re. demption thereafter and on or before July 1, 1951; two per cent (2%) of the principal amount thereof if called for redemption thereafter and on or before July 1, 1954; and one per cent (1%) of the principal amount thereof if called for redemption thereafteo and on or before July 1, 1957, and without payment of additional interest if called for redemption thereafter and prior to maturi- ty. If and when such option of redemption is exercised notice thereof identifying the bonds to be redeemed will be given by 5 publication at least once not less than thirty days prior to the redemption date in a newspaper of general circulation in the Commonwealth of Kentucky. Said bonds shall bear interest from date thereof until paid or until called for redemption at the coupon rate of one and three-quarters per cent (1 3/4%) per arn nun payable semi-annually on the first days of January and July in each year. Both principal and interest shall be payable. in lawful money of the United States of America at the Louis- ville Trust Company Bank in the City of Louisville Kentucky. Said bonds shall be signed by the Chairman of the hoard of Trvi- tees of the University of Kentucky and sealed with its corpora le seal and attested by the Secretary of said Board, and the inter- est coupons attached to said bonds shall be executed with the facsimile signatures of said Chairman and said Secretary, and said officials by the execution of said bonds shall adop-t as and for their own proper signatures their respective facsimile signatures on said coupons All of said bonds, together with the interest thereon, shall be payable only out of the "Uni- versity of Kentucky Building Revenue Bond and Interest Re- demption Fund.'" as hereinafter more specifically provided., and shall be a valid claim of the holder thereof only against said fund and the fixed portion or amount of the revenues of the University buildings pledged to said fund, Section 3. That said bonds and coupons shall be in sub- stantially the following form, to wit: (Form of Bond) UNITED STATES OF AMERICA COMMONWEALTH OF KENTUCKY UNIVERSITY OF KENTUCKY UNIVERSITY BUILDING REVENUE REFUNDING BOND No. $1,000 KNOW ALL MEN BY THESE PRESENTS That the University of Koi- tucky, as a state educational institution and agency of the Comn monwealth of Kentucky, acting by and through its Board of r'Lrus- tees, for value received hereby promises to pay to bearers as hereinafter provided, the sum of One Thousand Dollars ($lOOO1 on the first day of July, 19 , but with the option of prior redemption as hereinafter provided and to pay interest on said sum from the date hereof at the rate of one and three-quarters per cent (1 3/4%) per annum, payable semi--annually on the first days of January and July in each year until paid, except as the- provisions hereinafter set forth with respect to redemption may become applicable hereto, such interest as may accrue on and prior to the maturity of this bond to be paid upon presentation and surrender of the annexed interest coupons as the same sev- orally mature, both principal and interest being payable in 6 lawful money of the United States of Amcrica at the Bank in the City of Kentucky. This bond is one of a duly authorized series of bonds limitel to an aggregate principal amount of $507,000 issued pursuant to resolution duly adopted by said Board of Trustees for the purpo-e of refunding a like amount of University Building Revenue Bon.ds and interest thereon heretofore issued under date of January 1, 1936, for defraying the cost of constructing University building3 more particularly described in said resolution, and this bond has been issued under and in.full compliance with the Constitution and Statutes of the Commonwealth of Kentucky, including among othners Sections 162.350 to 162.380, inclusive, of the Kentudky Revised Statutes, 1942. The bonds of the series of which this bnrld is one are 1i' Ject to redemption by said University on any interest paymeat date prior to maturity in whole, or from time to time in part in the inverse order of their maturity (less than the whole of a single maturity to be selected by lot), and in the event of such redemption said University agrees to pay to the respective hold- ers upon surrender of such bonds interest in addition to that evi- denced by interest coupons accrued on and prior to the redemption date in an amount equal to four per cent (4%) of the principal amount thereof if called for redemption on or before July 1, 1948; three per cent (3%) of the principal amount thereof if called for redemption thereafter and on or before July 1, 1951; two per cent (2%) of the principal amount thereof if called for redemption thereafter and on or before July 1, 1954; and one per cent (1) of the principal amount thereof if called for redemption there- after and on or before July 1, 1957, and. without payment of ad- ditional interest if called for redemption thereafter and prior to maturity. Notice of any such redemption as aforesaid identifyinc' the bonds to be redeemed will be given by publication at least once not less than thirty days prior to the redemption date in a newspaper of general circulation in the Commonwealth of Kentucky. All of such bonds as to which said University exercises the right of redemption and as to which hotice as aforesaid shall have been given and for the redemption of which, upon the terms aforesaid funds are duly provided, will cease to bear interest on the re- demption date. This bnnd and the series of which it is one are payable only from revenues to be derived from the operation of said Uri- versity buildings, a sufficient portion of which revenues shad 1 be set aside as a special fund for that purpose and identifieel as the "University of Kentucky Building Revenue Bond and Inter- eat Redemption Fund", and this bond and the series of which it is one do not constitute an indebtedness within the meaning of any constitutional provisions or limitations, nor is the credit of the Commonwealth of Kentucky pledged for the payment of this bond. Said Board of Trustees covenants and agrees that said University buildings and appurtenances will be continuously 7 operated and that sufficient revenues will be collected and set aside in said special fund to promptly pay the principal of and interest on this bond and the series of which it forms a part as the same will become due. This bond constitutes and repre- sents a continuation, extension, merger and renewal of a like amount of the bnds and interest thereon refunded hereby and this bond is payable from the same source and is of like obligation as to payment as were the bonds and interest thereon refunded hereby. It is hereby certified, recited, and declared that all conditions and things required to exist, happen and be perfov..od precedent to and in the issuance of this bond and the series of Ends of which it is one, and precedent to and in the issuance of the bonds refunded hereby, have existed, have happened and have been performed in due time, form and manner as required by law, and that the amount of this bond, together with all other obligations of said University, does not exceed any limit prescribed by the Constitution or Statutes of the Commonwealth of Kentucky. IN WITNESS WHEREOF said University of Kentucky has caused this bond to be signed by the Chairman of its Board of Trustees and its corporate seal to be hereunto affixed, attested by the Secretary of s aid Board, and the coupons hereto attached to be executed with the facsimile signatures of said Chairman and said Secretary, which officials by the execution of this bond do adopt as and for their own proper signatures their respective facsimile signatures appearing on said coupons, and this bond to be dated the First day of July, 1945. Chairman, Board of Trustees Attest: Secretary - - (Form of Coupon) No. $ On the first day of 19 ,the Universty of Kentucky will pay to bearer Dollars ($ ) out of its "University of Kentucky Building Revenue Bond and Interest Redemption Fund," at the Bank, in the City of _, Kentucky, as provided in and being interest then due on its University Building Revenue Refunding Bond, dated July 1, 1945, Humber Chairman, Board of Trustees Attest: Secretary a Section 4. That the provisions, covenants, undertakings, and stipulations for the operation of the University buildings as set forth in the resolution adopted on January 14, 1936, pur- suant to which bonds herein authorized to be refunded were issued, together with all other provisions, covenants, undertak- ings, stipulatiom and resolutions supplemental thereto, shall Inure and appertain to the bonds hereby authorized to the same extent and with like force and effect as if herein set out in full, except only in so far as same may be inconsistent with this resolution. The provisions in and by said resolution adopted January 14, 1936, whereby there has been created aild there is to be maintained a special fund to be known as the University of Kentucky Building Revenue Bond and Idrrest Redemption Fund and into which there is to be set aside and paid a sufficient portion of the revenues of said University buildings for the payment of the interest on and the principal of the bcnds herein provided to be refunded, are hereby in all respects ratified and nonfirmed, and all such provisions and all sums remaining therein when the refinancing hereby con- templated has been completed shall inure to and constitute the security for the payment of the interest on and the principal of the bonds hereby authorized, except however, that the compu- tations to be made on a fiscal year basis commencing July 1 of each year and ending on June 30 of the next succeeding year and the amounts to be set aside and paid into said fund in equal monthly installmerB shall be based upon the bonds hereby authorized and after the issuance of the bonds hereby authorized said special fund shall be used and applied and is hereby pledged to the payment of the interest on and principal of the bonds herein authorized, and to accumulate a reasonable reserve in said fund for that purpose. The minimum annual amounts to be so set aside into said special fund during each fiscal year commencing July 1, 1945, in order to pay the interest on and the principal of all of the bmds hereby authorized are here- by determined and fixed to be as follows: During the year During the year ending June 30. Amount ending June 30e Amoart 1946 $ 8,875 1955 $369795 1947 35,875 1956 37 235 1948 35,400 1957 36,660 1949 35,930 1958 37,080 1950 36,440 1959 37,485 1951 36,930 1960 36,875 1952 36,405 1961 37,260 1953 36,880 1962 36,630 1954 36,340 That exclusive of the amounts required to be set aside and applied as hereinbefore provided to the payment of the principal ofand'interest on the bonds hereby authorized the balance of the revenues from said University buildings shall be used to pay the reasonably necessary cost of operating and maintaining said 9 buildings or to purchase or retire bonds which by their terms are payable from such revenues. Section 5. The said University and its Board of Truet"t,,Ws hereby covenant and agree with the holder or holders of the ;' -nd herein authorized, and any of them, that they will respectivoly, faithfully and punctually perform all duties with reference to said University buildings required by the Constitution and laws of the Commonwealth of Kentucky, including the making and col- lecting of reasonable and sufficient rates for services afforded thereby, and will segregate the revenues and make application thereof as contemplated by this resolution, and further covenant and agree with the holders of said bonas that so long as any of said bonds are outstanding and unpaid said buildings will be continuously maintained in good condition and operated, and that such rates and charges for services afforded thereby will be imposed and collected so that the gross revenue will be sufficient at all times to provide for the payment of the op- eration, maintenance and insurirg of said buildings and to make the prescribed payments into the University of Kentucky Building Revenue Bond and Interest Redemption Fund, as provided herein. Section 60 That for the further protection of the holders of the bonds herein authorized to be issued and the coupons thereto attached a statutory mortgage lien upon said buildings and all properties connected therewith and belonging thereto, is granted and cheated by Sections 162.350 and 162.200 of the Kentucky Revised Statutes, which said statutory mortgage lien is hereby recognized and declared to be valid and binding upon said buildings as provided by law, and shall take effect ir. mediately upon the delivery of any bonds authorized to be issued under the provisions of this resolution. Aiy holder of said bonds or of any of the coupons may either at law or in equity, by suit, action, mandamus or other proceedings, protect the statutory mortgage lien hereby conferred, and may by suit, na-. tion, mandamus or other proceedings, enforce and compel per- formance of all duties required by law, including the fixing and collecting of sufficient revenues for the services of said buildings and the application thereof. If there be any default in the payment of the principal of or interest on any of said bodds, or if there be any de- fault in the provisions herein made for such payment, then upon the filing of suit by any holder of said bonds or of any of the coupons, any court having Jurisdiction of the action may appoint a receiver to administer said buildings on behalf of said University with power to charge and collect rates suffi- cient to provide for the payment of any of said bonds, and for the payment of the operating expenses, and to apply the income and revenues in conformity with this resolution and the pro- visions of said statute laws of Kentucky aforesaid. Section 7. That the bonis authorized to be issued hereunder and from time to time outstanding shall not be entitled to 10 priority one over the other in the application of the income and revenues of said buildings, regardles. of the time or times of their issuance, it being the intention that there shall be no priority among the bonds regardless of the fact that they may be actually issued and delivered at different times and that any other obligations or indebtedness payable from the income or revenues of said buildings shall be made subject to the priority of the bonds herein authorized. Section 8. That the University hereby covenants and agrees it will cause proper books and accounts with respect to the aid buildings to be kept and that the holders of any of said bonds sball have at all reasonable times the rignt to inspect same. Section 9. That the bonds herein authorized be issued,sold and delivered only when the bonds herein provided to be refunded, together with interest accruals thereon to tho aggregate amount of $507,000 are surrendered and canceled. Upon the adoption of this resolution the Secretary of the BoardL of Trustees is hereby authorized and directed to cause notice to be published in the Lexington Leader, a legal newspaper printed and published in the City of Lexington, Kentucky, reciting in such notice that a reso- lution providing for the issuance of the bonds as herein author- ized has been adopted and that at a time and place stated there- in, which shall be the time and place of a scheduled meeting of the Executive Committee of the Board of Trustees, the matter of issuing said bonds will be further considered and also that at said meeting any one interested as a holder of the bonds herein provided to be refunded may appear, and that any one holding or representing the holders of the bonds herein authorized to be refunded may appear and present proposals for any or all of the bonds as herein authorized on the basis of simultaneously sur- rendering a like principal amount of the bonds now outstanding. Said Executive Committee Is hereby authorized and directed to consider all proposals made pursuant to such published notice and to award the bonds in the manner and for the purposes as herein provided. Section 10. That the provisions of this resolution shall constitute a contract between the Board of Trustees of the Uni- versity of Kentucky and the holder or holders of the bonds herein authorized to be issued and after the issuance of any of said bonds no change or alteration of any kind in the provisions of this resolution may be made until all of the bonds have been paid in full as to both principal and interest or funds suffi- cient therefor shall have been duly provided and deposited for that exclusive purpose at the place of payment thereof. Section 11. That if any section, paragraph, clause or provision of this resolution shall be held to be invalid or in- effective for any reason the remainder thereof shall remain in full force and effect, it being expressly hereby found and declared that the remainder of this resolution would have been adopted despite the invalidity of such section, paragraph, clause 11 or provision. Section 12. That all resolutions aria orders, or parts ther'- of in conflict herewith are, to the extent of such conflict, hereby repealed, and that this resolution shall take Offct from and after its adoption. Adopted and approved, __, 1945. Chairman Attest: Secretary. D. Count Agricultural and Home Demonstration ALrents--Slary Schedule and Salary Adjustments. President Donovan stated that the Federal Government had passed a bill which had received the sign:tture of President Truman, in- creasing the salaries of Federal employees. He stated that this law included. county agricultural and home demonstration agents. He further pointed out that Dean Cooper h.a)d soubmi.tted a classification and salary schedule for county agricultural and home demonstration agents which he was recommending for adoption. The President read the following letter and submitted the clas3lfication and salary schedule for employment of county agrioultural andT home demonstration agents in Kentucky. July 6,, 1945 President Donovan University of Kentucky Dear President Donovan: Attached is a list of salary adjustments which I wish to rcicm mendto become effective July 1, 1945, for county agricultu- ral and home demonstration agents and for county soils as- sistants who are employed under cur agreement with the Tenn- essee Valley Authority. This recommendation and the roster are accompanied with a statement in which I am sure you will be interested, regarding the salary schedules and classifica- tions for the employment of county agricultural and home demorntration agents in Kentucky. A recent Congressional appropriation makes it possible to rearrange the salary schedule and, for the first time since the initiation of Extension work, to place the salaries of 12 county agricultural and home demonstration agents on a ba- sis somewhat comparable with the salaries of competing gov- ernmental agencies that require men and women of similar training or who find our agents, because of their training, especially valuable in their f ield of work. The salary schedules for county agricultural and home dem- onstration agents have developed through the years and originally were based on a fifty-fifty-payment arrangement made with counties. Under this arrangement, many counties with substantial funds were frequently more liberal and therefore the salaries of agents of equal ability were often at variance, those employed in the poorer counties receiving a much lower rate of pay. In the process of tine, these salary variances were very inconsistent. When the institu- tion took over the payment of all salaries, about 1939. funds were not available to make the equitable adjustments which seemed necessary and consequently the whole matter has been left until the present. The proposed new set-up will provide that no man will be employed to fill the position of county agricultural agent at a salary less than $2800 a year and that no woman will be employed for the position of home demonstration agent at a salary less than $2400 a year. Provision is made for a suitable basis for promotions as the agent develops and brings about accomplishment in a county.. Provision is also made to bring in, at a salary considerably less than that provided for county agricultural and home demorstra- tion agents, young men and women who may require training and who we expect will develop into suitable staff members. I hope that you will recommend acceptance of the proposal by the Board of Trustees. It is very Important that all of this should be made effective July 1, 1945. Au you know, compel tition is very severe. Congress recently passed a Federal workers pay-raise bill, providing for an average salary increase of 15.9 percent for Federal employees. The in- crease in the proposed schedule submitted herewith varies, as there has been no fixed application but rather a method of bringing about what we consider a sound salary adjustment and relationship. The over-all picture involves a trifle less than 15 percent increase although the increase recom- mended varies considerably with individuals, in order to bring about what we believe to be a sound program. The salary adjustment program will not be completed this year but we expect to complete it during the next two years. We have frequently found it necessary, from the standpoint of available fun