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                  <text>.32.3
MINUTES OF THE MEETING OF THE
BOARD OF REGENTS
OF
EASTERN KtNTUCKY STATE COLlliGE
January 9, 1963
The Board of Regents of Eastern Kentucky State College convened in regu-

I

lar quarterly session in the office of the President of the College, at
Richmond , Kentucky, on January 9, 1903, at 2:00 P. M., EST, pur suant to KRS

164 . 340 and notice duly mailed by the Chairman to each member of the Board.
In absence of the Honorable Wendell P. Butler, Chair man , and Earle B.

Canbs , Sr . , Vice Chair man, Thomas B. McGregor was on motion of Dr. Todd,
seconded by Mr. Dupree unanimously elected to serve as Chairman of the meeting .

Upon call of the roll it was ascertained that the following members

of the Boar d were present :
Mr . Sidney W. Clay
Mr. F. L. Dupree
Judge Thomas B. McGregor
Mr . Wilson Palmer
Dr. Russell I . Todd
Absent were :

I

Mr. Wendell P. Butler , Chairman
Mr . Earle B. Combs, Sr., Vice Chairman

Also present were Dr. Robert R. Martin, President of the College , and
J . C. Powell, Secr etar y of the Board .
It having been determined that a quorum was present for the transaction
of business , the Chairman called the meeting to order .
APPROVAL OF MINUTES OF MEETING OF NOVlliBffi 3, 1962
Mr. F. L. Dupr ee moved that the reading of the minutes of the previous
meeting be waived and the minutes of the previous meeting be approved as submitted .

The motion was seconded by Dr . Russell I . Todd and approved by the

Board unanimously.
CONS IBUCTION OF TOWERS
Pr esident Martin reported to the Board that he had received from the

I

Housing and Home Finance Agency a reservation of funds in the amount of

$2, 850 , 000, fo r the construction of two men ' s dormitories with a total of
720 beds, said project having for identification purposes , been called the
Towers .
He further reported that Br ock and Johnson , Architects , have completed
Hnal plans on these two twelve- stor y dormitories and that he had approved
the final plans and forwarded them to the Department of Finance for their study,
and approval.

He stated that it was his hope that these plans would be placed

�for bid within the next week and that bids be opened by the fifteenth of
February in time for a report to the Board when the adjourned meeting convenes on Wednesday, February ?O .

He further stated that he hoped that the

loan agreement could be sec~red from Atlanta very soon .
President Martin then stated that he had the distinct honor to recommend that the Board honor two of its members who have served with great
distinction during this period of great expansion at Eastern.

He stated

I

that these men who are your fellow Board members are men known to you and
you are fully cognizant of the fine contrjbutions which they have made .
He stated that this recommend ~tion is concurred in by an unofficial canmittee
of the faculty a nd staff.
President Martin recommended that the east dormitory be known as
Dupree Hall in honor of Mr . F. L. Dupree and that the west dormitory be
known as Todd Hall in honor of Dr. Russell I . Todd .

President Martin fur-

ther recommended that the two dormitories be officially called The Towers .

Mr . Wilson Palmer moved that the Board aporove the President ' s recommendation in this matter.

The motion was seconded by Mr . Sidney W. Clay

and approved by the Board unanimously, with Mr. Dupree and Dr . Todd not
voting .

I

Dr . Todd and Mr . Dupree expres sed to the Board their appreciation for
this honor .
APPOINTMENT OF EXECUTIVE ASSISTANT
President Martin recalled for the Board that the oosltion of Executive Assistant has been vacant since July 1, 1 962 .

The President stated

that the duties of Executive Assistant are such as to require the fulltime activities of a qualified person and are very necessary in the administration of the College .
The President recommended tha t the Board promote Mr. J ohn L. Vickers
to the position of Executive Assistant without adjustment in salary.

The

President stated that Mr . Vickers would continue , at least during this semester, to carry on his wide spread promotional activities .
Dr . Russ ell I . Todd moved that the President ' s recoillJ"lendation be
approved by the Board .

The motion was seconded by Mr. F. L. Dupree and

approved by the Board unanimously .
APPOINTMENT OF COORDINATOR OF DEVELOPMENT
President Martin mad e the followin g report to the Board:
11

The generally accepted organization of college administration takes

I

�into account four specific fie l ds, namely; academic affairs , student affairs,
business affairs, and public affairs .

Many t im es public affairs are desig-

nated by a generally more acceptable term, and, for that matter, a broader
term -- the term of college development.

Prior to July 1, it was the responsi-

bility of Mr. Powell, as my Execut i ve Assistant, to give ;mat t i me he could

I

to this aspect of our program .
11

11

I am recommending that we de s ignate Mr. Don Feltner, our Director of

Publicity and Publications, as our Coordinator of Development .

I am quite

confident that Mr. Feltner has a very significant contribution to ms.ke in the
whole area.

He has done, as you know, a magnificent piece of work in publicity

and publications .

I think, now, however, that we ought to be thinking in

terms of a br oader concept of work which will concern itself also with those
developments which have to do with the alumni affairs and gifts and donations
to the development of the College .

It is my opinion that we have now reached

the state in the development of Eastern that we should begin in a systematic
way to ask our alumni and friends to contribute toward the continued develop-

ment of the College. 11

I

The Board then held a general discussion of various aspects of college
development.

Dr. Todd discussed certai n tax advantages of gifts to educational

institutions.

Mr. Clay stated tha t public institutions have a more difficult

time in obtaining gifts and perhaps could concentrate to a better advantage
for aid to students.

Motion was then made by Mr. Wi lson Palmer that the recommendation of the
President naming Mr. Feltner as Coordinator of Development be approved by the
Board .

Motion was then seconded by Mr. Sidney

w.

Clay and approved by the

Board unanimously.

PRESIDENT ' S STATEMENT TO THE BOARD OF REGENTS
President Martin then ma.de th e following report to tre Board:
"At our first meeting in the new calendar year I think it is important
that we look at s ome of the problems that we have faced during the last two

I

and one half years .

It s eems to me tha t these problems fall in three categories:

Facilities, Faculty and Educational Program.

I want to discuss these three

aspects of our program with the Board.
"Facilities take on three aspects , namely, housing for students and faculty, classroom and instructional f a cilities and, deferred mai ntenance of our
physical plant.

�"We have seen the construction of Case Hall which is now rated to house

550 girls. During the second semester of this school year

we will see the

completion of McGregor Hall with facilities to house 448 girls .

In

Burnam Hall we have seen a complete renovation of so - called New Burnam and
we have gained

50 beds through utilization of the ground floor of this

building."
"For men, we have seen the completion of Mattox Hall with a capacity

I

of 204 beds, Martin Hal l with a capacity of 404 beds and early this
spring we will see the completion of Combs Hall with a capacity of 238 beds.
"During this year, we have completely renovated Stateland Hall so
that t his building will be a serviceable building for the foreseeable future.
In addition to the enlarged apartment, occupied by our Jack Adams, our
Assistant Basketball Coach, we have spaces for 27 boys .
in the remodeling of this buildi ng shower facilities.

We also provided
Prior to thi s

the boys found it neces sary to go to the Weaver Health Building for bathing purposes .

In addition, this building has been tuckpointed and painted

outside.
''Miller and Beckham and McCreary Halls were thoroughly renovated
during the summer of 1961 and 49 additional beds were secured on the

I

ground floor of these buildings .
"For married students we have provided
kept full constantly.

144

apartments which are

In addition, the relocated trailer park is still

not very attractive but so far as I have been able to determine, no one
has yet developed an attractive trailer park except at an exorbitant
expense .
"During the last 30 months we have constructed the Donovan Building
which hou ses the Laboratory School, the Gibson Addition to the Fitzpatrick
Arts Building and currently have under construction the Alumni Coliseum
and the Van Peursem Music Pavilion.

The Music Pavilion will be completed

before too long and it is our fervent hope that nothing nrevents us from
completing the Alumni Coliseum in time for the June commencerent exercises.
''We have been very fortunate to have a completely renovated Cammack
Building and University Building which were vacated by the Laboratory
School and are now used for college classes .
"The Stephen Collins Foster Music Building was air- conditioned .
The Keen Johnson Student Union Building was, for the main part, airconditioned and greatly improved in many ways .

I

�-

3 ).1

"At the death of Mrs . Turley, the College was fortunate to be able to
purchase the Turley House which has been renovated and remodeled and now
houses the Home Management Division of the Home Economics Department .
11

In the matter of physical education and recreational facilities , a

new practice football field has been provided with an all weather track and

I

adjacent hockey field has been constructed .
"There was also a sizeable addition to the seating capacity of the
Hanger Stadium.
"We have seen the construction of six all weather tennis courts and
three more are now under construction .
"A magnificent parking area at the Coliseum is well on the way to
completion and there will be very suitable places for other outdoor games
between the parking area and the practice football field .
11

I think it is important to mention certain auxiliary buildings and

utilities which have been greatly improved :
"Our Heating Plant has been greatly improved with the additi on
of a 45, 000 BTU/hr . capacity boiler and a new steam line has been

I

developed tying into most of the buildings now on the campus.
"The construction of coal storage and coal handling equipment
has completely mechanized the operation of the Heating Plant.
"Currently, a new steam line is being run to the Alumni Coliseum.
"We have seen the complete development of our primary lighting system
on the campus connected in with the new sub-s tation constructed by the
Kentucky Utilities Company.

In addition , we have seen th: installation

of mer cury vapor lights on our campus so that it is an attractive and
well- lighted situation at night .
11

The engineers are now working on a new sewer line which will greatly

improve our situtation in this manner.

Roughly, the sewer l ine will run

from the rear of O' Donnell Hall past the Alumni Coliseum to the City
sewers at the entrance of Park Drive on South Second Street .

I

11

The construction of the Ault Service Building and the outdoor park-

ing area to house our maintenance and operational staff.
"For the first time in the history of the institution, in my opinion,
we have had an adequate and safe water supply.

The construction of the

new water tower in conjunction with the City of Richmond and the laying
of new mains through the campus , has gre~tly improved this utility for
us .

�-

3l..4
"We believe we have been able to greatly improve the sidewalks t hr ough
the cons truction of new sidewalks as well as the widening of certain
existing sidewalks .
''We have been able to construct many parking areas which we had
not had before .

I think one of the most attr active things that we

have done has been the construction of the wall and sidewalk on Lancaster Avenue in f r ont of the Roark and Cammack Buildings .

I

"Since it was necessary to use a great deal of the college farm ,
we have been for tunate to be abl e to gain approximately 100 acr es
of additional land .

Fif ty-nine acres of this came through the pur -

chase of the Baker proper ty and an additional 41 or 42 acr es came
as a part of the Luxon property which we pur chased with the indus trial foundation .
"In relocating the dairy barns, we have constructed a modern
dair y center for the use of our Department of Agriculture .
"Faculty - - We have seen a greatly expanded faculty .
these figures before me and it is not e specially important.

I do not have
Suffice i t

to say, however, that it will be ne cessary to continue to expand our
faculty .

It i s our hope that the budget which we present for your consid-

er ation for 1963-64 will make it possible for us to have substantial salary
increases .

I

In only this way can we secure the ser vices of the well-

t r ained people that we need to develop our faculty here at East ern .

Our

salaries must be raised to attract other faculty members here and it is
my opinion that incentives must be developed to cause our pr esent faculty
to continue its training to a more acceptable level for college teach ing.

We do not have sufficiently well- trained people .
"One of the weaknessee that is very evident to us is the fact that

we do not ha,!e on our faculty a large enough percentage of members who
hold the earned doctorate or a level approaching the doctor ate .

Our

salary increases , in my opinion, must be used to a l ar ger degr ee t han in
the past to urge our faculty members to get additional training .

Al so,

we must be willing to pay more substantial salaries to attr act better
trained personnel to our staff.
"Program

Attention has been given to the evaluation of the educa-

tional pr ogram here at Eastern .

We are now worki ng in every way that

occurs to us to get ourselves r eady for the beginni ng of an 18 month to
two year self- study, looking forward toward the visitation of a committee

I

�-

3 ).9

f r om the National Council for the Accreditation of Tea cher Education in the
fa ll of 1964 and a visitation fran a commmttee from the Southern Association
of Col leges arrl Secondary Schools in the spring of 1965 .

These two s elf-

studies should provide us with guide lines for a gr eatly improved educational
progr am .

I

It i s a gainst this backdrop of achievement and progress that I

now report t o the Board on certai n current matters and make certain recorranendations . "
FACULTY AND STAFF APPOINTMENTS
President Martin recommended that the Board employ Mrs . Mary Mober ly
Carrol l t o teach Home Economics at the
semester .

Laboratory School duri ng the second

He stated that her work would begin approximately February 1 and

would end on June 1 .

President Martin recommended that for her services

she would receive $2, 500.
Pr esident Martin reported to the Board that Mrs . Emma Y. Case, Dean
of Women Emer itus , had been teachi ng one class during the firs t semester but
became ill in late October.

He stated that since that time it has been

necessary to ask Dr . Joe Howard

I

to complete her class duri ng the semester .

President Martin recommended that Dr . Howard r eceive $200 for t his wor k .
Pr esident Marti n repor ted that Mrs . Aimee Alexander, a staff member
i n the Department of English , became ill and was hospitalized for a per iod
of sever al weeks duri ng the first semester and that it was necessary to hire
t anporar y t eachers to car ry on her work durin g the period of her illness.
President Martin recommended that Mrs . Carl Woods receive $400 and Mrs . Paul
Janz receive $100 for their services as substi tute teachers during the illness of Mr s . Alexander.

It was then moved by Mr . Sidney W. Clay that the

Board appr ove the recommendations of the President concerni ng faculty and
st af f appointments .

The motion was seconded by Dr. Russell I . Todd and

when the roll was called the following voted "Aye ":

I

Mr. Clay
Mr . Dupree
Judge McGregor
Mr . Palmer
Dr. Todd
Voting "Nay":

None

RESOLUTION ON THE DEATH OF MRS . BESSIE HARRIS GRIGGS
Pr esident Martin made the following report to the Boar d:
"We were all saddened on the East ern campus at the passing of Mrs.
Gr iggs on December 18, 1962, at the Pattie A. Clay Infirmary.
had been Infor mation Clerk at the College since 1929.

Mrs. Grigg s

Mrs . Griggs was one

�-

.330

of our conscientious employees .

Eastern was her life and she will be

long missed by those of us who knew her and l oved her .

I am recommend-

ing that the Board of Regents now adopt the following resolution and
spread it on minutes in her memory.

I will also be glad to send it to

her son, William H. Griggs, at Rochester , New York :

I

RESOLUTION
ON THE DEA. TH ()F
MRS. BESSIE HARRIS GRIGGS
WHEREAS, on the 18th day of December, 1962, Mrs . Bessie Harris
Griggs was taken by death at the age of 73, and
WHEREAS, Mrs . Gr iggs served the college faithfully and well for a
period of thirty- one years as Information Clerk and Switchboard Operator
and part- time at the Information Office for two years until the time she
became ill on December 10, and
WHEREAS, she was pleasant and courteous in her association with
students , faculty, townspeople , and visitor s , and
WHEREAS , because her contacts as a former student at Eastern, a
native of Richmond, and indefatigable worker in her church caused her
to be a source of information for all who called on her, and

I

WHEREAS , she was always willing to go beyond the call of duty in
her work;
NOW, THEREFORE, BE IT RESOLVED:
THAT we , the Board of Regents of Eastern Kentucky State Coll ege,
hereby affirm our regret in the death of Mrs . Bessie Harris Griggs, arrl
because the college has suffered the loss of this l ong- time member of the
Eastern family,
THAT the Board of Regents now take this means of expressing our
appreciation of the valuable services of Mrs . Griggs, and
THAT this resolution be spread on the permanent minutes of the
Board of Regents and a copy be sent to her son, William Harris Gr iggs,
in Rochester, New Yor k.
Signed

s/ Dr. Russell I . Todd
s Mr . Sidney 1,1. Clay
/s/ Mr. F. L. Dupree
/s/ Judge Thomas B. McGregor
/s/ Mr. Wilson Palmer

It was then moved by Dr . Russell I . Todd that the Board approve the
resolution as recommended and affix their signatures to it.

The motion

was seconded by Mr. F. L. Dupree and approved by the Board unanimously.

I

�-

3 31

CONSTRUCT ION PROJECTS
Fitzpatrick Arts Building
President Martin made the following report to the Board of Regents :
"The north wing of the Fitzpatrick Arts Building has developed some

I

cracked conditions in its foundation .

With the approval of the Department

of Finance , Mr. Edward Burrows of Watkins, Burrows and Mil ls was asked to
give an engineering report on correcting this condition .

Mr. Burrows

has sug gested three methods of correcting the conditions:
Method 1 calls for a Thiokol caulking of the cracks in the wall at
an estimated cost of

Method

2

$920 .

calls for the removal and reconstruction of the existing

foundation but it is estimated by the Hargett Construction Company that
this would cost approximately $10,000 to accomplish.
Method 3 calls for an underpinning of the existing foundation at
an estimated cost of $5400.

Mr. Burrows recommended that we adopt either

Method 2 or 3.
"When this report was reviewed by the engineering staff of the

I

Department of Finance, Mr . David H. Pritchett, Chief Engineer, recommended
that we proceed with Method 3 at an approximate cost of $5LOO . 11
President Martin r ecommended to the Board of Regents that it authorize
the expenditure of approximately $5400 from the residue of the monies
available in the fund of the Student Union Building at the time of the
renovation of that building to accomplish the work sugges~ed as Method 3.
After full discussion it was moved by Mr . Sidney

w.

Clay that the

Board accept the President ' s recolliTlendation and aoprove the expenditure
of $5400 for recommended work on the Fitzpatrick Arts Building .

The

motion was seconded by Mr. Wilson Palmer and when the roll was called the
following voted

11

Aye 11 :
Mr. Clay
Mr . Dupree
Jud ge McGregor
Mr . Palmer
Dr . Todd

I
Voting "Nay":

None

Relocation of Tropical Huts
The President made the following report to the Board :
11

The Board received from the government many temporary buildings

at the close of World War II which were used in Veteran 's Village for

�temporary housing of married students .
"All of these buildings have now been demolished except four metal
buildings or so-calJe d tropical huts .

These buildings will last indefi -

nitely if properly maintained and are large enough for two two- bedroom
appartments or the four buildings would provide eight additional apartments
for married students."
President Martin recommended to the Board that it authorize the

I

relocation of these four buildings on the top of the hill at the end of
the duplexes in Brockton.

He stated that this location has been chosen

because sewer, water, and light connections are immediately adjacent and
may be provided without exorbitant expense .

President Martin stated that

he had been unable to obtain a reasonable estimate of the cost of relocating these buildings .

He recommended that the work be done by the College

maintenance staff and that the actual expense paid from the residue of funds
available from the Johnson Student Union Building.
Dr . Russell I . Todd moved that the Board authorize the relocation
of these four buildings as recommended by the President and the work be
done by the College maintenance staff and the actual expense paid fran
funds available from the Johnson Student Union Building fund .

The motion

was seconded by Mr. F. L. Dupree and when the roll was called the follow-

I

ing voted "Aye":

Mr. Dupree
Mr. Clay
Judge McGregor
Dr. Todd
Mr. Palmer
Voting

Nay 11 :

11

None

Development of playground at the Laboratory School
President Martin made the follow t ng report to the Board :
"The area between the Laboratory School and the new by- pass highway
has been a swamp.
"We placed large tile there and through the construction of the parking lot and other projects, a great deal of material has been used as
filler .

I am recommending that we ask the architects to direct eontractors

in new construction pr ojects to place all excess material, suitable for
fill, in this area .
"It is my opinion that for two to three thousand dollars we can
bring in additional fill and complete this area in a way that will be
quite usable for a playground for the Laboratory School .

I

�-

. 333

"I am asking authority from the Boar d for permission to proceed with

the completion of this project as soon as we have secured all the fill that
is possible to secure on a gratis basis . "
After discussion it was moved by Dr . Todd that the President be given
authority to proceed with the completion of a playground for the Laborator y

I

School .

Motion was seconded by Mr. Wilson Palmer , and upon the ro ll being

called the following voted

11

Aye 11 :

Mr. Clay
Mr. Dupree
Judge McGregor
Mr . Palmer
Dr . Todd
Voting "Nay":

None

Completion of Kit Carson Drive
The President made the following report to the Board :
"The Board will recall that Kit Carson Drive is the name given to
the new street which will run just east of the new Towers around the
practice footbal l field to the new by-pass road .
"I am asking authority from the Board of Regents to expend a reasonable

I

amount for the continued development of this road and the placing of the
initial rock on it.

This, in my opinion , would not be exorbitant .

Perhaps

i t could be done for approximately t wo or three thousand dollars and we can
finance it from the unbudgeted balance ih- our t rust and agency fund . 11

Mr. F. L. Dupree moved that the Board give the President authority to
expend a reasonable amount of money from the unbudgeted balance in the trust
and agency fund for the continued development of Kit Carson Dr ive .

The

motion was seconded by Dr . Russell I . Todd and when the roll was called the
following members voted "Aye":

Mr . Dupree
Mr. Clay
Judge McGregor
Mr. Palmer
Dr. Todd
Voting

I

11

Nay 11 :

None

Completion of bleachers for Hanger Stadium
President Martin requested that the Board authorize the pur chase of
enough steel and wooden bleachers to comple t e the installation on the north
side of Hanger Stadium.

He stated that this item would be set up in the

1963-64 budget but requested author ization at the present time so that the
bleachers could be ordered in time for deliver y during July and August .

�Mr. Wilson Palmer moved that the Board authorize the pur chase of
these bleachers .

Motion was seconded by Mr. Sidney W. Clay and upon the

roll being called the following voted "Aye":

Mr. Clay
Mr. Dupree
Judge McGregor

Mr. Palmer

I

Dr. Todd
Voting "Nay":

None

MEMBERSHIP IN STATE SCHOOL BOARDS ASSOCIATI ON
President Martin reported that the colleges have been invited to
join the Kentucky School Boar ds Association at an annual cost for dues
of $25 .

He stated that two or three years ago the colleges were asked to

join but at that time decided they would not join .

He added that now

it is the opinion of all the colleges that they should all be member s of
the Kentucky School Boa r ds Association.

President Martin recommended

that the Board of Regents approve membership for the College in the
Kentucky School Boards Association .

Mr. F . L. Dupree moved that ~he President's recommendation be
appr oved .

Motion was seconded by Mr. Sidney W. Clay and upon the roll

being called the following members voted "Aye":

I

Mr. Clay
Mr. Dupree

Judge McGregor

Mr. Palmer
Dr. Todd
Voting "Nay":

(

None
RENTAL OF COLIEGE FACILITIES

President Martin reported that he had received on November 12 the
following memorandum from J.C . Powell, Dean of Business Affairs, concerning the rental of College facilities:
"From time to time , outside gr oups request the use of certain college
facilities for purposes not related to the pr ogrJJn of the college .
prior years , rental rates have been charged for such use .

In

In view of

our increasing costs of utilities, custodial care and maintenance of these
facilities, it seems that the rental rates should be reviewed and increased
to meet these increas ing costs .

"Accordingly, I recommend approval of the following rates for
rental of specific facilities :

I

�Hanger Stadium
Weaver Health Building Gym
Hir am Brock Auditorium
Alumni Coliseum
"Turkey" Hughes Baseball Field
Walnut Hall
Student Union Building Ballr oom
Lit tle Tl-ieater

I

$

50 day
100 night

75
75
500

25
35

50

25

"The conditions for rental of all facili.ties shall i.nclude :
1.

The renting agency shall employ, pay and assume
responsibilities for all employees needed to carry
on a function in the rented facility.

2.

The r enting agency shall assume full liability i n
connection with the use of the facility and for
the acts of its employees and agents .

3. The renting agency shall reimburse the college for
any damage to a facility , ordinary wear and tear
expected .
11

I

Spe cial conditions for Fental of Hanger Stadium shall include:
1.

The renting a~ency shall have use of stadium,
football field , scoreboard, public address
system, concession areas, and two dressing
rooms in the Weaver Health Building.

2.

The renting agency shall clean all facilities pro vided for their use after the game .

3.

The rental agreement shall be subject to cancellation whenever weather conditions are such,
in the opinion of the college offtcials, that
undue damage would be done to the field by its
use for a football game .

"Special conditions for the use of the Weaver Health Building and
the Alumni Coliseum:
1.

The renting agency shall have use of only the
playing arena, two dressing rooms, concess ion
areas, such public areas as are appurtenant
to the playing arena , and the electric score board and public address system.

2.

The renting agency shall clean all facilities provided for their use after the game or event.

Other considerations
"Facilities shall not be rented for use in the promotion of partisan
polit ical activities, for the conduct of denominational

I

religious ser-

vices or to individuals or organizations promoting events for personal
profit.

Use of a college facility may be refused to any individual,

or ganization or group when the proposed use is, in the opinion of the
Pr esident, contrary to the best interest of the college .
"Further, the rental rate or other restrictions may be waived or
reduced, upon approval of the President, for a proposed activity which
would be of benefit to the program of the college .
"These rental rates would be effective July 1, 1963 . 11

�President Martin recommended the approval of the recommendations
which have been made by the Dean of Business Affairs .
After full discussion Dr. Russell I . Todd moved that the recommendations concerni ng the rental of college facilities be approved.

The

motion was seconded by Mr. F. L. Dupree and approved by the Board unani-

I

mously .
CREMATION OF BONDS
Pr esident Martin reported to the Board that on November 16 he
received the following memorandum from J.C . Powell, De an of Business
Affairs, concerning the cremation of Bonds :
"Pursuant to direction of the Board of Regents, Mr. Spear s Turley,
Treasurer of the Board of Regents, and I witnessed the cremation of the
following bonds

issued by the Board of Regents,Eastern Kentucky State

College:
$

393 ,000

1 , 900,000

Dormitory Revenue Bonds of 1957
Student Housing Bonds of 1960

"I have placed copies of the cremation certificate for these bonds
in the Board of Regents file .
"In preparation for the cremation of the afore - mentioned bonds, it

I

was called to my attention that the State Bank and Trust has in its vault
certain other bonds issued by the Board of Regents which have been paid
or cancelled and all of the coupons f r om these issues .

Mr. Turley is

prepared to present these bonds to the Board of Regents f or cremation or
other disposal .

The bonds are :
AMa.JNT

$35 ,000
68 , 000
228, 000

38,000
12, 000

ISSUE
Dormitory Revenue Refunding Bonds of
1945
Library Revenue B0 nds of 1934
Buil ding Revenue Refunding Bonds
of 1945
Building Revenue Bonds of 1938
Dormitory Revenue Bonds of 1940

''Mr. Turley informed me that the State Bank and Trust

Company

also is holding sixty-six bonds numbers 535 to 600 inclusive, which were
redeemed June 1, 1959, with coupons attached.

These were the bonds called

from the O' Donnell Hall issue with special monies in the construction fund .
11

0n the advice of Mr. Spears Turley, President and Trust Officer

of the State Bank and Trustee for these issues, I recommend that the Bo.rd
of Regents authorize the cremation of these bonds together with redeemed
coupons .

If the Board so desires, Mr. Turley and I would be very glad to

I

�-

3 37

carry out the directive of the Board in this matter . 11
President Martin stated that he concurred in the recommendation of Mr.
Powell and recomnended to the Board that these bonds be cremated together
with redeemed coupons .
Motion was made by Mr. Sidney W. Cl~ that the President 's recommenda-

I

tion be approved.
the Board

Motion wa s seconded by Mr. Wilson Palmer and apnroved by

unanimously .
COLLEGt PROPERTY I:~SURANCE

President Martin stated that he wished to make available for the information of the Board the schedules for insurance on College property.

He

stated that he hoped the Board could give study to these schedules so that
the insur ance program of the College could be discussed in detail when the
Board reconvened at its adjourned meeting .
President Martin then presented the following statement of informati on
which he stated had been prepared by Mr . G. M. Brock , Comptroller , concerning
the insurance of College property :
"Attached are two schedules of insurance on college oroperty which you

I

requested, one covering the amortized property and the other the non- amortized buildings .

The State Department of Insurance carries insurance on two

separate schedules, as you probably know.
"The numbers indicated opposite certain pieces of property, along the
left margin of the schedule, are the identifying numbers assigned to these
pieces of property by the Department of Insurance and the Kentucky Inspection Service on an old map issued several years ago by the Department of
Insurance .

The buildings which do not have this identifying number are not

on the map now being used by the Department of Insurance .
11

The amounts appea!·ing on these schedules are the amounts of insurance

currently carried on these buildings .
"There is also attached a schedule of rent value insurance which has
been requested by the H. H. F. A.

I

EASTERN KENTUCKY STATE COLLEGE
RICHMOND, KtNTUCKY
INSURANCE - FIRE &amp; EXTENDED COVERAGE - 1962- 63
AMORTIZED PROPIBTY
No .

Description

Amount of
Insurance

4

Miller Hall
Contents

122, 300
8 , 000

�No.

Description

Amount of
Insur ance

5

Beckham Hall
Contents

189, 000
15, 000

6

McCreary Hall
Contents

ll5 , 000
7, 200

Johnson Student Union Building
Contents

709,700

10

65, 000

11

Burnam Hall
Contents

32

Stateland Hall
Content s

20 , 000
4, 000

43

Two Dairy Barns (in new location)
moved to new dairy center
Contents - excluding feed

22 , 000

New Dairy Center
Content s - excluding feed

50,000
4, 300

Bond House
Contents

10, 000

58
57

801,700
30, 000

(Faculty Dwelling)

500

-0-

Men I s Dormitory ( 1954) Keith Hall
Contents

489,000
21, 000

Music Buildi ng
Contents

464,200
48 , 000

59

O'Donnell Hall
Contents

502, 500
15,000

25

Turley House
Contents
Mattox Hall
Contents

70, 000
5, ooo
505, 200

I

20, 900

Donovan Laboratory School
Contents

1 , 200, 000

Martin Hall
Contents

1, 113, 000
81 , 0(X)

Case Hall
Contents

I

60, 000

1,356,000
50, 000

BROCKTON - MARRIED STUDENT HOUSING
16 Duplex Houses@ 16,000 each
16 Duplex Houses contents 400 each

256, ooo
64, 000

6 Apartment Buildings@ 61,000 each
(12 Apartments per building)

366 ,000

6 Apartment Buildings Contents@ 7,200
(12 Apartments per building)
5 Apartment Buildings @ 41,200 each
(8 Apartments per building)

5 Apartment Buildings Contents@ 4, 800
(8 Apartments per building)
Utility Building (Laundry)

43,200
206, 000
24, 000
15, 000

I

�-

..339

INSURANCE - FIRE &amp; EXTENDED COVERAGE - 1962- 63
NON- AMCRTIZED PROPERTY
DESCRIPTION

AMOUNT OF
INSURANCE

1

Administration Bldg. &amp; Auditorium
Contents

489, JOO
21,300

2 &amp; 2A

Science Bldg. &amp; Roark Bldg.
Contents

909,100
2.s,000

3

Cammack Building
Contents

3.50 , 000
18, 000

8

University Building
Contents

32.5,000
1.5,000

9

Library Building
Contents

291,000
50 , 000

Sullivan Hall and Annex
Contents

477 ,ooo

Fitzpatrick Arts Bldg. &amp;
Gibson Building Addition
Contents

222,400
300,000
75, 000

NO.

I

12 &amp; 13
14

Ault Service Building
Contents

I

200,000

7.5, 000

1.5

Heating Plant - including fixed equipment
Contents - movable equipment

24

Telford Hall Men's Dormitory
Contents

15, 000
2, 500

28

President I s Home
Contents

63,000
6 , .500

21

President's Garage

31

Weaver Health Building - including
gymnasium seating
Contents

3.50, 700
4, .500

J , 250
431,000
15,500

Farm Manager 's Residence
Contents

3, 500

44

Milk House - Brick (old pasteurizing plant)
Contents

2, 000
500

.50

Hanger Stadium
Contents

26

Engineer ' s Residence
Contents

7, 000
500

27

Farris House
Contents

6,000
- 0-

62

Lynn House (Faculty Residence)
Contents

53

Faculty Residence - 104 Park Drive
Contents

.5,000
- 0-

55

Faculty Residence - 102 Park Drive
Contents

9, 000
- 0-

41

I

21, 000

- 0-

10,000
4,200

12,000
- 0-

�-

3 40

AMOUNT OF
INSURANCE

NO .

DESCRIPTION

54

Faculty Residence - 103 Park Drive
Contents

6, 000
- 0-

56

Faculty Reside nce - 101 Park Drive
Contents

12,000

70

71

-0-

4 Steel Tr opical Huts@ 2, 375
Contents

9,500
- 0-

ROTC Rifle Range - 2 adjoining quonset
type steel buildings

5, 000

1 Two room prefab dwelling (moved to new
site at Dair y Center)
Contents

I

450
200

FA.~M PROPERTY LOCATED ON LANCASTER ROAD
Frame Residence - Baker Farm

10,000

Tobacco Barn - Baker Fann

10, 000

Small Stock Barn - Baker Farm

2, 000

Rufus Br own Property Dwelling (Concrete
Block)

20, 000

Floater - Feed (While contained in any
ouilding)

3, 500

I

SCHEIULE OF RENT VALUE INSURANCE ON HOUSING FACILITIES
REQUESTED BY FEDERAL HOUSING AND HOM:i!: FINANCE
AGENCY, AND NOW IN EFFECT ON THE FOLLOt!ING BUILDINGS:
Buildings

Use &amp; Occupancy
(Rent Value)

Beckham Hall

-0-

McCreary Hall

-0-

Mill er Hall

- 0-

0 'Donnell Hall

21, 000

Mattox Hall

21, 000

Martin Hall

42 , 000

Stateland Hall

-0-

Burnam Hall

-0-

Case Ha11

50, 000

Turl ey House

- 0-

Bond House

- 0-

Married Student Housing :
Six 12- family apts.
Five 8-family apts .
Sixteen duplex apts.

28, 800
25 , 000
12,800

66, 600

66 , 600
(end of quote)

I

�-

3 11

RJRCHASE OF BROWN PROPERTY

President Martin made the following report to the Board of Regents:
"The property of Rufus Brown on the Lancaster Road (actually a corner
of the Baker Fann) has been purchased by the Department of Finance for the
use and benefit of the College .

I

The purchase price was $29, 200 .

appears, on the face of it, to be perhaps greater than its

This

value but we

were advised that there was a fir m offer of $29,000 for the purchase of t hi s
property for business purposes .

We think ~hat the house can be used either

for housing such as t he Lancaster House or can be made in t o four or five
apartments for married students .

The College is now in a position to

protect itself against this property being used for other pruposes and also
of course , can realize some income from the rental of it. 11
USE OF THE PRESIDENT ' S SEAL
President Martin stated that at the time of his installation in
November , 1960, a President's seal was developed .

He added that it is a

very attractive seal and is used on official occasions at the College.
President Martin stated that while it was not his intention to

I

recommend to the Board that the official seal of the College be changed he
did believe that the President's seal, slightly modified, could have many
unofficial uses .

President Martin stated that he would like to get the

Board ' s reaction to this unofficial use of the seal on certain of the
vehicles of the College as well as for other unofficial purposes .
The President ' s seal was displayed before the Beard and President
Martin stated that a possible modification would be to substitute "Founded
in 1906 11 for the words "President ' s Seal . 11
It was then moved by Dr. Russell I . Tod d that the Board declare it
agreement for use of a modified President ' s Seal for unofficial College
uses .

Motion was seconded by Mr . F. L. Dupr~e and approved by the Board

unanimously.
USE OF SULLIVAN HALL FDR BOYS IN 1963

I

President Martin made the following report to the Board of Regents :
"It now appears that our enrollment will be such that it will te
necessary that we house boys in Sullivan Hall during 1963- 64 .

This has been

brought about by the fact that ou r enrollment for boys is growing much more
rapidly than for girls, together with the fact that we have provided approxi mately 1 , 000 beds for girls and currently we have been able to provide 838
beds for boys.

It is our expectation that this will be necessary during

�the next school year only as we hoDe that the Towers will be ready for
occupancy in the fall of 1964 . 11
President Martin recommended that the Board approve the use of
Sullivan Hall for boys in 1963- 64 .
It was moved oy Mr . Wilson Palmer that the Board approve the President ' s recommendation.

Upon second by Mr . Sidney W. Clay, the Board

approved the motion unanimously.

I

PURCHASE OF CRUISER FOR SEGUR ITY FORCE
President Martin made the following report to the Board of Regents :
"Two years ago we were able to secure for our Security Force a used
cruiser from the Department of Public Safe~y.

We secured what appeared

to be a good automobile for approxjJTia tely $600 but has turned out to be
a headache and has necessitated an expense of $600 or more in repair .
"I am asking approval of the Board of Regents for the purchase of
a new cruiser for the use of the Security For ce .
penditure of the College .

This is a normal ex-

I am not advised as to wha~ the cruiser will

cost but I think it is significant that we have now secured the station
wagon to be assigned under the direction of the Business Office .

The

list price on the vehicle was approximately $3800 ($3790) and we were
able to purchase it on bids at approximately $2700 ($2669 . 91 ) . 11

I

It was then moved by Mr. Sidney W. Clay that the Board approve the
purchase of a new cruiser for the Campus Security Force .

The motion

was seconded by Dr. Russell I . Todd and when the roll was called the
following voted "Aye" :
Mr. Clay
Mr. Dupree
Judge McGregor
Mr . Palmer
Dr. Todd
Voting

11

Nay 11 : None
REMOVAL OF LIGHT POLE AND GUY WIRES

President Martin reported to the Board that three or four unattractive light poles and guy wires have been placed in front of the
tennis courts and Combs Hall.

He stated that the most unattractive of

these, the one in front of Combs Hall, appears to be necessary si nce the
overhead traffic lights are placed on it, but that these lights could be
placed on posts on either side of the road .
President Martin requested the Board's reaction to this matter so
that he might have the sanction of the Board in negotiating with the

I

�...

340

Highway Department and the Kentucky Utility Company for removal of these
poles which mar the beauty on the front of the campus .
It was then moved by Mr . F. L. Dupree that the President be given the
authority to act on behalf of the Board in ne gotiating with the Highway
Department and Kentucky Utility Comnany for the removal of these poles if

I

possible .

Motion was seconded by Dr. Russell I . Todd and approved by the

Board unanimous ly.
EMPLOYM1NT OF ARCHITECT FOR RENOVATION OF THE
ADMINISTRATION BUILDING
President Martin made the following report to the Board of Regents :
"The Coates Administration Building was constructed near the end of
the administration of President Coates and the Hiram Brock Auditorium wa s
added in the first part of Dr. Donovan ' s administration.

Nothing substan-

tia l has be~n done to this building since that time in the way of remodeling or renovation .
" I am asking the Board of Regents for the authority to recommend to
the Commissioner of Finance the employment of Brock and Johnson, Architects,
to develop program and plans for the renovati on and remodeling of this

I

building.
"It is my opinion that a thorough renova ti.on should be done of the
entire building but at least the three following items should be accomplished
through remodeling :
1.

Air- conditioning of the entire building . This air- conditioning should
be planned in its entirety although the auditorium might be air-conditioned at a later date .

2.

A complete remodeling of the space on the ground floor of the building
including the development of the space underneath the auditorium .
This developed space would house :

I

A.

Att ractive offices for the Extension Divis ion, the Division of
Publicity and Publications and the Division of Alumni Affairs .

B.

It would provide space for the college switchboard , the central
mail room, the faculty mail room, central duplicating facilities ,
IBM equipment, and a concession room .

C.

A central filing room for the administrative offices of the
college .

D.

The necessary janitorial space would be maintained as well as
space to be used for ~he location of the air- conditioning
equipment.

3.

The composition floors in the halls which have proven unsatisfactory
over the years , should be replaced by an inexpensive tera zzo Iloor.

4.

Toilet facilities should be thoroughly renovated .

5.

Lighting system should be thoroughly modernized .
The President then stated that the funds for t his project would have

�to come from State Appr opriation or some similar sour ce .

He further

stated that after planning , certain of the work could be begun by our
own maintenance department .

It was then moved by Dr . Russell I . Todd that

the Board grant the President authority to recommend the employment of
Br ock and Johnson , Architects , to the Commissioner of Finance and that
the a r chitects be instructed to develop progr ams and plans for the
renovation and r emodeling of the Coates Administration Building along
the lines outlined by Pr esident Martin .

I

The motion was seconded by

Mr. Sidney W. Clay and approved by the Board unanimously.
APPLICATION FOR TWO ADJ ,ITIONAL DORMITORU.,S
AND ADDITIONAL FACULTY HOUSIOO
President Martin made the following report to the Board of Regents :
"Since there are many months which elapse between the ini tial
application for additional housing and the necessary governmental red
tape which must be met , I think it is per tinent now that we make appl i cat ion for approv al for financing by the Housing and Home Finance Agency
for the construction of Women ' s Donnitor y #4 to be located in the rear
of Burnam Hall and to house 324 girls .

In fact , plans have already been

developed for this dormitory but cannot be used at this time si nc e it
was decided to constr uct the two men ' s halls first ; Men ' s Dormitory #7

I

which would house approximately 400 men ; and the faculty housing #2 t o
consist of an apartment building similar to the faculty housing #1 and
a series of single and duplex units to be constructed in the area of the
present faculty apartment building. 11
President Martin then recoHanended to the Board of Regents that
they authorize him as President to make ap plication to the Housing and
Home Finance Agency for loan assistance in the construction of Women 's
Dormitory #4, Men ' s Dormitor y #7, and additional Faculty Housi ng, arrl
take all necessary steps to execute the necessary for ms r equir ed in the
process ing of this application .

Mr. Sidney W. Clay moved that the President ' s re commendation be
approved by the Board .

The motion was seconded by Mr. Wilson Palmer

and when the roll was called the followi ng voted
Mr . Clay
Mr. Dupree
Judge McGregor
Mr . Palmer
Dr . Todd
Voting "Nay" : None

11

Aye ":

I

�BONDED INDEBTEDNESS
Pr esident Martin then s ubmitted to the Board a repor t of the curr ent
bonded indebtedness of the Coll ege :
OUTSTANDING BOND IS SUES
January 9, 1963

I

I.

EDUCATIOJAL BUILDING
ISSUE
A.
B.

C.

Consol idated Educational
Revenue Bonds , Ser ies
A, (Fiscal 1961)

OUTSTANDING
AMOUNT

BUILDINGS

$325, 000

$ 258 , ooo

Music Building

2, 000 , 000

Consolidated Educational
Revenue Bonds , Series
B, (Fiscal 1963)
$3,500, 000

1 , 965, 000

$J , 500,000

Donovan Building
Gibson Bui lding
Alumni Coliseum
Recons true tion
of Johnson Stu dent Union Bldg .
Dairy Center
Coliseum Parl&lt;. ing
Lot
Sports Field

HOOSING

II .

I

Music Building Revenue
Bonds of 1955

ORIGINAL
AMOUNT

A.

Dormitor y Revenue Bonds
of 1954

450, 000

352 , 000

Keith Hall
Renovati on of
Sullivan Hall

B.

Donnitory Bonds of 1957

600, 0001

112 , 000

O' Donnell Hall

C.

Ccnso lida ted Housing
Sys tem Revenue Bonds
of 1962

1

8, H55,ooo2

8, 855 , 000

Series A-$393, 000
O' Donnell Hall
Series B-$1, 900, 000
Case arrl Mattox
Halls, Br ockton
Series C-$3 , 375 , 000
Martin, Case Addi tion and Br ocktcn
Addition
Series D- $3 , 187, 000
Combs and McGregor
Halls, Faculty Apts .

Bonds for $393 , 000 of this issue were exchanged for the same
amount of bonds identified as Consolidated Housing System
Revenue Bonds, Series A

2 Includes $5, 668, 000 in bonds previously issued and $3, 187 , 000
to be sold

I

President Martin then made the following general comments concerning
this report :
"All dormitory projects are closely supervised by the Housing and
Home Finance Agency in Atlanta and Washington, D. C. The Housing and Home
Finance Agency requires us to show projected revenues that will equal 1 . 35
times the average annual debt service required by the issue .

The revenue

�-

3-'l-lo

used for this coverage are net revenues, having been reduced frcm the
gross anticipated rental by a ten percent (10%) vacancy credit and a
maintenance and operation allowance of $50 per bed and $150 per apartment .
This vacancy credit is required even though we now have three (3) students
housed in most rooms designed for occupancy by two (2) students .
"The following table of ni.nth grade enrollment in the secondary
schools of Kentucky gives an indication of the trend of future college

I

enrollment :
APPRO\IMATE NINTH
GRADE ENROLLMENT

YEAR

1958- 59
1959- 60
1960- 61
1961- 62

45,ooo
45, 000
55, 000
61 , 000

"This clear ly indicates that "war babies" will soon be in our
college dormitories and we must prepare for the onslaught of college
enrollment.
"Another fact that will add to our enrollment relates to out-ofstate enrollments .

Last fall we turned away 410 out - of- state students

who applied to us for admission .

Currently, Eastern has the smallest

percent of out - of-state enrollments of any college in Kentucky, the
percent being about five

or six percent .

I

I am conviced that our college

would benefit from a somewhat higher per cent of out- of- state enrollments .
This would have the effect of making our college more cosmopolitan .
"To help prepare for these increased enrollments I have in mind a
third bond issue for educational buildings .

This year we do not have

enough class rooms for our academic program .

The same situation will

obtain next year .
"The Commonwealth of Kentucky has permitted us to use student registration fees for the amortization of these bonds .

The student registra-

tion fees not used for this purpose will be subtracted from the anticipated
financial needs of the college in determining the state appropriation.
Therefore , failing to take advantage of the use of student fees for bond
issues means solely that we are depriving ourselves of needed facilities .
"The Consolidated Educational Buildine;s Revenue Bonds are being
well received by the bonding company.

Further, the Housing and Home

Finance Agency and the various bond dealers are extremely good safeguards
in insuring that we do not over extend ourselves in incurring bond
indebtedness. 11

I

�A general discussion of this report then followed .

Mr . Dupree stated

that as he understood it, the housing program was intended to bring in
students from off campus and provide them with housing at a more reasonable
rate .

President Martin stated that in general he was trying to get the

campus up in shape so that attention could be turned to staff and program.

I

Mr. Dupree pointed out that every bond issue by the college was secured

either by student fees or by revenue from rental rates .
A POSSIBLE LOCATION FOR STATE POLICE BARRACKS

President Mar tin detailed for the Board the effect of Interstate High way 75 upon the campus .

He explained that in hi s opinion the completion of

I - 75 would place Eastern within easy driving distance of major population
centers both to the north and south of Richmond .

He stated that the State

Police are seeking a location for a barracks in the Richmond area .

The

President said that he had approached Commissi Jner Lovern concerning his
interest in the location of the barracks on the by-pass road which passes
through the campus .

He stated that in his opinion the barracks would require

from three - fourths (3/4) to one acre of land for this purpose .

I

He further

stated that he believed that the location of this barracks near the
entrance to the Coliseum on the by-pass road would be a very fine thing .
President Martin stated that he felt that the presence of State Police
on the campus would have a good effect and further that the State Police
would be available to help us with traffic control and other police matters .
He stated further that this would be a very good location for the State
Police .
President Martin then requested the Board authorize him to continue
negotiating with Commissioner Lovern in this matter reporting to the Board
from time to time on the progress of his negotiations.
It was then moved by Dr. Rus~ell I . Todd that the President be authorized to continue these negotiations .

I

The motion was seconded by Mr. Wilson

Palmer and approved by the Board unanimously.
ISSUANCE OF HOUSING SYSTD' REVENUE BONDS
OF 1962, SERIES D
Mr. C. W. Grafton and Miss LilJian M. Fleischer, members of the law
firm of Grafton, Ferguson and Fleischer, employed by the College in connection with the proposed authorization and issuance of the Board ' s $3,187 , 000
"Housing System Revenue Bonds of 1962, Series D," were then asked to join
the meeting and the President requested that Bond Counsel take the floor,
explain in general terms the business proposed to be transacted, and tender

�-

3 18
for examination and consideration by the Board such instruments and
documents as were r eady for submission.

Mr. Grafton then made a presentation, which is summarized , as
follows :
(1) By Resolutions adopted at a meeting held on April 18 , 1962,
the Board of Regents approved the Loan Agreement tender ed by Housing
and Home Finance Agency of the United States (HHFA) and identified by
it as Project CH-Ky-52(D) , and in accordance with the terms and
provisions thereof (a) provided for the creation and establishment of
a "Housing System" of the College, as hereinafter more fully set forth ;
(b) authorized the issuance of the Board's $5 , 668, 000 "Housing System
Revenue Bonds of 1962 , Series A, Series B, and Series C11 ; (c) author ized
the delivery of the Series A Bonds and the Series B Bonds to HHFA
upon surrender of outstanding Bonds of the Board held by HHFA in corresponding prindpal amounts and bearing interest at the same rates ; and
(d) authorized the offering of the Series C Bonds at public sale.

I

(2) The Series C Bonds were publicly sold at a meeting of the Board
on May 16, 1962, a port ion thereof being awarded to John Nuveen &amp; Co .
and The Bankers Bond Co ., and the remainder to HHFA .
(3) On June 28, 1962, the Series C Bonds were delivered to the
respective purchasers thereof and simultaneously the exchange of
Series A Bonds and Series B Bonds, as above set forth, was effected .
Thereupon the "Housing System" became effectively created and established , initially consisting of
(a) the existing dormitory for men, known as O'Donnell Hall
(constructed under HHFA Project Ky- 15- CH- 25(D)) , subject to the prior
statutory mortgage lien, the prior pledge of rentals , and the prior
pledge of the incidental (registration) fees of the student occupants
thereof to the amount of $38 . 00 per student for each semester of the
regular term of two semesters, and $1Y. OO for the regular summer session,
until such t ime as Bonds numbered 20 to 141, inclusive , of the Ser ies
of "Dormitory Bonds of 1957 , " aggregating $122, 000 and outstanding
in the hands of private investors, shall have been oaid or fully provided for by sett-ing aside funds in the hands of the 1957 Trustee; and
thereafter the rentals, together with t-he same amount of the incidental
(registration) fees of the student occupants to continue under pledge
as a part of the security and source of payment of the "Housing System
Revenue Borns of 1962 11 ;
(b) the existing housing and dining facilities financed and
constructed under HHFA Project Ky-15- CH-34(D) , these being Mattox Hall
and the snack bar operated therein, Case Hall, and eleven apartment
buildings f or married student families, now known as Brockton ; as to
which there will no longer be a pledge of the incidental (registration)
fees of student occupants, exceot as to Mattox Hall, in connection
with which there will continue t-o be a pledge of the incidental
(registration) fees of student occupants to the amount of Thirty- five
Dollars ($35 . 00) per student occupant for each of the two (2) semesters of the regular term, and Seventeen Dollars fifty cents ($17 . 50)
for the regular summer session ;
(c) the four existing dormitories for men known as Miller
Hall, Beckham Hall, McCreary Hall and Stateland House ;
(d)

the existing dormitory for women known as Burnam Hall;

(e) tne existing Home Economics r esidence for women known
as Turley House;
(f)

the existing faculty residence known as Bond House ;

(g) the existing dormitory for women known as the Case Hall
Aidition together with the snack bar to be operated therein; the
existing dormitory for men known as Martin Hall together with the

I

I

�cafeter ia to be operated ther ein; the sixteen apartment build i ngs for
marr i ed student families known as the Bro ckton Addition; all constructed
under HHFA Pr oject CH - Ky- 52(D);
(h) an agr eement on the part of the Board to add to the Housing
Sys tem the existing dorn.ito r y known as Keith Hall; at such time as the
indebt edness thereon has been paid in full .

I

I

(4) In connection with all of the for egoing , the Board of Regents
entered into a Trust Indenture with State Bank and Trust Company of
Richmond , Kentucky, as Tr ustee , pr oviding for the secur ity of the Seri es
A, Series B, and Series C Bonds ; providing for the disposition of the
proceeds of the Series C Bonds ; and containing pled ges and covenants of
the Board of Regents with reference to the disposition of the r evenues
pledged as the sour ce of payment for such Bonds . In that Trust Indenture
the Board of Regents reser ved the right t o add new housing f acilities
and related auxiliar y f acilities including, int er alia, dining facilities ,
by the issuance of one or more additional series of Bonds secur ed by a
parity lien on and ratably payable from the r evenues and other security
initially pledged, upon cer tain condition s which may be briefly summari zed in substance (a) that such new housing and related facil i ties be
made a part of the Housing System and the revenues derived therefr om be
pledged as adc1 itional security for the par i ty bonds and the outst anding
Bonds; (b) that up t o the time of each successive issuance of par ity bonds ,
the Boar d of Regents is in f ull compliance with its covenants and undertakings in connection with the outstanding Bonds ; and (c ) that there be
a showing of revenues equal to at least one and thir ty- five one - hundr edths
(1. 35) times t he aver age annual requirements for principal and inter e st
on all Bonds .
(5) As t o s uch parity bonds as might be issued in the indefinite
fu tur e it is r e quir ed that the condition of 1 . 35 "coverage " of principal
and interest r equirements be demonstrated in two separate r espects -fir st, that it be determined by an independent public accountant that the
actual r evenues of the Housing System for the preceding fiscal year
wer e at least equal to 1 . 35 times t he average annual requirements fo r
pr incipal and interest on all Bonds then outstanding ; and second , that
the estimated net revenues of the proposed new housing and r elated
faci lities, when added to the actual revenues for the pr eceding fi s cal
year would be equal to 1 . 35 times the average annual principal and interest
r equirements on the outstanding Bonds and also the parity Bonds then
proposed to be issued .
(6 ) However , in view of the fact that the Board of Regents , at the
time of the cr eation and establishment of the Housing System, already
had pending befor e HHFA certain applications for loan commitments to
finance housi ng and related facili t ies already demonstrated to be needed ,
the requirement of 1 . 35 times coverage was relaxed as aoplied to the
projects r epresented by the pending applica tions , orovided that only the
second element of computation be met , and without any requirement that
the fir st element of computation be met .

I

(7) The Board of Regents has previously entered into another Loan
Agr eement wit h HHFA, identified by HHFA as its Pr oject CH -Ky- 62(D) ,
Contr act No . H- 302- 842 , dated June 1 , 1962, in contempl ation of the
construct ion and financing of a Pr oject (for convenience sometimes here inafter r eferred to simpl y as "Project 62(D) "), consisting of a new
dormitor y , with thr ee supervisors apartments , to house approximately
446 women students ; a new dormitor y with supervisor ' s apartment and t wo
f aculty apar tments , to house approximately 238 men students ; and a new
apartment buildi ng to house approximatel y 8 faculty families; all wit h
necessary appurtenant facilities . In order to finance the same the
Loa n Agreement for Project 62(D) pr ovides for the Board ' s issuance of
its $3 , 187, 000 "Eastern Ken tucky State College Housing System Revenue
Bonds of 1962 , Series D," to be dat ed February 1, 1962 , and to mature
ser ially in var ious amounts on February 1 i n each of the years 1 965
to 2002 , inclusive ; the same to be offered by the Board of Regents at
an advertised , public , competitive sale at which pr iv ate investors may
offer t o purchase designated blocks of Bonds separately or in any combinati on, and wi t h the guarantee of HHFA to submit a bid at the public
s ale f or t he purchase of the entire issue (or any blocks not offered t o
be pur chased by pr ivate inter ests) , at a singl e unifor m interest coupon
r ate of three and three- eighths per cent (3 - 3/8%) per annum . It is a
condition of the HHFA Loan Agr eement that if parties other t han t he

�·-

350
Government should offer to purchase any block, or combination of blocks,
or the entire Bond issue , at an average interest rate of three and
three - eighths per cent (3- 3/8%) , or lower , than such block or blocks,
or the entire Bond issue , must be awar ded thereon , and ~he HHFA purchase bid will cease to be effective as to such Bonds .
(8) In order that these proposed Series D Bonds may rank on a
basis of parity arxl equality as to security and source of payment wit h
the previously issued Series A, Series B, and Series C Bonds, it i s
necessary for t he Board of Regents to comply with the above -mentioned
conditions , as the same are set forth in Section 7 . 03 of the existing
Trust Indenture. In this connection it is required that computations
of estimates of revenues be made by the chief financial officer of the
Board and approved by the Boa~d and by the President of the College.
After such computation has been submitted to and apnroved by the
Board, the Board may join the aforesaid Trustee in the execution of a
"Supplemental Trust Indenture " wherein the housing and related faci lities of Project 62(D) are declared to be parts of the Housing System ,
the revenues therefrom are pledged for the common security of parity
Bonds and all outstanding Bonds, and the Series D Bonds are authorized
to be issued .

I

(9) The chief financial officer of the Board has prepared and
submitted his computation of estimated revenu es conforming to the
requirements of Section 7 . 03 of the aforesaid Trust Indenture and
the same has been anproved by the President of the College .
(10) Bond Counsel has been instructed by the President of the
College to anticipate an inclination on the part of the Board to
comply with all oarity Bond requirements , authorize the Series D Bonds
according to the provisions of the Loan Agreement for Project 62 (D) ,
and provide for a public sale thereof at an earl y date to be designated by the Board of Regents . Upon these instructions Bond Counsel
had prepared and had submitted to each member of the Boa rd of Regents
for advance examination the following instruments :
(a) Bond Counsel ' s draft of a proposed Resolution of the
Board authorizing the issuance of $3, 187 , 000 "Housing System Revenue
Bonds of 1962, Series D", dated February 1 , 1962 , conforming to the
specifications set forth in the Loan Agreement for HHFA Project
CH-Ky - 62(D) ;

I

(b) "Notice of Sale of Bonds" for the public offering of the
"Housing System Revenue Bonds of 1962 , SeriEs D";
(c) "Statement of Terms and Conditions of Bond Sale , 11 supplemental thereto ;
(d) a "Supplemental Indenture" for execution on behalf of the
Board with the same Trustee above mentioned to implement the addition
of the buildings of Project 62(D) to the "Housing System."
After Bond Counsel ' s presentation , the various instruments and
documents so tendered to the Board were in succession read in full and
made the subject of full discussion .
Boar d Member Dupree moved immediate adoption of a pr oposed Resol ution , as follows , seconded by Board Member Clay:
A RESOLUTION OF THr; BOARD OF REGENTS OF EASTERN
KENTUCKY STATE COLLIDE, RICHMOND , KENTUCKY, PROVIDING FOR THE IS~1JANCE OF HOOSING SYSTEM REVENUE
BONDS OF 1962, SERIES D; AND PROVIDING FOR A
PUBLIC SALE OF SAID SERIES .

WHEREAS,

the Board is authorized by Section 162 . 340 , et seq., of

the Kentucky Revised Statutes to erect buildings for educational purposes
at Eastern Kentucky State College, Richmond, Kentucky, and to finance the

I

�-

351

costs thereof (to the extent not otherwise provided) through issuance of
the Board's Revenue Bonds; and
WHEREAS ,

the Board has heretofore established the "Housing System"

of the College and has issued its $5 , 668,000 . 00 "Eastern Kentucky State
College Haus i.ng System Revenue Bonds of 1962 , 11 consisting of Series A

I

Bonds in the principal amount of $393,000. 00 , Series B Borris in the principal amount of

.n, 900,000 . 00

and Series C Bonds in the principal amount of

$3,375,000 . 00 all as more particularly set forth in a certain "Trust
Indenture" dated as of February 1, 1962, and made by the Board with State
Bank and Trust Company of Richmooo, Kentucky, as Trustee (hereinafter for
convenience sometimes referred to simply as the Trust Indenture) ; and
WHEREAS,

it is provided in Sections 7 . 02 and 7 . 0J

of the Trust

Irxienture that the Board may add new housing facilities and related auxiliary facilities including, inter alia, dining facilities, by the issuance of
one or more additional series of said "Housing SystEm Revenue Bonds of 1962 11 ,
subject to certain conditions and restrictions; and more particularly in
Section 7 . 0J of the Trust Indenture there are set forth the conditions and

I

restrictions apnlicable to such additional Bonds if issued on or before
June JO , 1965; and the Board is prepared to show compliance with such ccnii tions and re strictions and to autnorize the issuance at this time of
$3,187, 000 . 00 "Eastern Kentucky State College Housing System Revenue Bonds
of 1962, 11 dated as of February 1 , 1962, for the pur pose of providing the
cost ( to the extent not otherwise provided) of additional housing facilities
as hereinafter more particularly described; and
WHEREAS,

the existing buildings uded for educational purposes at

Eastern Kentucky State College at Richmond , Kentucky, are wholly inadequate
and it has heretofore been determined to be necessary that certain housing
facilities (hereinafter collectively referred to as "Project 62 (D) 11 ) be constructed on the camous of the College, the same consisting of a dormitory to

I

house approximately 446 women students with three supervisors' apartments,
a do:nnitory to house approximately 238 men students with supervisor 's
apartment and two faculty apartments; and an apartment building to house
approximately 8 faculty families; all with necessary appurtenant facilities,
the total cost of which is estimated to be in excess of $3,187,000 . 00 ; and
WHEREAS,

a portion of the cost of said Project 62(D) is to be paid

from available funds, but it is necessary that additional funds be provided
through the issuance of Revenue Bonds to the amount of Three Million One

�..
352.

Hundred Eighty- seven Thousand Dollars ($3 , 187 , 000 .00) pursuant to Section
162 . 340, et seq . , of Kentucky Revised Stat utes ;

NCM, THEREFDRE, THE BOARD OF REG~NTS OF EASTERN KENTUCKY STATE
COLLEGE AT RICHMOND, KENTUCKY, HEREBY RK OLVES, AS FOLLOWS :
Section 1 .

That the c onstruction of Project 62(D) on the campus of

Eastern Ken tucky State College according to the nlans and specifications
heretofore prepar ed and approved is hereby declar ed necessary for educa-

I

tional purposes and is hereby in all respects ratified and confirmed.
Section 2.

In order to pay the cost of erecting said Project 62 (D)

(not otherwise provided) , Housing System Revenue Bonds of 1962 , Series D,
shall be and ar e hereoy ordered issued by the Board of Regents of said
Eastern Kentucky State College in the aggregate principal amount of Thr ee
Million One

nundred Eighty-Seven Thousand Dollars ($J , 187,ooo. oo) , dated

Februa1y 1 , 1962 , such Series D Bonds to bear interest at one or more rates
averaging no greater than 3- 3/8% per annum as may be established by a
supplemental resolution of the Board upon the basis of competit ion at
public sale as hereinafter provided; all of such Series D 3onds to be
offered at public sale as negotiable coupon Bonds , registrable as to principal only, in the denomination of $1, 000; but subject, nevertheless ,

I

to issuance by the Board at the election of the purcha ser or purchasers
in fully registered form ; and to oe in substantially the respective forms
and in all r espects to conform to the specifications and details set forth
in the Supnlemental Trust Indenture referred to in and s et out under
Section J of this Resolution .
Section 3.

Said Bonds shall be issued pursuant and secured by a

supolemental Tr ust Indenture between the Board of Regents of Easte rn
Kentucky State College , party of the first oart, and State Band and Trust
Company of Richmond , Kentucky, a banking corporation having corporate
trust powers , organized and existing under and by vir tue of the laws of
the Commonwealth of Kentucky, and having its principal office and place
of business in the City of Richmond , Kentucky, par ty of the second part.
The Chairman and Secretary of the Board of Regents are hereby author ized
and directed to make, execute , and deliver such Supplemental Trust Indenture in substantially the form , text, terms , and provisions hereinafter
set out , and this Board of Regents hereby approves , ratifies , and confirms
all of the covenants , provisions, and stipulations as set out in such
Supplemental Trust Indenture, to -wit :

I

�SUPPU.11ENTAL I'RU.)T INDENTUiIB

SECURING
EASTERN KENTUCKY STATE COLIEGE
HOUSING SYSTEM REV'.cJ,J'UE Barns OF 1962,
Dated as of February 1, 1962,

I

ISSUED BY BOARD OF REGENTS OF EASTERN KENTUCKY
STATE COLLEG1, RICHMOND, KENTUCKY,
CONSISTING OF
SERIES A BONDS
SERIES B BOODS
SERIES C BONDS
and
SERI ES D BONDS

$

393 , 000

1,900, 000
3, 375 , 000
3,187 , 000

THIS TRUST INDEN1URE dated as of the firs t day of February, 1962,
made by and between BOARD OF REGENTS OF EASTl!;RN KENTUCKY STATE COLLEGE, a
body corporate, as an Educational Institution and Agency of the Commonwealth
of Kentucky, at Richmond, Kentucky, (hereinafter sometimes called the "Board"),
party of the first part, and STATE BANK AND TRUST COMPANY OF RICHMCND, KENI'UCKY,
a banking corporation duly organized and existing according to the laws of

I

the Corrmonwealth of Kentucky, having full powers to act as a corporate Trustee,
and having its principal office and place of business in the City of Richmond ,
County of Madison, Commonwealth of Kentucky, as Trustee , (hereinafter some times called the

11

Trustee") , party of the sacond part,

WITNESS ETH:
THAT WHEREAS, pursuant to Section 164 . 350 of the Kentucky Revised
Statutes now in full force and effect, the Board is a oody corporate with all
powers generally invested in corpora ~ions and as such is the governing body
of Eastern Kentucky State College, an Educational Institution and Agency of
the Commonwealth of Kentucky, having full control of the management and operation of said College together with the property and funds thereof; and

I

WHEREAS, pursuant to the provisions of Section 162 . 340, et . seq ,, of
said Kentucky Revised Statutes , said Boa rd as the governing body of said State
Educational Institution and Agency, is authorized to erect bu i ldings and
appurtenances to be used in connection with said College for

educational

purposes, and to issue its revenue bonds, payable solely from the incane and
revenues of such buildinvs; and
WHEREAS, pursuant to such statutory authority , and l e gal and proper pro ceedings , the Board at a meeting held on April 18, 1962, provided for the

�creation and establishment of a "Housing System " of Eastern Kentucky State
College and authorized the issuance of its $5, 668, 000 "Eastern Kentucky
State College Housing System Revenue Bonds of 1962 ," dated as of February 1,
1 962 , consisting of Series A Bonds in the orincipal amount of $393, 000,
Series B Bonds in the principal amount of $1, 900,000, and Series C Bonds
in the principal amount of $3 , 375, 000, all of which have been issued am.
delivered; and

I

WHEREAS , in connection with the issuance of said Bonds, and in order
to provide security to the holders thereof, the Board entered into a
certain "Trust Indenture" with State Bank and Tr ust Company of Richmond ,
Kentucky, as Trustee, dated as of the 1st day of February, 1962 (hereinafter for convenience referred to as the "Trust Indenture") and it is
provided in Sections 7 . 02 and 7 . 03 thereof that the right is reserved to
the Board to add new housing facilities and related auxiliary facilities ,
including inter alia, dining facilities, by the issuance of one or more
additional Series of Bonds to be secured by a parity lien on and ratably
payable from the r evenues arrl any other security pledged in and by the
Trust Indenture provided in each instance that compliance is made with
certain conditions; and the conditions set forth in Section 7 . 03 of

I

Trust Indenture are applicable in the cases of additional parity bonds
which may be issued on or before June 30 , 1965; and the Board is prepared
to demonstrate compliance with all of said conditions as hereinafter more

fully set forth ; and
WHEREAS , the Board has determined that said College and its students
are not at this time provided with adequate buildings and accommodations
for educational purposes; and has determined that it is necessary to con struct a new dormito r y to house approximately 446 women students with three
supervisors ' apartments; a new dormitory to house approximately 238 men
students, with a supervisor ' s apartment and two faculty apartments ; am. a
new apartment building to house approximately 8 faculty families , all with
necessary appurtenant fac ilities, (hereinafter referred to in the aggregate
simply as "Project 62(D) 11 ) , under construction upon sites which are parts
of the campus of said College; and in order to defray the costs thereof
(to the extent not otherwise pr ovided) it is necessary that the Board

authorize and issue at this time its additional revenue bonds in the pr incipal sum of Three Million One Hundred Eighty- seven Thousarrl Dollars
($3 , 187 , 000 ); and

I

�-

355

WHEREAS, the Board has adopted an appropriate Resolution authorizing
the issuance of Bonds, the same to be designated "Housing System Revenue
Bonds of 1962, Series D", as hereinafter described and set forth, and has
duly authorized the execution of this Supplemental Trust Indenture, in the
form hereof, for the purpose of securing the payment thereof, and of the

I

Series A, Series B, and Series C Bonds, and the interest thereon, and to
provide for the proper and orderly administration of the revenues of said
System and of the proceeds of the Series D Bonds; and
WHEREAS , the Bonds may be issued as coupon Bonds in the denomination
of $1,000 each, or as one or more f ully registered Bonds without coupons
in any denomination which is a multiple of $1, 000, or partly in one form
and partly the other; and the coupon Bonds of said authorized issue , and
the coupons appertaining thereto, and a Trustee's certificate with respect
thereto, and provisions for the registration thereof as herein prescribed,
are to be substantially in the following forms, with appropriate insertions,
omissions and variations as in this Indenture provided or permitted :
(FORM OF COOPON BOND)

I

UNITED STATES OF AMERICA
CO!'J1CNWEALTH OF KENTUCKY
1ASTERN KJ:',NTUCKY STATE COLLEGE
HOUSING SYSTEM REVENUE BOND OF 1962
SERIES D
Number

$1,000
The Board of Regents of Eastern Kentucky State College , a body corporate,

as an Educational Institution and Agency of the Conmonwealth of Kentucky, at
Richmond, Madison County, Kentucky, for value received, hereby promises to
pay, solely from the special fund provided therefor as hereinafter set forth,
to the bearer, or, if this Bond be registered, to the registered owner hereof,
as hereinafter provided, the sum of One Thousand Dollars ($1,000) on the

I

first day of February, 19__ , and to pay, solely from said special fund ,
interest thereon from the date hereof until payrr~nt of principal at the
rate of

- -----

- - - -- %)

per centum (

per annum, such interest being

payable semiannually on February 1 and August 1 of each year , beginning
August 1, 1962, except as the provisions hereinafter set forth with respect
to prior redemption may be and become aon licable hereto, such interest as
may accrue on and prior

t,O

the maturity date of this Bond to be paid only

upon presentation and surrender of the annexed coupons as they severally

�mature, both principal and interest being payable in any coin or currency
which, on the respective dates of payment of such principal and interest,
is legal tender for the payment of deots due the United States of America,
at the principal office of the Trustee, STATE BANK AND TRUST COMP.AN., OF
RICHMOND , KENTUCKY, in the City of Richmond, County of Madison, Corrmonwealth
of Kentucky, or, at the option of the holder hereof or of the interest
coupons hereunto appertaining, at the principal office of CHEMICAL BANK

I

NEW YORK TRUST COMPAN 1 , in the Borough of Manhattan, City of New York,
State of New York .
This Bond is one of a duly authoriz,ed issue of Bonds now in the
aggregate principal amount of $8,855,000, consisting of Series A Bonds
in the aggregate principal amount of $393,000,

Series B Bonds in the

aggregate principal amount of $1,900,000, Series C Bonds in the aggregate
principal amount of $3,375,000, and Series D Bonds in the aggregate
principal amount of $3,lb7,000, all of said Bonds being of the same tenor
and effect (except fo r numbers, denominations, maturity dates, series
designations, provisions with respect to redemption prior to maturity,
and possible variati on in interest rates), issued for financing and
refinancing the costs, not otherwise provided , of the Housing System of

I

said Eastern Kentucky State College, consisting of (a) initially, certain student housing facilities existing on the campus of said College
in Richmond, Madison County , Kentucky, as particularly identified in the
Trust Indenture hereinafter referred to, (b) a new dormitory to house
approximately

446

women students, with three supervisors' apartments; a

new dormitory to house approximately 238 men students, with a supervisor ' s
apartment and t-wo faculty apartments; and a new apartment building to
house approximately 8 faculty families; all with necessary appurtenant
facilities (referred to as "Project 62(D) ") presently under construction
on the campus of said Coll£ge, and to be financed through application
of the proceeds of the Series D Bonds, as su~pl emented by other available
funds, (c) any other housing facilities or related auxiliary facilities,
including , inter alia, dining faciljties, which may be added to the said
Housing System at future dates in accordance wit h the conditions and
restrictions provided in connection with the permissive issuance of
parity bonds, and (d) any such fa cilities as may be added to the Housing
System as additional security for the Bonds (hereinafter sometimes referred
to as t.he "Housing System, 11 or the "System 11 )

,

under and in full compliance

I

�-

. 357

with the Constitution and Statutes of the Commonwealth of Kentucky, includ ing, among others, Sections 162 . 350 to 162 . 380, inclusive, of the Kentucky
Revised Statutes, now in full force and effect.
All of said Bonds are issued under and pursuant to a Trust Indenture
(said Indenture, together will all indentures supplemental thereto as

I

therein permitted, being hereinafter called the "Indenture"), of even
date herewith, executed by and between said Board of Regents and State
Bank and Trust Company of Richmond, Kentucky, as Trustee (said Trustee
and any successor Trustee under said Indenture being herein called the
"Trustee"), an executed counter part of which is on file at the office of
said Trustee in the City of Richmond, Kentucky.

Reference is hereby made

to the Indenture for a more specifi c identification of the Housing System
and said Project 62(D)

and

for the provisions, among others, with respect

to the custody and the application of the proceeds of the Series D Bonds ; the
collection and disposition of the revenues ; the fund charged with and pledged
to the payment of the interest on and the principal of said Bonds; the
nature and extent of the security; the reserved right of the Board to issue

I

in the future certain additional Bonds which will rank on a basis of parity
as to security and source of payment with the Bonds initially authorized,
subject to conditions and restrictions which are specifically set forth in
the Indenture ; the ri ghts, duties and obligations of said Board of Regents
and of the Trustee; and the rights and limitation of rights of the holders
of the Bonds; and , by the acceptance of this Bond, the holder hereof assents
to all of the provisions of said Indenture .

Under authority of the statutes

pur suant to which t hi s Bond is issued, this Bond shall have all the qualities and incidents of a negotiable instrument,and , subject to the provisions
for registration endorsed hereon and contained in the Indenture , nothing
contained in this Bond or in said Indenture shall affect or impair the
negotiability of this Bond .

I

The holder of this Bond shall have no right to enforce the provisions
of the Indenture or to institute action to enforce the covenants therein,
or to take any action with respect to any default under the Indenture, or
to institute , aoo ear in or defend any suit or other proceedings, with respect
thereto, except as provided in the Indenture .

The Indenture provides for

fixing , charging and collecting rentals and other charges for the use of
said Housing System, which rents and charges will be sufficient to pay the
principal of and the interest on said Bonds as the same become due, and to

�provide reserves for such purposes and also to oay the cost of maintenance,
operation and repair of the said Housing System.

The Indenture provides

for the creation of a special fund designated ''Housing System Revenue
Bonds of 1962 Bond and Interest Sinking Fund Account 11 (herein called the
"Bond and Interest Sinking Fund") , and for the deposit to the cr edit of
said Bond and Interest Sinking Fund of a fixed amount of the gross income
and revenue s of said Housing System to pay the principal of and the

I

interest on the Bonds as the same become due, and to provide a reser ve
for such purpose , which Bond and Interest Sinking Fund is pledged to and
charged with the payment of said principal and interest.
This Bond and the issue of which it is one, and Bonds ranking on a
basis of parity which have heretofore been issued and may hereafter be
issued and outstanding um.er the conditions arrl restrictions s et fo r th
in the Indenture , are payable on a basis of parity only from a fixed
amount of the gross income and revenues to be derived from the operation
of said Housing System (and , in the case of the dormitory for men known
as O' Donnell Hall only, subject to the acknowledged priority of the
security rights previously made for the benefit and protection of the
holders of $122, 000 "Dor mito r y Bonds of 1957 , 11 being all of the outstand-

I

ing Bonds of that designation, originally issued in the principal sum
of $600, 000) , which fixed amount will be set aside in said Bond and
Interest Sinking Fund; and this Bond does not constitute any indebtedness of Eastern Kentucky Stat e College or of its Board of Regents or of
the Commonwealth of Kentucky within the meaning of any provisions or
limitations of the Constitution of the Co!TITlonwealth of Kentocky.
REDEMPI'I ON PROVISIONS
The Board reser ves the right to call and redeem Bonds prior to their
respective maturity dates as follows :
(a)

Surplus funds in the "Project 62 (D) Construction Account , 11

provided for in the Indenture, will be applied to the redemption of the
Series D Bonds in the inverse order of their numbering;
(b)

Bonds shall be subject to redemption from the proceeds of

insurance , in the event of damage to or destruction of properties cons tituting parts of the Housing System, as provided in the Indenture ;
(c)

Certain Bonds of each Series are subject to redemption at t he

option of the Board in inverse numerical order on any interest payment
date subsequent to the date of the Bonds, at par nlus accrued int erest t o

I

�the date of redemption, upon notice as hereinafter provided ;
(d)

The Board reserves the right to call for redemption , subject

to the redemption provisions of the r e soective Bond Series, any and all
outstanding Bonds which may be called and redeemed at oar or face value ,
pr ior to calling for r edemption any Bonds that are callable at a premium;

I

(f)

Subject to all of the foregoing, the Bonds of Series Dare subject

to redempt ion at the option of the Bo~rd as follows :
Bonds numbered 1 through 386 , inclusive , maturing February 1, 1965,
through February 1, 1972, inclusive, are non - callable, except through
application of the proceeds of insurance , as aforesaid .
Bonds numbered 2;,16 through 3187, inclusive, maturing February 1, 1998,
through February 1 , 2002 , inclusive, are subject to redemption at the
option of the Board in inverse numerical order on any interest payment date
subsequent to the date of the Bonds at par or face value plus accrued interest
to the date of redemption ; and (in corrmon with certain Bonds of Series A,
Series Band Series C which are similarly calla ole without premium) are
entitled to priority over outstanding Bonds of any Series before call for

I

redemption of Bonds of any Series which are at the time callable for redempt ion at a premium .
Bonds numbered 387 through 2515 , inclusive , maturing February 1 , 1973,
through February 1, 1997, inclusive, are subject to r edemption at the option
of the Board orior to the stated maturities thereof, in whole or in part,
and in inverse numerical order , on any interest payment date after February 1,

1972, upon notice as hereinafter provided , at the principal amount thereof
plus accrued interest to the date of redemption and a premium for each Bond
redeemed prior to its stated maturity according to the following schedule :

I

3%

if redeemed August 1, 1972, through February 1, 1977 , inclusive

2-1/2%

if redeemed August

2%

if redeemed August 1, 1982, through February 1, 1987, inclusive

1-1/2%

if redeemed August 1, 1987, through February 1, 1992, inclusive

1%

if redeemed after February 1, 1992 .

1, 1977, through February 1, 1982, inclusive

If the Board at its option undertakes to redeem outstanding Bonds in
advance of scheduled maturity, it is agreed and understood (1) that, except
for the redemption of Series C and Series D Bonds with surplus funds in 'their
respective Construction Accounts, calls of Bonds will be applied to each
Series of Bonds on an equal pro rata basis (reflecting the proportion of the
original amount of each Series of Bonds outstanding at the time of such call)

�and (2) calls of Bonds for each Series of Bonds will be in accordance wit h
the call provisions of the respe ctive Bond Series; provided, however , as
aforesaid , the Board shall have the right to call, subject to the call
provisions of the respective Bond Series, any or all outstanding Bonds
which may be called at par prior to calling any Bonds that are callable
at a premium.
Notice of any such intended redemption, identifying the Bonds to

I

be redeemed, will be on file at the office of the Trustee at least thirty
days prior to the snecified redemotion date , and such notice shall be
published at least once not less than thirty days prior to said red~ption
date in a financial newspaper or journal of general circulation published
in the English language in the Ci~y of New York, New York .

Any Bonds

called for redemption and for the payment of which funds are on deposit
with said Trustee on the specif ied redemption date shall cease to bear
interest on said redemption date .
This Bond shall pass by delivery unless registered as to prj ncipal
on the books of said Board of Regents at the office of the Trus tee under
the Indenture, and such registration noted hereon, after which no valid
transfer hereof shall be effective unless made on said books and similarly

I

endorsed hereon at the written request of the registered holder or his
duly authorized representative , but this Bond may be discharged from registrati on by being in like manner registered to bearer whereuoon full
negotiability and transferability by delive ry shall be restored but may
again from time to time be registered as aforesaid .

Such registration

shall not affect the negotiability of the interest coupons which shall
always remain payable to bearer and transferable by delivery merely .

The

Board of Regenvs and the Trustee may deem and treat the bearer of this
Bond , if not registered as to pri ncipal, and the bearer of any coupon
hereto appertaining, whether or not this Bond be so registered, or if this
Bond be ''egistered as herein authorized, the person in whose name the
same is registered, as the absolute owner for the purpose of receiving
payment and for all other nurposcs .
A statutory mortgage lien, which is hereby recogni zed as valid
and binding on the buildings of said Housing System, those portions of
the sites physically occupied therebv, and all necessary appurtenances,
including adequate provision for ingress, egress and the rendering of
necessary services , is created and granted to and in favor of the holder

I

�or holders of this Bond and the issue of which it is a part, and in favor
of the holder or holders of the couoons attached thereto, and said
Housing System shall remain subject to such statutory mortgage lien until
the payment in fiill of the principal of and interest on this Bond and the
issue of which it is a par t ; pr ovided, however , that as to a certain dormi -

I

tory known as O'Donnell Hall , only, said l ien is acknowledged to be subordinate and inferior to a similar s~atuto r y mortgage lien previously created
for the security and protection of certain "Dormitory Bonds of 1957 , 11 of
which only $122,000 remain outstanding as of the date hereof .
This Bond shall not be valid or become obligatory for any purpose, or
be entitled to any security or benefit under the I ndenture , until it shall
have been authenticated by the execution by the Trustee of the certificate
hereon endorsed .
It i s hereby cer tifie d , r ecited and declared that all acts, conditions
and things required to exist , to hanoen , and to be performed pr ecedent t o
and in the issuance of this Bond do exist, have happened, and have been performed in due time , form and manner as required by l aw, and that the amount

I

of this Bond, together with all other obligations of said Board of Regents
and of said Eastern Kentucky State College , does not violate any pr ovision
or exceed any limit prescribed by the Constitution or Statutes of Kentucky ;
that said Housing System will be continuously operated , and that a
sufficient portion of the gross income and revenues therefrom has been
pledged to and will be set aside into said Bond and Interest Sinking Fund
(after pr ovision is first made from the inccrne and revenues of said dormi tory known as O'Donnell Hall , for requirements of the outstanding "Dormi tory Bonds of 1957 ," above

1·

eferred to) for the payment of the principal of

and interest on this Bond and the is.ue of which it is a part and any other
Bonds which may hereafter be issued and outstanding , which by their terms
are payable from said identified special fund , as the same will respectively
become due .

I

IN Tr.SrIMONY WHEREOF, the Board of Regents of Eastern Kentucky State
College, at Richmond , Kentucky, has caused this Bond to be executed in its
name and behalf by the authorized facsimile of the s ignature of its Chairman,
and ha s caused the authorized facsimile of its corporate seal to be imprinted
hereon, attested by the manual signature of its Secr etary; and has caused
the coupons hereto a~tached to be executed with the authorized fa csimile
si gnature s of said Chairman and Secretary; all being done as if the firs t
day of February, 1962.

�BOARD OF REGEN LS OF
EASTERN KENTIJCKY STATE COLLE,GE
By

(Facsimile)
--~---:,----'------Chairman

(FACSIMILE
OF
SEA.L)
ATTEST :

I

(Manual Signature)

--~--(FORM OF COUPON)

Number

$

-------

------

-llUnless the Bond to which this coupon is appurtenant shall have
been called for redemption and funds for the payment thereof are duly
provided , ➔*

on the first day of ________, 19_, the Board of Regents

of Eastern Kentucky State College, at Richmond, Aentucky, will pay to
bearer

--------Dollars ($----- )

in any coin or currency which

at said date of payment is legal trnder for the payment of debts due the
United States of America, out of its "Housing System Revenue Bonds of

1962 Bond and Inter est Sinking Fund Account ," at the princioal office of
State Bank and Trust Company of Richmorrl , Kentucky, in the City of Richmond, Kentucky, or at the option of the holder hereof, at the pr incipal
office of Chemical Bank New York Trust Company,in the Borough of Manhattan,

I

City of New York, State of New York, as provided in and for interest
then due on its Housing System Revenue Bond of 1962, Series D, dated as
of February 1, 1962, Number
BOARD OF REGENTS OF
EASTERN KENTUCKY STATE COLLEGE
By

(Facsimile)
---=,---:,----------Ch airman

ATTEST:
(Facsimile)
Secretary
(FORM OF AUTHENTICATION CERTIFICATE)
This Bond is one of the Bonds described or pr ovided for in the
within -mentioned Indenture .
STATE BANK AND TRUST COMPANY
OF RICHMONJ, KENTUCKY,Trustee
By
(Manual Signature )
___A
_u_t_h_o_r....,i,....z-e~d-O_f,..,f"""i_c__e_r_ _

I

�(FCRM OF REGISTRATION TO BE PRINTED ON BACK OF EACH BOND)

I

Signa ture of Authorized
Officer of Trustee

Name of

Date of
Registration

Registered Holder

AND WHEREAS , the fully registered Bond or Borns without coupons issu-

able hereunder shall be in substantially the form set forth below (with
appropriate insertions end changes therein as to principal amounts , dates ,
dates of maturity of principal installments , names of payees, and otherwise as
may be required in the event that only certain maturities of the Borns shall
have been purchased by the Government of tre United States and/or by any
other pu~chaser or purchasers) , to - wit :
(FORM OF FULLY REGISTERED BCND)
UNITED STATES OF AMERICA
COMMONWEAL'IH OF KENTUCKY
EASTERN KENTUCKY STATE COLLE.GE

I

HOUSING SYSTEM REVENUE BOND OF 1962
SERIES D
$_ _ _ _ _

No . R-1

The Board of Regents of Eastern Kentucky State College , at Richmond ,
Kentucky, a public body corporate and an educational agency and instrumentality
of the Commonwealth of Kentucky, (hereinafter called the "Borrower"), for
value received, hereby promises to pay, solely from the special fund pro vided therefor , as hereinafter set forth , to {the UNITED STATES OF AMERICA,
HOUSING AND HOME FINANCE ADMINISTRATOR, or his successor (herein sanetimes
called the "Payee ") , or his r egistered assigns(herein sometimes called the

1/
"Alternate Payee" )7 the principal sum of ___ _ _ __ _ _ Dollars
($

- - - - - -),

on the first day of February in years and installments

as follows :

I

YEAR

PRINCIPAL AMOO NT

YEAR

PRINCIPAL AMOJNT

in such coin or currency of the United States of America as at the time
of payment shall be legal tender for the payment of debts due the United
States of America, and in like manner solely from said special fund to pay
interest on the balance of said principal sum from time to time remaining
!/This designation to be used where bonds have been awarded to the Government .

�unpaid, in like coin or currency, at the rate of ____%per annum,
semiannual}y , on February 1 arrl August 1 of each year , commencing on
August 1, 1962, until the principal amount hereof has been paid .

During

the time the Payee is the registered owner of this Bond payment of the
principal installments and interest due shall be made at the Federal
Reserve Bank of Richmond, Richmond, Virginia , or such other fiscal agent
as the Payee shall designate (herein called the "Fiscal Agent '' ) .

During

I

such time as an Alternate Payee is the registered owner hereof , said
payments shall be made at the principal office of State Bank and Trust
Company of Richmond , Kentucky, the Trustee under the Indenture , herein after mentioned , pursuant to which this Bond is issued, in the City of
Richmond, Kentucky, or its successor as such Trustee, or, at the option of
the Alternate Payee, at the principal office of Chemical Bank New York
Trust Company, in the Borough of Manhattan, City and State of New York
(herein called the "Alternate Paying Agent").

Payments of principal and

interest, including prepayments of installments of principal as hereinafter
provided, shall oe noted on the Payment Record made a part of this Bond
and if payment is made at the office of the Fiscal Agent or Alternate
Paying Agen t, written notice of the making of such notations shall be

I

promptly sent to the Borrower at the office of the Trustee , and such
payment shall fully discharge the obligation of the Borrower hereon to
the extent of the payments so made .

Upon final payment of principal an:i

interest this Bond shall be submitted to the Trustee for cancellation and
surrender to the Borrower .
This Bond is one of a duly authorized issue of Bonds now in the
aggregate principal amount of $8,855,ouo, consisting of Series A Borris
in the aggregate principal amount of $393 ,000, Series B Bonds in the
aggregate principal amount of ~1 , 900,000 , Series C Bonds in the aggregate
principal amount of $3,375 ,000 , and Series D Borris in the aggregate principal amount of $3 , 187,000, all of said rlonds being of the same tenor and
effect (except for numbers, denominations, maturity dates , series designations, provisions with respect to redemption prior to ~aturity , and
possible variation in interest rates), issued for financing and refinancing the costs, not otherwise provided, of the Housing System of said
Eastern Kentucky State College , consisting of (a) initially, certain
student housing facilities existing on the campus of said Colle~ in
Richmond, Madison County, Kentucky, as particularly identified in the

I

�Trust Indenture hereinafter referred to , (b) a new donnitory to house approximately 416 women students , with three supervisors ' apartments; a new dormitory to house approximately 238 men students , with a super visor ' s apartment
ar:d two faculty apartments; and a new apartment building to house approximately

I

8 faculty families ; all with necessary appurtenant facilities (r eferred to as
"Project 62(D) " ), presently under construction on the campus of said College ,
and to be financed through application of the proceeds of the Series D Bonds ,
as supplemented by other available funds , (c) any other housing facilities or
related auxiliary facilities , including, inter alia , dining facilities ,
which may be added to t he said Housing Systan at future dates in accordance
with the conditions and restrictions provided in connection with the permissive issuance of parity bonds , and (d) any such facilities as may be
added to the Housing System as additional security for the Bonds (herei nafter
some ti mes referred to as the "Housing System II or the "System" ) , under and in
full comnliance with the Constitution and Statutes of the Commonwealth of
Kentucky, including, among others, Sections 162. 350 to 162. 380, inclusive, of

I

the Kentucky Revis ed Statutes , now in full force and effect.
All of said Bonds are issued under and pursuant to a Trust Indenture
(said Indenture , together with all indentures supplemental thereto as therein
pennitted , being hereinafter called the "Indenture"), of even date herewith ,
executed by and between said Board of Regents and State Bank and Trust Comnany
of Richmond , Kentucky, as Trustee (said Trustee and any successor Trustee
under said Indenture being herein called the "Trustee"), an executed counterpar t of which is on file at the office of said Trustee i n the City of Richmond,
Kentucky .

Refer ence is hereby made to the Indenture for a more specific

identification of the Housing System and of Project 62(D) and for the provisions, among others , with respect to the custody and the application of
the proceeds of the Bonds; the collection and disposition of the revenues;
the fund charged with and pledged to the payment of the interest on and the

I

principal of said Bonds; the nature and extent of the security; the reserved
right of the Board to issue in the future certain additional Bonds which will
rank on a basis of parity as to secur1ty and source of payment with the Bonds
initially authori zed, subject to conditions and r estrictions which are
specifically set forth in the Indenture; the rights, duties and obligations
of said Board of Re gents and of the Trustee ; and the rights and l imitation
of rights of the holders of the Bonds; and , by the acceptance of this Bond ,

�the holder her eof assents to all of the pr ovisions of said Indenture.
The hol d er of this Bond shall have no righ t to enforce the pr ovisions of the Indentu.:-e or to institute action to enforce the covenarts
ther ein, or to take any action with respect to any default under the
Indenture , or to inst itute, appear in or defend any suit or other pro ceedings with respect thereto , except as provided in the Indenture .

The

Indenture provides for fixing, charging and collecting rentals and other

I

charges for the use of said Housin g System, which rents and charges will
be sufficient to pay the princinal of and the interest on said Bonds as
the same become due , and to provide r eserves for such purposes and also
to pay the cost of maintenance, operation and repair of the said Housing
System .

The I ndenture provides for the creation of a soecial fund

designated "Housing System Revenue Bonds of 1962 Bond and Interest Sinking Fund Account" (herE;in called the "Bond and Interest Sinking Fund"),
and for the deposit to the credit of said Bond and Inter est Sinking Fund
of a fixed amount of the gross income and revenues of said Housing
System suffi cient (after first making provision, in the case of a certain
dormitory known as O' Donnell Hall, only, for a prior lien upon and pl edge
of revenues thereof, previously created for the security and source of

I

payment of certain "Dormitory Bonds of 1957 ", of which only $122, 000
remain outstanding and unoaid as of the date hereof) to pay the principal
of and the interest on the Bonds as the same become due, and to provide
a reser ve for such purpose , which Bond and Interest Sinking Fund is pledged
to and charged with the payment of said principal and interest .
As pr ovided in the Indenture, this Bond is exchangeable at the sole
expense of the Borrower at any time , upon ninety days ' notice, at the
request of the registered owner hereof and upon surrender of this Bond to
the Borrower at the office of the Trustee in the City of Richmond,
Kentucky , for negotiable coupon bonds, payable to bear er, registrable as
to principal only, of the denomination of One Thousand Dollar s ($1 , 000)
each , in an aggregate principal amount equal to the unpaid principal
amount of this Bond, and in the form of such coupon Bond as provided for
in the Indent ure .
PREPAYMENT PROVISIONS
[There shal l here be inser ted, in the case of Series D Bonds
issued in full y registe red form, the general redemption provisions
applicable in common to Series A, Series B, Series C, and Series D,

I

�together with the redemption provisfons specifically applicable in
the case of Series D, comparable to the REDEMPTION PROVISIONS
set forth in the FORM OF COUPON BOND hereinabove set forth; with
proper adaptations of wording to refer to prepayment rather than
redemption, and to installments of principal instead of Bonds of

I

$1, 000 denomination; provided , however, that the provisions for

giving notice of redemption or prepayment shall be as set forth
below:?
Notice of any such optional prepayment shall be given at least thirty
days prior to the prepayment date by mailing to the registered owner of
this Bond a notice fixing such prepayment date, the amount of pri ncipal and
the premium, if any, to be prepaid .
A statutory mortgage lien, which is hereby recognized as valid and
binding on the buildings of said Housing System, those portions of the sites
physically occupied thereby, and all necessary appurtenances, including
adequate orovision for ingress, egres s and the rendering of necessw:-y services, is created and granted to and in favor of the holder or holders of

I

this Bond and the issue of which it is a part, and in favor of the holder
or holders of the coupons attached thereto, and said Housing System shall
remain subject to such statutory mortgage lien until the payment in full of
the principal of and interest on th1s Bond and tlle issue of which it is a
part; provided , however, that as to a certain dormitory known as O' Donnell
Hall, only, said lien is acknowledged to be subordinate and inferior to a
similar statutory mortgage lien previously created for the security and
protection of certain "Dormitory Bonds of 1957 , 11 of which only :Sl22, 000
remain outstanding as of the date h ereof .
This Bond may be assigned and noon such assignment the assignor shall
promptly notify the Borrower at the office of the Trustee by registered
mail, and the Alternate Payee shall surrender the same to the Trustee either
in exchange for a new fully registered Bond or for transfer on the regis-

I

tration records and verification of the endorsements made on the Payment
Record attached hereto of the portion of the principal amount hereof and
interest hereon paid or prepaid , and every such assignee shall take this
Bond subject to such condition .
In case any event of default, as defined in the Indenture , shall occur,
the principal of this Bond may be declared or may become due and oayable in
the manner and with the effect provided in the Indenture .

�No recourse shall be had for the payment of the principal of or
interest on this Bond against any officer, director , trustee, or member
of the Borr ower, as such, all such liability (if any) being hereb1
expressly waived and r eleased by every registered holder or transferee
hereof by the acceptance hereof , and as a part of the consideration
hereof , as provided in the Indenture .
It is hereby certified, recited and declared that all acts , condi-

I

tions and things required to exist, to haopen, and to be performed pre cedent t.o and in the issuance of this Bond do exist, have haopened, and
have been performed in due time , fonn and manner as required by law,
and that the amount of this Bond, to gether with all other obligations of
said Board of Regents and of saio Eastern Kentucky State College, does
not violate any pr ovision or exceed any ljmit prescribed by the Constitution or Statutes of Kentucky; that said Housing System will be continuously operated , and that a suff icient por tion of the gross income and
revenues therefrom has been pledged to and will be set a s ide into said
Bond and Interest Sinking Fund (after provision is first made from the
income and revenues of said dormitory known as O' Donnell

Hall , for r equire-

ments of the out standing "Dormitory Bonds of 1957," above referred to)

I

for the payment of the principal of and interest on this Bond and the issue
of which it is a part and any other Bonds which may her eafter be issue d
and outstanding, which by their terms are payable from said identified
special fund , as the same wilJ respectively become due .
This Bond shall not be entitled to any benefit under the Indenture
or be valid or become obligatory unless it shall have been authenticated
by the Trustee , or its successor i n the trust, by completing the Cer tificate of Trustee appearing hereon .
IN WITNESS WHEREOF, the Borr ower has caused this Bond t o be executed
in its name by the authorized facsimj_le of the signature of its Chairman,
and has caused the authorized facsimile of its corporate seal to be
imprinted hereon, attested by the manual signature of its Secretary, all
as of the first day of February, 1962 .
BOARD OF REGENTS OF
EASTERN KENTUCKY STATE COLLl:-oGE
(FACSIMILE
OF
SEAL)
ATTEST:
(Manua l Signature)
Secretary

By - ---,::Cc:(Facsimile)
h-a"'i_r_
"' m_a_n_______

I

�(FOID-' OF TRUSTEE 1 S CLRTIFICATE)
CERTIFICATE OF TRCSTEE
This Bond is the

/al

Fully Registered Bond as described in the within-

mentioned Indenture .
STATE BANK AND TRUST COMPANY
OF RICHMOND, KENTUCKY, Trustee

I

By_ _ _(.:.;.M.:...a_n...;.u_a_l__::_S_ign~a.,,..t~u_r_e...:.)_ _
Authorized Officer
(FORM OF ASSIGNMENT)
Without representation, warranty or recourse, the within Bond is hereby
assigned unto

---------------------this- - - -day
of
---------Witness
Payee
PAYMENT RECORD

Due Date

Principal
Payment

Principal Interest
Balance
Payment
Due
(
%)

Date Paid

Name of Paying
Agent Authorized
Official &amp; Title

I
(enter
(enter
(leave
dates
amounts) blank)
for principal and
Interest)

(leave
blank)

(leave
blank )

(80 due dates - leave one-half inch space between each due date, etc.
for manual interlining, if necessary; also half a page at end for any
explanation which might be required)
SCHEDU LL

!I

AII

(This should be separate sheet)
Pri ncipal installments on which payments have been made prior to maturity

I

Principal Due
Date

Principal
Payment

Balance

Date
Paid

Name of Paying Arent
Authorized Official
and Title

Amount

AND WHEREAS , the Board has duly authorized the i ssuance of t he Bonds
and the exe rution and delivery of th .;.s Supplemental Trust Indenture , and
all other acts and things necess~ry or required by the Laws of the Commonwealth
of Kentucky or otherwise to make the Bonds , when duly executed on behalf of
the Board and authenticated by the

1'rustee

and issued , valid and binding

�-

3 70

legal obligations of the Board in accordance with their terms and to
make this Supplemental Trust Indenture a valid and binding Indenture
for the security of the Bon ds, according to the import hereof, have been
duly done and performed ;
NOW, THEREFORE, this Indenture wi tnesseth ;
That in consideration of the premises, of the acceptance by the
Trustee of the Trust hereby created , and of the purchase and acceptance

I

of the Series D Bonds by the holders thereof , and also for and in consideration of the sum of One Dollar ($1 .00) to the Board in hand paid
by the Trustee at or before the execution and delivery of this Indenture ,
the r eceipt of which is hereby acknowledged, and for the purpose of
fixing and declaring the terms and conditions upon which the Seri es D
Bond and interest coupons are to be and may be issued, authenticated,
delivered , secured and accepted oy all persons who shall from time to
time be or become holder s thereof, and in order to secure the payment of
all the Bonds of all SeriEs at any time issued and outstanding hereundEr ,
and the interest thereon according to their tenor , purport, and effect,

and in order to secure the performance and observance of all of the
covenants, agreements , and conditions therein and herein contained , the

I

Board has pledged and does hereb ~ pledge the revenues of the Housing
System (subject, as aforesaid , t o the prior pledge as to O' Donnell Hall
only) , and the revenues of the buildini~ s and facilities of said Project
62(D) , hereinafter constituted parts of said Housing System, as security
for the payment of the Bonds arrl the interest thereon to the extent provided in this Indenture; and it is mutually agreed and covenanted by and
between the parties hereto, for the equal and proportionate benefit and
security of all and singular the present and future holders of the Bonds
and interest coupons issued and to be issued under this Indenture , ~ithout preference, priority , or distinction as to lien or otherwise, except
as otherwise herein provided, of any one Bond over any other Bond by
reason of priority in the issue, sale or negotiation thereof or otherwise ,
as follows :
ARTICLE ONE
DEFINITION OF TERMS
Section 1 . 01 .

In each and every place in the pr eamble of this

Indenture where certain terms , parties, and Bonds are parenthetically

I

�-

371

identified and in and throughout t'1is Indenture wherein the following terms ,
or any of them, are used , the same, unless the context shall indicate
another or different meaning or intent shall be construed , are used, and
are intended to have meanings and to be inclusive , as follows :

I

I

(a)

"College " -- Eastern Kentucky State College , situated in Richmond ,
Madison County, Kentucky.

(b)

"Board " -- The Board of Regents of Eastern Kentucky State College .

(c)

"Trustee" -- The Trus tee named and identified in the Trust
Indenture, and herein , a banking corpor ation or association
cr eated under and existing by virtue of the laws of the Commonwealth of Kentucky , having proper trust powers , and having its
principal office and place of business in the City of Richmond ,
County of Madison , Kentucky, or a ny successor Trustee designated
pursuant to the provisions of this Indenture .

(d)

"Trust Indenture" -- The Trust Indenture executed by the Board
and the Trustee under date of February 1, 1962 , oursuant to
which the Housing System was established, and the Series A,
Series B, and Series C Bonds were issued .

(e)

"Borrls 11 - - Series A, Series B, Series C, and Seri es D Bonds ,
issued pursuant to the orovisions of the Trust Indenture and
this Supplemental Trust Indenture (and also , as applicable
in context, any parity Bonds which may be issued in the future
according to the provisions and subject to the restrictions
prescribed in that connection) .

(f)

"Revenue Fund" -- the "Housing System Revenue Borrls of 1962
Revenue Fund Account ," as created in the Tr ust Indenture .

(g )

"System Repair and Replacement Reserve" -- The "Eastern
Kentucky State College Housing Systen Revenue Bonds of 1962
Repair and Replacement Re serve Ac count , 11 as created in the
Trust Indenture .

(h)

"Borrl and InterPst Sinking Fund " -- the "Housing System Revenue
Bonds of 1962 Bond and Interest Sinking F'und Account , 11 as
created in the Trust Indenture .

(i)

"Construction Fund" -- the special fund or account created in
this Supplemental Trust Indenture , into which provision is
made for the deposit of the proceeds of the Series D Bonds
(exclusive of accrued interest received from the purchaser or
purchasers, and such amount as is provided to be seG aside for
interest accruing during the anticioateu construction per iod) ,
together with other available funds to pay the costs of Project
"62 (D) 11 he rein de fined •

(j)

"Project 62(D) 11 - - a project currently under construction under
HHFA Project CH -Ky- 62(D) , consisting of a new dormitory to
house approximately 446 women students, with thr ee supervisor s •
apartments; a new dormitory to house approximately 238 men
students , with a super visor ' s apartment and two faculty apartments ; and a new apartment building to house approximately 8
faculty families ; all with necessary appurtenant facilities ; arrl
situated upon lands whi ch are parts of the campus of Eastern
Kentucky State College at Richmond, Kentucky .

(k)

"Housing System" or "System" -- the "Eastern Kentucky State
College Housing System II created and more particularly identi f i ed in ARTICLE SEVEN of the Trust Indenture comprising , in
general terms, (1) certain identified existing housing facilities
on the campus of said College , (2) the housing facilities comprising 0 roject 62(D) , as above defined and which may be added to in
the future by including therein (3) any other housing facilities
or r elated auxiliary facilities including, inter alia, dining
facilities which may be so added at future dates : (i) in accordance

I

�with the provisions set forth in ARTICLE SEVEN relative to the
issuance of additional parity bonds, or (ii) as additional
security for the Bonds .
(1)

"Chairman 11 - - the Chairman and each and every Vice Chairman
and each and every other officer of the Board authorized to
exercise the powers and authority reposed in the Chairman of
the Board .

(m)

"Secretary" -- the Secretary and each and every Assistant
Secretary and each and every other officer of the Board
authorized to exercise the powers and authority reposed in
the Secretary of the Board .

(n)

"Treasurer" - - the Treasurer and each and every Assistant
Treasurer and each and every other officer of the Board
authorized to exercise the nowers and authority reposed in
the Treasurer of the Board .

(o )

"Architect" or "Engineer" -- any licensed architect or engi neer appointed oy the Board, including any other architect
or engineer in the employ of the Board or of the College and
so appointed .

(p)

"Fiscal Year 11 - - shall mean the 12-months period beginning
July 1, and ending the following June 30, inclusive .

Section 1.02.

I

Words of the masculine gender shall be deemed and

construed to include correlative words of the feminine and neuter genders .
Section 1.03.

The words "Bond," "owner," "holder," and "person"

shall include the plural as well as the singular number unless the context shall otherwise indicate .

The term "Bondholders" means and contemplates,

I

unless the context otherwise indicates, the holders of the Bonds at the
time issued and outstanding hereunder.

Each of the words "person" arrl

"corpora ti on II shall include the other, unless the context shall otherwise
Lndicate .
Section 1 . 04 .

Whenever in this Supplemental Trust Indenture it is

provided that any facts or opinion be evidenced to the Trustee by means
of a certificate, statement, opinion, or other document, it shall constitute compliance herewith if the various facts and/or opinions

intended

so to be evidenced to the Trustee be included in different certificates,
statements , opinions, or other .documents signed by the same person or
different persons of the same qualifications .
ARTICLE TWO
GENERAL PROVISIONS R"RG1tRDING EXECUTION,
AUTHENTICATI:)N AND REGISTRATION OF BONDS
Secti on 2. 01.

Save as is herein pro vided in respect of mutilated,

lost, destroyed or stolen Bonds , (and Counon Bonds issued in exchange for
Bonds issued in fully regist ered form, as hereinafter authorized), Series
D Bonds may be i ssued hereunder to the aggregate principal amount of no

I

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3 13

more than Thr ee Million One Hundred Eighty- Seven Thousand Dollars ($3 , 187 , 000) ;
but the Board expressly reserves the right to issue additional Bonds payable
from revenues of the aforesaid Housing System, subject to the conditions and
restrictions specifically set forth in the Trust I ndenture .

The Series D

Bonds shall be issued as coupon Bonds in the denomination of One Thous and

I

Dollars ($1 , 000 ) each, registrable as to principal only, or as one or more
full y r egistered Bonds , in form or for ms substantially as hereinabove set
forth .

The principal of each Bond and the interest thereon shall be pay-

able at the office of the Trustee hereinbefore named and identified , or of
its successors in trust under this Indenture , or , at the option of the
holder , at the princioal office of the hereinbefore identified alternative
paying agent, in the City of New York, New York , in such coin or currency
of the United States of America as at the time of payment shall be legal
tender for the oayment of dents due the United States of Amer ica.

The Bonds

and the interest coupons appertainmg thereto shall be respect ively substantially in the forms hereinbefore s et forth, with such omissions , variations
and inser tions as a r e required or oermitted by the terms of the Trust

I

Indenture and this Supplemental Trust lndenture to evidence the terms thereof .
Section 2.02 .

The Series D Bonds shall bear interest at an average of

no more than 3- 3/8% per annum , such rate or rates applicable to the Series
D Bonds to be established upon the basis of competition among bidd ers when
said Bonds are sold at an advertised, public , competitive sale, as herein
provided .

All such interest to the respective maturity dates of pri ncipal

of Bonds issued in Coupon Form shall be evidenced by coupons attached to
the Bonds , payable seminan~ually on each Februar y 1 and August 1, beginning
August 1 , 1962 ; but any coupons past due at the time of delivery may either
not be manufactured, or, if manufactured, detached and destroyed prior to
delivery .

Subject to the reserved rights of redemption of the Series D

Bonds , which are i s sued in the form of Coupon Bond.s, and principal installments of Bonds issued in fully registered form , prior to maturity as provided

I

in each of tile above authorized FORMS OF BONDS, in ARTICLE THREE of thi s
Supplemental Trust I ndentur e , said Coupon Bonds of Series D shall be number ed
and mature as to principal on February 1 of the respective years , in
accordance with the followi ng schedule , which, in the columns identified as
"Principal Amount " and "Date of Maturity" also represent the amounts and
matur ity dates of installments of principal of such Series D Bonds as may
be issued in fully registered form:

�-·

37-i

SCHEDULE OF PRINCIPAL MAI'URITIFS
SERIES D BONDS
PRTNCIPAL AMO!lNT

BONDS NUMBERLD
(Inclusive )

$45, 000
45, 000
45, 000
45, 000
50, 000
so,ooo
so , ooo
56, ooo
56, 000
56, 000
61, 000
61, 000
61, 000
67 , 000
67 , 0JO
67,000
74, ooo
74,000
79, 000

1-45
46 - 90
91-135
136-180
181- 230
231- 280
281-330
331- 386
387-442
443- 498
499- 559
560- 620
621- 681
682- 748
749- 815
816- 882
883-956
957-1030
1031-1109
1110-1188
1189-1273
1274-1358
1359-1448
1449-1538
1539-1634
1635- 1730
1731-1833
1834-1936
1937- 2046
2047- 2156
2157 -2273
2274- 2390
2391- 2515
2516- 2640
2641- 2772
2773- 2904
2905-3042
3043- 3187

79 , 000

85, 000

85,ooo
90, 000
90, 000
96, ooo

96,ooo

103, 000
103, 000
110, 000
110, 000
117, 000
117 , 000
125,000
125, 000
132, 000
132, 000
138,000
145, 000

Section 2. 03 .

DATE OF MATURITY
February
February
February
February
February
February
Februar y
Fe truary
February
February
Febr uary
February
February
February
February
February
February
February
February
February
February
Februa:ry
February
February
February
Februa :ry
February
February
February
February
February
February
February
February
February
February
February
February

1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,
1,

1965
1966
1967
1968
1969
1970
1971
1972
1973
1974
1975
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002

I

I

The Series D Bonds shall be offered for sale by the

Board, without the intervention of the Trustee , at such time or times as
the Board may direct upon the basis of a notice published by the Board
one time in a newspaper of state-wide general circulation in the Cormnonwealth of Kentucky, and one time in The Bond Buyer, a financial journal
published in New York, New York, and of general circulation among bond
b~yer s throughout the United States of America, and upon the basis of
sealed competitive bids which shall be opened, considered and acted upon
by the Bo,.rd.

Such notice in each case shall be published not less

than seven (7) days nor more than twenty-one days in advance of the
date set forth ther ein for the opening and consideration of purch ase bids.
The Series D Bonds shall at one time or from time to time be executed
on behalf of the Board by the repr o•juced facsimile of the signature of its

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�'·

Chairman and a facsimile reprodu ction of the corporate seal shall oe imprinted
thereon , at.tested by the manual signature of its Secretary; and the interest
coupons appurtenant to any Bonds issued in Coupon Fonn shall be executed
by the reproduced facsimile signatures of the Chairman and Secretar y .

The

Bonds shall then be delivered to the Trustee for authentication by it; and

I

thereupon the Trustee shall, upon receipt by the Trustee of evidence satisfactory to the Trustee of the proper execution of this Supplemental Trust
I ndenture , authenticate said Bonds , and deliver the same to such officer or
offi cers of the Board as may be designated to the Trustee .

Such officer or

officers shall make deliver y of said Series D Bonds to the purchaser or
purchasers , but only upon payment of the stated nurchase nrice or prices,
which shall immediately be deposited to the cr edit of the special funds or
accounts , as hereinafter provided .
Only Bonds as shall bear thereon endorsed a certification of
authentication substantially in substantially the form hereinbefore recited ,
executed on behalf of the Trustee by its authorized officer shall be
secured by the Trust ~ndenture and this Su~plemental Trust Indenture or be

I

entitled to any r ight or benefit hereunder .

The authentication by the

Trustee upon any Bond shall be conclusive evidence and the only evidence
that the Bond so authenticated has been duly issued hereunder and that the
holder thereof is entitled to the benefit of this Indenture .
All of the provisions of' Sections 2. 04 to 2. 09, inclusive , of ARTICLE
TWO of the Trust Indenture are recogni zed as being applicable to the Series
D Bonds .
ARTICLE THREE
REDEMPTION OF BONDS AND PREPAYMENT OF
PRINCIPAL INSTALLMENTS
Section 3. 01 .

The Board hereby reserves the right to call and redeem

all coupon Bonds of Series D numbered 387 to 3187 , inclusive , and to prepay

I

the corresponding installments of principal of full y registered Bonds , all
upon the common aggregate and mutually inclusive terms and provisions which
ar e par ticularly set i·orth in the "FORM OF COUPON BOND" which appears in the
preamble of this Indenture .
All other provisions of ARTICLE THREE of the Trust Indenture are
recognized as being applicable to the Series D Bonds .
ARTICLE FOUR

�DISPOSITION AND CUSTODY OF INCOMt AND ~EVENUES OF
PROJ ECT 62(D) AND OF IBE SYSTEM
Section 4 . 01 .

It is hereinafter provided that as soon as any of

the Series D Bonds are sold and delivered all of the buildings and
facilities cons tituting Project 62(D), as herein defined, shall be and
become and thereafter continually constitute parts of the "Eastern Kentucky
State College Housing System," and all rentals , charges, income and

I

revenue arising from the operation or ownership of the buildings and
facilities constituting said Project 62(D) shall constitute rentals,
charges , income and revenue arising from the operation and ownership of
said Housing System, and shall oe deposited to the credit of the Revenue
Fund as provided in Section 4 . 01 of the Trust Indenture .
Section 4 . 02 .

The Board hereby represents and confirms that the

Bond and Interest Sinking Fund, created and provided for in Section 4 . 02
of the Trust Indenture has been duly created and established upon the
books of the Trustee to the credit of the Board ; and that all transfers
to said Bond and Interest Sinking Fund, and all deposits required by the
terms and provisions of the Trust Indenture to have been made from the
Revenue Fund into the Bond and Interest Sinking Fund, have been made in

I

the prescribed amounts and at the prescrioed times .
As prescribed by the terms and provisions of Section 7 . 04 of the
Trust Indenture in connection with the issuance of the Series D Bonds
as parity Bonds, the Board covenants and agrees th at when the Series D
Bonds, or any of them, are sold and delivered :
(1) There will be deposited in the Bond and Interest Sinking Fund
the accrued interest, if any , received at the time of the sale and
delivery of such Series D Bonds, together with such further sums from
the Series D Bond proceeds oeoosited in the Construction Fund or f r om
other sources as will cause the total so deposited to be equal to all
interest maturing on said Series D Bonds until Project 62(D) becomes
revenue - producing .
(2) Commencing with the Janua ry 1 or July 1 next following the date
of delivery of the Series D Bonds , or any of them, the Board will
adjust the amounts required to be transferred from the Revenue Fund
and deposited to the cr&amp;dit of the Bond and Interest Sinking Fund on
or before each succeeding January 1 and July 1 , as provided in paragraph
(4) of Section 4. 02 of ARTICLE FOUR of the Trust Indenture, so that
such semiannual deposits will represent:
(a) an amount which , together with such sums as may then be
available in said Bond and Interest Sinking Fund, shall be equal
to the next succeeding interest payment to become due on all then
outstanding BJnds ;
(b) an amount which shall be equal to one-half (1/2 ) of the
principal amount to become due during the next succeeding twelve
(12) months on all then outstanding Bonds ; and

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377

(c) an amount which shall be equal to twenty per cent (20%)
of the sum of (a) and (b) above and which shall constitute a Debt
Service Reserve and be continued so long as the funds and/or
investments in such Debt Service Reserve shall be less than an
amount sufficient to pay, during the next two ( 2) fiscal years , the
principal of and interest on al l then outstanding Bonds .
It is recognized and acknowledged that all of the terms and provisions

I

of Sections 4 . 03 , 4. 04 and 4 . 05, of ARTICLE FOOR of the Trust Indenture ,
continue to be annlicable to the Housing System as a whole , including the
buildings and facilities of the aforesaid Project 62(D) .
Section 4 . 06.

The terms and provisions of Section 4 . C6 of the Trust

Indenture are recognized and shall continue unchanged, except that in conformity with the provisions of Secti on 7 . 04 of the Trust Indenture the amounts
to be deposited annually in the Systems Repair and Replacement qeserve shall
be increa . ed from $42,000 . 00 to $65 , 000. 00, or such portion thereof as may
be available, and ~he amount to be accumulated and maintained therein
shall be increased from $420,000 . 00 to $650, 000 . 00 .
The provisions of Sections 4 . 07, 4 . 08, and 4 , 09 of ARTICLE FOUR of
the Trust Indenture shall continue to be applicable .

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ARTICLE FIVE
PARTICULAR COVENANTS OF THE BOARD
Section 5. 01 .

The Board covenants and agrees that it has the lawful

control of the sites of all the buildings, facilities , and appurtenances
of the Housing System, as the same is hereinafter enlarged and expanded to
include all of the buildings , fac ilities, and appurtenances of the afore said Project 62(D) , that said properties are free from any and all liens
and encumbrances (except, in the case of the dormi t ory for men known as
O' Donnell Hall, only, a prior statutory mortgage lien securing outstanding
"Dormitory Bonds of 1957" until the same are paid or fully provided for) ,
and that the Board will warrant and defend the title thereto against all
claims and demands whatsoever .

I

It is recognized that all of the terms and provisions of Sections
5 . 02 , 5 . 03 , 5. 04, 5 . 05 , 5. 06, 5 . 07, and 5. 08 of ARTICLE FIVE of the Trust
Indenture continue to be applicable .
Section 5 . 09 .

The Board covenants and agrees , upon completion of

Project 62(D) , to provide from sour ces other than the proceeds of the sale
of the Series D Bonds and from sources other than the funds pledged under
the Trust Indenture and hereunder, and in a manner which will not jeopardize

�the security of the Bonds, the furnishings and moveable equipment necessary
to the full enjoyment of the use and occu pancy of the buildings and
facilities of Project 62(D) as a oart of the Housing System.
It is recognized and acknowledged that the terms and provisions of
Sections 5 . 10 and 5 . 11 of the Trust Indenture continue to be applicable
and shall hereafter include the buildings, facilities, and appurtenances
constituting the aforesaid Project 62(D) as parts of the Housing System.

I

ARTICLE SIX
CUSTODY AND A?PLICATION OF SERIES D BONDS
PROCEEDS
Section 6 . 01.

A fund is hereby created and designated "Eastern

Kentucky State College Project 62(D) Housing Construction Fund " (herein
s ometimes called the

11

62(D) Construction Fund " ) , to the credit of which

there shall be deposited , as received, the proceeds of the Series D
Bonds (with the exception of accrued interest, if any, and interest dur ing the period of construction, which is required by Section 4 . 02

of

t he Trust Indenture and ~ection 4 . 02 hereof, to be deposited in the Bond
and Interest Sinking Fund . )

The moneys in the 62 (D) Construction Fund

I

shall be paid to the State Treasurer of the Commonwealth of Kentucky and
held in trust (with any supplemental funds provided from other sources)
and applied upon orders of the Board to the payment of the costs of
Project 62(D) in accordance with and subject to the provisions of ARTICLE
SIX of the Trust Indenture, and , pending such application, shall be subject
to a lien and charge in favor of the holders of the Series D Bonds and
shall be held for the further security of such holders until paid out as
provided in the Trust Indenture .
Section 6 . 02 .

The Board covenants and agrees that prior to the

issuance of any of the Series D Bonds it will deposit or cause to be
deposited in the 62(D) Construction Fund such sum (if necessary) from
sources other than bond proceeds , and from sources and in a manner that
will not jeopardize the security pledged to the payment of the principal
of and the interest on the Bonds , as will be sufficient, together with
the Series D Bond pr oceeds, to assure payment of all costs of constructing the aforesaid Project 62(D) .

I

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3 79

The terms and provisions of Sections 6.03, 6. 04, 6. 05, and 6. 06 of the
Trust Indenture continue and shall relate to the aforesaid Project 62(D)
in the same manner as the same are applicable to the

11

1962 Project" defined

and referred to in the Trust Indenture .
ARTICLE SEVEN

I

THE HOUSING SYSTEM; PARITY BONDS FOR FUTURE
ADDITIONS TO THE HOUSING SYSTEM
Section 7 . 01 .

The Board hereby represents and confims that in

accordance with the terms and orovisions of Section 7.01 of the Trust Indenture , i t has established and is continuously operating and maintaining the
Eastern Kentucky State College Housing System, comprising those buildings,
facilities, and appurtenances which are particularly enumerated and identified
in sub - paragraphs (1) to (7), inclusive, of Section 7. 01 of said Trust Inden ture .
In accordance with the terms and provisions of sub- paragraph (8) of
Section 7 . 01 of ARTICLE SEVEN of the Trust Indenture, the Board hereby
determines and declares that from and after the sale and delivery of the

I

Series D Bonds, or any Jf them , all of the buildings, facilities, and
appurtenance s of the aforesaid Project 62(D) shall be, become, and thereafter
continuously constitute parts of said Housing System in the same manner and
and to the same extent as all other buildings, facilities, and appurtenances
of said Housine System .
Section 7.02 .

The Board determines and declares thatthe

provisions of Section 7.02

terms and

of ARTICLE SEVEN of the Trust Indenture are

inapplicable to the proposed issuance of the Series D Bonds as parity Borrls,
but only because it js provided in Section 7.03

of said Trust Indenture

that othe r earnings , tests , and other conditions shall apply to additional
parity Bonds issued by the Board on or before June 30, 1965 .
Section 7 . 03 .

I

The Board hereby finds that the Series D Bonds will

rank on a basis of parity and equality as to security and source of oayment
and in all other respects with the previously issued "Eastern Kentucky State
College Housing System Revenue Bonds of 1962 , Series A, Serie s B, and Series
C, 11 by virtue of the Board's compliance with the conditions and restrictions
set forth in Section 7,03 of ARTICLE SEVEN of the Trust Indenture, in that:
(a) the facility or facilities to be constructed from the proceeds of
such Series D Bonds are by the terms of this Suonlemental Trust Indenture made a part of the Housing System and the Revenues derived therefrom
are pledged as additional security for the Series D Bonds and the Boncts
of Series A, Series B, and Series C;

�-

3 !0
(b) the Board represents that it is in full compliance with all covenants and undertakings in connection with all of the outstanding Bonds
which are payable from the Revenues of the Housing System or any part
thereof; and
(c) The Board represents that the chief financial officer of the
Board has prepared and filed with the Board a computation showing
that the estimated annual net revenues of the facility or facilities
to be constructed with the proceeds of the Series D Bonds when added
to the estimated annual net revenues of the present existing Housing
System are equal to at least one and thrity- five hundredths (1 . 35)
times the average annual debt service requirements for princioal and
interest on the Bonds presently payable from the Revenues of the
Housing System and on the Ser es D Bonds herein authorized to be issued .

I

The Board further fin&amp; and declares that said computation of the
estimated net revenues of the presently existing Housing System and of
the facility or facilities to be constructed through application of the
proceeds of the Series D Bonds, has been prepared in strict conformity
with the applicable provisions of Section 7 .03 of ARTICLE SE.VEN of the
Trust Indenture; and that the computation of estimates has been approved
by the President of the College.

The Board hereby approves said compu-

tation of estimates as the governing body of Eastern Kentucky State
College, and directs that the same be filed with the Secretary of the
Board and maintained as a permanent record of the Board .

Copies thereof

may be disseminated in connection with the public offering for sale of
the Series D Bonds, and the Secretary is instructed to furnish a copy

I

thereof , on request, to the holder or holders of any of the Bond previously
issued and outstandine under the Trust Indenture .
Section 7.04 .

In and by th i s Supplemental Trust Indenture the Board

has complied with the condi ti ans which are set forth in Section 7 .o4 of
the Trust Indenture relating to the i ssuance of parity Bonds , in that
adjustment has been made in ARTICLE J;'OUR of this instrwnent of the semiannual deposits into the Bond and Insterest Sinkj_ng Fund, adjustment has
been made of the amount of the Debt Service Reserve , and adjustment has
been made of the maximum amount to be deposited into the System Repair
and Replacement Reserve, as well as of the amount to be accumulated therein .
The Series D Bonds are payable as to principal on February 1 of each year
in which pr incipal falls due , and are payable as to interest on February 1
and August 1 of each year in compliance with sub-paragraph (d) of
Section 7. 04

of the Trust Indenture .

Section 7.05 .

It is acknowledged that the conditions and provision

set forth in Section 7.05

of the Trust Indenture continue in force and

effect and are aoplicable to the Housing System as enlarged and expanded
by the addition thereto of the buildirn: s , facilities , and appurtenances

I

�-

3 81

of the aforesaid Project 62(D) .
ARTICLE EIGHT
SUPPLEMENTAL INDENTIJRES
Section 8 . 01.

I

All of the terms and provisions of ARTICLE FIGHT of the

Trust Indenture continue in full forcP and effect and no adjustment thereof
is required •
ARTICLE NINE
REMEDIES
Section 9. 01 .

All of the terms and provisions of ARTICLE NINE of the

Trust Indenture continue in full force and effect and no adjustment thereof
is required .
ARTICLE TEN
RELEASE AND DISCHARGE OF INDENTUn.E
Section 10. 01 .

All of the terms and provisions of ARTICLE TEN of the

Trust Indenture continue in fu:l force and effect and shall include and
be applicable to this Supplemental Trust Indenture as well as the Trust

I

Indenture .
ARTICLE ELEVEN
CONCERNING THE TRUSTEE
Section 11. 01 .

All of the terms and provisions of ARTICLE ELEVEN of the

Trust Indenu.ire continue in full force and effect, and by its execution of
this Supplemental Trust Indenture the Trustee affirms its acceptance thereof
as related to the Housing System, as enlarged and expanded through the
addition thereto of the build'ngs , facilities, and appurtenances of the
aforesaid Pr oject 62(D) .
ART [CLE TWELVE
MISCELLANE.OOS PROVISIONS

I

Section 12 . 01 .

All of the terms and provisions of ARTICLE TWELVE of

the Trust Indenture continue and no adjustment thereof is required .
ARTICLE THIRTEEN
IDENTIFICATION OF THE HOO S::IG SYSTEM
Section 13. 01.

The "Housing System" as referred to throughout this

Supplemental Trust Indenture, is hereby identified as comprising all of
those certain buildings, faci lities, and aopurtenances for housing and

�and dining purposes, which are identified with particularity in the Trust
Indenture , and, additionally, all of the buildings , facilities , and appurtenances for housing and dining purposes which have been comoleted, or are
under construction, under the provisions of the Board's Loan Agr eement
with the United States of America, acting through its Housing and Home
Finance Administrator , Community Facilities Corrrnissioner, dated June 1 ,
1962, identified as Project No . CH -Ky-62(D) , Contract No . H- 302-842,

I

being the buildings, facilities, and aopurtenances described in this Supplemental Trust Indenture and in the Series D Bonds.

For convenience,

the names and locations of all of the aforesaid buildings , and facilities
now consti~uting said Housing System are shown on a map of the campus of
the College, a copy of which is attached hereto; but it is not represented
by the Board that said attached map is exact or that it made from a survey
of the lands and buildings shown thereon; and if it be shown that any dis crepancy exists, the identities of the respective buildings and facilities,
and their actual locations, shall be c ntrolling .
IN WITNESS WHillEOF, the party of the first part has caused its
corporate name to be hereunto subscribed by its Chairman and its corporate
seal to be hereto affixed, and said seal to be attested and this Inden-

I

ture to be countersigned bf its Secretary, and said STATE BA!\K AND TRUST
COMPJ-\NY OF RICHMOND, KtNTUCKY, to evidence its acceptance of the trusts
hereby created and vested in it, has caused its corporate name to be hereunto subscribed by its President or by one of its Vice Presidents, and
its corporate seal to be hereto a:fixed and said seal to be attested and
this Indenture to be countersigned by its Trust Officer or an Assistant,
all as of the day and year first above written, but actually on this 9th
day of January, 1963 .
BOARD OF REGENTS OF EASTERN KENTUCXY
STATE COLLEGE
Richmond , Kentucky
(SEAL)
By
ATTEST :

Chairman

Countersigned :

Secretary
STATE BANK AND TRUST COMPANY OF
RI~HMOND, KENTUCKY
B-..,__ _ _ _ _ _ _ _ _ _ _ _ __ _ __

(Siena ture)

I

�(SEAL)
(Title of Off icer )

ATTEST :
Count er signed:

I

(Signature)

(Title of Officer )

STATE OF KENTUCKY
COUNTY OF
On this

)
••

ss

)

day of January , 1963 , bef ore me, the undersigned , a

Notary Public in and for said County in the State afor esaid, appeared
Wend.ell P. Butler and J. C. Powell, to me personally known and t 'O me known
to be t he Chairman and Secretary, respectively, of t he BOARD OF REGENTS OF
EASTERN KENTUCKY STATE COLLEGE , one of the corporations de scribed in and

I

which execut ed the within and for egoing instrument and who being by me
severally duly sworn , did say that he , the said Wendell P~ Butler, is the
Chairman of said Board of Regents , and he , the said J . C. Powell , is the
Secretary of said Board of Regents ; that the real affixed to the wit hin and
for e going instrument is the corporate seal of said Corporation , that said
instrument was executed, signed and sealed in behalf of said Corporation by
authority of its Board of Regents ; and s aid Wendell P. Butler and J . C.
Powell each acknowledged the execution of said ins t rument to be , and said
instrument t o be , the fre e and voluntary act and deed of said Corpor ation
by it volunt arily executed .
WITNESS my hadd

I

and notarial seal this

- - -day

of January , 1963 .

Notary Public
in and for the County and Stat e
af oresaid

My commi s sion expires :

�STATE OF KENTUCKY

)

COUNTY OF MADISON

)

ss

On this ____day of January, 1963, b~fore me , the undersigned , a

Notary Public in and for sud County in the State aforesa :d , appeared
and

'

to me personally known and to me known to be the

am

_____________ _ _ , respectively, of STATE BANK AND

I

TRUST COMPANY OF RICHMOND , KENTUCKY, one of the corporations described in
and which executed the within and foregoing instrument , and who being by me
severally duly sworn each for himself did say that he, the said
is the
tion, and he, the said

------

-------------- of said corpora-

----------------- ,

is

--------

of said corporation; that the seal affixed to the within
and foregoing instrument is the corporate seal of said corporation , that
said instrument was executed, signed and sealed in behalf of said corporatim
by authority of its Board of Directors; and said
and

----------

each acknowledged the execution of said

----------------

instrument to be , and the said instrument to be , the free and voluntary
act and deed of said corporation by it voluntarily executed .
WITNESS my hand and notarial seal , this

---

I

day of J anuary, 1963 .

Notary Public
in and for the County and State
aforesaid
My Commission expires :

4.

Section

The Secretary of this Board is hereby authorized and

directed to cause appropriate notice to be published one time in the
Courier-Journal, a daily newsoaper published in Louisville, Kentucky,
and of general statewide circulation throughout the Commonwealth of Kentucky, and one time in The Bond Buyer, a f inancial journal oublished in
New York , New York, of general circulation among bond buyers throughout
the United States of America, soliciting sealed competitive proposals for
the purchase of said Series D Bonds , the same to be received in the
office of the President in Richmond , Kentucky, until some day and hour

- -

-

-

-

-

-

-

- -

- -

-

-

I

�-

. 385

when the Boar d of Regents will be in session, and the publication in each
thereof shall be caused to appear not less than seven (7) nor mo re than
twenty- one (21 ) days in advance of the date therein stated for the opening
and consideration of such proposals .

In said notice purchasers shall be

instructed that pr oposals may be for the purchase at not less than par and

I

accrued interest of (a) the entire $3,187 , 000 of authorized Series D Bonds;
or for all or any of the following blocks thereof :
(b )
(c)
(d)
(e)
(f )
(g )

Seri es
Series
Series
Series
Series
Ser ies

D Bonds
D Bonds
D Bonds
D Borns
D Bonds
D Bonds

maturing
maturing
maturing
maturing
maturing
maturing

in
in
in
in
in
in

the
the
the
the
t.he
the

years
years
years
years
years
years

1965
1973
19'/tl
1983
1 988
1993

to
to
to
to
to
to

1972 ,
1977 ,
1982 ,
1987 ,
1992 ,
2002 ,

inclusive ;
inclusive;
inclusive;
inclusive ;
inclusive;
inclusive ;

that the bidder s may stipulate one or mo:-e int er est coupon rates with re~pect
to said Series D Bonds providing the ai_·gregate interest cost does not
exceed three and thr ee- eighths per cent (3- 3/3%) per annum ; that only one
coupon rate may be stipulated for the Series D Bonds maturing on the same
date , and that the Board will not entertain any proposal that i nterest due
on any Bond on any interest payment dat e be represented by more t han one
coupon .

I

The right to reject bids shall expressly be reserved .

Section 5 .

Bond Counsel employed by the College may f orthwith s end

the necessar y material to a qualified bond printing company known to be
able to prepare bonds accordin? to HnFA specifications as to quality of
workmanship and materials, with instructions to proceed with the preliminary preparation of the Bonds of Series D, the same to be completed as soon
as possible after the public sale of said Series D Bonds to the end that the
entir e $3, 187 , 000 ther eof may be availabl e for execution and delivery at the
earliest oossible date .
When the Bonds have been comnleted and are available, they shall be
executed on behalf of the Board of Regents and authenticated by the Trustee
in the manner set forth in the Tr ust Indent.ure , and in this Sunolemental
Trust Indenture ; and thereafter t he prope r officers of the Board and of the

I

College shall be and they are hereby authorized , to deliver the same to the
purchaser or purchasers thereof upon payment of the pruchase price , or pr ices .
Section 6 .

This Resolution shall be in full force and effect from and

after its adoption .
ADOPTED BY THE BOARD OF REGENTS OF EAST.IBN KENTUCKY STATE COLI.EGE at
a meeting held on the 9th day of January , 1963.
/ a/Thomas B. McGregor
Acting Chairman
Board of Regents
Eastern Kentucky State College

�(SEAL)
ATTEST :

/s/ J . C. Powell
Secretary

Full discussion followed and the Chairman thereupon put the question ,

I

and upon call of the r oll the vote was recorded, as follows :
Voting "Aye 11 :

Mr . Sidney W. Clay
Mr . F. L. Dupree
Mr. Thomas B. McGr egor
Mr. Wilson Palmer
Dr. Russell I. Todd

Voting "Nay" :

None

Whereupon the Chairman declared that the motion was carried and that
the Resolution had been adopted and was in full force and effe ct.
At this point and in the presence of the Boar d , the Chairman signed
the aforesaid Resolution, and the same was attested under seal by the
Secretary of the Boa rd .
Board Member Todd moved immediate adoption of a pr oposed Resolution,

I

as follows , seconded by Board Member Palmer :
A RESOLUTION APPROVING GER TA TN INSTRUMENTS AND
DOCUMENTS TENDERED BY BOND COUNSEL FOR THE PURPOSE OF IMPLEMENI'ING PROCEilJRES AND COMMITMENTS
WHICH HAVE BEEN AuTHORI?ED BY THE BOARD .

THE BOARD OF :1.EGENTS OF EA...,TERN KENTUCKY STATE COLLEGE, RICHMOND ,
KENTUCKY, HEREBY RESOLVES, AS FOLLOWS :
Section 1.

That the follow·.ng instruments and documents , drafted by

Bond Counsel and tendered for the purnose of implementing procedures and
commitments heretofor e authorized by the Board , are declared to have been
examined and found to be satisfactory in form and substance; and the
execution (acknowledgment if appropriate), delivery and/or dissemination
ther eof for the respective indented purposes and oy the appropriate indicated officer s of the Board and of the College are hereby approved and
authorized :
(i) The "Notice of Sale of Bonds" incident to the public offering
of the $3,187 , 000 "Housing System Revenu e Bonds of 1962 , Series D";
(ii) The "Statement of Tenns and Conditions of Bond Sale " which is
supplemental thereto ;

(iii)

The "Official Bid Form 11 •

I

�-

3 87

Section 2.

A copy of each of the instruments and documents enumer ated

in Section 1 of this Resolution shall be preserved by the Secretary as a
permanent record of the Board , but the same need not be copied in full in
the mi nutes of this meeting .

I

J. This Resolution shall be in full force and effect f r om

Section

and after its adoption .
full dis cussion followed and the Chairman thereupon put the question ,
and unon call of the roll the vote was recorded , as follows :
Voting "Aye ":

Mr . Sidney W. Clay
Mr . F. L. Dupree

Judge Thomas B. McGregor
Mr. Wilson Palmer
Dr . Russell I . Todd
Voting

11

Nay" :

None

Whereupon the Chairman declared that the motion was carried and that
the Resolution had been adopted and was in full force and effect.
FINANCIA L REPORT
The Board was presented with a report of the Financial Statement of

I

the College f r om July 1 , 1962, through December 30, 1962 .
ADJOURNMENT

Mr. Wilson Palmer moved that this meetine of the Board of Regents be
adjourned over to convene again in the office of the President of the College
on the 20th of February, 1963 , at the hour of 11: 00 A. M. , EST, for the purpose of receivi ng , opening, considering, and taking action upon any purchase
proposals which may at that time have been received for the Board ' s
$3 , 187 , 000 "Housin g System Revenue Bonds of 1962, Series D, 11 as authorized
at this meeting ; that the Secretary be authori zed and directed to cause the
authorized "Notice of Sale of Bonds , 11 to be published in advance of said
date in accordance with KRS Chapter 424; and that said adjournment be also
for the purpose of considering and taking a ction upon any and all other

I

pr oper business which may come before the Board at that time .

Said motion

was seconded by Mr . Sidney W. Clay, and after full discussion the Chairman
put the question and the same was unanimously adopted .
The Chairman then de clared ~hat the meeting was adjourned to reconvene
at the time and place and for ~he purposes state

motion .

Signed-=---=+-~-"--:~~~;_:::~--- Regents

�-

388

Eastern Kentucky State College
(Meeting of January 9, 1963)

Approv1;d :

,
Judge Thomas B. McGrecor
Acting Chairman
Bourd of Regents

. ,·

I

JCP/dhw

I

I

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Page 324 John L. Vickers Appointed as Executive Assistant&#13;
Pages 324-325 Development Coordinator Office created&#13;
Page 329 Personnel Activities&#13;
Pages 329-330 Bessie Harris Griggs Death&#13;
Page 331 Fitzpatrick Arts Building Foundation problem&#13;
Pages 331-332 Tropical Huts Relocation&#13;
Pages 332-333 Model Laboratory School Playground development&#13;
Page 333 Kit Carson Drive Completion&#13;
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Pages 337-340 Insurance On buildings and property&#13;
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