COUNTY CORIMISSIOY -ADJOURNED SESSION · 11/8/2017 · SW feel em of ill hunenion wi!h Lcst~rRsd...

COUNTY CORIMISSIOY -ADJOURNED

SESSION

COUNTY COhIMISSION MET I'LJRSUANT 7 ' 0 ADJOURNMENT IN ADJOlJKNIiD SESSION OF TIiE SULLIVAN COUNTY BOARD OF c:OMIVIISSIONERS 'I'FIIS MONDAY MORNTNG, NOVEMREK 23, 1998,9:00 A.M. IN L?LOUNTVII.LE, 'TENNESSEE. PRESENT AND I'IESIDSXC; WAS I IONORAL3I.E GIL. IIODGES, COUNTY EXECUTIVE, JEANIE F. GAMMON, COUNI'Y CI.ERK AND WAYNE Ah'l)ERSON, SHERIlT OF SAID BOARD 01; COMMISSIOh'ERS.

'1'0 WIT:

'She Coinll~ission was called to ordcr by County Executive, Gil Floclges. Siierii'f LVnyne Atidcrso~i opellcd the cununission ancl Commissioner Dennis Houser gave the il~vucation. I'lcdge to ihc llag was Icd by County Executive, Gil Hodgcs.

Cotm~lissioncrs present ancl answering roll call are as follows:

CAROL . I . UELClIlZR . .- -. BRY Ah' K. BOY I) FIIEl) CHILDICESS - . -

.JAMES R. "JIhl" B I , . A I m < JUNE CARTrIZ 0. W. F E R G U W -

nllKE COYCF ---, ItA1,I'tI HARK IIENVIS IK)L_SI:X I\fAILYIIILIY-2TT SJ\M.UE'L,I QNCS ~ ~ l ~ I ~ , I O ' ~ l ' IUI,(;Ol<l$ .&Ah1 ES ' S l ~ U D D L Y ' ~ K ~ JAMES I,. ICING, JI<, I)\VIGfIT MASON . -- GARYMAYES ( W A S N O T P R E S E N T FOR R O L L C A L L

WAYSE RlCCOXmLk PAUL MIL^^ BUT CAME I N BEFORE LUNCH

RANDY ;MORR& --- HOWARD PATRICK AI(CHIE 1'1- &CHAEL B. SUICGENOR IMARK A VANCE - EDDIE WILLla l

PUBLIC COMMENTS:

In the Public Comments session of County Commission, those speaking were Bobby Goodson on conditions at the jail, Tom Cuthill, Lewis Laughlin against placement of the Ten Commandments Plaque, Hubert Christian on the need of a traffic light at Central High School, and Jerry Dykes.

BE IT RESOLVED that Commissioner Bryan K. Boyd asked to change his vote from aye to nay on Resolution Number Four ofthe October 19, 1998 Colnmission Meeting. Roll call vote was taken and his request failed with 13 aye, 5 nay, 5 pass and 1 absent votes. Motion was made by Commissioner Vance and seconded by Commissioner Hyatt to a approve the minutes of the Regular Session of County Commission held on October 19, 1998. Motion was approved by voice vote.

The followi~ig pages indicates the action taken by the Commission on re-zoning requests, approval of notary applications and personal surety notary bonds, motions, resolutions and other matters subject to the approval of the Board of Commissioners.

STATE'.'OF TENNESSEE

COUNTY OF SULLIVAN

ELECTION OF NOTARIES

OCTOBER 1 9 , 1998

M i c h e l l e A. Adkin: :

C y n t h i a B a l e s

D e b o r a h A. B a r k e r

J o h n A . A. B e l l a m y

C o n n i e F . B l a c k

JOHn f. B o l l i n g

E t t i e D. B r o c k l e y

M e g h a n M. C a r r

J a n e F. C a r t w r i g h t

W a n d a F. C a r v e r

A n g i e Cowden

J a s o n D. C u r t i s

M a r k 5 . D e s s a u e r

P h i l j p M . D o r r a t i

L i n d a K a y E v a n s

J o y c e P h i l l i p s F l e e n o r

T e r e s a J . F u l l e r

C l e l l G i i r n b l e

F r a n k D. G i b s o n

R u t h J o n e s G r e i n e r

B e l v a B. H a l e

M a r t h a L. Haywood

K a r e n H e n d r y

G l o r i a H o b h s

T a m i L. H o b b s

P a m e l a J . l l o u s e r C h a r l e s F r i tt:?

L y n n 5 . J a m e s Keith J u s t i s

R h o n d a R. J a y n e S h a r o n K i l g o r e

T i n a J o n e s

K a t h y J . K i n g

B a r b a r a Y. L i g h t

C h a r l o t t e M a r t i n

R e b e c c a C. Messer UPON MOTION MADE UY COMM.

James S. Montgomery HARR AND SECONDED B Y COMM. MILHORN TO APPROVE THE

P a u l A. M o r r e l l NOTARY APPLICANTS HEREON, S A I D MOTION WAS APPROVED

H e l e n E. Morrison BY ROLL CALL VOTEOF THE COMMISSION.

V e l d a P. N o e l

L i n d a S . O n e y

J a n e t P h i p p s

S h e r r y R o b e r t s

S h e i l a R. S h e l t o n

C a t h e r i n e M . S i k s a y

E a r l W . S i m p s o n , J r .

Wm. D. S tacy

G u y t o n 0. T e r r y , 111

T r a c y F . T i t t l e

T i m T r e n t

J o h n D. V a n c e

Amy L . Wells

STATE O F TENNESSEE COCNTY 01 SULLIVAN

APPROVAL OF NOTARY P U B L I C SURETY BONDS

NOVEMBER 2 3 , 1 9 9 8

Lisa Newsome Arnold

Cathy L . C h i l d r e s s

Deborah L. Corns

Terry M . Cumbow

Deborah L. Davis

Gregory W . F rancisco

Mary Lee Glover

Larry D. H a r r i s

Michelle S. Hat ley

Cynthia L . Huddleston

Shelton 6 . Hillman, J r .

Charles W . Howell

Georgia M . Kiser

Nancy N . Smith

Upon motion made by Commissioner Harr and seconded by Commissioner Milhorn t o approve t h e Notary Bonds of t h e above named i n d i v i d u a l s , s a i d motion was approved by r o l l c a l l v o t e of t h e Commission.

2 4 AYE

. , . '0 , . RESOLUTION NUMBER

T O TI1E IIONORABLE GIL HODGES, COUNTY EXECUTIVE, AND THE MEMBERS O F THE SULLIVAN COUNTY BOARD O F COMMISSIONERS IN Adiourned SESSION THIS THE 23rd DAY O F Noven~ber 19%

llESOLIJ1'fON AU'ITIORIZINC; I h c Sullivan Countv Doard of Co_mmissk~ncrs t~ consider A n i e ~ ~ d ~ ~ ~ e n t s lo the S ~ ~ l l i ~ i l n Counlv 7,onine R e s o l u t i ~ ~ n e r i ( l e d

- WHEKF.AS, 'SENNESSEE CODE ANNOTATED, SECTION , AUTT1ORIZES COUNTIES TO-

NOW, TI3ERI:FORII BE IT RESOLVED by the Board of C o u ~ ~ t y Commissioners of Sulliva~~ C o u ~ ~ t y , Tennessee, assernbled in Adiourned Session on the day of Nove~nber 1 9 E

1NAT M L E A S . The attached rezonina oetitions have been duly initiated, have been before the P la~n ina Commission (recommendations enclosed), and have received a public hearina as reouired: and

WHEREAS. Such rezonino oetitlons will reouire an amendment to the Sullivan County Zonina Resolution:

NOW THEREFORE BE IT RESOLVED. That the Sullivan Countv Board of Commissioners consider the attached rezonina ~et i t ions and Vote upon the orooosed amendments. individuallv or otherwise at the d a e t i o n of the Commission, bv roll call vote and that the vote b e vali-jndina and that anv necessatv amendments to the official z a n m a o

All resolutions in conflict herewith be arid the same rescir~ded insofar as such conflict exist.

'I'l~is resolutior~ shall become effective or! . 19, the public wellare requiring it.

Date:__ ,' , County EXecu,se

COMMENTS: Mot ion m a d e b y C a m m . h a r r a n d s econded by C u n i m . V a n c e to approve RPPROVED 1 1 / 2 3 / 9 8 V O I C E VOTE - --

i/ INTRODUCED BY COMMISSIONER Beicher ESTIMATED COST: SECONDED BY COMMISSIONER Fereuson FUND:

Co~nrnittee Action

Adn~inistrative

Budget

Execu five

Approved

Commission Action

Roll Call

Voice Vote

Disapproved

Total

Deferred Date

, 0 3 5 0 REZONING O V E R V I E W

SULLIVAN COUNTY C O M M I S S I O N MEETING

APPLICATION F I L E APPLICANT NEIGHBOR STAFF PLANNING C O M N I S S I

SULI.IVAN COUNTY BOARD OF COUNTY COMMISSIONERS November 23,1998

Cons ider UIC fol lawine:

( I ) F i le # W98-2 A irqucst b y R o b c n Bunn t o rezone ihc p r a p e n y d e s c r i k d below from R - 1 lo

I<CQUES,P I I E N I E I I 1 1 / 2 i j 9 8 R ~ I I . L CALL I A Y E , 2 1 N A Y , 1 A S 1 ~ R s E : a

"Hc~og n IrJLt uf lnnd located in lhc 5th Civil 1)irIrict on ill* west side: o f ClnrkCen\el%ry R o a d n l ils intcrscclioo wiilb Stage Coach 'Trail a n d lurdler drscr ibed as p x c a l 106.00 ,nap 36 o f the Su l l ivan Counly Tax Maps."

Thc Planrting Commiss ion Look thc following aslioll:

" T~lr No. 8B82. Robed Bum Rcqursl

Ksibrn lltm rcqucxled ihu r lncc ollnnd locacd in ihr Iih Cwit Dixlrict oothcwrsl lid* of Clr* Gmrtnv Road a i l s in lc rs~a ion riUl Swgr CorchTrul be razoiicd from R-l lo 0-3 toprml i helocumno1 mini riaragr bu~ld~ngs.

n 8 = anp~icarll wM yrerLni u>d sloVc S V ~ I I X U ~ ~ and rhnrlc. young rpob In o m o r i t i o n ~d prr..ntcda 32 nmc ~ t i h ~ rnoilnp lhri hr ic.lvrr8 ril sor mn>paliblr MU, rum~ud$rg ~~suicnlial dcurlojm>nnl, would dccnarcdpmpny i r lucs md #ncrcme dm~craos lr~fficcond#l#on~. Srrlirlncd Lllc nquert rsl not ~mpUhblr walh sdjarsill prrdominalr mnkg and land ulcuid rcronvnend~dILbedmird.

htolmor! Childns.~rcond S. Bvnlcl Lo drny d>rrequt.l. Vvic in lavorol hamotion unaVrno8is.

( 2 ) I'ile P 9198.2 A reqlicrl by lames Cunninghs ln l o rczone llte p r o p c n y dcscribcd bclow f r o m R - l to 8 -3 :

R E Q U E S T D E N I E D 1 1 / 2 3 / 9 8 R O L L C A L L 2 3 N A Y , 1 A B S E N T

"Being a u a c l of land located in rhc 5th Civ i l D~suicl an l he sou th s idc of Meadowvic\v R d . appronirnalely 250 ice1 sotxth of ils inlersecliori wilh W d n u t l l i l l R d a n d furlher described as piucc176.00 map 1 9 o f lhc Sull ivan County T.u Irlaps."

n . e Planning Commission Look lhe following action:

' rmlc So. 9,982. lamer 'urninststst Ktquml

1:dli~s Cunnkshm n q u c ~ < ~ d Ihs B V I L I 0f1-d localEd in ihc SL Civil Distnd on ihc roullh side oiMcarlowiru Rd. api>roxiinuely 250 hrl mulh of l lr lnlrrieii#an wilh Wrlntrl llill Rd. br rezoned from K - i lo 8-3 Lo pcmxil(h~ l i l r l t ion u f m =Lila rcyur S h q .

I h e a ~ L c a l v a c pr~rcnl. KmHrle uld U n i d Wemcr*ptc mopri l lon nofuigihdthr rowng would b c h ~ m ~ t v ~ . LTULC dangerous rralficploblcix!i md dtmcuc rbsideofial pmpdy unlucz. SMlsucd ihinropo>ul laning war mmalpa~blr wih cxlllu>g mrxng and luid uar yaacm3 a d m m r n d r d i l ix dcniid

hlvlro!! ilrovn. 3rcondS. Bamrrfo deny ill* rrqllrrl blrcd on ronunrnll of l l ~ e owlilton md $call mrommmbvino. Yule u; frrornlllicmotion ,,,lm,,nour.

(3) Fi le # 10198-2 A request by I s a k l Tay lor ta rezone h e pproperiy described be low from A-l t o 9 1 . .,~., .

R E Q U E S T A P P R O V E D 1 1 / 2 3 / 9 8 R O L L C A L L 2 3 A Y E , 1 A B S E N T

"Being a tract of land located i n the 15th Civ i l Dislnct on Lhc norih sidc of W i l c o s Drive at its intersection with Baileyton R o a d a n d further described as m t part o f parcel 25.W map 117 o f the Sull ivan Counly Tm Maps adjacenl ro ihe southwesterly boundary o f p a r c c l 2 4 . 0 0 being 2 0 0 fcet i n dep lh with a road frontage o f 2 1 0 feet ."

The P l m i n g C o m m i s s i ~ n look lhc fol lowing aclion:

"Filr No. 10198.2, l r rk l TaylorRqucsl

Isabri Taylor qvcslrdth.t ilnd of livldloatcd in&* l5m Civil DilBnmUlcnorUlsidc of Wllcor D.ve u ilsinleneQion viUl BailcytonRoadk ruond fmn A-1 (a 8 3 to prmir Ulc lowiona tusdur~ . l r .

ms sppiionl us, prumt. No o~position u a s p $ m t r d . Sldlrlllcdihr q u r n war mmpsliblc wihn is thg lmdlur md zolung a n d r r m m m d d .ppmv.l.

Mdion Chrldrus, rrmnd H. ~ m r s to .ppmvc~lc request as rwommdrd by I&K. Votr in fnvor o f a c motion unanbouj.

(4) F i l e # 10198-4 A request by Jessie Sampsnn to rezone the propeny described be low from R-I t o R - 2 :

R E Q U E S T T O R E T U R N T O P L A N N I N G C O M M I S S I O N 1 1 / 2 3 / 9 8

"Beinu a Wac1 o f land located in the 6 t h Civil District o n the nonh s i d e of Harrlown Road appro;ialcly 800 fee l eas t o f i ts interseclion with Lester Road and funher described as parcel 162.00 map 33 of h e Sull ivan County Tax Maps."

The Planning Commiss ion took the fol lowing action:

"Filr No. IWS-4, Jevie SvnprmRe~uc~l

Icrs>c Sunprom rulurriedth~ atrnctoflmd ioulrd inhc 61l1 Civil rbmn on hononh sidcaf H h m Rosd lgpmiinulcly SW feel e m of ill hunenion wi!h Lcs t~rRsd be mrondfmm R-l l o R 3 ro pcrmil Ulr loculon of Ismglruidcmobik home.

m appliuncuu prcstl~. ~uffrrponrd I phone c.11 in opppition m ~ l c rcquczt dlrging ~ ~ c g a t i v c i m p v ! on rrridcolid pmpnyuaiues. SWfrWld ! h o ~ ~ n L v ~ ~ ~ ! ~ ~ m p L i b i ~ uiUl predomh.lc lmduuu mddninig pnrm in Ulc h m d i u c neighbmoad .nd r-mmmdrdUlo nqucllbodrnicd

(5) F i l e # 10198-5 A request b y Wi l l i am Snapp to remne h e propeny describedbelow f r o m B-3 to R.2 :

R E Q U E S T A P P R O V E D 1 1 / 2 3 / 9 8 R O L L C A L L 23 A Y E , 1 A B S E N T

"Being a tract o f land located in the 6 t h Civil Distr icl on t h e n o r t h side of Bluff Road auurar imate lv 300 fee t wes t of its intersection with Lester Road and funher described as the i i , ~ e r l t m o r ~ bon.on u f p a r c t ~ 57 IN s t ~ t l a rod tronlagc uf z44.2a feet and arew propen) IUIC

149 83 m lcogth map 33 o f the S u l L v m County Tar Maps."

The Planning Commission look the fol lowing action:

"FllcNa. 101984. W i l l i m S n ~ ~ ~ s l

W i i l i m s n ~ nquolrdUiua1mctof land i a u r d hUla6UlCivilDizfnrtonhcmnh tideof BlvffRoad.ppmlhsl~iy3W frrl west of its inccnedim wiUlLuter Rosd te rclonrd fmm 8-3 bR.2 topmi! ihr l o a i m ol r lhglrvidcmobiic hmr.

me amiicmt - p r r x n ~ NO opparitim w.8 praacnlrd. s ~ f f s u ~ c d ~ l ~ mquutwr. wi~hui, l lngmird m m g h d i h d ulr and rrmmmcndcd.ppmv.l.

(6) File # 10198-6 A request by JR. Birdwell to rezone Ule pmpeny described below f r o m PBD to 0-4 :

R E Q U E S T A P P R O V E D 1 1 / 2 3 / 9 8 ROLL C A L L 19 A Y E , 3 N A Y , 1 A B S E N T . 1 P A S S

"Bcing a tract of land localcd in ihe 14th Civil District on the norlh sidc of Ft. Henry Drive at its interscctioo with Riverview Dr and funher described as parcel 3.W map 92 of the Sullivan County Tar Maps."

T h c Planning Commission look the following acuoo:

I K l l i ~ r l i r l l a y v r s l c d t l > i l n t ~ a i t "1 Indlucalrdin llle l i l l ! Clrcl 1 ) l ~ l ~ r i ~ m ihr n n l h sidc cfR. licnri llrlrr u it, i i :~~,~a:on vllll Riucnicw Ur b ~ c ~ n n c d f ~ n r n Plil>la ll 4 Lopnni l llle l u r . ~ l ~ u i i u f i ~ ~ ~ r l l c r r r t h v k l .

7 File # IOIYS-8 A request by Bcn and loann Johnson lo rezone Ulc property described below from R-l lo R-2 :

REQUEST APPROVED 1 1 / 2 3 / 9 8 R O L L CALL 2 3 A Y E , I A B S E N T

" B c i n ~ a uacl of land located in the 7th Civil District an lhc wcrt side of McMurrav Rd. . approxirnalcly 200 feel nonh of its inlerscclion with HarrTown Rd and funher dcscribcd as paccls 16.10 and 17.00 group A map 33N of ihc Sullivan Collnry Tar Maps."

The Planning Commission took h e fol lowlg action:

Be#> and J a m lohnsnn reqllcrledliiriaLradof land IocalrdinLc 7LCivil Distribo#ifhr ur~r 38dr of McMurr*). Kd. oppr,~~i~nnily 2 M frcl nnlrli af i i s mlcntd~on rill, 11- Tow8 Rd. be rcloncdfrolnR-L lo K ~ Z to pcmiil Li loiauon 01% ~ " > ~ ' ~ . l l d ~ l , l ~ b d ~ homc~

. , . . . . .~ . . . . . .. . . . . .. . .~ . . . : . .

. . . . - . '

Scale ' '...' . , . ~ . . . . . . LotSize: 1 acre 'I*. ' '

CivilDistrict: 5 >:.j

. .- .. . .. ..'. .. .. _.I' , - i I

REZONING :REQUEST: . . ,

Sulliv'an County ,:Tennessee ' From R-1 T~I'B-3 ;

August 18,1998

File # 8198-2

. :. . . , ... . . ..,. . . . . . - . . .. . , . . . . .. . . , , .. . .

, , REZON~NG R E ~ U E S ~ ,, :, , . ,, . , . , ' . .

. ~

Sullivan COU~Q ' , Tennessee From R-l To B-3 ' . ,

. . ~ . , . ,

1" = 800' . , . , . .::. Scale . - \

. . September 15, 1998 :, . ... ~s~.,~. .. , Lot Size:.l acre . . . . ..., . . ,.. . . . Civil Disbict: 5 File # 9198.2 . ,. . , . .

. . . .'. - i: .., <

NORTH . . . . . , . .: .

REZONING REQUEST Sullivan County , Tennessee

From A-1 To B-3

1" = 800' Scale October 20, 1998

Lot Size: 1 acre File # 10/98-2 Civil Distict: 15

NORTH

R E Z O N ~ N G REQUEST Sullivan County , Tennessee

From R-l To R-2

Lo1 Size: 4.6 acres Civil District: 6 7-

NORTIl

October 20, 1998

File # 10198-4

1" = 800' Scale

Lot Size: 1 acre Civil Disnict: 6


From B-3 To R-2 '

NORTH

October 20. 1998

File # 10198-5

1" = 800' Scale

Lot Size: 2.6 acres Civil District: 14

REZONING REQUEST Sullivan County, Tennessee

From PBD To B-4

October 20, 1998

File # 10198-6


From R-1 To R-2 1" = 800'

Scale

Lot Size 100 x 273 feet Civil Distict: 7

NORTH

October 20, 1998

File # 10198-8

RESOLUTION NO. ##A TO T I E HONORALILE GII. HODGES, COUNTY E X E C U T W AND TH!? MEMBERS OF THE SULLIVAN COUNTY BOARD OF COMMISSIONERS rN REGULAR SESSION TINS THE 21"AY OF SEPTEMBER, 1998.

np.sor .lJrION AUTIIOKI%INC~ . S.uLvan Colintylo~R~l~est~fi!?: 3d l ivanCgul l tyAc.~th ( ~ ! ~ o i i s ~ i ~ f i p~S~~!c__t ' l , a t i~~!g~~II i i : c_ !p!~llSiile~l%epnlinr\l~.~e~!i~v~~Rsd~Irict& I'lar~ .- tbr ~~ S u l l i v a ~ ~ C o u n ~ ~ ~ l ' e m ~ t ~ e c ~ ~ ~ ~ ~ ~ . ~ . ~ .-

U'IlEllEAS, TENNIZSSEE CODE ANNOTATED, SECTlON AUTHOIUZES COUNTIES TO

NOW, TIIEREFORE BE IT RESOLVED by the Board of County Com~nissioners of Sullivan County, Tennessee assembled in Regular Session on the 21" day of September, 1998;

WHEREAS. the Su!livan Countv Election Commission. with the assistance of the State & ~ i g Oflice. prepared and aa~~roved a redislrictin~~lan for Sullivan County in 1995: and

~ ~- - WlERlG\S, said redistrictingplan was suhseoucr~lly aparoved by the Sullivan.oaty Board of Commissioners w a n t to ResolulionNo. 2 ao~roved November 2Q, 1995. a copy of which is ~~~~~~~~~~~~~~~~~~- -.

. . . - WIIEREAS. said redistrictiog plat1 has ca~~sed much confusion a d undue hardshiponsoox citizens of Sullivan C o u n t d i p lo soinc commission district botu~daries beine altered: and

WIIERE!\S. an alternate redistrictin&plan might better w e thc citizens of S~~llivan ( : o u n k -- -- --.~~-.--.-..-.-.-.-----.----.A N~WLTII~EEEFOI<E. Ill: IT ICESOLVED t h a t t h e Sullivan Countv Board of Commissioners hereby reouest the Sullivan Countv Election Comn~ission and the State Pla~ining Otlice to consider ~r_e]jxmifi~alternative redistricti~~g olan for Sullivan County to better serve the citizens of Sullivan County.

All resol~rtions in conflict herewith be and the same rescinded insofx as sucl~ co~~llict exist.

Tl~is resolution shall become erective on __, 19, the public welfare requiring it.

Date - Cainly C i r h c u u l y F xcct#clvr

WTRODUCEI) BY COMMISSIONER &reuson ESTIMATED COST: - SEC0M)ED DY COMMISSIONER McConnell FUND:

cOh%MENTS. F I R S T READING 9 / 2 1 / 9 8 DEFERRED 1 0 / 1 9 / 9 8 APPROVED WITH ABOVE AMENDMENT 1 1 / 2 3 / 9 8 ROLL C A L L

TO TFIE IIOhORAIILE G I L IIODCES. COUhTY EYECUTILF. AFD T i l E h I :hl l lER5OFlIIC SUL-IVAX CDI. h l Y !lOARD 01:COMXIISS:ONLRS:'. SElulu?. 'r.115 I l l € 231 UA) 0 1 ' ASI- .Y.L

- WHEREAS. TENNESSEE CODE ANNOTATED: SECTION .AUTHOIIIZES COUNTiES TO

NOIV, TtlEREFOlIE BE I T RESOLVED by lllc Board of Cao~lty Co811toisrianerr of S~liliva#l Counly, Tennesrcc, assembled ill &g&g-Serriotr on lile day O~J\J\J\J\J\J\L 19 95

T i i A T WHEREAS. Tennessee Code Annola la 2-3.102 i01 alovides thai. "All oreZtna h o d a r i e r within the LYliaiUion oi such wunlv elecllon commission lhal do npl wtncide

~

munlv boundaw as desianaed on United SIales of the census ma- lor lhe 1990 iederal census.'.

Al l rcloiuliotlr ill eo~lnict ihcrcvitlt be and l l ~ e same rescinded inrobr nr ri#ci, cordlist exist.

I l l i s resol~tl iw~ slaall bcsonlc cffectivc oa . 19, lllc public wellarc ieqttiriag il.

Duly parsed and 8pprov.d lhis *day of -1 , 1 9 2

Anerterl: Date:- Dare:- Ce"",tO'd Ceu.," Pl<cu,#r.

INIROOUCED BY COh1h l lSS iOr ;CRAra~scn ESTIMAlPD COSi - SECONL'ED DY COhl4llSSIONER II <ks F L l D

CU&~&~EITS: F:RS: 2 l U : h G 9121195 UEITkITW ? / : d $3

- . -.- - 1" . & . " I . a m ' I i n q c on. l -.,I I

AMENDMENT TO RESOLUTION NO. 2

R.m42. - SulJhfi County&&qucst the SullivanCounty Election Commissionand . S t a t e a n n i n q . t i . ~ . e ~ c g n s i d e r ?rep.aBrin.q an Alternative..Rt_ric_tingP.la.n for s u u v a n Countv. Tennessee

ADD THE FOLLOWING:

FURTHER BE IT RESOLVED, That in the preparation Of an alternative Redistricting Plan for Sullivan County, that consideration be given to avoid the division of any civil district if at all possible.

SPONSORED BY: F e r s u s o n SECONDED BY: M c C o n n e l l

COMMENTS :

AMENDMENT TO RESOLUTION NO. 2

RES. 112 - Sullivan Countv to Resuest the Sullivan county Election Commission and State Planninq Office to Consider Preoarinu an Alternative Redistrictina Plan for Sulliva~ Countv. Tennessee

ADD THE FOLLOWING:

FURTHER BE IT RESOLVED, That in the preparation of an alternative Redistricting Plan for Sullivan County, that consideration be given to avoid the division of any civil district if at all possible.

SPONSORED BY: Feruuson SECONDED BY: Mcconnell

COMMENTS :

RESOLUTION NUMBER 4 TO TIlE HONORABLE GIL HODGES, COUNTY EXECUTIVE, AND T H E MEMBERS OF THE SULIIVAN COUN'IY DOARD O F COMMISSIONERS IN &gh SESSION TIIIS 'THE DAY OF Q L ! D ~ 1 9 9 8 ,

IIESOLIJTION AU~'HORIZING W a ~ c Ir~creasc for Su1liv:ln Counlv Ernulo~ces Who dk! 1101 l<ecei\,c tile Cu~~ivrllent of ,2SJkTr0~1r E i f e c t i v e ~ i ~ I , 1998

- WIIEIIEAS, 1ENNBSSEE CODE ANNOTATED; SECl'ION AU'I'klORIZES COUNliES TO

NOW, TkIliREFORE BE IT RESOLVED by the Board of County Co~nrnissioners of St~l l ivn~~ Coul~ty, Tennessee, assembled in Reeular Sessioll on the day of October 19%

1 'HAr WHEREAS. In the FY 1998-99 Budqet. the Board of Commissioners funded a 2% waae increase retroactive to Julv 1 . 1998. Emwlovees whose hourlv waae was less than $12.50 oer hour received less t h a U 5 j e r hour increase:

NOW, THEREFORE BE IT RESOLVED, That the hourlv waae be adiusted for those ein&!ovees wl iumeived less that . 2 m e r hour [effective Julv 1. 19981,and that funds be a ~ p w . w e d for this ouroosefromuUadesianated Fund Balance. Acct. No. 39000 to .- amend_llle budoets in theoliowina funds:

- GENERAL FUND $27.200.09

-- HIG.KWAY FUND $1&588.00

-. - -- -- --- - - SANlTKrlON - -- FUND $2,175.00

- HEALTH FUND $2306 .00

-- TOTAL $50.249.00

All rcsolutio~~s i r ~ co~~flict f~erewitl~ be and t l ~ e same rescinded insofar as sue11 conflict exist.

l l ~ i s ~esoiutior~ sllall become effective on 19, the public welfare requiring it.

Duly passcd ii11d approved this - day of , 19_

INTRODUCED DY COMMISSIONER Hvatt ESI'IMATED COST.- SECONDED DY COMMISSIONEIt

COMMENTS: FIRST H W I N G 1 0 / 1 9 / 9 ~ WITHDRAWN 1 1 / 2 3 / 9 8

- Cun~~nission Actior~

Roll Call

Voice Vcle

AY e Nay Pass Absent Total -

I TO TIIE I IONDUOLC CIL IIODCES. COlJhTY CYECUTIVC. A N 0 THE MElilBERS OF :I18 SULLIVAN COIhTY OOARV OF COMMISSIO~CIIS IN SESSiOh M I S T i ! C L U.\Y OF-lrrlq, 199-8-

RISOLUTION AUTAORLZMG S l i m 1-

WHEREAS, TENNESSEE CODE ANNOTATED. SECTION AUTHORlZUj COUNTIES TO

NOW. THEREFORE BE IT RBOLVBD by lhc i l azd of Counly Commitrioncn or suiiivln Counly. Tcnnuacc lurmblcd in W Sesion an the& dry or 199-8- -

Hiphvw . . s 42 oon w 't.

UlllsllOn % 700000 ItwllhlLrPI. 1 16W000

nenl Fund llz9WoW

To,& 1194.W.W

All roolaions in conflirl h e m i * bs rind rh. m s mcinded in.~lu u m h conni" u k ~

P 3 \

7111. malvlion shall bcomc credvcon 19,Ihe public asll.rcnqui"ng it.

Duly prucd and aappmrcd *is-day oI 19-

Alterlcd: D.a!- Date:-

* cave& c- *cub

IMITOCUCED Of COMMlBlONER R. Conkin ESTIMATEDCOST. - SECONDED BY COMbliSSlONER Y.W. FnPvcOnnND:

CO!4MEMS: F I R S T IIEAOIIIC i/ 19198 Mot loo b y Comn. Hacr end r.condcd o f C o r n . D a n l a l V aa1.r

notion r o d s i a r approved - WULL CPLL rrnr L J aye. > nnr. I *soo f

- Commission Anion

Roll Call

Voice Vow -

- - ----

DEFERRED 3/16/98 DEFERRED 4120198 DEFERRED 5/18/98 6/15/98 DEFERRED 7110198 WITNDRIUN 8/n{98

Aye Nay Pw Abvnl Tottl

RESOI.UTION AU17IORIZINC _E!~tlri.oginto ~ I I I A~ree133ent will t11c C ' i t y . , f ~ < h g ~ ! tn l'crnpor:~riW louse an Anib!d;~r!= ti t thc Fire Station on West Stol~e Dfiv_c_

WIIEREAS, TENNESSEE CODE ANNOTATED; SECTION .AUTHORIZES COUNTIES TO - NOW, BE IT RESOLVED by the Board of County Cornn~issiorlers of Sullivt~n Cou~tty, Teoncssce, asse~ttbled in Reeular Scssion on ilte day of October 199&

THAT &HEREAS. Sullivan Countv Erneraencv Medical Service has been notified by tlolston Defense Corooration that the lease aqreement for housina will b e terminated - December 31, 1998, and

W H E R E A & ~ ~ O ~ ~ ~ O ~ Defense ~oru-s no lonqer theo~erat ina contractor for ~ o ~ s t o n Army AmrnunitionPlant. and

WHEREAS, Holston Arrnv Ammunition has advised that the steam ~ l a n t at thesite will be &sed down ternoorarilv in December of 1998. The EMS station d e ~ e n d s on the steam meration for heat.

~. - tdOLY, T~IEREEW BE IT RESOLVED- authorized to execule on b e h d f d S u l l i v a n Countv an aoreernent with the City of K i n q s p m bpar t rnent for temoorarv housino of one (1) Sullivan Count!, Erneraency Medical Service ambulance at the fire station on West Stone Drive.

- All !esalotions ill cottflict herewith be and the same rescinded insofar as such conflict exist.

This resolutiou shall become efteclive on . 19, tlre public welfare requiring it.

INTRODUCED BY COMMISSIONER Mayes ESTIMATED COST:- SECONDED BY COMMISSIONER PatrickPiercc FUND.

COMMENTS: F I R S T R E A D I N G 1 0 / 1 9 / 9 8 APPROVED 1 1 / 2 3 / 9 8 R O L L C A L L

Cotnrnittee Action

Administrative

Uudget

Exec11 tive

Approved

Commission Action - Iloll Call

Voice Vote

Disapproved

r Nay

Pass

I.

Deftrred Date

Absent

2

Total

HOLSTON DEFENSE CORPORA,TION 4509 WESTSTONE DRIVE

KINGSPORT, TENNESSEE 37660-9982 relephonm: 1423) 578-6315

FAY U h r : (423) 247-2261

August 18, 1998

Mr. Jerry Fleenor, Director Sullivan County Emergency Medical Service P. 0. Box 389 Blounh.ille, TN 37617

Dear Mr. Fleenor:

RE: Agreement 143-0080

As you are aware, Holston Defense Co~poration will not be the operating contractor for Holston A m y Ammunition Plant aiier December 31, 1998. The agreement between Holston Defense Corporation and Sullivan County EMS will terminate on that date.

It is reconlmended that you contact Mr. William Dillon, Administrative Contract Office, Property Manager (578-6296) at Holston Army Ammunition Plant di cuss what fut re action needs to be taken in order for your continued use ofthe facility. &d fl-2 In review of the file on this agreement there fmve been some very interesting developments; however, all in all it has been a mutually beneficial arrangement. I wish you the best in future relationships with Holston A m y Ammunition Plant personnel.

Very truly yours,

HOLSTON DEFENSE CORPOUTION

ames D. Sta ar w- /Advanced Administration Representative

RESOLUTION NUMBER f l ( 5

' 10 TFIE IIONOIlABLE GIL IIODGES, COUNTY EXECUTIVE, AND TIIE MEMBERS OFTEIIE SULLIVAN COUNTY BOARD O F COMMISSIONERS IN Ke& SESSION '1.1 [IS 'I'IIE a h DAY 01, Qclnlm 19%;

IIESOLU'I'ION AIJTH01<171N(; A ~ ~ r ~ r i a t i i > r l of $'lSJ~OO to CASA of Sullivar\ C.ounly. L C u ~ ~ A y p o i n t e d Special AcIv~>ci~tes for cl~il(l!er~ - A Vi~ l~~ntce r Or~anizi~tio!i] -

WHEREAS, TENNESSEE CODE ANNOTATED; SECTION .AUTHORIZES COUNTIES TO

NOW, TIIF,REFORE BE IT RESOLVED by the Board of County Co~nrnissio~le~s of S111livan Co~~nty , Tennessee, assc~uhlcd in Resolar Session on t l i e m ~ day of Octobcr 1 9 ' ) 8

THAT WHEREAS. CASAvanteerS are Court Auuointed Soecial Advocates for children - trained community voiunteers a~pointed bv a iudae to "soeak LID for a neqlected or abused child" in court, and --- .-

WHEflffiAS, Once acceded into the oraanization. CASA volunteers are trait~& courtroom procedure. social service and iuvenile court svstems and the s ~ e c i a l neecluf -- children who have been abused and nealected. Thev are also trained how to effecaely Lnterview ~ a r t i e s to a case , investio~te and access r e c a d s and how to write a r e g o m their findinas and recommendations in order to be ~ L I I ~ reo oared to "Soeak uu for a c h w i m r t , - --A - - NOW. TtiEREFORE BE IT RESOLVED, That the Suliivdn Countv Board of Commissinnel~ authorizes a one-time aepropriation of 515,000 to CASA of Sullivan Count- Undesiqnated Fund Balance 39000.000 for FY 1998-99, and

All resolutions in co~~fl ic t llerewitl~ be and the same rescinded insofar as such conflict exist.

This resolutiol~ sl~all become effective on 19, the public welfare requiring it.

INTRODUCED BY COMMISSIONER Belcher ESTIMATED COST:___ SECONDED DY COMMISSIONER Patrick FUND:

COMMENTS: FIRST R E A D I N G 1 0 / 1 9 / 9 8 APPROVED A S AMENDED 1 1 / 2 3 / 9 8 ROLL CALL

r

Comn~issio~l Action

Roll Call

Voice Vote

Disapproved Committee Action

Ad~ninistrative

nodget

Executive

Approved

-

Aye

2 2

Deferred Dale

Nay Pass

1

Absent

1

Total

What Is CASA?

What Does A CASA Volunteer Do?

CASA Needs You

Home. Far many people-the lucky ones-the Volunteers are making a difference for many Thereare abused and neglected children in your word "home" evokes memories of a safe neglected and abused children. The volunteer community who nerd your support. CASA of childhood place. There were people "at home" advocate works only two or three cases at a Sullivan County is only a phone call away. Call who cared for you as no one else ever did. What time, developing a relationship and rapport with us now lo apply lo volunleer as a Court Ap- could be more basic to the well-being of a child7 the child being served while independently in. pointed Special Advocate. If volunteering is not But the sad reality is that each year millions of vestigating the case and reviewing all pertinent practical for you at this time, please consider of. children are neglected, abused, or abandoned by records. The advocate can then speak for what fering your financial support. Your contribution their families. the child wants and needs from a fresh objec- to CHSA of Sullivan County will enable us to

tive, layman's 'common sense' viewpaint, mak- continue to help children through the most These young victims end up in court.1t is up to a ing sure that the child is not lost either in the frightening, bewildering time of their liver. judge to decide their future. Imagine you are the courtroam debate or in the intricacier of the judge. You must decide whether to take a three child welfare system. The CASA yolunteer's year old out of the only home she knows report to the court is full of the kind of detailed because she might be abused, or leave her in information a judge needs to make an informed

Speak Up For A child. that home only to find out later that something decision based on the best interest af thechild. Contact terrible has happened to her. Should you order the child to remain in foster care? Should the

CASA of Sullivan County family be reunited? IS adoption the best option YOU Can Become Today. for the child? Such weighty decisions require not only wislom, but information. A CASA Volunteer Sadly, children in court can become victims a CASA volunteers come from all walks of life. second time. Many child welfare systems carry They have a variety of professional, educational, overwhelming caseloads which do not permit and ethnic backgrounds. Many are working peo- them to pay close, individual attention to the ple. Many are retired. Many are full time child whose needs and fears are so great. Many homemakers. No special experience is required. children remain adrift in the system without a Volunteers are selected on the basis of their ob- voice. jectivity, competence and commitment.

That's where CASA comes in. Once accepted, volunteers are trained. They learn about courtroom procedure, social service

CASA volunteers are Court Appointed Special and juvenile court systems, and the special

Advocates for children - trained community needs of children who have been abused and

volunteersappointed by a judge to "speak up for neglected. They are trained in how to effectively CASA of Sullivan County a child" incourt. interview parties to a case, how to investigate 317 Shelby Street

and access records, and how to write a report of their findings and recommendations. The Suite 206 volunteer is fully prepared to ''speak up for a Kingsport. Tennessee 37660

m child" in court. (423) 247-1 171

LWS"Xt"mn.

SUBSTITUTE RESOLUTION NO. 8 TO THE HONORABLE GIL HODGES, COUNTY EXECUTIVE, AND THE MEMBERS OF THE SULLIVAN COUNTY BOARD OF COMMISSIONERS IN ADJOURNED SESSION ,TIIIS . r m 23" DAY OF N O ~ ~ E R , I 998.

WIiEREAS, TENNESSEE CODE ANNOTATED; SECTION AUTHORIZES COUNTIES TO

NOW, THEREFORE BE IT RESOI.VED by the Board of County Commissioners of Sullivan County, Tennessee assembled in Adjourned Session on the 23" day of November, 1998.

WEREAS. Rifkin Acquisition I'arlners. L.L.L.P. ("Franchisee"\ is a current holder of a,

Wll:REAS. Franchisee and Robin Media Grouv. Inc. UnterMedianLwhich currentlv holds -.

to inti,!Media of a l l , f ~ ~ ! ~ e a e t s of the Hickory Hill ~vstemn excludine Franchisee's rights and .- ,

oblib~tions under the Franchise: and - - WITEKEAS. Franchisee and InterMed~a have submitted an a~plication in a c c o r d a n c e w m

WHEREAS, the Aulhoritv has determined that it is in the best interest of the Authority and -. residents thereof to avvrove the sale. assignment and transfer of the Hickotv Hill S v s t m fnter~edia a ~ d to apjrovc the consolidation bvInterMediaof the newlv acquired Hickory Elill Systgnh~o.~s_~.u~r~nt_S~~lliyan(:ou~j&.cablesystet~~ operations under the tenns of the IntcrMedia Franchise in accordance with this Reso lu t i~~~ : -- - --- -- NOW. TKEREFORE. BE IT RESOLVED by the County Commission of Sullivan C o u n t ~ Tennessee as follows: ...

Section 1 . The Authoritv hercbv consents to and-aperoves the sale. assinnn~ent and transfer by Franchisee of all of the asscts of the Hickory IIill Svstem relatine to the oeriod from and afler the_ date of the consurnma?ion of the sale (the "Closinn Date") to InterMedia its successors and assigns.

Section 2. The F m c ~ b v Franchisee shall become null and void oti and afler the -- Closinr! Date. EKective on and after the Closine Dare and subiect to Section 3 of this Resolution. InterMediars ownership and o~eration of the Hickow Hill Svstem acquired From m h i s e e shall be subiect to all of InterMedia's rights and obligations under the I n t e a Franchise. Unless otherwise provided herein. the consents and aavrovals herebv given do no[ constitute and shall not be comnr.e&o constitute a waiver of arlv rirhts or obligations of a x francllisee under the InterMedia Franchise. -

__Section 3 . (a) Section 14(c) of the IrlterMedia Franchise shall be intemreted to<llow &&{edia until December 3 I . 2000 to reolace the existing cable plant serving the IGckoq Hill

__&JA,Au&c .Iai!lgmte- Scction 6 of the 111terMedia Fra~lcIi~erha!!~hed~e!&e_d_'m Wenfiretv arlrl rq-d with the f&ig:

--

SUBSTITUTE RESOLUTIONNO. Page Two

for the recintlv acquired Hickorv Hill Svstem which shall be &able of delivering 70 channels to all customers bv December 3 1.2000.

valid and 'ndina c o n t m between Authoritv. Franchisee and InterMedia: provided. however. that this Resolution shall be void unless Franchisee and InterMedia shall. within ninetv (901 davs atler the final oassaue of this Resolution file with the Cwntv Executive of the AuthoriQ a written acceotance ofthis Resolution aaeeina that thevwill comolv with a l l of the ~rovisions and conditions hereof and that thev willrefrain from doing all ofthe things orohibiied bv this Resolution.

- - -

All resolutions in conflict herewilh be and the same rescinded insofar as such conflict exist.

This resolution shall become effective on , 19, the public welfare requiring it

day of % 19%

Date:- C O W EmGw

INTRODUCED BY COMMISSIONER & JES ESTIMATED COST, - SECONDED BY COMMISSIONER 1 Lt-b- FUND:

COMMENTS: APPROVED 1 1 / 2 3 / 9 8 ROLL CALL

RESOLUTION NUMBER ~4 TO TIlE IIONORABLE GIL HODGES. COUNTS EXECUTIVE, AND THE MEMBERS OFTHE StJ1.I.IVAN COUNTY BOARD O F COMMISSIONERS IN SESSION IHIS THE 19A DAY O F mol,er 1 9 L

IIESO1,U'I'ION AUTfIORIZINC; STOP Sigris on Vari~~us Roads in tl!e 11th Civil Dis t rb

WIIEREAS, TENNESSEE CODE ANNO'I'ATED; SECTION .AUTHORIZES COUNTIES TO

NOW, THEREFORE BE I'I' RESOLVED by the Board of County Commissioners of Sullivan County, Tennessee, asser~rbled in Reelrlar Session on the J!J& day of October 19%

THAT B E T RESOLVED. That STOP sians be ulaced on the roads listed below a$ recommended in c o r w n d e n c e from the Sullivan Cmntv Hiahwav Department:

11 th Civmistrict:

S T O E i a n - Emerson Street at Bloominadale R 7 d

STOP S i a n - C o v e Street at Emerson Street

- STOP Sian - on MJIoAat Wolfe Street -

- - STOP - on Glbbs Road at Leeland Drive G t h s i d e s l -

STOP Sian - on Val!ev Slreet [both ends1 at Gravelv Road

STOP Sign - on P i n e k s t Street at Bloominadale Road ~-

STOP Sign - on Delivia Street at Bloominadale ~ o a r -- .-

-- - STOP Sian - on Rockv Lane at Bloominadale Road

STOP Siqn - on Church Lane a1 Bloorninadale Road

All resohrtiotls ill col~flict llerewitlr be and tile same rescinded insofar as sucl~ conflict exist.

This resolution sllall become effective on . 19, the public welfare requiring it

5 day of NOW. , 1 5 y

D a t e : m g Date:- Cuvn,y E x e i u l i " ~

u INTRODUCED BY COMhlISSIONER K~lqore ESTIIVIATED COST:__ SECONDED BY COMMISSIONER S u r g e n o r FUND:

Committee Action - Adlrlir~istr;~tivt

Budget

Exccuti\,e -

Approved Disapproved Deferred -

Date .

RESOLUTION NO.^ 7 Page Two

Absent Total

Roll Call 2 1 3 .

Voice Vote P

COMMENTS: FIRST READING 10/19/98 APPROVED 11/23/98 ROLL CALL

SULLIVAN COUNTY HIGHWAY DEPARTMENT

P.O. BOX 590 BLOUNTVILLE, TENNESSEE 37617

John R. LeSueur, Jr, Commls~J~nsrafHlghwayr

(423) 279-2820 FAX (423) 279-2876

October 9, 1988

& f l T COI*lMISSIONERS: Elllot Kdgore /

Michael Surgenor

Dear Cununissioneir:

I would like to request [hat you consider pvsring the following reiolutionr:

(1) .4 STOP sign be placed on Ernerror Sheet at Bloomingdale Road

( 2 ) A STOP sign be placed on Cave Street at Emerson Sheet.

( 3 ) A STOP sign be placed on M. Road at Wulfe Street.

( 4 ) A STOP rign be placc on Gibbr Roadat Leeland Drivc, both rides.

5 A STOP sign br placed a n Valley Sheet, bath ends at Gravely Road

( 6 ) A STOP sign be placed onPine11uist Street at Blaorningdale Road.

(7) A STOP sign be placed on Delivia Street at BLoomingdrle Road.

(8) A STOP sign be placcd on Rocky Lanc at Bloorningdule Road.

(9) A STOP rign be placed an Church Lanc at Blootiiingdale Road

These are in the I I"' Civtl Dirrrict.

If you have any questions, please Ice1 free to contact me

Sincerely,

8,eph-P- Ralph Pope Traffic Coordinvto~

RPljb

c: Shirley Gurgnnus

RESOLUTION NUMBER &/o TO THE HONORABLE GIL HODGES, COUNTY EXECUTIVE, AND THE MEMBERS OFTHE SULLIVAN COUNTY BOARD OF COMMISSIONERS IN &g& SESSION THIS THE 29th DAY OF 1 9 L

RESOLUTlON AUTHORIZING 25 MPH Speed Limit on Heather Glen Drive - 14th Civil Distrid


NOW, THEREFORE BE IT RESOLVED by t h e Board of County Con~niissioners of Sullivan County, Tennessee, assembled in Reeular Session on the 19th day of October 19%

TIlAT BE IT RESOLVED. That a 25 mDh soeed lirn'l be 0laced on Heather Glen Drive 3s recommended in COrreSO~nden~e from the SLI ivan C o ~ n t y Hiahwav Deoartment.

All resolutior~s in conflict herewith be and the same rescinded insofar as such conflict exist.

This resolution shall become effective on . 19, the public welfare requiring it.

Duly pa ed a approved is 23 day of , 19-98

D a t e : m T ! Date:- 1 : Caunly Clerk county Exccuuur

INTRODUCED BY COM~MISSIONER Jones ES'I'Ih1KI'I:D COST:- SECOYDED BY COMhllSSIONEII Carter I:UKD.-

- --

Executive

Committee Action

Administrative

Budget

COMMENTS: FIRST R E A D I N G 10 /19 /98 APPROVED 11 /23 /98 ROLL CALL

Approved Disapproved Deferred Date


P.O. BOX 590 BLOUNNILLE, TENNESSEE 37617

John R. LeSueur, Jr. Gommlrrlonsrol Highways

(423) 279-2820 FAX (423) 279-2876

October 9, 1968 &G$F . .

COLMMISSIONCRS: June Carter Samucl Jones

Dear S a r m ~ ~ s s i o n r r i :

I would ltke to request that you consider pairing the following ierolurian:

(1) A 2 5 MPH SPEED LIMTI'be placed on ilea0,er Glen Drive.

' I ' l ~ l i l i in thr 14* Cwil Dirnlcl.

I f you lhave any questio~lr, ylevic feel free to cootact mc.

Sincerely,

Rvlplr Pope Traffic Cooidlnator

RESOLUTION NUMBER / I TO THE HONORABLE GIL HODGES, COUNTY EXECUTIVE. AND THE MEMBERS OF THE SULLIVAN COUNTY BOARD OF COMMISSIONERS IN SESSION THIS THE DAY OF 19%

RESOLUTION AUTHORIZING 25 MPH Speed Limit on Hicks Road - 9th C.D.


NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Sullivan County, Tennessee, assembled in Re~ular Session on the 19th day of October 19%

THAT BE IT RESOLVED. That a 25 rnoh SDeed limit be olaced on Hicks Road a s Ecommended in corresoondence from the Sullivan Countv Hiahwav Deoartment.

All resolutions in conflict herewith be and the same rescinded insofar as such conflict exist.

This resolution shall become effeclive on 19, tlie public welfare requiring it.

i , lNTRODUCED BY COMMISSIONER Hvatt ESTIMATED COST:- SECONDED BY COMMISSIONER Mason FUND:

I I I I I

Voice Vote W Commission Action 1 Aye 1 Nay 1 Pass Absent Total

ROII Call I 21 3


P.O. BOX 590 BLOUNNILLE, TENNESSEE37617

John R. LeSueur, Jr. ~n~rn;srIoosro~nlghwavrys (423) 279-2820

FAX (423) 279-2876

October 9, 19V8

COMMISSIONERS: Malwin Hyalt Dwbght Mason

Dear Commiision~:xs:

I wooid like to request tllar you consider p%s~<ng tile lullowlng ~erolution:

( I ) A 25 MPM SPEED LIMIT be placcdan Hccks Road.

Illis is >n t l ~ c 9' Civil District

If yoti h a v e any qucatians, please ftcl Cree lo colltact me.

Ralph Pope Traffic Coordinator

TO THE HONORABLE GIL HODGES, COUNTY EXECUTIVE, AND THE MEMBERS OF THE SULLIVAN COUNTY BOARD OF COMMISSIONERS IN SESSION THIS THE DAY OF Q&&x 1 9 9 8

RESOLUIION AUTHORIZING STOP Sians on Ivanhoe and Maplewood Streets - 15th Civil District


NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Sullivan County, Tennessee, assembled in Reeular Session on the 19th day of October 1 9 a

THAT BE IT RESOLVED. That STOP sions be olaced on the streets listed below as recommended in corres~ondence from the Sullivan Countv Hiahwav Department:

15th CIVIL DISTRICT:

STOP Sian - on lvanhoe Street at Ridae Road

STOP Sian - on lvanhoe Street at Bluearass Drive

STOP Sian - on Maolewood Street at Bluearass Drive

~-

- All resolutions in conflict herewith be and the same rescinded insofar as such conflict exist.


Duly passed an approved this day of November, 199_8

?& i & ~ & a i e : m 6 county clerk Cam,y cxccuf~vc Date:-

I -, INTRODUCED BY COMMISSIONER Cnildress ESTlhlATED C0SI':-

SECONDED BY COMhllSSIONER Williams FUND:

11 Executive I I I I 11

Committee Action

Administrative

Budeet

-

COMMENTS: FIRST R E A D I N G 10/19/98 APPROVED 11 /23 /98 ROLL CALL

Approved Disapproved Deferred Date


P.O. BOX 590 BLOUNTVILLE. TENNESSEE37617

(423) 279-2820 FAX (423) 279-2876

COMMISSIONERS: Fred Childrcsr Eddie Willia~ni

Dear Comniirsioilr~s:

I would like to request that you consider pairing the following resolutions:

( I ) A STOP rigrl be placcd on lvu!d,oe Slrect at Ridge Road.

2 A STOP sign be placcd on luallitoe Streel at Dluegiars Drive.

( 3 ) A SrOP sign be placer1 onMoplewaod Street at Bloegranr Drive

nlesc are in the 1 5 ' ~ Civil Diarrtct.

If you have any quesrions, please fecl Cree to contact me.

Sincerely,

Ralph Pope Traffic Coardinatar

RESOLUTION NUMBER &&

TO THE IIONORABLE GIL I-IODGES, COUNTY EXECUTIVE, AND THE MEMBERS OFTNE SULLIVAN COUNTY BOARD OF COMMISSIONERS IN &&J SESSION THIS THE 22b DAY OF October 19%

RESOLUTION AUTFIORIZING STOP Sian on L u q Place - 10th C.D.

WHEREAS, TENNESSEE CODE ANNOTATED, SECTION .AUTHORIZES COUNTIES TO

NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Sullivan County, Tennessee, assembled in Regular Session on the J& day of October 198_

TI IAT BE IT RESOLVED. That a STOP sion De ~jaced on Lucv Pace at LLCV Road and Y i w m Street as recommended in corresoondence from tne S ~ l l van Co~ntv H ahway



2_1_ day of November . 19%

I ! D a t e : m j county P ? u ~ , v ~ Date:-

In' I'RODUCED DY COXlMISSIONER Patrick ESTlhlA'ITD COST:- SECONDED BY COXlhllSSIONCR Blalock,Gonce FUND: --

Committee Action

Administrative

Budeet

Executive I

Approved

Commission Action

Roll Call

Voice Vote

Disapproved

COMMENTS: F i r s t R e a d i n q 1 0 / 1 9 / 9 8 APPROVED 1 1 / 2 3 / 9 8 ROLL CALL

Aye

2 1

Deferred

Nay

Date

Pass Absent

3

Total


P.O. BOX 590 BLOUNTVILLE, TENNESSEE 37617

(423)279-2820 FAX (423) 279-2876

Dear Curmnrciioners:

I would lke to request lhal you consider parsing llle iollowlng resolution:

( I ) A STOP sign be placed on Lucy Placc at 1.ucy Road and HickamSrrrct.

This i s in !lie laU' Civil Diinict.

I f you huvc .my qucslioilr, please reel fret lo conlact me

Ralph Pope Traffic Coordinator

RPIlb

c Shuley Gurganui

RESOLUTION NUMBER / 7 TO THE HONORABLE GIL HODGES, COUNTY EXECUTIVE. AND THE MEMBERS OF THE SULLIVAN COUNTY BOARD OF COMMISSIONERS IN SESSION THIS THE l!U DAY OF October 19%

RESOLUTION AUTHORIZING 35 MPN Sneed Limit on All Sullivan Countv Ron& Unless Pmted Otkrwise


NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Sullivan County, Tennessee, assembled in Resular Sessio~l on the 19th day of October 1 9 9 8

THAT BE IT RESOLVED. That the soeed limit on all Sullivan Countv roads maintained bV the Sullivan Countv Hiahwav Deoartrnent shell be 35 m ~ h unless oosted otherwise.



2 3 day of November . 1928

Date:-, coun,y Clc* County eXccu,iw

INTRODUCED BY COMMISSIONER McConnell ESTIMATED COST.- SECONDED BY COMMISSIONER Maves FUND:

Committee Action Approved Disapproved

Administrative I 11 Budeet I I I 1 11 11 Executive I I I I 11

Colnmission Action

Roll Call

Voice Vote

COMMENTS: FIRST READING 10/19/98 APPROVED 11/23/98 ROLL CALL

Nay

2

Aye

1 9

Pass

1

Absent

2

Total

RESOLUTION NUMBER - %'19 T O THE HONORABLE GIL MODGES, COUNTY EXECUTIVE, AND T H E MEMBERS OP'171E SULLIVAN COUNTY BOARD O F COMMISSIONERS IN SF,SSION THIS TIIE a DAY 01' 0- 19

RESOLUTION AIYI'I-IORIZING C ~ n ~ n t v C1~1nmissio1l to ){ear all Zoning ISSIICS (III

Foitrt!~ M o n c l : i ~ f Each Man! -

WHEREAS, TENNESSEE CODE ANNOTATED; SECTION ,AUTI-IORIZES COUNTIES TO

NOW. THEREFORE BE IT RESOLVED by the Board of Cour~ty Commissioners of Sullivarl Coullfy, Tennessee, assernblerl in Regular Sessioll on the 19th day of Octoher 19%

1 H A T m E E n E A S . many Sullivan Countv citizens are unab-attend zonina meetlnqs due to their workina hours: and --

WHEREAS, niqht meetinos on zoning issues separate f r o a h e reoular County Commission meetina mav imnrove the Drocess for both aqendas:

NOW. Tt!EREFORE BE IT ~ ~ s 0 1 G i ~ j h a t t h e Sullivan Countv Board of Commissioners hold a seoarate meetino for the pureose of hearinq all zoninq issues on the fourth .Mondav of each month beainnina at 7:OO p.m. and that all other Countv commission aoenda items shall continue to be heard on the third MO-f each month staflino at 9:OO a.m.

All resolutiolrs in conflict llerewitll 11e and the same rescinrlcd insofar as such cotiflict exist.

This resolution sl~all become eE£ecti\,e on . 19, the public welfare requiring it.

Duly passed and approved this - day of , 19&

Attested: Date:__ Date:- caul,ly clerk county nrcrutivc

INTRODUCED BY COMMISSIONER Maves ESTIMATED COST:- SECONDED BY COMMISSIONER FUND:

COMMENTS: F i r s t R e a d i n g 1 0 / 1 9 / 9 8 TADLED 1 1 / 2 3 / 9 8 VOICE: VOTE

Con~mittee Action

Administrative

Budget

Executive -

Approved Disapproved

Com~nissiot~ Action

Roll Call -- Voice Vote -

Aye

X

Nay

Deterred -

Date

Total

.

Pass Absent

---L

RESOLUTION NO. -I COMMITTEE

TO THE I-IONORABLE GIL MODGES, COUNTY EXECUTIVE, AND THE MEMBERS OF THE SULLIVAN COUNTY BOARD OF COMMISSIONERS IN REGULAR SESSION THIS THE &DAY OF October, 1998.

ESOI.UTION AUTHORIZING THE TRANSFER OF VACANT STATE EMPLOYEE POSITION TO COUNTY EMPLOYEE POSITION

WHEREAS, TENNESSEE CODE ANNOTATED; SECTION AUTHORIZES COUNTIES TO

NOW, TFIEREFORE BE IT RESOLVED by the Board of County Commissioners of Sullivan County, Tennessee assembled in u r Session on the &day of October, 1998;

WHEREAS. A Nealtll Educator nosition (State) at the Sullivan Countv Reeional Health Denarlment i s vacant. and

WHEREAS, Since the Health Deuartment is a Regional office bv ameement between the State of Tennessee and Sullivan County. any vacancv occumng in a State vosition becomes a County position.

NOW, THEREFORE BE IT RESOLVED. Tl~at the fundine in the FY 1998-99 bndget for this position be reallocated as follows:

551 10.300 Local Health Contracted Sewices Decrease 31.351 551 10.100 Personnel (Class JI 23.608 551 10.201 Matchina FICA 1.470 58600.204 Consolidated Retirement System 1.640 58600.212 Matching Medicare 344 58600.206 Enmlovee Life lllsurance 39 58600.207 Emvlovee I~Iealth Insurance (FamilvI 3,984 58600.208 Emolovee Dental Insurance 266

All resolutions in conflict herewith be and the sa111e rescinded insofar as such conflict exist.


day of .19?

Date:- Coull,yEX~cullve

INTRODUCED BY COMMISSIONER Hvatt ESTIMATED COST: SECONDED BY COMMISSIONER Ham FUND:

COMMENTS: "ASK FOR WAIVER OF RULES*'

FAILED - 1 0 1 1 9 / 9 8 APPROVED 1 1 / 2 3 / 9 8 ROLL CALL

NOTE: C o m i s s i o n e r H y a t t requested R e s o l u t i o n 1116 be p u t back - C- o n 1st R e a d i n g a t C o m i s s i o n M e e t i n g o f 1 0 / 1 9 1 9 8 . Be

will r e q u e s t c o r r e c t i o n t o t h e M i n u t e s of 1 0 1 1 9 1 9 8 t o reflect t h i s r e q u e s t

RESOLUTION NUMBER

t

TO THE IIONORABLE GIL HODGES, COUNTY EXECUTIVE, AND n l E MEMBERS O F Tf-II? SULLIVAN COUN'TY BOARD O F COMMISSIONERS IN Acliourncd SESSION THIS 'THE 3 r d DAY O F November 1 9 9 L

RUSOLIJ11ON AU1'I~ORIZING S~rIliyi~!LCourrtv School Dep:lrt!!lent An~encling 1998.99 a~c lge t for lllc Safe ScI~ooIs Act Cira11t Irlthe Amorrnt of $,(,I)X(!(L --

-- -- WIIEKEAS. 1%NNESSEE CODE ANNOTA'ED; SECTION .AU'I'HORIZES COUNTIES TO

NOW, THEREFORE BE IT RESOLVED by the Board of County Comrnissior~ets of S~rllivan County, Tennessee, assenrbled in Adiol~rned Sess io~~ on the day of pJovernber 19'18

TIIAT WHEREAS, The Sullivan Co&nlQQeuartment of Education has a ~ ~ l i e d for and has been aooroved for a grant ~ertainina to the Safe Schools Ac!, and

WtIEREAS. TheSullivan Countv-School Board has aooroved amending the 1998-99 School Qudaet f_orthepuroose of imulernentina lerrns aareed to in the arant. - NaW. THEREFORE BE IT RESOL.VED, TIiat the Sullivan Countv Board of C o r n m i s U P a anproves amending-the 1998-99 Schoo!~_D&~L&~!lows.The Countv's match is tha .~ current budaeted e D e n s e s for the SEl lp roa ram: no additional countv funds are .- necessarv. This is2.1eimbursement t y ~ a r a n t . -- .- --

46980 000 Otlie&tatc Grants - - - -. + 1 3 8 . U 3 . 0 0

72210.307 Cornrnui1ication -- - + 43 ,503 .00 72210.308 Consultants + 11_,200.00 - 72210.399 Other Contra-d_Services * 2.000.00 72210.429 Instructional ~ e n a l s / S u u o l i e s -- 1- 4,500.00 72620.426 General Construction Materials + 68,400.00 72710.727 Surplus Equipment -. + ~.OOO.O~'-..-_..-.

~- -- -- All resolutions in cor~flict herewith be and the same rescinded insofar as such co~~fl ic t exist.

This resolution slrall beconre elfeclive on . 19, tile public welfarc requiring it.

INTKODIJCED BY COMMISSIONER Patrick E S T I M A E D COST: 138.603.00 SECONLIED BY COMMISSIONER B. Kinmouser FUND:Gen. Purpose Scllonl

COhfhIENTS: APPROVED 1 1 / 2 3 / 9 8 ROLL CALL

Committee Action - Adr~~ii~istrative

Budget

Executive

Approved --

--

Commission Action

Roll Call -. --

Voice Vote

Disapproved

AY e

2 1 --

Deferred Date

Nay Pass Abserrt

3

Total

RESOLUTION NUMBER a TO THE HONORABLE GIL HODGES. COUNTY EXECUTIVE, AND THE MEMBERS OF THE SULLIVAN COUNTY BOARD OF COMMISSIONERS IN Adiourned SESSION THIS THE DAY OF November 1 9 5 8 ,

RESOLUTION AUTHORIZING 4-Wav STOP Siens at the Intersection of Maolehust Lane and Elm Lane in the 4th Civil District

WHEREAS, TENNESSEE CODE ANNOTATED; SECTION AUTHORIZES COUNTIES TO

NOW, TIEREFORE BE IT RESOLVED by the Board of County Commissioners of Sullivan County, Tennessee, assembled in Adiourned Session on the day of November 1918,

THAT WHEREAS. Residents have submitted a oetition reauestino that 4-wav STOP Bians be daced at the crossina of Elm Lane and Maolehurst Lane in the 4th Civil District,

NOW. THEREFORE BF IT RESOLVFD. That the Sul ivan Co~ntyBpsrdaf Cornm~ss~onerq a~thorizes the olacement of 4-Wav STOP dons at the nrersection of Elm Lane and -- Maolehurst Lane.



Date:- County Clcrt County Exuul8ve

INTRODUCED BY COMMISSIONER Milhorn ESTIMATED COm- SECONDED BY COMMISSIONER Belcherlllouser FUND:

COMMENTS: WAIVER O F RULES APPROVED 1 1 / 2 3 / 9 8 ROLL CALL

Soh11 R. LeS~ceur, Jr. Comnrissioner or ~ i y n w ~


P.O. BOX 590 BLOUNTVILLE, TENNESSEE 3761 7

(423) 279.2820 FAX (423) 279-2876

November 12, 1998

COMMISSIONERS. Carol Belchci Dennis Houser Paul hlill~orn

Dear Commissioners.

I would like to request tliat you coniidcr parsing the following reroli~tton:

STOP signs be placed ou Maplehurrt Lanr at Elm Lane making it u ?-WAY STOP per Resolution No 23.

This is in tlic 4"' Civil Dirrricr

Ifyou have any questions please Secl free to contact me

Ralph Pope Traffic Cou~dinatar

& R C Z ~

TOTHE CM/IMISSIONERS OF SULLIVAN COUNTY. w/s'@

lhe cllvcus of MaplJlwsl SuMvls~on ur exlrnncly concenved ullh speedtng t d r c on blaplchura Lam txlucen US I I E and Hjghnay 37 spad lmll IS 2 5 MPH .More than a hunmed c m and wchs u x 1111s avcel in llle sukd~\$s1081 &llv as a shod c a bnwxn the two hrgh~tays l m w d o f usmg ihc on and oll ramps.

Speeding cars have h e n clacked &iw 71 and 72 MPH. 40 to 60 MPEl is Ule common specd 25 to 40 MPH Is rare. Maybe 1 in 50 cars travel25 MPH or less.

We p i our iivcs in danger trying to ornu the sireti to o w mail boxes. Marv have ken aln:osl rear-ended uyblg to turn Into ow driveways When vying to walk on this sheet, we have to lx very cautious lo W Imln being killod Sullivan County ShdfPs DepDnmmt sets up occasionaUy for a few mimrles, W that's only elkdive while Utey are pesem.

To hclp slow llle tpsederr don.n. we Or wdcrugned ned you lo tnstall 4-nay slop s l y on Maplcllurn Lanc and Elm Lanc By do~ng w. II u ~ l l hdp lo saw a grtous accldrm o, to save n life

'lhulk you,

Name AWRss Phone

TO THE COMMISSIONERS OF SULLIVAN C O W :

?he c i l ims of Mapleltursl Subdivision are exlrelnely concerned with spcedingtnfiic on Maplehurst h e bclwecn US I I E and Hi&\v4 31, 'ilre spxdlimil is 25 MPH. More Ulan a hundred mrs and mcks use this stre1 in thc suMvision dady as a shon c1~1 betwen d ~ e two highways instead of using Ule on and off mnnps.

i , x ~ ~ t . r ~ , . , ( I < c :,\c I L , ~ L I S X L ~ ~ ~ I ~ 71 . J L I 7! lft5it 11, t.)m> htl'll r, the :>.IWNNI spxd 1 5 !J . Io kt1 I 1 ,<: \l.#!tv I t n 5.,.arsl,:n.t ?i ltr'll ;rI.?s

c L I g t o 5 I I I I 1 \Ls) lubehecn illnust ~lw-rn&4 1r)lltG 10 lllrn llllJ UUC ~ L $ C U ~ V I H l ~ l l Wllle 1<1 kdIk Jll lhls \LTCCI. U C hl$c 10 be N'r) c3ulluus to hwp from king k.llcd Sulll\m C~lrnlt Sllalfia Ikp~rtnlenl %I& upc~aslonall! for 1 feu mlnJla. hill llut s only cCCcciive while U l q arc presenl

To help slow tho spedcrs dowq we the undersignal ask you to insoll 4-way slop signs on Maplehunt Lane md Elm Lane. Ry ming so, it will help lo save a serious accidenl or lo save a life.

Name Address Phone

0398

TO THE COMMISSIONERS OF SULLIVAN C O W

Thc owmr or Maplehwrl Subd\rnon arculmmel) concsrncd ~ 8 t h p & g frmric on Maplehwa Lane h u c c n US I1 E and ndghghua) 37 Thc rpocd lunll a 25 MPH More lluna hundred can and mcks use thls a r u l in lhc SuMvlnon dalh as a shon cut k l w c n the two hghuayr rnncad oruang the on andoff r m p r

Speedirlg can have been clacked doing 71 and 72 MPH. 40 to 60 MPH is the common speed. 25 to 40 MPII is rarc Maybe I in 50 can Uavel 25 MPH or less.

We put our lives in danger aying lo cross the meel to our mail boxes. Many have been almost rearended wing to tun1 into our driveways. When Wing lo wallr on this -el, we have lo be very cautious to keep h o n ~ being killed. S d l h County S W s Department sets uparadonally far a few minutes. b u ~ that's ollly effective while they are presenl

To help dow Ule speedErs down, we the uadenigned ask you to install 4-way stop signs on Maplehum Lane and Elm L w . By doing so, it will helpm save a saiws accidem M. lo save a life.

Thank you,

Namc Address Phone

RESOLUTION NUMBER a 10 TIIE ~ I O N O R A B I E GIL FIODGES, COUNTY EXECUTIVE, AND n l E MEMBERS OF THE SULLIVAN COUN'IY B O Z ~ D OF COMMISSIONERS I N ~d iourned SESSION THIS THE 23rd DAY OF November 1 9 9 8

RESOLUTION AUTHORIZING 25 MPM Speed Limit on Weaver Creek Road - 3rd Civil District

WHEREAS. TENNESSEE CODE ANNOTATED, SECTION .AUTHORIZES COUNTIES TO

NOW. THEREFORE BE IT RESOLVED bv the Board of Countv Commissioners of . - - - , ~~

~ ~ ~-

Sullivan County, Tennessee, assembled in Adiourned Session on the a day of November 19&

THAT BE IT RESOLVED. That a 25 m ~ h speed limit be olaced on Weaver Creek Road a s recommended in corresoondence from the Sullivan Counh, Hiahwav Deoartment.


This resolution shall become effective on , 19, the public welfare requiring it.

. - 2 3 day of Novembeq 1928

Date:- County Clerk County Exccvtavc

, I ,../ INTRODUCED BY COMMISSIONER Hvatt ESTIMATED COST:- SECONDED BY COMMISSIONER Mason FUND:

Committee Aclio~l \ Annroved 1 Disavvroved I Deferred I Date 1 11 Administrative I 1 I I 11 11 Budeet I I I I 11

Executive 11

John R . LeSuerrr, Jr. Camniirrionar of Mghrays


P.O. BOX 590 BLOUNNILLE, TENNESSEE 37617

November 6,1998

COMMISSIONERS: Mawin Hyatt Dwight Mason

I would l ike to request that youconsider passing the foliawvlg resolution:

A 25 MPH SPEED LIMIT be plvccd on Weaver Creek Road.

nlir is in <be 3'* Civil Dirhict.

I f you have any qucsrions, plcnse Cecl free to conlact me.

Sincerely,

/&-- Ralph I'ope Traffic Coordinator

(423) 279.2820 FAX (423) 279,2876

RPijb

c: Shirley Gurgvnui

RESOLUnON NUMBER &

TO TIlE HONORABLE GIL HODGES, COUNTY EXECUTIVE, AND THE MEMBERS OF THE SULLIVAN COUNTY BOARD OF COMMISSIONERS IN Adiourned SESSION THIS THE a DAY OF November 19%

RESOLUTION AUTHORIZING STOP Sian on Johnson Cemetery Rwd at Island Road - 5th Civil District


NOW, THEREFORE BE IT RESOLVED by the Board of County Con~missioners of Sullivan County, Tennessee, assembled in Adiourned Session on the 23rd day of November 19%

THAT BE IT RESOLVED. That a STOP sian be olaced on Johnson Cemeterv Road at Island Road as recommended in correspmdence from the Sullivan Countv Hiahway Deoartment.


This resolution shall become effective on , 19, the public welfare requiring it.

day of November ,1950

Date:- cavnty Erccutivl

INTRODUCED BY COMMISSIONER Belcher ESTIMATED COST:- SECONDED BY COMMISSIONER HouserIMilhorn FUND:

Committee Action

Administrative

Budget

Executive

COMMENTS: WAIVER OF RULES APPROVED 1 1 / 2 3 / 9 8 ROLL CALL

Commission Action

Roll Call

Voice Vote

Approved

AY e

2 0

Disapproved

Nay

2

Deferred Date

Pass Absent

2 '

Total


P.O. BOX 590 BLOUNTVILLE, TENNESSEE37617

John R. LeSueur, Jr. Commb~lonsral Hlgbwoyr

Novcn~brr 6, 1998

COMMISSIONERS: CarolBelcbei Dennis Houscr Paul ~M~lbotn

Dear Comm>isrioners:

I would llke to requesl that youconrider passing the fallowing rcrolutian:

A STOP sign be placed on Iol~nion Ccrnetey Road at Island Road

Tl i~r is in tllc 5' Civll District.

I f you ilavc any qucsrionsplcare feel free to coilract me

Sincerely,

,Q+Lf%- Ralph Pope Traffic Coordinator

(423) 279-2820 FAX (423) 279.2876

RESOLUTION NUMBER

T O T H E HONORABLE GIL HODGES, COUNTY EXECUTIVE, AND T H E MEMBERS OF T H E SULLIVAN COUNTY BOARD O F COMMISSIONERS IN Adiourned SESSION THIS THE- DAY O F November 1 9 1 8 ,

RESOLUTION AUTI-IORIZING The Suoerintendent ofSullivan Countv Department of Edocation to Enter into Lease Arrangement for Driver Education Vehicles

- WHEREAS, TENNESSEE CODE ANNOTATED; SECTION 7-51-904 ,AUTHORIZES COUNTlES T O

NOW, THEREFORE BE I T RESOLVED by the Board of County Commissioners of Sullivan County, Tennessee, assembled in Adiourned Session on the day of Nove~nber 19P8,

TI-IAT WHEREAS. The Sullivan Countv Board of Education has aporoved the Suoerintendent to enter into a 24-month lease arranaernent with Bill Gatton Chevrolet fo[ the ouroose of orovidina vehicles for the Drivers Education class, a n d

WHEREAS. State auditors have advised the Deoartment of Education that l e a s arranaernents must have orior aporoval from the Sullivan Countv Board of Commissioners before the Suoerintendent rnav enter into such arranaements:

NOW. THEREFORE BE ITRESOLVED. That the Sullivan Countv B ~ a r d of Commissioners ~ . ~ l h o r i z e s the s~p.e[lntenoenr o f s ~ n o o s to enter into a &l-month!e~rran_geen! v& &=_a!ton Cnevrole~lor the ouroose of ~ r o u i a ' n ~ ~ e ~ s . ~ o ~ ~ . ~ & o u c a t i o n r . a ~

All resolutions in conflict herewith be and the same rescinded insofar as sllch conflict exist.

This resolution sllall become effective on . 19, the public welfare requiring it.

/ \ Duly paned &I approved&.$& day of November , 1949

INTRODUCED BY COMMISSIONER Blalock ESTIMATED COST:- SECONDED BY COMMlSSIONER Fereuson FUND:


RESOLUTION NO 2 7 TO T I E HONOMDLE G U IIODGES, COUNTY EXECUTIVE, AND THE hEhtBERS OF T I E SULLIVAN COUNTY BOARD OF COMMISSIONERS IN ADJOURNED SESSION THIS THE 23" DAY OF NOVEMDER 1998 ', ,

WtlEREAS, TENNESSEE CODE ANNOTATED, SECTION _ AU'lIIORIZES COUNTlES TO - _

NOW, THERESORE BE I'I RESOLVED by the Board of County Commissioners oFSulliva~l County, Tennessee assembled in Adjourned Session on the 23" day ofNovember, 1998;

NOW, TI1IEREFO= BE I'T ESOLVEDlllnt tlte SullivanCountv Board of Con~missioners hcgbv amrove @ ~ d autllorize tl~e S~lllivan Countv Attorne~ to settle tile matter of Rick Webb. et ux v. Sullivan count^ pendil!g in the C'krcuit Court for Sullivan Countv at Blour~tville. 'lerinessec, - hcin~yiLAiLtbr1 No C2412, on-mas set fort11 in the Full Release & Scttlernent Aareement attached hereto=?.

---- ( M ' N V E ~ O F RULES IEQUES'rED)

Ail resolutions io conflict hercwith bc and the same rescinded insoljr as such conflict exist.

This resolutiori shall becunle effective on . 19, the public welfare requiring it.

Duly passed and approved t h i s z day of November, 19%

L'vullly Exnrvlive

INTRODUCED BY COMMISSIOWK&. Morrell ESTIMATED COST: SECONDED BY COMMISSIONER -M. Vance FUND:

.- Conmiltee Action . Approved Disapproved -- Dekrred Date

Administrative

COMMENTS: W A l V E R OF R U L E S A P P R O V E D 1 1 / 2 3 / 9 8 ROLL C A L L

FULL E L E A S E 6 SETTLEMENT AGREEMENT

Sullivan County, Tennessee and Rick and Lisa Webb for

good and valuable consideration including the mutual

covenants contained herein, the receipt and sufficiency of

which is hereby acknowledged by all parties, agree to the

following terms of settlement and release:

(1) Rick and Lisa Webb shall dismiss with full

prejudice their lawsuit originally styled Rick Webb and E

Lisa Webb, Plaintiffs, vs. Sullivan County, Tennessee, J.C. 1 Clark and Joe K. Thomas, Jr., currently pending in the 4 Circuit Court for Sullivan County at Blountville, i- u Tennessee, Civil Action No. C2412 and do hereby fully \

release, acquit and discharge Sullivan County, Tennessee,

its officers, employees, agents and representatives, in

their official and individual capacities, from any and all C> - 7

claims and causes of action asserted therein or in any way - - arising from or related to the claims or causes of action

L (2) The Lease Agreement previously entered into by

asserted therein, and from any and all costs or expenses

and between the parties hereto, a copy of which is attached

associated therewith including, but not limited to,

litigation expenses and attorney's fees.

hereto as Exhibiz "I", is amended as follows:

?d U

The f i r s t s e n t e n c e o f S e c t i o n 2 o f t h e Lease Agreement w i l l be d e l e t e d i n i t s e n t i r e t y and r e ? l a c t d w i th t h e f c l l o w i n g languzge:

i.'.' . "The term o f :his l e a s e s h a l l b e g i n on Nove.nber 5, 1998 and sk.all end on Nove.mher 4 , 20G8, u n l e s s soone r t e r m i n a t e d a s p rov ided h e r e i n . "

( 3 ) E x h i b i t A r e f e r f r l c ed i n S e c t i o n 1 of t h e :,ease

Agreement i s hereby i d e c t i f i e d a s E x h i b i t "2 " a t t a c h e d

h e r e t o . S , ~ l l i v a n County he reby approves t h e l o c a t i o n o f t h e

e1gh:y ( 8 C I b o a t s i i p s i n Area A, t h e " s t o r e dock 10 s l i p s "

d e s i g n a t e d i ne reon a n 3 t h e l o c a t i o n o f t h e 40 ' x 8C' s t c r e

a s i n d i c a t e s on t h e p l a n a s "E". S u l l i v a n County he reby

approves and w i l l fo rwsrd t o TVA f o r T'JA rev iew end

app rova l t h e T W i "Permi t f o r Minor Water Use F a c i l i t i e s "

a p p l i c a t i 3 n a s s c b m i t t e d on *.pril 9, 1998 t o S u l l i v a n

Ccunty by i l c k Webb sub ; ec t , however, t o t h e unde r s t and ing

and agreer re r t between t?.e P a r t i e s h e r e t o t h a t o n l y t h o s e

F o r t l o n s of che p l a n d r m i n g s r e f e r e n c e d above: e i g h t y ( E O :

hoa: s l i p s i n Area A. " S t o r e Dock 10 S l i p s " and "E" " 40 ' x

5 C ' S t o r e " a r e approved b y S u l l i v a n County. Any f u t u r e

ar!di t icn of d i c k s , such a s t h o s e des ig : la t sd on X r . Wehb's

b l . ~ e p r i n t p1ar.s a s " F u t c r e Dock Areas" w i l l h e a t t h e s o l e

d i s c r e t i c n of S u l l i v a n County w i th f u l l unde r s t and ing t h a t

Su l l i va r . CoGnty may r e f l s e t o a g r e e t o such a d d i t i o n o r

e x s ~ z s i o n f c r any r ea son o r f o r no r e a s o n .

(4) Sullivan County will pay the sum of Three

thocs~nd dollars ( $3 ,000 .00 ) to Rick ax! Lisa Webb.

( 5 ) It is mutually understood and agreed thbt this

settlement is the compromise of a doubtful and disputed

claim, and that payment is not to be construed as an

admission of liability on the part of Sullivan County, its

employees, agents and representatives, by whom liability is

expressly denied.

(6) This release contains the ENTIRE AGREEMENT

between the parties hereto and the terms of this release

are contractual and not a mere recital.

(7) The undersigned further state that they have

carefully read the foregoing release and know the contents

thereof, and that they have signed the same as their free

act for the purpose of making a full and final compromise,

adjustment and settlement of the above-mentioned claims and

hereby acknowledge full release and satisfaction.

WITNESS our hands this - day of November, 1998 .

RICK WEBB

LISA WEBB

Plaintiffs

-. RICK J. BEARFIELD TN BOPR N o . A t t o r n e v f o r P l a i n t i f f s - Past O f f i c e B o x 4 2 1 0 CPS Johnscn C i t y , Tennessee 37602

SULLIVAN COUNTY, TENNESSEE

A t t e s t :

BY G I L HODGES, C o u n t y E x e c u t i v e

S u l l i v a n C o u n t y C l e r k

DANIEL P . S T R Z E T TN BOPR N o . 7365 S u l l l v a n C o u n t y A t t o r n e y P o s t Office Box 509 E:ountv:lle, Ter.nessee 3 7 6 1 7

LEASE *GltEE,,CNT

between

COUN'IIY OF SULLIVAN S'rXPI! 01? TENNESSEE

and

IlICK WL'UU

tor t i re pu rpose o c Opera t i ny t h e i r n c i l i t y

a t

1 ' i 'his Agreement is Inode and e n t e r e d i n t o by and beLueell t l ~ c I Couilty of Su l l i vn l l , S t a t e OP Tennessee. ( I t e r e i n o t t e r co l l c i l " c o u ~ ~ l y " ) , alrd Rick WelDb, ( h e r e i n a l t e r c;ll;d "Lessee") , wl>osc

/jaddreSs is 3299 ltock l la lds lload. " l u f f C i t y , Ycilnessee 3 i G 1 i l .

170r end i n co l l s i de r a t i on oP t h e ntutual b e n e r i t s ncc r -u in<~ t u i t l le p a r t i e s h e r e t o , t h e p a r t i e s hove ag reed and Ihereby enLer i81Lu ! th i r ; Aqreenlent accor<l iny Lo t i b e e x p r e s s covonnn t s , tc#-$it?; , i ? , l l l

cu8 iJ i t iu i l s a s I t e r e ina l t e r ' s t a t e d :

li I.. ' I ' I , ~ C O U , , ~ Y hereby issues to t i la lessee a iease L U U C C ~ , , V

ilud use, t o r t h e puipoees i n d s u b j e c t t o a 1 1 te r lns and c o , l J i t i o ; ~ ; ; I hc ro lnn t t e r s t a t e d , t h e to l lowi l ly d e s c r i b e d p r emi se s , r o c i i i t i c s .

1 I p r y l o c a t e d a t Obse rva t i on I n o b l,ark i . t ~ !;ul.ljvat> catlnLy, 'l 'ennessee, nore s p e c i P i c e l l y sllawn on t h e "lap i l t t a c l ~ e d t u Lhls docullient and made a p a r t IhsreoP i d e n t i f i e d a s Exl l i b i t A .

S a i d premises, P a c i l i t i e s , equipment atid p ~ . u l ~ e r t y i l l0

su ine t in~es rereured t a ttereirl as t l re pre i , , i ses or L i i e le.asecl r o c i l i t i e s . Tile use oC t i le p r emi se s by Lessee is I o r t l l e pur:pose

Tile co l l s t r uc t i on and o p e r a l i o n o l e general mercl~n81disc s t o r e , petroleunl s a l e s , t a c k l e , b o a t dock olxd r e n t a i s . Co l l s t r uc t i on p l a n s s l l a l l be approved by County p r i o r t o e x e c u t i o n o r t h i s Agl-eealenl: and t i le Coullty s h a l l o b t a i n TvA's p r i o r wri t t c l l n r>proval b e t o r e any c o n s t r u c t i o l t occurs on t h e s i t e o r "11 tliu

s h o r e l i n e or i n t h e water.. Lessee s l l n l l be respui l s i l , l c I m r a u ex l~e l l s s s rel i l t i tnu Lo 1.eSsee'a col~s t t :uc l ju t l ; l r d i#~rc,jccC. i a l # ~ I

a g r e e s t o snve l ~ n r m l e s s and ioden!nify county nlld 'I'VA ruoitl otly nncl l i a b i l i t y tlnerecroln i n c l u d i n g i ts c o s t s and reilsu#lnl,lc

a t t o r n e y ' s Cees i n t h e a v c n t of n c l a i a ~ , demand o r l i t i y a t i a l l I/ . . I nr- sing o u t oP t h e l e s s e e ' s c o n s t r u c t i o n andjur- o p e r a t i o , > o t 1ii.j

! I 'ortlxer, t l t i a e n t i r e Lease is made s u b j e c t t o t h e Ler'~lls and

c o t l d i t i o n s i n t i le Grant of Easeael,t Tor t h e county by t i le Teillbessce v a l l e y A u t h o r i t y , Con t r ac t No. 'l'v-4260OA d a t e d J u l y 2 5 , 19'15 to r

I 1 ~ ~ ! b l i ~ r e c r e a t i o n f o r t h e b e n e f i t and an-joyment oP Lllc yenel-ol I/ ~ p u b i i c .

'1 2 . Tile terlu u t t h i s l enec s l m l l beg in on A p r i l 1, , 9 9 4 itllll l j s i l a l i end on Mnrcl, 31, 2001, u n l e s s sooner ter laini l terl a s l l c r c i~x 1 o i l e d . Lessee has t h e o p t i o n ol. r e ~ ~ e w i n y s a i d l e n s e Lor al l 1 ac ld~l ro81 two ( a ) l i v e (5 ) year p e r i o d s under tlie smna Lei-)\is nut1 I c ~ t ~ d i t i o h s as h e r e i n p rov ided . Cond i t i oned . however, on l.csscr!

D(III0IT "1.'

u l > ~ i ~ ~ ) p u ~ - i o r ~ m ~ r l iukl . l>er s i l b j e c t L O uir c u u ~ l ~ y . I , L ~ r v , ~ . I g l . . , ~ i , , , l t ,, . , 1 , u v 1.1,s e x r u c i s e "I Llle o p t i o , , s i n LI,r su1.o r l i s c r - e L i u , , < , I L I l C i l

, j ~ ~ e ~ ~ l i > ~ r j I i o d i e s , w l i i c l l Co11serlt 511a11 t l o t b e t l l t r e a . s ~ ~ ~ i ~ l ~ l y ~ I L l ~ l ~ r l i i L 1 l l o l l LIIC s l ~ ~ w i r l l j O C tile p r u d e n t opera1:iull or s n i l l lbusincs:; iby I I . c s ~ ~ c . i 8 ~ o u i d e d , Lessee's o c L u o l o c c u p a n c y nnd ilso i l l Llmr. I , r e l # l i s e s sIk!l.L b e l i i 81 i t ed LO t h e p e r i o i l s O L o ~ l n r n t i o l l lprav irlecl lo#. ' i n , I , ~ ~ ~ ~ , . ~ ~ , I ~ 4 , I ~ O I U W a r e a s ~ l l a b l e ti81,e b a r u ) - * ~ N , L I n r \ ~ e c 5 ; l l c ~ ,

( I>cr iol ls u c v l l a r i l t i o l i LO se t up ntld c l u s e rluwn ~cssec?:; b i # s i # l e : ; o .

3 . Lrrsseo oq, -nes t" co,,,,,*n.i>to Llle Collll ty cur L l l e ~ , r i v i l e < j u a ; 1 ~ 1 l l l p cnll~-es:; terils d a t : c r i b e < l w i L l l i r 8 1 : I ~ i . ~ ~ A q r e e m e n t by pay i# l , l ,> '

lee or Lllrco porr:elll: ( 3 % ) 0 1 l:lle i J L o : " Sdle:. I'Fr I W U I I L I ~ L o # . ;,,,,,,I> >,t,l, ,lLll O C r , ~ , e r a l . i o # ~ . 'Y11e Iec?:; s l ~ a l l p a i d <>I? Llle C i # . & l .

r o l l i n q . 'TIIS lees r , ~ ~ l ~ ~ l c ~ . i . 7 ~ T t 8 n r 7 ~ ~ ~ , ,,i (.I+ e,,,, "I. <,,," P'Jti<><l oc u I P , a L i , > , , ~ l , ~ > l l I>= l>!c>,',ll*:t!.

n . n i i ~ ~ i ~ n i i ~ i ~ l i e r i u d ur o ~ ~ e ? ~ t t i o n o r Llir I ~easccl r i i c i l i l . i r : ; i r ac~ i t ~ , r ~ u c ~ > ~ u ~ ~ L L I E lcriw oc U s i s l e a s e s l m l l Lje a s ~ o l L<iu!i:

l i i ~ , ~ (91 i i t u l l t l l s p e r year iruilt o : o u i l . l S l . L x t I L j l l < , : o u p.ttI.

5 . ~.essoe s l ~ o l l . k e e p a d e q u a t e r e c o r ~ l s ili<d l,o<ilrr; c ~ r a cco l i##L

, ,g ,~rel i ,ent ill 5 U C l l I D r l n a s Llle COLllltY ,,lay p r e s c i i b e . :;Lncl, rec",~cls b o u k s ui nCCaunL s l l a l l b e upel l ror i i > ; p e c l i o n o r a u l l i L by Lllc

r e g r e s a n l a t i v e ( s 1 a t a l l r6:asonable ti88tos.

11 . . I . I , ~ ~ ~ s s e e s l l i l l l 2 1 0 ~ p e r ~ i , i ~ : oily o r r e n s i v e ,i5e ,,r . ; . , i , l

keel, t l l p p ro ! l i i s e s i l l a g o o d , c l e a n , n o n i l n l - y c o ~ i < l i t i o n . 'TI%<? I .essce nlJ lmes Ll lot i t w i l l , , u t p e r m i t q n l u b l i l , r ~ u r r,o,,i-s u i r>ltailcc

t , , C I>relll iSCB, i l U r i l , ~ t i l l l , o p e r a t e , o r & , e r , , , j t t o 1 , ~ i i ,sLalIs.;I or o p e r a t e o,,y d e v i s e , or pel:,llit or c o n d u c t ally o c L i v L L i , ? s ilpo,, i.l!o l,ie,aises wllicll are i l l e < , a l ur t h a t c a n s t i t i l L e v i o l a t i n , , o r a l l y

, r o r l c r r l ~ , : ; L G L ~ or I U C ~ I ~ j o v e r n i n e ~ x t i ~ l law, ,rule or r e i j i i l . ? t i o i t 01. . < < , y ,:;tatn p . l r ~ r rille or r e < j ~ ~ l ; q t i o n . ' r hc ~ c s s e e .;lroli r i o t s c . 1 ~ ol- j i c~ ln iL l l l e . ;a le oc s 1 c 0 1 1 o l i c beverages 01: ntly k i n d ugun Ole ~pr~r t r i : : c s ,;overec~ b y t i l i s n g r e c l , , e n t . The county or- i l s rel , rc : ;~l t l t ; lLive(r ; ) s ~ , , , l l a p p r o v a a l l e x t e r i o r s i r jn i l lc j n ~ i r l n d v e r t i r ; i n q p r u v i d f d lby i l l c ,.c55ce_

1 , u. In t u p r o l e c t . tile p u b l i c . U l o Lessee a l j u e e s ti,

," , ,L;l ln .,,Id lhPcy i n crirce n p o l i c y o r p o l i c i e s oc <,oilera1 p u l > J i c

, ~ r e n ~ i u ~ ~ o ~,ayntsut of i n su r ed . Policy(.) s l l n l l ,borne t h e ~ e s s c c 3s tlsc j I / i l t C I I I - v l l imr-ly and s l l n l l nanle tine county 0s tllo loss 1,;nyca.

A t t h e end or encll p e r i o d o r o p e r a t i o n ~ n d 18goc, Llic

c ~ r l d i t i o n as ~ l l e n s u p p l i e d t o Lessee, w i l l s a l i uun i i c c s 108-

~n w e event t h i s l e a s e is t e rmina t ed by t h e c o u n ~ y c o r c o t ~ s c wit l r in t l i e I i r s l ; terl (10) y e a r s or o{>erotiol l o r i s L e x ~ ~ ~ i ~ ~ 8 1 L o ~ l wit1li.n e i t h e r or t h e two (21 I i v e Is) y e a r o l ~ t i o , ~ l > e ~ - i a d s a u t l ~ u r i z e d i n t h i s lease, Lessee s lnnl l be c z ~ t i t l e d t u d i a i ~ o s c ~ ~ ~ l ~ i u Inllrl renlove w i t h i n a r ea sonab l e p e r i o d oP tilite witlxout c o s t t o t l le / c ~ ~ ~ L ~ a l l improvements and f i x t u r e s made t o Ll>e delllised pl .e###ises by Lessee. Lessee s l l a l l i n sucll e v e n t r e s t o r e t h e demised &luel#liscs 1.0 1ts o r i c ~ i l ~ o l colrdit iorl w i t h t h e excepLion o r u l l i l i t i c s w11ic:ll ~ 1 ~ ~ 1 1 n t t h e of t h e Lessee, become tile p r o p e r t y or Llie

I jc~ui l ty .

I ~ 7 u r t h e r i n t h e e v e n t t h i s lease js t e ~ a i n n t ~ d a l t e r tile 8

e x p i r a t i o n or tlve or ig i# ,o . l t e n (lo) year y e r i o d nlxd L l ~ e e x l l i ~ - . ~ L i o n o c t h e two ( 2 ) I i v e ( 5 ) y e o r o p t i o n s , o r i n t h e e v e n t t h i s l e a s e is term.ihatnr1 a t t h e reouesl; of t h e Lessee a r t e r Ute o r i a i n o l tel l 1 lo1

Ilyeoy 1 I l le r iods , t h e demised pre ln isea end a11 i18lpl:ovements i t , c l~>d i i> r i I ~ ~ t i i i t i ~ ~ (wade t l l e r e t o by tile Lessee sll.11 becotwe 1-1,- tluol,en-ty u r ,

I 11. Lessee s l t a l l t t ~ n i n t e i n and r e p a i r a t i ts o w n c u s t Lilt ' p r o p e r t i e s , f a c i l i t i e s and equipment s u p p l i e d unde r Ciris ~gl -ee iuent , / L I I I . O U ~ I ~ O U L tlta e n t i r e t e rn oP t h i s Agree18ielat i n as <laud . > # X I [ s a n i t a r y c o n d i t i o n as when p a s s e s s i o n tlrer-euc was d e l i v e r e d Lo Lessee by t h e County, e x c e p t as f o l l ows : (a ) Ixseee is >nub / r e s p o n s i b l e f o r l o s s or dainega caused by I i r e , wjndslorot , 0 8 - o t l m r )xnturol c a s u a l t y n o t i r> su red .ga ins t and n u t r c s u i ~ i l l i ~ iau , i l c leqligence or I o u l t ol t l l e l e s s e e , i ts e g e t > t s , elv81,10yecs, o r l l e s s e c s . Lessee s l m i l b e r e s p o n s i b l e for c o n d i t i o n and alllmerazlac Iuc ou tdoo r areas i n t h e v i c i n i t y o r any s t r u c t u r e covered by L l l i c ;

IAqreeiaent, however, County s h a l l b e r e s p o n s j b l e Car 18lowitly illid s auu r iLy of s o i d area. 'rlw County or. its rep;esenLat . ive(s i reserves t h e r i g h t t o conduc t i n s p e c t i o n s of t h e yrei i l iser, r a c i l i t i e s , and r u r n i s h e d under Llxis nyreentc8tt ul~oil r e a s o n a b l e n o t i c e t o ~eseee, and s h a l l g i v e Lessee tnotice t o inlakc

nece s sa ry maiutenance, r e p a i r and/or r ep l ece8~ \en t oc any and a l l y r u p e r t i e s , equipment , I i r t u r e s and/or r o rn i s l l i l i c~ covered I . l,essee w i l l n o t c o n s t r u c t any a d d i t i o n a l o l t e r n t i u i ~ s . l o r i a lprovet l~ents t o t h e l e a s e d f a c i l i t y e x c e p t a s oppruverl i i l

pdvance by t h e County and TVA or its r e p r e s e n t o t i v e ( s ) e x c e p t as I$ere ihnbove s e t Iort lh.

c.~\xse SL'C~I r e i ~ e i r , ~va j i> te# i i l l~ce . ca re , m ~ t l > a l l l . ~ f : ~ ~ l l B l i t L~ I ~ c rlolie a d c88nploy necessary labor and l>urc l>ase t11e i lccessnry imatcl-ials Lliorcrore. 'Tile c o s t nud e x p e n s e oC r \ny w o r l : do~rn by L I ~ C ,Cu,illLy a81d ot t nn t e r i n l s pulcl tased by i t , Car~et l~ea- wil:li n r a i l . l ? l ~ ~ ~ " ~ t i o ~ ~ ~ ~ ~ e l i t 01 overllcad c o s t s Cllereto, s l ~ n l l be on a i l d i ~ i ~ # ~ , ~ l . U I ~ U L U ~ ~ i m y a l ~ l e by 1.osseo LO L l ~ c cuun,.y.

13 . 1 ' 1 1 ~ CUUllLy nlsy te rn l i l in te Lllis Agrec!ilellt by u r iL t e i , nu tic^ 111niLad or iws:sonally d o l i v e r e d t o t h e 1.eosee I o r ally o c itie

lowing reasoils:

LIIC? Lc::seo ~ I ~ I L i ~ r ? r ; l u i t i n ally i , ,xylvoil~ t l u ' z rSllilor ( 1 , ; : . 1 : 1 : I o r , j , ,.or , i r , . eo , , ( j S 1 <,e,v. ; I

t i : Ll;nlll t1ie C,, , I , , , . y L,, Lessee ti.' "~<J",,L,",, ,i-,,

/ , ( I , ) r L i l ~ e l .C .?scc . 511a11 r a i l 1:" moinlai,! ~ , i -upcr sL.I,,~IL~I:cI:; (IT ~ l u ~ ~ l i ~ y , o r roods , beverages , i o c r c l ~ n ~ ~ d i u ~ , ql>ocls a n ~ l / o r s u i - v ic,,.; 1 ;!cl.oraiii~e~l >by t h e Coul~ty , or in any o t~ l l e r inallner s i ~ i l l l r a i l I.<, l x o v i d r adr r lua io s e r v i c e t o tlie p u b l i c , i l sucll derari lL s 1 , a l ~ lcu#iLilriia r i rlearl (151 devs a t t o r w r i l t c l ? i l a t i u e rrontl l l lc c i x ~ # ~ l LC, I ~ c s s e c de r iq i i a t i l l g sucli d o r o u l t , or

( e ) 11 ~ c ' s s o c s l l a i l iaolie ail o s s i r j # t # # i ~ ~ ~ t ru r Lllc i l a l l i : i i i ui [c;Ldi ors, OL-

(I) 11 t.l#e i l l t e r e s t a t L e s s e e i l l t h i s nyrcel81allt o c i l l l y or ~ 1 , ~ I a s s e t s used by i t i l l t l lc t m n s a c t i o n or t i le bus i r i e s s c o l ; r ~ u c ~ e i l I , ~ ! i t inrdar t h e p r o v i s i o n s 01 Llria nrjreemelit s l i o i l be s o l d ijl,o,i

<,r o,.i,er l e g a l l l r oc r s s , o r 1 1

( i ) coun ty , i n ills sole d i s c r e t i o n , de ler i i l ines i iot L O r ~ r a n t l i t l v s z or ImLh o p t i o n s Lu r c n w q ~ 0 1 1 a sl>owirq t h a t r.esscc I,.,L , , o l~ r r i i r ) i l s a i d busi!ioss i l l a prudel i t iwnn~~er .

1 ) L F S S " ~ r a i l s t o c08nply wit11 any o r tile ter881s aitcl ~ o i ~ r l i t ~ u i ~ s n t t l ie G r i l i i t n l IKaserent, corillraut I!O. 'L 'V- . IZ~ORA L O L I , , ? I coulll,( Cur pllblii: r e c r c a t i u % r n J dovelupnt?nl. 01 l l l i s G ~ L = .

Ji il1:0;1 r j i ~ i : ~ y S U C I I r l ~ t i c o o r t c r m i n a t i ~ ~ l t1.s i u t l c , ~ y

~ioinediaLeiy Lake pos s t~ s s i . 01~ ot Lhe l e a s e d r a c i l i t i e s ru rd Llxe ~ o s s c c su r r e t i de r possess io l l LllereoL t o t h e Cou l~ ty .

I n . ~ e s s e e lilny n o t a o i t j l l t l l i s lease, i8, wllule or it, I , ~ , , L , sul l lei lse any p a r t a t t h e premises , C a c i l i L i e s , o,ld/ui

15. N o ossan t . e x p r e s s o r imp l i ed , by the Cuunty t o al ly ' b~enc11 i n or deCoul t o f ony agreement or c o r n l i t i o n l ~ c r e i n cunLoinr:ml ; 081 t h e p n r t o f tlle Lessee t o be perrorllled o r obse rved , s l ~ 8 l 1 : c:o!~stiLute 0 waiver o f or a s s e n t t o any succeedinr j brcncl, j.8) u~:

l ~ l o r n > & l t o r LIlo same o r ally o t h e r ncquirel l lcnt ol- concl i t ion Itcl-nor.

I 1 G . 'flm Lessee s l l e l l e s t a b l i s h r a t e s , c l loryes uc pr ices i l l r j e l ~ e r o l accordance wi th t h o s e e s tob l i s l 8ed by cotnparobic 1,tisincr;:; u p e r i l t o ~ - s i l l t h e loc i l i area.

1 7 . i l e i t h o r TVA anor t h e coun ty w a r r a n t s Lllol. tllo i 7 ro l l l i ne s , 8

l o c i l i t i e s , ur eguipnterlt a r e o r w i l l r emain s u i t a b l a c u r L I , C p i i rposes covered by t l t i s Agreement. Tlle coun ty w i l l L ~ O L be l i a b l e i n ally way o r r e s p o n s i b l e f o r damagas 011 a c c o u n t 01 i l l j u c i e s LO persons or p rope r ty s u i t e r e d or a l l e g e d t o ilnve been s u f c e r e d lby iluy ~3er5011 or by h i s p r o p e r t y wh i l e such person o r prol ,e r ty is i t , tear , or od3acent t o t h e p r emi se s r e s u l t i n q r>-os8t sck!; , o , , ~ i s s i o n s , nl,d/or neg l ec t oP Lmasee d u r i n g tile t e r ~ ~ ~ t l le rcuc 0,111 Llmr! Lessee hereby agrees t o s u c c e s s f u l l y de r end a y e i n s t any oc t iu l l i n

/ a C o u r t of low or e q u i t y t l l i l t m.La11t be brourlltl: o n a i n s t i t . u ! Lu d i s c l l a r r~e any judgnlellt t i m t migllt-be r e n d e r e d t h e ~ r e i l l . ,rile' ~ . I ILO>IP .

neg l i gence oC LIbe ~#~nirtLetinncc, i l t l l l

ti^^^ of t h e premises, and tile ~ e s s e e a g r e e s t o assuale any i ~ ~ ~ ~ l

1.1). 1 . 1 ~ Couuty reserves u n t o i t s e l P any on o l i otl$e,- i n t e r e s t s i l l s a i d p r e a i s e s , equipment , and I a c i l i t i e s and tile ~ . o s o e c s l l o l i lhnve no i n l - c r e s t 1.n t h e s a i d ~ ~ u e a ~ i s e s , erlui l ,~i le!~t , nanl l . ; l c i l i t i e s lrrovided by Ulc Cuultty o t h e r Llloll Utosa s e t I u r t l t i n t ~ t l

described h e r e i n . County a g r e e s t o g r a n t t o Lessee duril,cj Lile terill or t h i s ngr-eemerll: o r arty ex t e r t s i on t l l e r e o t e x c l u s i v e r e t a i l r i g l l l s \ l o r t h e o p e r a t i o n of s a i d store and dock on coun ty p a r k gre l i l i s f s .

'1 22. T l l i s Agreement may be ~ ~ t o d i f i e d o n l y by u r i tLe l t stt~endmellt execuLer1 by a 1 1 t h e p a r t i e s h e r e t o , and a igns l l u81d approved lby a l i

l,,ecess.ry cau, , ty o c f i o i a l r and t1,e p r i o r v r i t t e r , co, , le l l l "T .L.YA.

1' 9 . Upon t h e d e f a u l t oT t h e te rms o f t l t i s ~ r j r c c ~ ~ ~ a n L n l ~ d upun non-co8ilpiia~lce and n r e a sonab l e p e r i o d o r t i m e o t t e r n u l i c e , c i t l t c i ' pilt:ty I I I ~ Y t e rmihn t e t inis Agreement by q iv i l l g w r i t t e n r i a l i c e t o tlla o t h e r and TVA, s peo i fy ing t h e d a t e of te r -a l ina t ion , sncl, ~ i v l i c e l u be q i v e n n o t l a s s tllatl n i n e t y (90) days p r i o r Lo t l ta d a t e l ie re in s p e c i f i e r l .

20. Tlle Lessee s l l s l l be r e s p o l l s i b l e Tor pnyiairj e ' l e cL l - iG l . woLer and/or u t i l i t y b i l l s on t h e l e a s e d i o c i l i t i e s . PoymenL u r u t i l i t y b i l l s s l t o l l be lnode w i t h i n t w e n t y (20 ) days or ueceipL o r Lhe b i l l ( s ) . The Lessee s l m l l t a k e r -earanable rlctioii ( ~ i ~ t ~ r i a a t i o n ) t o p r o t e c t t h e l e a s e d f a c i l i t i e s Iron uinLel-

'weather c o n d i t i o n s durl l lg tile p e r i o d s t h e s a i d i o c i l i t i c s arc c l o s e d t o t l te g e n e r a l p u b l i c . 'All w in t e r i z a t i oab %lie11 be al,provc<l

l i a b i l i t y f o r f r e e z e damage t o t h e l e a s e d c n c i l i t i c s , 1 1 1 ~ l ~ d 1 n g equipment, duriny t h e s e p e r i o d s , u n l e s s s u u l ~ ~ ln l l t n~~e

1 0415 23. IP, ul lder l l l a u l l r r o l i o n of Llle hgroea l rn l , ural:Ls ill>rl/u,:

soUYel l i r s a r e suld, t h e Lossee sllilll m a i n t o i l l o n i n v e n t u r y o l s u c l l cl a i L s al lc l /or su<cve~x irs t w e t l t y - l i v e p e r c e n t (25%) ur w l l i c l ~ i:: i ,,

I ~;lixI'Is 11nLive t u Llle Coun ty oZ 'rewnessee ~ > c ~ r s ~ r i l c t L Lo 'l.e~nnessr:,? C ~ > C I I I A,>,,olL,Led 511-3-1,i.

1 , 6 . 110 perso81 o n tlle rjruulxcl o r r l i s a b i l1 l .y . ~ a c u , <:,,I oj, 1 , s e n , n n t i a t i o l o r i g i n , age or a n y o t l l o r c l a ~ ~ i i r i ~ a l i o ! ~ i

bv ~ e d e r o l and/ol- 'rannessoe s t a l e c a n s t i k u t i o i ~ a l nn l l /<~ r : s ~ , , ~ o ~ o r y law w i l l . be er&ludell Irotn p a r t i c i p a t i o n i n , 01. Ibe d e n i e r 1 > l i , e8 , e r i~s -t., OL. b e D L I L ~ L W ~ S ~ s u b j e c b . e d Lo d i s c ~ - i ~ ~ i ~ > a L i o ~ ~ i u 1 1 ~ : i , ~ r r o r i n o n c e ol Llli:; l e a s e , or i n Llle crmpl<,yme~iL l i l . a c L i r r s o r l l i e , c s c . , ;riic , Lessee s l i o l l uporl r e q u e s t slnow p r o u t u i suc.1, I , , " n : i , s c r l a , l n i l l l o l l , olirl s l l a l l posl: i n cortspicuo,,s & , l a c e s , ov. , i la l>lr3

1 1 ~ " a l l e ~ ~ ~ l i l o y e e s a n d o j , i , l i c n # ~ L s , n o t i c e oC l i oz ld i sc r i8~1 inoLiu i i

\ : /'y~

-><LC ."d U Y : Cl ,- ,, - t C l e r k 01% M l l

L'LI~CIIIII

RESOLUTION NO. & TO T t E HONORADLE GlL HODGES, COUNTY EXECUTIVE, AM) THE MEMBERS OF THE SULLIVAN COUNTY BOARD OF COMMISSIONERS IN ADJOURNED SESSION 'I'KIS TIlE 23" DAY OFNOVEMRER, 1998.

REsOr.ur1ON AUTI IORlZlNG kkse~i~ent hxreen1ent to Uristol. Tennessee Elect~ic System

WkIEIIEAS, 'I'ENNESSEE CODE I\NNOTKI'ED; SECTION AU'fnORIZES COUNTIES TO --

NOW. T tEREFOW Bl? IT RESOL.VED by the Board of County Commissioners of Sullivan County, Tetlnessee assembled in Adjourned Session on the 23" day ofNovembcr, 1998;

_N_Wa THEREFORE, DE IT RESOLW-tAle Sullivan Countv Executive i% hereby authorized to execute the attached Easement A~reemcnt or such zhotller documat as rnav be --

.- -- (WAIVEI< OF RULES REQUESTED)

All rcsolurions in conflict herewith be and the same rescinded insofar as such conflict exist


Date: Caunly Exrculivr

' IN'TRODUCED DY COMMISSIONER E. Williams ESTIMATED COST:

SECONDED BY COh4MlSSIONER -R.llarr FUND: -

COMMENTS: WAIVER O F RULES A P P R O V E D R O L L C A L L 1 1 / 2 3 / 9 8 A

This Inswmcnt Was Prcpercd Ry: E98- 3145 EGH

Dristol Tci~ncsscc Elcclric Syncm Brislol, Tcnncssec

Grid # 65A2

w.0.n ss-

Acct. u

Tl l lS EASEMENT AGREEMENT, madc and cnlcrcd inlo this 5' day of Novemher . 1998. by and S.lll,\nn ~ W I ~ T C ~ ~ ~ ~ ~ . , A ~ ~ ~ I I ~ . ~ C ~ ~ Suhdt\ls~.)n OC I I > C S;JN 10f Tcnenltc>%:< , h~rctnaflcr ~311ed t u w : ~ n - .- .

"Gr.n..,r: .wh;ihcr one or more), and 1r.c CII, u i Ur8ltnl Tcnncsscu, for lhc a c and bcncfil uf UIUSI'OL 'L'ENNESSEL . EI.I:CTHIC SYSTEM, ilssuccc,rurs a d acsigns, hcrc~naflcrialleJ Ciranrce": '3

> t

W I T N E S S E T H :

In considcntion of S1.00 and olhcr good and valwhlc considenlion, the receipt of which is hereby Zf

acknowlcdgcd, Grantor docs grant and convcy unto Grantcc, its succcsson and assigns an casement, over, under, and acrnss thosc certain lands of the Ordntor, hercinaRcr dcscrihed, for the construction, maintenance, operation, cnlargcmcnt, rebuilding, and repairing of r;acilitics for tllc trammissi~n and dislrihulion of electrical energy, felephone

8 lincs, tclcgraph or oll~er cable lincs, including poles, crossarms, guys, anchors, wircs, conduits, cables, and o l h e r q ncccssary apparatus and appliances; and thc right oiingrcss aver and across said lands for the purpose of exercising the rights nnd privileges herein grantcd, hut that in exercising such rights of ingrcss and egress, whcncver practicable, rcwlarly cstahlishcd highways, roads, and slrccts will he u.cd.

B F:

Thc lands ofthe Grantor rcfcrrcd to hcrcin arc located on Map L l ' a r c c l 4 7 n the L C i v i l District of* Sullivan County, Tcnncssce, and arc lhc same property conveyed lo Grantor by dccdiwill recorded in the Register's oilice 0 at l~launtvillc .Tcnncsscc, in Dccd Book Nrr. w a g e 170 and Deed Rook No. page to which 3 rclcrcncc is herc madc for a full dcscriptinn ofsamc. z -

U The center linc ofthe said eascmcnl hcrcin grdnlcd is as follows: Ifeginning a! a propcriy corncr on ihc northcm sidc linc ortho Dlounivillc Ry-Pass and also corncr to property of

lhe Masscngill and Sullivan County hountlury line lo a powcr polc numhcrcd 2; thence in a northwestern direction i Massengill and an erisiing powcr polc numhcrcd I, the linc travcls 145 fcct, plus or minus, in an eastern direction alon.?

icct, plus or minus, to a padmounted iransiuncr numhcrcd R; thence from thc power pole numhcred 2 the line alr travcls in a northeastern direction 250 feet, plus or minus, to a powcr polc numbcrcd 3; thcncc in a southwestem dircctiun 120 fcct, plus or minus, to a paint in thc houndary linc common with propcrty orBurger King.

Grantor, his hcirs, succcssors or assigns, do hcrchy ngrcc to kcep trccs an said land trimmed so they will no1 grow any closer than lwcnly (20) fccl o f thc Pacilitics or grow such that they could fall within twenty (20) feet ofihe facilities which tllc Omntcc shall construct, rcunnstnst, rcplecc, and maintain upon said easement. In the event that the Grsntur, his hcim, succcssors or assigns attcmpt to cul of trim lrccs tlial arc within twcnly (20) fcct of the hcilitics, the Grantcc is rclcascd from all liability, cxccpt fir that liahilily which is thc dircct result of the Gmntce's ncgligcncc in mailnaining mid hcilitics, l l thc Grantor, his hcirs, succcssors or assigns rails to comply with the foregoing. the Gnntce shall hnvc tlte right to trim or cur sr~ch lrccs in violation hcrcofand, thc Grantui, his hcirs, succcssors or assigns aercc to rcinlhursc thc Grantcc for any and all costs inurrcd in this aclion.

RESOLUTION NO. 2 9 COMMITTEE

TO 'TIIE IIONOlLAI3LE GlL tlODGES, COUKI'Y EXECIJTIVF, AND TIIF: hlChlllL'I1S 01: 'l'lll: SIJI.I.I\'AN COUNTY BOARD OF CO\I\lISSIONI:IIS IN SI'SSION 'l't4IS THE 23rJ - DAY OF Novemher, 1998.

RESOLUTION AUTHORIZINCi U I E SULLIVAN COUNTY SHERIFF'S OFFICE V n OPEIMTIONS - ~~ - ~ -

WIIEWAS, TENNESSEE CODE ANNOTATED; SECTION AUTHORIZES COUNTIES TO

NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Sullivan County, Tennessee assembled in Session on the 23rd day oPNOVEMBER, m; WIIEREAS. 'TIIE SPECIAL REVENUE FUND FOR THE SHERIFF'S OFFICE- "DRUG CONTROL SIIERIFFn- DOES NOT ALLOW FOR VICE OPERATIONS SUCH AS GAMBLING OR PROSTITUTION. AND


This resolution shall become effective on 19, the public welfare requiring it.

Duly passed and approved this 23 day of November , 1 9 3

Attested: Date:- Date:- Counly Clch Counly Ewcul~vc

INTRODUCliD BY CO\1MlSSIOXEI~ WI[.I.IAhlS - .. FS1 IMVI'TED COS 1 S1:COKDED LIY COMLIISSIONER 3 i R --. I ' U S D : .


?' RESOLUTION NO. 3 D TO THE HONORABLE Gn. HODGES, COUNTY EXECUTIVE, AND THE MEMBERS OF THE SULLIVAN COUNTY BOARD OF COMMISSIONERS IN ADJOURNED SESSION TfUS 'TIE 23R"DAY OFNOVEMTjER, 1998.

RESO1,UTION AUTIIORIZING iZp~?l?priatio~~ of F u n d ~ ~ R r t i ~ ~ L v e ~ . S u ! ~ ~ a ~ C & ~ ! ~ ~ t : Oriented Regixtc;Ition&anl- ---._____-.-.p.--.--__.- -. -. .- - --

WEEREAS, 'ENNESSEE CODE ANNOTATED; SECTION AUTHORIZES COUNTLES TO

NOW, THEREFOW BE IT RESOLVED by the Board of Col~nty Comrnissiooers of Sullivan County, Tennessee assembled in Adjourned Session on the 23" day ofNovember. 1998;

Act of i 998); and -. .-

- WqEREAS. Tennessee Code Annotated 7-51 -1 103 creates a l r A d l r i e o t e d Establkhmen! Board in an~countv adooting the aforesaid ~)rovisions: and

Code .4n11otated 7-5 1-1 10h!d_d_ -.-

- - - NOW, 'l'tlIII<EFORE. BE IT RESOLVED that the sum ofS5.000 00 slrall beTaqpro~riated from Account No. 3900OIU11des~te4r:und Balance1 to an account to be designated bv the Director of Acco~~nts and Ih~dnets. sn'i funds to be allocated as follows:

All resolutions in conflict herewith be and the same rescinded insofar as such conilict exist.

This resolution shall become effective on ___, 19, the public welfare requiring it.

Duly passed and approved this 3 day of November, 19%

Attested: Date:- Date: Countycl~ Carllly Lllsr~li".

INTRODUCED BY COAMSSIONER M. Hvatt ESTIMATED COST: SECONDED BY COMMISSIONER Buddy Kina FUND:

RESOLUTION NO. 3d Page Two

COMMENTS: WAIVER OF RULES APPROVED 11/23/98 ROLL CALL

0423

RESOLUTION NUMBER %

TO THE IIONORABLE GIL HODGES, COUNTY EXECUTIVE, AND THE MEMBERS OF TIIE SULLdVAN COUNTY BOARD OI; COhlMISSlONPRS IN Allj~~~trtied SESSION TlIIS TIlE .23r!! DAY OF November l9'H.:

-- -- WHEREAS, 1'ENNESSEE CODE ANNOTATED; SECTION .AU'IFlOlIIZES COUNTIES TO

NOW, TIIERI~FORE BE IT RESOLVED by the Board of County Commissioners of Sullivan Co~tnty, Tennessee, asselr~bled in A d i o ~ ~ r n e L Session on the _Z3& day of Novelnher 1 9 2 8 --

TIIAT WHEREAS. The Purchasina Aoent has so l ic i t edsen market and o b t a k d comoetitive "buy-back" oricinq on four (41 backhoes for the Sullivan Countv Hiahway Department: and

~ H E R E A S . T ~ ~ Hiahwav Commissioner desires tomrchase these backhoes on a ttiree- year "interest-f~dfull w a r r a ~ n s f a l I m ~ l a n direct f ramthe rnanulacturer, with a w s y m e d 'buv-back offered bv the manufacturer's local distributor at the end of the three vearsS oer the information attached hereto: and

WHIREAS. The Hiqhwav Commissioner already has m % e ~ ~ - ~ ~ r i a t e d for the purchase of these backhoes, but would like to take advaritaae of themanufacturer's ''interest-free" installment olan: - ~- NOW. THEREFORE BE IT RES~LVED, That since there are no differences in oricing -- Jeither lump sum Davrnent or 3 - ~ e a r installment plan). that the S111Iivan Count~Board of M s s i o n e r S awroves the three-year "interest free" plaG obliaatina $49.767 a n n w forthe next t k e e vears lor less1 instead of obliaatina the arand total lumo sum of $H3,300 from the current fiscal vear. -- -- -

WAIVER OF RULES REQUESTED

All resolutions in conflict hercwilh be and the same rescillded insofar as such conflict exist.

This resolution sllall become effective on . 19, the public welfare requiring it.

Duly passed and approved this 2 day of November. 1998 -

Attested: Date:__ Date:- Counly Clcrk CGunly Excculwr

INTRODUCED BY COMMISSIONER Williams ESTIMATED SECONDED BY COMMISSIONER Vance FUND:

Co~nmittee Action -

Adlnirrislralivc

B~tdgel .

Executive

Approved

Commission Action

Roll Call

Voice Vote

Disztpproved

COMMENTS: WAIVER OF RULES APPROVED 1 1 / 2 3 / 9 8 ROLL C A L L

Aye

2 o

Deferred -

Date

Nay Pass Absent

4 --

Total

ATTACHMENT TO RESOLUTION # 31 .....................................................................

"BUY-BACKr' PURCHASE AGREEMENT - FOUR (4) BACKHOES FOR HIGHWAY DEPARTMENT

**BID EVALUATION SUMMARY** .....................................................................

SUCCESSFUL VENDOR: FURROW-JUSTICE MACHINERY

(1) MAKE/MODEL BID: JOHN DEERE 310E la: PRICE (4 each) = $48,200.00/Unit . . . Total= $ 192.800.00

( 2 ) TRADE-IN VALUES FOR OLD HIGHWAY EQUIPMENT

2a: 1977 580C Case Backhoe w/Boom (S/N 8961714 - Boom S/N 5377428)

2b: 1987 416 Cat Backhoe (S/N 5PC04042)

2c: 1987 416 Cat Backhoe (S/N 5PC004043)

2d: 1989 580K Case Backhoe (s/N JAB0006064)

-A

3-YEARS INSTALLMENT PLAN (INCLUDING TRADE-INS) $ 149,300.00 ($49,767 + $49,766 + $49,766)

(4) "BUY-BACK" QUARANTEED PRICE (See formula below) * $-121,200,OO >Vendor agrees to "buy-back" equipment after 3 years< *BUY-BACK CONTRACT INCLUDES FISCAL YEAR 'FUNDING-OUT' CLAUSE

(5) TOTAL COST TO COUNTY FOR ALL FOUR (4) UNITS $ 28,100.00*

FORMULA TO DERIVE AT PER BACKHOE/PER YEAR COST: *$28,100. divided by 4 units = $7,02S./unit divided by 3 years*

*Annual cost Der backhoe = $2.341.66 (Includes full machine warranty [parts/laborl for 3 years)

.....................................................................

S U M M A R Y

PURCHASE PRICE IS SAME EITHER LUMP SUM PAYMENT OR 3-YEARS INSTALLMENT PLAN (INCLUDING TRADE-INS). THE INSTALLMENT PLAN AVAILABLE THROUGH THE MANUFACTURER ALLOWS THE GOVERNMENT ENTITIES TO USE THEIR CAPITAL MONIES MORE EFFECTIVELY, HAVE NEWER EQUIPMENT AND ELIMINATE THE COSTS OF REPAIRS AND LABOR COVERED UNDER THE FULL WARRANTY AGREEMENT.

TO THE HONORABLE GIL FIODGES, COLJNTY EXTCUTNE, AND THE MEMBERS OF THE SULLIVA.. COUNTY BOARD OF COMMISSIONERS IN REGULAR SESSION TIIIS THE 23RD DAY OF NOVEMBER, 19L)8

RESOLITTION AUTMOIUZING THE ISSUA_NCE 01: $17,000.000 SCHOOI, DEtlLT ss,eoo.oo~~ JArr. orm~. WIG<RE,\S, TENNESSEE CODE ANNOTATEI); SECTION I\K~HOIUZES COWSIES '1'0 -

NOW, THEIEFORE BE IT RESOLVED by the Board of County Curnrnissi~ners of Sullivan County, .Icnnessee assembled in &&x Session on the 23'6 day ofNovember, 1998;

SEE ATTACHMENT

AM1:NUEIENT: A D D S S I . O ~ l Q a ~ F D R P L L B I J ~ w l r r n r w . -- MO'PION M A D E BY HRRK RY R Y M r r U v h r n


This resr~lution shall become effective on . 19, the public welfare requiring it.

MTI<ODUCED BY COMMISSIONER WILLIA>,lS ES'CIIvlATED COST: SECONDED BY COMMISSIONER MI: FUND:

Cormnittee Action Approved . Disapproved Deferred Date

Administrative

Budget -- Exzcutive

- - ---.

COMMENTS WAIVER OF RULES WPROVFn A q AkmYniX l l ! l 7 / s R mLI, r a r r

161w1.1 lllunl

A RESOLUTION AUTHORIZING THE ISSUANCE OF INTEREST BEARING GENERAL OBUGATION CAPITAL OUTLAY NOTES. SERIES 1998 OF S W A N C O W . TENNESSEE IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED EIGHT MILUON DOLLARS ($8,OW,000); MAICING PROVISION FOR THE ISSUANCE, SALE AND PAYMENT OF SAID NOTES, ESTABLISHING THE TERMS THEREOF AND THE DISPOSITION OF PROCEEDS THEREFROM, AND PROVIDING FOR THE LEVY OF TAX FOR THE PAYMENT OF PRINCIPAL THEREOF AND INTERBST THEREON.

WHEREAS, under the provisions of Sections 9-21-101 et w., Tennessee Code Annotated, subject to the approval of the Slate Director of Local Fiance, counties in Tennessee are authorized to issue interest bearing capital outlay notes for a period of not to exceed twelve (12) years from date of issue for all county purposes for which general obligation bonds can be legally authorized and issued; and

WHEREAS, the Board of County Commissioners of Sullivan County, Tennessee (the "County") has determined that it is necessary and desirable to issue not to exceed $8,000,000 in aggregate principal amount of capital outlay notes for the purpose of providing funds for expansions, renovations and improvements to the Sullivan County jail facility, the payment of legal, fiscal, adminishative, architectural and engineering wsts incident thereto, and costs incident to the issuance and sale of such notes; and

WHEREAS, it is the intention of the Board of County Commissionen of the County to adopt this resolution for the purpose of authorizing such notes, establishing the terms thereof, providing for the issuance, sale and payment of the notes and disposition of proceeds therefrom, and providing for the levy of a tax for the payment of principal thereof and interest thereon.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Sullivan County, Tennessee, as follows:

1. &lm&. The notes authorized by this resolution are issued pursuant to Sections 9-21-101 et seq., Tennessee Code A ~ ~ o t a t e d , and other applicable provisions of law.

2. Deftnitions. The following terms shall have the following meanings in this resolution unless the text expressly or by necessary implication requires otherwise:

(a) "Code" shall mean the Internal Revenue Code of 1986, as amended and all lawful regulations thereunder;

@) "County" shall mean Sullivan County, Tennessee;

(c) "Governing Body" shall mean the Board of County Commissioners of the County;

(d) "Notes" shall mean not to exceed $8,000,000 General Obligation Capital Outlay Notes, Series 1998, of the County, rl?ted December 1, 1998, or having such other series de.$igrlations and dated dates as shaU be determined by the County Executive pursuant to Section 7 hcreof, provided the maturity date of any emission of tllc Notes does not exceed twelve (12) ymrs fron~ t l~c issuance rlnle uf such e~~lission of the Notes;

(e) "Project" s11.d in(liU1 exp.ansions, renovations and impmvenlents to the Sullivan County jail facility; expansions, additions, rer~ovations and quipping public buildings; and the payment of lcgal, fiscal, administrative, arcl~itectural and engineering costs incident tl~ereto; and

(g) "Registration Agent" shall mean First Tennessee Bank National Association, Memphis, Tennessee, a s registrdtion and paying agent for the Notes, or any successor designated by the Governing Body.

k t i Q D 3. . . and .Tams af the W. For the purpose of providing funds for

to pay the costs of the Project and costs ulcidcnt to the issuance and sale of the Notes as more IuUy set forth in Section 8 hcreof, there an: hereby authorized to be issued interest bearing capital outlay notes of thc County in an aggregate principal amount not to exceed 58,000,000. The Notes shall be issucd in fully registered f o ~ m and shall be designated as "General Obligation Capital Outlay Notes, Series 1998," dated December 1, 1998, or such other name, date or series designations as sl~all k established pursuant to Section 7 hereof, provided tile maturity date of the Notes, or any eillission thereof, does nut exceed twelve (12) years from the issuance date of the each emission of Notes. The Notes shall bear interest at a rate or rates not to exceed six percent (696) per anmlm, payable semi-annually on April 1 and October 1 until the Notes mature or are redeemed, colr~rriencing October 1, 1999. The Notes shall be initially issued in $5,000 denominations, or integral multiples thereof, as shall be requested by the original purchaser Ilrc~rof, Tl~c Notes SIGIII 1uatul.e se~i.ally arld k payable on April 1 of each year as follows subject to the aclji~stmrnts 1~lmnitted pursua~t to Section 8 herwf (p~uvided, however, that Notes maturing April I, 201 I may not be issued prior to April 1 , 1999):

Y&irs Amounts 2000 100,000

Notes maturing April 1, 2000 through April 1, 2008, inclusive, shall mature without option of prior redemption. Notes maturing April 1, 2009 and April 1, 2011, shall be subject to redemption prior to maturity at the option of the County on April 1, 2008 and thereafter, as a whole or in part at any time at the redemption price of par plus interest accrued to the redemption date, or such other redemption dates and redemption price as may be determined pursuant to Section 7 hereof.

Pursuant to Section 7 hereof, the County Executive is authorized to sell the Notes, or any maturities thereof, as term Notes with mandatory redemption requirements. In the event any or all the Notes are sold as term Notes, the County shall redeem such term Notes on the redemption dates wmqwnding to the maturity dates set forth herein in aggregate principal amounts equal to the mabxity amounts set forth herein for each redemption date, as such maturity amounts may be adjusted pursuant to Section 7 hereof. Notes so redeemed shall be redeemed at a price of par plus accrued interest thereon to the date of redemption. The term Notes to be so redeemed shall be selected by lot or in such other random manner as the Registration Agent in its discretion may determine.

If less than all the Notes shall be called for redemption, the Governing Body, in its discretion, shall designate the maturity or maturities which will be redeemed, and, if less than all the Notes of a single maturity shall be called for redemption, the Notes within the maturity to be redeemad shall be selected by the Registration Agent by lot or such other random manner as the Registration Agent in its discretion may determine.

At its option, to he exercised on or before the forty-fifth (45th) day next preceding any such redemption date, the County may (i) deliver to the Registration Agent for cancellation Notes to be redeemed, in any aggregate principal amount desired, andlor (ii) receive a credit in respect of its redemption obligation under this mandatory redemption provision for any Notes of the maturity to be redeemed which prior to said date have been purchased or redeemed (otherwise than through the operation of this mandatory sinking fund redemption provision) and canceled by the Registlation Agent and not theretofore applied as a credit against any redemption obligation under this mandatory sinking fund provision. Each Note so delivered or previously purchased or redeemed shall be credited by the Registration Agent at 100% of the principal amount thereof on the obligation of the County on such payment date and any excess shall be credited on future redemption obligations in chronological order, and the principal amount of Notes to be redeemed by operation of this mandatory sinking fund provision shall be accordingly reduced. The County shall on or before the fortyfifth (45th) day next preceding each payment date furnish the Registration Agent with its ceaif~cate indicating whether or not and to what extent the provisions of clauses (i) and (ii) of this subsection are to he availed of with respect to such payment and confirm that funds for the balance of the next succeeding prescribed payment will be paid on or before the next succeeding payment date.

Notice of call for redemption shall be given by the Registration Agent on behalf of the County not less than thirty (30) nor more than sixty (60) days prior to the date fixed for Aemption by sending an appropriate notice to the registered owners of the Notes to be redeemed by first-class mail, postage prepaid, at the addresses shown on the Note registration records of the Registration Agent as of the date of the notice; but neither failure to mail such notice nor any defect ~ I I ;illy such ~~uticc so mailed shall affect the sullicie~lcy of tllepmccedings for redemption of any of the Notes for which prupcr rrotice was given. The Registration Ageld shall mail said notices, in UIC ciue of term No& with ~nnodatory redemption requirements as and when provided herein and in the Notes and, in the case of optional redemption, as and when directed by the County punuant to written instructions from an authorized representative of the County given at least forty-five (45) days prior to the redemption date (unless a shorter notice period shall be satisfactory to the Registration Agent). From and after the redemption date, all Notes called for redemption shall cease to bear interest if funds an: available at the oftice of the Registration Agent for the payment thereof and if notice has been duly provided as set forth herein.

The County hereby authorizes a11d directs the Registration Agent to maintain Note registration records with respect to the Notes, to authenticate and deliver the Notes as provided herein, either at original issuance, upon transfer, or as othemise directed by the County, to effect transfers of the Notes, to give all notices of redemption as r equ id herein, to make all payments of principal and interest with ~ s p e c t to the Notes as provided herein, to cancel and destroy Notes which have bcen paid at maturity or upon wl i e r redenlption or submitted for exchange or tmnsier, to funlish the County at least annually a certificate of destruction with respect to Notes wnceled and destroyed, and to furnish the County at least ammally an audit confurnation of Notes paid, Notes uutstanding and payments made with respect to interest on the Notes. The County Executive is bereby authorized to execute and the County Clerk is hereby authorized to attest such written agreement between the County and the Registrdtion Agent as they shall deem necessary or proper with respect to the obligations, duties and rights of the Registration Agent. The payment of all reasonable fees and expenses of the Registration Agent for thc discharge of its duties and obligations l~creunder or under any such agreenlent is hereby authorized arld directed.

The Notes shall be payable, both principal and interest, in lawful money of the United States of America at the oftice of the Registration Agent. The Registration Agent shall make all in te~st payments with respect to the Notes on each inlerest payment date directly to the registered owners as shown on h e Note registration records maintained by the Regismtion Agent as of the close of business on a date which is the fifteentll day of the month next preceding the interest payment (the "Regul;lr Record Date") by check or draft nlailed to such owners at such owners' addresses shown on said Note registrdtiorl records, without, except for fmal payment, the presentation or surrender of such registered Notes, and all such payments shall discharge the obligations of the County in respect of such Notes to the extent of the payments so made. Payment of principal of the Notes shall be made upon presentation and surrender of such Notes to the Registration Agent as the same sh'all become due and payable.

Any interest on any Note which is payable but is not puncmally paid or duly provided for on any interest payment date (h&nafter "Defaulted Interest") shall forthwith cease to be payable to the registeled owner on the relevant Regular Record Date; and, in lieu thereof, such Defaulted Interest shall be paid by the County to the persons in whose names the Notes are registered at the close of business on a date (the "Special Record Date") for the payment of such Defaulted Interest, which shall be fixed in the following manner: the County shall notify the Registration Agent in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date of the proposed payment, and at the same time the County shall deposit with the Registration Agent an amount of money equal to the aggregate amount proposed to be paid in respect of such Defaulted Interest or shall make arrangements satisfactory to the Registration Agent for such deposit prior to the date of the proposed payment, such money when deposited to be held in m s t for the benefit of the persons entitled to such Defaulted Interest as in this Section provided. Thereupon, not less than ten (10) days after the receipt by the Registration Agent of the notice of the proposed payment, the Registration Agent shall fix a Special Record Date for the payment of such Defaulted Interest which Date shall be not more than lifken (15) nor less than ten (10) days prior to the date of the proposed payment to the registered owners. The Registration Agent shall promptly notify the County of such Special Record Date and, in the name and at the expense of the County, not less than ten (10) days prior to such Special Record Date, shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor to be mailed, fxst class postage prepaid, to each registered owner at the address thereof as it apppears in the Note registration m r d s maintained by the Registration Agent as of the date of such notice. Nothing contained in this Section or in the Notes shall impair any statuto~y or other rights in law or in equity of any registered owner arising as a result of the failure of the County to punctually pay or duly provide for the payment of principal of and interest on the Notes when due.

The Notes are transferable only by presentation to the Registration Agent by the registered owner, or his legal representative duly authorized in writing, of the registered Note(s) to be transferred with the form of assignment on the reverse side thereof completed in full and signed with the name of the registered owner as it appears upon the face of the Note($ accompanied by appmpriate documentation necessary to prove the legal capacity of any legal representative of the registered owner. Upon of the Note(s) in such f o m and with such documentation, if any, the Registration Agent shall issue a new Note or Notes to the assignee(s) in $5,000 denominations, or integral multiples thereof, as requested by the registered owner requesthg uansfer. The Registration Agent shall not be required to transfer or exchange any Note during the period commencing on a Regular or Special Record Date and ending on the corresponding interest payment date of such Note, nor to ttansfer or exchange any Note afte.r the notice calling such Note for redemption has been made, nor to transfer or exchange any Note during the period following the receipt of instnrctions from the County to call such Note for redemption; provided, the Registration Agent, at its option, may make transfers after any of said dates. No charge shall be made to any registered owner forthe privilege of transferring any Note, provided that any transfer tax relating to such transaction shall be paid by the registered owner requesting uansfer. The person in whose name any Note shall he registered shall be deemed and regarded as the absolute owner thereof for dl purposes and neither the County nor the Registration Agent shall be affected

by any notice to the contrary whether or not any payments due on the Notes shall be overdue. Notes, upon surrender to the Registration Agent, may, at the option of the registered owner, be exchanged for an equal aggregate principal amount of Notes of the same maturity in any authorized denomination or denorninations.

The Notes shall he signed by tlrc County Executive and altcsted by the County Clerk by lheir respt ivc facsimile signatures, and sllall have unprinled thereun a facsimile of the corporate scal of tlle County.

The Registration Agent is hereby authorized to authenticate and deliver the Notes to the original purchawr thereof or as the original purchaser may designate upon receipt by the County of the proceeds of the sale thereof and to authenticate and deliver Notes in exchange for Notes of the same principal amount delivered for transfer upon receipt of the Note($ to be transferred in proper form with proper documentation as hereinabove described. The Notes shall not be valid for any plrrpose unless authenticated by tlle Registration Agent by the manual signature of an officer thereof on the certificate set forth herein on the Note fonn.

lo case my Note shall become motilated, or he lost, stolen, or destroyed, the County, in its discretion, shall issue, and the Registration Agent, upon written direction from the County, shall authenti~lte and deliver, a new Note of like tenor, amount, maturity and date, in exchange and substitlrtion for, and upon the cancellation of, the mutilated Note, or in lieu of and substitution lor such lost, su~len or destroyed Note, or if any such Note shall have matured or shall be about to mahln, instead of issuing a substituted Note the County may pay or authorize payment of such Note without sumnder thereof. In every case the applicant shall furnish evidence satisfactory to tlre County and the Registratio11 Agent of the destruction, theft or loss of such Note, and indemnity sntisfactoq to the County and the Registration Agent; and the County may charge the applicant for the issue of such new Notc an anlount sufficient to reimburse thc County for the cxpense incurred by it in the issue thereof.

MM 4. h u c c Yf ZaymmT. The Notes shall be payable from unlimited ad valorem taxes to be levied on all taxable prapefiy within the County. For the prompt payment of principal of and interest on the Notes, the full faith and credit of the County are hereby irrevocably pledged.

Seclinn 5 . Eolm of N W . The Notes shall be in substa~ltially the following forn~, the omissions lo be aj>propriately cozr~pleted when the Notes are prej~ared and delivered:

(Fom of Note)

REGISTERED Number

$

REGISTERED

UNITED STATES OF AMERICA STATE OF TWNeSSEe

COUNTY OF SULLIVAN GENERAL OBLIGATION CAPITAL OUTLAY NOTE, SERIES 1998

Interest Rate: Maturity Date: Dated Date: C U S P NO:

Registered Owner: Principal Amount:

KNOW ALL MEN BY THESE PRESENTS: That Sullivan County, Tennessee (the "County"), for value received hereby promises to pay to the registered owner hereof, hereinabove named, or registered assigns, in the manner hereinafter provided, the principal amount hereinabove set forth on the mahuity date hereinabove seI forth or upon earlier redemption as set forth herein, and to pay interest (computed on the basis of a 360 day year of twelve 30 day months) on said principal amount at the rate of interest hereinabove set forth from the date herenf until this Note matures or is deemed, said interest being payable on October 1, 1999, and semi- annually thereafter on first day of April and October until this Note matures or is redeemed. Both principal hereof and interest hereon are payable in lawful money of the United States of America by check or dmft at the principal corporate trum office of F i s t Tennessee Bank National Association, Memphis, Tennessee, as registration and paying agent (the "Registration Agent"). The Registration Agent shall make all interest payments with respect to this Note on each interest payment date directly to the registered owner hereof shown on the Note registration m r d s maintained by the Registration Agent as of the close of business on a date which is ffteenth day of the month next preceding the interest payment date (the "Regular Record Date") by check or draft mailed to such owner at such owner's address shown on said Note registration records, without, except for final payment, the presentation or surrender of this Note, and all such payments shall discharge the obligations of the County to the extent of the payments so made. Any such interest not so punctually paid or duly provided for on any interest payment date shall forthwith cease to be payable to the registered owner on the relevant Regular Record Date; and, in lieu thereof, such defaulted interest shall be payable to the person in whose name this Note is registered at the close of business on the date (the "Special Record Date") for payment of such defaulted interest to be fixed by the Registration Agent, notice of which shall be given to the owners of the Notes of the issue of which this Note is one not less than ten (10) days prior to such

This Note is one of the issue of notes issued pursuant to the Resolution hereinabove described.

FIRST TENNESSEE BANK NATIONAL ASSOCIATION Registration Agent

By: Authorized Officer

(Form of Reverse Side of Note)

Notes mahiring April 1 , 2 W through April 1, 2008, shall mature without option of prior redemption. Notes maturing on April 1, 2009 and April 1, 2010, shall be subject to redemption prior to maturity at the option of the County on April 1, 2008 and thereafter, as a whole or in part, at any time, at the redemption price of par plus accrued interest to the redemption date. If less than all the Notes shall be called for redemption, the maturities to be redeemed shall be designated by the Board of County Commissioners of the County, in its discretion, and, if less than all of the Notes of a maturity shall be called for redemption, the Notes within the maturity to be redeemed shall be selected by the Registdon Agent by lot or in such other random manner as the Registration Agent shall determine.

Notice of call for redemption shall be given by the Registration Agent on behalf of the County not less than thirty (30) nor more than sixty (60) days prior to the date fixed for redemption by sending an appropriate notice u, the registered owners of the Notes to be redeemed by first-class mail, postage prepaid, at the addresses shown on the Note registration records of the Registration Agent as of the date of the notice; but neither failure to mail such notice nor any defect in any such notice so mailed shall affect the sufficiency of the proceedings for the redemption of the Notes for which proper notice was given. From and after any redemption date, all Notes called for redemotion shall cease to bear interest if funds are available at the office of the Registration Agent for the payment thereof and if notice has been duly provided as set forth herein.

This Note is transferable by the registered owner hereof in person or by such owner's attorney duly authorized in writing at the principal corporate trust office of the RegisMion Agent set foah on the fmnt side hereof, but only in the manner, subject to limitations and upon payment of the charges provided in the Resolution, as hereafter defmed, and upon surrender and cancellation of this Note. Upon such transfer a new Note or Notes of authorized denomination or denominations of the same maturity and interest rate for the same aggregate principal amount will be issued to the transferee in exchange therefor. The person in whose name this Note is registered shall be deemed and regarded as the absolute owner thereof for all purposes and neither

* - I '

the County nor the Registration Agent shall be affected by any notice to the contrary whether or not any payments due on the Note shall be overdue. Notes, upon surrender to the Registration Agent, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of the Notes of the same maturity in authorized denomination or denominations, upon the terms set forth in the Resolution. The Registration Agent shall nnt he required to transfer or exclk~ngc any Note during the perial commencing on a Reguk Rccold Date or Special 1le;onI Data aa l enrling on the com~pooding interest payment datc of such Note, nor to transfer or excharlgc any Note ,after the notice calling such Note fur redemption llas been made, rmr to tr:insfer or exclla~lge any Note during the period following the rr~eipt of in.itruclions from the County to call %uch Note; provided, the Regitsation Agent, at its option, may make transfers aher any of said dates.

This Note is one of a total authorized issue aggregating $ and issued by the County for the purpose of providing funds for expansions, renovations and iinprove~nents to the Sullivan County jail facility, the payment of legal, fiscal, administrative, architectural and cngincering costs incident thereto, and costs incident to the issuance and sale of the Notes, under and in full complialce with the constitution and statutes of the State of Tennessee, including Sectiolls 9-21-101 c t w , Tennessee Code Annotated, and pursuant to a resolutioi~ (the "Resolution") duly adopted by the Board of County Commissioners of tile County on November 23, 1998.

This Note is payable fmm unlimited ad valorem taxes to be levied on all taxable property within the County. For the prompt payment of principal of and intercst on this Note, the full faith and c&it of the County arc irrevocably pledged. For a more complete statement of the general covenants and provisions pursuant to which this Note is issued, reference is hereby made to said resolution.

This Note and the inconle therefrom are exempt from all present state, county and ~llu~~icipial IHXCS in 'Te~messe cxcq~t (a) inheritance, transfer arid cstate taxes, (b) Tennessee excise taxes on interest on the Note du~ing the period the Note is held or beneficially owned by a corporation, bank, savings and loan association or any other business entity described in Sectioli 67-4-806, Tennessee Code Annotated, and (c) Tennessee franchise taxes by reason of the inclusion of the book value of the Note in the Tennessee franchise tax base of any corporation, bank, savings and lr~an association or other business entity described in Section 67-4-903, Tennessee Codc Annot;~tul.

(FORM OF ASSIGNMENT)

FOR VALUE R X E N E D , the undersigned sells, assigns, and transfers unto , whose address is

(Please insert Social Security or F e d e d Tax Identification Number 1, the within Note of Sullivan County. Tennessee and docs hereby irrevocably constitute and appoint

, attorney, to transfer the said Note on the records kept for registration thereof with full power of substitution in the premises.

Dated:

.................................... NOTICE: Tl~e signature to this assignment must correspond with the name of the registered owner as it appears on the face of the within Note in every particular, without alteration or enlargement or any change whatsoever.

Signature guaranteed:

NCXJKE: Signature(s) must be guaranteed by a member of a Medallion Program acceptable to the Registration Agent.

Saion 6 . L&uJ! af Taa. The County, through its Governing Body, shall annually levy and collect a tax upon all taxable property within the County, in addition to all other taxes authorized by law, sufficient to pay principal of and interest on the Notes when due, and for that purpose there is hereby levied a direct tax in such amount as may be found necessary each year to pay principal and interest coming due on the Notes. Principal and interest falling due at any time when there are insufficient funds from this tax levy on band shall be paid from the current funds of the County and reimbursement therefor shaU be made out of the taxes hereby provided to be levied when the same shall have been collected. The tax herein provided may be reduced to the extent of any appropriations from other funds, taxes and revenues of the County to the payment of debt service on the Notes.

(a) The Notes shall be offered for public sale at a price of not less than ninety-nine percent (99.0%) of par, plus accrued interest, as a whole or in part fmm time to time, and may be offered in one or more emissions from time to time as shall be determined by the County Executive, in consultation with J. C. Bradford & Co., Nashville, Tennessee, the County's fina~ici;ll advisor.

(h) If the Notes arc sold in trlorc t lm one emission, the County Exccotive is authorized to designate the series of each en~ission, to cause to be sold in each enlission m aggregate principal amount of Notes less than that shown in Section 3 hereof for each emission, and to make corresponding adjustments to the ~naturity schedule of each emission desipated in Section 3 hereof, so long as the total aggregate principal amount of all emissions issued does not exceed the toW aggregate of Notes authorized to be issued herein.

(c) The County Executive is further authorud to change the dated date of the Notes or any cmissio~l thereof, to a date other than December 1, 1998, to determine the series designation of each clnission of Notes, to change the first interest payment date on the Notes or any emissiori thereof to a date other than October 1, 1999, to sdjust the principal and interest paynicrlt dates and matu~ity arnounts of the Notes or any emissior~ thereof, provided the total prirlcipal amount of all emissions of the Notes does not excced the total arnount of Notes authorized herein, to adjust the County's optional redemption datcs of the Notes and to adjust the redemption price of the Notes to a premillm not to excced one percent (1 %) of the par amount of Ihe Notes called for rede~nption, but only if the Notes are origin,%lly sold at par, to sell the Notes or any maturities thereof as term notes with mandatory redempriun requirements corresponding to the ~uaturitirs set fonh herein or as otherwise dctennined by tlw County Executive, as he shall deem most advantageol~s to the County, and to causc all or a portion of the Notes to be insured by a bond insu~ance policy issued by a nationally recognized bond insurance company to achieve the purposes set font1 hesin and to serve the best ir~tcrest of the County

(d) Tile cou.nty Executive is authorized to sell the Notes simultaneously with the County's School Bonds, Series 1998 or any other series of school bonds authorized on the date hereof by resolution of the Governing Body.

(e) The County Executive is autho~hed to award the Notes to the bidder whose bid rcsults in the lowest illterest cost to the County, provided the rate on none of the Notes excezds six percent (6%) per annum. The award of thc Notes by the County Executive to the lowest bidder shall be binding on the County, and no further action of the Governing Body with respect thercto shall be required. I h e Corn of the Note set forth in Section 5 hereof, shall be conformed to reflect any changes made pursuant to this Section 7 hereof.

(0 The County Executive and County Clerk, or eithcr of them, are aulhorized to cause the Notes to be authenticated and delivered by the Registration Agent to the successful bidder and

to execute, publish, and deliver all certificates and documents including an official statement and closing certificates, as they shall deem necessary in connection with the sale and delivev of the Notes. The County executive and County C l d are hereby authotked m enter into a contract with J.C. Bradford & So., Nashville, Tennessee, for financial advisory services in connection with the sale of the Notes.

(g) The Notes shall not be issued until after the approval of the State Director of Local Finance shall have been obtained as required by Sections 9-21-101 et seq., Tennessee Code Annotated.

SeWian 8. DisDosition of NRk J3acds. From the proceeds of the sale of the Notes, all accrued interest, if any, shall be deposited to the appropriateefund of the County to be used to pay interest on the Notes on the first interest payment date following delivery of the Notes.

The remainder of the proceeds of the sale of the Notes shall be deposited with a financial institution regulated by the Federal Deposit Insurance Corporation or similar federal agency in a special fund known as the Jail Improvement Construction Fund (the "Construction Fund") to be kept separate and apart from all other funds of the County. The County shall disburse funds in the Construction Fund to pay costs of issuance of the Notes, including necessary legal, accounting and fiscal expenses, printing, engraving, advertising and similar expenses, administrative and clerical costs, R e g i s d o n Agent fees, bond insurance premiums, if any, and other necessary miscellaneous expenses incurred in connection with the issuance and sale of the Notes. Money in the Construction Fund shall be secured in the manner prescribed by applicable statutes relative to the securing of public or trust funds, if any, or, in the absence of such a statute, by a pledge of readily marketable securities having at all times a market value of not less than the amount in said Construction Fund. Money in the Construction Fund shall be expended only for the purposes authorized by this resolution. Any funds remaining in the Construction Fund after completion of the Project and payment of authorized expenses shall be paid to the County Tmstee and shall be used to pay principal of and interest on the Notes. Moneys in the Construction Fund shall be invested at the direction of the County Trustee in such investments as shall be pemitted by applicable law. Eamings from such investments shall be placed in the Construction Fund or transferred to the County Tmtee to be deposited in the County's debt service fund as directed by the County Executive.

kctbn 9. Qflid Statemeot. The County Executive and County Clerk, or either of them, working with .I. C. Bradford & Co., Nashville, Tennessee, the County's financial advisor, are hereby authorized and directed to provide for the preparation and distribution of a heliminary Official Statement describing the Notes. After the Notes have been sold, the County Executive and County Clerk, or either of them, shall make such completions, omissions, insertions, and changes in the Prelimhy Official Statement not inconsistent with this resolution as are necessary or desirable to complete it as a fmal Official Statement for purposes of Rule 15~2-12@)(3) of the Securities and Exchange Commission. The County Executive and County Clerk, or either of them, shall arrange for the delivery of a reasonable number of copies of the Official Statement

within seven business days after the Notes have been sold for delivery ta each potential investor requesting 4 copy of the Official Statement and to each person to whoni such bidder and members of his bidding group initially sell the Notes.

The County Executive and County Clerk, or either of them, are authorized, on behalf of the Col~llIy, to ducrn the Prcliminaly Official Statement and thc Official Statement in final fonn, each to 1% final as of its date within the meanimg of Rulc 15~2-12(b)(l), except for the olnissiun in the Preliminary OTfici:\l SL?temc~~t of certdu~ pricing and other iofom~ation allowwl to be on~it tal pursuant to such Rule 15~2-12@)(1). The distribution of the Preliminary Official Statement and the Oflicial Statement in in4 form shall be conclusive evidence that each has been deemed in final form as of its date by the County except for the olnission in the Preliminary Offici,al Statement of such pricing and other information.

,k& 10. A r b h g ~ . The County recognizes that the purchasers and owners of the Noles will have accepted them on, and paid therefor a price that reflects, the understanding that interest theran is excludable from gross income for purposes of federal income taxation under laws in force on the date of delivery of the Notes. In this connection, the County agrees that it sliall take no action wltich rllay cause the interest on any of said Notes to be included in gmss income for purposes of federal income taxation. It is the reasonable expeetation of the Governing Body of the County that the proceeds of thc Notes will not be used in a nlanner which will cause the Notes to be " d i m g e bonds" within the meaning of Section 148 of the Code, and to lhis end the said proweds of the Notes and other related funds established for the purposes herein set out shall be used and spent expeditiously for the purposes described herein. The Governing Body furtl~er covenants and represents that in the event it shall be required by Section 148(0 of the Code to pay any "rchate amount" with respect to the Notes to the United States government, it will make such payi~icnts as and when ~ e q u k l by said Section 148(f) and will take sllch other actions as shall be necesuy or permitted to prevent the interest on the Notes from being included in gross incir~ne for fedcnl income tax purposes. The County Executive and County Clcrk, or either of than, are aulhulixd and d i i l e d to make such certifications in this regard in connection with the sale of the Noles as cither or both shall deem appropriate, and such certifications shall constitute a rcpresentatian and cectification o t the County.

SLZ&QCL 11. JXskge aod Satisfaction af If the County shall pay and discharge the indebtedness evidenced by any of the Notes in any one or more of the foUowing ways, to wit:

(a) By paying or causing to be paid, by dcposit of sufficiellt funds as and whcu required with the Itegistration Agent, the principal of and interest on such Notes as and %,hen the same become due and payable;

@) By depositing or causing to be deposited with any rmst company or f m c i a l institution whose deposits are insured by the Federal Deposit Insurance Corpolation or similar federal agency and which has trust powers ("an Agent"; which Agent nlay k the Registration Agent) in trust or escrow, on or befon: the date of maturity or redemption, sufficient money or Federal Obligations,

as hereafter defmed, the principal of and interest on which, when due and payable, will provide sufficient moneys to pay or redeem such Notes and to pay principal and interest thereon when due until the maturity or redemption date (provided, if such Notes are to be redeemed prior to maturity thereof, proper notice of such redemption shall have been given or adequate provision shall have been made for the giving of such notice);

(c) By deliverjng such Notes to the Registration Agent, for cancellation by it;

and if the County shall also pay or cause to he paid all other sums payable hereunder by the County with respect to such Notes, or make adequate provision therefor, and by resolution of the Governing Body instruct any' such Escrow Agent to pay amounts when and as required to the Registration Agent for the payment of principal of and interest on such Notes when due, then and in that case the indebtedness evidenced by such Notes shall be discharged and satisfied and all covenants, agreements and obligations of the County to the holders of such Notes shall be fully discharged and satisfied and shall thereupon cease, terminate and become void.

If the County shall pay and discharge the indebtedness evidenced by any of the Notes in the manner provided in either clause (a) or clause @) above, then the registered owners thereof shall thereafter be entitled only to payment out of the money or Federal Obligations deposited as aforesaid.

Except as otherwise provided in this Section, neither Federal Obligations nor moneys deposited with the Registration Agent pursuant to this Section nor principal or interest payments on any such Federal Obligations shall be withdrawn or used for any purpose other than, and shall be held in trust for, the payment of the principal and interest on said Notes; provided that any cash received from such principal or interest payments on such Federal Obligations deposited with the Registration Agent, (A) to the extent such cash will not he required at any time for such purpose, shall be paid over to the County as received by the Registration Agent and (B) to the extent such cash will be required for such purpose at a later date, shall, to the extent practicable, he reinvested in Federal Obligations maturing at times and in amounts sufficient to pay when due the principal and interest to become due on said Notes on or prior to such maturity date thereof, as the case may be, and interest earned from such reinvements shall be paid over to the County, as received by the Registration Agent. Por the purposes of this Section, Federal Obligations shall mean d i t obligations of, or obligations, the principal of and interest on which are guaranteed by, the United States of America, or any agency thereof, obligations of any agency or instrumentality of the United States or any other obligations at the time of the purchase thereof are permitted investments under Tennessee Law for the purposes described in this Section, which bonds or other obligations shall not be subject to redemption prior to their maturity other than at the option of the registered owner thereof.

.S&.QO 12. -. The County hereby covenants and agrees that it will pmvide annual financial information and material event notices for the Notes, as required by Rule 15~2-12 of the Securities Exchange Commission. The County Executive is authorized to execute

C ' at the closing of the sale of the Notes, an agreement for the benefit of and enforceable by the owners of the Notes specifying the details of the fmancial information and material event notices to be provided and its obligations relating thereto. Failure of the County to con~ply with the undertaking herein described and to be detailed in said closing agreement, shall not be a default hereundcr, but any such failure slmU ccl~titlc the owner or owners of any of the Notes to Wke such actions ;~nd to initiate such p~nceedings as sliall be necessary and appropriate to cause the County to comply with tlleir undertaking arj scl fotlh llcrein and in said agreement, including tile renledics of ~naidarnus and specific pel-formz~ncc.

&&QU 13. QUilhfd &EXCUJll . . . To the extent the Notes may be

designated as "qualified tax-cxcnlpt obligations" within the meaning of and pursuant to Section 265 of the Code, the Governing Body hereby designates the Notes as "qualified tax-exempt ubligationb".

S ~ Q U 14. &~QIM!& Exge&d EGQJLQ& a. The "reasonably expected economic life" of the irl~provernel~ts and equipment con~prising the Project within the meaning of Section 9-21-101 w, Tennessee Code Annotated, is greater than twelve (12) years.

ka im 15. Resolution a w. The provisions of this resolution shall constitute a co~luact between the County and the registered owners of the Notes, and after the issuance of the Notes, no change, variation or alteration of any kind in the provisions of this resolutior~ shall be made in any manner unii such time as the Notes and interest due thereon shall have been paid in f1lU.

%&XI 16. S-. If any section, paragraph or provision of this resolution shall be held to be illvalid or unenforceable for any reason, the illvalidity or unenforceability of such section, paragnl~h or pruvision shall not affect any of the remaining provisions of this resolution.

MQU 17. ufrunilicliny: R e s n l i h andEffectivznats. All other resolutions and urdzrs, or parts thcreof, in conllict with the provisions of this resolution, are, to the extent of such conflict, hereby repealed and this resolution shall be in immediate effect from and after its adoption.

Adopted and approved this 23rd day of November, 1998.

STATE OF TENNESSEE )

COUNTY OF SULLIVAN)

I, J a ~ u e Gamn~on, hereby certify that 1 am t l~e duly qualified and acting County Clerk of

Sullivan County, Tennessee, ; u ~ d as such official I further certify that attached hereto is a copy

uf excerpts from the minutes of a regular meeting of the governing body of the County held on

November 23, 1998; that these minutes were promptly and fully recorded and an: open to public

ulspection; that I have compared said copy with the original minute record of said meeting in my

official custody; and that said copy is a true, correct and complete transcript from said original

minute record insofar as said original record relates to not Lo exceed $8,000,000 General

Obligation Capital Outlay Notes, Series 1998 of said Cuunty.

WITNZSS my official signature aod seal of said County this day of November,

1998.

The Board of County Commissioners of Sullivan County, Tmnssce, met in angular

Session on November 23, 1998, at 9:W am., E. S. T.. at the County Caunhouse, BlountviUe,

Tennessee, with Gii Hcdges, County Executive, presiding.

The following Cammissionen were present:

Bryan Boyd June Carter Fred T. Childr~s Dennis L. Houscr Marvin Hyatt James "Buddy" King Howard G. Pahick Archie N. Pierce

0. W. Ferguson Eddie W~lliams Mike Goncc Carol Belcher Ralph Ham Jim Blalock Samuel C. Jones Elliott Kilgore James L. King Dwight Mason Wayne M c c o m e ~ Mark Vance Paul Milhom Michael Surgenor Randy Monell

The following Commissioners were absent:

Gary Mayes

There were also present Jeanie Gammon, County Clerk and brry Bailey, Director of

Accounts and Budgets.

After the meeting was duly called to order, the following resolution was introduced by

Williamr, second by &n and after due deliberation, was adopted by the following vote:

AYE: 23

NAY: 0

A RESOLUTION AUTHORIZING THE ISSUANCE OF SCHOOL BONDS, IN TIIE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED SEVENTEEN MILLION DOLLARS ($17,000.000) OF SULLIVAN COUNTY, I'ENNESSEI5; EvlAKING PI<OVISION FOR TIIE ISSUANCE. SALE AND I'AYbIENT 01' SAID IIONIIS; ES1'ABL.ISIIING THETEIGfS 'FHEREOF AND THE DISPOSITION Of: PIIOCEEDS THEREFROM; PROVIDING FOR THE LEVY OF 'TAX FOR THE PAYMENT O F PRINCIPAL OF AND INTEREST ON 'THE BONDS.

WHEREAS, under the provisions of Sections 49-3-1001 to 49-3-1008, inclusive, Tennessee Code Annotated, counties in Tennessee are authorized through their respective governlrig bod~es to issue and sell bonds of said counties for school purposes; and

WHEREAS, rhe Board of County Commissioners of Sulli\'an County, Tennessee, has heretofore delermined that it is necessary and advisable to issue not to exceed $17,000.WO in aggregate principal amuunt of school bonds for the purpose of providing fuirds for the purchasr of sites for County school buildings and facilities; the constructing, furnishing and equippi~tg of school liuild~~lgs and facilities located in the County; the payment of engineering, legal, fiscal and administrative cnsts incident ro tlle foregoing; and the payment of costs incident to the issuance and sale of the Bonds; and

WHEREAS, il is the intention of the Board of County Commissioners to adopt this resolurion for lhe purpose of authorizing not to exceed $17,000.000 in aggregate principal amount of said bonds, providing for the issuance. sale and payrncnt of said bonds, establishing the terms thereof, and [lie disposition o f proceeds therefrom, and providing for the levy of a tax for the paylttent of priricipal thereof and intcrest t l~creon.

S O W . THEREFORE, BE IT RESOLVED by the Board o f County Commissioners of Sullivan County, Tennessee, as follows:

S i i m 1. Tlte bonds authorized by this resolution are issued pursuant to Sections 49-3-1001 ro 49-3-1008. inclusive, Teilrtessee Code Annotated, and otl~er applicable provisions of law.

Section 2 . Definitions. Tlte following rerms shall have the following meanings in this resolution unless the text expressly or by necessary implication requires otherwise:

(a) "Bonds" shall mean not to exceed $17,000,000 School Bonds, Series 1998 of the County, to be dated December 1, 1998, or such other name, date and series designation as shall be desi_enated by the Counry Executive pursuant to Section 7 hereof, authorized to be issued by this resolution;

(b) "Code" shall mean the Internal Revenue Code of 1986, as amended, and all lawful regulations promulgated or proposed thereunder;

(c) "County" shall mean Sullivan County. Tennessee;

(d) "Governing Body" shall mean the Board of County Commissioners of the County;

(e) "Project" shall mean purchase of sites for school buildings and facilities; constructing, furnishing and equipping of school buildings and facilities located in the County; and the payment of engineering, legal, fiscal and administrative costs incident to the foregoing;

( 0 "Registration Agent" shall mean First Tennessee Bank National Association, Memphis. Tennessee, the registration and paying agent for the Bonds or any successor designated by the Governing Body.

3. A u t b o r w o n an . .

d Terms of the Bonds. For the purpose of providing funds to pay the costs of the Project, to provide funds required to be shared with the Cities pursuant to Section 49-3-1003 (b)(l), Tennessee Code Annotated, and to pay costs incident to the issuance and sale of the Bonds, as more fully set forth in Section 8 hereof, there are hereby authorized to be issued school bonds of the County in the aggregate principal amount not to exceed $17,000,000. The Bonds shall be issued in fully registered form shall he known as "School Bonds" and each Bond shall be dated December 1, 1998, or such other designation and dated date as shall be established pursuant to Section 7 hereof. The Bonds shall bear interest at a rate or rates not to exceed six percent (6.00%) per annum, payable semi-annually on [he first day of April and Ocrober in each year commencing October 1, 1999. The Bonds shall be issued initially in $5,000 denominations or integral multiples thereof, as shall he requested by the original purchaser thereof. The Bonds shall mature serially and be payable on April lof each year as follows (subject to the adjustments permitted pursuant to Section 8 hereotl:

Years - 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024

Amounts

635.000.00 700.000.00 770,000.00 850,000.00 935,000.00

1.025.000.00 1,115,000.00 1.215,000.00 1.320,OOO.OO 1,435,000.00 1,550,000.00 1.680,OOO.OO 1,815,000.00 1,955,000.00

Bonds maturing April 1, 2000 through April 1, 2008, inclusive, shall mature without uplion of prior redeniption. Bonds nlaturit~g April 1. 2009 and thereafter, shall be subject to redemption prior to maturity at the option of the County on April 1, 2008 and thereafter, as a whole or in part at any time at the redemption price of par plus interest acc~ued to the redemption date. or such other redemption dates and redemption prices as may be determined pursuant to Section 7 hereof.

Pursuant to Section 7 hereof, the County Executive is authorized to sell the Bonds, or any maturities thereof, 3s term Bonds with mandatory redemption requireme~lts. In the event any or all the Bonds are sold as term Bonds, the County sllall redeem such term Bonds on the redemption datcs correspo~iding to the maturity dates set fort11 licrein in aggregate principal amounts equal to the maturity amounts set forth herein for each redemption date, as such maturity atnounts may be adjusted pursuant to Section 7 hereof. Boltds so redeemed shall be redeemed at a price of par plus accrued interest thereon to the date of redemption. The term Bonds to be so redeemed shall be selected by lot or in such other random manner as the Registration Agent in its discretion may determine.

If less than all the Bonds shall be called for redemption, the Governing Body, in its discretion, sliall designate the maturity or inaturities which will be redeemed, and, if less than all [he Bonds of a single maNrity shall be called for redemption, the Bonds within the maturity to be redeemed sliall be selected by the Registration Agent by lot or such other random manner as the Registration \gent in its discretion may determine.

At its option, to be exercised on or before the forty-fifth (45th) day next preceding any such redemption date, the County may (i) deliver to the Registration Agent for cancellation Bonds to be redeemed, in any aggregate principal amount desired, andlor (ii) receive a credit in respect of its redemption obligation under this mandatory redemption provision for any Bonds of the maturity to be redeemed which prior to said date have been purchased or redeemed (otherwise than through the operation of this mandatory sinking fund redemption provision) and canceled by the Registration Agent and not theretofore applied as a credit against any redemption obligation under this mandatory sinking fund provision. Each Bond so delivered or previously purchased or redeemed shall be credited by the Registration Agent at 100% of the principal amount thereof on the obligation of the County on such payment date and any excess shall be credited on future redemption obligations in chronological order, and the principal amount of Bonds to be redeemed by operation of this mandatory sinking fund provision shall be accordingly reduced. The County shall on or before the forty-fifth (45th) day next preceding each payment date furnish the Registration Agent with its certificate indicating whether or not and to what extent the provisions of clauses (i) and (ii) of this subsection are to be availed of with respect to such payment and confirm that funds for the balance of the next succeeding prescribed payment will be paid on or before the next succeeding payment date.

Notice of call for redemption shall be given by the Registration Agent on behalf of the County not less than thirty (30) nor more than sixty (60) days prior to the date fixed for redemption by sending an appropriate notice to the registered owners of the Bonds to be redeemed by first-class mail, postage prepaid, at the addresses shown on the bond registration records of the Registration Agent as of the date of the notice; but neither failure to mail such notice nor any defect in any such notice so mailed shall affect the sufficiency of the proceedings for redemption of any of the Bonds for which proper notice was given. The Registration Agent shall mail said notices, in the case of term bonds with mandatory redemption requirements as and when provided herein and in the Bonds and, in the case of optional redemption, as and when directed by the County pursuant to written instructions from an authorized representative of the County given at least forty-five (45) days prior to the redemption date (unless a shorter notice period shall be satisfactory to the Registration Agent). From and after the redemption date, all Bonds called for redemption shall cease to bear interest if funds are available at the office of the Registration Agent for the payment thereof and if notice has been duly provided as set forth herein.

The Governing Body hereby authorizes and directs the Registration Agent to maintain Bond registration records with respect to the Bonds, to authenticate and deliver the Bonds as provided herein, either at original issuance, upon transfer, or as otherwise directed by the County, to effect transfers of the Bonds, to give all notices of redemption as required herein, to make all payments of principal and interest with respect to the Bonds as provided herein, to cancel and destroy Bonds which have been paid at maturity or upon earliest redemption or submitted for exchange or transfer, to furnish the County at least annually a certificate of destruction with respect to Bonds canceled and destroyed, and to furnish the County at least annually an audit confirmation of Bonds paid, Bonds outstanding and payments made with respect to interest on the Bonds. The County Executive is hereby authorized to execute and the County Clerk is hereby authorized to attest such

written agreement between the County and the Registration Agent as [hey shall deem necessary or proper wirh respect ro the obligations, duties and rights of the Registration Agent. The payment o f all rrasonable fees and expenses of [he Registration Agent for the discharge of its duties and ubligations hereunderor undkr ally such agreement is herchy authorized and directed.

The Bonds shall be payable, jirincipal and i~ltercst, in lawful money of the United States of America at the prirlcipal corporate trust office of the Registration Agent. The Registration Agent shall make all i~~ te res t payrnents wit11 respect to thc Bonds on each interest payment date ilirectly to the registered owners as shown on the Bond registratiorl records maintained by the Rcgistrarion Agent as of the close of business on the fifteenth day of the month next preceding the interest payment date (the "Regular Record Date") by check or draft mailed to such owners at their addresses shown on said Bond regisrrarion records, without. except for final payment, the presentation or surrender of such registered Bonds, and all such payments shall discharge the obligations of the County in respect of such Bonds to the extent of the payments so made. Paylrlent of principal of on the Bonds shall be made upon presentation and surrender of such Uonds ro the Registration Agent as tire same shall becoilic due and payable.

Any interest on any Bond which is payable but is not puncmally paid or duly provided for on any inrerest payment date (hereinafter "Defaulted Interest") shall forthwith cease to be payable to the registered owner on the relevatir Regular Record Date; and, in lieu thereof, such Defaulted Interest shall be paid by the County to the persons in whose names the Bonds are registered ar the close of business on a date (the "Special Record Date") for the payment of such Defaulted Interest. w111ch shall be fixed in the following manner: tlle Counry shall notiFy the Registration Agent in :~i iong of the amount of Defaulted Interest proposed to be paid on each Bond and the date of the ['loposed payment, and at the same time the County shall deposit with the Registratior~ Agent an : 11outit of moncy equal to the aggregate amount prupused to be Paid in respect of such Defaulted Interest or shall nlake arrangements satisfactory to [he Registration Agent for such deposit prior to the date o f the prol~osed payment, such nloney when deposited to be held in trust for the benefit of the persons entitled to such Defaulted Interest as ill this Section provided. Thereupon, not less Illan ten (10) days after the receipt by the Registration Agent of Lhe notice of the proposed payment, the Registration Agent shall fix a Special Record Date for the payment of such Defaulted Interest which Date shall be not more than fifteen (15) rlor less than [en (10) days prior ro the date of the proposed paymetlt to the registercd owners. The Registration Agent shall promptly notify tire Couniy of such Special Record Date and, in [he nitmc am1 nt the expense of the County, not less than ten (10) days prior to sucil Special Record Date, shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor to be mailed, first class postage prepaid, to each registered owner at the address thereof as it appears in the Bond registration records maintained by rhe Registration Agent as of the date of such notice. Nothing contained in this Section or in the Bonds shall impair any statutory or other rights in law or in equity of any registered owner arising as a result of the failure of the County to punctually pay or duly proLaide for the payment of principal of, premium, if any, and interest on the Bonds when due.

The Bonds are transferable only by presentation to the Registration Agent by the registered owner, or his legal representative duly authorized in writing, of the registered Bond(s) to be transferred with the form of assignment on the reverse side thereof completed in full and signed with the name of the registered owner as it appears upon the face of the Bond(s) accompanied by appropriate documentation necessary to prove the legal capacity of any legal representative of the registered owner. Upon receipt of the Bond(s) in such form and with such documentation, if any, the Registration Agent shall issue a new Bond or Bonds to the assignee(s) in $5.000 denominations, or integral multiples thereof, as requested by the registered owner requesting transfer. The Registration Agent shall not be required to transfer or exchange any Bond during the period commencing on a Regular or Special Record Date and ending on the corresponding interest payment date of such Bond, nor to transfer or exchange any Bond after the notice calling such Bond for redemption has been made, nor to transfer or exchange any Bond during the period following the receipt of instructions h.om the County to call such Bond for redemption; provided, the Registration Agent, at its option, may make transfers after any of said dates. No charge shall be made to any registered owner for the privilege of transferring any Bond, provided that any transfer tax relating to such transaction shall be paid by the registered owner requesting transfer. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes and neither the County nor the Registration Agent shall be affected by any notice to the contrary whether or not any payments due on the Bonds shall be overdue. Bonds, upon surrender to the Registration Agent, may, at the option of the registered owner, be exchanged for an equal aggregate principal amount of Bonds of the same maturity in any authorized denomination or denominations.

The Bonds shall be signed by the County Executive and attested by the County Clerk by their respective manual or facsimile signatures, and shall have imprinted thereon a facsimile of the corporate seal of the County.

The Regisuation Agent is hereby authorized to authenticate and deliver the Bonds to the original purchaser thereof or as it may designate upon receipt by the County of the proceeds of the sale thereof and to authenticate and deliver Bonds in exchange for Bonds of the same principal amount delivered for transfer upon receipt of the Bond($ to be transferred in proper form with proper documentation as hereinabove described. The Bonds shall not be valid for any purpose unless authenticated by the Registration Agent by the manual signarure of an officer thereof on the certificate set forth herein on the Bond form.

In case any Bond shall become mutilated, or be lost, stolen or destroyed, the County, in its discretion, shall issue, and the Registration Agent, upon written direction from the County shall authenticate and deliver, a new Bond of like tenor, amount, maturity and date, in exchange and substitution for, and upon the cancellation of, the mutilated Bond, or in lieu of and substitution for such lost, stolen or destroyed Bond, or if any such Bond shall have matured or shall be about to mature, instead of issuing a substituted Bond the County may pay or authorize payment of such Bond without surrender thereof. In every case the applicant shall furnish evidence satisfactory to the County and the Registration Agent of the destruction, theft or loss of such Bond, and

indemnity satisfactory to the County and (he Registration Agent; and the County may charge the applicant for the issue of such new Bond an amount sufficient to reimburse the County for the expense incurred by it in the issue tllereof.

.. Secr& fl. Sl?l!rccofPay!nent. The Bonds shall be payable from unlimited ad valorem taxes to be levicd on a11 taxable property witllirl the County. For the prompt paynient of principal of and interesr irrl the Bollds, the fill1 faith and credit of the County are hereby irrevocably plcdgcd.

a i m 5 . Farm of Bonds. The Bonds shall be in substantially the following form, the oniissions to be appropriately completed when the Bonds are prepared and delivered:

(Form of Face of Bond)

REGIS'TERLD Number

UNITED STATES O F AMERICA STATE OF TENNESSEE COUNTY OF SULLIVAN

SCHOOL BONDS. SERIES -

Interest Rate: Maturity Date: Date of Bond:

REGISTERED $

CUSIP No.:

- Dcccrnber 1 , 1998

Rrgistered Owner: Principal Amounr:

KNOW .4LL MEN BY THESE PRESENTS: That Sullivan County. ~ e m e s s e e (the "County"), for value received hereby promises to pay to the registered owner hereof, hereu~above nailled, or rcgisrered assigns, in the manner hereinafter provided, the principal amount hereillabove set fonh on [he maturity date hereinabove set forth or earlier redemption as set forth l~erein, and to pay interest (computcd on the basis of a 360-day year of twelvc 30-day nlontl~sj on said prir~cipal amount at the alulual rate of i~iterest hereinabove set forth horn the date hereof until said maturiry date or redemption date, said interest being payable on October 1, 1999, and semi- amually thereafter on the first day of April and October in each year until this Bond matures or is redeemed. Bod1 principal hereof and interest hereon are payable in lawful money of the United Srates of America by check or draft at the principal corporate trust office of First Tennessee Bank National Association, Memphis, Tennessee, as registration agent and paying agent (the "Registration Agent"). The Registration Agent shall make all interest payments with respect to rhls Bond on each interest payment date directly to the registered owner hereof shown oil the Bond registration records maintained by the Registration Agent as of the close of business on the

fifteenth day of the month next preceding the interest payment date (the "Regular Record Date") by check or draft mailed to such owner at such owner's address shown on said bond registration records, without, except for final payment, the presentation or surrender of this Bond, and all such payments shall discharge the obligations of the County to the extent of the payments so made. Any such interest not so punctually paid or duly provided for on any interest payment date shall forthwith cease to be payable to the registered owner on the relevant Regular Record Date; and, in lieu thereof, such defaulted interest shatl be payable to the person in whose name this Bond is registered at the close of business on the date (the "Special Record Date") for payment of such defaulted interest to be fixed by the Registration Agent, notice of which shall he given to the owners of the Bonds of the issue of which this Bond is one not less than ten (10) days prior to such Special Record Date. Payment of principal of this Bond shall be made when due upon presentation and surrender of this Bond to the Registration Agent.

Reference is hereby made to the further provisions of this Bond set forth on the reverse side hereof and such further provisions shall for all purposes have the same effect as if set forth on the front side hereof.

It is hereby certified, recited, and declared that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this Bond exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the County, does not exceed any limitation prescribed by the constitution and statutes of the State of T e ~ e ~ s e e .

IN WITNESS WHEREOF, the County has caused this Bond to be signed by its County Executive with his facsimile signature and anested by its County Clerk with her facsimile signature under a facsimile of the corporate seal of the County, all as of the date hereinabove set forth.

SULLIVAN COUNTY

(FACSIMILE SEAL)

A'ITESTED:

(Fa-ile) County Clerk

BY: ( F a c s a d s l . .

County Executive

Transferable and payable at the principal corporate trust office of: First Tennessee Bank National Association

Memphis, Tennessee

This Bond is one of the issue of Bonds issued pursuant to the Resolution hereinabove described. .?. @


By:- Authorized Officer

(Form of Reverse Side of Bond)

The Bonds of the issue of which this Bond maturing April 1, 2000 through April 1, 2008 shall [nature without option of prior redemption. Bonds niaturing April 1, 2009 and thereafter, shall be subject to redemption prior to lnaturiry at the option of the County on April 1, 2008 and un an) dale lheredfier at a redelnption price of par plus interest accrued to the redemption date.

If less than all the Bonds shall be called for redeniption, the maturities to be redeemed shall be designated by the Board nf County Coni~nissioners of the County, in its discretion, and, if lets than all of the Bonds of a ninturity shall he called for redemption, the Bonds within the maturity to be rederrneil shall tic seli~ctcd by the Ilcgistratioii Agelo by lot or in such other r a ~ d i l m manner as the Keg is t~~ t ion Agent in its discretion shall determine.

Yorice of call for redemption shall be given by the Registration Agent not less than rhirty (30) nor more than sixty (60) days prior to the date fixed for redemption by sending an appropriate nolice lo the regislered owners of the nonds to be redeemed by first-class mail, postage prepaid. at the addresseb sliown a n t l ~ c bond rcgistraliol~ rccords of the Registration Agent as of the date of the notice: but neither idilorc to liiail such m~t ice nor any defect in any such notice so mailed shall affect the sufficiency of the proceedings for the redemption of any of the Bonds for which proper notice was given. From and after any redemption date, all Bohds called for redemption shall cease to bcar interest if funds are available at the office of the Registration Agent for the payment thereof and if notice has been duly provided as set forth herein.

This Bond is tranhferable by the registered owner hereof in person or by such owner's attorney duly authorized in writing at the principal corporate trust office of the Registration Agent set forth on the Front side hereof, but only in the manner, subject to limitatiorls and upon payment

of the charges provided in the Resolution, as hereafter defined, and upon surrender and cancellation of this Bond. Upon such transfer a new Bond or Bonds of authorized denomination or denominations of the same maturity and interest rate for the same aggregate principal moun t will be issued to the transferee in exchange therefor. The person in whose name this Bond is registered shall be deemed and regarded as the absolute owner thereof for all purposes and neither the County nor the Registration Agent shall be affected by any notice to the contrary whether or not any payments due on the Bond shall be overdue. Bonds, upon surrender to the Registration Agent, may, at [he option of the registered owner thereof, be exchanged for an equal aggregate principal amount of the Bonds of the same maturity in authorized denomination or denominations, upon the terms set forth in the Resolution. The Registration Agent shall not be required to transfer or exchange any Bond during the period commencing on a Regular Record Date or Special Record Date and ending on the corresponding interest payment date of such Bond, nor to transfer or exchange any Bond after the notice calling such Bond for redemption has been made, nor to transfer or exchange any Bond during the period following the receipt of instructions from the County to call such Bond; provided, the Registration Agent, at its option, may make transfers after any of said dates.

This Bond is one of a total authorized issue aggregating $ and issued by the County for the purpose of providing funds to purchase sites for County school buildings and facilities; to construct, furnish and equip County school buildings and facilities; to pay engineering, legal, fiscal and administrative costs incident to the foregoing; to pay the costs incident to the issuance and sale of the Bonds; and to provide funds required to be shared with each incorporated city or town within the County pursuant to Section 49-3-1003(b)(l), Tennessee Code Annotated, under and in full compliance with the constirution and starutes of the State of Tennessee. including Sections 49-3-1001 to 49-3-1008. inclusive, Tennessee Code Annotated, the State of Tennessee, and pursuant to a resolution duly adopted by the Board of County Commissioners of the County on November 23, 1998 (the "Resolution").

This Bond is payable from unlimited ad valorem taxes to be levied on all taxable property within the County. For the prompt payment of principal of and interest on this Bond, the full faith and credit of the County are irrevocably pledged. For a more complete statement of the general covenants and provisions pursuant to which this Bond is issued, reference is hereby made to said Resolution.

This Bond and the income therefrom are exempt from all present state, county and municipal taxes in Tennessee except (a) inheritance, transfer and estate taxes, @) Tennessee excise taxes on interest on the Bond during the period the Bond is held or beneficially owned by a corporation, bank, savings and loan association or any other business entity described in Section 67-4-806, Tennessee Code Annotated, and (c) Tennessee franchise taxes by reason of the inclusion of the book value of the Bond in the Tennessee franchise tax base of any corporation, bank. savings and loan association or other business entity described in Section 67-4-903, Tennessee Code Annotated.


FOR VALUE RECEIVED, the undersigned sells, assigns, and transfers unto . .

w h o s e address is- (Plcase insert Federal Identification or Social Security Nurnber of Assignee ), the rvitl>in Bond of Sullivan Coumy, .Terulcsser, and does liereby irrevocably constitute and nppoirit

~

, attorney, to transfer the said Bond on the records kept for registration thereof with full power of substitution in ttir pretnises.

m: The signature to this assignment must correspond with the name of the registered owner as i t appears on the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever.


-- NOTICE: Signature(~) must be guaranteed hy a member firm of a Medallion Program acceptable to the Registration Agent.

Scctiol! 6. Lwjxof:!kx_. The County, through its Governing Body, shall antlually levy and collect a tax upon ail taxable property within the County, in addition to ail other taxes aulhorized by law, sufficient to pay principal of and interest on the Bonds when due, and for that purpose [here is hereby levied a direct am~ual tax in such amount as may be found necessary each yrar to pay principal and interest coming due on the Bonds in said year. Principal, premium, if any, and interest falling due at any time when there are insufficient funds from this tax levy on hand shall be paid from thc current funds o l the Coutlty nlld reunhursement therefor shall be inadc out of thc taxes l~ereby provided to be levied when thr same shall have been collected. The tax herein provided rnay be reduced to the extent o f any appropriations from other funds, taxes and revenues of the County to the payment of debt service on the Bonds.

7. Sale of Bonds. (a) The Bonds shall be offered for public sale as required by law at a price of not less than ninety-nine percent (99%) of par, exclusive of original issue discount, plus accrued interest, as a \\'hole or in part, from time to time, and may be offered in one or more crnissions from time to time, as shall be determined by the County Executive in consultation with the County's financial advisor, I. C . Bradford & Co., Nashville, Tennessee.

(b) If the Bonds are sold in more than one emission, the County Executive is authorized to designate the series of each emission, to cause to be sold in each emission an aggregate principal amount of Bonds less than that shown in Section 3 hereof for each emission, and to make corresponding adjustments to the maturity schedule of each emission designated in Section 3 hereof, so long as the total aggregate principal amount of all emissions issued does not exceed the total aggregate of Bonds authorized to be issued herein.

(c) The County Executive is further authorized to change the dated date of the Bonds or any emission thereof, to a date other than December 1. 1998, to determine the series designation of each emission of Bonds, to change the first interest payment date on the Bonds or any emission thereof to a date other than October 1. 1999, to adjust the principal and interest payment dates and maturity amounts of the Bonds or any emission thereof, provided the total principal amount of all emissions of the Bonds does not exceed the total amount of Bonds authorized herein, to change the County's optional redemption provisions of the Bonds, provided the redemption premium, if any, shall not exceed two percent (2%) of the par amount of the Bonds called for redemption, to sell the Bonds or any maturities thereof as term bonds with mandatory redemption requirements corresponding to the maturities set forth herein or as otherwise determined by the County Executive, as he shall deem most advantageous to the County, and to cause all or a portion of the Bonds to be insured by a bond insurance policy issued by a nationally recognized bond insurance company to achieve the purposes set forth herein and to serve the best interests of the County.

(d) The County Executive is further authorized to sell the Bonds simultaneously with the County's General Obligation Capital Outlay Notes, Series 1998 authorized to be issued on the dare hereof by resolution of the Governing Body and with any other series of school bonds authorized to he issued by this resolution.

(e) The County Executive is authorized to award the Bonds to the bidder whose bid results in the lowest true interest cost to the County, provided the rate or rates on none of the Bonds exceeds six percent (6%) per annum. The award of the Bonds by the County Executive to the lowest bidder shall be binding on the County, and no further action of the Governing Body with respect thereto shall be required. The form of the Bond set forth in Section 5 hereof, shall be conformed to reflect any changes made pursuant to this Section 7 hereof.

(0 The County Executive and County Clerk, or either of them, are authorized to cause the Bonds to be authenticated and delivered by the Regisuation Agent to the successful bidder and to execute, publish, and deliver all certificates and documents, including an official statement and closing certificates, as they shall deem necessary in connection with the sale and delivery of the Bonds. The County Executive and County Clerk are hereby authorized to enter into a contract with I. C. Bradford & Co., Nashville, Tennessee, for financial advisory services in connection with the sale of the Bonds.

Section 8. Ilispositim of Bond Proceeds. From the proceeds of the sale of the Bonds, all . 1 -. . .

accrued interest shall be deposited to tlie appropriate fund of the County to be used to pay interest on the Bonds on the first interest payment date following delivery of the Bonds.

The County Exccutive and the County Clerk, or either of tliem, are authorized to cause to he dcterinined the amourit of procee~ls of the Bonds required to he shared with each incorporated city or town within tlic Cou~ily pursuant to Scclior~ 49-3-1003(b)(l), Tennessee Code Annotated, arid to caosc the amounts so rlcterrni~icd to be paid over to the treasurer o f each City.

Thc re~nainder o r the procecds of tile sale of the Bonds shall be deposited with a financial institution regulntcd by the Federal Deposit Insurance Corporation or similar federal agency in a special fund known as the School Construction Fund (the "Construction Fund") to be kept separate and apart from all other funds of the Counry. The County shall disburse funds in the Collstruction Fund to pay costs of issuance of the Bonds, including necessary legal, accounting and fiscal expenses, printing, engraving, adi,errising and sin~ilar expenses, administrative and clerical costs, Registration Agent fees, bond insurance premiums, if any, and other necessary miscellaneous expenses incurred in connection with the issuance and sale of the Bonds. The remaining funds in the Construction Fuiid shall be disbursed solely to pay the costs of the Project. Money in the Construction Fund shall he secured in the manner prescribed by applicable statutes relative Lo the securing of public or lrust funds, if any, or, in the absence of such a statute, by a pledge of readily marketable securities having :tt all times a tuarket value of not less than the amount in said Construction Fund. h1o11ey in tlie Constri~clion Fund shall be expended only for the purposes authorized by this resolution. ,illy funds rcliiaining in the Construction Fund after completion of tire Project and payment of nutliorized expenses shall be paid to the County Trustee and shall be used to pay principal of and interest on the Bonds. Moneys in the Construction I'und shall be invested at the direction of the County Trustee in such investments as shall be permitted by applicablc law. Earnings from such investmer~ts shall be placed in the Construction Fund or transier~ed to the County Tmstte to be deposiied in the Couiity's debt service fund as directed by the County Executive.

Section 9. Official Statement. The County Executive and County Clerk, or either of .. - them, working with the County's financial advisor. J. C. Bradford & Co., are hereby authorized and llirccted to provide for the preparatioii and distribution of a Preliminary Official Statement descril~ing the Bonds. Alter bids hnvc hceri received and the Bonds have been awardcd, tlie Courity Executive and Courily Clerk, or either of them, shall make such completiui~s, on~jssions, irisertions and changes in the Preliminary Official Statement not inconsistent with this resolution as are necessary or desirable to complete it as a final Official Statement for purposes of Rule 1 5 ~ 2 - 12(b)(3) o f the Securities and Exchange Commission. The County Executive and County Clerk, or either of them, shall arrange for the delivery to the successful bidder on the Bonds of a reayonable number of copies of the Official Statement within seven business days after the Bonds have been awarded for delivery, by the successful bidder on the Bonds, to each potential investor requesting a copy of the Official Statement and to each person to whom such bidder and members of his bidding group initially sell the Bonds.

The County Executive and County Clerk, or either of them, are authorized, on behalf of the County, to deem the Preliminary Official Statement and the Official Statement in final form, each to be final as of its date within the meaning of Rule 15x2-12(b)(l), except for the omission in the Preliminary Official Statement of certain pricing and other information allowed to be omitted pursuant to such Rule 15~2-12(b)(l). The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed in final form as of its date by the County except for the omissioti in the Preliminary Official Statement of such pricing atid other information.

10. Arbitra~e. The County recognizes that the purchasers and owners of the Bonds will have accepred them on, and paid therefor a price that reflects, the understanding that interest thereon is excludable from gross income for purposes of federal income taxation under laws in force on the date of delivery of the Bonds. In this connection, the County agrees that it shall take no action which may cause the interest on any of said Bonds to be included in gross income for purposes of federal income taxation. It is the reasonable expectation of the Governing Body of the County that the proceeds of the Bonds will not be used in a manner which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code, and to this end the said proceeds of the Bonds and other related funds established for the purposes herein set out shall be used and spent expeditiously for the purposes described herein. The Governing Body further covenants and represents that in the event it shall be required by Section 148(f) of the Code to pay "rebate amount" with respect to the Bonds to the United States government, it will make such payments as and when required by said Section 148(f) and will take such other actions as shall be necessary or permitted to prevent the interest on the Bonds from being included in gross income for federal income tax purposes. The County Executive and County Clerk, or either of them, are authorized and directed to make such certifications in this regard in connection with the sale of the Bonds as either or both shall deem appropriate, and such certifications shall constitute a representation and certification of the County.

Scc!bn 11. !li&wgc and Satisfaction of Bonds. If the County shall pay and discharge the indebtedness evidenced by any of the Bonds in any one or more of the following ways, to wit:

(a) By paying or causing to be paid, by deposit of sufficient funds as and when required with the Registration Agent, the principal of and interest on such Bonds as and when the same become due and payable;

(b) By depositing or causing to be deposited with any trust company or financial institution whose deposits are insured by the Federal Deposit Insurance Corporation or similar federal agency and which has trust powers ("an Agent"; which Agent may be the Registration Agent) in trust or escrow, on or before the date of maturity or redemption, sufficient money or Federal Obligations, as hereafter defined, the principal of and interest on which, when due and payable, will provide sufficient moneys to pay or redeem such Bonds and to pay interest thereon when due until the maturity or redemption date (provided, if such Bonds are to be redeemed prior

to mamrity thereof, proper notice of such redemption shall have been given or adequate provision shall have been made for the giving of such notice):

(c) By delivering such Bonds to the Registration Agent, for cancellation by it;

aird i f the County shall also pay or cause lo be paid all other sums payable hereunder by the County with respect to such Bonds, or make adequate provision therefor, and by resulution of the Governing Body ir~struct any such Escrow Agent to pay amounts when and as required to the Registration Agent for the payment of principal of and interest on such Bonds when due, then and in that case the indebtedness evidenced by such Bonds shall be discharged and satisfied and all covenants, agreements and obligations of the County to the holders of such Bonds shall be fully d~scharged and satisfied and shall thereupon cease, terminate and become void.

If the County shall pay and discharge the indebtedness evidenced by any of the Bonds in the tnanner provided in either clause (a) or clause (b) above, then the registered owners tlleleof shall thereafter be entitled only to payment out of the money or Federal Obligations deposited as aforesaid.

Except as otherwise provided in this Section, neither Federal Obligations nor moneys depositcd with the Registration Agent pursuant to this Section nor principal or interest payments on any such Federal Obligations shall be withdrawn or used for ally purpose other than, and shall be held in trust for, the payment of Ole principal and interest on said Bonds; provided tlint any cash received from such principal or interest payments on such Federal Obligations depositcd with the Registration Agent. (A) to the extent such cash will not be required at any time for such purpose, shall be paid over to tlie County as received hy the Registration Agent and (B) to the extent such cash will be required for such purpose at a later date, shall, to the extent practicable, be reinvested 111 Fedcral Obligations maturing at times and in amounts sufficient to pay when due the principal and iillercst to become due on said Bonds on or prior to such redemption dare or maturity date tlicreof, as the case may be, and inrerest earned from such reinvest~nents shall be paid over to the County, as received by the Registration Agent. For the pu~poses of this S e c t i o ~ ~ , Federal Obligations shall mean direct obligations of, or obligations, the principal of and interest on which are guaranteed by, the United States of .4merica, or any agency thereof, obligations of any agency or instru~nentality of the United States or any other obligations at the time of the purchase thereof are pzrnmiticd i~~vestnlents under Tciii~cssce Law for the purposcs described in this Section, which bonds or othcr obligations slull not be subject la redemption prior to their maturity other than at the option of the registered owtier thereof.

Section 12. Continuine Disclosure. The County hereby covenants and agrees that it will provide annual Financial information and material event notices if and as required by Rule 15~2-12 of the Securities Exchange Commission for the Bonds. The Coullty Executive is authorized to execute at the Closi~mg of the sale of the Bonds, an agreement for the benefit of and enforceable by the owners of the Bonds specifying the details o f the financial information and material event notices to be provided and its obligations relating hereto. Failure of the County to comply with

the undertaking herein described and to be detailed in said closing agreement, shall not be a default hereunder, but any such failure shall entitle the owner or owners of any of the Bonds to take such actions and to initiate such proceedings as shall be necessary and appropriate to cause the County to comply with its undertaking as set forth herein and in said agreement, including the remedies of mandamus and specific performances.

Section 13. Oualified Tax-Exem~t Obligations. To the extent the Bonds or any emission thereof, may be designated as "qualified tax-exempt obligations" within the meaning of and pursuant to Section 265 of the Code, the Governing Body hereby designates the Bonds or any such emission as 'qualified tax-exempt obligations".

14. Besolution a C m . The provisions of this resolution shall constitute a contract between the County and the registered owners of the Bonds, and after the issuance of the Bonds, no change, variation or alteration of any k i d in the provisions of this resolution shall be made in any manner until such time as the Bonds and interest due thereon shall have been paid in full.

. . &ah 15. Seoarabdlty. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution.

& a i ~ ~ 16. -of R . . esolutioos and Effective Date. All other resolutions and orders, or parts thereof, in conflict with the provisions of this resolution, are, to the extent of such conflict, hereby repealed and this resolution shall be in immediate effect from and after its adoption.

Adopted and approved this twenty-third day of November, 1998

County Executive

ATTEST: A

m u m y Clerk

SEAL

. The B w d of County Commissionen of Sullivan County, Tennessee, met in a regular

Session on November 23, 1998, at 9:00 am., E. S. T.. at the County Courthouse, Blountvillc,

Tamessee, with Gil Hodges, County Executive, presiding.

T h e following Cornrnissione~s were present:

Bryan Boyd June Caner Fred T. Childress Dennis L. Houscr Manill H F t James "Buddy" King Howard G. P d c k Archie N. Piercc

0. W. Ferguson Eddie Williams W e Gonce Carol Belcher Ralph %Ian Jim Blalock Samuel C. Jones EUion Kilgore James L. King Dwight Mason Wayne hlcConnell Mark Vance Paul Milhorn Michael Surgenor Randy Morrell

T h e following Commissioners were absent:

Gary Mayes

There were also present Jeanie Gammon, County Clerk and L x q Bailey, Director of

Accouns and Budge&.

Afler the meeting was duly &led to order, the following resolution was introduced by

Williams, second by Harr and afler due deliberation, was adopted by the following vote: --

AYE: 23

NAY: 0

A RESOLUTION AUTHORIZING THE ISSUANCE OF INTEREST BEARING GENERAL OBLIGATION CAPITAL OUTLAY NOTES, SERIES 1998 OF SULLIVAN COUNTY. TENNESSEE, IN AN AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED FIVE MILLION DOLLARS ($5,00O,MX]); MAKING PROVISION FOR THE ISSUANCE. SALE AND PAYMENT OF SAID NOTES. ESTABLISHING THE TERMS THEREOF AND THE DISPOSITlON OF PROCEEDS THEREFROM; AND PROVIDING FOR THE LEVY OF TAX FOR THE PAYMENT OF PRINCIPAL THEREOF AND INTEREST THEREON.

WHEREAS, under the provisions of Sections 9-21-101 w., Tennessee Code Annotated, subject to the approval of the State Director of Local Finance, counties in Tennessee are authorized to issue interest bearing capital outlay notes for a period of not to exceed twelve (12) years from date of issue for all county purposes for which general obligation bonds can be legally authorized and issued; and

WHEREAS, the Board of County Commissioners of Sullivan County, Tennessee (the "County") has determined that it is necessary and desirable to issue not to exceed $5,000,000 in aggregate principal amount of capital outlay notes for the purpose of providing funds for expansions, renoiations and improvements to the Sullivan County jail facility, the payment of legal, fiscal, administrative, architectural and engineering costs incident thereto, and costs incident to the issuance and sale of such notes; and

WHEREAS, it is the intention of the Board of County Commissioners of the County to adopt this resolution for the purpose of authorizing such notes, establishing the terms thereof, providing for the issuance, sale and payment of the notes and disposition of proceeds therefrom, and providing for the levy of a tax for the payment of principal thereof and interest thereon.

NOW. THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Sullivan County. Tennessee, as follows:

&aiw 1. .ku&uy. The notes authorized by this resolution are issued pursuant to Sections 9-21-101 g m.. Tennessee Code Annotated. and other applicable provisions of law.

2. Defmitions. The following terms shall have the following meanings in this resolution unless the text expressly or by necessary implication requires otherwise:

(a) "Code" shall mean the Internal Revenue Code of 1986, as amended and all lawful regulations thereunder;

(b) "County" shall mean Sullivan County. Tennessee;

(c) ''G~vcming LlwIy" sl~nll lnean the Board of County Commissioners of the County;

(d) "Notes" shall mean not to exceed $5,000,000 General Obligation Capital Outlay Notes, Series 1998, of the County, dated December 1, 1998, or having such other series designation? and dated dates as shall be detennined by the County Executive pursuant to Section 7 hereof, provided the maturity date of any emission of the Notes does not exceed twelve (12) years from the issuance date of such emission of the Notes;

(e) "Project" shall mean expansions, renovations and improvements to the Sullivan County jail facilily and the payment of legal, fiscal, administrative, architectural and engineering costs incident thereto; and

(g) "Registration Agent" shall mean First Tennessee Bank National Association, Memphis, Tennessee, as registration and paying agent for the Notes, or any successor designated by the Governing Body.

Seuian 3. A W ~ c k t b n aad Tmns af tk W s . For the purpose of providing funds for to pay the costs of the Project and costs incident to the issuance and sale of the Notes as more fully set forth io Section 8 hereof, there are h e ~ b y authorized to be issued interest bearing capital outlay notes of the County in a11 aggregate principal amount not to exceed $5,000,000. The Notes shall be issued i n fitlly registered for111 and shall be designated as "General Obligation Capital Outlay Notes, Series 1998," dated December 1, 1998, or such other name, date or series designations as shall be established pursuant to Section 7 Itereof, provided the maturity date of the Notes, or any emission thereof, does not exceed twelve (12) years from the issuance date of the each emission of Notes. The Notes shall bear interest at a rate or rates not to exceed six percent (6%) per annum, payable semi-annually on April 1 and October 1 until the Notes mature or are rzdeetned, conlrnencing October 1, 1999. The Notes shall be initially issued in $5,000 denominations, or integral rnultiplcs thereof, as sl~all bc requested by the original purchaser thereof. The Notes shall matun serially and be payable on April 1 of each year as follows subject to the adjustments pern~itted pursuant to Section 8 hereof:

Years - 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

Amounts

305,000 390,000 405,000 420,000 435,000 455,000 475,000 495,000 515,000 540,000 565.000

Notes maturing April 1, 2MX) through April 1, 2008, inclusive, shall mature without option of prior redemption. Notes maturing April 1, 2009 and April 1, 2010. shall be subject to redemption prior to maturity at the option of the County on April 1, 2008 and thereafter, as a whole or in part at any time at the redemption price of par plus interest accrued to the redemption dare, or such other redemption dates and redemption price as may be determined pursuant to Section 7 hereof.

Pursuant to Section 7 hereof, the County Executive is authorized to sell the Notes, or any maturities thereof, as term Notes with mandatory redemption requirements. In the event any or all the Notes are sold as term Notes, the County shall redeem such term Notes on the redemption dates corresponding to the maturity dates set forth herein in aggregate principal amounts equal to the maturity amounts set forth herein for each redemption date, as such maturity amounts may be adjusted pursuant to Section 7 hereof. Notes so redeemed shall be redeemed at a price of par plus accrued interest thereon to the date of redemption. The term Notes to he so redeemed shall be selecred by lot or in such other random manner as the Registration Agent in its discretion may determine.

If less than all the Notes shall be called for redemption, the Governing Body, in its discretion, shall designate the maturity or maturities which will be redeemed, and, if less than all the Notes of a single maturity shall be called for redemption, the Notes within the maturity to he redeemed shall be selected by the Registration Agent by lot or such other random manner as the Registration Agent in its discretion may determine.

At its option, to be exercised on or before the forty-fifth (45th) day next preceding any such redemption date, the County may (i) deliver to the Registration Agent for cancellation Notes to be redeemed, in any aggregate principal amount desired, andlor (ii) receive a credit in respect of its redemption obligation under this mandatory redemption provision for any Notes of the maturity to be redeemed which prior to said date have been purchased or redeemed (otherwise than through the operation of this mandatory sinking fund redemption provision) and canceled by the Registration Agent and not theretofore applied as a credit against any redemption obligation under this mandatory sinking fund provision. Each Note so delivered or previously purchased or redeemed shall be credited by the Registration Agent at 100% of the principal amount thereof on [he obligation of [he County on such payment date and any excess shall be credited on future redemption obligations in chronological order, and the principal amount of Notes to be redeemed by operation of this mandatory sinking fund provision shall be accordingly reduced. The County shall on or before the forty-fifth (45th) day next preceding each payment date furnish the Registration Agent with its certificate indicating whether or not and to what extent the provisions of clauses (i) and (ii) of this subsection are to be availed of with respect to such payment and confirm that funds for the balance of the next succeeding prescribed payment will be paid on or before the next succeeding payment date.

Notice of call for redemption shall be given by the Registration Agent on behalf of the County not less than thirty (30) nor more than sixty (60) days prior to the date fixed for

rcdrmption by sending an appropriate notice to the registered owners of the Notes to be redeemed by first-class mail, postage prepaid, at the addresses shown on the Note registration records of the Registration Agent as of the date of the notice; but neither failure to mail such notice nor any deiect in auy sucl~ notice so mailed sllall affect the sufticiency of the proceedings for redemption of any of the Notes for which proper notice was given. The Registration Agent shall mail said notices, in the case of term Notes with mandatory redemption requirements as and when provided herein and in the Nores and, in the case of optional redemption, as and when directed by the County pursuant to written instructions from an authorized representative of the County given at least forty-firac (45) days prior to the redemption date (unless a shorter notice period shall be satisfactory to the Registration Agent). From and after the redemption date, all Notes called for rede~nption shall cease to hear interest if Funds are available at the office of the Registration Agent for the payment thercof and if notice has been duly provided as set forth herein.

The County hereby authorizes and directs tile Registration Agent to maintain Note registration records with respect to ihe Notes, to authe~iticate and deliver die Notes as provided herein, either at original issuance, upon transfer, or as otheruaise directed by the County, to effect transfers of the Notes, to give all notices of redemption as required herein, to make all payments of principal and interest with respecr to the Notes as provided herein, ro cancel and destroy Notes which have bceti paid at maturity or upon earlier redemption or submitted for exchange or tl-ancfer, to furnish the County at least annually a cerrificatc of destruction with respect to Notes canceled and destroyed. and to Surr~ish rlie Counr) at lcast annually an audit conrumation o f Notes paid, Notes outstanding and payments made with respect to interest on the Notes. The County Executive is hereby authorized to execute and the County Clerk is hereby authorized to attest such written agreement between the Cour~ty and the Registration Agent as they shall deem necessary or proper with respect to the obligations, duties and rights ofthe Registration Agent. The payment of all reasonable fees and expenses of the Registration Agent for the discharge of its duties and ol~ligatiorts l~erruiider or t~tider any such agreement is hereby authorized arid directed.

The Notes shall be payable, both principal and interest, in lawful money of the United States of Amrrica at the office of the Registration Agent. The Registration Agent shall make all interest payments with respect to the Notes on each interest payment date directly to the registered owners as shown on the Note registration records maintained by the Registration Agent as of the close of business on a date which is the fifteenth day of the month next preceding the interest payment (the "Reg~tlar Record Date") by check or draFt mailed to such owners at such owners' addresses shown on said Note registration records, without, except for final payment, the presentation or surrender of such registered Notes, and all such payments shall discharge the obligations of the County in respect of such Notes to the extent of the payments so made. Payment o f principal of the Notes shall be made upon presentation and surrender of such Notes to the Registration Agent as the same shall become due and payable.

Any interest on any Note which is payable but is not punctually paid or duly provided for on any irtterrst payment date (hereioalter "Defaulted interest") shall forthwith cease to be payable to the registered owner on the relevant Regular Record Date; and, in lieu thereof, such Defaulted

Interest shall be paid by the County to the persons in whose names the Notes are registered at the close of business on a date (the "Special Record Date") for the payment of such Defaulted Interest, which shall be fixed in the following manner: the County shall notify the Registration Agent in writing of the amount of Defaulted Interest proposed to be paid on each Note and the date of the proposed payment, and at the same time the County shall deposit with the Registration Agent an amount of money equal to the aggregate amount proposed to be paid in respect of such Defaulted Interest or shall make arrangements satisfactory to the Registration Agent for such deposit prior to the date of the proposed payment, such money when deposited to be held in uust for the benefit of the persons entitled to such Defaulted Interest as in this Section provided. Thereupon, not less than ten (10) days after the receipt by the Registration Agent of the notice of the proposed payment, the Registration Agent shall fix a Special Record Date for the payment of such Defaulted lnterest which Date shall be not more than fifteen (15) nor less than ten (10) days prior to the date of the proposed payment to the registered owners. The Registration Agent shall promptly notify the County of such Special Record Date and, in the name and at the expense of the County, not less than ten (10) days prior to such Special Record Date, shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor to be mailed, first class postage prepaid, to each registered owner at the address thereof as it appears in the Note registration records maintained by the Registration Agent as of the date of such notice. Nothing contained in this Section or in the Notes shall impair any statutory or other rights in law or in equity of any registered owner arising as a result of the failure of the County to punctually pay or duly provide for the payment of principal of and interest on the Notes when due.

The Notes are transferable only by presentation to the Registration Agent by the registered owner, or his legal representative duly authorized in writing, of the registered Note(s) to be transferred with the form of assignment on the reverse side thereof completed in full and signed with the name of the registered owner as it appears upon the face of the Note(s) accompanied by appropriate documentation necessary to prove the legal capacity of any legal representative of the registered owner. Upon receipt of the Note($ in such form and with such documentation, if any, the Registration Agent shall issue a new Note or Notes to the assignee(s) in $5,000 denominations, or integral multiples thereof, as requested by the registered owner requesting transfer. The Registration Agent shall not be required to transfer or exchange any Note during the period commencing on a Regular or Special Record Date and ending on the correspondimg interest payment date of such Note, nor to transfer or exchange any Note after the notice calling such Note for redemption has been made, w r to transfer or exchange any Note during the period following the receipt of instructions from the County to call such Note for redemption; provided, the Registration Agent, at its option, may make transfers after any of said dates. No charge shall be made to any registered owner for the privilege of transferring any Note, provided that any transfer tax relating to such transaction shall be paid by the registered owner requesting transfer. The person in whose name any Note shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes and neither the County nor the Registration Agent shall be affected by any notice to the contrary whether or not any payments due on the Notes shall be overdue. Notes, upon surrender to the Registration Agent, may, at the option of the registered owner, be

exchanged for an equal aggregate principal amount of Notes of the same maturity in any authorized denolnination or denominations.

The Notes shall be signed by the County Executive and attested by the County Clerk by their respective facsimile signatures, and shall have unprinted thereon a facsimile of the corporate seal of the County.

The Registration Agent is hereby authorized to authenticate and deliver the Notes to the original purctlaser thereof or as the original purcl~aser may desigoate upon receipt by the County of the proceeds of the sale thereof and to authenticate and deliver Notes in exchange for Notes of the same principal amount delivered for transfer upon receipt of the Note@) to be transferred in proper form wit11 proper documentation as hereinabove described. The Notes shall not be valid for any purpose unless authenticated by the Registration Agent by the manual sigt~ature of an officer tl~ereof on the certificate set forth herein on the Note form.

In case any Note shall beconie mutilated, or be lost, stolen, or destroyed, the County, in its discretion, shall issue, and the Registration Agent, upon written direction from the County, shall authenticate and deliver, a new Note of like tenor, amount, maturity and date, in exchange and substitution for, and upon the cancellation of, the mutilated Note, or in lieu of and substitution for such lost, stolen or destroyed Note, or if any such Note shall have matured or shall be abour to mature, instead of issuing a substituted Note the County may pay or authorize paynlellt of such Note without surre~iiler thereof. In every case the applicant shall furnish evidence satisfactory to the County and the Registration Agent of the destruction, theft or loss of such Note, slid indemnity satisfactory to the County and the Registration Agent; and the County may charge the applicant for the issue of such new Note an atnount sufficient to reimburse the County far the expense incurred by it in tho issue thcrrof.

Sectj,, 4. Source of l'aytnent. The Notes shall be payable from unlimited ad valorem taxes to be levied on all taxable property within the County. For the prornpt payment of priicipal of and interest on the Notes, the full faith and credit of the County are hereby irrevocably pledged.

W 5 . Form of Notes. The Notes shall be in substantially the following form, the omissions to be appropriately completed when the Notes are prepared and delivered:

(Form of Note)

REGISTERED Number

$

REGISTERED

UNITED STATES OF AMERICA STATE OF TENNESSEE COUNTY OF SULLIVAN

GENERAL OBLIGATION CAPITAL OUTLAY NOTE, SERIES 1998

Interest Rate: Maturity Date: Dated Date: CUSIP NO:

Registered Owner: Principal Amount:

KNOW ALL MEN BY THESE PRESENTS: That Sullivan County, Tennessee (the "County"), for value received hereby promises to pay to the registered owner hereof, hereinabove named, or registered assigns, in the manner hereinafter provided, the principal amount hereinabove set forth on the maturity date hereinabove set forth or lipon earlier redemption as set forth herein, and to pay interest (computed on the basis of a 360 day year of twelve 30 day months) on said principal amount at the rate of interest hereinabove set forth from the date hereof until this Note matures or is redeemed, said interest being payable on October 1, 1999, and semi- annually thereafter on first day of April and October until this Note matures or is redeemed. Both principal hereof and interest hereon are payable in lawful money of the United States of America by check or draft at the principal corporate trust office of First Tennessee Bank National Association. Memphis. Tennessee, as registration and paying agent (the "Registration Agent"). The Registration Agent shall make all interest payments with respect to this Note on each interest payment date directly to the registered owner hereof shown on the Note registration records maintained by the Registration Agent as of the close of business on a date which is fifteenth day of the month next preceding the interest payment date (the "Regular Record Date") by check or draft mailed to such owner at such owner's address shown on said Note registration records. without, except for final payment, the presentation or surrender of this Note, and all such payments shall discharge the obligations of the County to the extent of the payments so made. Any such interest not so punctually paid or duly provided for on any interest payment date shall forthwith cease to be payable to the registered owner on the relevant Regular Record Date; and, in lieu thereof, such defaulted interest shall be payable to the person in whose name this Note is registered at the close of business on the date (the "Special Record Date") for payment of such defaulted interest to be fixed by the Registration Agent, notice of which shall be given to the owners of the Notes of the issue of which this Note is one not less than ten (10) days prior to such

Special Record Date. Payment of principal hereof shall be made upon presentation and surrender of this Note to the Registration Agent when due.

Reference is hereby made to the further provisions of this Note set forth on the reverse side hereof and such further provisions shall for all purposes have the same effect as if set forth on the front side hereof.

It is hereby certified, recited, and declared that all acts, conditions and things required to exist. happen and be performed precedent to and in the issuance of this Note exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Note does not exceed any limitation prescribed by the constitution and statutes of the State of Tennessee.

IN WITNESS WHEREOF, Sullivan County. T e ~ e S s e e , has caused this Note to be signed by its County Executive will1 his facsimile signature and attested by its County Clerk with her facsimile signature under a facsunile of rhe corporate seal of the County, all as of the day and date hereinabove set forth.

SULLIVAN COUNTY

BY: County Executive

(FACSIMILE SEAL)

ATTESTED:

County Clerk

Transferable and payable at the principal corporate trust office of First Tennessee Bank National Association

Memphis, Tennessee

Date of Registration:

This Note is one of the issue of notes issued pursuant to the Resolution hereinabove described.



(Form of Reverse Side of Note)

Notes maruring April 1, 20M) through April 1,2008, shall mature without option of prior redemption. Notes maturing on April 1, 2009 and April 1, 2010, shall be subject to redemption prior to maturic at the option of the County on April 1,2008 and thereafter, as a whole or in pan, at any time, at the redemption price of par plus accrued interest to the redemption date. If less than all the Notes shall be called for redemption, the maturities to be redeemed shall be designated by the Board of County Commissioners of the County, in its discretion, and, if less than all of the Notes of a maturity shall be called for redemption, the Notes within the maturity to be redeemed shall be selected by the Registiation Agent by lot or in such other random manner as the Registration Agent shall determine.

Notice of call for redemption shall be given by the Registration Agent on behalf of the County not less than thirty (30) nor more than sixty (60) days prior to the date fixed for redemption by sending an appropriate notice to the registered owners of the Notes to be redeemed by first-class mail, postage prepaid, at the addresses shown on the Note registration records of the Registration Aeent as of the date of. the notice; but neither failure to mail such notice nor any defect in any such notice so mailed shall affect the sufficiency of the proceedings for the redemption of the Notes for which proper notice was given. From and after any redemption date, all Notes called for redemption shall cease to bear interest if funds are available at the office of the Registration Agent for the payment thereof and if notice has been duly provided as set forth herein.

This Note is transferable by the registered owner hereof in person or by such owner's attorney duly authorized in writing at the principal corporate uust oftice of the Registration Agent set forth on the front side hereof, but only in the manner, subject to limitations and upon payment of the charges provided in the Resolution, as hereafter defined, and upon surrender and cancellation of this Note. Upon such transfer a new Note or Notes of authorized denomination or denominations of the same maturity and interest rate for the same aggregate principal amount will be issued to the transferee in exchange therefor. The person in whose name this Note is registered shall be deemed and regarded as the absolute owner thereof for all purposes and neither

the County nor tlie Registration Agent shall be affected by any notice lo the contrary wliether or not any payments due on the Note shall he overdue. Notes, upon surrender to the Registration .Agent, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of the Notes of the same maturity in authorized denomination or denominations, upon the terms set forth in the Resolution. The Registration Agetit shall not be required to transfer or exchange any Note during tlie period commencing o n a Regular Record Date or Special Record Date and ending on the corresponding interest payment date of such Note, nor to transfer or exchange ally Note after the notice calling such Note for redemption has been made, nor to transfer or exchange any Note during the period following the receipt of instructions from the County to call such Note; provided, the Registration Agent, at its option, may make uansfers after any of said dates.

This Note is one of a total authorized issue aggregating $ and issued by the County for the purpose of providing kinds for expansions, renovations and improvements to the Sullivan County jail facility, the payment of legal, fiscal, administrative, arcliitecrural and engineering costs incident thereto, and costs incident to the issuance and sale of the Notes, under and in full compliance with the catrsiitution and statutes of the State of Tennessee, including Sections 9-21-101 u p . Tennessee Code Annotated, and pursuant to a resolution (the "Resolution") duly adopted by the Board of County Commissioners of the County on November 23, 1998.

This Note is payable from unlimited ad valorem taxes to be levied on all taxable property within the County For tlie prompt payment of principal of and interest on this Nore, the full faith and credit of the County are irrevocably pledged. For a more complete statement of the general covenanis and provisions pursuant to which this Note is issued, reference is hereby made to said resolution.

This Note and the income therefrom are exempt from all present state, county and municipal taxes in Tennessee except (a) inheritance, transfer and estate taxes. (b) Tennessee excise taxes on interest on the Note during the period the Note is held or beneficially owned by a corporation. bank, savings and loan association or any other business entity described in Section 67-4-806. Tennessee Code Annotated, and (c) Tennessee franchise taxes by reason of the inclusion of the book value of the Note in the Tennessee franchise tax base of any corporation, bank. savings and loan association or other business entity described in Section 67-4-903, Tennessee Code Annotared.


FOR VALUE RECEIVED, the undersigned sells, assigns, and transfers unto , whose address is

(Please insert Social Security or Federal Tax Identification Number - -- 1, the within Note of Sullivan County, Tennessee and does hereby irrevocably constitute and appoint

, attorney, to transfer the said Note on the records kept for registration thereof with full power of substitution in the premises.

Dated:

.................................... NOTICE: The signatwe to this assignment must correspond with the name of the registered owner as it appears on the face of the within Note in every particular, without alteration or enlargement or any change whatsoever.


NQlZE: Signature(s) must be guaranteed by a member of a Medallion Program acceptable to the Registration Agent.

kakm 6. LszrJr nf Tax. The County, through its Governing Body, shall annually levy and collect a tax upon all taxable property within the County, in addition to all other taxes authorized by law, sufficient to pay principal of and interest on the Notes when due, and for that purpose there is hereby levied a direct tax in such amount as Ioay be found necessary each year to pay principal and interest coming due on the Notes. Principal and interest falling due at any time when there are insufficient funds from this tax levy on hand shall be paid from the current funds of the County and reimbursement therefor shall be made out of the taxes hereby provided to be levied when the same shall have been collected. The tax herein provided may be reduced to the extent of any appropriations from other funds, taxes and revenues of the County to the payment of debt service on the Notes.

(a) The Notes shall be offered for public sale at a price of not less than ninety-nine percent (99.0%) of par, plus acc~ued interest, as a whole or in part from time to time, and may be offered in one or more emissions from time to time as shall be determined by the County Executive, in consultation with 1. C. Bradford & Co., Nashville, Tennessee, the County's financial advisor.

(b) If the Notes are sold in inore than one e~nission, the County Executive is authorized to designate tlle series of each emission, to cause to be sold in each emission an aggregate p ~ c i p a l amount of Notes less tl~an that sllown in Section 3 hereof for each emission, and to make corresponding adjustments to the maturity schedule of each emission designated in Section 3 hereof, so long a the total aggregate principal amoullt of a l l emissions issued does not exceed the total aggregate of Notes autl~orized to be issued herein.

(c) The County Executive is further authorized to change the dated date of the Notes or any emission thereof, to a date other than December 1, 1998, to determine the series designation of each emission of Notes, to change the first interest payment date on the Notes or any emission thereof to a date other thaa October 1, 1999, to adjust the principal and interest payment dates and maturity aunounts of the Notes or any emission thereof, provided the total principal amount of all emissions of thc Notes does not exceed the total amount of Notes authorized herein, to adjust the County's optional redemption dates of the Notes and to adjust the rcdemptioo price of the Notes to a premium not to exceed one percent (1 %) of the par a~nount of the Notes called for redemption, hut orlly if the Notes are originally sold at par, to sell the Notes or m y maturities thereof as term notes with mandatory redemption requirements corresponding to the maturities set forth herein or as otherwise deten~lined by the County Executive, as he shall deem most advantageous to the County, and to cause all or a portion of the Notes to be insured by a bond insolance policy issued by a nationally recognized bond insulance company to achieve tile purposes sct forth herein and to serve the best interest of the County.

(d) The County Executive is authorized to sell the Notes simultaneously with the County's School Bonds, Series 1998 or any other series of school bonds authorized on the date hereof by resolution of the Governing Body.

(e) The County Executive is authorized to award the Notes to the bidder whose bid results in the lowest interest cost to the C o ~ ~ n t y , provided the rate on none of the Notes exceeds six percent (6%) per annum. The award of the Notes by the County Executive to the lowest bidder shall be binding on the County, and no further action of the Governing Body with respect thereto shall be required. The form of the Note set forth in Section 5 hereof, shall be conformed to reflect any changes made pursuant to this Section 7 hereof.

(0 rile County Executive and County Clerk, or either of them, are authorized to cause the Notes to be authenticated and delivered by the Registration Agent to the successful bidder and to execute, publish, and deliver all certificates and documents including an official statement and closing certificates, as they shall deem necessary in connection with the sale and delivery of the Notes. The County executive and Cou~~ ty Clerk are hereby authorized to enter into a contract with J.C. Bradford & So., Nashville, Tennessee, for financial advisory services in connection with the sale of the Notes.

(g) The Notes shall not be Issued until after the approval of the State Director of Local Finance shall have been obtained as required by Sections 9-21-101 et seq., Tennessee Code Annotated.

8. pf m. From the proceeds of the sale of the Notes, all accrued interest, if any, shall be deposited to the appropriate fund of the County to be used to pay interest on the Notes on the first interest payment date following delivery of the Notes.

The remainder of the proceeds of the sale of the Notes shall be deposited with a fmancial institution regulated by the Federal Deposit Insurance Corporation or similar federal agency in a special fund known as the Jail Improvement Construction Fund (the "Construction Fund") to be kept separate and apart from all other funds of the County. The County shall disburse funds in the Construction Fund to pay cosrs of issuance of the Notes, including necessary legal, accounting and fiscal expenses, printing, engraving, advertising and similar expenses, administrative and clerical costs, Registration Agent fees, bond insurance premiums, if any, and other necessary ~niscellaneous expenses incurred in connection with the issuance and sale of the Notes. Money in the Construction Fund shall be secured in the manner prescribed by applicable statutes relative to the securing of public or trust funds, if any, or, in the absence of such a statute, by a pledge of readily marketable securities having at all times a market value of not less than the amount in said Construction Fund. Money in the Construction Fund shall be expended only for the purposes authorized by this resolution. Any funds remaining in the Construction Fund after completion of the Project and payment of authorized expenses shall be paid to the County Trustee and shall be used to pay principal of and interest on the Notes. Moneys in the Construction Fund shall be invested at the direction of the County Trustee in such investments as shall be permitted by applicable law. Earnings from such investments shall be placed in the Construction Fund or transferred to the County Trustee to be deposited in the County's debt service fund as directed by the County Executive.

Scuh 9. QE&id Statement. The County Executive and County Clerk, or either of them, working with J. C. Bradford & Co., Nashville. Tennessee, the County's financial advisor, are hereby authorized and directed to provide for the preparation and distribution of a Preliminary Official Statement describing the Notes. After the Notes have been sold, the County Executive and County Clerk, or either of them, shall make such completions, omissions, insertions, and changes in the Preliminary Official Statement not inconsistent with this resolution as are necessary or desirable to complete it as a fmal Ofticial Statement for purposes of Rule 15~2-12(b)(3) of the Securities and Exchange Commission. The County Executive and County Clerk, or either of them, shall arrange for the delivery of a reasonable number of copies of the Official Statement within seven business days after the Notes have been sold for delivery to each potential investor requesting a copy of the Official Statement and to each person to whom such bidder and members of his bidding group initially sell the Notes.

The County Executive and County Clerk, or either of them, are authorized, on behalf of the County, to deem the Preliminary Official Statement and the Official Statement in final form.

each to be linal as of its date within tile meaning of Rulc 15~2-lZ(b)( l ) , except fur the omission in the Prelitninary Official SCItement of certain pricing and other information allowed to be omitted pursuant to such Rule 15~2-12(b)(l). The distribution of the Preliminary Ofticial Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed in final form as of its date by the County except for the omission in the Preliminary Official Statement of such pricing and other information.

&&n 10. A r b i t r a ~ . The County recognizes that the purchasers and owners of the Notes will have accepted them on, and paid therefor a price that reflects, the understanding that interest thereon is excludable from gross income for purposes of federal income taxation under laws in force on the date of delivery of the Notes. In this connection, the County agrees that it shall take no action which may cause the interest on any of said Notes to be included in gross income for purposes of federal income taxation. It is the reasonable expectation of the Governing Body of the County that the proceeds of the Notes will not be used in a manner which will cause the Notes to be "arbitrage bonds" within the meming of Section 148 of the Code, and to this end the said proceeds of the Notes and other related funds established for the purposes herein set out shall be used and spent expeditiously for the purposes described herein. The Governing Body h~rther covenants and represents that in the event it shall be required by Section 148(f) of the Code to pay any "rebate m o u n t " with respect to the Notes to the United States government, it will make such payments as and when required 11y said Section 148(f) and will take such other actions as shall be necessary or perrnittcd to prevent the interest on thc Notes from being included in gross income for federal income tax purposes. The County Executive and County Clerk, or either of them, are authorized and directed to make such certifications in this regard in connection with the sale of the Notes as eilher or both shall deem appropriate, and such certifications shall constitute a trpresentstion and certification of the County.

Section 11. Discharee and Satisfaction of-. If the County shall pay and discharge -- the indebtedness evidenced by any of the Notes in any one or more of the following ways, to wit:

(a) By paying o r causing to be paid, by deposit of sufficient funds as and when required with the Registration Agent, the principal of and interest on such Notes as and when the same become due and payable;

(b) By depositing or causing to be deposited with any trust company or financial institution uhosc deposits are insured by the Federal Deposit Insurance Corporation or similar federal agency and which has trust powers ("an Agent"; which Agent may be the Registration Agent) in trust or escrow, on or before the date of maturity or redemption, sufficient money or Federal Obligations, as hereafter defined, the principal of and interest on which, when due a ~ ~ d payable, will provide sufficient moneys to pay or redeem such Kotes and to pay principal and interest thereon when due uncil the marurity or redemption date (provided, if such Notes are to be redeemed prior to maturity thereof, proper notice of such redemption shall have been given or adequate provision shall have been made for the giving of such notice);

14

(c) By delivering such Notes to the Registration Agent, for cancellation by it;

and if the County shall also pay or cause to be paid all other sums payable hereunder by the County with respect to such Notes, or make adequate provision therefor, and by resolution of the Governing Body instruct any such Escrow Agent to pay amounts when and as required to the Registration Agent for the payment of principal of and interest on such Notes when due, then and in that case the indebtedness evidenced by such Notes shall be discharged and satisfied and all covenants, agreements and obligations of the County to the holders of such Notes shall be fully discharged and satisfied and shall thereupon cease, terminate and become void.

If the County shall pay and discharge the indebtedness evidenced by any of the Notes in the manner provided in either clause (a) or clause (b) above, then the registered owners thereof shall thereafter be entitled only to payment out of the money or Federal Obligations deposited as aforesaid.

Except as otherwise provided in this Section, neither Federal Obligations nor moneys deposited with the Registration Agent pursuant to this Section nor principal or interest payments on any such Federal Obligations shall be withdrawn or used for any purpose other than, and shall be held in trust for, the payment of the principal and interest on said Notes; provided that any cash received from such principal or interest paymenu on such Federal Obligations deposited with the Registration Agent, (A) to the extent such cash will not be required at any time for such purpose, shall be paid over to the County as received by the Registration Agent and (B) to the extent such cash will be required for such purpose at a later date, shall, to the extent practicable, be reinvested in Federal Obligations maturing at times and in amounts sufficient to pay when due the principal and interest to become due on said Notes on or prior to such maturity date thereof, as the case may be, and interest earned from such reinvestments shall be paid over to the County, as received by the Registration Agent. For the purposes of this Section, Federal Obligations shall mean direct obligations of, or obligations, the principal of and interest on which are guaranteed by, the United States of America, or any agency thereof, obligations of any agency or instrumentality of the United States or any other obligations at the time of the purchase thereof are permined investments under Tennessee Law for the purposes described in this Section, which bonds or other obligations shall not be subject to redemption prior to their maturity other than at the option of the registered owner thereof.

&&m 12. . The County hereby covenants and agrees that it will provide annual financial information and material event notices for the Notes, as required by Rule 15~2-12 of the Securities Exchange Commission. The County Executive is authorized to execute at the closing of the sale of the Notes, an agreement for the benefit of and enforceable by the owners of the Notes specifying the details of the financial information and material event notices to be provided and its obligations relating thereto. Failure of the County to comply with the undertaking herein described and to be detailed in said closing agreement, shall not be a default hereunder, but any such failure shall entitle the owner or owners of any of the Notes to take such actions and to initiate such proceedings as shall be necessary and appropriate to cause the County

to comply with their undertaking as set forth herein and in said agreement, including the remedies of niandamus and specific performance.

13. Tax-Exemot Ouieations. To the extent the Notes may be designated as "qualified tax-cxelnpt obligations" within the meaning of and pursuant to Section 265 of the Code, tlie Governing Body hereby designates the Notes as "qualified tax-exempt obligations".

14. Reasonabl~ Fxoccted Economic m. The "reasonably expected economic life" of the improvements and equipment comprising the Project within the meaning of Section 9- 21-101 a, Tennessee Code Annotated, is greater than twelve (12) years.

a 15. Resolution a Contract. The provisions of this resolution shall constitute a contract between the County and the registered owners of the Notes, and after the issuance of the Notes, no change, variation or alteration of any kind in the provisions of this resolution shall be made in any maturer until such time as [he Notes and interest due thereon shall have been paid in full.

16. &-. If any section, paragraph or provision of this resolution shall he held [o be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution.

Secrion 17. K e ~ e a l of Conflicting Resolutions and Effective Date. All other resolutions and orders, or parts thereof, in conflicr with tlie provisions of this resolution, are, to the extent of such conflict, hereby repealed and this resolution shall be in immediate efiect from and after its adoption.

Adopted and approved this 23rd day of Novenrber, 1398

County Executive

ATTEST:

County Clerk


COUNTY OF SULLIVAN)

I, Jeanie Gammon, hereby certify that 1 am the duly qualified and acting County Clerk of

Sullivan County, Tennessee, and as such official I further certify that attached hereto is a copy of

excerpts from the minutes of a regular meeting of the governing body of the County held on

November 23, 1998; that these minutes were promptly and fully recorded and are open to public

inspection; that I have compared said copy with the original minute record of said meeting in my

official custody; and that said copy is a true, correct and complete transcript from said original

minute record insofar as said original record relates to not to exceed $5,OW,000 General

Obligation Capital Outlay Notes, Series 1998 of said County.

WITNESS my official signature and seal of said County this - day of November,

1998.

County Clerk (SEAL)

The Board of County Co~nmissioners of Sullivan County, Tennessee, met in a r e g u l ~ session

on November 23, 1998, a[ 9:M) a.m., E.S.T. , a[ the County Courthouse, Blountville, Tennessee,

with Gil Hodges, County Executive, presiding.

The following Commissioners were present:

The follow in^ Conunissioners were absent:

There were also present Jeanie Gammon, County Clerk and Larry Bailey, Director of Accounts

and Budgets.

Afier the meeting was duly called to order, the following resolution was inrroduced by

, seconded by and after due deliberation, was

adopted by the following t'ote:

AYE:

NAY:

A RESOLUTION AUTHORIZING THE ISSUANCE OF SCHOOL BONDS, IN THE AGGREGATE PRINCIPAL AMOUNT O F NOT TO EXCEED SEVENTEEN MILLION DOLLARS ($17,000,000) OF SULLIVAN COUNTY. TENNESSEE: MAKING PROVISION FOR THE ISSUANCE. SALE AND PAYMENT OF SAID BONDS; ESTABLISHING THE TERMS THEREOF AND THE DISPOSITlON O F PROCEEDS THEREFROM; PROVIDING FOR THE LEVY OF TAX FOR THE PAYMENT OF PRINCIPAL O F AND INTEREST ON THE BONDS.

WHEREAS, under the provisions of Sections 49-3-1001 to 49-3-1008, inclusive, Tennessee Code Annotated, counties in Tennessee are authorized through their respective governing bodies to issue and sell bonds of said counties for school purposes; and

WHEREAS, the Board of County Commissioners of Sullivan County. Tennessee, has heretofore determined that it is necessary and advisable to issue not to exceed $17,000,000 in aggregate principal amount of school bonds for the purpose of providing funds for the purchase of sites for County school buildings and facilities; the constructing, furnishing and equipping of school buildings and facilities located in the County; the payment of engineering, legal, fiscal and administrative costs incident to the foregoing: and the payment of costs incident to the issuance and sale of the Bonds: and

WHEREAS, it is the intention of the Board of County Commissioners to adopt this resolution for the purpose of authorizing not to exceed $17,000,000 in aggregate principal amount of said bonds, providing for the issuance, sale and payment of said bonds, establishing the terms thereof, and the disposition of proceeds therefrom, and providing for the levy of a tax for the payment of principal thereof and interest thereon.

NOW, THEREFORE. BE IT RESOLVED by the Board of County Commissioners of Sullivan County, Tennessee, as follows:

&&!!I 1. t luhuty . The bonds authorized by this resolution are issued pursuant to Sections 49-3-1001 to 49-3-1008, inclusive, Tennessee Code Annotated, and other applicable provisions of law.

&&!!I 2. Definirions. The following terms shall have the following meanings in chis resolution unless the text expressly or by necessary implication requires otherwise:

(a) "Bonds" shall mean not to exceed $17.000.000 School Bonds, Series 1998 of the County, to be dated December 1. 1998, or such other name, date and series designation as shall be designated by the County Executive pursuant to Section 7 hereof, authorized to be issued by this resolution:

(b) "Code" shall mean t la lntcrnal Revenuc Code of 1986, as amended, and all lawful rrgulations proinulgatcd or proposed tliercun~ler;

(c) "County" shall mean Sullivan County. Tennessee;

(d) "Governing Body" shall mean the Board of Couilty Commissioners of the County;

(e) "Project" shall mean purchase of sites for school buildings and facilities; constructing, furnishing and equipping of school buildings atid facilities located in the County; and the payment of engineering, legal, fiscal and administrative costs incident to the foregoing;

( 0 "Registration Agent" shall meall First Tennessee Bank National Association, Memphis, Tennessee. the registration and paying agent for the Bonds or any successor designated by the Governing Body.

Section 3. &&horirarion and Terms of the Bonds. For the purpose of providing funds -- lo pay the costs of the Project, ro provide funds required to be shared with the Cities pursuant to Section 49-3-1003 (b)(l), Tennessee Code Armotated, and to pay costs incident to the issuance and sale of the Bonds, as more fitlly set forth in Section 8 hereof, there are hereby authorized to be issued school bonds of the County in the aggregate principal amount not to exceed $17,000,000. The Bonds shall be issued in fully registered form shall bc known as "School Bonds" and each Bond shall be dated Deceniher 1. 1998, or such other designation and dated date as shall be esrablished pursuant to Section 7 hereof. The Bonds shall bear interest at a rate or rates not to exceed six percent (6 .00%) per annum, payable semi-airnually on the first day of April and Octobcr in each year commericing October 1, 1999. The Bonds shall be issued initially in $ 5 , W denominations or intcgral multiples thereof, as shall be requested by the original purchaser thereof. l'lii. lionds shall rliature serially ;tiid he payable on April l o f each year as follows (subject to the adjustments permitted pursuant to Section 8 herrot):

Amounts 635.000.00

Bonds maturing April 1. 2000 through April 1, 2008, inclusive, shall mature without option of prior redemption. Bonds maturing April 1, 2009 and thereafter, shall be subject to redemption prior to maturity at the option of the County on April 1, 2M)8 and thereafter. as a whole or in part at any time at the redemption price of par plus interest accrued to the redemption date, or such other redemption dates and redemption prices as may be determined pursuant to Section 7 hereof.

Pursuant to Section 7 hereof, the County Executive is authorized to sell the Bonds, or any maturities thereof, as term Bonds with mandatory redemption requirements. In the event any or all the Bonds are sold as term Bonds, the County shall redeem such term Bonds on the redemption dates corresponding to the maturity dates set fonh herein in aggregate principal amounts equal to [he maturity amounrs set forth herein for each redemption date, as such maturity amounts may be adjusted pursuant to Section 7 hereof. Bonds so redeemed shall be redeemed at a price of par plus accrued interest thereon to the date of redemption. The term Bonds to be so redeemed shall be selected by lot or in such other random manner as the Registration Agent in its discretion may determine.

If less than all the Bonds shall be called for redemption, the Governing Body, in its discretion, shall designate the maturity or maturities which will be redeemed, and, if less than all the Bonds of a single maturity shall be called for redemption, the Bonds within the maturity to be redeemed shall be selected by the Registration Agent by lot or such other random manner as the Registration Agent in its discretion may determine.

At its optiot~, to be exercised on o r before the forty-fifth (45th) day next preceding any sucll redemption date, the County may (i) deliver to the Registration Agent for ca~icellation Bonds to be redeemed, in any aggregate principal amount desired, and/or (ii) receive a credit in respect of it's redemptio~i obligation under this mandatory redemption provision for any Bonds of the rnaturity to be redeemed which prior to said date have been purcl~ased or redeemed (otherwise than through the operation of this mandatory sinking fund redemption provision) and canceled by the Registration Agent and not theretofore applied as a credit against any redemption obligation under this mandatory sinking fund provision. Each Bond so delivered o r previously purchased or redeemed shall be credited by the Registration Agent at 100% of the principal amount rhereof on the obligation of the Coul~ty on such payment date and any excess shall be credited on future tedemption obligations in chronological order, and the principal amount of Bunds to be redeemed by operation of this mandatory sinking h~t td provision shall be accorditlgly reduced. The County shall on or before [he forty-fifth (45th) day next preceding each paymetlt date furnish the Registration Agetlr with its certificate indicating whether or not and to what extent the provis io~~s of clauses (i) and (ii) of this subsection are to be availed of with respect to such payment and confirm that funds for the balance of the next succeeding prescribed payment will be paid on or before the next succeeditlg payment date.

Notice of call for redemption shall he given by the Registration .4gent on behalf of the County not less than thirty (30) nor more than sixty (60) days prior to the date fixed for redernption by sending an appropriate notice to tlte registered owners of the Bollds to be redeelried by first-class mail, postage prepaid, at the addresses shown on the bond registration records of [he Registration Agent as of the date of the notice; but neither failure to mail sucll tiotice nor ally defect in any such notice so mailed shall affect the sufficiency of the proceedings for redemption of any of tile Bonds for which proper notice was given. The Registration Agent shall mail said notices. in rhc case of term bonds with man(latory redernptiorl requiretnents as and when provided herein and in the Bonds and, in the case of optional redemption, as and when directed by the Coutlty pursuanr to writterl instructiotis from an authorized representative of the County given at least forty-five (45) days prior to the redemption dare (unless a shorter notice period shall be satisfactory to tlle Registration Agent). From and after the redemption date, ail Bonds called for redemption shall cease to bear inlerest if h n d s are available at the office of the Registration Agent for the payment rhereof and if notice has been duly provided as set forth herein.

The Governing Body hereby authorizes and directs the Registration Agent to maintain Bond registration records with respect to the Bonds, to authenticate and deliver the Bonds as provided herein, either at original issuance, upon transfer, or as otherwise directed by the County, to effect transfers of the Bonds, to give all notices of redemption as required herein, to make all payments of principal and interest with respect to the Bonds as provided herein, to cancel and destroy Bonds which have been paid at maturity or upon earliest redemption o r submitted for exchange or transfer. to furnish the County at least a~mnally a certificate o f destruction with respect to Bonds canceled and destroyed, and 10 furnish the County at least annually an audit confirmation of Bonds pad , Boncls outstanding and payments made with respect to interest on the Botlds. The County Executive 1s hereby authorizrd to execute and the County Clerk is hereby authorized to anest such

written agreement between the County and the Registration Agent as they shall deem necessary or proper with respect to the obligations, duties and rights of the Registration Agent. The payment of all reasonable fees and expenses of the Registration Agent for the discharge of its duties and obligations hereunder or under any such agreement is hereby authorized and directed.

The Bonds shall be payable, principal and interest, in lawful money of the United States of America at the principal corporate trust office of the Registration Agent. The Registration Agent shall make all interest payments with respect to the Bonds on each interest payment date directly to the registered owners as shown on the Bond registration records maintained hy the Registration Agent as of the close of business on the fifteenth day of the month next preceding the interest payment date (the "Regular Record Date") by check or draft mailed to such owners at their addresses shown on said Bond registration records, without, except for final payment, the presentation or surrender of such registered Bonds, and all such payments shall discharge the obligations of the County in respect of such Bonds to the extent of the payments so made. Payment of principal of on the Bonds shall be made upon presentation and surrender of such Bonds to the Registration Agent as the same shall become due and payable.

Any interest on any Bond which is payable but is not punctually paid or duly provided for on any interest payment date (hereinafter "Defaulted Interest") shall forthwith cease to be payable to the registered owner on the relevant Regular Record Date; and, in lieu thereof, such Defaulted lnterest shall be paid by the County to the persons in whose names the Bonds are registered at the close of business on a date (the "Special Record Date") for the payment of such Defaulted Interest. which shall be fixed in the following manner: the County shall notify the Registration Agent in wrrting of the amount of Defaulted Interest proposed to be paid on each Bond and the date of the proposed payment, and at the same time the County shall deposit with the Registration Agent an amount of money equal to the aggregate amount proposed to be Paid in respect of such Defaulted lnterest or shall make arrangements satisfactory to the Registration Agent for such deposit prior to the date of the proposed payment, such money when deposited to be held in trust for the benefit of the persons entitled to such Defaulted lnterest as in this Section provided. Thereupon, not less than ten (10) days after the receipt by the Registration Agent of the notice of the proposed payment, the Registration Agent shall fix a Special Record Date for the payment of such Defaulted lnterest which Date shall be not more than fifteen (15) nor less than ten (10) days prior to the date of the proposed payment to the registered owners. The Registration Agent shall promptly notify the County of such Special Record Date and, in the name and at the expense of the County, not less than ten (10) days prior to such Special Record Date, shall cause notice of the proposed payment of such Defaulted Interest and the Special Record Date therefor to be mailed, first class postage prepaid, to each registered owner at the address thereof as it appears in the Bond registration records maintained by the Registration Agent as of the date of such notice. Nothing contained in this Section or in the Bonds shall impair any statutory or other rights in law or in equity of any registered owner arising as a result of the failure of the County to punctually pay or duly provide for the payment of principal of, premium, if any, and interest on the Bonds when due.

The Donds are transferable only by preserttatio~t to the Registwtioii Agent by the registered owncr, or his legal represe~itative duly authorized in writing, of the registered Bond(s) to be transferred with the form of assignment on the reverse side thereof completed in full and signed uith thr name of the registered owner as it appears upon the face of the Bond(s) accon~panied by appropriate documentation necessary to prove the legal capacity of any legal representative of tlte registered owner. Upon receipt of the Bond($ in such form and with such documentation, if any, the Registration Agent shall issue a new Bond o r Bonds to the assignce(s) in $5,000 denominations. or intcgral ~nultiples thereof, as requested by the registered owner requesting transfer. The Registration Agent shall not be required to transfer or exchange any Bond during the period commencing on a Regular or Special Record Date and ending on the correspottding interest pny~ncnt date of such Bond, nor to transfer o r exchange any Bond after the notice calling such Bond for redemption has been made, nor to transfer or exchange any Bond during the period fiillowing the receipt of instructions froln the Coullty to call such Bortd for redemption; pro\,ided, rite Re$istration Agent, at its option, ma)! make transfers after any of said dates. No charge shall be made to any registered owner for the privilege of transferring any Bond, provided that any tra~tsfer tax relating to such transaction shall be paid by the registered owner requesting transfer. Thc person in ivltose name any Bond shall be registered shall be deemed and regarded as the al~solute owner thereof for all purposes and neither the County nor the Registration Ageot shall be affected by any notice to the contrary uhcther or not any payments due on the Bonds shall be overdue. Bonds, upon surrender to the Registration Agent, may. at the optioriof the registered oivner. be exchanged for an cqual aggregate principal amount of Bonds of the same maturity in any autltorized denomination or denominations.

The Bonds sltall be signed by the County Executive and attested by the County Clerk by their respective manual o r facsimile signatures, and shall have imprinted thereon a facsimile of the corporate seal of the County.

l l ~ e Registration Agent is l~ereby autltorized to aulhenticate and deliijer the Bonds to the original purchaser thereof o r as it may designare upon receipt by the County of the proceeds of rhe sale thereof and to authenticate and deliver Bonds in exchange for Bonds of the same principal amount delivered for transfer upon receipt of the Bond(s) to be transferred in proper form with proper documentation as hereinabove described. The Bonds shall not be valid for any purpose unless aurltenticated by the Registration Agent by the manual signature of an officer thereof on the certificate set forth herein on the Bond fornt.

In case any Bond shall become mutilated, or be lost, stolen or destroyed, the County, in its discretion, shall issue, and the Registration Agent, upon written direction from the County shall authenricate and deliver, a new Bond of like tenor, amount, maturity and date, in exchange and substitution for, and upon the cancellation of, the mutilated Bond, or in lieu of and substitution for such lost, stolen or destroyed Bond, or if any such Bond shall have matured o r shall be about to marure, instead of issuing a substituted Bond the County may pay or auihorize payment of sucll Bond \r.ithout surrender thereof. In every case the applicant shall furnish evidence satishctory to the County and the Registration Agent of the destruction, thee or loss of such Bond, and

indemnity satisfactory to the County and the Registration Agent; and the County may charge the applicant for the issue of such,new Bond an amount sufficient to reimburse the County for the expense incurred by it in the issue thereof.

4. Source of P a m . The Bonds shall be payable from unlimited ad valorem taxes to be levied on all taxable property within the County. For the prompt payment of principal of and interest on the Bonds, the full faith and credit of the County are hereby irrevocably pledged.

W 5. Formof The Bonds shall be in substantially the following form, the omissions to be appropriately completed when the Bonds are prepared and delivered:

(Form of Face of Bond)

REGISTERED Number -

UNITED STATES OF AMERICA STATE OF TENNESSEE COUNTY OF SULLIVAN

SCHOOL BONDS, SERIES - Interest Rate: - Maturity Date: - Date of Bond:

REGISTERED $

CUSIP No.:

December 1. 1998 Registried Owner: Principal Amount:

KNOW ALL MEN BY THESE PRESENTS: That Sullivan County, Tennessee (the "County"), for value received hereby promises to pay to the registered owner hereof, hereinabove named, or registered assigns, in the manner hereinafier provided, the principal amount hereinabove set forth on the maturity date hereinabove set forth or earlier redemption as set forth herein, and to pay interest (computed on the basis of a 360day year of twelve 30-day months) on said principal amount at the annual rate of interest hereinabove set forth from the date hereof until said maturity date or redemption date, said interest being payable on October I . 1999, and semi- annually thereafter on the first day of April and October in each year until this Bond matures or is redeemed. Both principal hereof and interest hereon are payable in lawful money of the United States of America by check or draft at the principal corporate uust office of Fis t Tennessee Bank National Association, Memphis, Tennessee, as registration agent and paying agent (the "Registration Agent"). The Registration Agent shall make all interest payments with respect to this Bond on each interest payment date directly to the registered owner hereof shown on the Bond registration records maintained by the Registration Agent as of the close of business on the

fifteenth day oftlie rnontll next preceding the interest payrnent date (the "Regolar Record Date") by check or draft rnailed to such owner at such owner's address shown on said bond registratioll records, without, except for final payment, the presentation or surrender of this Bond, and all such payments shall discharge the obligations of the County to the extent of the payments so made. Any such interest not so punctually paid or duly provided for on any interest payment date shall forthwith cease to be payable to the registered owner on the relevant Regular Record Date; and, in lieu thereof, such defaulted interest shall be payable to the person in whose name this Bond is registered at the close of business on the date (the "Special Record Date") for payment of such defaulted iritrrest to be fixed by the Registration Agent, notice of which shall be given to the owners of the Bonds of the issue of which this Bond is one not less than ten (10) days prior to sucli Special Record Date. Payment o f principal of this Bond shall be made when due upon presentation and surrender of this Bond to the Registration Agent.

Reference is hereby made to the further provisions of this Bond set forth on the reverse side hereof and such further provisio~ls shall for all purposes have the same effect as if set forth on the front side hereof.

I1 is hereby certified, recited, and declared that all acts. conditions and things required to exist, happen atid be performed precedent to and in the issuance of this Bond exist, have happened and have been perforn~ed in due time, form and manner as required by law, and that [he arnount of this Bund, together with all other indebtedness of the County, does not exceed any limitation prescribed by the constitution and statutes of the State of Tennessee.

I N WITNESS WHEREOF, the County has caused this Bond to be signed by its County Executive with his facsimile signature and attested by its County Clerk with her facsimile signature under a facsimile of the corporate seal of the County, all as of the date hereinabove set forth.

SULLlVAN COUNTY

(FACSIMILE SEAL)

ATTESTED:

(Facsimile) County Clerk

BY: (Facsimile) County Executive

Transferable and payable at rhe principal cor11orate trust office of: First Tennessee Bank National Association

Memphis, Tennessee

This Bond is one of the issue of Bonds issued pursuant to the Resolution hereinabove described.

Date of Registration:



(Form of Reverse Side of Bond)

The Bonds of the issue of which this Bond maturing April 1. 2000 through April 1. 2008 shall mature without option of prior redemption. Bonds maturing April 1. 2009 and thereafter, shall be subject to redemption prior to maturity at the option of the County on April 1, 2008 and on any date thereafter at a redemption price of par plus interest accrued to the redemption date.

If less than all the Bonds shall be called for redemption, the maturities to be redeemed shall be designated by the Board of County Commissioners of the County, in its discretion, and, if less rhan all of the Bonds of a maturity shall be called for redemption, the Bonds wirhin the maturity to be redeemed shall be selected by the Registration Agent by lot or in such other random manner as the Registration Agent in its discretion shall determine.

Notice of call for redemption shall be given by the Registration Agent not less than thirty (30) nor more than sixty (60) days prior to the date fixed for redemption by sending an appropriate norice to the registered owners of the Bonds to be redeemed by first-class mail, postage prepaid, at the addresses shown on the bond regisuation records of the Registration Agent as of the date of the notice: but neither failure to mail such notice nor any defect in any such notice so mailed shall affect the sufficiency of the proceedings for the redemption of any of the Bonds for which proper notice was given. From and after any redemption date, all Bonds called for redemption shall cease to bear interest if funds are available at the office of the Registration Agent for the payment thereof and if notice has been duly provided as set forth herein.

This Bond is transferable by the registered owner hereof in person or by such owner's attorney duly authorized in writing at the principal corporate trust office of the Registration Agent set forth on the front side hereof, but only in the manner, subject to limitations and upon payment

of rlie charges provided ill tlie Resolution, as hereafter defined, and upon surrender and cancellatio~l of this Bond. Upon such transfer a new Bond or Bonds of authorized denomination or denominaiions of the same maturity and interest rate for the same aggregate principal amount will be issued to the transferee in exchange therefor. The person in whose name this Bond is registered shall be deemed and regarded as the absolute owner thereof for all purposes and neither the County nor the Registration Agent shall be affected by any notice to the contrary wherher or not any payments due on the Bond shall be overdue. Bonds, upon surrender lo the Registration Agent, may, at t l~e option of the registered owner thereof, be exchanged for an equal aggregate principal amounr of the Bonds of the same maturity in authorized denomination or denominations. upon the ternis set forth in the Resolution. The Registsation Agent shall not he required to transfer or exchange a ~ y Bond during the period conunencing on a Regular Record Date or Special Record Date and ending on the correspondi~lg interest payment date of such Bond, nor to transfer or exchange any Bond after the notice calling such Bond for redemption has been made, nor to transfer or exchange any Bond during the period following the receipt of ir~structions from the C o u ~ ~ t y to call such Bond; provided, the Registration Agent, at its option, may make transfers after any of said dates.

This Bond is one of a total nuil~orized issue aggregating $ and issued by the County for the purpose of providing funds to purchase sites for County school buildings and facilities; to construct, furnish am1 equip County school buildings and facilities; to pay engineering, legal, fiscal and adnii~iistrative costs incident to the foregoing; to pay the costs iticident to the issuance and sale of tlie Bonds; and to provide funds required to be shared with each incorporated city or town within tlie County pursuant to Section 49-3-1003(b)(l), Tennessee Code Annotated, under and in full coriipliance with the constitution and statutes of the State of Tennessee, irlcludiiig Sections 39-3-1001 to 49-3-1008. i~iclusive. Tennessee Code Annotated. the State of Tennessee, am1 pursuaiit to a resolution duly adopted by the Board of County Ci)~nmissioricrs of tlie Coolity on Novet~~hcr 23, 1'196 (the "Kcsolution")

This Bond is payable from unlimited ad valorem taxes to he levied on all taxable property within the County. For the prompt paymrnt of principal of and interest on this Bond, the full fairh and credit of the County are irrevocably pledged. For a more complete statement of the general covenants and provisions pursuant to which illis Bond is issued, reference is hereby made to said Resolution.

This Bond and the income therefrom are exempt from all present state, county and municipal taxes in Tennessee except (a) ii~heritance, transfer and estate taxes, (b) Tennessee excise taxes on interest on the Bond during the period the Bond is held or beneficially owned by a corporation, ba&, savings and loan association or any other business entity described in Section 67-4-806. Tennessee Code Annotated. and (c) Tennessee franchise taxes by reason of the inclusion of the book value of the Bond in the Tennessee franchise tax base of any corporation, bank, savings and loan assuciation or other business entity described in Section 67-4-903, Tennessee Code Annotated.


FOR VALUE RECEIVED, the undersigned sells, assigns, and transfers unto , whose address is

(Please insert Federal Identification or Social Security Number of Assignee ), the within Bond of Sullivan County, Tennessee, and does hereby irrevocably constitute and appoint , attorney, to transfer the said Bond on the records kept for registration thereof with full power of substitution in the premises.

Dated:

,!lQDS: The signature to this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever.


JKUKE: Signature(s) must be guaranteed by a member firm of a Medallion Program acceptable to the Registration Agent.

&u&n 6. Levy of Tax. The County, through its Governing Body, shall annually levy and collect a tax upon all taxable property within the County, in addition to all other taxes authorized by law, sufficient to pay principal of and interest on the Bonds when due, and for that purpose there is hereby levied a direct annual tax in such amount as may be found necessary each year to pay principal and interest coming due on the Bonds in said year. Principal, premium, if any. and interest falling due at any time when there are insufficient funds from this tax levy on hand shall be paid from the current funds of the County and reimbursement therefor shall be made out of the taxes hereby provided to be levied when the same shall have been collected. The tax herein provided may be reduced to the extent of any appropriations from other funds, taxes and revenues of the County to the payment of debt service on the Bonds.

&&a 7. a l e of Bond$. (a) The Bonds shall be offered for public sale as required by law at a price of not less than ninety-nine percent (99%) of par, exclusive of original issue discount, plus accrued interest, as a whole or in pan, from time to time, and may be offered in one or more emissions from time to time, as shall be determined by the County Executive in consultation with the County's financial advisor. I. C. Bradford & Co.. Nashville. Tennessee.

(b) If the Bonds are sold in more than one emission, the County Executive is authorized to designate the series of each enission, to cause to he sold in each emission an aggregate principal amount of Bonds less than that shown in Section 3 hereof for each emission, and to make corresponding adjustments to the nlaturity schcdule o f each emission designated in Section 3 herrof. so long as the total aggregate principal amount of all emissions issued does not exceed the total aggregate of Donds authorized to be issued herein.

(c) The County Executive is further authorized to change the dated date of the Bonds or any emission thereof, to a date other than December 1, 1998, to determine the series designation of each en~ission of Bonds, to change the tirst interest payment date on the Bonds or any emission thereof to a date other than October 1, 1999, to adjust the principal and interest payment dates and maturity amounts of the Bonds or any emission thereof, provided the total priricipal amount of all emissions of the Bonds does not exceed the total amount of Bonds authorized herein, to change the County's optional redemption provisions of the Bonds, provided the redemption premium, if any, shall not exceed two percent (2%) of the par amount of the Bonds called for redenlption, to sell the Bonds or any maturities thereof as term bonds with mandatory reiietnption requirements corresponding to the maturities set forth herein or as otherwise determined by the County Executive, as he shall deem most advantageous to the County, and to cause all or a portion of the Bonds to be insured by a bond insurance policy issued by a nationally recognized bond insurance company to achieve the pllrposes set forth herein and to serve the best interests of the Coui~ty

(d) The County Executive is further authorized to sell the Bonds simultaneously with the County's General Obligation Capital Outlay Notes, Series 1998 authoriied to be issued on the datc hereof by resolutioi~ of the Governing Body and with any other series of scl~ool bonds authorized to he issued by this resolution.

(e) 'The County Executive is autllorizcd to award the Bonds to the bidder whose bid results in the lowest true interest cost to the County, provided the rate or rates on none of the ilonds exceeds six percent (6%) per almum. The award of the Bonds by the County Executive to the lowest bidder shall be binding on the County. and no further action of the Governing Body with respect thereto shall be required. The form of the Bond set forth in Section 5 hereof, shall be conformed to reflect any changes made pursuant to this Section 7 hereof.

(0 The County Executive and County Clerk, or either of them, are authoriied to cause the Bonds to be authenticated and delivered by the Registration Agent to the successful bidder and to execute, publish, and deliver all certificates and documents, including an official statement and closing certificates, as they shall deem necessary in connection with the sale and delivery of the Bonds. The County Executive and County Clerk are hereby authorized to enter into a contract rrith I. C. Bradford & Co.. Nashville, Tennessee, for financial advisory services in connection with the sale of the Bonds.

8. m - s . From the proceeds of the sale of the Bonds, all accrued interest shall be deposited to the appropriate fund of the County to be used to pay interest on the Bonds on the first interest payment date following delivery of the Bonds.

The County Executive and the County Clerk, or either of them, are authorized to cause to be determined the amount of proceeds of the Bonds required to be shared with each incorporated city or town within the County pursuant to Section 49-3-1003(b)(l). Tennessee Code Annotated, and to cause the amounts so determined to be paid over to the treasurer of each City.

The remainder of the proceeds of the sale of the Bonds shall be deposited with a financial institution regulated by the Federal Deposit Insurance Corporation or similar federal agency in a special fund known as the School Construction Fund (the "Construction Fund") to be kept separate and apart from all other funds of the County. The County shall disburse funds in the Construction Fund to pay costs of issuance of the Bonds, including necessary legal, accounting and fiscal expenses, printing, engraving, advertising and similar expenses, administrative and clerical costs, Registration Agent fees, bond insurance premiums, if any, and other necessary miscellaneous expenses incurred in connection with the issuance and sale of the Bonds. The remaining funds in the Construcrion Fund shall be disbursed solely to pay the costs of the Project. Money in the Construction Fund shall be secured in the manner prescribed by applicable Statutes relative to the securing of public or trust funds, if any, or, in the absence of such a statute, by a pledge of readily marketable securities having at all times a market value of not less than the amount in said Construction Fund. Money in the Construction Fund shall be expended only for the purposes authorized by this resolution. Any funds remaining in the Construction Fund after completion of the Project and payment of authorized expenses shall be paid to the County Trustee and shall be used to pay principal of and interest on the Bonds. Moneys in the Construction Fund shall be invested at the direction of the County Trustee in such investments as shall be permitted by applicable law. Earnings from such investments shall be placed in the Constmction Fund or transferred to the County Trustee to be deposited in the County's debt service fund as directed by the County Executive.

9 , Qffic&l&&cxm. The County Executive and County Clerk, or either of them. working with the County's financial advisor. 1. C. Bradford & Co., are hereby authorized and directed to provide for the preparation and distribution of a Preliminary Official Statement describing the Bonds. After bids have been received and the Bonds have been awarded, the County Executive and County Clerk, or either of them, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this resolution as are necessary or desirable to complete it as a final Official Statement for purposes of Rule 15~2- 12(b)(3) of the Securities and Exchange Commission. The County Executive and County Clerk, or either of them, shall arrange for the delivery to the successful bidder on the Bonds of a reasonable number of copies of the Official Statement within seven business days after the Bonds have been awarded for delivery, by the successful bidder on the Bonds, to each potential investor requesting a copy of the Official Statement and to each person to whom such bidder and members of his bidding group initially sell the Bonds.

'The Coulit) Executive and County Clerk, or either of them, are authorized, on behalf of tlie County, to deem the Preliminary Official Statement and the Official Statement ill final fomi. each to be final as of its date within tlie meariing of Rule 15~2-12(b)( l ) , except for the omission in the Preliminary Official Statement of certain pricing and other information allouped to be omitted pursuant to such Rule 15~2-12(b)( l ) . The distribution of the Preliminary Official Starement and the Official Statement in final form shall be conclusive evidence that each has been deemed in final form as of its date by tlie County except for the omission in the Preliminary Olficidl Statement uf such pricing and other iriformation.

Section 10. m. The County recognizes that the purchasers and owners of the Bonds will have accepted them on, and paid therefor a price that reflects, the understanding that i~rrerest thereon is excludable from gross income for purposes of federal income taxation under laws in force on the date of delivery of the Bonds. In this connection, the County agrees that it shall take no action which may cause tlle interest on any of said Bonds to be included in gross incorne for purposes of federal income taxation. It is the reasonable expectation of the Governing Body of the County that the proceeds of the Bonds will liot be used in a manner which will cause lhe Buncis to be "arbitrage bonds" within the meaning of Section 148 of the Code, and to this end tile said proceeds of the Bonds and other related funds established for the purposes herein set out shall be used and spent expeditiously for the purposes described herein. The Governing Body fi~rther covenants and represerlrs that in the eveut i t shall be required by Section 148(f) of the Code ro pay 'rebate amount" with respect to the Ilunds to the United States government, it will make srlch payments as and when required by said Section 148(fl and will take such other actions as shall be necess~ry or permitled to prevent the interest on the Bonds from being included in gross income for federal income tax purposes. The County Executive and County Clerk, or either of them, are authorized and directed to make such certifications in this regard in connection with the sale of the Bonds as either or both shall deem appropriate, and such ccrtihcations shall conslitute 3 representation and certification o f the County.

%-11 '11 I I ~j;lurgc.~~~d..S..~~~~f;ic~!~~~~ ?)f.[j& li t;ic <'~' .II .I) >11.11! r?! atlj .l.s.l.:[gc 1'1~ III:I?:..?.IIIC>\ c\~.Ictl.cd b: .in! u i rhc U , I I I ~ S In an) dtle Jr mJrc ut th;. i~1.1a":~ h?.!;, to U I : .

(a) By paying or causing to be paid, by deposit of sufficient funds as and when required u,ith the Registration Agent, the princip~l of and interest on such Bonds as and when the same become due and payable;

(b) By depositing or causing to be deposited with any trust company or financial institution whose deposits are insured by the Fcderal Deposit Insurance Corporation or similar federal agency and which has trust powers ("an Agent"; which Agent may be the Registration Agent) in trust or escrow, on or before the date of maturity or redemption, sufficient money or Federal Obligations, as hereafter defined, the principal of and interest on which, when due and payable, will provide sufficient moneys to pay or redeem such Bonds and to pay intercst thereon when due until the maturity or redetnption date (provided, if such Uo~ids are to be redee~ned prior

to maturity thereof, proper notice of such redemption shall have been given or adequate provision shall have been made for the giving of such notice);

(c) By delivering such Bonds to the Registration Agent, for cancellation by it;

and if the County shall also pay or cause to be paid all other sums payable hereunder by the Counly with respect to such Bonds, or make adequate provision therefor, and by resolution of the Governing Body instruct any such Escrow Agent to pay amounts when and as required to the Registration Agent for the payment of principal of and interest on such Bonds when due, then and in that case the indebtedness evidenced by such Bonds shall be discharged and satisfied and all covenants, agreements and obligations of the County to the holders of such Bonds shall be fully discharged and satisfied and shall thereupon cease, terminate and become void.

If the County shall pay and discharge the indebtedness evidenced by any of the Bonds in the manner provided in either clause (a) or clause (b) above, then the registered owners thereof shall thereafter be entitled only to payment out of the money or Federal Obligations deposited as aforesaid.

Except as otherwise provided in this Section, neither Federal Obligations nor moneys deposited with the Registration Agent pursuant to this Section nor principal or interest payments on any such Federal Obligations shall be withdrawn or used for any purpose other than, and shall be held in trust for, the payment of the principal and interest on said Bonds; provided that any cash received 'om such principal or interest payments on such Federal Obligations deposited with the Registration Agent, (A) to the extent such cash will not be required at any time for such purpose, shall be paid over to the County as received by the Registration Agent and (B) to the extent such cash will be required for such purpose at a later date, shall, to the extent practicable, be reinvested in Federal Obligations maturing at times and in amounts sufficient to pay when due the principal and interest to become due on said Bonds on or prior to such redemption date or maturity date thereof, as the case may be, and interest earned from such reinvestments shall be paid over to the County, as received by the Registration Agent. For the purposes of this Section. Federal Obligations shall mean direct obligations of, or obligations, the principal of and interest on which are guaranteed by, the United States of America, or any agency thereof, obligations of any agency or instrumentality of the United States or any other obligations at the time of the purchase thereof are permitted investments under Tennessee Law for the purposes described in this Section, which bonds or other obligations shall not be subject to redemption prior to their maturity other than at the option of the registered owner thereof.

a 12. VDisclosure. The County hereby covenants and agrees that it will provide annual financial information and material event notices if and as required by Rule 15~2-12 of the Securities Exchange Commission for the Bonds. The County Executive is authorized to execute at the Closing of the sale of the Bonds, an agreement for the benefit of and enforceable by the owners of the Bonds specifying the details of the financial information and material event notices to be provided and its obligations relating hereto. Failure of the County to comply with

lhc urldertaking herein rlescribed 'and to be detailed in said closing agreement, shall not be a default hereunder, but any such failure shall entitle the owner or owners of any of the Bonds to take such actions and to iilitiate such proceedings as shall be necessary and appropriate to cause the County to comply with ils undertaking as set forth herein and in said agreement, including the remedies of mandamus and specific performances.

Set_ 13. Tax-Exemnt Oblieations. To the extent the Bonds o r any emission thereof, may be designated as "qualified tax-exempt obligations" within the meaning of and pursuant to Section 265 of the Code, the Governing Body hereby designates the Bonds or any such emission as "qualified tax-exempt obligations".

S e s ~ 14. Kcsolutien a Contract. The provisions of this resolution shall constitute a colltract between the County and the registered owners of tlle Bonds, a i d after the issuance of the Bonds, no change, variation or alteration of any kind in the provisions of this resolution shall be ~nade in any manner until such lime as the Bonds and interest due thereon shall have been paid in f u l l .

15. Separability. If any section, paragraph or provision of this resolution shall he held r o b e invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragrap11 or provision shall not affect any of the remaining provisions of tliis resolution.

Section 16. &peal of conflict in^ Resolutions a ~ l d Effective Date. ,411 other resolutions and orders, or parts thereof, in conflict tvith the provisions of this resolution, are , to the extent of such conflict, hereby repealed and this resolution shall be in immediate effect from and after its adoption.

Adopted and approved this twenty-third day of November, 1998

County Executive

ATTEST:

County Clerk

SEAL


COUNTY OF SULLIVAN )

I. Jeanie Gammon, hereby cenify that I am the duly qualified and acting County Clerk of

Sullivan County, Tennessee, and as such official I further cenify that attached hereto is a copy of

excerpts from the minutes of a meeting of the governing body of the County held on November

23. 1998; that these minutes were promptly and fully recorded and are open to public inspection;

[hat I have compared said copy with the original minute record of said meeting in my official

custody; and that said copy is a true, correct and complete transcript from said original minute

record insofar as said original record relates to an amount not to exceed $17,000,000 School

Bonds of said County.

WITNESS my official signature and seal of said County this - day of November, 1998.

County Clerk

Tile Board of County Cormnissionerb of Sullivan County, Tennessee, met in a regular

session on November 23, 1998, at 9:00 a.m., E.S.T., at the County Courthouse, Blountville,

Tennessee. wirl~ Gil Hodges, County Executive, presiding.

The following Commissiol~ers were present:

The foilowing Commissioners wcre absent:

There were also prescnt lcanic Cianunon, Coumy Clerk and Larry Bailey, Director of

Accourlls and Budgets.

AFrer the meeting was duly called to order, the following resolution was introduced by

, seconded by and after due deliberation, was

adopted hy the following vote:

.&YE:

AND THEREUPON COUNTY COMMISSION ADJOURNED UPON MOTION MADE BY

COMM. CARTER AND SECONDED BY COMM. MORRELL TO MEET AGAIN IN REGULAR

SESSION DECEMBER 21, 1998.

GIL HODGES. COMMISSION CHAIRMAN

COUNTY CORIMISSIOY -ADJOURNED SESSION · 11/8/2017 · SW feel em of ill hunenion wi!h Lcst~rRsd...

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