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VOTING SESSION

Hamilton County Commission Voting Session — 2012-03-05

48 agenda items, 2 approved, 3 rejected.

March 5, 2012

MEETING SUMMARY

Approved

Rejected

Tabled

Total Items

Attendance roll pending

AGENDA & VOTES

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ITEM 1·GENERAL

Minutes from February 13, 2012

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ITEM 10·EDUCATION

All records of the Commission shall be open and subject to public inspection in

All records of the Commission shall be open and subject to public inspection in accordance with the Tennessee “Open Records” law, Tenn. Code Ann. Section 10-7-503, et seq.; and all meetings of the Commission or any committee or sub-committee shall comply with the Tennessee “Open Meetings” law, Tenn. Code Ann. Section 8-44-101, et seq. Kim McMillan, Mayor Date City of Clarksville Carolyn P. Bowers, Mayor Date Montgomery County 12-3- 2 RESOLUTION TO CONVEY A SANITARY SEWER EASEMENT TO THE CITY OF CLARKSVILLE WHEREAS, the City of Clarksville is in need of an easement across certain real estate owned by Montgomery County, Tennessee, located at 616 Spring Street, Clarksville, Tennessee, 37040; and WHEREAS, said easement shall be utilized for the purposes of extending a City sanitary sewer line; and WHEREAS, a copy of said Easement is attached hereto as Exhibit “A;” and WHEREAS, the Montgomery County Board of Commissioners feels it is in the best interest of the citizens of Clarksville-Montgomery County that said sanitary sewer easement be granted to the City of Clarksville. NOW, THEREFORE, BE IT RESOLVED by the Montgomery County Board of Commissioners assembled in regular session on this 12 th day of March, 2012, that the County Mayor is hereby authorized to sign all necessary documents to convey the sanitary sewer easement, as described in Exhibit “A” attached hereto, to the City of Clarksville. Duly approved this 12 th day of March, 2012. Sponsor ________________________________…

ITEM 11·CONTRACTS

Refunding Escrow Agreement

Refunding Escrow Agreement. For the purpose of providing for the payment of the principal of, premium, if any, and interest on the Refunded Bonds, the County Mayor is hereby authorized and directed to execute and the County Clerk to attest on behalf of the County the Refunding Escrow Agreement with the Escrow Agent and to deposit with the Escrow Agent the amounts to be used by the Escrow Agent to purchase Government Securities as provided therein; provided, however, that the yield on such investments shall be determined in such manner that none of the Bonds will be an "arbitrage bond" within the meaning of Section 148 (a) of the Code. The form of the Refunding Escrow Agreement presented to this meeting and attached hereto as Exhibit E is hereby in all respects approved and the County Mayor and the County Clerk are hereby authorized and directed to execute and deliver same on behalf of the County in substantially the form thereof presented to this meeting, or with such changes as may be approved by the County Mayor and County Clerk, their execution thereof to constitute conclusive evidence of their approval of all such changes. The Escrow Agent is hereby authorized and directed to hold and administer all funds deposited in trust for the payment when due of principal of, premium, if any, and interest on the Refunded Bonds and to exercise such duties as set forth in the Refunding Escrow Agreement. Section

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ITEM 12·GENERAL

Notice of Refunding

Notice of Refunding. Prior to the issuance of the Bonds, or any series thereof, if required, notice of the County’s intention to refund the Refunded Bonds, shall be given by the registration agent for the Refunded Bonds to be mailed by first-class mail, postage prepaid, to the registered holders thereof, as of the date of the notice, as shown on the bond registration records maintained by such registration agent of said Refunded Bonds. Such notice shall be in the form consistent with applicable law. The County Mayor and the County Clerk, or either of them, is hereby authorized and directed to authorize the registration agent of said Refunded Bonds to give such notice on behalf of the County in accordance with this Section. Section

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ITEM 13·GENERAL

Federal Tax Matters Related to the Bonds

Federal Tax Matters Related to the Bonds. The County recognizes that the purchasers and holders of the Bonds will have accepted them on, and paid therefor a price that reflects, the understanding that interest thereon is excluded from gross income for purposes of federal income taxation under laws in force on the date of delivery of the Bonds. Accordingly, the County agrees that it shall take no action that may render the interest on any of said Bonds subject to federal income taxation. It is the reasonable expectation of the Governing Body 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(a) of the Internal Revenue Code of 1986, as amended (the “Code”), including any lawful regulations promulgated or proposed thereunder, 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 any investment proceeds of the Bonds to the United States government, it will make such payments as and when required by said Section and will take such other actions as shall be necessary or permitted to prevent the interest on the Bonds from becoming subject to inclusion in the gross income for purposes of federal income taxation. The County Mayor and …

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ITEM 14·CONTRACTS

Discharge and Satisfaction of Bonds

Discharge 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 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 County with respect to such Bonds, or make adequate provision therefor, and by resolution of the Governing Body instruct any such Agent to pay am…

WITHDRAWN

ITEM 15·GENERAL

Continuing Disclosure

Continuing Disclosure. The County hereby covenants and agrees that it will provide annual financial information and material event notices as required by Rule 15c2-12 of the Securities Exchange Commission for the Bonds. The County Mayor 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 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 Bonds 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 mandamus and specific performance. Section

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ITEM 18·CONTRACTS

Repeal of Conflicting Resolutions and Effective Date

Repeal of Conflicting Resolutions 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 12 th day of March, 2012. Sponsor _________________________________ Commissioner _________________________________ Approved _________________________________ County Mayor Attested ________________________________ County Clerk 19 STATE OF TENNESSEE ) COUNTY OF MONTGOMERY) I, Kellie A. Jackson, certify that I am the duly qualified and acting County Clerk of Montgomery 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 March 12, 2012; 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 the refunding of certain of the County’s outstanding general obligation bonds. WITNESS my official signature and seal of said County this _____ day of ____________, 2012. _________________________________________ County Clerk (SEAL) 20 The Board of County Commissioners of Montgomery County…

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ITEM 2·CONTRACTS

Projects & Facilities Report

Projects & Facilities Report ANNOUNCEMENTS ADJOURN 12-3- 1 RESOLUTION AUTHORIZING AN INTERLOCAL CONTRACT WITH THE CITY OF CLARKSVILLE TO ESTABLISH THE “SMART GROWTH COMMISSION” WHEREAS, the City of Clarksville has contracted and received the “Clarksville SMART Growth Plan – 2030” which details the management and future growth of Clarksville and Montgomery County, Tennessee; and WHEREAS, the City Council of Clarksville desires to establish a “Smart Growth Commission” in conjunction with the Montgomery County Board of Commissioners; and WHEREAS, the purpose of this commission would be to advocate with “one voice” in promotion of better employment opportunities for local citizens, increase state and federal funding for local projects, successful management of growth and other initiatives to promote the health and welfare of local citizens; and WHEREAS, both the City of Clarksville and Montgomery County, Tennessee, desire to enter into an agreement regarding the establishment of a “Smart Growth Commission” for the purposes set forth above. NOW, THEREFORE, BE IT RESOLVED by the Montgomery County Board of Commissioners assembled in regular session on this 12 th day of March, 2012, that the Interlocal Contract attached hereto as Exhibit “A” establishing the “Smart Growth Commission” is approved. Duly approved this 12 th day of March, 2012. Sponsor _____________________________________ Commissioner _____________________________________ Approved _____________________________________ C…

vote

APPROVED

ITEM 2.02·CONTRACTS

Investment of Funds

Investment of Funds. The monies described in Section 2.01 hereof shall be held or invested as follows : (i) the amount of $___________ shall be used to purchase the Government Securities described on Exhibit B attached hereto; and (ii) the amount of $_________shall be held as cash in a non-interest-bearing account. Except as provided in Sections 2.04 and 2.06 hereof, the investment income from the Government Securities in the Escrow Fund shall be credited to the Escrow Fund and shall not be reinvested. The Agent shall have no power or duty to invest any monies held hereunder or to make substitutions of Government Securities held hereunder or to sell, transfer, or otherwise dispose of the Government Securities acquired hereunder except as provided herein. SECTION

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ITEM 2.03·GENERAL

Disposition of Escrow Funds

Disposition of Escrow Funds. The Agent shall without further authorization or direction from the County collect the principal on the Government Securities promptly as the same shall fall due. From the Escrow Fund, to the extent that monies therein are sufficient for such purpose, the Agent shall make timely payments to the proper paying agent or agents, or their successors, for the Outstanding Bonds of monies sufficient for the payment of the principal of and interest on the Outstanding Bonds as the same shall become due and payable. Amounts and dates of principal and interest payments and the name and address of the paying agent with respect to the Outstanding Bonds are set forth on Exhibit A . Payment on the dates and to the paying agent in accordance with Exhibit A shall constitute full performance by the Agent of its duties hereunder with respect to each respective payment. The County represents and warrants that the Escrow Fund, if held, invested and disposed of by the Agent in accordance with the provisions of this Agreement, will be sufficient to make the foregoing payments. No paying agent fees, fees and expenses of the Agent, or any other costs and expenses associated with the Refunding Bonds or the Outstanding Bonds shall be paid from the Escrow Fund, and the County agrees to pay all such fees, expenses, and costs from its legally available funds as such payments become due. When the Agent has made all required payments of principal and interest on the Outstanding B…

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ITEM 2.04·CONTRACTS

Excess Funds

Excess Funds. Except as provided in Section 2.06 hereof, amounts held by the Agent, representing interest on the Government Securities in excess of the amount necessary to make the corresponding payment of principal and/or interest on the Outstanding Bonds, shall be held by the Agent without interest and shall be applied before any other Escrow Fund monies to the payment of the next ensuing principal and/or interest payment on the Outstanding Bonds. Upon retirement of all the Outstanding Bonds, the Agent shall pay any excess amounts remaining in the Escrow Fund to the County. E-4 SECTION 2.05. Reports . The Escrow Agent shall deliver to the County Clerk of the County a monthly report summarizing all transactions relating to the Escrow Fund; and on or before the first day of August of each year shall deliver to the County Clerk a report current as of June 30 of that year, which shall summarize all transactions relating to the Escrow Fund effected during the immediately preceding fiscal year of the County and which also shall set forth all assets in the Escrow Fund as of June 30 and set forth opening and closing balances thereof for that fiscal year. SECTION 2.06. Investment of Moneys Remaining in Escrow Fund . The Agent may invest and reinvest any monies remaining from time to time in the Escrow Fund until such time as they are needed. Such monies shall be invested in Government Obligations, maturing no later than the next interest payment date of the Outstanding Bonds, or for…

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ITEM 4·GENERAL

The Mayor of the City of Clarksville shall appoint six (6) voting members, subject to

The Mayor of the City of Clarksville shall appoint six (6) voting members, subject to the approval of the Clarksville City Council, and the Mayor of Montgomery County shall likewise appoint six (6) voting members, subject to the approval of the Montgomery County Commission. The remaining three (3) voting members shall be appointed by majority vote of the members of the Smart Growth Commission who have been previously appointed by each Mayor. All of the voting members shall be residents of Montgomery County. Terms for each voting member shall be four (4) years, except for initially appointed members, whose terms shall be as provided below to allow for staggered terms. After the initial appointments, terms for voting members shall continue to be staggered four (4) year terms. No voting member may serve more than two (2) consecutive four-year terms, except that members appointed to fill an unexpired term may fill the unexpired term plus two (2) additional consecutive four-year full terms.

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ITEM 5·GENERAL

Initial terms for voting members shall be as follows:

Initial terms for voting members shall be as follows: a. The City Mayor shall appoint two (2) voting members with terms of two (2) years each; two (2) additional voting members with terms of three (3) years each; and two (2) additional members with terms of four (4) years each. Each member appointed by the City Mayor shall be a resident of the City of Clarksville. b. The County Mayor shall appoint two (2) voting members with terms of two (2) years each; two (2) additional voting members with terms of three (3) years each; and two (2) additional members with terms of four (4) years each. Each member appointed by the County Mayor shall be a resident of the City of Clarksville or Montgomery County. c. The voting members of the Smart Growth Commission appointed by each of the Mayor’s shall appoint one (1) voting member with a term of two (2) years; one (1) additional voting member with a term of three (3) years; and one (1) additional member with term of four (4) years.

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ITEM 6·EDUCATION

In addition to the fifteen (15) voting members, the following shall serve as non-

In addition to the fifteen (15) voting members, the following shall serve as non- voting, ex-officio members: the Mayor of the City of Clarksville; the Mayor of Montgomery County; the President of Austin Peay State University; the Director of the Clarksville-Montgomery County Regional Planning Commission; the President / CEO of the Clarksville – Montgomery County Economic Development Council; the Director of the Montgomery County School System; the Garrison Commander of the Fort Campbell, Kentucky military reservation; and the Chairman of the Board of Directors for the “Aspire Clarksville” non-profit foundation. In addition, any Tennessee state Senator and any Tennessee state Representative, whose senate and house districts respectively includes any part of Montgomery County; and any United States Representative in the United States Congress whose congressional district includes any part of Montgomery County; and the two Senators representing Tennessee in the United States Congress shall also be entitled to serve as non-voting ex-officio members of the Smart Growth Commission.

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ITEM 7·GENERAL

Any voting member appointed by the City Mayor, or by the County Mayor, may be

Any voting member appointed by the City Mayor, or by the County Mayor, may be removed as a member of the Commission prior to the expiration of their term for just cause by a majority vote of the City Council, or the County Commission, respectively. Any voting member appointed by the members of the Smart Growth Commission may only be removed as a member of the Commission for just cause by majority vote of the voting members of the Commission present and voting. Any member subject to removal may not vote on the issue of his or her removal. Article IV: Officers of the Smart Growth Commission

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ITEM 9·GENERAL

The Commission shall adopt By-Laws to govern the dates, times, and places for

The Commission shall adopt By-Laws to govern the dates, times, and places for meetings, procedures, establishment of committees / sub-committees, budgeting and accounting for receipts and expenditures, terms for officers, elections for officers, procedures for filling unexpired terms, and removal of officers, and any other matters appropriately addressed therein. Article VI: Open Records and Open Meetings

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Hamilton County Commission Voting Session — 2012-03-05

AGENDA & VOTES

Minutes from February 13, 2012

All records of the Commission shall be open and subject to public inspection in

Refunding Escrow Agreement

Notice of Refunding

Federal Tax Matters Related to the Bonds

Discharge and Satisfaction of Bonds

Continuing Disclosure

Resolution a Contract

Separability

Repeal of Conflicting Resolutions and Effective Date

Projects & Facilities Report

Investment of Funds

Disposition of Escrow Funds

Excess Funds

The “Smart Growth Commission” shall consist of fifteen (15) voting members and

The Mayor of the City of Clarksville shall appoint six (6) voting members, subject to

Initial terms for voting members shall be as follows:

In addition to the fifteen (15) voting members, the following shall serve as non-

Any voting member appointed by the City Mayor, or by the County Mayor, may be

The members of the Smart Growth Commission shall elect officers for the

The Commission shall adopt By-Laws to govern the dates, times, and places for

DOCUMENTS

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