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STATE OF TENNESSEE
COUNTY OF HAMBLEN
CORPORATION OF MORRISTOWN
SEPTEMBER 20, 2005

The City Council for the City of Morristown, Hamblen County, Tennessee, met in regular session at the regular meeting place of the Council in the Morristown City Center at 4:00 p.m., Tuesday, September 20, 2005 with Honorable Mayor Gary R. Johnson presiding and the following named Councilmembers present: Claude Jinks, Frank McGuffin, William Rooney, Kay Senter, Rick Trent and Mel Tucker.

Councilmember Jinks made a motion to adopt the September 6, 2005 minutes as circulated; Councilmember Rooney seconded the motion and upon roll call, all voted 'aye'.

Mayor Johnson presented a proclamation to Brenda Dean, HCBOE, recognizing September 17-25th as Literacy Week.

Mayor Johnson presented a proclamation to Judge Herbert Bacon in recognition of his long and exceptional service to the City of Morristown.

A public hearing was held on the following Resolution No. 25-05. Councilmember Jinks made a motion to adopt said Resolution; Councilmember McGuffin seconded the motion and upon roll call, all voted 'aye'.

RESOLUTION NO. 25-05
PLAN OF SERVICES

ARESOLUTION ADOPTING A PLAN OF SERVICES FOR THE ANNEXATION OF PROPERTIES LOCATED ALONG SUBLETT ROAD AND WITT ROAD.

WHEREAS, TENNESSEE CODE ANNOTATED, TITLE 6, CHAPTER 51, AS AMENDED REQUIRES THAT A PLAN OF SERVICES BE ADOPTED BY THE GOVERNING BODY.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND COUNCIL OF THE CITY OF MORRISTOWN, TENNESSEE:

Starting at a point of beginning at the intersection of the eastern edge of the right-of-way of Sublett Road, parcels 058.00, 061.00, and 062.00 of Hamblen County Parcel Map 57; thence, in a northeasterly direction following the common boundary shared by parcel 058.00 and 062.00 of Hamblen County Parcel Map 57; thence, continuing along the same common boundary line in a northern direction to the intersection of parcels 058.00, 059.00, and 062.00 of Hamblen County Parcel Map 57; thence continuing north along the common boundary shared by parcels 058.00 and 059.00 of Hamblen County Parcel Map 57 to the intersection of parcel 058.00, 059.00 and 01.01 of Hamblen County Parcel Map 57; Thence continuing north along the boundary line of parcels 01.01 and 59.00 of Hamblen County Parcel Map 57, thence continuing west along this same boundary line to a point at the intersection of parcels 59.00 and 01.01 of Hamblen County Parcel Map 57 and parcel 106.00 of Hamblen County parcel Map 56; Thence, in a northerly direction along the common boundary shared by parcel 106.00 of Hamblen County Parcel Map 56 and parcel 01.01 of Hamblen County Parcel Map 57 to the point of intersection of parcels 01.01 of map 57 and parcels 106.00 and 107.00 of Hamblen County Parcel Map 56; Thence in a westerly direction along the common boundary shared by parcels 106.00 and 107.00 of Hamblen County Parcel Map 56 over the Sublett Road right-of-way to the point of intersection by the western edge of the Sublett Road right-of-way and the northeast corner of parcel 06.00 of Map 56E Group A; Thence in a southern direction along the western edge of the Sublett Road right-of-way and the common boundary shared by the western boundary lines of the following parcels: 06.00, 05.00, 04.00, 03.00, 02.00 and 01.00 of Hamblen County Parcel Map 56E Group A and parcels 116.00, 115.00, 115.01, 116.06, and 141.00 of Hamblen County Parcel Map 57; Thence in an easterly direction across the Sublett Road right-of-way to the point of beginning at the intersection of the eastern edge of the Sublett Road right-of-way and parcels 58.00, 61.00 and 62.00 of Hamblen County Parcel Map 57.

Section I. Pursuant to the provisions of Title 6, Chapter 51, Tennessee Code Annotated, there is hereby adopted, for the area bounded as described above, the following plan of services.

a. Police

1. Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided upon the effective date of annexation.

2. Traffic signals, traffic signs, street markings and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards.

b. Fire

Fire protection by the present personnel and the equipment of the fire fighting force, within the limitations of available water and distances from fire stations, will be provided upon the effective date of annexation.

c. Water

1. Water for potable use will be provided in accordance with current policies of the Morristown Water System unless located in an area in which another utility district has made service available and asserts Title 7 USC 1926b protection in the annexed area.

2. Water for fire protection to serve the substantially developed annexed area(s) will be provided in accordance with current policies of the Witt Utility District unless authorized by franchise agreement with another utility district which has made service available with capability to meet City of Morristown Fire Protection Standards. Any extension of water system infrastructure beyond that of the Witt Utility District policies shall be at the expense of the property owner or developer.

3. In those parts of the annexed area that are currently served by another utility district, the above conditions and terms will begin upon acquisition of service area by the Morristown Water System or approval of franchise agreement with another utility district which may be delayed by negotiation and/or litigation.

d. Sewers

The necessary collecting, intercepting and trunk sewers to serve the substantially developed annexed area(s) shall be in accordance with the current policies of the city. Any extension of said sewers beyond that of the city’s policies shall be at the expense of the property owner or property developer.

e. Electrical

1. Electrical service for domestic, commercial and industrial use will be provided at rates for new lines as extended in accordance with current policies of the Morristown Electric System.

2. In those parts of the annexed area presently served by another utility cooperative, the above conditions or terms will begin with the acquisition by the city of such cooperatives or parts thereof, which may be delayed by negotiations and/or litigation.

f. Refuse Collection

The same regular refuse collection service now provided within the city will be extended to the annexed area upon the effective date of annexation.

g. Streets

1. Routine maintenance, on the same basis as in the present city, will begin in the annexed area when funds from the State gasoline tax based on the annexed population are received (usually July 1 following the effective date of annexation).

2. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under current policies of the city.

h. Inspection Services

Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, weights and measures, sanitation, etc.) will begin upon the effective date of annexation.

i. Planning and Zoning

The planning and zoning jurisdiction of the city will apply to the annexed area in conjunction with the effective date of annexation. The recommended zoning classification for this area is HI (Heavy Industrial) for all parcels.

j. Street Lighting

Street lights will be installed under the standards currently prevailing in the existing city.

k. Recreation

Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effective date of annexation. The same standards and policies now used in the present city will be followed in expanding the recreational program and facilities in the enlarged city.

l. Miscellaneous

Street name signs where needed will be installed as new street construction requires.

Section II. This Resolution shall become effective from and after its adoption.

Passed on this 20th day of September 2005.

__________________________
Mayor

ATTEST:

_______________________________
City Administrator

A public hearing was conducted on the following captioned Ordinance No. 3233. Councilmember Senter made a motion to adopt said Ordinance on second and final reading; Councilmember Jinks seconded the motion and upon roll call, all voted 'aye'.

Ordinance No. 3233 Entitled an Ordinance to annex certain territory and to incorporate same within the corporate boundaries of the City of Morristown, Tennessee. {Annexation and Zoning Classification of property located off Sublett Road known as the Hamblen County-Morristown Sanitary Landfill.}

A public hearing was conducted on the following captioned Ordinance No. 3234. Councilmember Rooney made a motion to adopt said Ordinance on second and final reading; Councilmember McGuffin seconded the motion and upon roll call, all voted 'aye'.

Ordinance No. 3234
Entitled an Ordinance to close and vacate certain rights-of-way within the City of Morristown. {Right-of-way closing at the intersection of Barton Springs Road and East Morris Blvd.}

Councilmember Rooney made a motion to award the 2005 General Street Improvements Contract to APAC – Tennessee, Inc. in the amount of $293,043.44; Councilmember Senter seconded the motion and upon roll call, all voted 'aye'.

Councilmember Jinks made a motion to adopt the following Resolution No. 26-05; Councilmember Senter seconded the motion and upon roll call, all voted 'aye'.

Resolution No. 26-05

A Resolution authorizing the City of Morristown to participate in the TML Risk Management Pool 'Safety Partners' Loss Control Matching Grant Program.

WHEREAS, as the safety and well being of the employees of the City of Morristown is of the greatest importance; and

WHEREAS, all efforts shall be made to provide a safe and hazard-free workplace for the City of Morristown employees; and

WHEREAS, the TML Risk Management Pool seeks to encourage the establishment of a safe workplace by offering a 'Safety Partners' Loss Control Matching Grant Program; and

WHEREAS, the City of Morristown now seeks to participate in this important program.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MORRISTOWN, TENNESSEE the following:

SECTION 1. That the City of Morristown is hereby authorized to submit application for a 'Safety Partners' Loss Control Matching Grant through the TML Risk Management Pool.

SECTION 2. That the City of Morristown is further authorized to provide a matching sum to serve as a match for any monies provided by this grant.

Resolved this 20th day of September 2005.

________________________________
Mayor

ATTEST:
____________________________
City Administrator

Councilmember Jinks made a motion to adopt the following captioned Ordinance No. 3236 on first reading and schedule a public hearing relative to final passage of said Ordinance for October 18, 2005. Councilmember Senter seconded the motion and upon roll call, all voted 'aye'.

Ordinance No. 3236
Entitled an Ordinance to close and vacate certain rights-of-way within the City of Morristown. {Right-of-way closure – Wintergreen Road (Prima Estates).}

Councilmember Jinks made a motion to uphold Chief Overholt's disciplinary action against Officer Blake Zion - five (5) day suspension and required to attend a Driver Safety Course. Councilmember Tucker seconded the motion and upon roll call, all voted 'aye'.

Councilmember Jinks made a motion to uphold Chief Overholt's disciplinary action against Officer Andre Kyle - ten (10) day suspension and required to attend a Driver Safety Course. Councilmember Tucker seconded the motion and upon roll call, all voted 'aye'.

Mayor Johnson adjourned the September 20, 2005 City Council Meeting.

_____________________________
Mayor

ATTEST:

______________________________
City Administrator