On the agenda: Millington meeting — data center (Nov 9)

MONDAY, NOVEMBER 9, 2026
BOARD OF MAYOR AND ALDERMEN – REGULAR MEETING
6:00 PM

1. Prayer
2. Pledge Of Allegiance
3. Roll Call
4. Approval Of Agenda
5. Approval Of Minutes Of October 12, 2026 And October 22, 2026
Documents:
BMA MINUTES 10-12-26.PDF
BMA MINUTES 10-22-26.PDF
6. Special Recognition – 2026 Tennessee Fire Safety Poster Contest Winner For 2nd Grade
7. Reports On Debt Obligation
8. Public Comments
9. Public Hearing - Ordinance 2026-18 Amending Title 15, Motor Vehicles, Traffic And Parking,
Chapter 7, Enforcement, Of The Millington Municipal Code
10. Consideration Of Ordinance 2026-18 Amending Title 15, Motor Vehicles, Traffic And
Parking, Chapter 7, Enforcement, Of The Millington Municipal Code – Final Reading
Documents:
ORDINANCE 2026-18 SECOND READING.PDF
11. Consideration Of Resolution 49-2026 Establishing Impoundment And Storage Fees For
Vehicles Pursuant To Section 15-704 Of The Millington Municipal Code
Documents:
RESOLUTION 49-2026 IMPOUND AND STORAGE FEES..PDF
12. Consideration Of Resolution 50-2026 Accepting Tennessee Highway Safety Office Grant
Documents:
RESOLUTION 50-2026 HIGHWAY SAFETY GRANT.PDF

12. Consideration Of Resolution 50-2026 Accepting Tennessee Highway Safety Office Grant
Documents:
RESOLUTION 50-2026 HIGHWAY SAFETY GRANT.PDF
13. Consideration Of Resolution 51-2026 Approving Development Agreement With Most
Dependable Fountains, Inc.
Documents:
RESOLUTION 51-2026 MOST DEPENDABLE FOUNDTAINS.PDF
MDF DEVELOPMENT AGREEMENT_FINAL.PDF
14. Consideration Of Resolution 52-2026 Approving Subdivision Development Agreement With
The State Of Tennessee, Tennessee Board Of Regents
Documents:
RESOLUTION 52-2026 TCAT.PDF
TCAT DEVELOPMENT AGREEMENT_FINAL.PDF
15. Consideration Of Resolution 53-2026 Acknowledging Mayor’s Appointment Of Ben Womble
To Serve As The City Of Millington’s Representative On The Chickasaw Basin Authority
Documents:
RESOLUTION 53-2026 APPOINT BEN WOMBLE TO CBA.PDF
16. Consideration Of Resolution 54-2026 Acknowledging Mayor’s Appointment Of Frankie
Dakin To The Groundwater Quality Control Board
Documents:
RESOLUTION 54-2026 APPOINTMENT TO GROUDWATER QUALITY CONTROL
BOARD.PDF
17. Board Reports
18. Adjourn

ADA NOTICE
The City seeks to meet the needs of all individuals with disabilities. Should
you need an accommodation to attend, speak or hear at this meeting, please
call City Hall at 901.873.5701 at least eight (8) working hours in advance of
the meeting.

CITY OF MILLINGTON BOARD OF MAYOR AND ALDERMEN
MINUTES OF REGULAR MEETING
October 12, 2026
Call to Order, Prayer, and Pledge of Allegiance
The Board of Mayor and Aldermen of the City of Millington, Tennessee, convened in regular session in
Millington City Hall Chambers on Monday, October 12, 2026. The meeting was called to order at 6:00
p.m. by Mayor Larry Dagen. Pastor Jack VanDouser from Journey Church delivered the opening prayer,
followed by the recitation of the Pledge of Allegiance by all in attendance.
Roll Call and Quorum Determination
The following Board members were present:
Mayor Larry Dagen
Bethany Huffman
Al Bell
Chris Ford
John Perales
Thomas McGhee
Don Lowry
Gavin Smith
A quorum being present, the following proceedings were held:
4. Approval of Agenda
Approve Agenda
Motion:
Huffman
Second:
Perales
Vote:
Unanimous consent to approve
5. Approval of Minutes of September 14, 2026
Approve Minutes
Motion:
McGhee
Second:
Lowry
Vote:
Unanimous consent to approve
6. Introduction – Leadership Millington Class of 2027
Amanda Bucher, Outreach & Programs Coordinator, Millington Public Library
Amy Harrison, Assistant to Mayor & City Clerk, City of Millington
Cortney Booker, Lieutenant, Millington Police Department,
Jerrett Everson, Data Analyst, Booz Allen Hamilton
Katie Plourde, Branch Administrator, Insouth Bank
Nikki Varnadore, Branch Manager, Patriot Bank
Robbie Franks, Fire Chief, Millington Fire Department
Sarah Redner, Administrative Assistant, Millington Chamber of Commerce
Sharon Harris, Assistant Principal, Millington Central Middle High School
Shelby Handley Hutchison, Agency Owner, Advance Planning Professionals
Shonda Lott, Assistant Principal, Millington Primary School
7. West Cancer Foundation – Chassia Taylor, Director of Community Engagement
West Cancer Foundation provides free cancer-related resources, including transportation to and
from appointments, mental health services, and breast and prostate cancer screenings. In July alone,
the foundation provided approximately 1,000 rides across Shelby, DeSoto, and Crittenden counties,
valued at $30,000. Cancer affects many in our community, including family, friends, neighbors, and
coworkers. West Cancer Foundation is working to ensure Mid-South residents know these resources
are available to them. For more information, call 901-322-2984.
8. Microtransit Pilot Program – TDOT, Delta HRA, and MPO
Pragati Srivastava, MPO, and Greg Hartsfiel, Delta HRA, presented the proposed Microtransit Pilot
Program and answered questions from the Board of Mayor & Aldermen.
The on-demand service would provide ADA-compliant public transportation within Millington’s
municipal boundaries for residents, visitors, employees, and the general public. Service would
operate Monday through Friday, 6:00am to 6:00pm, at a cost of $2.00 per one-way trip.

9. Education and Recreation Update – Director Amy Collier
In Q1 (Jul – Sep 2026), Millington Parks & Recreation offered 21 programs, welcomed nearly 7,000
visits to the Baker Community Center, and recorded more than 6,000 rounds of golf at Orgill Golf
Course. Several projects are currently underway, including the Oak Park Tennis Courts and Ed
Haley Gymnasium renovations. In 2027, residents can look forward to the Oak Park Senior Fitness
Area, Big Creek Nature Area, and Baseball Play + Tot Lot at the Sports Complex.
The Millington YMCA is celebrating 25 years of serving the community. The YMCA partners with
the City on fitness initiatives, including the recent Family Fitness Day and the upcoming Reindeer
Run. City of Millington employees receive free family memberships, a benefit that has also been
extended to Millington Municipal School District employees.
Important Dates to Save:
Veteran’s Ceremony at the Performing Arts Center – November 11th at 9:00 am
Harvest + Holly Market at the Baker Community Center – November 21st
Millington Christmas Parade – December 3rd
10. Public Comments
Sade Bradley spoke in support of the Microtransit Pilot Program. Calvin Boyd voiced concerns for
his property near the Big Creek Nature Area. Debra Sigee spoke about the upcoming election.
Jessica and John Gray expressed concerns with Planning and Code Enforcement.
Close Public Comments
Motion:
McGhee
Second:
Smith
Vote:
Unanimous consent to close
11. Consideration of Resolution 47-2026 Authorizing an Agreement with the Delta Human Resource
Agency for the Provision of On-Demand Public Transit Service within the City of Millington
Mr. Hartsfiel and City Manager Dakin answered questions posed by the Board. It was decided to
table the resolution and have a work session and called meeting within the next two weeks.
Motion to Table
Motion:
Ford
Second:
Huffman
Vote:
Yes – Bell, Ford, Perales, Lowry, Smith, Huffman
No - McGhee
12. Public Hearing – Ordinance 2026-15 Repealing Title 10, Animal Control, of the Millington
Municipal Code, and Adopting a Revised Title 10
No public comments.
Close Public Hearing
Motion:
Perales
Second:
Ford
Vote:
Unanimous consent to close
13. Consideration of Ordinance 2026-15, Repealing Title 10, Animal Control, of the Millington
Municipal Code, and Adopting a Revised Title 10 – Final Reading
Since first reading, microchipping has been changed from a requirement to a recommendation.
Spay/neuter requirements apply to dogs declared dangerous by a judge or routinely kept outdoors
without secure containment. Exceptions are provided for accidental escapes and medical conditions.
The ordinance also prohibits unlicensed, informal animal sales and giveaways in roadside and
parking lot settings. The City will partner with local veterinarians, animal shelters, and nonprofits to
promote responsible pet ownership through affordable spay/neuter and microchipping services.
Mr. Smith clarified that spay/neuter requirements apply when an owner is cited to court for
inadequate confinement or repeated escapes and a judge declares the dog dangerous.
Approve Ordinance 2026-15
Motion:
Huffman
Second:
Lowry
Vote:
Unanimous vote to approve

14. Public Hearing - Ordinance 2026-17 Amending the FY27 Budget for the Millington Municipal
Schools
Debra Sigee questioned the budget amendments and current academic performance.
Close Public Hearing
Motion:
McGhee
Second:
Lowry
Vote:
Unanimous consent to close
15. Consideration of Ordinance 2026-17 Amending the FY27 Budget for the Millington Municipal
Schools – Final Reading
There were no changes since first reading.
The Board and Superintendent Griffin discussed the budget amendments, general and capital fund
balances, interest-bearing savings accounts, staffing, and academic performance.
Approve Ordinance 2026-17
Motion:
McGhee
Second:
Lowry
Vote:
Unanimous vote to approve
16. Consideration of Ordinance 2026-18 Amending Title 15, Motor Vehicles, Traffic and Parking,
Chapter 7, Enforcement, of the Millington Municipal Code – First Reading
This ordinance updates Police Department procedures and requirements for impounding vehicles
that obstruct traffic, are illegally parked or abandoned, or pose a hazard to traffic. Daily
impoundment and storage fees will be established by resolution.
Approve Resolution 36-2026
Motion:
Smith
Second:
Perales
Vote:
Unanimous vote to approve
17. Consideration of Resolution 40-2026 Requesting that the Tennessee General Assembly Protect
Domestic Abuse Victims by Amending Existing Tennessee Expunction Law to Provide Judges the
Discretion to Delay Expunction for One (1) year of Certain Dismissed Domestic Abuse Cases
In collaboration with Shelby County’s suburban municipalities, the Board urges the Tennessee
General Assembly to amend TCA § 40-32-106 to allow judges to delay expunction of dismissed
domestic abuse cases for up to one (1) year when dismissed for lack of prosecution. While the City
cannot amend state law, it supports this change to help protect victims of domestic abuse.
Approve Resolution 40-2026
Motion:
Smith
Second:
Huffman
Vote:
Unanimous consent to approve
18. Consideration of Resolution 41-2026 Approving the Purchase of a Replacement Quint Aerial
Apparatus for the Millington Fire Department
A substitute resolution was submitted. This resolution approves the order and purchase of a
replacement truck at an estimated cost of $1.8 million, with delivery expected in 18-24 months.
Financing will be determined at a later date.
In response to Ms. Huffman, Ms. Findley confirmed the purchase is included in the capital plan
beginning in FY28. Chief Franks explained that the current Truck 332 is approximately 21 years old
and has required about $125,000 in repairs over the past 5 years.
Approve Resolution 41-2026
Motion:
McGhee
Second:
Ford
Vote:
Unanimous consent to approve
19. Consideration of Resolution 42-2026 Approving an Agreement with Insituform Technologies, LLC
for the 2026 Sanitary Sewer System Rehabilitation Project
Insituform Technologies will work to replace sewer lines, including cured-in-place pipe (CIPP) lining
and related improvements.
Approve Resolution 42-2026
Motion:
Huffman
Second:
Lowry
Vote:
Unanimous consent to approve

20. Consideration of Resolution 43-2026 Authorizing the Purchase of Real Property and Improvements
Located at 7898 Raleigh Millington Road for the Lone Sailor Monument
Groundbreaking for the monument is Tuesday, October 13, 2026, at 10:00am.
Approve Resolution 43-2026
Motion:
McGhee
Second:
Perales
Vote:
Unanimous consent to approve
21. Consideration of Resolution 44-2026 Instituting a Six-Month Moratorium on Non-Grid Power
Generation, Accessory Computing and Industrial Scale Facilities
This moratorium temporarily halts new applications for non-grid power generation, accessory
computing, and industrial scale facilities, most commonly known as data centers. It will allow the
Planning Department time to research these developments and prepare proposed regulations for
review by the Planning Commission and BMA. No applications are currently pending; the
moratorium is a proactive measure to ensure appropriate regulations are in place.
Ms. Huffman noted that this moratorium is similar to previous moratoriums on vape shops, gas
stations/convenience stores, and solar farms, which allowed time to amend the Zoning and Land Use
Control ordinance.
Approve Resolution 44-2026
Motion:
Lowry
Second:
Huffman
Vote:
Unanimous consent to approve
22. Consideration of Resolution 45-2026 Approving Appointment of Mike Diaz to the Millington
Industrial Development Board
Approve Resolution 45-2026
Motion:
Lowry
Second:
Smith
Vote:
Unanimous consent to approve
23. Consideration of Resolution 46-2026 Approving a Memorandum of Understanding Between the City
of Millington and Shelby County, Tennessee, for the Veterans Service Office at Baker Community
Center
This MOU continues collaboration to provide social and human services to Shelby County residents,
including services through the Veterans Service Office (VSO). The VSO is expected to operate at
Baker Community Center on Tuesdays & Thursdays, from 8:30am – 4:30pm.
Mr. Perales shared his positive experience with the VSO at Baker, praised her assistance, and
encouraged all veterans to use the services.
Approve Resolution 46-2026
Motion:
Perales
Second:
McGhee
Vote:
Unanimous consent to approve
24. Consideration of Resolution 48-2026 Confirming Joe Oakley As Police Chief
Chief Oakley brings more than 36 years of law-enforcement experience with the Memphis Police
Department, most recently serving as Deputy Chief of Information Technology. His career has been
marked with strong community engagement through youth sports, faith-based outreach, and
partnerships with neighborhood watch groups.
Chief Oakley expressed this thanks to the BMA for this opportunity, and he is looking forward to
working with the men and women of the Millington Police Department to keep Millington safe. He
also wanted to thank his family for being in attendance and supporting him in this new opportunity.
Approve Resolution 48-2026
Motion:
McGhee
Second:
Smith
Vote:
Unanimous consent to approve
Board Reports
Ms. Huffman announced the Planning Commission will meet Monday, October 19, at 6:00pm in City
Hall. She also announced the ribbon cuttings for Academy Sports + Outdoors on Friday, October 16, at
10am, and the VA Community Outpatient Clinic on Friday, October 16, at 12pm.
Mr. Ford reported that Millington Municipal Schools will be on Fall Break October 12 – 16. The Annual
Board of Education & Board of Mayor and Aldermen meeting is scheduled for Saturday, October 17, at
8:00am.

Mr. Perales reminded everyone of the Lone Sailor Monument groundbreaking on Tuesday, October 13,
at 10:00am, at the intersection of Navy Road & Easley.
Mr. McGhee shared that the Tennessee College of Applied Technology (TCAT) Aviation Campus
groundbreaking is on Wednesday, October 21, at 11:00am on Veterans Parkway. American Legion Day
at Orgill Golf Course is Saturday, October 17.
Mr. Lowry announced that the IDB has closed on the TCAT property and continues to work with the
relocation of Most Dependable Fountains.
Mr. Smith shared that the Millington Housing Authority’s roof replacement project, originally planned for
10 properties, has expanded to 24 properties due to favorable pricing.
Adjourn
There being no further business, the meeting was adjourned at 7:50 pm.
These minutes are approved as of the 9th day of November, 2026.

Larry Dagen, Mayor

Karen Findley, City Clerk

CITY OF MILLINGTON BOARD OF MAYOR AND ALDERMEN
MINUTES OF CALLED MEETING
October 22, 2026
The Board of Mayor and Aldermen held a work session prior to the called meeting to discuss the
proposed Microtransit Pilot Program within the City of Millington.
Call to Order, Prayer, and Pledge of Allegiance
The Board of Mayor and Aldermen of the City of Millington, Tennessee, convened in called session in
Millington City Hall Chambers on Monday, October 22, 2026. The meeting was called to order at 6:00
p.m. by Mayor Larry Dagen. Alderman McGhee delivered the opening prayer, followed by the recitation
of the Pledge of Allegiance by all in attendance.
Roll Call and Quorum Determination
The following Board members were present:
Mayor Larry Dagen
Bethany Huffman
Al Bell
Chris Ford
John Perales
Thomas McGhee
Don Lowry
Gavin Smith
A quorum being present, the following proceedings were held:
4. Public Comments
Willis DeClue expressed concerns about the microtransit service’s access to NSA Mid-South. Pastor
Amanda Hartmann-Westmoreland spoke in support of the service, while Ms. Sneed expressed
support but noted areas of concern that need to be addressed. Chris Everitt waived his speaking time.
Close Public Comments
Motion:
Smith
Second:
Lowry
Vote:
Unanimous consent to close
5. Consideration of Resolution 47-2026 Authorizing an Agreement with the Delta Human Resource
Agency for the Provision of On-Demand Public Transit Service within the City of Millington
This proposed service would provide public transportation within Millington city limits for individuals
ages 16 and older, Monday – Friday, 6:00am – 6:00pm. Riders could schedule trips in advance or
request same-day service. Fares would be $2 one-way, or $4 round trip. Delta HRA would provide
the vehicles, drivers, dispatch, maintenance, full insurance liability, and daily operations.
Mr. Lowry acknowledged that this project was fast-tracked and there are some issues which will need
to be addressed. However, he emphasized that transportation is a major concern for many residents,
and this pilot program offers a solution to a significant community need. Ms. Huffman thanked Delta
HRA, TDOT, and MPO for brining this opportunity to Millington. She recognized that this is a pilot
program and the first of its kind in West Tennessee, and expressed hope that NSA Mid-South access
concerns would be addressed. Mr. Perales shared positive feedback from citizens, while Mr. McGhee
encouraged moving forward as discussions with NSA Mid-South continue. Mr. Smith and City
Attorney Lawson confirmed that the contract has been thoroughly reviewed, potential liability had
been mitigated as much as possible, and they were comfortable moving forward with the agreement.
Approve Resolution 47-2026
Motion:
McGhee
Second:
Lowry
Vote:
Unanimous consent to approve
Adjourn
There being no further business, the meeting was adjourned at 6:15 pm.
These minutes are approved as of the 9th day of November, 2026.

Larry Dagen, Mayor

Karen Findley, City Clerk

ORDINANCE 2026-18
ORDINANCE TO AMEND TITLE 15, MOTOR VEHICLES, TRAFFIC AND PARKING,
CHAPTER 7, ENFORCEMENT, OF THE MILLINGTON MUNICIPAL CODE
WHEREAS, the City of Millington has adopted regulations governing motor vehicles,
traffic and parking within the City; and
WHEREAS, Title 15, Chapter 7 of the Millington Municipal Code provides for the
enforcement of such regulations, including the impoundment of vehicles; and
WHEREAS, the Board of Mayor and Aldermen has determined that Section 15-704
should be updated to provide current procedures and requirements relating to the impoundment
of vehicles.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF MAYOR AND
ALDERMEN OF THE CITY OF MILLINGTON, TENNESSEE, that Section 15-704,
Impoundment of Vehicles, is deleted in its entirety and replaced with the following:
15-704. – Impoundment or Seizure of Vehicles.
Members of the police department are hereby authorized, when reasonably necessary for
the security of the vehicle or to prevent obstruction of traffic, to remove from the streets
and impound any vehicle whose operator is arrested or any vehicle which is illegally
parked, apparently abandoned, or otherwise parked so as to constitute an obstruction or
hazard to normal traffic.
Such an impounded vehicle shall be stored until the owner or other person entitled thereto
claims it, gives satisfactory evidence of ownership or right to possession, and pays all
applicable fees and costs.
A one-time impoundment fee and a daily storage fee for each twenty-four-hour period shall
be charged at rates established by resolution of the Board of Mayor and Aldermen. Such
rates may be amended from time to time by resolution.
Impoundment and storage fees may be waived under certain circumstances, including,
but not limited to, vehicles held in connection with an ongoing law enforcement
investigation or vehicles impounded as a result of an accident. The Chief of Police or
their designee shall have the authority to determine when such fees may be waived.
BE IT FURTHER ORDAINED that this ordinance shall take effect upon its second and
final passage, the public welfare requiring it.
Public Hearing:
First Reading:
Final Reading:

November 9, 2026
October 12, 2026
November 9, 2026

Larry Dagen, Mayor

Karen Findley, City Clerk

RESOLUTION 49-2026
RESOLUTION TO ESTABLISH IMPOUNDMENT AND STORAGE FEES FOR
VEHICLES PURSUANT TO SECTION 15-704 OF THE MILLINGTON MUNICIPAL
CODE
WHEREAS, the City of Millington has adopted regulations governing the impoundment
and storage of vehicles under Title 15, Chapter 7 of the Millington Municipal Code; and
WHEREAS, Ordinance 2026-18 amended Section 15-704 to provide that impoundment
and storage fees shall be established by resolution of the Board of Mayor and Aldermen; and
WHEREAS, the Board of Mayor and Aldermen desires to establish fees for the
impoundment and storage of vehicles.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND
ALDERMEN OF THE CITY OF MILLINGTON, TENNESSEE, that the following fees are
hereby established pursuant to Section 15-704 of the Millington Municipal Code:
Impoundment/Towing Fee: $375.00 per vehicle, assessed as a one-time fee.
Storage Fee: $40.00 per vehicle for each twenty-four-hour period the vehicle remains in
storage.
BE IT FURTHER RESOLVED that impoundment and storage fees may be waived in
accordance with the provisions of Section 15-704 of the Millington Municipal Code.
This Resolution is adopted as of the 14th day of September, 2026.

____________________________
Larry Dagen, Mayor

____________________________
Karen Findley, City Clerk

RESOLUTION 50-2026
RESOLUTION ACCEPTING TENNESSEE HIGHWAY SAFETY OFFICE GRANT
WHEREAS, the Tennessee Highway Safety Office (THSO), a division of the Tennessee
Department of Safety and Homeland Security, partners with local law enforcement agencies to
reduce fatalities, injuries, and related economic losses resulting from traffic crashes on Tennessee
roadways; and
WHEREAS, local law enforcement agencies are eligible to apply for and receive annual
grants from the THSO to support traffic safety and enforcement initiatives; and
WHEREAS, the Millington Police Department has applied for and received a grant in the
amount of $5,000.00, which will be designated for traffic and law enforcement overtime.
NOW, THEREFORE, BE IT RESOLVED by the Board of Mayor and Aldermen of the
City of Millington, Tennessee that the grant in the amount of $5,000.00 be accepted.
BE IT FURTHER RESOLVED, that the Mayor may sign any and all documents necessary
to accept the Highway Safety Office Grant.
This Resolution is adopted this 9th day of November, 2026.

Larry Dagen, Mayor

Karen Findley, City Clerk

RESOLUTION 51-2026
RESOLUTION APPROVING DEVELOPMENT AGREEMENT
WITH MOST DEPENDABLE FOUNTAINS, INC.
WHEREAS, Most Dependable Fountains, Inc. is the owner and developer of a tract of
land zoned M-2, General Industrial, containing approximately 10.0 acres, and desires to improve
and develop the site being known as Lot 8 of the subdivision known as Final Plat of Lot 8 and 9,
First Revision, Resub division of the 109-acre Tract Owned by the Industrial Development
Board of the City of Millington, TN; and;
WHEREAS, The Millington Planning Commission approved the Site and Engineering
Plans on March 16th, 2026; and;
WHEREAS, The bond amount for the public improvements is set at $114,017.00.
NOW, THEREFORE, BE IT RESOLVED by the Board of Mayor and Aldermen of the
City of Millington, Tennessee, that the Development Agreement with Most Dependable
Fountains, Inc. is approved.
BE IT FURTHER RESOLVED, That the Mayor may sign the aforementioned
agreement.
This Resolution is adopted as of the 9th day of November, 2026.

______________________________
Larry Dagen, Mayor

_______________________________
Karen Findley, City Clerk

CITY OF MILLINGTON
NON-RESIDENTIAL DEVELOPMENT AGREEMENT
THIS NON-RESIDENTIAL DEVELOPMENT AGREEMENT (hereinafter the "Agreement"), is made and
entered into this ____ day of __________, 2026, by and between the City of Millington, Shelby County,
Tennessee, (hereinafter the "City"), and Most Dependable Fountains, Inc., (hereinafter the “Developer”):
WITNESSETH
WHEREAS,

the Developer is the owner1 of a tract of land zoned M-2, General Industrial, which contains
approximately 10.0 acres (the “Site”) and desires to improve and develop the Site known
as Lot 8 of a subdivision known as Final Plat of Lot 8 and 9, First Revision, Resubdivision
of the 109-acre Tract Owned by the Industrial Development Board of the City if Millington,
Tennessee (the “Subdivision”2); and;

WHEREAS,

the Millington Planning Commission (hereinafter “Planning Commission”) has approved the
Site and Engineering Plans of the Developer with respect to the site on March 16, 2026,
pursuant to Tennessee Code Annotated, Section 13-4-301 et seq., and;

WHEREAS,

the Developer is required to install with respect to the Site and Engineering Plans, in
conformance with the Subdivision Regulations and as provided herein, certain Public
Improvements, including, but not limited to, water lines, fire hydrants, sanitary sewer lines,
grading, stormwater drainage system, streets, curbs, gutters, electrical power and gas
utilities in said project at its own cost, and;

WHEREAS,

the Developer may be required, pursuant to its application and Planning Commission
approval and, as applicable Planning Commission/Design Review Committee approval, to
install Private Improvements and amenities, including, but not limited to, private streets and
alleys, fences, walls, lakes, swimming pools, tennis courts and other recreational facilities,
common open space amenities, stormwater retention and/or detention basins, landscaping
and related irrigation systems, relative to said Site Plan, none of which shall be accepted
for maintenance by the City; and,

WHEREAS,

the City is willing to enter into this Agreement with the Developer relative to the
development of the Site, and the City is willing to provide services to the Site in accordance
with the City’s standard policies and applicable rates; and,

WHEREAS,

the City is willing to approve the Site improvements upon completion of construction,
subject to the applicant’s compliance with applicable existing laws, ordinances, and
regulations and the conditions set forth herein;

NOW, THEREFORE, in consideration for the mutual promises herein contained, and other consideration
herein recited the parties do hereby agree as follows:
1 If the Developer is not the owner of the Subdivision Site but has permission from the owner to develop

same, the owner will be required to join herein and all obligations imposed upon the Developer hereunder
shall be the joint and several obligations of the Developer and the owner.
2 The project contemplated hereunder may be developed under the ordinances and regulations of the City

relative to Planned Developments. In such event, terms used herein to refer to subdivision shall be read
so as to apply to such Planned Development.

1

1.0

DEFINITIONS
1.1

Administrative Guidelines: Collectively include the following codes and standards:
(a) The standards of the American Society for Testing Materials (ASTM);
(b) The requirements of the Occupational Safety and Health Administration (OSHA);
(c) The requirements of the Federal Americans with Disabilities Act (ADA);
(d) The Standard Specifications for Road and Bridge Construction of the Tennessee
Department of Transportation; and
(e) The Standards of the American National Standards Institute (ANSI);
References herein to the Codes are to those in effect on the Effective Date unless
amendments are hereafter made which apply to all improvements or subdivisions
regardless of their date of commencement and/or completion of construction.
Codes: Collectively include the following ordinance, regulations and standards:
(a) Millington Zoning and Subdivision Regulations;
(b) Standards and specifications contained in “Local Public Works Standard, and
Specifications”, as amended to include specific requirements for construction in Millington,
TN;
(c) the International Building Code (as adopted by Shelby County Code Enforcement);
(d) the International Building Code Fire Code; and
(e) any and all other applicable Ordinances of the City of Millington and Shelby County.
References herein to the Codes are to those in effect on the Effective Date unless
amendments are hereafter made which apply to all improvements or subdivisions
regardless of their date of commencement and/or completion of construction.

1.2

Conditions of Approval: are those conditions imposed upon the Developer and/or the Site by
the City of Millington by and through the Board of Mayor and Alderman, Planning
Commission, Board of Zoning Appeals, Planning Commission/Design Review Committee
and or any other applicable Board, Committee or Commission of the City of Millington. These
conditions are listed in Exhibit “A”, attached hereto.

1.3

Effective Date: is the date that this agreement is entered into by and between the parties
hereto as demonstrated by their execution of this Contract.

1.4

Final Site Acceptance: shall occur after all required Public and Private improvements have
been completed by the Developer, to the satisfaction of the City Engineer, City Planner, City
Recorder, and the City Inspector.

1.5

Final Plat Approval: is the approval of the Final Plat by the Millington Planning Commission
for a subdivision before a plat is recorded.

1.6

Initial Acceptance: shall occur at the point in time when the Developer has completed all
required Public Improvements and Private Improvements as required by the City and
specified in Exhibit “A”, to the Site, and all required Public Improvements off site, relative to
the Site, including the final surface asphalt course of off-site Public Improvements, and same
have been inspected, tested and approved in writing by all of the following: City Engineer,
City Planner, City Recorder, and the City Inspector. No building permits shall be issued prior
to Initial Acceptance. Initial Acceptance shall not occur until such time as as-built plans (as
per Section 4.11) shall be submitted by the Developer and inspected by the City Engineer.
Initial Acceptance shall not occur until such time as payment of street lighting pursuant to
Section 4.4 has been made in full to the City, if applicable.

1.7

Lot: A single fraction or part of the Subdivision as shown by the plat or survey of the

2

Subdivision Site.
1.8

Payment-in-Lieu of Construction: is a payment with the approval of the Planning Commission
for future construction of those Public Improvements required of the Developer by the City
and/or the Planning Commission. This payment shall be non-refundable to the Developer, its
agents, or assigns, and there shall be no requirement of the City that said improvements
shall be made in a specific period of time. The improvements shall be specified by the City
Engineer and attached to this Agreement, if applicable, as an Exhibit “B.”

1.9

Private Improvements: includes all specific improvements to be constructed, such as, but not
limited to brick walls, landscaping, fencing, lighting, etc., as required by the City relative to
the Subdivision, and which are not Public Improvements.

1.10 Public Improvements: those improvements to be constructed relative to the Site Plan that are
to be dedicated to the City and accepted for perpetual maintenance by the City.
1.11 Security: a Bond or Letter of Credit issued by a bank or bonding company qualified to do
business in the State of Tennessee, to the Developer, naming the City of Millington as
beneficiary, and securing the completion of all Public Improvements. Said bond or letter of
credit shall have an expiration date of one (1) year from issuance but shall automatically
renew for successive one (1) year periods and is callable upon a local branch (as per Section
7.8) of the issuing bank or bonding company. In accordance with Section 7.0 cash or Certified
Check are adequate security acceptable to the City. All provisions of Section 7.0 are made
by reference herein as if incorporated and recited here in full.
1.12 Subdivision Site: those parcels or tracts of land upon which the Developer intends to develop
the Site. The Subdivision Site shall include all portions of the parcels or tracts of land shown
on the plat, whether any construction activities will take place upon the same or not.
1.13 Site Plans: are those documents and plans submitted to the City in conjunction with an
application for subdivision Site Plan approval.
1.14 Warranty Period: for public improvements shall run for one (1) year from the Final
Acceptance by the City. During the this Warranty Period the Developer is responsible for the
maintenance and repair of any and all defects and failures of those Public Improvements
constructed by the Developer or his agent. Prior to the expiration of the Warranty Period and
before the Security will be released by the City, a punch list of items to be repaired or replaced
will be given to the Developer by the City and those items shall be completed to the
satisfaction of the City Engineer, City Planner, City Recorder, and the City Inspector.
2.0

OWNERSHIP
2.1

The Developer agrees it shall have no claim, direct or implied, in the title or ownership of the
improvements specified in this Agreement that are to be dedicated to the City and accepted
for perpetual maintenance by the City, those being the Public Improvements. The City, upon
Initial Acceptance, will take full title to the Public Improvements. Maintenance responsibilities
of the Developer prior to and after Final Acceptance are provided for hereinafter.

2.2

Until Initial Acceptance, the Developer agrees that neither the Site nor any portion thereof
will be transferred without first providing the City with notice of when the proposed transfer is
to occur and who the proposed transferee is, along with the appropriate address and
telephone number of the proposed transferee.

3

3.0

2.3

If it is the proposed transferee’s intention to develop the Site or any portion thereof in
accordance with this Agreement, the Developer agrees to furnish the City with an assumption
agreement by which the transferee agrees to perform the obligations required under this
Agreement that are applicable to the property to be acquired by the transferee. Unless
otherwise agreed by the City, the Developer will not be released from any of its obligations
hereunder by virtue of such transfer and the Developer and the transferee both shall be jointly
and severally liable to the City following such transfer for all obligations hereunder that are
applicable to the property transferred. Said assumption agreement will be subject to the
approval of the City Attorney.

2.4

If the Developer and the transferee intend to enter into an assumption agreement whereby
the Developer is released from its obligations under this Agreement, the Developer must
present the assumption agreement to the City for consideration and possible approval by the
Board of Mayor and Aldermen. In the event of such approval, the transferee will be required
to furnish new Security acceptable to the City.

GENERAL CONDITIONS
3.1

4.0

Construction Standards: The Developer shall construct the improvements in accordance
with the Site Plan, as approved by the Planning Commission, and if applicable, the
requirements of the Planning Commission/Design Review Committee, and in accordance
with the requirements of (a) the Millington Subdivision Regulations; (b) standards and
specifications contained in “Local Public Works Standard, and Specifications”, as amended
to include specific requirements for construction in Millington, TN; (c) the Building Code (as
adopted by Shelby County); (d) the Fire Code (as adopted by Shelby County); (e) the
Millington Zoning Ordinance; and (f) the applicable Ordinances of the City. Items (a) through
(f) are hereby made a part of this Agreement by reference and are hereinafter referred to
collectively as the “Codes”. References herein to the Codes are to those in effect on the
Effective Date unless amendments are hereafter made which apply to all improvements or
subdivisions regardless of their date of commencement and/or completion of construction.
The Conditions of Approval established by the Planning Commission, and, as applicable, the
Planning Commission/Design Review Committee (any or all of which as may have been
modified by the Board of Mayor and Aldermen) are set forth in Exhibit “A” to this Agreement
and are incorporated herein by reference and made a part hereof.

PUBLIC IMPROVEMENTS
4.1

General Requirements
4.1.1

Construction of required Public Improvements shall meet standards and
specifications contained in the "Local Government Public Works Standards, and
Specifications," as amended to include specific requirements for construction in
Millington Tennessee.

4.1.2

The construction of all required Public Improvements by the Developer, including,
but not limited to, curbs and gutters, street subgrade preparation, temporary
surface course, wearing surface, storm drainage, sidewalks as required, water
service, utility service, sanitary sewer service, street lighting and other related
items shall be undertaken and completed by the Developer in accordance with
Subdivision Regulations and other specifications of the City, all of which are
incorporated by reference herein, said Public Improvements requiring approval
and acceptance by the City.

4

4.2

4.1.3

All drainage, including but not limited to, detention ponds, ditch paving, bank
protection, and fencing adjacent to open ditches made necessary by the
development is to be constructed by the Developer and at the Developer's sole
expense, on a schedule and according to plans and specifications approved by the
engineer appointed by the City to advise the City regarding the construction of the
improvements (the "City Engineer"). (See Section 4.8).

4.1.4

The Developer shall provide necessary erosion control, including but not limited
to, seeding for gentle slopes and grass sod for steeper slopes with special grading
and terracing as necessary, to the specifications of the City Engineer.

4.1.5

All sidewalks shall be handicap accessible in accordance with ADA requirements
and applicable Codes.

Streets
4.2.1

The Developer agrees to dedicate and improve and/or construct, at no cost to the
City, all public and/or private streets located within or required by this project to
comply with the road standards of the City to the satisfaction and approval of the
City Engineer, subject, however, if applicable, to the provisions of subparagraph
4.2.2 immediately below.

4.2.2

Upon the application by the Developer to the Planning Commission, the Planning
Commission has approved a Payment in-Lieu of Construction in the amount of
_______N/A___________ Dollars, ($___N/A____) for those improvements set
forth in Exhibit “B” attached hereto.

4.2.3

The Developer shall bear the cost of all engineering, inspection and laboratory
costs procured by the Developer incidental to the construction of street(s) to be
constructed or improved pursuant to this Agreement, including, but not limited to,
material and density testing; and, if the City deems it necessary to have additional
work of such nature performed, the Developer shall bear such costs also.

4.2.4

The Developer shall furnish and install asphalt base and a final asphalt surface
course (wearing surface) on all streets, public and private, as required hereunder
in accordance with the City specifications.

4.2.5

It is agreed and understood that if it is not necessary to change the existing grade,
alignment or disturb the pavement of an existing street or road, the Developer shall
only be required to construct drainage, sub–base, base and pavement to match
the existing pavement and construct sidewalks, curb and gutter as required. If the
existing grade and/or alignment is changed, the Developer shall be required to
grade, prepare sub-base, base and pave the full width of said street or road.

4.2.6

Street Temporary Surface Course: The Developer shall be responsible for street
subsurface preparation ("Temporary Surface Course") and, in addition to the
detailed specifications, the following requirements, subject to approval by the City,
shall apply:
TYPE OF TEMPORARY SURFACE COURSE (Residential Streets with 50’ of
Right of Way)
(1)

8" Compacted Gravel Base................. 2" Black Base Asphalt

5

(2)

8" Soil Cement Base as designed........ 2" Black Base Asphalt
by an accepted soils laboratory
testing firm and under direct
approval by the City Engineer.

TYPE OF TEMPORARY SURFACE COURSE (All Other Streets with more than
50’ of Right of Way)
(1)

10" Compacted Gravel Base................. 3" Black Base Asphalt

(2)

10" Soil Cement Base as designed........ 3" Black Base Asphalt
by an accepted soils laboratory
testing firm and under direct
approval by the City Engineer.

Completion of the Temporary Surface Course in all phases shall be required prior
to initial acceptance.
4.2.7

Street Wearing Surface: Developer shall furnish and install a final asphalt surface
course (hereinafter "Wearing Surface") as indicated below in accordance with the
City's Subdivision Regulations.
THICKNESS OF WEARING SURFACE (Residential Streets with 50’ of Right of
Way)
(1)

1-½" Wearing Surface

THICKNESS OF WEARING SURFACE (All Other Streets with more than 50’ of
Right of Way)
(1)

2" Wearing Surface

4.2.8

Wearing Surfaces shall not be completed earlier than one (1) calendar year after
Initial Acceptance of the public improvements, except as allowed under Paragraph
4.2.9 below.

4.2.9

The Developer may request administrative approval to install the Wearing Surface
earlier than one (1) calendar year after Initial Acceptance, if all other public and
private improvements are complete. Each such request must be specifically
approved in writing by all of the following: City Engineer, City Planner, City
Recorder and the City Inspector.

4.2.10 The Developer shall adjust manholes and water valve boxes to meet proposed
finished surface elevations prior to application of the Wearing Surface at the sole
expense of the Developer.
4.2.11 The City specifically reserves the right to require the Developer to repair the base
and/or binder course as necessary and in such areas that are recommended by
the City Engineer or Public Works Department, prior to application of final Wearing
Surface.
4.3

Electricity

6

4.3.1

The Developer shall provide electrical service to each commercial Lot at his sole
expense. All electrical lines from the service poles to the buildings are to be
underground with transformer boxes located at the building line or rear property
line.
The Developer shall provide a copy of the utility plans approved by Memphis
Light Gas & Water to the City Engineer prior to construction.

4.4

4.5

Street Lighting
4.4.1

The Developer shall provide street lights for the public improvements at his sole
expense, if applicable. The type of lighting standard, pole spacing and installation
shall be per Memphis Light, Gas and Water standards. Memphis Light Gas and
Water shall bill the City for installation of street lighting per its standards.

4.4.2

The Developer agrees to pay to the City the estimated cost of the installation of
street lighting associated with the public improvements. The City shall thereafter
bill Developer the actual amount charged to it by Memphis Light Gas and Water
for the installation of the required street lighting. Developer shall make payment
to City within 30 days of billing. City may withhold all other approvals and/or
permits within the Subdivision until such payment is made by Developer.

Telephone and Cablevision
4.5.1

4.6

Telephone and Cablevision pedestals shall be located in rear yards only.

Water Service
4.6.1

The Developer shall construct the water lines in and serving the Site and pay the
City for all meters and make connection of all meters to City water system.

4.6.2

The Developer shall pay the cost of water main and accessories to serve the Site
from a point to be approved by the Planning Commission and the City Engineer.
The Developer will also pay for the water mains and accessories, including service
lines, accessories from the main to the meter and all meters.

4.6.3

The Developer shall pay the cost of all engineering, inspection and laboratory cost
relating to the water service system in or to the Subdivision, including but not
limited to inspection and approval by the Tennessee Department of Public Health.
The Developer shall provide the City with copies of comments and certificates from
said Department.

4.6.4

If required by the City, the Developer shall install fire hydrants in accordance with
the type of service appropriate, the type and location as approved by the Planning
Commission with recommendation from the City’s Fire Chief and the City Engineer.

4.6.5

Water Connection Fee:
$500.00 for each domestic and irrigation connection plus the cost of the meter
$500 for a fire protection connection

4.6.6

Water Development Charge:
For all connections made to the main water lines or any lateral lines, the water
development charge shall be the greater of $3,000.00 per total acre of the Site or

7

$1,500.00 per connection.
4.7

Sewer Service
4.7.1

The Developer (including any partnership of Developers), at its sole expense, shall
develop and construct the sewer extensions, mains and laterals as necessary to
service the new development(s) and the increased capacity resulting therefrom.

4.7.2

The Developer shall also be responsible and pay for the reasonable expense
incurred by the City towards development of the developer’s sewer extension and
negotiations of this agreement including but not limited to attorney fees and
condemnation cost and expenses.

4.7.3

The design, route and specifications of said extensions, mains and laterals shall
be approved in writing by the City Engineer.

4.7.4

The Developer shall not attach said sewer extension and/or main to the City’s
interceptor sewer system, (including pump stations and/or sewage plant) without
the written authority or permission of the Public Works Department to do so. This
agreement shall not be construed or interpreted in any way whatsoever as the
granting of the authority or permission to attach to, “tie in” and/or “hook on” to the
City’s interceptor sewer system without the express written authorization of the
Public Works Department to do so.

4.7.5

The sewage system improvements required for the Subdivision, complete with
necessary pump stations, force mains and manholes, shall be approved by the
State of Tennessee Department of Environment and Conservation.

4.7.6

The Developer shall provide all sewer mains and manholes as provided for in the
Subdivision Plans and specifications.

4.7.7

The Developer shall provide all sewer laterals from the sewer main to the front
property line of each Lot as approved by the City Engineer and provided for in the
Site Plans and specifications, including, but not limited to connection to the main
and service pipe with plug. The utility trench created across any existing streets
shall be backfilled full depth with flowable concrete fill along with asphalt service
equal to the existing pavement section, or as directed by the Public Works
Department.

4.7.8

The Developer shall pay the cost of all engineering, inspection and laboratory
testing incidental to the sewer service in or to the Site.

4.7.9

The building permits for the Site shall be withheld until the above stipulations are
met in their entirety.

4.7.10 Sewer Connection Fee:
For all connections made to the main sewer line or any lateral lines, whether for
residential, industrial, multi-dwelling or commercial use, the sewer development
charge shall be $ 500.00 per connection.
4.7.11 Sewer Development Charge:
For all connections made to the main sewer line or any lateral lines, whether for
residential, industrial, multi-dwelling or commercial use, the sewer development

8

charge shall be the greater of three thousand dollars ($3,000.00) per total acre of
the Site or one thousand five hundred dollars ($1,500.00) per connection.
4.8

Drainage Design
4.8.1

The Developer shall provide a drainage system which will not increase, alter or
affect the flow of surface waters, nor contribute to same, so as to damage, flood
or adversely affect any property, either upstream or downstream of the Site. The
Developer shall also provide to the City the formal written opinion of a certified and
licensed professional engineer certifying, as a professional engineer, that he has
reviewed the entire watershed within which the subdivision is located and that upon
full development at the greatest allowable use density, under existing zoning of all
land within the watershed, the Site development will not increase, alter or affect
the flow of surface waters, nor contribute to same, so as to damage, flood or
adversely affect any property, either upstream or downstream of the Site. Further,
the Developer agrees to hold harmless and to defend the City and the City
Engineer from any claim, cause of action or liability, alleged and/or proven, to have
arisen directly or indirectly from alteration affecting the surface water by reason of
the Developer’s design, construction, installation or the development itself, in
whole or part. The aforesaid indemnity agreement includes, without limitation, the
reasonable expenses of the City incurred in defending itself against any matter
covered by such indemnity agreement, including attorney fees and expenses of
litigation.

4.8.2

The Developer agrees that it will provide necessary erosion control, such as
seeding for gentle slopes (4 to 1 or less), grass sod for steeper slopes, with special
grading and terracing, to the specifications of the City Engineer. All freshly
excavated and embankment areas not covered with satisfactory vegetation shall
be fertilized, mulched and seeded and/or sodded as required by the City Engineer
to prevent erosion. In the event the City Engineer determines that necessary
erosion control is not being provided by the Developer, the proper governing
authority shall officially notify the Developer of the problem. If the Developer has
not corrected the problem within 7 days after the notice, then the proper governing
authority shall make the necessary improvement to eliminate the erosion problem,
documenting all expenses incurred while performing the work. Prior to releasing
any Security hereunder, all expenses incurred by the governing authority relative
to the foregoing shall be paid in full by the Developer plus interest thereon at the
rate of ten percent (10%) per annum.

4.8.3

Any and all unenclosed watercourses lying partially or wholly within the boundary
of the Site shall be constructed to an adequate cross section to provide design flow
without threat of erosion or flooding of any property within the Subdivision Site or
any adjoining property. Such water courses shall be lined in a manner satisfactory
to the City Engineer and any other agencies which may have jurisdiction.

4.8.4

All buildings in the Site will be constructed so as to be safe from flooding in the
event of a 100 year flood. As a minimum, the finished floor elevation of all buildings
shall be 1’ above the 100-year flood elevation as established by the Federal
Emergency Management Agency for the City of Millington.

4.8.5

The Developer understands and agrees that neither the City in its proprietary
function nor the City Engineer in the performance of his professional
responsibilities are vested with the original design responsibility or the means to

9

formally survey elevations or the locations of drainage improvements at every state
of the construction process, and that, therefore, the ultimate responsibility for
compliance with all Subdivision Regulations, approved plans and specifications
and Agreement provisions rests with the Developer.
4.8.6
4.9

The Developer shall pay the cost of all engineering, inspection, and laboratory
testing incident to the drainage system of the Site.

Preconstruction Conference
4.9.1

The Developer is required to meet with the City Staff prior to commencing
construction for a pre-construction conference. At that conference the execution
of the work, specifications, terms and conditions of the Agreement will be
discussed.

4.9.2

At the time of the Pre-Construction Conference, all development fees must be paid,
construction plans must be signed by the City Engineer, the sewer approval has
been granted by the State, the Stormwater Pollution Prevention Plan and Notice
of Intent must be filed with the State of Tennessee, and the required bond must be
posted.

4.10 Street Signage
4.10.1 The Developer agrees to install permanent street signposts and markers at all
street intersections and to install traffic control devices, signage and striping
relative to the Site Plan. The standards and specifications for public street
signposts and lettering can be obtained from the City Planner.
4.10.2 Location of street and traffic control signs to be installed shall be shown on the Site
Plan approved by the City Engineer. All traffic control devices, signage and striping
shall be installed as per the Manual on Uniform Traffic Control Devices and
approved by the City Engineer.
4.11 Release of Public Improvements
4.11.1 The Developer shall furnish to the City, as-built plans, on a reproducible, stable
media, immediately following the completion of the construction. The as-built plans
shall be endorsed by a Tennessee Registered Professional Engineer and or a
Registered Land Surveyor. The certification in Exhibit “D” shall be added to all
sheets of the plans. The as-built plans shall be submitted to the City before the
Initial Acceptance by the City. All aspects of the project that have been affected by
construction should be verified and appear on the as-built plans. This would
include, but is not limited to, the following items:
4.11.1.1
4.11.1.2
4.11.1.3
4.11.1.4
4.11.1.5
4.11.1.6

All property lines and easements.
Elevations (rim & invert) of storm drainage structures.
Elevations (rim & invert) of sanitary sewer manholes.
Horizontal location of all storm drain and sanitary sewer
structures with station and offsets tied to street centerlines.
For any streets with less than 1% longitudinal slope, provide asbuilt gutter elevations at 25’ intervals.
For areas of a subdivision which were filled to raise the property
above the 100-year flood elevation, an as-built topographic
survey shall be provided.

10

4.11.1.7

For all detention basins, an as-built topographic survey shall be
provided.

4.11.2 The Developer shall provide the City with a copy of the Final Site Plan documents
including sewer, water and drainage as-built drawings, using State Plane
Coordinate System with NAD–83 datum in DWG format prior to initial acceptance.
4.11.3 The Developer shall have no claim, direct, indirect or implied, to title or ownership
of the Public Improvements described in this Agreement from and after Initial
Acceptance.
4.11.4 The City, upon Initial Acceptance, shall take full and complete title to the Public
Improvements, provided however, the Developer shall be responsible for
maintenance, construction failures and defects in all Public and Private
Improvements through the Warranty Period. The Developer shall, at his sole
expense, correct and cure such defects and failures in the manner prescribed by
and to the satisfaction of the City or the City Engineer.
5.0

PRIVATE IMPROVEMENTS
5.1

All Private Improvements to be completed by the Developer shall be included on either the
Final Plat and/or the Conditions of Approval as set forth in Exhibit “A” attached hereto. All
Private Improvements shall be completed prior to Final Subdivision Acceptance or as
otherwise stated in Exhibit “A”.

5.2

All Private Improvements and their maintenance thereafter shall be the responsibility of the
Developer or his assigns. The Private Improvements shall only be made on property that
will NOT be dedicated to nor accepted by the City, but instead shall be owned by the
Developer, a lot owner and/or a Property Owner’s Association.

5.3

The Developer shall post Security in accordance with Section 7 for the value of the
construction of the Public Improvements. The City Engineer shall establish the amount of
the Security.

5.4

If the establishment of a Property Owner’s Association is required as a Condition of
Approval, then the Developer shall be responsible for the formation of the Property Owner’s
Association. The Developer shall file a charter with the Tennessee Secretary of State to
establish the corporate entity of the Property Owner’s Association, as well as draft by-laws
and restrictive covenants of the Property Owner’s Association. The Property Owner’s
Association must be formed, in good standing with the State of Tennessee and have its
charter, by-laws and restrictive covenants recorded with the Shelby County Register prior
to the recording of the Final Plat. The Property Owner’s Association its charter, by-laws
and restrictive covenants shall conform to the Millington Subdivision Regulations. The
Developer shall provide documentation to the City prior to the recording of the Final Plat
that these items have been completed.

5.5

If the Property Owner’s Association is to own any real property, easements and/or common
open space, then that property, easements and/or common open space must be deeded
from the Developer to the Property Owner’s Association. Furthermore, it is a requirement
that any and all common open space be owned by a Property Owner’s Association and
that the deed transferring the property as well as the by-laws of the Property Owner’s
Association clearly state that any and all property, easements and/or common open space
owned by the Property Owner’s Association can not be transferred to another party, and if

11

such a transfer does occur or the Property Owner’s Association shall cease to exist either
through dissolution or other means then the responsibility of the maintenance of said
property, easements and common open space shall become the personal liability and
responsibility of the owner. Furthermore, the Property Owner’s Association and it’s by-laws
and/or restrictive covenants shall conform the to the City of Millington Subdivision
Regulations The Developer shall provide documentation to the City that these items have
been completed.
6.0

FEES TO BE PAID
6.1

In connection with the development of Most Dependable Products the Developer shall pay
to the City fees, in such amounts and at such times, as set forth below:
I.

Water Development Charge

$

30,000.00

II.

Water Connection Fee
$500 per connection plus the cost of the meter
for domestic and irrigation connections
Not due at this time, to be paid by the
Developer prior to installation.

$

N/A

$500 per connection for fire protection
Not due at this time, to be paid by the
Developer prior to installation.

$

N/A

III.

Sewer Development Charge

$

30,000.00

IV.

Sewer Connection Fee
$500 per connection

$

500.00

Construction Review Fee
Greater of $2,500, $300 per lot, $300 per
disturbed acre, or 3% of the estimated cost
for the public improvements

$

3,420.00

Stormwater Review Fee
Greater of $2,500 or $300 per disturbed acre

$

2,500.00

$

66,420.00

V.

VI.

TOTAL DUE:

*NOTE: SEPARATE CHECKS ARE REQUIRED FOR EACH FEE.
If Subdivision construction is not completed within one (1) year from the date of execution
of this Agreement and the fee structure of the City has been amended, the Developer shall
be responsible for the payment of fees pursuant to the amended fee structure of the City.
7.0

SECURITY REQUIREMENTS
7.1

Upon execution of the Development Agreement, the Developer shall furnish to the City,
Security in the form of a bond in the amount of the total value and cost of installation of the
Public Improvements to be made, plus one year's inflation, until the construction has been

12

completed and the Warranty Period has expired. The amount and terms of the bond shall be
determined by the City Engineer and approved by the Planning Commission.
7.2

The City, in its sole discretion, may, in lieu of a subdivision bond, accept a Certified Check
made payable to the City for the total amount of the total value and cost of installation of the
Public Improvements. If the Developer submits a Certified Check in lieu of a bond, he must
execute an "Escrow Agreement" with the City in form and substance acceptable to the City
and its attorneys, which shall become a part of this Agreement. In the event that the required
improvements are built and installed in accordance with the foregoing standards and
requirements as approved by the City Engineer, the deposit made in lieu of bond and in
accordance with the Escrow Agreement will be returned to the Developer at the end of the
Warranty Period. In the event that the construction and installation are not completed or
approved by the City, the deposit, or so much thereof as may be necessary, shall be
expended as provided in the Escrow Agreement.

7.3

The City, in its sole discretion, may, in lieu of a bond, accept an irrevocable standby letter of
credit exclusively in favor of the City, from an institution approved by the City, for the total
value and cost of installation of the Public Improvements. Said letter of credit shall be upon
terms acceptable to the City and the City shall have the right to demand payment of the letter
of credit, or so much thereof as may be necessary, in the event that the construction and
installation are not completed or approved by the City.

7.4

Upon completion of the major improvements, specifically including but not limited to, all
Temporary Surface Courses, utility service, water service, sewer service, street lighting, and
drainage systems, and upon final inspection and acceptance by the City Engineer, the
Developer may request, and the City shall approve upon submission of appropriate
documentation as to the cost of completion of the remaining Public and Private
Improvements, a reduction in the amount of the subdivision bond, cashier's check, or letter
of credit, to an amount equal to 150% of the cost of completion of the remaining Public and
Private Improvements. Provided, however, in no event shall the amount of the subdivision
bond, cashier's check, or letter of credit be reduced to an amount which would be less than
the amount recommended by the City Engineer and approved by the Planning Commission
to secure the Developer's obligations and with respect to Developer's Warranty Period. The
subdivision bond, cashier's check, or letter of credit, and the amount required by the
preceding sentence, shall remain in full force and effect until the expiration of said Warranty
Period.

7.5

The City reserves the right in its sole discretion to refuse to accept any Bond or Letter of
Credit from any institution, surety or bank. The City reserves the right in its sole discretion to
limit the amount any single institution, surety or bank may guarantee the City whether under
a single development agreement or as a total amount guaranteeing several development
agreements from multiple developers.

7.6

The City requires that regardless of any other requirement or language to the contrary, that
a provision be added in every bond or letter of credit that prior to the final expiration date of
the bond or letter of credit, the institution, surety or bank shall provide to the City of Millington
a written statement no earlier than 150 days and no later than 120 days prior to the final
expiration date, that the bond or letter of credit shall expire and will not be renewed as of that
final expiration date.

7.7

The City requires that regardless of language to the contrary anywhere in the bond or letter
of credit, that the bond or letter of credit shall specifically state in plain language that should
any litigation arise in relation to the subdivision bond or letter of credit, the proper jurisdiction
and venue of such litigation shall be in the appropriate court in Shelby County, Tennessee.

7.8

No bond or letter of credit will be accepted by the City unless the institution, surety or bank

13

issuing same is authorized and registered to do business within the State of Tennessee and
has a local branch (meaning within 100 miles of Millington, TN) for which presentment of a
draw is required.
7.9

No bond or letter of credit will be accepted by the City until such time as it has been reviewed
to the satisfaction of the City Engineer, City Planner, City Recorder, City Inspector and the
City Attorney.

7.10 Calculation of Security.
The amount of the Security described above shall be: $114.017.00
Based on an Engineer’s Estimate of the cost of Public Improvements the following costs
and reduction schedule is calculated for.
Cost of Public Improvements
1 Year inflation @ 6%
Street Lights

=
=
=

$
$
$

106,950.00
6,417.00
650.00

Total

=

$

114,017.00

* Cost of gas system, electric system and service is not included, it is managed by contract
with MLG&W. Telephone services are managed by local telephone company and likewise
cable services.
8.0

MISCELLANEOUS
8.1

Developer’s Responsibility
8.1.1

8.2

Site Plans and Specifications
8.2.1

8.3

It is understood and agreed that the City is not and could not be expected to
oversee, supervise and/or direct the construction of all improvements
contemplated hereunder. Neither is the City Engineer vested with the original
design responsibility nor the means to formally survey elevations, capacity,
structural integrity, type, adequacy or the locations of improvements at every stage
of the construction process. The City Engineer is vested with the right of periodic
inspections, final approval and stop work order as a measure of secondary or
subsequent enforcement.
The Developer now has and shall retain the
responsibility to properly anticipate, survey, design and construct the development
improvements and give full assurance that same shall not adversely affect the flow
of surface water from or upon any property. In providing technical assistance, plan
and design review, the City does not and shall not relieve the Developer from or
accept any liability from the Developer. The Developer will provide his own Project
Engineer whose duty shall be to design improvements that comply with all
applicable Federal, State and local codes and ordinances.

The Site Plans and specifications presented to the Planning Commission for its
approval shall be prepared by a licensed civil engineer, approved by the City, and
shall be subject to the review and recommendations of the City Engineer.

Jeopardy of Building Permits
8.3.1

Should the Developer fail to complete any part of the Site in a good and
workmanlike manner as determined by the City Engineer, or shall the Developer

14

fail to comply with the contractual obligations of this Agreement then the City shall
have the right to withhold and withdraw all building permits, water and sewer
service within or to the Site until the Developer has fulfilled all terms of this
Agreement, the Subdivision Regulations, and the plans and specifications
approved by the City.
8.4

Easements
8.4.1

8.5

Compliance with Laws
8.5.1

8.6

The Developer shall pay any and all attorney's fees incurred by the City in addition
to those fees specifically set forth in Sections 4, 5 and 6 of this Agreement for
review of documents, agreements, contracts, proposals and related materials
involved in development. Payment is due within 30 days from the date that the
City issues a bill.

Attorney's Fees/Code Amendments
8.8.1

8.9

The Developer shall pay one hundred percent (100%) of any and all engineering
costs incurred by the City, in addition to those fees specifically set forth in Section
4, 5 and 6 of this Agreement, for review and oversight of the improvements.
Payment is due within 30 days from the date that the City issues a bill.

Attorney's Fees/Subdivision Review
8.7.1

8.8

The Developer shall comply with all applicable federal, state and local laws and
regulations and shall upon the City's request, furnish proof of compliance.

Engineering Costs Over and Above Fee Schedule
8.6.1

8.7

The Developer shall obtain and shall furnish to the City all necessary easements
to serve the Subdivision, said easements to be in form, type, size and character
as required by the Subdivision Regulations and/or as approved by the City
Engineer and acceptable to the City.

In addition to those fees specifically set forth in Sections 4, 5, 6, 8.7 and 8.9 of this
Agreement, the Developer shall pay one hundred percent (100%) of the legal
costs, including, but not limited to attorney's fees, associated with any and all
amendments to the Millington Municipal Code related to the development of the
Site. Payment is due within 30 days from the date that the City issues a bill.

Attorney's Fees/Enforcement
8.9.1

Should the Developer default in any part of this Agreement and it becomes
necessary to engage an attorney to obtain compliance with this Agreement and/or
file necessary legal action to enforce provisions of the Agreement or sue for any
sums of money due and owning or liability arising incident to this Agreement, the
Developer agrees to pay to the City its reasonable Attorney's fees associated with
such action.

8.10 Effect of Agreement
8.10.1 This Agreement is supplemental and in addition to all federal, state, county and
local laws, regulations and requirements regarding the development of a

15

subdivision and is intended to augment, explain, expand and clarify said laws,
regulations and requirements. This Agreement may be changed, amended, or
terminated only by similar written instrument executed by all parties to be bound
thereby.
8.11 Parties Bound
8.11.1 All of the terms and provisions of this Agreement shall be binding upon, shall inure
to the benefit of, and be enforceable by and against, the parties hereto and there
respective heirs, executors, administrators, successors, and assigns.
8.12 Assignment Limited
8.12.1 The Developer may not assign or delegate its rights or duties under this Agreement
without the prior written consent of the City in each instance.
8.13 Severability
8.13.1 If any provision of this Agreement is held to be unlawful, invalid or unenforceable
under any present or future laws, such provisions shall be fully severable; and this
Agreement shall then be construed and enforced as if such unlawful, invalid, or
unenforceable provisions had not been a part hereof. The remaining provisions of
this Agreement shall remain in full force and effect and shall not be affected by
such unlawful, invalid, or unenforceable provision or by its severance here from.
Furthermore, in lieu of such unlawful, invalid, or unenforceable provision, there
shall be added automatically as a part of this Agreement a provision as similar in
terms to such unlawful, invalid, or unenforceable provision as may be possible,
and be legal, valid, and enforceable.
8.14 Headings Not Part of Agreement
8.14.1 The heading preceding each paragraph (if any) are inserted merely as a matter of
convenience and shall not be deemed to be a part of the Agreement terms.
8.15 Notices
8.15.1 All notices, demands and requests required or permitted by this Contract shall be
in writing (including telecopy communications) and shall be sent by facsimile
transmission, air or other courier, or hand delivery, as follows:
To:

CITY
City of Millington
Attn: Karen Findley, City Clerk
7930 Nelson Street
Millington, Tennessee 38053
Telephone:
Facsimile:
E-Mail:

901/873-5701
901/872-4113
[email protected]

Any notice, demand or request sent by facsimile transmission shall be deemed
given for all purposes under this Agreement when properly transmitted by
telecommunication device. Any notice, demand or request which is hand delivered

16

or sent by air or other courier shall be deemed given for all purposes under this
Agreement when delivered to the intended address.
8.16 Joinder of Owner
8.16.1 In the event that the Developer is not the owner of the Site, the owner joins in this
Agreement and by the Owner’s execution of this Agreement, the owner is jointly
and severally liable for the representations, warranties, covenants, agreements
and indemnities as expressly set forth in this Agreement.
8.17 Disclosure of Ownership Interest
8.17.1 The Developer, at the filing of its initial application, completed a Disclosure of
Ownership Interest form with the City. The Developer hereby states, certifies and
confirms to the City that the information on that form is still true and correct as of
the Effective Date, if not then the form shall be revised if necessary. The Disclosure
of Ownership Interest form shall be attached as Exhibit “C” to this Agreement and
is incorporated herein by reference and made a part hereof.
8.18 Recording
8.18.1 At the option of either party to this Agreement, this document and all Exhibits
hereto may be recorded with the Shelby County Register’s Office.
IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals at Millington, Tennessee,
this the ___ day of _______________, 20___.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

17

DEVELOPER

By:
Title:
Date:

STATE OF TENNESSEE
COUNTY OF SHELBY
Before me, the undersigned Notary Public in the State and County aforesaid, personally
appeared ________________________, with whom I am personally acquainted, and who, upon oath,
acknowledged ______________ to be the __________________ for _______________, the within
named bargainor, and that he, as such ____________________, being authorized so to do, executed the
foregoing instrument for the purposes therein contained by signing the name of the corporation by himself
as such _____________________.
WITNESS my hand and Notarial Seal at office this ______ day of __________________, 20__.
____________________________________
Notary Public
My Commission Expires:

18

OWNER (if applicable):
________________________________________________
By:

__________________________________________

Title:

__________________________________________

Date:

__________________________________________

STATE OF TENNESSEE
COUNTY OF SHELBY
Before me, the undersigned Notary Public in the State and County aforesaid, personally
appeared ________________________, with whom I am personally acquainted, and who, upon oath,
acknowledged ______________ to be the __________________ for _______________, the within
named bargainor, and that he, as such ____________________, being authorized so to do, executed the
foregoing instrument for the purposes therein contained by signing the name of the corporation by himself
as such _____________________.
WITNESS my hand and Notarial Seal at office this ______ day of __________________, 20__.
____________________________________
Notary Public
My Commission Expires:

19

CITY OF MILLINGTON
By:
Mayor
Date:

STATE OF TENNESSEE
COUNTY OF SHELBY
Before me, the undersigned Notary Public in the State and County aforesaid, personally
appeared ________________________, with whom I am personally acquainted, and who, upon oath,
acknowledged ______________ to be the __________________ for _______________, the within
named bargainor, and that he, as such ____________________, being authorized so to do, executed the
foregoing instrument for the purposes therein contained by signing the name of the corporation by himself
as such _____________________.
WITNESS my hand and Notarial Seal at office this ______ day of __________________, 20__.
____________________________________
Notary Public
My Commission Expires:

APPROVED BY CITY ATTORNEY:
__________________________________

20

Exhibit “A”
Conditions of Approval
Planning Commission/Design Review Committee
Staff Reports were presented to the Millington Planning Commission on March 16, 2026 and May
18, 2026. The following submittals for Most Dependable Products were approved with the
following conditions:
Final Plat
Conditions:
1. Improvements are to be the responsibility of the developer and not the responsibility of the City of
Millington.
2. All landscaping in all common open space areas, natural areas, buffer areas, streetscape areas,
medians, islands, and the entrance signage areas and such other associated improvements shall
be installed/constructed prior to the issuance of any building permit within that respective phase of
the development.
3. All utilities and services (electric, telephone, cable, etc.) are to be installed underground. The water
service lines shall be installed with tracing wire at the top.
4. All applicable conditions of approval for the property’s Site Plan and Engineering Plat shall be
satisfied before the recording of this Final Plat.
5. The Final Plat shall be titled as “Lot 8 and 9, First Revision Resubdivision of the 109 Acre Tract
Owned by the Industrial Development Board of the City of Millington, TN”.
6. The Final Plat shall show all necessary utility easements.
7. The written boundary survey, metes and bounds, shall be included on this Final Plat.
Engineering Plat (Public Improvements)
Conditions:
1. Improvements are to be the responsibility of the developer and not the responsibility of the City of
Millington.
2. All landscaping in all common open space areas, natural areas, buffer areas, streetscape areas,
medians, islands, and the entrance signage areas and such other associated improvements shall
be installed/constructed prior to the issuance of any building permit within that respective phase of
the development.
3. All utilities and services (electric, telephone, cable, etc.) are to be installed underground. The water
service lines shall be installed with tracing wire at the top.
4. A cul-de-sac turnaround shall be provided at the south end of the Ryburn Drive extension.
5. The roadway plans shall include a typical roadway section of Ryburn Drive and all proposed
drainage and utilities shall be shown in the Ryburn Drive Profile view
6. Drainage structure details, such as pipe sizes and inlet types, shall be provided in its proper table
and accompanied with standard detail drawings for construction.
7. All necessary standard details for utilities shall be included with the plans to meet requirements of
the City Engineer and Fire Department.
8. The engineering plans shall show all necessary utility easements.
9. The applicant shall apply for a TDEC Construction Stormwater General Permit and revise the
Erosion Control Plan to include at least two phases.
10. The plans shall satisfy all technical requirements deemed necessary by the City Engineer.
Site and Design Review
Conditions:
1. Improvements are to be the responsibility of the developer and not the responsibility of the City of

21

Millington.
2. All landscaping in all common open space areas, natural areas, buffer areas, streetscape areas,
medians, islands, and the entrance signage areas and such other associated improvements shall
be installed/constructed prior to the issuance of any building permit within that respective phase of
the development.
3. All utilities and services (electric, telephone, cable, etc.) are to be installed underground. The water
service lines shall be installed with tracing wire at the top.
4. A cul-de-sac turnaround shall be provided at the south end of the Ryburn Drive extension, including
all necessary right-of-way dedication and adhere to all other applicable specifications in the City’s
Subdivision Regulations.
5. Curb shall be installed along the entire perimeter of the site’s paved asphalt areas.
6. The finish of all luminaire poles and accessories shall be bronze, black, or another neutral color
selected by the applicant.
7. The fence shall use high-quality designs and materials such as metal to be in accordance with the
City’s Fence Ordinance and Design Guidelines.

22

Exhibit “B”
Payment-in-lieu of construction – Improvements
(If Applicable)

Not Applicable

23

Exhibit “C”
DISCLOSURE OF OWNERSHIP INTERESTS
In order to assist staff and appointed and elected officials of the City of Millington in complying with
Ordinances of the City relating to conflicts of interest, the following information is required to be furnished:
1. For Profit Entities. If the applicant submitting this Application (“Applicant”) is a for-profit, i.e.,
general partnership, limited partnership, corporation, limited liability company, R.E.L.T., a trust, or
any other form of for-profit business entity, the authorized representative of the Applicant must list
below the respective names and business or home addresses of all persons or entities which own
10% or more of the ownership interests in the Applicant. (If another business entity owns 10% or
more of the ownership interests in the Applicant, all persons owning a 10% or more interest in
such last mentioned entity must be identified by name and business or home address.) (If a trust
owns a 10% or more interest in the Applicant, all beneficiaries of 10% or more of the trust assets
must be identified by name and business or home address.) The amount of ownership interest
does not have to be disclosed.
Applicant: _____________________________________________________________________
Persons or Entities Owning 10% or More of the Ownership Interests of the Applicant:
Name
________________________

Business or Home Address
_________________________________________________

________________________

_________________________________________________

________________________

_________________________________________________

________________________

_________________________________________________

2. For Profit Entities. If the owner and any lessee of the land which is the subject of this Application
(“Owner and Lessee”) is a for-profit entity, i.e., general partnership, limited partnership,
corporation, limited liability company, R.E.L.T., a trust, or any other form of for-profit business
entity, the authorized representative of the Owner and Lessee must list below the respective
names and business or home addresses of all persons or entities which own 10% or more of the
ownership interests in the Owner and Lessee. (If another business entity owns 10% or more of
the ownership interests in the Owners and Lessee, all persons owning a 10% or more interest in
such last mentioned entity must be identified by name and business or home address.) (If a trust
owns a 10% or more interest in the Owner and Lessee, all beneficiaries of 10% or more of the
trust assets must be identified by name and business or home address.) The amount of
ownership interest does not have to be disclosed.
Owner and Lessee: ____________________________________________________________
Persons or Entities Owning 10% or More of the Ownership Interests of the Owner and Lessee:
Name
________________________

Business or Home Address
_________________________________________________

________________________

_________________________________________________

________________________

_________________________________________________

24

________________________

_________________________________________________

3. Not for Profit Entities. If the applicant submitting the Application (“Applicant”) is a not for profit
entity, the authorized representative of the Applicant must list below the name and business or
home address of the President (or equivalent chief executive officer) and the members of its
board of directors:
Applicant: _____________________________________________________________________
President or Equivalent
Chief Executive Officer: _______________________________________________________
Members of the Board of Directors of the Applicant:
Name
________________________

Business or Home Address
_________________________________________________

________________________

_________________________________________________

________________________

_________________________________________________

________________________

_________________________________________________

4. Not for Profit Entities. If the owner and lessee of the land which is the subject of this Application
(“Owner and Lessee”) is a not-for-profit entity, the authorized representative of the Owner and
Lessee must list below the name and business or home address of the President (or equivalent
chief executive officer) and the members of its board of directors:
Owner and Lessee: _____________________________________________________________
President or Equivalent
Chief Executive Officer: _______________________________________________________
Members of the Board of Directors of the Owner and Lessee:
Name
________________________

Business or Home Address
_________________________________________________

________________________

_________________________________________________

________________________

_________________________________________________

________________________

_________________________________________________

25

Exhibit “D”

As-built plans are required to be endorsed by a Tennessee Registered Professional Engineer and or a
Registered Land Surveyor. The following certification shall be added to all sheets of the plans.
AS-BUILT CERTIFICATION
I, _______________________________, hereby certify that the As-Built information shown on this drawing
is an accurate and complete representation of data established by a field survey performed under my
direction on _____________ (date), and that the improvements were constructed according to the approved
plans, except as otherwise noted hereon.
________________________________________
Name

______________________________
Date

SEAL

26

RESOLUTION 52-2026
RESOLUTION APPROVING SUBDIVISION DEVELOPMENT AGREEMENT
WITH THE STATE OF TENNESSEE, TENNESSEE BOARD OF REGENTS.
WHEREAS, the State of Tennessee, Tennessee Board of Regents is the owner and
developer of a tract of land zoned M-P, Planned Industrial, being known as Lot 1 of the
subdivision known as Tennessee College of Applied Technology Aviation, containing
approximately 36.7 acres, and desires to improve and develop the subdivision site; and;
WHEREAS, The Millington Planning Commission approved the Subdivision Plan on July
20th, 2026; and;
WHEREAS, the public improvements are in place, therefore no bond is required.
NOW, THEREFORE, BE IT RESOLVED by the Board of Mayor and Aldermen of the
City of Millington, Tennessee, that the Development Agreement with the State of Tennessee,
Tennessee Board of Regents. is approved.
BE IT FURTHER RESOLVED, That the Mayor may sign the aforementioned
agreement.
This Resolution is adopted as of the 9th day of November, 2026.

______________________________
Larry Dagen, Mayor

_______________________________
Karen Findley, City Clerk

CITY OF MILLINGTON
NON-RESIDENTIAL SUBDIVISION DEVELOPMENT AGREEMENT
THIS NON-RESIDENTIAL SUBDIVISION DEVELOPMENT AGREEMENT (hereinafter the "Agreement"),
is made and entered into this ____ day of __________, 2026, by and between the City of Millington,
Shelby County, Tennessee, (hereinafter the "City"), and State of Tennessee, Tennessee Board of
Regents, (hereinafter the “Developer”):
WITNESSETH
WHEREAS,

the Developer is the owner1 of a tract of land zoned M-P, Planned Industrial, which contains
approximately 36.7 acres (the “Subdivision Site”) and desires to improve and develop the
Subdivision Site into a 1-lot subdivision to be known as Tennessee College of Applied
Technology Aviation (the “Subdivision”2); and;

WHEREAS,

the Millington Planning Commission (hereinafter “Planning Commission”) has approved the
subdivision plan of the Developer with respect to the Subdivision (the “Subdivision Plan”)
on July 20, 2026 pursuant to Tennessee Code Annotated, Section 13-4-301 et seq., and;

WHEREAS,

the Developer is required to install with respect to the Subdivision, in conformance with the
Subdivision Regulations and as provided herein, certain Public Improvements, including,
but not limited to, water lines, fire hydrants, sanitary sewer lines, grading, stormwater
drainage system, streets, curbs, gutters, sidewalks, street name signs, traffic control
devices, street lights, electrical power and gas utilities in said project at its own cost, and;

WHEREAS,

the Developer may be required, pursuant to its application and Planning Commission
approval and, as applicable Planning Commission/Design Review Committee approval, to
install Private Improvements and amenities, including, but not limited to, private streets and
alleys, fences, walls, lakes, swimming pools, tennis courts and other recreational facilities,
common open space amenities, stormwater retention and/or detention basins, landscaping
and related irrigation systems, relative to said Subdivision, none of which shall be accepted
for maintenance by the City; and,

WHEREAS,

the City is willing to enter into this Agreement with the Developer relative to the
development of the Subdivision, and the City is willing to provide services to the
Subdivision in accordance with the City’s standard policies and applicable rates; and,

WHEREAS,

the City is willing to approve the Subdivision (or Planned Development), subject to the
applicant’s compliance with applicable existing laws, ordinances, and regulations and the
conditions set forth herein;

NOW, THEREFORE, in consideration for the mutual promises herein contained, and other consideration
herein recited the parties do hereby agree as follows:
1 If the Developer is not the owner of the Subdivision Site but has permission from the owner to develop

same, the owner will be required to join herein and all obligations imposed upon the Developer hereunder
shall be the joint and several obligations of the Developer and the owner.
2 The project contemplated hereunder may be developed under the ordinances and regulations of the City

relative to Planned Developments. In such event, terms used herein to refer to subdivision shall be read
so as to apply to such Planned Development.

1

1.0

DEFINITIONS
1.1

Administrative Guidelines: Collectively include the following codes and standards:
(a) The standards of the American Society for Testing Materials (ASTM);
(b) The requirements of the Occupational Safety and Health Administration (OSHA);
(c) The requirements of the Federal Americans with Disabilities Act (ADA);
(d) The Standard Specifications for Road and Bridge Construction of the Tennessee
Department of Transportation; and
(e) The Standards of the American National Standards Institute (ANSI);
References herein to the Codes are to those in effect on the Effective Date unless
amendments are hereafter made which apply to all improvements or subdivisions
regardless of their date of commencement and/or completion of construction.
Codes: Collectively include the following ordinance, regulations and standards:
(a) Millington Zoning and Subdivision Regulations;
(b) Standards and specifications contained in “Local Public Works Standard, and
Specifications”, as amended to include specific requirements for construction in Millington,
TN;
(c) the International Building Code (as adopted by Shelby County Code Enforcement);
(d) the International Building Code Fire Code; and
(e) any and all other applicable Ordinances of the City of Millington and Shelby County.
References herein to the Codes are to those in effect on the Effective Date unless
amendments are hereafter made which apply to all improvements or subdivisions
regardless of their date of commencement and/or completion of construction.

1.2

Conditions of Approval: are those conditions imposed upon the Developer and/or the
Subdivision by the City of Millington by and through the Board of Mayor and Alderman,
Planning Commission, Board of Zoning Appeals, Planning Commission/Design Review
Committee and or any other applicable Board, Committee or Commission of the City of
Millington. These conditions are listed in Exhibit “A”, attached hereto.

1.3

Effective Date: is the date that this agreement is entered into by and between the parties
hereto as demonstrated by their execution of this Contract.

1.4

Final Subdivision Acceptance: shall occur after all required Public and Private improvements
have been completed by the Developer, to the satisfaction of the City Engineer, City Planner,
City Recorder, and the City Inspector.

1.5

Final Plat Approval: is the approval of the Final Plat by the Millington Planning Commission
for a subdivision before a plat is recorded.

1.6

Initial Acceptance: shall occur at the point in time when the Developer has completed all
required Public Improvements and Private Improvements as required by the City and
specified in Exhibit “A”, to the Subdivision Site, and all required Public Improvements off site,
relative to the Subdivision, including the final surface asphalt course of off site Public
Improvements, but not the final required surface asphalt course on the internal Subdivision
streets, and same have been inspected, tested and approved in writing by all of the following:
City Engineer, City Planner, City Recorder, and the City Inspector. No building permits shall
be issued prior to Initial Acceptance. Initial Acceptance shall not occur until such time as asbuilt plans (as per Section 4.11) shall be submitted by the Developer and inspected by the
City Engineer. Initial Acceptance shall not occur until such time as payment of street lighting
pursuant to Section 4.4 has been made in full to the City.

2

1.7

Lot: A single fraction or part of the Subdivision as shown by the plat or survey of the
Subdivision Site.

1.8

Payment-in-Lieu of Construction: is a payment with the approval of the Planning Commission
for future construction of those Public Improvements required of the Developer by the City
and/or the Planning Commission. This payment shall be non-refundable to the Developer, its
agents, or assigns, and there shall be no requirement of the City that said improvements
shall be made in a specific period of time. The improvements shall be specified by the City
Engineer and attached to this Agreement, if applicable, as an Exhibit “B.”

1.9

Private Improvements: includes all specific improvements to be constructed, such as, but not
limited to brick walls, landscaping, fencing, lighting, etc., as required by the City relative to
the Subdivision, and which are not Public Improvements.

1.10 Public Improvements: those improvements to be constructed relative to the Subdivision that
are to be dedicated to the City and accepted for perpetual maintenance by the City.
1.11 Security: a Bond or Letter of Credit issued by a bank or bonding company qualified to do
business in the State of Tennessee, to the Developer, naming the City of Millington as
beneficiary, and securing the completion of all Public Improvements and Private
Improvements. Said bond or letter of credit shall have an expiration date of one (1) year from
issuance but shall automatically renew for successive one (1) year periods and is callable
upon a local branch (as per Section 7.8) of the issuing bank or bonding company. In
accordance with Section 7.0 cash or Certified Check are adequate security acceptable to the
City. All provisions of Section 7.0 are made by reference herein as if incorporated and recited
here in full.
1.12 Subdivision Site: those parcels or tracts of land upon which the Developer intends to develop
the Subdivision. The Subdivision Site shall include all portions of the parcels or tracts of land
shown on the plat, whether any construction activities will take place upon the same or not.
1.13 Subdivision Plans: are those documents and plans submitted to the City in conjunction with
an application for subdivision approval, including, but not limited to the application for Design
Plat approval, Construction Plat approval, and Final Plat Approval.
1.14 Warranty Period: for each subdivision shall run for one (1) year from the Final Subdivision
Acceptance by the City. During the this Warranty Period the Developer is responsible for the
maintenance and repair of any and all defects and failures of those Public and Private
Improvements constructed by the Developer or his agent. Prior to the expiration of the
Warranty Period and before the Security will be released by the City, a punch list of items to
be repaired or replaced will be given to the Developer by the City and those items shall be
completed to the satisfaction of the City Engineer, City Planner, City Recorder, and the City
Inspector.
2.0

OWNERSHIP
2.1

The Developer agrees it shall have no claim, direct or implied, in the title or ownership of the
improvements specified in this Agreement that are to be dedicated to the City by virtue of the
official recording of the plat for the Subdivision and accepted for perpetual maintenance by
the City, those being the Public Improvements. The City, upon Initial Acceptance and plat
recording, will take full title to the Public Improvements. Maintenance responsibilities of the
Developer prior to and after Final Subdivision Acceptance are provided for hereinafter.

3

3.0

2.2

Until Initial Acceptance, the Developer agrees that neither the Subdivision Site nor any
portion thereof will be transferred without first providing the City with notice of when the
proposed transfer is to occur and who the proposed transferee is, along with the appropriate
address and telephone number of the proposed transferee.

2.3

If it is the proposed transferee’s intention to develop the Subdivision Site or any portion
thereof in accordance with this Agreement, the Developer agrees to furnish the City with an
assumption agreement by which the transferee agrees to perform the obligations required
under this Agreement that are applicable to the property to be acquired by the transferee.
Unless otherwise agreed by the City, the Developer will not be released from any of its
obligations hereunder by virtue of such transfer and the Developer and the transferee both
shall be jointly and severally liable to the City following such transfer for all obligations
hereunder that are applicable to the property transferred. Said assumption agreement will
be subject to the approval of the City Attorney.

2.4

If the Developer and the transferee intend to enter into an assumption agreement whereby
the Developer is released from its obligations under this Agreement, the Developer must
present the assumption agreement to the City for consideration and possible approval by the
Board of Mayor and Aldermen. In the event of such approval, the transferee will be required
to furnish new Security acceptable to the City.

GENERAL CONDITIONS
3.1

4.0

Construction Standards: The Developer shall construct the Subdivision in accordance with
the Subdivision Plan, as approved by the Planning Commission, and if applicable, the
requirements of the Planning Commission/Design Review Committee, and in accordance
with the requirements of (a) the Millington Subdivision Regulations; (b) standards and
specifications contained in “Local Public Works Standard, and Specifications”, as amended
to include specific requirements for construction in Millington, TN; (c) the Building Code (as
adopted by Shelby County); (d) the Fire Code (as adopted by Shelby County); (e) the
Millington Zoning Ordinance; and (f) the applicable Ordinances of the City. Items (a) through
(f) are hereby made a part of this Agreement by reference and are hereinafter referred to
collectively as the “Codes”. References herein to the Codes are to those in effect on the
Effective Date unless amendments are hereafter made which apply to all improvements or
subdivisions regardless of their date of commencement and/or completion of construction.
The Conditions of Approval established by the Planning Commission, and, as applicable, the
Planning Commission/Design Review Committee (any or all of which as may have been
modified by the Board of Mayor and Aldermen) are set forth in Exhibit “A” to this Agreement
and are incorporated herein by reference and made a part hereof.

PUBLIC IMPROVEMENTS
4.1

General Requirements
4.1.1

Construction of required Public Improvements shall meet standards and
specifications contained in the "Local Government Public Works Standards, and
Specifications," as amended to include specific requirements for construction in
Millington Tennessee.

4.1.2

The construction of all required Public Improvements by the Developer, including,
but not limited to, curbs and gutters, street subgrade preparation, temporary
surface course, wearing surface, storm drainage, sidewalks as required, water

4

service, utility service, sanitary sewer service, street lighting and other related
items shall be undertaken and completed by the Developer in accordance with
Subdivision Regulations and other specifications of the City, all of which are
incorporated by reference herein, said Public Improvements requiring approval
and acceptance by the City.

4.2

4.1.3

All drainage, including but not limited to, detention ponds, ditch paving, bank
protection, and fencing adjacent to open ditches made necessary by the
development of this subdivision is to be constructed by the Developer and at the
Developer's sole expense, on a schedule and according to plans and
specifications approved by the engineer appointed by the City to advise the City
regarding the construction of the Subdivision (the "City Engineer"). (See Section
4.8).

4.1.4

The Developer shall provide necessary erosion control, including but not limited
to, seeding for gentle slopes and grass sod for steeper slopes with special grading
and terracing as necessary, to the specifications of the City Engineer.

4.1.5

All sidewalks shall be handicap accessible in accordance with ADA requirements
and applicable Codes.

Streets
4.2.1

The Developer agrees to dedicate and improve and/or construct, at no cost to the
City, all public and/or private streets located within or required by this project to
comply with the road standards of the City to the satisfaction and approval of the
City Engineer, subject, however, if applicable, to the provisions of subparagraph
4.2.2 immediately below.

4.2.2

Upon the application by the Developer to the Planning Commission, the Planning
Commission has approved a Payment in-Lieu of Construction in the amount of
_______N/A___________ Dollars, ($___N/A____) for those improvements set
forth in Exhibit “B” attached hereto.

4.2.3

The Developer shall bear the cost of all engineering, inspection and laboratory
costs procured by the Developer incidental to the construction of street(s) to be
constructed or improved pursuant to this Agreement, including, but not limited to,
material and density testing; and, if the City deems it necessary to have additional
work of such nature performed, the Developer shall bear such costs also.

4.2.4

The Developer shall furnish and install asphalt base and a final asphalt surface
course (wearing surface) on all streets, public and private, as required hereunder
in accordance with the City specifications.

4.2.5

It is agreed and understood that if it is not necessary to change the existing grade,
alignment or disturb the pavement of an existing street or road, the Developer shall
only be required to construct drainage, sub–base, base and pavement to match
the existing pavement and construct sidewalks, curb and gutter as required. If the
existing grade and/or alignment is changed, the Developer shall be required to
grade, prepare sub-base, base and pave the full width of said street or road.

4.2.6

Street Temporary Surface Course: The Developer shall be responsible for street
subsurface preparation ("Temporary Surface Course") and, in addition to the
detailed specifications, the following requirements, subject to approval by the City,

5

shall apply:
TYPE OF TEMPORARY SURFACE COURSE (Residential Streets with 50’ of
Right of Way)
(1)

8" Compacted Gravel Base................. 2" Black Base Asphalt

(2)

8" Soil Cement Base as designed........ 2" Black Base Asphalt
by an accepted soils laboratory
testing firm and under direct
approval by the City Engineer.

TYPE OF TEMPORARY SURFACE COURSE (All Other Streets with more than
50’ of Right of Way)
(1)

10" Compacted Gravel Base................. 3" Black Base Asphalt

(2)

10" Soil Cement Base as designed........ 3" Black Base Asphalt
by an accepted soils laboratory
testing firm and under direct
approval by the City Engineer.

Completion of the Temporary Surface Course in all phases shall be required prior
to recording of the Final Plat.
4.2.7

Street Wearing Surface: Developer shall furnish and install a final asphalt surface
course (hereinafter "Wearing Surface") as indicated below in accordance with the
City's Subdivision Regulations.
THICKNESS OF WEARING SURFACE (Residential Streets with 50’ of Right of
Way)
(1)

1-½" Wearing Surface

THICKNESS OF WEARING SURFACE (All Other Streets with more than 50’ of
Right of Way)
(1)

2" Wearing Surface

4.2.8

Wearing Surfaces shall not be completed earlier than one (1) calendar year after
Initial Acceptance of the subdivision, except as allowed under Paragraph 4.2.9
below. Wearing Surfaces shall not be installed until the later of: (a) two (2)
calendar years after the recording of the Final Plat, or (b) 50% of the lots in the
subdivision are complete and occupied. This provision can only be altered by
formal written request to the Board of Mayor and Aldermen for the City.

4.2.9

The Developer may request administrative approval to install the Wearing Surface
earlier than one (1) calendar year after Initial Acceptance, if 75% of the lots in the
subdivision are complete and occupied. Each such request must be specifically
approved in writing by all of the following: City Engineer, City Planner, City
Recorder and the City Inspector.

4.2.10 The Developer shall adjust manholes and water valve boxes to meet proposed
finished surface elevations prior to application of the Wearing Surface at the sole

6

expense of the Developer.
4.2.11 The City specifically reserves the right to require the Developer to repair the base
and/or binder course as necessary and in such areas that are recommended by
the City Engineer or Public Works Department, prior to application of final Wearing
Surface.
4.3

Electricity
4.3.1

The Developer shall provide electrical service to each commercial Lot at his sole
expense. All electrical lines from the service poles to the buildings are to be
underground with transformer boxes located at the building line or rear property
line.
The Developer shall provide a copy of the utility plans approved by Memphis
Light Gas & Water to the City Engineer prior to the Final Plat Approval.

4.4

4.5

Street Lighting
4.4.1

The Developer shall provide street lights for the entire Subdivision at his sole
expense. The type of lighting standard, pole spacing and installation shall be per
Memphis Light, Gas and Water standards. Memphis Light Gas and Water shall bill
the City for installation of street lighting per its standards.

4.4.2

The Developer agrees to pay to the City the estimated cost of the installation of
street lighting within the Subdivision. The City shall thereafter bill Developer the
actual amount charged to it by Memphis Light Gas and Water for the installation
of the required street lighting. Developer shall make payment to City within 30
days of billing. City may withhold all other approvals and/or permits within the
Subdivision until such payment is made by Developer.

Telephone and Cablevision
4.5.1

4.6

Telephone and Cablevision pedestals shall be located in rear yards only.

Water Service
4.6.1

The Developer shall construct the water lines in and serving the Subdivision and
pay the City for and to install all meters and make connection of Subdivision to City
water system.

4.6.2

The Developer shall pay the cost of water main and accessories to serve the
Subdivision from a point to be approved by the Planning Commission and the City
Engineer. The Developer will also pay for the water mains and accessories within
the Subdivision, including service lines, accessories from the main to the meter
and all meters.

4.6.3

The Developer shall pay the cost of all engineering, inspection and laboratory cost
relating to the water service system in or to the Subdivision, including but not
limited to inspection and approval by the Tennessee Department of Public Health.
The Developer shall provide the City with copies of comments and certificates from
said Department.

7

4.7

4.6.4

If required by the City, the Developer shall install fire hydrants in accordance with
the type of service appropriate, the type and location as approved by the Planning
Commission with recommendation from the City’s Fire Chief and the City Engineer.

4.6.5

Water Connection Fee:
$500.00 for each domestic and irrigation connection plus the cost of the meter
$500 for a fire protection connection

4.6.6

Water Development Charge:
For all connections made to the main water lines or any lateral lines, the water
development charge shall be the greater of $3,000.00 per total acreage or
$1,500.00 per connection.

Sewer Service
4.7.1

The Developer (including any partnership of Developers), at its sole expense, shall
develop and construct the sewer extensions, mains and laterals as necessary to
service the new development(s) and the increased capacity resulting therefrom.

4.7.2

The Developer shall also be responsible and pay for the reasonable expense
incurred by the City towards development of the developer’s sewer extension and
negotiations of this agreement including but not limited to attorney fees and
condemnation cost and expenses.

4.7.3

The design, route and specifications of said extensions, mains and laterals shall
be approved in writing by the City Engineer.

4.7.4

The Developer shall not attach said sewer extension and/or main to the City’s
interceptor sewer system, (including pump stations and/or sewage plant) without
the written authority or permission of the Public Works Department to do so. This
agreement shall not be construed or interpreted in any way whatsoever as the
granting of the authority or permission to attach to, “tie in” and/or “hook on” to the
City’s interceptor sewer system without the express written authorization of the
Public Works Department to do so.

4.7.5

The sewage system improvements required for the Subdivision, complete with
necessary pump stations, force mains and manholes, shall be approved by the
State of Tennessee Department of Environment and Conservation.

4.7.6

The Developer shall provide all sewer mains and manholes as provided for in the
Subdivision Plans and specifications.

4.7.7

The Developer shall provide all sewer laterals from the sewer main to the front
property line of each Lot as approved by the City Engineer and provided for in the
Subdivision Plans and specifications, including, but not limited to connection to the
main and service pipe with plug. The utility trench created across any existing
streets shall be backfilled full depth with flowable concrete fill along with asphalt
service equal to the existing pavement section, or as directed by the Public Works
Department.

4.7.8

The Developer shall pay the cost of all engineering, inspection and laboratory
testing incidental to the sewer service in or to the subdivision.

4.7.9

The building permits for the Subdivision shall be withheld until the above

8

stipulations are met in their entirety.
4.7.10 Sewer Connection Fee:
For all connections made to the main sewer line or any lateral lines, whether for
residential, industrial, multi-dwelling or commercial use, the sewer development
charge shall be $ 500.00 per connection.
4.7.11 Sewer Development Charge:
For all connections made to the main sewer line or any lateral lines, whether for
residential, industrial, multi-dwelling or commercial use, the sewer development
charge shall be the greater of three thousand dollars ($3,000.00) per total
acreage or one thousand five hundred dollars ($1,500.00) per connection.
4.8

Drainage Design
4.8.1

The Developer shall provide a drainage system which will not increase, alter or
affect the flow of surface waters, nor contribute to same, so as to damage, flood
or adversely affect any property, either upstream or downstream of the
Subdivision. The Developer shall also provide to the City the formal written opinion
of a certified and licensed professional engineer certifying, as a professional
engineer, that he has reviewed the entire watershed within which the subdivision
is located and that upon full development at the greatest allowable use density,
under existing zoning of all land within the watershed, the Subdivision will not
increase, alter or affect the flow of surface waters, nor contribute to same, so as to
damage, flood or adversely affect any property, either upstream or downstream of
the Subdivision. Further, the Developer agrees to hold harmless and to defend
the City and the City Engineer from any claim, cause of action or liability, alleged
and/or proven, to have arisen directly or indirectly from alteration affecting the
surface water by reason of the Developer’s design, construction, installation or the
development itself, in whole or part. The aforesaid indemnity agreement includes,
without limitation, the reasonable expenses of the City incurred in defending itself
against any matter covered by such indemnity agreement, including attorney fees
and expenses of litigation.

4.8.2

The Developer agrees that it will provide necessary erosion control, such as
seeding for gentle slopes (4 to 1 or less), grass sod for steeper slopes, with special
grading and terracing, to the specifications of the City Engineer. All freshly
excavated and embankment areas not covered with satisfactory vegetation shall
be fertilized, mulched and seeded and/or sodded as required by the City Engineer
to prevent erosion. In the event the City Engineer determines that necessary
erosion control is not being provided by the Developer, the proper governing
authority shall officially notify the Developer of the problem. If the Developer has
not corrected the problem within 7 days after the notice, then the proper governing
authority shall make the necessary improvement to eliminate the erosion problem,
documenting all expenses incurred while performing the work. Prior to releasing
any Security hereunder, all expenses incurred by the governing authority relative
to the foregoing shall be paid in full by the Developer plus interest thereon at the
rate of ten percent (10%) per annum.

4.8.3

Any and all unenclosed watercourses lying partially or wholly within the boundary
of the Subdivision Site shall be constructed to an adequate cross section to provide
design flow without threat of erosion or flooding of any property within the
Subdivision Site or any adjoining property. Such water courses shall be lined in a

9

manner satisfactory to the City Engineer and any other agencies which may have
jurisdiction.

4.9

4.8.4

All buildings in the Subdivision will be constructed so as to be safe from flooding
in the event of a 100 year flood. As a minimum, the finished floor elevation of all
buildings shall be 1’ above the 100-year flood elevation as established by the
Federal Emergency Management Agency for the City of Millington.

4.8.5

The Developer understands and agrees that neither the City in its proprietary
function nor the City Engineer in the performance of his professional
responsibilities are vested with the original design responsibility or the means to
formally survey elevations or the locations of drainage improvements at every state
of the construction process, and that, therefore, the ultimate responsibility for
compliance with all Subdivision Regulations, approved plans and specifications
and Agreement provisions rests with the Developer.

4.8.6

The Developer shall pay the cost of all engineering, inspection, and laboratory
testing incident to the drainage system of the Subdivision.

Preconstruction Conference
4.9.1

The Developer is required to meet with the City Staff prior to commencing
construction for a pre-construction conference. At that conference the execution
of the work, specifications, terms and conditions of the Agreement will be
discussed.

4.9.2

At the time of the Pre-Construction Conference, all development fees must be paid,
construction plans must be signed by the City Engineer, the sewer approval has
been granted by the State, the Stormwater Pollution Prevention Plan and Notice
of Intent must be filed with the State of Tennessee, and the required bond must be
posted.

4.10 Street Signage
4.10.1 The Developer agrees to install permanent street signposts and markers at all
street intersections in the Subdivision and to install traffic control devices, signage
and striping relative to the Subdivision. The standards and specifications for public
street signposts and lettering can be obtained from the City Planner.
4.10.2 Location of street and traffic control signs to be installed shall be approved by the
City Engineer. All traffic control devices, signage and striping shall be installed as
per the Manual on Uniform Traffic Control Devices and approved by the City
Engineer.
4.11 Release of Public Improvements
4.11.1 The Developer shall furnish to the City, as-built plans, on a reproducible, stable
media, immediately following the completion of the construction. The as-built plans
shall be endorsed by a Tennessee Registered Professional Engineer and or a
Registered Land Surveyor. The certification in Exhibit “D” shall be added to all
sheets of the plans. The as-built plans shall be submitted to the City before the
Initial Acceptance by the City. All aspects of the project that have been affected by
construction should be verified and appear on the as-built plans. This would
include, but is not limited to, the following items:

10

4.11.1.1
4.11.1.2
4.11.1.3
4.11.1.4
4.11.1.5
4.11.1.6
4.11.1.7

All property lines and easements.
Elevations (rim & invert) of storm drainage structures.
Elevations (rim & invert) of sanitary sewer manholes.
Horizontal location of all storm drain and sanitary sewer
structures with station and offsets tied to street centerlines.
For any streets with less than 1% longitudinal slope, provide asbuilt gutter elevations at 25’ intervals.
For areas of a subdivision which were filled to raise the property
above the 100-year flood elevation, an as-built topographic
survey shall be provided.
For all detention basins, an as-built topographic survey shall be
provided.

4.11.2 The Developer shall provide the City with a copy of the Final Subdivision Plan
documents including sewer, water and drainage as-built drawings, using State
Plane Coordinate System with NAD–83 datum in DWG format prior to recording of
the plat of the Subdivision.
4.11.3 The Developer shall have no claim, direct, indirect or implied, to title or ownership
of the Public Improvements described in this Agreement from and after Initial
Acceptance.
4.11.4 The City, upon Initial Acceptance, shall take full and complete title to the Public
Improvements, provided however, the Developer shall be responsible for
maintenance, construction failures and defects in all Public and Private
Improvements of the Subdivision through the Warranty Period. The Developer
shall, at his sole expense, correct and cure such defects and failures in the manner
prescribed by and to the satisfaction of the City or the City Engineer.
5.0

PRIVATE IMPROVEMENTS
5.1

All Private Improvements to be completed by the Developer shall be included on either the
Final Plat and/or the Conditions of Approval as set forth in Exhibit “A” attached hereto. All
Private Improvements shall be completed prior to Final Subdivision Acceptance or as
otherwise stated in Exhibit “A”.

5.2

All Private Improvements and their maintenance thereafter shall be the responsibility of the
Developer or his assigns. The Private Improvements shall only be made on property that
will NOT be dedicated to nor accepted by the City, but instead shall be owned by the
Developer, a lot owner and/or a Property Owner’s Association.

5.3

The Developer shall post Security in accordance with Section 7 for the value of the
construction of the Private Improvements. The City Engineer shall establish the amount of
the Security.

5.4

If the establishment of a Property Owner’s Association is required as a Condition of
Approval, then the Developer shall be responsible for the formation of the Property Owner’s
Association. The Developer shall file a charter with the Tennessee Secretary of State to
establish the corporate entity of the Property Owner’s Association, as well as draft by-laws
and restrictive covenants of the Property Owner’s Association. The Property Owner’s
Association must be formed, in good standing with the State of Tennessee and have its
charter, by-laws and restrictive covenants recorded with the Shelby County Register prior

11

to the recording of the Final Plat. The Property Owner’s Association its charter, by-laws
and restrictive covenants shall conform to the Millington Subdivision Regulations. The
Developer shall provide documentation to the City prior to the recording of the Final Plat
that these items have been completed.
5.5

6.0

If the Property Owner’s Association is to own any real property, easements and/or common
open space within the Subdivision then that property, easements and/or common open
space must be deeded from the Developer to the Property Owner’s Association at the time
of the recording of the Final Plat. Furthermore, it is a requirement that any and all common
open space be owned by a Property Owner’s Association and that the deed transferring
the property as well as the by-laws of the Property Owner’s Association clearly state that
any and all property, easements and/or common open space owned by the Property
Owner’s Association can not be transferred to another party, and if such a transfer does
occur or the Property Owner’s Association shall cease to exist either through dissolution
or other means then the responsibility of the maintenance of said property, easements and
common open space shall become the personal liability and responsibility of every lot
owner in the subdivision. Furthermore, the Property Owner’s Association and it’s by-laws
and/or restrictive covenants shall conform the to the City of Millington Subdivision
Regulations The Developer shall provide documentation to the City prior to the recording
of the Final Plat that these items have been completed.

FEES TO BE PAID
6.1

In connection with the development of Tennessee College of Applied Technology Aviation
the Developer shall pay to the City fees, in such amounts and at such times, as set forth
below:
I.

Water Development Charge

$

110,100.00

II.

Water Connection Fee
$500 per connection plus the cost of the meter
for domestic and irrigation connections
Not due at this time, to be paid by the
Developer prior to installation.

$

N/A

$500 per connection for fire protection

$

$500.00

III.

Sewer Development Charge

$

110,100.00

IV.

Sewer Connection Fee
$500 per connection

$

500.00

Construction Review Fee
Greater of $2,500, $300 per lot, $300 per
disturbed acre, or 3% of the estimated cost
of the public improvements

$

4,725.00

Stormwater Review Fee
Greater of $2,500 or $300 per disturbed acre

$

4,725.00

$

230,650.00

V.

VI.

TOTAL DUE:

12

*NOTE: SEPARATE CHECKS ARE REQUIRED FOR EACH FEE.
If Subdivision construction is not completed within one (1) year from the date of execution
of this Agreement and the fee structure of the City has been amended, the Developer shall
be responsible for the payment of fees pursuant to the amended fee structure of the City.
7.0

SECURITY REQUIREMENTS
7.1

Upon recording of the final plat, the Developer shall furnish to the City, Security in the form
of a subdivision bond in the amount of the total value and cost of installation of the Public
and Private Improvements to be made, plus one year's inflation, until the Subdivision
construction has been completed and the Warranty Period has expired. The amount and
terms of the bond shall be determined by the City Engineer and approved by the Planning
Commission.

7.2

The City, in its sole discretion, may, in lieu of a subdivision bond, accept a Certified Check
made payable to the City for the total amount of the total value and cost of installation of the
Public and Private Improvements. If the Developer submits a Certified Check in lieu of a
bond, he must execute an "Escrow Agreement" with the City in form and substance
acceptable to the City and its attorneys, which shall become a part of this Agreement. In the
event that the required improvements are built and installed in accordance with the foregoing
standards and requirements as approved by the City Engineer, the deposit made in lieu of
bond and in accordance with the Escrow Agreement will be returned to the Developer at the
end of the Warranty Period. In the event that the construction and installation are not
completed or approved by the City, the deposit, or so much thereof as may be necessary,
shall be expended as provided in the Escrow Agreement.

7.3

The City, in its sole discretion, may, in lieu of a subdivision bond, accept an irrevocable
standby letter of credit exclusively in favor of the City, from an institution approved by the
City, for the total value and cost of installation of the Public and Private Improvements. Said
letter of credit shall be upon terms acceptable to the City and the City shall have the right to
demand payment of the letter of credit, or so much thereof as may be necessary, in the event
that the construction and installation are not completed or approved by the City.

7.4

Upon completion of the major improvements, specifically including but not limited to, all
Temporary Surface Courses, utility service, water service, sewer service, street lighting, and
drainage systems, and upon final inspection and acceptance by the City Engineer, the
Developer may request, and the City shall approve upon submission of appropriate
documentation as to the cost of completion of the remaining Public and Private
Improvements, a reduction in the amount of the subdivision bond, cashier's check, or letter
of credit, to an amount equal to 150% of the cost of completion of the remaining Public and
Private Improvements. Provided, however, in no event shall the amount of the subdivision
bond, cashier's check, or letter of credit be reduced to an amount which would be less than
the amount recommended by the City Engineer and approved by the Planning Commission
to secure the Developer's obligations and with respect to Developer's Warranty Period. The
subdivision bond, cashier's check, or letter of credit, and the amount required by the
preceding sentence, shall remain in full force and effect until the expiration of said Warranty
Period.

7.5

The City reserves the right in its sole discretion to refuse to accept any Subdivision Bond or
Letter of Credit from any institution, surety or bank. The City reserves the right in its sole
discretion to limit the amount any single institution, surety or bank may guarantee the City
whether under a single development agreement or as a total amount guaranteeing several
development agreements from multiple developers.

13

7.6

The City requires that regardless of any other requirement or language to the contrary, that
a provision be added in every subdivision bond or letter of credit that prior to the final
expiration date of the subdivision bond or letter of credit, the institution, surety or bank shall
provide to the City of Millington a written statement no earlier than 150 days and no later than
120 days prior to the final expiration date, that the subdivision bond or letter of credit shall
expire and will not be renewed as of that final expiration date.

7.7

The City requires that regardless of language to the contrary anywhere in the subdivision
bond or letter of credit, that the subdivision bond or letter of credit shall specifically state in
plain language that should any litigation arise in relation to the subdivision bond or letter of
credit, the proper jurisdiction and venue of such litigation shall be in the appropriate court in
Shelby County, Tennessee.

7.8

No subdivision bond or letter of credit will be accepted by the City unless the institution, surety
or bank issuing same is authorized and registered to do business within the State of
Tennessee and has a local branch (meaning within 100 miles of Millington, TN) for which
presentment of a draw is required.

7.9

No subdivision bond or letter of credit will be accepted by the City until such time as it has
been reviewed to the satisfaction of the City Engineer, City Planner, City Recorder, City
Inspector and the City Attorney.

7.10 Calculation of Security.
The amount of the Security described above shall be: NA
Based on an Engineer’s Estimate of the cost of Public Improvements the following costs
and reduction schedule is calculated for.
Cost of Public Improvements
1 Year inflation @ 6%
Street Lights

=
=
=

$
$
$

NA (Public Improvements < $25,000.00)
NA
NA

Total

=

$

0.00

* Cost of gas system, electric system and service is not included, it is managed by contract
with MLG&W. Telephone services are managed by local telephone company and likewise
cable services.
8.0

MISCELLANEOUS
8.1

Developer’s Responsibility
8.1.1

It is understood and agreed that the City is not and could not be expected to
oversee, supervise and/or direct the construction of all improvements
contemplated hereunder. Neither is the City Engineer vested with the original
design responsibility nor the means to formally survey elevations, capacity,
structural integrity, type, adequacy or the locations of improvements at every stage
of the construction process. The City Engineer is vested with the right of periodic
inspections, final approval and stop work order as a measure of secondary or
subsequent enforcement.
The Developer now has and shall retain the
responsibility to properly anticipate, survey, design and construct the development
improvements and give full assurance that same shall not adversely affect the flow
of surface water from or upon any property. In providing technical assistance, plan
and design review, the City does not and shall not relieve the Developer from or

14

accept any liability from the Developer. The Developer will provide his own Project
Engineer whose duty shall be to design improvements that comply with all
applicable Federal, State and local codes and ordinances.
8.2

Subdivision Plans and Specifications
8.2.1

8.3

Jeopardy of Building Permits
8.3.1

8.4

The Developer shall pay one hundred percent (100%) of any and all engineering
costs incurred by the City, in addition to those fees specifically set forth in Section
4, 5 and 6 of this Agreement, for review and oversight of the Subdivision. Payment
is due within 30 days from the date that the City issues a bill.

Attorney's Fees/Subdivision Review
8.7.1

8.8

The Developer shall comply with all applicable federal, state and local laws and
regulations and shall upon the City's request, furnish proof of compliance.

Engineering Costs Over and Above Fee Schedule
8.6.1

8.7

The Developer shall obtain and shall furnish to the City all necessary easements
to serve the Subdivision, said easements to be in form, type, size and character
as required by the Subdivision Regulations and/or as approved by the City
Engineer and acceptable to the City.

Compliance with Laws
8.5.1

8.6

Should the Developer fail to complete any part of the Subdivision in a good and
workmanlike manner as determined by the City Engineer, or shall the Developer
fail to comply with the contractual obligations of this Agreement then the City shall
have the right to withhold and withdraw all building permits, water and sewer
service within or to the Subdivision until the Developer has fulfilled all terms of this
Agreement, the Subdivision Regulations, and the plans and specifications
approved by the City.

Easements
8.4.1

8.5

The Subdivision Plans and specifications presented to the Planning Commission
for its approval shall be prepared by a licensed civil engineer, approved by the
City, and shall be subject to the review and recommendations of the City Engineer.

The Developer shall pay any and all attorney's fees incurred by the City in addition
to those fees specifically set forth in Sections 4, 5 and 6 of this Agreement for
review of documents, agreements, contracts, proposals and related materials
involved in Subdivision. Payment is due within 30 days from the date that the City
issues a bill.

Attorney's Fees/Code Amendments
8.8.1

In addition to those fees specifically set forth in Sections 4, 5, 6, 8.7 and 8.9 of this
Agreement, the Developer shall pay one hundred percent (100%) of the legal
costs, including, but not limited to attorney's fees, associated with any and all
amendments to the Millington Municipal Code related to the development of the
Subdivision. Payment is due within 30 days from the date that the City issues a

15

bill.
8.9

Attorney's Fees/Enforcement
8.9.1

Should the Developer default in any part of this Agreement and it becomes
necessary to engage an attorney to obtain compliance with this Agreement and/or
file necessary legal action to enforce provisions of the Agreement or sue for any
sums of money due and owning or liability arising incident to this Agreement, the
Developer agrees to pay to the City its reasonable Attorney's fees associated with
such action.

8.10 Effect of Agreement
8.10.1 This Agreement is supplemental and in addition to all federal, state, county and
local laws, regulations and requirements regarding the development of a
subdivision and is intended to augment, explain, expand and clarify said laws,
regulations and requirements. This Agreement may be changed, amended, or
terminated only by similar written instrument executed by all parties to be bound
thereby.
8.11 Parties Bound
8.11.1 All of the terms and provisions of this Agreement shall be binding upon, shall inure
to the benefit of, and be enforceable by and against, the parties hereto and there
respective heirs, executors, administrators, successors, and assigns.
8.12 Assignment Limited
8.12.1 The Developer may not assign or delegate its rights or duties under this Agreement
without the prior written consent of the City in each instance.
8.13 Severability
8.13.1 If any provision of this Agreement is held to be unlawful, invalid or unenforceable
under any present or future laws, such provisions shall be fully severable; and this
Agreement shall then be construed and enforced as if such unlawful, invalid, or
unenforceable provisions had not been a part hereof. The remaining provisions of
this Agreement shall remain in full force and effect and shall not be affected by
such unlawful, invalid, or unenforceable provision or by its severance herefrom.
Furthermore, in lieu of such unlawful, invalid, or unenforceable provision, there
shall be added automatically as a part of this Agreement a provision as similar in
terms to such unlawful, invalid, or unenforceable provision as may be possible,
and be legal, valid, and enforceable.
8.14 Headings Not Part of Agreement
8.14.1 The heading preceding each paragraph (if any) are inserted merely as a matter of
convenience and shall not be deemed to be a part of the Agreement terms.
8.15 Notices
8.15.1 All notices, demands and requests required or permitted by this Contract shall be
in writing (including telecopy communications) and shall be sent by facsimile
transmission, air or other courier, or hand delivery, as follows:

16

To:

CITY
City of Millington
Attn: Karen Findley, City Clerk
7930 Nelson Street
Millington, Tennessee 38053
Telephone:
Facsimile:
E-Mail:

901/873-5701
901/872-4113
[email protected]

Any notice, demand or request sent by facsimile transmission shall be deemed
given for all purposes under this Agreement when properly transmitted by
telecommunication device. Any notice, demand or request which is hand delivered
or sent by air or other courier shall be deemed given for all purposes under this
Agreement when delivered to the intended address.
8.16 Joinder of Owner
8.16.1 In the event that the Developer is not the owner of the Subdivision Site, the owner
joins in this Agreement and by the Owner’s execution of this Agreement, the owner
is jointly and severally liable for the representations, warranties, covenants,
agreements and indemnities as expressly set forth in this Agreement.
8.17 Disclosure of Ownership Interest
8.17.1 The Developer, at the filing of its initial application, completed a Disclosure of
Ownership Interest form with the City. The Developer hereby states, certifies and
confirms to the City that the information on that form is still true and correct as of
the Effective Date, if not then the form shall be revised if necessary. The Disclosure
of Ownership Interest form shall be attached as Exhibit “C” to this Agreement and
is incorporated herein by reference and made a part hereof.
8.18 Recording
8.18.1 At the option of either party to this Agreement, this document and all Exhibits
hereto may be recorded with the Shelby County Register’s Office.
IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals at Millington, Tennessee,
this the ___ day of _______________, 20___.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

17

DEVELOPER

By:
Title:
Date:

STATE OF TENNESSEE
COUNTY OF SHELBY
Before me, the undersigned Notary Public in the State and County aforesaid, personally
appeared ________________________, with whom I am personally acquainted, and who, upon oath,
acknowledged ______________ to be the __________________ for _______________, the within
named bargainor, and that he, as such ____________________, being authorized so to do, executed the
foregoing instrument for the purposes therein contained by signing the name of the corporation by himself
as such _____________________.
WITNESS my hand and Notarial Seal at office this ______ day of __________________, 20__.
____________________________________
Notary Public
My Commission Expires:

18

OWNER (if applicable):
________________________________________________
By:

__________________________________________

Title:

__________________________________________

Date:

__________________________________________

STATE OF TENNESSEE
COUNTY OF SHELBY
Before me, the undersigned Notary Public in the State and County aforesaid, personally
appeared ________________________, with whom I am personally acquainted, and who, upon oath,
acknowledged ______________ to be the __________________ for _______________, the within
named bargainor, and that he, as such ____________________, being authorized so to do, executed the
foregoing instrument for the purposes therein contained by signing the name of the corporation by himself
as such _____________________.
WITNESS my hand and Notarial Seal at office this ______ day of __________________, 20__.
____________________________________
Notary Public
My Commission Expires:

19

CITY OF MILLINGTON
By:
Mayor
Date:

STATE OF TENNESSEE
COUNTY OF SHELBY
Before me, the undersigned Notary Public in the State and County aforesaid, personally
appeared ________________________, with whom I am personally acquainted, and who, upon oath,
acknowledged ______________ to be the __________________ for _______________, the within
named bargainor, and that he, as such ____________________, being authorized so to do, executed the
foregoing instrument for the purposes therein contained by signing the name of the corporation by himself
as such _____________________.
WITNESS my hand and Notarial Seal at office this ______ day of __________________, 20__.
____________________________________
Notary Public
My Commission Expires:

APPROVED BY CITY ATTORNEY:
__________________________________

20

Exhibit “A”
Conditions of Approval
Planning Commission/Design Review Committee
Staff Reports were presented to the Millington Planning Commission on July 20, 2026. The
following submittals for Tennessee College of Applied Technology Aviation were approved with
the following conditions:

Final Plat
Conditions:
1. Improvements are to be the responsibility of the developer and not the responsibility of the City of
Millington.
2. All utilities and services (electric, telephone, cable, etc.) are to be installed underground. The water
service lines shall be installed with tracing wire at the top.
3. Each area reserved for storm water detention shall include a label specifying its acreage.
4. Areas reserved for storm water conveyance shall be illustrated on the plat and included in the note to
prevent building within these areas.
5. Label and graphical inconsistencies shall be updated in accordance with Planning Staff comments to
enhance the plat document’s overall readability.

Site and Design Review
Conditions:
1. Improvements are to be the responsibility of the developer and not the responsibility of the City of
Millington.
2. All utilities and services (electric, telephone, cable, etc.) are to be installed underground. The water
service lines shall be installed with tracing wire at the top.
3. All street trees shall be at least two and a half inch (2.5”) caliper upon planting and spaced at 40 ft on
center. In addition, street trees shall be placed so that they will not interfere with the overhead utility
lines or sidewalks along Veterans Parkway.
4. The Fire Department Connection (FDC) shall be moved off the face of the building so that it can be
accessed remotely.

21

Exhibit “B”
Payment-in-lieu of construction – Improvements
(If Applicable)

Not Applicable

22

Exhibit “C”
DISCLOSURE OF OWNERSHIP INTERESTS
In order to assist staff and appointed and elected officials of the City of Millington in complying with
Ordinances of the City relating to conflicts of interest, the following information is required to be furnished:
1. For Profit Entities. If the applicant submitting this Application (“Applicant”) is a for-profit, i.e.,
general partnership, limited partnership, corporation, limited liability company, R.E.L.T., a trust, or
any other form of for-profit business entity, the authorized representative of the Applicant must list
below the respective names and business or home addresses of all persons or entities which own
10% or more of the ownership interests in the Applicant. (If another business entity owns 10% or
more of the ownership interests in the Applicant, all persons owning a 10% or more interest in
such last mentioned entity must be identified by name and business or home address.) (If a trust
owns a 10% or more interest in the Applicant, all beneficiaries of 10% or more of the trust assets
must be identified by name and business or home address.) The amount of ownership interest
does not have to be disclosed.
Applicant: _____________________________________________________________________
Persons or Entities Owning 10% or More of the Ownership Interests of the Applicant:
Name
________________________

Business or Home Address
_________________________________________________

________________________

_________________________________________________

________________________

_________________________________________________

________________________

_________________________________________________

2. For Profit Entities. If the owner and any lessee of the land which is the subject of this Application
(“Owner and Lessee”) is a for-profit entity, i.e., general partnership, limited partnership,
corporation, limited liability company, R.E.L.T., a trust, or any other form of for-profit business
entity, the authorized representative of the Owner and Lessee must list below the respective
names and business or home addresses of all persons or entities which own 10% or more of the
ownership interests in the Owner and Lessee. (If another business entity owns 10% or more of
the ownership interests in the Owners and Lessee, all persons owning a 10% or more interest in
such last mentioned entity must be identified by name and business or home address.) (If a trust
owns a 10% or more interest in the Owner and Lessee, all beneficiaries of 10% or more of the
trust assets must be identified by name and business or home address.) The amount of
ownership interest does not have to be disclosed.
Owner and Lessee: ____________________________________________________________
Persons or Entities Owning 10% or More of the Ownership Interests of the Owner and Lessee:
Name
________________________

Business or Home Address
_________________________________________________

________________________

_________________________________________________

________________________

_________________________________________________

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________________________

_________________________________________________

3. Not for Profit Entities. If the applicant submitting the Application (“Applicant”) is a not for profit
entity, the authorized representative of the Applicant must list below the name and business or
home address of the President (or equivalent chief executive officer) and the members of its
board of directors:
Applicant: _____________________________________________________________________
President or Equivalent
Chief Executive Officer: _______________________________________________________
Members of the Board of Directors of the Applicant:
Name
________________________

Business or Home Address
_________________________________________________

________________________

_________________________________________________

________________________

_________________________________________________

________________________

_________________________________________________

4. Not for Profit Entities. If the owner and lessee of the land which is the subject of this Application
(“Owner and Lessee”) is a not-for-profit entity, the authorized representative of the Owner and
Lessee must list below the name and business or home address of the President (or equivalent
chief executive officer) and the members of its board of directors:
Owner and Lessee: _____________________________________________________________
President or Equivalent
Chief Executive Officer: _______________________________________________________
Members of the Board of Directors of the Owner and Lessee:
Name
________________________

Business or Home Address
_________________________________________________

________________________

_________________________________________________

________________________

_________________________________________________

________________________

_________________________________________________

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Exhibit “D”

As-built plans are required to be endorsed by a Tennessee Registered Professional Engineer and or a
Registered Land Surveyor. The following certification shall be added to all sheets of the plans.
AS-BUILT CERTIFICATION
I, _______________________________, hereby certify that the As-Built information shown on this drawing
is an accurate and complete representation of data established by a field survey performed under my
direction on _____________ (date), and that the improvements were constructed according to the approved
plans, except as otherwise noted hereon.
________________________________________
Name

______________________________
Date

SEAL

25

RESOLUTION 53-2026
RESOLUTION ACKNOWLEDING MAYOR’S APPOINTMENT OF BEN WOMBLE TO
SERVE AS THE CITY OF MILLINGTON'S REPRESENTATIVE ON THE CHICKASAW
BASIN AUTHORITY
WHEREAS, the Chickasaw Basin Authority was established pursuant to Title 64, Chapter
1 of the Tennessee Code Annotated to provide comprehensive water resources planning and to
develop coordinated, efficient, and orderly surface water management projects; and
WHEREAS, the Chickasaw Basin Authority works with local governments to promote the
effective use of federal, state, and local resources for water management, drainage improvements,
and flood mitigation projects within the Wolf River and its drainage area; and
WHEREAS, the City of Millington is represented on the Chickasaw Basin Authority by
the Mayor or the Mayor's designated representative; and
WHEREAS, Mayor Larry Dagen desires to appoint Ben Womble to serve as his
representative on the Chickasaw Basin Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND
ALDERMEN OF THE CITY OF MILLINGTON, TENNESSEE, that Ben Womble is hereby
appointed to serve as Mayor Larry Dagen's representative on the Chickasaw Basin Authority,
effective immediately upon adoption of this Resolution, and shall serve until a successor is
appointed or as otherwise provided by applicable law.
This Resolution is adopted as of the 9th day of November, 2026.

______________________________
Larry Dagen, Mayor

_______________________________
Karen Findley, City Clerk

RESOLUTION 54-2026
RESOLUTION ACKNOWLEDGING MAYOR’S APPOINTMENT OF FRANKIE
DAKIN TO THE GROUNDWATER QUALITY CONTROL BOARD
WHEREAS, Shelby County, Tennessee, Code of Ordinances, Chapter 42 Utilities,
Section 42-70 created a Groundwater Quality Control Board for the county; and
WHEREAS, the purposes of the Groundwater Quality Control Board are to secure,
protect and preserve the quality and quantity of the groundwater within the boundaries of the
county, and to abate existing pollution of the groundwater and to plan for future use; and
WHEREAS, the Board is composed of 11 members of which 5 are representatives
appointed by the municipalities in the county other than Memphis; and
WHEREAS, Mayor Larry Dagen desires to appoint Frankie Dakin to serve as the representative on
the Groundwater Quality Control Board.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND
ALDERMEN OF THE CITY OF MILLINGTON, TENNESSEE, that Frankie Dakin is hereby
appointed to serve as the City’s representative on the Groundwater Quality Control Board, effective
immediately upon adoption of this Resolution, and shall serve until a successor is appointed or as
otherwise provided by applicable law.
This Resolution is adopted as of the 9th day of November, 2026.

Larry Dagen, Mayor

Karen Findley, City Clerk