Recorded In: OFFREC Book: 1235 Page: 47 Inst Num: 20027102 18 Pages No Tax Collected Fees: $0.00 Total: $0.00 STATE OF ALABAMA Recorded: 6/20/2024 4:27:10 PM COUNTY OF GENEVA Toby Geneva Seay, County, Probate Alabama Judge REGULAR SESSION May 13, 2024 The Geneva County Commission met in regular session on Monday, May 13 Chairman Seay called the meeting to order and welcomed guests present. Commissioner Fulford opened the meeting with prayer. Chairman Seay led the group in 2024, at 9:30 a.m. at the Geneva County Courthouse in Geneva, Alabama. the Pledge of Allegiance. There were no elected officials requesting to make public comment. There were no citizens requesting to make public comment. Chairman Seay called the roll, and the following members were present: Commissioners Weston Spivey, Todd Brannon, Bart Wilks, and Wade Fulford. County Attorney, Phil Eldridge; Engineer, Justin Barfield; Assistant Engineer, Mike Shirah; Sheriff, Tony Helms; EMA Director, Brian Smith; Revenue Commissioner, Mary Ann Ellison; and County Administrator, Cindy Williams was also present. The following business was transacted: MINUTES OF THE MEETING NEW BUSINESS: 1.Approve Minutes of April 23, 2024. Commissioner Fulford made a motion to approve the minutes of April 23, 2024. Commissioner Brannon seconded the motion. Vote was 4- 2. Mrs. Elaine Reeves was present to speak about Clay Bank Road. Mrs. Reeves stated that she has spoken to the County Engineer and Commissioner Wilks regarding the shape ofthe road, and both had told her the road has not been maintained by the County for twenty years. She stated that a citizen had been performing maintenance on the road because it was being kept up but now the road is not being maintained at all and is almost impassable. She is asking the Commission to consider maintaining the road and that it be made travelable and graded every other month. Mrs. Reeves stated she understood Geneva County's resources are limited and she has been in contact with Senator Katie Britt's office asking for assistance for Geneva County. Commissioner Wilks stated that in his research he discovered that Clay Bank Road (which was not named that at the time and Buck Bond Road) stopped being maintained by the County in the late 1980's. There isn nothing stating the reason behind the decision, but it has been that long since the county has maintained the road. Attorney Eldridge said that a lot oftimes people think that maintaining a road makes it a public road. When it is not deeded to the County that makes aj prescriptive public right-of-way, which is established by use by the general public for aj period oft twenty years, uninterrupted, non-hindered, and it can also lose its public character by abandonment and non-use by the general public for a period of 0. STATE OF ALABAMA COUNTY OF GENEVA REGULAR SESSION May 13, 2024 twenty years. Mr. Eldridge had researched the road andi in the early 1990's the maps show it as a field road and not as a public road. Just as Commissioner Wilks stated earlier up until the late 1980's Commissioners were Road Commissioners, and each oversaw the maintenance of roads in their district. Some maintained private field roads but this did not make the road a public road. The deeds to the two properties on the road do not describe ita as aj public road. The maps in the Reappraisal office do not show it as a public road. It does show it as a public road down to the section line between section 8 and 91 to the cross drain. The County does maintain to that line. There are hundreds of private field roads like this road in the County that are not maintained by the County. Section 94 ofthe Constitution prohibits the County from maintaining private property. Engineer Barfield spoke to the same stating that he has been with Geneva County for fourteen years and they have always maintained Clay Bank Road to the section line at the cross drain which isa approximately 1300 feet off the paved road. Attorney Eldridge stated from the ariel mapping, the field road appears to be on1 the Arnold's property and there is no evidence it was deeded to the County. Commissioner Wilks spoke to Mrs. Reeves stating that iti is not that the County is not willing to assist but iti is not a public road and therefore cannot be maintained by the County. As stated earlier, there are hundreds of these roads in the County and ift the County does one, they must maintain all of them, and the County is 3. Attorney Eldridge had ai refinancing agreement from Cadence Bank for two 2021 International Garbage trucks in the Solid Waste department. The balance owed is $180,000.00. The agreement is for three years at 5.78% interest with monthly payments of$5,458.02. Ifthe Commission desires to do this, they will need to adopt the resolution authorizing and approving execution of the agreement with Cadence Equipment Finance, a division of Cadence Bank, and authorize the Chairman to sign all related documents, which Mr. Eldridge has prepared and marked for his signature. Commissioner Brannon made ai motion to adopt the resolution authorizing and approving execution oft the agreement with Cadence Equipment Finance, a division of Cadence Bank, to refinance two 2021 International Garbage Trucks and authorize the Chairman to sign all related documents. Commissioner Fulford seconded the motion. Vote was 4-0. Chairman Seay reminded the Commission that the Solid Waste department is an Enterprise Fund which 4. Chairman Seay presented information to the Commission regarding insulation at the Farm Center. There is an area at the back gable that does not have insulation. While the contractor is doing the renovation, insulation could be placed there or once the metal panels are placed, that portion would sweat and cause issues later. The difference is $1,700.00 in the project. This is in the contingency allowance. The contractor and architect are both recommending insulation be installed toj prevent future problems. Commissioner Wilks made a motion to allow the contractor to install insulation at the back gable oft the Farm Center. Commissioner Spivey seconded the motion. Vote was 4- struggling now to maintain the roads we do have. iss separate from the regular County budget. 0. 2 STATE OF ALABAMA COUNTY OF GENEVA OLD BUSINESS: REGULAR SESSION May 13, 2024 1. Speed Limits in Bellwood and Eunola. Engineer Barfield stated this was a continuation of discussion from the previous meeting at which time Commissioner Wilks had asked him to review the speed limits in the Bellwood and Eunola communities, which both have residential areas. Mr. Barfield presented al listing ofroads in both areas that should have residential speed limits of2 25mph. After review and discussion Commissioner Wilks made a motion to approve the list presented by Engineer Barfield for residential speed limit signage in the Bellwood and Eunola communities. Commissioner Spivey seconded the motion. Vote was 4-0. STAFF REPORTS: Sheriff: Sheriff Helms stated that he is losing one deputy today but has someone to fill that position. He has another deputy in the process oft becoming a State Trooper that Vehicle maintenance is continuing to eat away at his budget. The older vehicles with high should have all his tasks completed by September. mileage are wearing out and requiring continuous maintenance. The Sheriffi is currently interviewing for the Records Clerk position. The Jail is currently staffed. At the last meeting, the Sheriff asked the Commission about purchasing a device for the Jail that detects presence, heart rate and respiratory rate. This device would bei installed in eight cells, which are the maximum security and medical exam cells. There are cameras in these areas put not in each cell and a Corrections Officer must physically check each cell every fifteen minutes. This device will be monitored from the Control Room and has an immediate alert ifs something is wrong with the inmate. He has asked the Sheriff's Association and has been told that Reassurance Solutions is the only company with this device. The device is offered through multiple companies, but it is the same device from Reassurance Solutions. The Sheriff received the information from CPC, who is the telephone provider for the. Jail, and they have partnered with Reassurance Solutions, the maker oft the device. The cost would be approximately $25,000.00 plus a yearly maintenance fee and it has at two-year warranty. Commissioner Wilks asked where the funds would come from toj purchase the device. Attorney Eldridge stated it could possibly come from the Opioid Fund; however, we would have to make certain it is an allowed use of the funds. At the Attorney's conference last week, the Attorney General cautioned that the Opioid funds should only be expended for valid, allowable purchases relating to opioid use, otherwise, the County could lose all the Opioid monies. The auditors also cautioned about sole source letters from vendors, stating that 99% oft the time there is no product that has only one supplier. The Commission tasked Attorney Eldridge with researching whether this would be an allowable expense from the Opioid Fund. County Administrator: Administrator Williams stated that last year the ACCA dida a survey regarding Cybersecurity that we participated in and now there is an application process that we can enroll into hopefully secure grant funding for Cybersecurity upgrades. Mrs. Williams asked the Commission ifs she could proceed with the grant application for Cybersecurity funding. Commissioner Brannon made ai motion to allow 3 STATE OF ALABAMA COUNTY OF GENEVA REGULAR SESSION May 13, 2024 the administrator to apply for grant funding through the ACCA for Cybersecurity upgrades. Commissioner Fulford seconded the motion. Vote was 4-0. Mrs. Williams stated she attended the Administrators Conference last week and insurance was ai major topic of discussion which included ensuring that only County employees are driving county vehicles; any time a non-employee is riding in a county vehicle it should be documented and noted that the individual is not covered by the county insurance; law enforcement claims are markedly up and going forward CRS will assess a twenty percent premium penalty for counties that have al high rate of1 law enforcement claims; lack of cameras in the jail was also noted, ensuring that there are proper views and no blind spots. Another topic was travel reimbursements and making certain there is some documentation of the class, meeting conference or other event attended attached to the reimbursement and itemized receipts for all expenses must be attached, otherwise the expense is not reimbursable or if charge was on county credit card, the expenditure must County Engineer: Engineer Barfield stated that several years ago he had submitted for a project through the Metropolitan Planning Organization in Houston County. At the time there were three roads that needed resurfacing, County Roads 68, 70 and 73. County Roads 70 and 73 have already been resurfaced, leaving County Road 68. We are in competition with the City of Dothan and Houston County for $1,600,000.00. They have awarded Geneva County approximately $300,000.00 to resurface 2.7 miles of County Road 68. The is a 50/50 project and set to let next year. Mr. Barfield presented a resolution for approval and signature. A complete plan package must be submitted, and the department has started the process for the plan. Chairman Seay stated that the bad news is those were the only three roads that fell under the MPO sO County Road 68 would be all we could obtain the funding for. Chairman Seay read the resolution, Commissioner Spivey made ai motion to approve the resolution and allow Chairman Seay tos sign. Commissioner Brannon seconded the motion. Vote was 4-0. Two years ago, Geneva County applied for and were awarded, a CDBG block grant for resurfacing roads in Bellwood. The Bellwood project is complete, and we can apply fora new grant. The grant is up to $500,000.00 and can only be expended to resurface roads in low-income areas. There are criteria the area must meet in the areas ofincome and houses per square mile; therefore, a densely populated area is required. The deadline for application is July 22, 2024, and a decision is needed on what area will be chosen by June to complete the application. The Engineering department will put together a plan of Since the last meeting drainage improvement projects have been completed on Caldwell The department is gearing up for right-of-way mowing. The roads that were resurfaced last year, County Roads 48,49 and 99 will be the first roads mowed since they were not mowed due to the resurfacing. Once those are complete, they will begin county wide. The storm water pipe for the round two. ARPA projects has been ordered and delivered. The grant was for $300,000.00 and the work on the eight sites must be completed by During the storm a week ago, lightning hit the Road & Bridge office taking out telephones, appliances, shop lights, and fuel pumps and they are having issues with the be reimbursed to the County by the employee. qualifying areas to present at the next meeting. Road and Bethesda Road. 2026. 4 STATE OF ALABAMA COUNTY OF GENEVA REGULAR SESSION May 13,2024 compressor and some other equipment. Chairman Seay said hel had been contacted by the IT professional and he recommended upgrades at the Road & Bridge office. Part ofthe office is fiber but not everything. The old lines are not favorable to lightening strikes and that office has had several strikes in the past few years. The recommendation is to connect the entire office to fiber at an estimated cost of $4,200.00. During the weather event last Thursday there were trees down across ten roads. Crews The timber bridge on L Vaughn Road, built in 1947 and completely revamped in 1991, was burnt this past weekend. There was information that a gentleman had put a small fire out on the bridge Saturday but that is not confirmed. Ifthat did happen it must not have been extinguished completely and the fire reignited. The fire was extinguished again yesterday but last night Mr. Barfield received pictures showing the bridge fully engulfed ini flames and a total loss. The bridge is a on a road that connects Tom Fain Road and County Road 42 over to County Road 99. The Sheriff's department has ai report on the fire. The bridge was a timber bridge, two fifteen-foot span, thirty-one feet long, sixteen feet wide, that has not had any issues. The Engineer has spoken with local bridge builders to get an estimated cost of replacement and the cost will be approximately $350,000.00. That is not in our budget, and hei is reaching out to see what options we have for replacement. Commissioner Spivey asked if foul play isi involved and ifs so, could we not put a reward out for information. Attorney Eldridge stated that was: not something the County could do, but the District Attorney could offer ai reward. SheriffHelms said he would check with the District Attorney. Commissioner Fulford asked ifi residents on the road had an alternate route and not trapped with no way to exit. The Engineer stated there were three houses on the north side and none on1 the south side and there is another way out. The Geneva City School system does have al bus route that will require rerouting. Road closed to through traffic barricades have been placed at County Road 42 and County Attorney: Mr. Eldridge stated that the Alabama Legislature passed ai new open records act, and the ACCA will be conducting a training session on July 17th and 18th for all County Attorney's and Administrators. Thé act goes into effect October 1,2024. Attorney Eldridge requested that the County Commission go into executive session to discuss with him a controversary where litigation is imminently likely ift the body pursues aproposed course of action. County Attorney stated he is a licensed practicing attorney in the State of Alabama and that the planned discussion fits into this category. Commissioner Fulford made ai motion to go into executive session at the end oft the Commission meeting. Commissioner Brannon seconded the motion. Vote was 4-0. Commission Chairman: Chairman Seay stated he received correspondence from the Alabama Department ofTransportation regarding the agreement transferring a portion of State Highway 52 to the County for the Rebuild Alabama four-lane expansion project on State Highway 52. This was previously discussed, and the Commission chose to wait until the project was close to completion before signing the agreement. The State has requested that the agreement be signed with an effective date close to their estimated opening date for the new: four-lane. Attorney Eldridge stated that the wording on the agreement seemed weak. It states that the County would assume ownership and worked last Friday clearing roads. County Road 99 and plaçed at the bridge site. 5 STATE OF ALABAMA COUNTY OF GENEVA REGULAR SESSION May 13, 2024 maintenance oft the road once a quit claim deed is executed and issued to the County. The Attorney and Engineer took issue with that wording because there was nothing about the State completing the resurfacing of what will be the old State Highway 52 before the County assumed ownership or completion ofthe new four-lane highway. Ifthe State agrees to change the wording to read "the County agrees to assume ownership and maintenance ofthe above-described roadway upon the States completion ofthe resurfacing of the above-described roadway, upon completion of construction oft the new highway and upon the completion and execution and delivery ofthe quit claim deeds attached as exhibit two". Ifthis change is made the Attorney and Engineer will be satisfied with the agreement. The Commission agreed and Chairman Seay will return the requested language to the Alabama Department ofTransportation. The Chairman stated that currently it looks like we will have some left over funds from the American Rescue Plan, barring any issues that could be discovered once the Courthouse project begins, that will have to be obligated by December 31, 2024 and Revenue Commissioner: Ms. Ellison stated the online tax lien auction will be held tomorrow. There are one hundred parcels in the auction. The auction is per parcel and in thirty second intervals. There are al lot ofindividuals signed up and approved by GovEase for the auction. With the tax lien sale, the property remains in the current owner's name and the buyer is just bidding on an interest rate for paying the taxes owed. The property tax notice will be sent to the property owner again next year which will include notice that there is a lien on the property that must be settled prior to paying the current year taxes. Ifthe property owner does not pay taxes again the person that purchased the tax lien auction certificate has the first chance at the second year ift they want to take it at the same interest rate, they bid for the first year. If at the end oft three years, they are the three-year successive bidder they can file a quite title through the Circuit Court and disbursed by December 31, 2026. receive a Circuit Court deed not a tax deed. Valuation notices have been mailed out for the 2024 year. EMA Director: Mr. Smith gave a weather update stating two to eight inches ofr rain is expected today and tomorrow. Solid Waste Director: Mrs. Smith was not present. E-911: Mr. Williams was not present. Auburn Extension: Ms. Marks was not present. Commissioner's: Commissioners had nothing new to report. Chairman Seay polled the Commissioners to go into executive session. Commissioner Spivey - yes, Commissioner Brannon - yes, Commissioner Wilks yes, Commissioner Fulford -yes. 6 STATE OF ALABAMA COUNTY OF GENEVA REGULAR SESSION May 13, 2024 Chairman Seay polled the Commissioners to enter back into the regular scheduled Commission meeting. Commissioner Spivey - yes, Commissioner Brannon - yes, Commissioner Brannon made a motion to adjourn. Commissioner Wilks seconded the The above constitutes the minutes oft the meeting oft the Geneva County Commission held Commissioner Wilks - yes, Commissioner Fulford -yes. motion. Vote was 4-0. on Monday, May 13,2024. hile LAVSl Eindy Williams County Administrator Sobun CommissionerTodd: Brannon bh Commissioner Wade Fulford" Commissioner Weston Batlk Commissioner Spivey AL Bart Wilks 7 SPECIAL STIPULATIONS SELLER: Cadence Equipment Finance a division of Cadence Bank 1222 Rogers Ave Fort Smith, AR 72901 dsih Title: Asrclartlhect Perk Date: 5-28-2034 BUYER: Geneva County, Alabama 2001 North Commerce Street Geneva,A AL36340 By: JWyay Title: Charma Date: My13,3024 -NONE- EXHIBITA DELIVERY ORDERN NO:014 Dated as of: May 113,2024 To Contract No: 70393-014 THIS DELIVERY ORDER is issued pursuant to a Contract dated as of January 22. 2018 (the "Contract"), between thej parties for the acquisition of the Equipment listed herein. All terms A.J PAYMENTS, TERM, TRANSPORTATION. AND DELIVERY COSTS. used herein have the meanings ascribed to them int the Contract. The Payments required under the Contract for the Equipment designated on this Delivery Order are included in Schedule A. A portion of each Payment is paid as and represents payment ofi interest as set forth in Schedule A hereto. Payments shall be due as set forth in Schedule A hereto. Buyer shall pay transportation and/or delivery costs, if any, as set forth in Schedule B hereto. B. LATE PAYMENTS. There will be a charge of $0 per month based on the amount of any Payments which remain umpaid for six (6) days after the due date. C.FISCAL YEAR. Buyer's fiscal year period is from Detober 1 to September30 D.CONCLUDING PAYMENT. Buyer shall have the option to purchase the Equipment described herein in accordance with Paragraph 14 of the Contract upon payment of the Concluding Payment Amount set forth in Schedule Al hereto plus the payment then due. E.EQUIPMENT DESCRIPTION. hereto and made a part hereof The Equipment as defined in the Contract includes the following: See Schedule A-lattached EXHIBITC F.E EQUIPMENTLOCATION. 2001 North Commerce Street, GENEVA., AL36340 G.. ALTERNATIVE INTEREST RATES. 1. Loss of interest deductibility under the Contract with respect to a change in designation of the Contract as a "qualified tax-exempt obligation" under Section 265(b) of the Internal Revenue Code of1986, as amended, will incur a rate ofnot less than 5%. 2. Loss of tax-exempt interest under the Contract (as described in Section 2(d) of the Contract) will incur ai rate ofnot less than 5%. H. REPRESENTATIONS. THE TERMS GOVERNING THIS DELIVERY ORDER ARE CONTAINED IN THE CONTRACT REFERENCED ABOVE AND APPLY WITH THE SAME FORCE AND Seller shall not be bound by this Delivery Order until it is executed by an authorized officer EFFECT. ASI IF SET FORTH FULLY HEREIN. of Seller at Seller's principal place ofbusiness. DATED as ofthe day and year first above stated on this Delivery Order. SELLER: Cadence Bank 1222 Rogers Ave Fort Smith,A AR72901 By: Title: Assldieet BUYER: Cadence Equipment Finance, a division of Geneva County, Alabama 2001 North Commerce Street Geneva, AL36340 By: Title: M T SCHEDULE. A-1 Geneva County, Alabama Master Lease Number: 7397 Delivery Order Number: 70393-014 One (1)2021 International HV607 Truck (VIN: HAEKTAIXMI3PO) with New Way Cobra One (1)2021 International HV607 Truck (VIN: HAEKTATIMIE39O8) with New Way Cobra Magnum Refuse Body (s/n: 21579M) Magnum Refuse Body (s/n: 21537M) Geneva County, Alabama 7397 002-0070393-014 Nominal Annual Rate: 5.780% Cash Flow Data Leases and Lease Payments Event - Lease Date 05/28/2024 Amount Number Period End Date 180,000.00 5,458.02 1 Lease Payment 06/28/2024 36 Monthly 05/28/2027 TValue Amortization Schedule Normal, 30E3/360 Lease Payment 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 Date Lease 05/28/2024 C 06/28/2024 C 07/28/2024 08/28/2024 09/28/2024 10/28/2024 1 11/28/2024 7 1 12/28/2024 2024Totals 01/28/2025 9 02/28/2025 10 03/28/2025 11 04/28/2025 12 05/28/2025 13 06/28/2025 14 07/28/2025 15 08/28/2025 16 09/28/2025 17 10/28/2025 18 11/28/2025 19 12/28/2025 2025Totals 20 01/28/2026 21 02/28/2026 22 03/28/2026 23 04/28/2026 24 05/28/2026 25 06/28/2026 Interest Principal 867.00 844.89 822.67 800.34 777.91 755.36 732.71 709.95 687.08 664.10 641.01 617.81 594.50 571.07 547.53 523.88 500.11 476.23 452.24 428.12 403.90 379.55 355.09 330.51 305.82 Balance 180,000.00 4,591.02 175,408.98 4,613.13 170,795.85 4,635.35 166,160.50 4,657.68 161,502.82 4,680.11 156,822.71 4,702.66 152,120.05 4,725.31 147,394.74 4,748.07 142,646.67 4,770.94 137,875.73 4,793.92 133,081.81 4,817.01 128,264.80 4,840.21 123,424.59 4,863.52 118,561.07 4,886.95 113,674.12 4,910.49 108,763.63 4,934.14 103,829.49 4,957.91 4,981.79 5,005.78 5,029.90 5,054.12 5,078.47 5,102.93 5,127.51 5,152.20 38,206.14 5,600.88 32,605.26 98,871.58 93,889.79 88,884.01 83,854.11 78,799.99 73,721.52 68,618.59 63,491.08 58,338.88 65,496.24 6,985.51 58,510.73 Pagelof2 Lease Payment 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 5,458.02 27,290.10 Date 26 07/28/2026 27 08/28/2026 28 09/28/2026 29 10/28/2026 30 11/28/2026 31 12/28/2026 2026Totals 32 01/28/2027 33 02/28/2027 34 03/28/2027 35 04/28/2027 36 05/28/2027 2027Totals Grand' Totals Interest Principal 281.00 256.06 231.01 205.83 180.53 155.11 129.57 103.90 78.12 52.20 26.01 389.80 26,900.30 Balance 53,161.86 47,959.90 42,732.89 37,480.70 32,203.21 26,900.30 21,571.85 16,217.73 10,837.83 5,432.01 0.00 5,177.02 5,201.96 5,227.01 5,252.19 5,277.49 5,302.91 5,328.45 5,354.12 5,379.90 5,405.82 5,432.01 65,496.24 3,512.53 61,983.71 196,488.72 16,488.72 180,000.00 Page2of2 EQUIPMENT ACCEPTANCE NOTICE TO: Cadence Equipment Finance, a division ofCadence Bank RE: Delivery Order No. 014 dated532024 to Contract dated January 22, 2018 (together, the "Contract"), by and! between Cadence Equipment Finance, a division of Cadence Bank, as Seller, and Geneva County, Alabama, as. Buyer This is to acknowledge that the delivery and/or installation of the Equipment, described in the above-referenced Delivery Order has been completed in accordance with the terms of the above-referenced Contract and that Buyer has duly delivered to and received in proper form all purchase orders, invoices or such forms or documents required by Buyer to assure commencement of Payments on 29" in accordançe with Section 2 of the Contract. The undersigned has inspected said Equipment. Said Equipment satisfies provisions of Section 2 of the above-referenced Contract, and it is accepted according to the provisions contained therein. BUYER: Geneva County, Alabama By: JAYIAI Title: Chaicman Date: May13,2024 EXHIBITD 739770393-014 CERTIFICATE WITH RESPECTTO QUALIFIEDTAX EXEMPT OBLIGATIONS authorized to cxecute that certain Contract, dated as of January 22,2018. (the "Contract") by and between Buyer and Cadence Equipment Finance, a division of Cadence Bank do hereby certify 1. This Certificate with Respect to Qualified Tax Exempt Obligations (the "Certificate") is executed for the purpose of establishing that the Contract has been designated by Buyer as a qualified tax-exempt obligation of Buyer for purposes of section 265(b)(3) of the Internal Ithe Chaifma of Geneva County, Alabama (the "Buyer"). am duly as follows: Revenue Code of1 1986 (the' "Code"). 2. Buyer is a political subdivision oft the State of Alabama. 3. The Delivery Order is being issued in calendar year 3024 4. Neither any portion of the gross proceeds oft the Contract nor the Equipment identified in the Contract shall be used (directly or indirectly) in a1 trade or business carried on by any person other than a govemmental unit, except for such use as a member of the general public. 5.1 No portion of the Payments identified in Section 5 oft the Contract: (a) is secured, directly or indirectly, by property used or to be used in a trade or business carried on by a person other than a governmental unit, except for such use as ai member oft the general public, or by payments in respect of such property; or (b) is to be derived from payments (whether or not to Buyer) in respect of property or borrowed money used or to be used for a trade or business carried on by 6. No portion oft the gross proceeds oft the Contract are used (directly or indirectly) to make 7.B Buyer has designated the Contract as a qualified tax-exempt obligation for purposes oft the Code, pursuant to a resolution adopted by the governing body of Buyer on 8. In calendar year 2024 Buyer had designated $641,470.00 tax-exempt obligations (including the Contract) as qualified tax-exempt obligations. Including the Contract herein SO designated, Buyer will not designate more than $10,000,000 of obligations issued during calendar year 2024 as qualified tax-exempt obligations. 9. Buycr reasonably anticipated that the total amount of tax-exempt obligations (other than private activity bonds) to be issued by Buyer during calendar year 2024 will not exceed 10. For purposes of this Certificate, the amount of tax-exempt obligations stated as either issued or designated as qualified tax-exempt obligations includes tax-exempt obligations issued by all entitics deriving their issuing authority from Buyer or by an entity subject to substantial any person other than a governmental unit. or finance loans to persons other than governmental units. eyi3,2024 of $10,000,000. control by Buyer, as provided in Section 265(b)(3)(E) oft the Code. 11. This Certificate is based on facts and circumstances in existence on this date. IN WITNESS WHEREOF, I have set my hand this 3th day of May 2024 Geneva County, Alabama By: DAMMNA Title: Chaifma Geneva Couaty Commission 200NCommerce: St. Geneva, A/36340 TEL:334684.5610 FAX-34684-5615 Toby. Scay grofPobt/Chaiman ofCommission Commissioners Weston Spivey Toddl Brannon District One District Two Bart Wilks Wadel Fulford District Three Districr Four COUNTY OF GENEVA "Heart of the Wiregrass" GENEVA, ALABAMA 36340 May 13, 2024 Cadence Equipment Finance, a division of Cadence Bank 1222 Rogers Ave Fort Smith, AR 72901 RE: Contract dated January 22, 2018 and Delivery No. 014, dated May 13, 2024 (together, the "Contract") Ladies and Gentlemen: The equipment purchased under the above-reterenced contract, and associated peripheral equipment that we are buying under said Department. The equipment will not be used in any private business The functions of the equipment will include use as garbage trucks for picking up and hauling solid waste and are deemed to be essential to the efficient operation of the Geneva County Solid contract, will be used by the or put to any private business use. Geneva County Solid Waste Waste Department. Sincerely, TOBY L. JMLANy my doc essential-use.lette: DISBURSEMENT REQUEST Pursuant to that certain Municipall Lease Contract No. 002-0070393-014 dated effective between Geneva County, Alabama and CADENCE EQUIPMENT FINANCE, A DIVISION OF CADENCE BANK, the parties hereto hereby request disbursement of funds in the amount andi manner described below. Please disburse to: Amount to disburse: Form of disbursement: Cadence Equipment Finance $180,000.00 payoff 70393-011 IN WITNESS WHEREOF: the parties hereto have executed this Agreement in muitiple counterparts, each ofv which is ands shall be considered an original for all intents and purposes, effective as oft the date first written above. By: Gesesa Cowsthyr Alaloane Name: Ioby b.Seay SyLey Title: Chaicman Date: May3,20a4