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IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
(COLUMBIA DIVISION)

UNITED STATES OF AMERICA,

        Plaintiff,

v.

THE CITY OF MT. PLEASANT,                                     CIVIL ACTION NO.: 1-01-0069
TENNESSEE; CARL MARTIN;                                     Judge Higgins
SOUTH CENTRAL TENNESSEE
DEVELOPMENT DISTRICT; and

        Defendants.

ROSLYN Y. BAKER; CURTIS DANTE
LEE; JAMES BAKER; and
DOMINIQUE BAKER,

         Plaintiffs-Intervenors,

THE CITY OF MT. PLEASANT,
TENNESSEE; CARL MARTIN;
SOUTH CENTRAL TENNESSEE
DEVELOPMENT DISTRICT; and
ROGER JOE EVANS,

        Defendants.

Consent Order

1. On June 29, 2001, the United States filed this action against the City of Mt. Pleasant, Tennessee, Carl Martin, the South Central Tennessee Development District and Roger Joe Evans ("Defendants") on behalf of Roslyn Y. Baker, an African-American woman, and her three sons, Curtis Dante Lee, James Baker, and Dominique Baker, pursuant to the Fair Housing Act, Title VIII of the Civil Rights Act of 1968, as amended, 42 U.S.C. §§ 3601-3619. On August 16, 2002, the Court granted the motion to intervene of Mrs. Baker and her three sons ("Plaintiff-Intervenors"). 42 U.S.C. § 3612(o)(2).

2. Defendant City of Mt. Pleasant ("the City") is an incorporated city in the Middle District of Tennessee, approximately 40 miles south of Nashville. From early 1998 until November 1999, Defendant Carl Martin was employed as the Inspector and Code Enforcement Officer for the City's 1998 HOME program, a United States Department of Housing and Urban Development ("HUD") - funded program designed to provide rehabilitation services to low income homeowners. Defendant South Central Tennessee Development District ("the District") is an association of thirty-six municipal and thirteen county governments in Southern Middle Tennessee, organized to advocate and promote economic and community development within the region. The District contracted with the City to serve as the Program Administrator for the City's 1998 HOME program. Defendant Roger Joe Evans was a District employee assigned to work on the City's 1998 HOME program.

3. In its complaint, the United States alleges that Defendants discriminated against Mrs. Baker and her sons based on race by refusing to approve repairs to her home that were approved for white participants in the HOME program; providing Mrs. Baker with rehabilitation services that did not bring her home into compliance with local housing codes, while providing services to whites that did bring their homes into compliance with such codes; refusing to offer Mrs. Baker a replacement home until after she filed her HUD complaint while offering replacement homes to white participants; and recommending and authorizing more extensive and more costly rehabilitation services for white participants in the HOME program than were recommended and authorized for Mrs. Baker, in violation of the Fair Housing Act, 42 U.S.C. § 3605.

4. In their Answers to both the Complaint filed by the United States and the Complaint filed by Plaintiff-Intervenors, the City, Mr. Martin, the Development District and Mr. Evans each denied the allegations of discriminatory housing or housing assistance practices or conduct, and/or allegations of violations of the Fair Housing Act or any other federal, state or local law. The Defendants also denied that they engaged in any discriminatory practices in relation to Mrs. Baker or her three sons and denied that Mrs. Baker or her three sons had been injured as a result of any acts or omissions by the Defendants.

5. To avoid the substantial expense, time and effort of continued litigation in this matter, the parties agree that this action should be resolved by settlement, without a trial or other evidentiary hearing. Accordingly, the parties agree to the entry of this Consent Order, as indicated by the signatures appearing below.

Purposes of This Order

6. The parties have agreed to the entry of this Consent Order for the following purposes:

  1. To ensure, by the specific means set forth herein, that Defendants do not discriminate in the administration of housing or housing assistance programs on the basis of race;

  2. To provide compensatory relief to Mrs. Baker, and her three sons, for the injuries they allegedly have suffered as a result of Defendants' conduct; and

  3. For Defendants to buy their peace and settle all claims between the parties without admitting to, or there being an affirmative finding of, fault or discrimination by the Defendants.

General Nondiscrimination Provisions

7. Defendants, their employees, agents, assigns, anyone acting under their direction, and all those acting in concert or participation with any of them, are hereby enjoined from:

  1. Making unavailable housing or housing assistance to persons because of their race or color;

  2. Discriminating, based on race or color, in the terms or conditions of the provision of housing, housing assistance or financial assistance related to residential real estate transactions;

  3. Discriminating because of the race or color of any person in any aspect of the use or enjoyment of a dwelling;

  4. Engaging in any conduct which has the intent or effect of deterring, discouraging, and/or interfering on the basis of race or color with any person who is inquiring about or applying for housing or housing assistance; and

  5. Taking any other action in violation of the Fair Housing Act, 42 U.S.C. §§ 3601-3619.

Compensatory Relief

8. No later than one hundred and eighty (180) days after entry of this Order, Defendants will provide to Mrs. Baker a newly constructed replacement house, with the total cost for construction not to exceed Eighty-Seven Thousand, Five Hundred Eighty-Eight Dollars ($87,588.00), which will meet, at the minimum, the specifications outlined in Attachment 1 to this Order ("the Baker replacement home"). Defendants will pay, as allowed within the parameters of the HOME program guidelines, and subject to the approval of HUD and the Tennessee Housing Development Agency ("THDA"), moving expenses of the Baker family, and provide all necessary funds for construction of the Baker replacement home, including purchase of the lot selected by Mrs. Baker (Lot 6, Olive Street Extension, Plat Book 11, Page 270 ROMCT, City of Mt. Pleasant, Maury County, Tennessee), and all required permits, recording fees, surveys and variances. The total expenses for all items herein shall not exceed $87,588.00, unless any additional expenses are paid by Mrs. Baker pursuant to HOME program guidelines. To the benefit of Mrs. Baker and her minor children, the City will waive all fees for connection of utilities to the Baker replacement home, except electricity, which will be paid for with HOME funds. The Defendants will use a contractor approved by THDA through the regular bidding process; and the prior contractors, M & M Construction and Alexander Construction, shall not be included in the bidding process. Mrs. Baker and THDA will approve a contractor within fourteen (14) days of the bids being opened, unless the parties mutually agree to an extension of time.

9. The City alleges that it has applied to HUD and been approved to receive Urban Development Action Grant funds for the construction of the Olive Street Extension and utilities to service the lots on the Olive Street Extension. The City alleges that such funding has been withheld, pending resolution of this lawsuit. The City, once those funds have been released, will make every effort to construct the Olive Street Extension and utilities in order to facilitate construction of the Baker replacement home. It is understood by all parties that weather and other elements outside of the control of the Defendants may hinder the construction of the Olive Street Extension, as well as the Baker replacement home. As a consequence, this Court shall retain jurisdiction of this cause for purposes of mediating any disputes which may arise as a result of the construction of the Baker replacement home or the Olive Street Extension (as it relates to the Baker replacement home).

10. Defendants will provide Mrs. Baker with at least three (3) floor plans to review and will construct the Baker replacement home from the floor plan that Mrs. Baker selects. Upon the presentation of the floor plans to Mrs. Baker, she will select a floor plan within fourteen (14) days, unless the parties mutually agree to an extension of the selection period.

11. Consistent with the guidelines set forth in the State of Tennessee HOME Operations Manual and budgetary restraints, Defendants will provide Mrs. Baker with the opportunity to select reasonable and customary appliances and materials, including but not limited to light fixtures and floor coverings, to be installed in the Baker replacement home. Upon the presentation of appliances or materials to Mrs. Baker, she will select an appliance or material within fourteen (14) days, unless the parties mutually agree to an extension of the selection period.

12. Defendants Carl Martin and Roger Joe Evans will not be involved in the inspection of the Baker replacement home. Absent emergency or exceptional circumstances, Mr. Evans will not contact Mrs. Baker by telephone or in person regarding the construction or inspection of the Baker replacement home. Defendants will exert their best efforts to contract with Michael Braly, an independent building inspector, to supervise the construction and inspect the Baker replacement home as it is built. If Defendants cannot contract with Mr. Braly to supervise the construction and inspect the Baker replacement home, then Defendants will contract with another independent building inspector who is mutually agreeable to Defendants and the United States.

13. As soon as Mrs. Baker begins to occupy the Baker replacement home and for consecutive months thereafter, the City will reduce her utilities by One Hundred Dollars ($100.00) per month ("the reduction benefit"). If Mrs. Baker's utilities do not amount to One Hundred Dollars ($100.00) in any given month, then the City will extend the reduction benefit to the next month, for a twelve (12) month period or until such time as Mrs. Baker has received reduction benefits from the City amounting to One Thousand Two Hundred Dollars ($1,200.00).

14. Prior to Defendants' provision of the replacement home to Mrs. Baker, the City will waive Mrs. Baker's existing gas bill on 206 East Cooper Street, Mt. Pleasant, Tennessee 38874, as of October 31, 2002. Any gas expenses thereafter will be the responsibility of Mrs. Baker.

15. Within fifteen (15) days after entry of this Order, Defendants shall deliver to the United States a certified check for the sum of Seven Thousand Dollars ($7,000.00) payable to the order of Roslyn Y. Baker. Within one hundred and eighty (180) days after entry of this Order, Defendants shall deliver to the United States a certified check for the sum of Forty-Five Thousand Dollars ($45,000.00) payable to the order of Roslyn Y. Baker. These payments are intended to compensate Mrs. Baker for the alleged emotional distress and other injuries she claims to have suffered as a result of Defendants' alleged discriminatory conduct in violation of the Fair Housing Act. This payment will only be available for supplemental personal needs -- expenses other than food, clothing, residence upkeep, medical costs, or maintenance needs -- and is not intended to supplant current or future entitlement to public funds, e.g., Social Security Retirement Benefits, Disability Benefits, Survivors Benefits and/or Benefits For Children With Disabilities; Medicare; Medicaid/TennCare; Families First/Temporary Aid to Needy Families; Food Stamps; Federal Pell Grants, Supplemental Educational Opportunity Grants, Work-Study, Perkins Loans, Stafford Loans and/or PLUS Loans; and/or Tennessee Student Assistance Corporation Awards and Loans. The United States shall not deliver either check to Mrs. Baker until it has received from her an executed release of claims, in the form attached hereto as Attachment 2. The United States shall forward the executed release to Defendants at the same time as they disburse the initial check to Mrs. Baker.

16. The provision of the Baker replacement home and the monetary disbursement to Mrs. Baker in the amount of Fifty-Two Thousand Dollars ($52,000.00) shall constitute full and final settlement of any and all claims made or that could be made by Mrs. Baker against Defendants in connection with the transactions or occurrences referenced in the Complaint, including any and all claims for damages and for attorneys' fees and costs.

17. Within fifteen (15) days after entry of this Order, Defendants shall deliver to the United States a certified check for the sum of One Thousand Dollars ($1000.00) payable to the order of Curtis Dante Lee. This payment is intended to compensate Mr. Lee for the alleged emotional distress and other injuries he claims to have suffered as a result of Defendants' alleged discriminatory conduct in violation of the Fair Housing Act. This payment will only be available for supplemental personal needs -- expenses other than food, clothing, residence upkeep, medical costs, or maintenance needs -- and is not intended to supplant current or future entitlement to public funds, e.g., Social Security Retirement Benefits, Disability Benefits, Survivors Benefits and/or Benefits For Children With Disabilities; Medicare; Medicaid/TennCare; Families First/Temporary Aid to Needy Families; Food Stamps; Federal Pell Grants, Supplemental Educational Opportunity Grants, Work-Study, Perkins Loans, Stafford Loans and/or PLUS Loans; and/or Tennessee Student Assistance Corporation Awards and Loans. The United States shall not deliver the check to Mr. Lee until it has received from him an executed release of claims, in the form attached hereto as Attachment 3. The United States shall forward the executed release to Defendants at the same time as they disburse the afore-mentioned check to Mr. Lee.

18. The monetary disbursement to Mr. Lee in the amount of One Thousand Dollars ($1000.00) shall constitute full and final settlement of any and all claims made or that could be made by Mr. Lee against Defendants in connection with the transactions or occurrences referenced in the Complaint, including any and all claims for damages and for attorneys' fees and costs.

19. Within fifteen (15) days after entry of this Order, Defendants shall deliver to the United States a certified check for the sum of One Thousand Dollars ($1000.00) payable to the order of Roslyn Y. Baker, as Mother and Next Friend of James Baker. This payment is intended to compensate James Baker for the alleged emotional distress and other injuries he claims to have suffered as a result of Defendants' alleged discriminatory conduct in violation of the Fair Housing Act. This payment will only be available for supplemental personal needs -- expenses other than food, clothing, residence upkeep, medical costs, or maintenance needs -- and is not intended to supplant current or future entitlement to public funds, e.g., Social Security Retirement Benefits, Disability Benefits, Survivors Benefits and/or Benefits For Children With Disabilities; Medicare; Medicaid/TennCare; Families First/Temporary Aid to Needy Families; and/or Food Stamps. The United States shall not deliver the check to Mrs. Baker until it has received from her an executed release of claims, in the form attached hereto as Attachment 2. The United States shall forward the executed release to Defendants at the same time as they disburse the afore-mentioned check to Mrs. Baker.

20. The monetary disbursement to Roslyn Y. Baker, as Mother and Next Friend of James Baker, in the amount of One Thousand Dollars ($1000.00) shall constitute full and final settlement of any and all claims made or that could be made by James Baker against Defendants in connection with the transactions or occurrences referenced in the Complaint, including any and all claims for damages and for attorneys' fees and costs.

21. Within fifteen (15) days after entry of this Order, Defendants shall deliver to the United States a certified check for the sum of One Thousand Dollars ($1000.00) payable to the order of Roslyn Y. Baker, as Mother and Next Friend of Dominique Baker. This payment is intended to compensate Dominique Baker for the alleged emotional distress and other injuries he claims to have suffered as a result of Defendants' alleged discriminatory conduct in violation of the Fair Housing Act. This payment will only be available for supplemental personal needs -- expenses other than food, clothing, residence upkeep, medical costs, or maintenance needs -- and is not intended to supplant current or future entitlement to public funds, e.g., Social Security Retirement Benefits, Disability Benefits, Survivors Benefits and/or Benefits For Children With Disabilities; Medicare; Medicaid/TennCare; Families First/Temporary Aid to Needy Families; and/or Food Stamps. The United States shall not deliver the check to Mrs. Baker until it has received from her an executed release of claims, in the form attached hereto as Attachment 2. The United States shall forward the executed release to Defendants at the same time as they disburse the afore-mentioned check to Mrs. Baker.

22. The monetary disbursement to Roslyn Y. Baker, as Mother and Next Friend of Dominique Baker, in the amount of One Thousand Dollars ($1000.00) shall constitute full and final settlement of any and all claims made or that could be made by Dominique Baker against Defendants in connection with the transactions or occurrences referenced in the Complaint, including any and all claims for damages and for attorneys' fees and costs.

23. The parties shall exert their best efforts to resolve, in good faith, any issue that may arise regarding compliance with this Consent Order.

Affirmative Relief

24. Defendants, their officers and employees, shall take the following affirmative measures to ensure compliance with all state and federal fair housing laws and to ensure that, in the future, all housing programs administered or operated by them will be made available on an equal basis and under the same terms and conditions to all persons:

  1. Within thirty (30) days from the date of entry of this Order, Defendants Carl Martin and Roger Joe Evans, and any and all employees or officers of the City or the Development District, whose jobs, duties, or responsibilities are related to housing or housing assistance, shall each execute a statement, in the form of Attachment 4, verifying that he or she has read this Order; and that he or she understands his or her legal responsibilities under it and the Fair Housing Act, as amended, 42 U.S.C. § 3601 et seq.

  2. Within one hundred eighty (180) days after the entry of this Decree, Defendants Carl Martin and Roger Joe Evans, and any and all employees or officers of the City or the Development District, whose jobs, duties, or responsibilities are related to housing or housing assistance, shall attend a three (3) hour comprehensive training on the Fair Housing Act. Prior to attending the training program, Defendants shall collect and provide to the United States a copy of the agenda, topic summaries, and/or training materials to be used at the training program. Defendants may choose the provider, subject to the approval of the United States, and location of such training program. The content of the training program shall be approved in advance by the United States. Carl Martin, Roger Joe Evans and other employees or officers shall, after attending such training, execute a signed, dated statement, substantially in the form of Attachment 5, attesting that they have attended the training and will comply with the Fair Housing Act. Defendants shall furnish copies of these signed statements to the United States.

  3. If Defendants employ any other person to assist in the administration of a housing or housing assistance program administered or operated by Defendants during the term of this Order, Defendants shall, within ten (10) days of entering into such a relationship:

    1. instruct any such person in writing that the program shall be administered or operated in accordance with the Fair Housing Act, and that all participants in housing programs must be treated equally without regard to their race, color, religion, sex, disability, familial status, or national origin;

    2. furnish to each such employee a copy of this Order; and

    3. require all employees to sign the statement contained in Attachment 4 so as to indicate that he or she has read this Order and that he or she understands his or her legal responsibilities under it and the Fair Housing Act, as amended.

  4. All advertising related to any housing or housing assistance program administered or operated by Defendants which is placed in any newspaper or telephone directory, or on radio, television or other media, or on any sign, pamphlet, brochure, handout, business card, stationary, form or other writing that is routinely used to communicate with prospective applicants or participants, shall include the Fair Housing logo ("house with an "=" sign) and slogan ("Equal Housing Opportunity"). (1) The words shall be prominently placed and legible/audible.

  5. Defendants shall post in a prominent location in all offices utilized in relation to housing activities a sign no smaller than 11 inches by 14 inches that indicates that all housing programs are available to eligible participants on a nondiscriminatory basis.

  6. All standard housing program applications used by Defendants shall contain the following language: "We do not discriminate on the basis of race, color, sex, national origin, religion, disability, or familial status (having children under 18 years of age) in any program or activity related to housing or housing assistance."

  7. The costs of all measures required by this Section shall be borne by Defendants separate and apart from any funds they are obligated to expend herein.

Reporting

25. Defendants shall serve the following reports on counsel for the United States:

  1. Within thirty (30) days of the date of entry of this Order, Defendants shall provide a report indicating all actions taken to comply with each provision of this Order.

  2. Within two hundred and forty (240) days after entry of this Order, Defendants shall provide copies of the signed statements, Attachment 4 and Attachment 5 of any and all employees or officers of the City or the Development District, whose jobs, duties, or responsibilities are related to housing or housing assistance, attesting to their attendance at training on the Fair Housing Act.

  3. During the period in which this Consent Order is in effect, the Defendants shall notify counsel for the United States in writing within fifteen (15) days of receipt of any written or oral complaint against the Defendants regarding discrimination related to housing or housing assistance. If the complaint is written, Defendants shall provide a copy of it with the notification; if the complaint is oral, the Defendants shall include a written summary of it with the notification. The notification shall include the full details of the complaint, including the complainant's name, address, and telephone number. With the exception of information protected by attorney-client privilege or the work product doctrine, Defendants shall promptly provide the United States all information it may request concerning any such complaint and any actual or attempted resolution.

  4. Beginning one year from the date of entry of this Order, Defendants shall provide the United States with annual reports detailing:

    1. a brief description of any and all housing or housing assistance programs operated, administered, or funded by Defendants;

    2. the name, address, and race of any and all applicants for the housing or housing assistance program;

    3. the name, address, and race of each person who received a benefit from the housing or housing assistance program;

    4. a description and dollar value of the benefit received by each participant in the program; and

    5. the name of each employee or officer of the City or Development District, who was hired in the previous year to perform job duties or responsibilities related to housing or housing assistance, and copies of their signed statements of Attachment 6 and Attachment 7.

Dismissal and Enforcement

26. This Order shall remain in effect for three years and three months after the date of entry of this Order.

27. The claims for compensatory relief asserted in this action are dismissed with prejudice after signature of a release by Mrs. Baker and a release by Mr. Lee and (a) payment of the funds described in Sections 15,17,19and21 of this Order; and (b) provision of a Baker replacement home to Mrs. Baker, as specified in Section 8 of this Order. The claims for injunctive and affirmative relief asserted in this action are dismissed without prejudice, so that this Court shall retain jurisdiction of this action for the purpose of enforcing the ongoing injunction and affirmative relief provisions. If no motion to enforce this Order is filed with the Court on or before the expiration of three years and three months after entry of this Order, this action shall be dismissed with prejudice in its entirety.

28. Within fifteen (15) days after construction has been completed and the Baker replacement home is ready for occupancy, Defendants shall so notify the United States and Plaintiff-Intervenors. For thirty (30) days after notice has been given, Defendants shall make the Baker replacement home available for inspection by the United States, Plaintiff-Intervenors and their experts. If the United States and Plaintiff-Intervenors have grievances, complaints or concerns regarding the Baker replacement home, they shall so notify Defendants no later than sixty days (60) after Defendants' notice of the completion of construction has been given.

29. Plaintiff-Intervenor Roslyn Y. Baker agrees and understands that her replacement home is being built with HOME program funds and that nothing in this Consent Order shall preclude the application to her replacement home of HOME program regulations, including but not limited to the fifteen (15) year restriction placed on her ability to sell and/or fully profit from the sale of her replacement home. HUD and THDA shall be the sole entities to determine which, if any, exceptions shall be made from HOME program regulations.

30. Defendants agree and understand that nothing in this Consent Order shall preclude Mrs. Baker from exercising her right to file grievances and/or complaints, pursuant to the HOME program regulations, for matters arising after the date of entry of this Order.

31. The parties agree and understand that this Consent Order may be executed in counterparts and each counterpart or signature page, when executed, shall have the efficacy of a signed original; and that due to the geographical distance between the parties, each counterpart or signature page may not be filed with the Court on the same date

32. The parties shall endeavor in good faith to resolve informally any differences regarding the interpretation of and compliance with this Order prior to bringing such matters to the Court for resolution. Where a complaining party has contacted opposing counsel in writing in an attempt to resolve informally any differences, and opposing counsel has not responded within twenty (20) days of mailing, the complaining party has satisfied its good faith obligations.

The Court finds that this Consent Order contemplates the rights of minor children, James Baker and Dominique Baker, and the extinguishment of their rights and causes of action. The Court finds that Roslyn Y. Baker, mother and natural guardian of the minor children, has adequately and fully protected their rights and interests. The Court further finds that the mother and the minor children, as well as the adult child, Curtis Dante Lee, were represented by counsel throughout the mediation.

The Court finds that the compromise and settlement contemplated herein is in the best interests of the minor children, affords them the rights to which they are entitled and pursuant to Tenn. Code Ann. § 34-1-121, this Court finds that this settlement is binding on the minor children, as well as the mother and natural guardian of the minor children, Roslyn Y. Baker.

In the event of a violation by Defendants of this Order, the United States and/or the Plaintiff-Intervenors may move this Court to impose any remedy authorized by law or equity. The Court shall retain jurisdiction to enforce the terms of this Order.

The entry of this order shall constitute the final judgment in this action.


SO ORDERED this ____ day of ________, 2002;


The Honorable Thomas A. Higgins
United States District Judge



Agreed to by the parties as indicated by the signatures appearing on the next page:


For Plaintiff United States:

JAMES K. VINES
United States Attorney
ROBERT WATSON
First Assistant
    United States Attorney
Middle District of Tennessee
110 Ninth Avenue South
Suite A961
Nashville, TN 37203-3870
615-736-5151
615-736-5323 (fax)

RALPH F. BOYD, JR.
Assistant Attorney General
Civil Rights Division


_____________________________
JOAN A. MAGAGNA
Chief
ISABELLE M. THABAULT
Deputy Chief
KENNETH D. JOHNSON
Trial Attorney
Housing and Civil
Enforcement Section (G St.)
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Ave., N.W.
Washington, D.C. 20530
202-514-6781
202-514-1116 (fax)

For Plaintiff-Intervenors
Roslyn Y. Baker, Curtis Dante Lee,
James Baker and Dominique Baker

_____________________________
PHILIP L. DAVIDSON
2400 Crestmoor Road, Suite 107
Nashville, TN 37215-2032
615-386-7115
615-297-6005(fax)

___________________________________________________
ROSLYN Y. BAKER,
     as an individual,
     as mother and next friend of James Baker
     and as mother and next friend of Dominique Baker

____________________________
CURTIS DANTE LEE,
     as an individual


For Defendants City of Mt. Pleasant
and Carl Martin

_____________________________
PATRICK A. FLYNN
Fleming, Flynn & Sands, P.C.
207 West Eighth Street
P.O. Box 90
Columbia, TN 38402-0090
931-388-0832931-381-9530 (fax)


For Defendants South Central
Tennessee Development District
and Roger Joe Evans

_____________________________
ROBERT M. BURNS
Howell & Fisher, PLLC
Court Square Building
300 James Robertson Parkway
Nashville, TN 37201-1107
615-244-3370
615-244-3518 (fax)

ATTACHMENT 1

Defendants will provide to Mrs. Baker a newly constructed replacement home, with an interior measurement of at least 1500 square feet. The Baker replacement home will be built on Lot 6, Olive Street Extension, Plat Book 11, Page 270 ROMCT, City of Mt. Pleasant, Maury County, Tennessee. Consistent with the guidelines set forth in the State of Tennessee HOME Operations Manual, the Baker replacement home must meet all applicable local codes, rehabilitation standards, ordinances and zoning ordinances. In the absence of local codes, the Baker replacement home must meet the CABO One and Two Family Dwelling Code (1995 edition). The Baker replacement home must also meet the Model Energy Code for new construction.

The Baker replacement home must be built according to the following specifications and must contain the following items:

  1. Four (4) bedrooms, each with a privacy door and a closet with a door;

  2. Two (2) full bathrooms, each with a toilet, a vanity and a sink, and a bathtub/shower unit;

  3. A kitchen;

  4. A four (4) burner kitchen stove, at a cost not to exceed Four Hundred and Fifty Dollars ($450.00) and an exhaust fan and hood;

  5. A frost-free refrigerator with separate freezer compartment, at a cost not to exceed Eight Hundred Dollars ($800.00);

  6. A stainless steel kitchen sink and faucets;

  7. Stained and sealed, solid wood, birch base and wall kitchen cabinets with Formica counter-tops;

  8. Washer and Dryer hook-ups;

  9. A forty (40) gallon water heater;

  10. A living room;

  11. A dining room/area;

  12. Air-conditioning and central heat;

  13. Lighting fixtures;

  14. Electrical outlets of a sufficient number to meet code requirements;

  15. Floor coverings for each room, at a cost not to exceed Fifteen Dollars ($15.00) per square foot;

  16. A front porch constructed out of treated pine;

  17. A back porch and deck constructed out of treated pine;

  18. Security lighting and smoothing the lot after construction and seeding and strawing the lot;

  19. Exterior gutters;

  20. Vinyl siding and/or exterior painting;

  21. All others items required to meet the guidelines set forth in the State of Tennessee HOME Operations Manual and all applicable local codes, rehabilitation standards, ordinances and zoning ordinances; and

  22. An exterior, wood privacy fence, at a cost not to exceed Two Thousand Five Hundred Dollars ($2,500.00) and to be funded solely with funds provided by Defendant City of Mt. Pleasant.

ATTACHMENT 2

Release of Claims

In consideration for:

  1. The covenants and agreements made and reflected in the Consent Order entered by the United States District Court for the Middle District of Tennessee in the litigation styled United States, et al. v. City of Mt. Pleasant, et al., Case No. 1-01-0069;

  2. The newly constructed four (4) bedroom, two (2) full bath, 1500 SF replacement home, with the cost not to exceed Eighty-Seven Thousand, Five Hundred Eighty-Eight Dollars ($87,588.00), to be delivered to the undersigned, pursuant to said Consent Order; and

  3. The payment of Fifty-Four Thousand Dollars ($54,000.00) to be delivered to the undersigned, pursuant to said Consent Order;

I, Roslyn Y. Baker, on behalf of myself and as mother and next friend of my minor children, James Baker and Dominique Baker, and all our heirs, executors, administrators, successors, assigns, employees, and agents, hereby release and forever discharge the City of Mt. Pleasant, Tennessee, Carl Martin, South Central Tennessee Development District, and Roger Joe Evans in both their official and individual capacities, their respective employees, representatives, subsidiaries, agents, assigns, successors, and insurers, from any and all liability for any and all injuries, damages, claims, losses, costs (including litigation costs), attorney's fees or other demands of whatever kind, type or character which have been sustained, experienced, or incurred by me or my children, whether known or unknown at this time, whether in existence or not in existence at this time, or which may develop, appear or become worse, aggravated or disabling or result in any other consequences in the future, allegedly arising from the allegations contained in the afore-referenced litigation.

I declare under penalty of perjury that the foregoing is true and correct.


Signed this _______day of __________________, 2002.


___________________________________________________
Roslyn Y. Baker,
     as an individual,
     as mother and next friend of James Baker
     and as mother and next friend of Dominique Baker


ATTACHMENT 3

Release of Claims


In consideration for:

  1. The covenants and agreements made and reflected in the Consent Order entered by the United States District Court for the Middle District of Tennessee in the litigation styled United States, et al. v. City of Mt. Pleasant, et al., Case No. 1-01-0069;

  2. The payment of One Thousand Dollars ($1000.00) to be delivered to the undersigned, pursuant to said Consent Order;

I, Curtis Dante Lee, on behalf of myself and all my heirs, executors, administrators, successors, assigns, employees, and agents, hereby release and forever discharge the City of Mt. Pleasant, Tennessee, Carl Martin, South Central Tennessee Development District, and Roger Joe Evans in both their official and individual capacities, their respective employees, representatives, subsidiaries, agents, assigns, successors, and insurers, from any and all liability for any and all injuries, damages, claims, losses, costs (including litigation costs), attorney's fees or other demands of whatever kind, type or character which have been sustained, experienced, or incurred by me, whether known or unknown at this time, whether in existence or not in existence at this time, or which may develop, appear or become worse, aggravated or disabling or result in any other consequences in the future, allegedly arising from the allegations contained in the afore-referenced litigation. I declare under penalty of perjury that the foregoing is true and correct.


Signed this ____________ day of _______________________, 2002.


______________________
Curtis Dante Lee


ATTACHMENT 4


Statement of Receipt and Understanding of Consent Order and Fair Housing Act


I, ____________________________________________, hereby acknowledge that I have received copies of and read the Fair Housing Act, 42 U.S.C. §§ 3601-19, and the Consent Order entered by the United States District Court for the Middle District of Tennessee in United States, et al. v. City of Mt. Pleasant, et al., Case No. 1-01-0069.

I understand my obligation not to discriminate on the basis of race, color, national origin, religion, sex, disability, or familial status in providing housing, housing assistance or financial assistance in residential real estate related transactions.

I fully understand my legal obligations under the Fair Housing Act and the Consent Order. I agree to comply with the Fair Housing Act and the Consent Order.

______________________________
     Signature

______________________________
     Date


ATTACHMENT 5


Statement Regarding

Fair Housing Training


By my signature below, I attest that on the date specified below, I received Fair Housing Training, including training on my duty not to discriminate based on race, color, religion, sex, disability, familial status, or national origin in providing housing, housing assistance or financial assistance in residential real estate related transactions. I will fully comply, now and in the future, with all of my duties and responsibilities under the Fair Housing Act, as amended, 42 U.S.C. §§ 3601-3619.


Date of Training: ___________________________


Signed this ______ day of ___________________


_________________________________
     Signature





1. The Fair Housing logo and slogan are located on the HUD website http://www.hud.gov/library/bookshelf11/hudgraphics/fheologo.cfm


Document Filed: December 16, 2002.
General Information Housing and Civil Enforcement Section
 
Leadership
Steven H. Rosenbaum
Chief
Contact
Housing & Civil
Enforcement Section
(202) 514-4713
TTY - 202-305-1882
FAX - (202) 514-1116
To Report an Incident of Housing Discrimination:
1-800-896-7743
Mailing Contact
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Housing and Civil Enforcement Section, NWB
Washington, D.C. 20530

Email: fairhousing@usdoj.gov

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