Private Acts of 1927 Chapter 171

PREAMBLE

WHEREAS, there is in the hands of the Trustees of Fentress County, in the form of a certified check, the proceeds of the sale of a bond issue made by the County of Fentress in pursuance of the enabling clauses found in Sections 2, 3 and 4 of the Act above referred to, amounting to Seventy-five Thousand ($75,000.00) Dollars principal, and Ten Thousand $10,000.00) Dollars premium, in all Eighty-five Thousand ($85,000.00) Dollars, and

WHEREAS, There is in the hands of the Alvin C. York Foundation the sum of $10,000.00 available and ready to be turned over for the benefit and use of the Alvin C. York Agricultural Institute in accordance with the provisions of Section 7 of the Act aforesaid; and

WHEREAS, W.L. Wright has conveyed to the Board of Trust of the Alvin C. York Agricultural Institute a certain tract or tracts of land, consisting of about 103 63/100 acres, near and adjacent to the town of Jamestown, in accordance with the provisions of Section 9 of the Act aforesaid, the title to which has been examined and approved by the Attorney General of the State; and

WHEREAS, the location of said school has been had and approved as required by said Act, and it has been provided by resolution approved by the State Funding Board, and the Attorney General of the State, that a branch of said school be established and known as the elementary branch thereof, to be located on the present High School site in Jamestown, and that for the purpose of constructing suitable buildings and equipment, there has been set apart, out of the total funds provided for, to witt (sic):  The $50,000.00 State fund, and the $50,000.00 County fund, and the $10,000.00 York Foundation fund--a sum not in excess of Twenty-five Thousand ($25,000.00) Dollars; and

WHEREAS, some controversy has arisen between the members of the Board of Trust as to the management and disposition of the funds and other matters relating to the development of said school;

Therefore, and in order to reconcile all differences, and to secure the speedy establishment thereof:

SECTION 1. That Chapter 809 of the Private Acts of 1925, providing for the establishment of the Alvin C. York Agricultural Institute at Jamestown, Tennessee, the caption of which is recited in the caption hereof, be and the same is hereby amended so as to abolish the Board of Trust named in Section 6 of the Act and elsewhere therein, and to substitute, in lieu thereof, the members of the State Board of Education (and their successors in office) and Alvin C. York, who shall constitute the Board of Trust created, established and referred to in the Act aforesaid, and shall be charged with all the duties and clothed with all the powers of the Board of Trust mentioned therein; it being the intention that Alvin C. York shall be one together with the members of the State Board of Education constituting the Board of Trust provided for by said Act. The said substituted Board of Trust shall succeed to all the rights and duties originally conferred by said Act upon the Board of Trust named therein, or that may be imposed hereby, and the old Board and its members are hereby discharged and released from all duties and obligations imposed therein upon them, and shall be required to perform no further or other duties in connection therewith, and none of the duties imposed hereby. All records, papers, documents and property in the hands of the old Board of Trust shall be turned over to the Board of Trust of the Alvin C. York Agricultural Institute hereby substituted.

SECTION 2. That said Chapter 809 of the Private Acts of 1925 be and the same is hereby further amended so as to provide:

1. The said substituted Board of Trust composed of the State Board of Education and Alvin C. York shall proceed forthwith to carry out and execuate (sic) all of the terms, provisions and conditions imposed by said Act upon the Board of Trust and as amended hereby.
2. The Board of Trust shall proceed immediately to the assembling of all the funds available for the purposes of the original Act, that is to say, of the $50,000.00  appropriated by the Act, the $50,000.00 proceeds of the Fentress County bonds, with its appropriate part of the premium, and the $10,000.00 in the hands of the Alvin C. York Foundation, and to the construction, erection and establishment of the Alvin C. York Agricultural Institute in accordance with the provisions of the original Act. To accomplish this purpose the said Board of Trust is hereby empowered and given full and complete authority to receive and handle each and all of the funds hereinbefore specified; the $10,000.00 in the hands of the Alvin C. York Foundation will be paid directly to the said Board of Trust, which is authorized to receive and receipt for the same as being in full compliance with all the provisions of the trust under which said fund is held; the $50,000.00 appropriated by the original Act shall likewise be paid over to said Board of Trust, and full power and authority is given to it to receive and receipt for the same, and the Comptroller of the Treasury and any other State official required by law to act in the matter, are required and directed to issue each voucher or receipt, and to pay over into the hands of the said Board of Trust of said fund of Fifty Thousand ($50,000.00) Dollars appropriated by the Act. The said Board of Trust is hereby directed, upon the receipt of the said (sic) $50,000.00 State fund and the $10,000.00 Alvin C. York Foundation fund, to deposit the same in some solvent and suitable bank in Fentress County, preferably in the Farmers Bank of Jamestown, if suitable security be given thereof, and to draw upon the same and expend it only as the same may be needed in connection with the building and establishment of the school. The said Board of Trust is also empowered to draw upon the Trustee of Fentress County for the funds in his hands due to the York School, to-wit, $50,000.00 proceeds of the Fentress County bonds, and the proportionate part of the $10,000.00 premium, but this fund will only be drawn upon when required and needed in connection with the building and construction of the school aforesaid. The Trustee may keep said funds on deposit with the Jamestown Bank until the same has been expended, provided said bank shall furnishs (sic) proper security therefor.

SECTION 3. That said Chapter 809 of the Private Acts of 1925, be further amended as follows:

The Board of Trust hereby created shall proceed to build and properly equip the buildings for school purposes, either on the W.L. Wright 103.63 acre tract, which has been deeded to the Insittute (sic), located about one mile north of the courthouse in Jamestown, or upon any other suitable land adjacent thereto which the Board of Trust may procure with good and unencumbered title; Provided, that it shall be the duty of said Board of Trust to construct and build an elementary branch of said school upon the Jamestown High School site of about 12 acres, expending for that purpose only such sum as in their judgment and discretion may be necessary, but in no event to exceed the sum of Twenty-five Thousand ($25,000.00) Dollars.

SECTION 4. That said Chapter 809 of the Private Acts of 1925 be further amended by striking out all of said Act which in any way conflicts with any of the provisions of this amendatory Act.

SECTION 5.  That this Act shall take effect from and after its passage, the public welfare requiring it.

Approved:  April 1, 1927.