AEX32 Print - Harrison County

574

MINUTE BOOKBOARD OF SUPERVISORS. HARRISON COUNTY. MISSISSIPPI

APRIL 1997 'rERM

STATE OF MISSISSIPPI

COUNTY OF HARRISON

BE IT REMEMBERED, that a regular meeting of the Board of supervisors

of Harrison county, Mississippi was begun and held in the meeting room of

the Board of Supervisors of Harrison county, located in the First Judicial

District Courthouse at Gulfport, Mississippi, on the FIRST MONDAY OF APRIL

1997, being the 7th DAY OF APRIL 1997, the same being the time fixed by

law and the place fixed by the Order of the Board of Supervisors of said

County at a former meeting thereof for holding said meeting of said Board.

THERE WERE PRESENT and in attendance on said Board, Honorable Larry

Benefield, President of said Board, presiding; David V. LaRosa, Sr., and C. T.

SWitzer, Jr., members of said Board of Supervisors; Maudie Cuevas, Tax

Assessor for Harrison County, Mississippi; Joseph price, Sheriff of Harrison

County, Mississippi; and John MCAdams, Chancery Clerk and EX-Officio Clerk of

said Board. Supervisor Robin Alfred Midcalf was absent and excused for the

entire meeting; Supervisor Bobby Eleuterius was absent and excused for the

opening of the meeting but was present as indicated after item 2 on the

agenda.

WHEREUPON, after the proclamation of the Sheriff, the following

proceedings were had and done, viz:

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MINUTE BOOKBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

APRIL 1997 TERM

The Board President recognized the representatives of the Center for

I the prevention of child abuse and presented them with the resolution

declaring the month of April "National Child Abuse Prevention Month."

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Supervisor Eleuterius was present hereon after.

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Mr. Buddy Broadway and Mr. Jim Epting of B.M.C. Engineers appeared

before the Board to present their credentials and staff members.

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Mr. J. B. Morgan and Mr. Tony Eccles, members of the Mental Health

Consumer Coalition, appeared before the Board to discuss policies at T.L.C.

Mr. Jeff Bennett, director of the holding facility, welcomes any suggestions

to improve policies and preserve safety of the staff and patients.

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576MINUTE BOOK

BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPIAPRIL 1997 TERM

Mrs. Cheryl Ladner and other Saucier residents appeared before the

Board to oppose variance of buffer zone and operation of the waste tire

facility operated by wallace Clifford. Supervisor DAVID V. LAROSA, SR.

moved adoption of the following Order:

ORDER REQUESTINC THE BOARD ATTORNEY TO RESEARCH THELECAL MEANS AVAILABLE TO THE BOARD OF SUPERVISORS TOSTOP THE OPERA1'ION OF THE TIRE DISPOSAL FACILITYLOCATED ON SHAW ROAD, HARRISON COUNTY, MISSISSIPPI

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY REQUEST the Board Attorney to

research the legal means available to the Board of Supervisors to stop the

operation of the tire disposal facility located on Shaw Road, Harrison County,

Mississippi.

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supervisor C.T. SWITZER, JR. seconded the motion to adopt the above

and foregoing Order, whereupon the President put the Question to a vote ]

with the following reSUlts:

Supervisor BOBBY ELEUTERIUS voted

Supervisor LARRY BENEFIELD voted

Supervisor DAVID V. LAROSA, SR. voted

supervisor ROBIN ALFRED MIDCALF voted

Supervisor C. T. SWITZER, JR. voted

AYE,

AYE,

AYE,

(ABSENT & EXCUSED>

AYE.

The motion having received the affirmative vote from the majority of

the Supervisors present, the President then declared the motion carried and

the Order adopted.

THIS, the 7th day of April 1997.

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MINUTE BOOK 577BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

APRIL 1997 TERM

Supervisor BOBBY ELEUTERIUS moved adoption of the following Order:

ORDER ACKNOWLEDCINC RECEIPT OF AND SPREADINC UPONTHE MINUTES OF THE BOARD THE NUISANCE PETITIONPRESENTED BY THE RESIDENTS OF SAUCIER, MISSISSIPPIRELATED TO THE TIRE DISPOSAL FACILITY LOCATED ON SHAWROAD


MISSISSIPPI, that the Board does HEREBY ACKNOWLEDGE receipt of and spread

upon the Minutes of the Board the nuisance petition presented by the

residents of Saucier, Mississippi related to the tire disposal facility located on

~ Shaw Road, said petition being as follows, to-wit:

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578 MINUTE BOOKBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

APRIL 1997 TERM

PETITIONWE THE RESIDENTS OF SAUCIER MS. IN THE NEIGHBORING AREA OF TIRE DISPOSAL, LOCATED

ON SHAW RD., DO HEREBY PETITION TO THE BOARD TO CLOSE SAID FACILITY. FOR REASON BEING, ANUNATTRACTIVE NUISANCE, POTENTIAL HEALTH HAZARD AND HISTORY OF NON-COMPLIANCE WITHEXISTING PERMIT.

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APRIL 1997 TERM

PETITION

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WE THE RESIDENTS OF SAUCIER MS. IN THE NEIGHBORING AREA OF TIRE DISPOSAL, LOCATEDON SHAW RD., DO HEREBY PETITION TO THE BOARD TO CLOSE SAID FACILITY. FOR REASON BEING, ANUNATTRACTIVE NUISANCE, POTENTIAL HEALTH HAZARD AND HISTORY OF NON·COMPLIANCE WITHEXISTING PERMIT.


APRIL 1997 TERM

PETITION]

WE THE RESIDENTS OF SAUCIER MS. IN THE NEIGHBORING AREA OF TIRE DISPOSAL, LOCATEDON SHAW RD., DO HEREBY PETITION TO THE BOARD TO CLOSE SAID FACILITY. FOR REASON BEING, ANUNATTRACTIVE NUISANCE, POTENTIAL HEALTH HAZARD AND HISTORY OF NON-COMPLIANCE WITHEXISTING PERMIT.

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APRIL 1997 TERM


I and foregoing Order, whereupon the President put the question to a vote

with the following results:

581






AYE,

AYE,

AYE,

(ABSENT & EXCUSEDl

AYE.


the supervisors present, the president then declared the motion carried and

the Order adopted.


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582MINUTE BOOK


Supervisor DAVID V. LAROSA, SR. moved adoption of the following

Order:

ORDER APPROVING CLAIM OF MR. AND MRS. JAMES AMMONS,JR. IN THE AMOUNT OF $5,195.88, AS RECOMMENDED BYASSOCIATED ADJUS'rERS, INC.


MISSISSIPPI, that the Board does HEREBY APPROVE the claim of Mr. and Mrs.

James Ammons, Jr. in the amount of $5,195.88, as recommended by

Associated Adjusters, Inc.

supervisor BOBBY ELEUTERIUS seconded the motion to adopt the

above and foregoing Order, whereupon the President put the question to a

vote with the fOllowing reSUlts:

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supervisor BOBBY ELEUTERIUS voted

supervisor LARRY BENEFIELD voted




AYE,

AYE,

AYE,

(ABSENT & EXCUSED)

AYE.

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the supervisors present, the President then declared the motion carried and

the Order adopted.


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APRIL 1997 TERM

The fol!owing C2me on fo:- cons!derJtion by the BOJrd:

RESOLUTION

583

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There next came on for discussion the execution of Lease by and between the GULFPORT-

BILOXI REGIONAL AIRPORT AUTHORITY as Lessor and the HARRISON COUNTY

DEVELOPMENT COMMISSION and the Harrison County Board of Supervisors, jointly acting

for and on behalf of Harrison County, Mississippi, as Lessee and the execution of a Sublease

by and between HARRISON COUNTY DEVELOPMENT COMMISSION and the Harrison

County Board of Supervisors, jointly acting for and on behalf of Harrison County, Mississippi,

sublessor and Americas Cargo Enterprises, Inc. as sublessee, leasing and simultaneously

subleasing certain real property located the Gulfport-Biloxi Regional Airport, in the First Judicial

District of Harrison County, Mississippi and being more fully described in said Lease andFrank Castiglia, Jr.

Sublease. After a general discussion of the subject, Commissioner offered the

adoption of the foIlowing Resolution:

A RESOLUTION OF THE HARRISON COUNTY DEVELOPMENT COMMISSIONAUTHORIZING ITS PRESIDENT AND SECRETARY TO EXECUTE AND ENTER INTOA LEASE AGREEMENT WHEREIN HARRISON COUNTY LEASES FROM THEGULFPORT-BILOXI REGIONAL AIRPORT AUTHORITY CERTAIN REAL PROPERTYLOCATED AT THE GULFPORT-BILOXI REGIONAL AIRPORT AND FURTHERAUTHORIZING THE PRESIDENT AND SECRETARY OF THIS COMMISSION TOSIMULTANEOUSLY EXECUTE AND ENTER INTO A SUBLEASE OF SAID REALPROPERTY WHEREIN SAID REAL PROPERTY IS SUBLEASED TO AMERICAS CARGOENTERPRISES, INC. FOR THE PURPOSE OF CREATING AN AIR CARGO FACILITYWITHIN HARRISON COUNTY, MISSISSIPPI AND REQUESTING THE HARRISONCOUNTY BOARD OF SUPERVISORS TO CONCUR HEREIN AND TO RATIFY THEEXECUTION OF SAID LEASE AND SUBLEASE AND TO SPREAD A COPY OF SAMEUPON THEIR MINUTES.

BE IT RESOLVED by the Harrison County Development Commission that:

WHEREAS, the Harrison County Development Commission does find and so adjudicate

that it would be in the public interest to lease from the Gulfport-Biloxi Regional Airport

Authority certain real property located at the Gulfport-Biloxi Regional Airport and to

584MINUTE BOOK


simultaneously sublease said real property to Americas Cargo Enterprises, Inc. for the purpose of

creating an air cargo facility at the Gulfport-Biloxi Regional Airport; and

WHEREAS, said lease is a pass through lease in which the obligations of the Sublessee are

identical to the obligations ofthe sublessor; and

WHEREAS, the specific terms and conditions of said lease and sublease are articulated in

the lease and sublease which are attached hereto as Exhibits "A" and "B" respectively; and

WHEREAS, the HARRISON COUNTY BOARD OF SUPERVISORS should be requested

to concur herein, ratify the execution of said lease and sublease and spread copies of same upon

its minutes. It is therefore,

RESOLVED, that the President and Secretary of the Harrison County Development

Commission are hereby authorized and directed to execute the lease and sublease attached as

Exhibits "A" and "B" respectively.

COMMISSION 1v1EMBER Man' Bankston seconded the motion, and on a roll call vote, the

result was as follows:

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Commissioner Mary BankstonCommissioner Frank Castiglia, Jf.Commissioner Logan C. Cline, Jf.Commissioner Esther ColemanCommissioner Louis EliasCommissioner Cy FanecaCommissioner Franklin KyleCommissioner W. R. "Billy" LyonsCommissioner Don MasonCommissioner L. 1. PattersonCommissioner Jimmy Walker, Sf.Commissioner Elmer Williams, President

Voted:~Voted:~Voted: AbsentVoted:~Voted:~

Voted: ~Voted: AbstainedVoted:~

Voted AbsentVoted:~

Voted:~

Voted:~

A majority of the Members present and voting in the affirmative, the President declared the

motion carried and the resolution adopted on the 25 th day of March, 1997 ]

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APRIL 1997 TERM


COUNTY OF HARRISON

CERTIFICATE

I, Kecia Walker, Secretary of the Harrison County Development Commission, hereby

certify that the attached Resolution and Orderdate~ dS/ /997 , are true

and correct copies of such Resolution and order adopted on such date.

WlTNESS MY SIGNATURE, till, th, 020,ad,y of~ , t997.

Kecia Walker, SecretaryHarrison County Development Commission

BY~ J/&Idd-NOTAR UBLIC .

(SEAL)

FJSSlPPI STATEWIDE NOTARY P.lJ:::1JC- l:OIlIIlSSK»I EXPIRES AUO: 15; 2000'

586MINUTE BOOK


LEASE FOR CARGO BASE OPERATOR

BY AND BETWEEN

GULFPORT-BILOXI REGIONAL AIRPORT AUTHORITY

AND

COUNTY OF HARRISON, STATE OF MISSISSIPPI

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APRIL 1997 TERM

TABLE OF CONTENTS

587

Article 1.

Article 2.

Article 3.

Article 4.

Owner/Tenant Relationship 2

Leased Premises 2

Term '" 3

Uses and privileges

4.014.02

Permitted and Required Uses '" 3Prohibited Uses 3

Article 5. Rentals and Accounting

Triple Net Lease 5IArticle 6.

Article 7.

Article 8.

5.01

5.02

5.03

Sublease

7.017.027.03

Conditions

Base Rental andEscalation of Base Rental 3Payment from. Subtenant toTenant 4CPI Adjustments 4

Entry Into Sublease 5Enforcement of Provisions 5Default 6

8.018.028.038.048.058.068.078.088.09

8.10

8.11

8.12

8.13

Non-Discrimination 6Subordination of Agreements 6Non-Exclusive Rights ,. 6Right of Flight 7Obstructions " 7Right to Develop Airport 8Right to Amend 8Part 77 Notification 8Ramp Space to be Maintainedby Tenant " "Tenant's Services NotDiscriminatory 9Ramp Space to be Providedby Tenant .. " , '" '" 9Users of Ramp Space Allowedto Use Other Operators 9Users of Ramp Space Allowedto Service Own Aircraft .

Article 9. Redelivery of Premises , 9

Cancellation by Owner

Title to Improvements 10

IArticle 10.

Article 11.

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11. 0 111.02

11. 0311.0411. 0511.06

11. 07

11. 0811. 0911.10

Nonpayment of Monies 10Nonpayment of Monies bySubtenant 10Default of Tenant 11Default of Subtenant llReplacement Subtenant 11Default by ReplacementSubtenant 12Enforcement of DefaultProvisions 12Acceptance of Rent Not Waiver 12Subsequent Default 13Possession 13

588MINUTE BOOK


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Article 12.

Article 13 .

Article 14.

Exhibit "1"

Exhibit "A"

Cancellation by Tenant 13

L'easeExtens ion 13

Notice 14

Sublease

Air Cargo Facility Survey

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APRIL 1997 TERM

STATE OF MISSISSIPPICOUNTY OF HARRISONFIRST JUDICIAL DISTRICT

CARGO BASE OPERATOR LEASEWITH HARRISON COUNTY DEVELOPMENT COMMISSION

THIS INDENTURE is made and entered into on this, the day

589

of 1997, by and between the GULFPORT-BILOXI

REGIONAL AIRPORT AUTHORITY, a corporate body politic of the State

of Mississippi (hereafter referred to as "Owner") and COUNTY OF

HARRISON, STATE OF MISSISSIPPI, THROUGH ITS AGENT, THE HARRISON

COUNTY DEVELOPMENT COMMISSION, (hereafter referred to as "Tenant").

WHEREAS, Owner now owns certain property known as the

WHEREAS, Tenant desires to enter into a relationship with

"Airport"), situated in Harrison County, Mississippi; and

IGulfport-Biloxi Regional Airport (hereafter referred to as

Owner for the purpose of having a subtenant cargo base operator,

render various aviation services on a commercial basis to cargo

patrons of the Airport; and

WHEREAS, Tenant desires to lease a bareground site, on which

it will erect a cargo office and warehouse facility; and

WHEREAS, Subtenant's cargo base operator will use existing

public ramps and taxiways from which to service said cargo patrons;

and

WHEREAS, the Subtenant's cargo base operator shall meet the

Minimum Standards for Operators and Businesses at the

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Gulfport/Biloxi Regional Airport Authority; and

WHEREAS, Owner is willing to lease Tenant, solely for purposes

of developing an air cargo base operation through a Subtenant cargo

base operator, a portion of said Airport premises, together with

such rights and privileges as are set forth in this agreement;

NOW, THEREFORE, the parties hereto, for and in consideration

of the rents, fees, charges, covenants, agreements, terms and

conditions contained herein, agree and covenant as follows:

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590MINUTE BOOK


ARTICLE 1

OWNER/TENANT RELATIONSHIP

The relationship created herein is that of Owner on the part

of the Gulfport/Biloxi Regional Airport Authority, and Tenant on

the part of Harrison County, Mississippi.

The Owner hereby demises and lets unto the Tenant, and the

'l'enant hereby hires and accepts from the Owner, the property,

spaces, facilities, equipment, services, privileges, licenses,

uses, rights and improvements stated in this Lease.

ARTICLE 2

LEASED PREMISES

The property leased by the Owner to the Tenant is situated on

the Gulfport/Biloxi Regional Airport in the First Judicial District

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of Harrison County, Mississippi, Section 26, Township 7 South,

Range 11 West. Said property is comprised of two (2) parcels, ]identi f ied as Areas "1" and "2", respectively, on the Air Cargo

Facility Survey, attached hereto and incorporated herein by

reference, as Exhibit "A". The legal descriptions for Areas "1"

and "2", respectively, are also attached hereto and incorporated

herein by reference, as part of Exhibit "A".

The leasehold interests granted by the Owner to the Tenant are

as follows:

(1) The Tenant is granted the exclusive use of Area "1", as

described in Exhibit "A".

(2) The Tenant is granted the non-exclusive use of the ramp

space identified as Area "2" on Exhibit "A".

Tenant accepts the leased premises and improvements on the

leased premises in their present condition as being adequate for

Tenant's purposes, and Owner shall have no special obligation to

Tenant to make any improvements or modifications to the premises or

appurtenances located upon said premises.

The Tenant is prohibited from erecting any bUildings or

structures whatsoever, of any kind, type, or character, on Area

"2"; but may erect buildings and structures on Area "1".

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APRIL 1997 TERM

ARTICLE 3

TERM

The term of this lease shall be for a period of eleven (11)

consecutive years beginning on the first day of June 1, 1997, and

ending on the 31st day of May, 2008.

ARTICLE 4

USES AND PRIVILEGES

591

4.01 Permi t ted and Required Uses. The sole use of the

property leased herein is for a cargo base operation to be operated

by a qualified cargo based operator. The leasehold property shall

not be used for any purpose other than the purpose stated herein,

except as allowed by Paragraph 10.05.

authorized and approved

ARTICLE 5

in this Lease are pronibited.I4.02 Prohibited Uses Any and all uses not expressly

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RENTALS AND ACCOUNTING

Tenant covenants to pay Owner in accordance with the

provisions in Article 5. Tenant may, at Tenant's sole discretion,

assign Subtenant's payments directly to Owner. Rentals, payable by

the Tenant to the Owner, for the real property, premises,

facilities, rights, licenses, services, privileges and uses stated

in this Lease are as follows:

5.01 Base Rental and Escalation of Base Rental. The annual base

rent will be determined for a twelve month period on June 1 of each

year throughout the term of this Lease and subject to escalation by

the Consumer Price Index (CPl) in accordance with paragraph 5.03. The

annual base rent from June 1, 1997 to May 31, 1998, is as follows:

(1) For the exclusive use of the bareground site measuring Five

and 39/100 (5.39) acres, more or less demised on Exhibit

Tenant shall pay Owner a base rent of

Twelve Thousand and No/100 Dollars ($12,000.00) per year,

payable in monthly installments of One Thousand and No/100

Dollars ($1,000.00) in advance on or before the

twentieth (20th) day of the calendar month during which

payment is due; and

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APRIL 1997 TERM

(2) For the non-exclusive use of the concrete ramp area

measuring Four and 17/100 (4.17) acres, more or less,

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demised on Exhibi t IIA II as Area "2 II I Tenant shall pay

Owner a base rent of Six Thousand, Three Hundred and

No/IOO Dollars ($6,300.00) per year, payable in monthly

installments of Five Hundred Twenty-Five and No/IOO

Dollars ($525.00), in advance on or before the twentieth

(20th) day of the calendar month during which payment is

due.

5.02 Payment From Subtenant to Tenant. The payments to Owner

from Tenant, stated in Paragraph 5.01 shall be due and payable by

Tenant to Owner only to the extent Subtenant pays said sublease

rentals to Tenant, either voluntarily or as a result of collection

1 i tigation, throughout the initial term of this Lease and any

extension thereof.

5.03 CPI Adjustments. Beginning June 1, 1998, and on June 1

of every year throughout the term of this Lease, the annual base

rental shall be increased or decreased in the same proportion that

the index figure of the Consumer Price Index (CPI), (1982-84=100)

published by the Bureau of Labor Statistics, United States

Department of Labor, for the United States, has increased or

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decreased from the January, 1997, index, which was 159.1.

January, 1997 index is the CPI Base Index for this Lease.

This

If the Bureau of Labor Statistics should, at any time during

the term of this Lease, revise or change the methods or basic data

used in calculating such index in such a way as to affect the

direct comparability of such revised or changed index with the CPI

Base Index, the Owner and Tenant agree to follow said conversion

factor exclusively in calculating the increased rental.

If the Consumer Price Index, as now constituted, compiled and

published during the term hereof is changed, then the Bureau of

Labor Statistics shall be requested to furnish a statement

converting the CPI Base Index figure of January, 1997, to a figure

that Would be comparable in another index published by the Bureau

of Labor Statistics and such other index shall be used and

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APRIL 1997 TERM

followed exclusively in computing the rental increase provided

above.

If no conversion or other index is available, then said rent

shall increase annually at the rate of four percent (4%) of the

rent for the preceding twelve (12) months.

It is understood and agreed that the aforementioned rental

593

increases, by any of the aforementioned methods, shall

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automatically increase the monthly installments for each successive

twelve (12) month period, for the entire term of this Lease. It

is also understood and agreed that the rentals stated in Article 5

are due and owed and payable for the entire term of this Lease or

any extensions of this Lease whether or not Tenant's operations

cease for any reason and whether or not Tenant uses said leased

area or facilities, unless otherwise occupied by another tenant or

otherwise suspended by the Gulfport/Biloxi Regional Airport

Authority.

ARTICLE 6

TRIPLE NET LEASE

This Lease is a "Triple Net Lease" to Owner in which Tenant is

solely responsible for all construction costs, capital improvements

costs, all maintenance and repairs, replacements, restorations,

taxes, insurance, fines (if any), and environmental damage (if any)

at Tenant's sole cost with regard to the leased premises and all

improvements thereon.

Owner shall keep the public roads, aprons, ramps, and taxi

lanes on and adjacent to Tenant's property in good repair.

AR~ICLE 7-----SUBLEASE

7.01 Entry Into Sublease. Tenant shall enter into a Sublease

with Americas Cargo Enterprises, Inc. in the form attached as

Exhibit "1" simultaneously with the execution of this Lease.

7.02 Enforcement of Provisions. Tenant shall use its best

efforts to enforce all provisions in the Sublease attached hereto

as Exhibit "1".

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594MINUTE BOOK


7.03 Default. In the event of default by Subtenant or any

replacement subtenant within the provisions of the Sublease

attached hereto as Exhibit "1", Tenant shall cancel the Sublease in

accordance with the cancellation provisions of said Sublease,

attached hereto as Exhibit "1".

ARTICLE 8

CONDITIONS

The granting of this Lease and its acceptance by the Tenant is

conditioned upon the following:

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8.01 Non-Discrimination. Tenant in the operations to be

conducted pursuant to the provisions of this Lease and otherwise in

the use of the Airport, will not discriminate or permit

discrimination against any person or class of persons by reason of

race, color, creed, sex, physical handicap, or national origin in

any manner prohibited by Part 21 of Title 49, Code of Federal

Regulations, Department of Transportation, or any amendments

thereto. In the event of a final judgment by a court of competent

jurisdiction, finding Tenant in violation of any of the above non-

discrimination covenants, the Gulfport/Biloxi Regional Airport

Authority shall have the right to terminate the Lease and to re-

enter and repossess said land and the facilities thereon, and hold

the same as if said Lease had never been made or issued; and the

Tenant shall be liable to the Owner for the full term of rentals

and fees; as heretofore stated in this Lease.

8.02 Subordination of Agreements. This agreement shall be

subordinate to the provisions and requirements of any existing

agreement between the Owner, the City of Gulfport, Mississippi, and

the United States of America, relative to the development,

operation or maintenance of the airport. In the event of future

agreements between the parties aforesaid, this agreement shall

subordinate to the reasonable provisions and requirements of such

future agreements.

8.03 Non-Exclusive Rights. It is understood and agreed that

nothing herein contained shall be construed to grant or authorize

the granting of an exclusive bueiness or operating right.

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APRIL 1997 TERM

B.04 Right of Flight. There is hereby reserved to Owner, for

the use and benefit of the pUblic the following:

(l) The right to unobstructed passage of all aircraft, by

whosoever owned and operated, in the airspace above the

Gulfport-Biloxi Regional Airport at any altitude and at

any time.

(2) The right of flight and the right to cause in all air

space above the surface of the Gulfport-Biloxi Regional

Airport such noise, vibrations, fumes, dust, fuel

particles and all other effects that may be caused by the

operation of aircraft landing at, taking off from, flying

over, operating at, or operation on the Gulfport-Biloxi

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Regional Airport.

The right to prohibit lighting interference, electricalI (3 )

interference, electronic interference, or radio

interference, or smoke emanating from Tenant's leasehold

property to the extent that such interference impairs,

derogates, or otherwise endangers air operations at the

Gulfport-Biloxi Regional Airport, inclUding, but not

limited to aircraft communications, navigational aids,

visibility, and the landing, taking off and maneuvering

of aircraft in the vicinity of the Gulfport-Biloxi

Regional Airport.

B.OS Obstructions. The Tenant by accepting this Lease

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expressly agrees for itself, its successors and assigns, that it

will not erect or permit the erection of any structure or object

nor permit the growth of any tree on the land leased hereunder that

would constitute an obstruction to air navigation in the opinion of

the Gul fport! Bi loxi Regional Airport Authority, or pierce the

transition zone as in Part 77 of the Federal Aviation Regulations.

In the event the aforesaid covenant is breached, the Owner

reserves the right to enter upon the land leased hereunder and to

remove the offending structure or object and cut the offending

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APRIL 1997 TERM

trees, all of which shall be at the expense of the Tenant, payable

to the Owner upon ten (10) days written notice by the Owner to the

Tenant.

B.06 Right to Develop Airport. It is further covenanted and

agreed that Owner reserves the right to further develop or improve

the Airport and all roadways, parking areas, terminal facilities,

landing area and taxiways, except on Tenant's Premises, as it may

see fit, regardless of the desires or views of the Tenant and

without interference or hindrance. Provided, however, Owner shall

not develop Airport to prohibit the uses granted Tenant in this

Lease.

B.07 Right to Amend. In the event that the Federal Aviation

Administration or its successors requires modifications or changes

in this Agreement as a condition precedent to the granting of funds

for the improvement of the Airport, Tenant agrees to consent to

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]such amendments, modifications, revisions, supplements, or

deletions of any of the terms, conditions or requirements of this

Agreement as may be reasonably required to obtain such funds;

prov ided, however, that in no event will Tenant be required

pursuant to this paragraph, to agree to an increase in the rent

provided for hereunder or to change in the use or to a reduction in

size of Leased Premises (provided it is an authorized use

hereunder) to which Tenant has put the leased premises.

B.OB Part 77 Notification. Tenant agrees to comply with the

notification and review requirements covered in Part 77 of the

Federal Aviation Regulations in the event any future structure or

building is planned for the leased premises, or in the event of any

planned modification or alteration of any present or future

bUilding or structure situated on the leased premises. Tenant also

agrees to abide by all restrictions and requirements in Part 77 of

the Federal Aviation Regulations.

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APRIL 1997 TERM

597

8.09 Ramp Space to be Maintained by Tenant. Tenant shall

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suitably maintain in a safe and serviceable condition all ramp

space, which is the subject of this Lease, and will promptly· remove

all snow, ice, debris, or other foreign objects.

8.10 Tenant's Services Not Discriminatory. All of Tenant's

services will be provided on a fair, equal, and not unjustly

discriminatory basis; and Tenant's charges for services will be

fair, reasonable, and not unjustly discriminatory.

8.11 Ramp Space to be Provided by Tenant. Tenant shall at

all times provide adequate ramp space for the public use, including

non-discriminatory assignment of aircraft parking and tie down

spaces for the pUblic use and for the accommodation of itinerate

~sers. With regard to this use, Tenant shall enforce appropriate

Gulfport-Biloxi Regional Airport Authority Rules and Regulations at

the request of Owner.

8.12 Users of Ramp Space Allowed to Use Other Operators.

Tenant is prohibited from requiring users of the leased ramp space

from securing goods and services only from Tenant. In addition,

Tenant must permit users of apron space to freely secure service

for their respective aircraft at a location on the Airport other

than the space leased by Tenant. In addition, Tenant must allow

the users of disabled aircraft on Tenant's leased ramp space to

employ or retain assistance from commercial operators other than

Tenant, for the purpose of taxing or towing the disabled aircraft

away from the leased ramp area.

8.13 Users of Ramp Space Allowed to Service Own Aircraft.

I

Tenant shall not prohibit or restrict those persons using the

leased apron area from tying down and servicing their own aircraft.

ARTICLE 9

REDELIVERY OF PREMISES

Tenant agrees to yield and deliver to Owner possession of the

premises leased herein and all permanent leasehold improvements at

the termination of the initial lease term, by expiration or

otherwise, or at the termination of any renewal term or extension

c: \APPSO\WP51 \USER9\LtAstS\HCDC. 9-' 9


APRIL 1997 TERM

thereof, in good condition, reasonable wear and tear excepted, free

of liens and encumbrances and at no cost to Owner.

ARTICLE 10

TITLE TO IMPROVEMENTS

Ti tIe to all leasehold improvements on the leased premises

shall vest in Owner at the expiration of this Lease and any

extension thereof.

ARTICLE 11

CANCELLATION BY OWNER

]

11.01 Nonpayment of Monies by Tenant. It is expressly

understood and agreed that nonpayment of any rentals, fees or

charges, which are due to the Owner pursuant to Article 5 shall

constitute a default of this Lease by Tenant. In the event of such

a default by Tenant for nonpayment of rentals, fees or charges to

the Owner, the Owner shall notify Tenant of said nonpayment by

certified mail to Tenant at the address contained in this Lease.

Tenant shall have thirty (30) days from the date said notice was

J

mailed to tender said arrears to the Owner. In the event the

Tenant does not tender said arrears to the Owner within thirty (30)

days, Owner may cancel this Lease for defaul t, immediately, by

sending written notice to Tenant. The cancellation shall be

effective the date notice of cancellation is mailed. In addition

to notifying Tenant of such default, Owner shall also notify

Subtenant by hand delivering a copy of said notice to the Subtenant

at the Subtenant's office on the site which is the sUbject of this

Lease and Sublease, within ten (10) days of the date of mailing

such notice to Tenant. Subtenant may cure the default at any time

prior to the expiration of the time allowed Tenant to cure the

default, as provided in this paragraph.

11.02 Nonpayment of Monies by Subtenant. Provided, however,

in the event the sole cause of non-payment in Paragraph 11.01 to

Owner by Tenant is the default by Subtenant in the rentals, fees or

charges to be paid by Subtenant to Tenant; then, in that event,

Owner shall not cancel this Lease, and all rentals, fees, or

charges due to be paid to Owner by Tenant shall be suspended until

]

G: \,\PPSD\I.7S 1WSER'I\LEASES\HCOC. 97 10

I


APRIL 1997 TERM

such monies are collected from Subtenant, or until a replacement

Subtenant begins making payments in accordance with the Sublease.

599

11.03 Default of Tenant. It is also understood and agreed

that in the event Tenant breaches or fails to perform any of the

covenants or agreements contained in this Lease (other than non-

payment of rentals, fees, and charges), or violates any of the

conditions, terms or provisions in this Lease, Tenant shall also be

in default of this Lease. Upon discovering any breach, violation

or failure, Owner may, at any time within sixty (60) days after

discovery, send written notice to Tenant, requesting Tenant to cure

same. In the event. Owner notifies Tenant to cure such breach,

Iviolation or failure, Tenant shall have thirty (30) days from the

date Owner mailed said notice, within which to cure same. If

Tenant fails to cure such breach, violation or failure within

thirty (30) days, Owner may cancel this Lease for default, by

sending written notice to Tenant. The cancellation shall be

effective five (5) days after notice of cancellation is mailed. In

addition to notifying Tenant of such default, Owner shall also

notify Subtenant by hand delivering a copy of said notice to the

Subtenant at the Subtenant's office on the site which is the

subject of this Lease and Sublease, within ten (10) days of the

date of mailing such notice to Tenant. Subtenant may cure the

I

default at any time prior to the expiration of the time allowed

Tenant to cure the default, as provided in this paragraph.

11.04 Default of Subtenant. Provided, however, in the event

the sole cause of default in Paragraph 11.05 is the default by

Subtenant; then, in that event, Owner shall not cancel this Lease;

and the performance of the covenants and agreements contained in

this Lease and compliance with the conditions, terms or provisions

of this Lease, shall be suspended until the Subtenant's default is

cured or until a replacement subtenant begins performance or until

the term of this Lease has expired (whichever event occurs first).

11.05 Replacement Subtenant. In the event Subtenant defaults

on its Sublease with Tenant or said Sublease is otherwise

terminated (except for expiration of term), Owner and Tenant agree

G: \APPSD\WFSI \USCil9\LtASES\HCDC. 9'1 11

600


APRIL 1997 TERM

to use their best efforts to find a replacement subtenant

acceptable to Owner, for an airport business operation, for the

remainder of the term of this Lease.

]

11. 06 Default by Replacement Subtenant. In the event 0 f

default by a replacement subtenant, the aforestated provisions in

?aragraphs 11.02, 11.04 and 11.05 shall apply, and the aforestated

procedures in Paragraphs 11.02, 11.04 and 11.05 shall be followed,

until the expiration of this lease and any extensions thereof.

11.07 Enforcement of Default Provisions. In the event the

Subtenant or any replacement subtenant is in default of the

provisions of the Sublease attached hereto as Exhibit "1", and

Tenant does not enforce the default provisions of said Sublease

within a reasonable period of time, not to exceed ninety (90) days,

Tenant shall be in default of this Lease. Upon discovering such a

default by Tenant, Owner may, at any time within sixty (60) days

after discovery, send written notice to Tenant, requesting Tenant

to enforce the default provisions against the Subtenant or any

replacement subtenant. In the event Owner notifies Tenant to cure

such default, Tenant shall have thirty (30) days from the date

Owner mailed said Notice within which to cure same by enforcing the

default provisions of the Sublease. If Tenant fails to cure such

default by failing to enforce the default provisions against the

Subtenant or replacement subtenant within thirty (30) days from the

date Owner mailed said Notice to Tenant, Owner may cancel this

Lease for default by Tenant, by sending written notice to Tenant.

The cancellation shall be effective five (5) days after notice of

cancellation is mailed from Owner to Tenant.

]

after default by Tenant of any of the terms, conditions, covenants,

rental payments, fees or other charges by Owner for any period

11.08 Acceptance of Rent Not Waiver. The acceptance of

]agreements, responsibilities, obligations or portions thereof

herein contained shall not constitute or be deemed a waiver of any

right on the part of Owner to cancel this Agreement for default.

G: \P.P?SD\WP51 \USrR9\Lr.ASES\HCOC _97 12

I

601MINUTE BOOK

BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPIAPRIL 1997 "rERM

11. 09 Subsequent Default. Owner's waiver of any default of

I

Tenant shall not be a waiver as to any subsequent default of Tenant.

11.10 Possession. In the event of cancellation by Owner of

this Lease, Owner shall be entitled to the immediate possession of

the areas, space, premises and facilities and all other things

provided to Tenant in this Lease in accordance with Article B.

ARTICLE 12

CANCELLATION BY TENANT

Tenant may cancel this Lease by furnishing Owner thirty (30)

days' prior written notice. In that event, Tenant shall redeliver

the premises to Owner in accordance with Article 8; and Tenant,

after redelivery of premises to Owner, shall be relieved of any and

all liability, obligations, responsibilities, or duties under this

Lease, except for any payments due Owner from Tenant pursuant to

Article 5, Paragraph 5.02. However, in the event of such

I

cancellation, Subtenant shall pay Owner and be liable to Owner for

any and all rentals and fees which Subtenant agreed to pay Primary

Tenant in the Sublease attached hereto and incorporated herein as

Exhibit "1"; provided Owner executes a similar Sublease with

Subtenant for the unexpired term of said Sublease or Primary Tenant

assigns to Owner its interest and rights in its Sublease with

Subtenant.

ARTICLE 13

LEASE EXTENSION

In the event of default by the Subtenant or any replacement

subtenants, resulting in Tenant's not collecting all monies due

Tenant under the provisions of the sublease attached hereto as

Exhibit "1", Tenant may extend this Lease for a term not to exceed

an additional five (5) years but in no event beyond the date on

which Tenant call ects the balance of any monies owed Tenant

pursuant to the Sublease attached as Exhibit "1".

To extend this Lease pursuant to the aforestated

circumstances, Tenant shall send prior written notice to Owner at

least ninety (90) days before the expiration of the initial term of

this Lease.

G; \APPSD\WP~ 1 \USF:1l9\LE),.SES\I-/CDC. 97


APRIL 1997 TERM

]

ARTICLE 14

Notices to the Owner provided for herein shall be sufficient

if sent by United States Postal Service certified mail, postage

prepaid, addressed to the Executive Director, Gulfport-Biloxi

Regional Airport Authority, 14053-L Airport Road, Gulfport,

Mississippi, 39503; and notices to the Tenant provided herein shall

be sufficient if sent by United states Postal Service certified

mail, postage prepaid, addressed The Harrison County Development

Commission

IN WRITING WHEREOF, the parties hereto have cause for this

agreement to be executed on this the ~ day of L~~~'~ __

1997.

]Owner:

Gulfport-Biloxi Regional Airport Authority

., Cha irmanTravis Lott,By:

Primary Tenant:

Harrison County, State of Mississippi

By:

By:

nty Development Commission

]

G; \Al>PSD\W'P51 \USEil;9\LEASES\HCDC. 91 14

I

I

MINUTE BOOKBOARD OF SUPERVISORS, HARRISON COUNTY I MISSISSIPPI

APRIL 1997 TERM


ACKNOWLEDGMENTOF THE

GULFPORT-BILOXI REGIONAL AIRPORT AUTHORITY

Personally appeared before me, the undersigned authority in

and for the County and State aforesaid, TRAVIS LOTT, JR., Chairman

of the Gulfport-Biloxi Regional Airport Authority, a corporate body

politic, organized and existing under the law of the State of

Mississippi, who acknowledged that he signed, sealed and delivered

the above and foregoing instrument on the day and year therein

mentioned, for and on behalf of the Gulfport-Biloxi Regional

Airport Authority, having been duly authorized to do so as an

official act of the Gulfport-Biloxi Regional Airport Authority.

GIVEN under my hand and official seal of office on this, the

603

day of _________ , 1997.

NOTARY PUBLIC

I

My Commission Expires:

G: \A.PpSO''''l''S I \U5£R9\LDoSl:S\HCOC. 91 15

604 MINUTE BOOKBOARD OF SUPERVISORS, HARRISON COUNTY I MISSISSIPPI

APRIL 1997 TERM



HARRISON COUNTY DEVELOPMENT COMMISSION


and for the County and State aforesaid, ELMER WILLIAMS, who stated

that he is the President of the Harrison County Development

Commission and that he signed, sealed and delivered the above and

foregoing LEASE on the day and year therein mentioned, for and on

behalf of the Harrison County Development Commission having been

duly authorized to do so as an official act on behalf of the

corporation.

GIVEN under my hand and official seal of office, on this the

J

J___ day of ~ , 1997.

NOTARY PUBLIC


c: \AP?SD\""'l'Sl \USER9\L&ASES\HCDC. 97 16

J

I

I


APRIL 1997 TERM



HARRISON COUNTY~ OF SUPERVISORS


and for the County and State aforesaid, LARRY BENEFIELD, who stated

that he is the President of the Board of Supervisors of Harrison

County, Mississippi and that he signed, sealed and delivered the

above and foregoing LEASE on the day and year therein mentioned,

for and on behalf of the Board of Supervisors of Harrison County,

Mississippi, having been duly authorized to do so as an official

act on behalf of the corporation.


605

---1.!;lL day of __...tAl..j.pl..l.r....Ji....J1L- , 1997.

111\CLJI~ P.~.NOTARY PUBLIC

I


My Commission Expire. Feb. 27, 2000

G: \,a.pPSD\wP'): \USER9\LEASES\HCDC. 97 17


APRIL 1997 TERM

~ ---------------------------,]

JIIIIIIIII

+ I+ + I

+ + + +-+:"-'~+==+::::::;:.•==+:;:::::::;:=:;:::: :+ + + + + + +

x + + + + + + 1+ + + + + + I

+ + + + + + I++++++++++++++++ I

.·>:--'+=-.:::·'-)Xc:-+-'-+"--'+=-..::+'---)i!-+--"S'-";;:;.:;;;-:c;:;,.-;,.:.----"'-"-4---'=----"-~'-'-'''-"--- X~ X---4~cr ~cr

POST ~~;#il~5iiiril~~~~~3~0Ila0;;;;;;;;;_;;6~O~O~~~~~gOO ~g0~DFOUND L j

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JINDEXING INSTRUCnONS'Pm' of NE 1/4, SW 1/4 &Pori of SE 1/4, SW 1/4 &Pod of NW '/4, SE 1/0\ &:Pod of SW 1/4, SE 1/4Section 27, T-7-5. R-ll-W.Harrison Counly 1st J.D.. MSDocument Prepared by.Gront H. Gillean119 t.loin StreetBiloxi. MS J95JO601-435-5000

341.36'266.S6''40.92'

CHORD DISTANCE

REFERENCE MAlERIAL:

uses QUADRANGLE MAP "GULFPORT NORn-!, MISS"HARRISON COUNTY TAX RECORDSGLO PLAT AND NOTESUNITED STA ITS OF AMERICA LEASE AGREEMENT

(PROVIDED BY OWNER)

DEEDS: BOOK PAGE818 142 (SUBJECT)

$ W/E PROFESSIONAL SURVEYS- A DIV'lSION OF WINK. INC.

2710 BEACH BL YO.. BILOXI, >'<S J9531

POINT OF COMMENCEMENT

POINT OF BEGINNING

DENOTES CURVE NUMBER

DENOTES 1/2· IRON ROO SETUNLESS OTHERWISE NOTED

DENOTES WETLANDS

P.O.C.

P.D.B.

Cl

•

SEE SHEET 2 OF 2 FOR LEGAL DESCRIPTIONS

This is lo CERTIFY that I have caused a survey to be mode of the propertyhereon described and delineated, and that the measurements and other do toindicated ore correct to the best of my knowledge and belief.Class B Survey.

3214\96,00 SHEET 1 OF 2

I

I

I


APRIL 1997 TERM

SUBLEASE FOR CARGO BASE OPERATOR

BY AND BETWEEN

COUNTY OF HARRISON, STATE OF MISSISSIPPI

AND

AMERICAS CARGO ENTERPRISES, INC.

607


APRIL 1997 TERM

Article 1.

Article 2.

TABLE OF CONTENTS

Owner/Tenant Relationship 1

Subleased Premises

]2.012.02

Leasehold Property ; 2Prohibitions in Area "2" · 2

Article 3. Installation of Improvements by Owner

3.013.023.033.04

Tenant Construction 2Title 3Subtenant Construction ; 3Covenants. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3

Article 4.Article 5.

Article 6.

Article 7.

Conunon Use Premises.............................. 3Ingress and Egress............... . . . . . . . . . . . . . . .. 4

Term .

Uses and PriVileges

7.017.027.03

Permitted Uses ....................•.... 4Prohibi ted Uses " 5Covenants. . . • . . . . • . . . . . . . . . . . . . . . . . . . .. 5

Article 8. Rentals and Accounting , , 5

8.01

8.02

8.038.048.058.068.0'1

Rentals Payable to Harrison County,State of Mississippi 6Additional Fees Payable by Tenant toOwner , .. 9Consumer Price Index Adjustments 13Audit 14Failure to Pay 14Records 15Covenants 15

]

Article 9. Conditions

9.019.029.039.049.059.069.079.089.09

9.10

9.11

9.12

9.13

9.14

Non-Discrimination 15Subordination of Agreements 16Non-Exclusive Rights 16Right of Flight 16Obstructions , '" ..........•...... 17Right to Develop Airport 17Right to Amend ....................•.... 1BPart 77 Notification 18Ramp Space to be Maintainedby Subtenant 18Subtenant's Services NotDiscriminatory 18Ramp Space to be Providedby Subtenant 18Users of Ramp Space Allowedto Use Other Operators ............•.... 19Users of Ramp Space Allowedto Service Own Aircraft 19Covenants 19

Article 10.

Article 11.

Articcle 12.

Janitorial 19

Triple Net Sublease 20

Landing Area 20

C; \J..PPSD\WP5t \\JSER9\LEASE:S\HCOCSUB. 97 i


APRIL 1997 "rERM

609

IArticle 13.

Article 14.

Article 15.

Article 16.

security and Certification '" ~ 21

Assignment ' 21

Signs ' 22

Compliance with Laws

Article 17.

16.0116.0216.03

Insurance

17.0117.0217.03

General 22Environmental 23Covenants , 25

Insurance 25Insurance Certification 26Covenants 27

Article 18.

Article 19.

Article 20.

Article 21.

Article 22.

Article 23.

Indemnification 27

Trash Removal .............................•...... 28

Utilities Charges 28

Subj ect to Easements ..•.............•............ 29

Quiet Enjoyment 29

Damage to or Destruction of SubleasedPremises

Redelivery of Premises 30I Article 24.

23.0123.0223.03

partial Damage ~ 29Complete Destruction 30Covenants 30

Article 25. Cancellation by Owner

25.0125.0225.0325.0425.0525.06

Nonpayment of Monies 30Breach of Covenants 31Additional Default Occurrences 31Acceptance of Rent Not Waiver 32subsequent Default 32Possession 32

~Article 26.

Article 27.

Article 28.

Article 29.

Article 30.

Article 31.

Acceleration , 32

Attorney's Fees 32

Remedies of Default 32

Cancellation by Tenant 32

Entrance 34

Invalidi ty

31. 0131.02

Invalid Article 35Invalid Sublease , .. 35

Article 32.

Article 33.

IArticle 34.

Fees, Fines and Taxes 35

Exemption for Ad Valorem Taxes 36

Subject to Primary Lease 36

G: \,lj'PSD\wPSl \USER9\LEASES\HCDCSlJB. 97 ii

610


APRIL 1997 TERM

Article 35.

Article 36.

Article 37.

Approvals 37

Amendments 37

Definitions

]37.0137.0237.0337.0437.0537.0637.07

37.0837.0937.1037.1137.1237.1337.1437.1537.1637.1737.18

37.19

Addition ...•........................... 37Airport •............................... 37Airport Authority or GBRAA ...•......... 37Commercial Tenants and Operators 38Executive Director ..•.................. 38FAR....•............................... 38Federal Aviation Administrationor FAA........•................•....... 38Cargo Base Operator 38Full Insurable Value .........••........ 38Primary Lease 38Sublease or Agreement or Contract 38Subtenant 38Primary Tenant 38Triple Net Sublease 39Operator 39Person or Persons ........•............. 39Premises ........................•...... 39United States or United StatesGovernment or United States ofAmerica •.....................••........ 39Owner .....................•..••..•..... 39

Article 38.

Exhibit lIAIl

Notice .......•.•..•.............••.........•..... 39

Air Cargo Facility Survey

]

]Q: \APPSD\WP51\USER'3\LEASES\HCDCSUB. 97 i11

I


APRIL 1997 "rERM


CARGO BASE OPERATOR SUBLEASE BY AND BETWEENCOUNTY OF HARRISON, STATE OF MISSISSIPPI AND

AMERICAS CARGO ENTERPRISES, INC.

THIS INDENTURE is made and entered into on this, the day

611

of _________________ , 1997, by and between the COUNTY OF HARRISON,

I

I

STATE OF MISSISSIPP[, through its agent, THE HARRISON COUNTY

DEVELOPMENT COMMISSION, (hereafter referred to as "Primary Tenant")

and AMERICAS CARGO ENTERPRISES, INC. (hereafter referred to as

"Subtenant") .

WHEREAS, Primary Tenant has a lease with the Gulfport-Biloxi

Regional Airport Authority (Owner), for an airport site on which a

cargo base business will operate; and

WHEREAS, Subtenant desires to enter into a sublease with

Primary Tenant, for the purpose of subleasing said air cargo site

at the Gulfport-Biloxi Regional Airport on which Subtenant will

operate a cargo base business; and

WHEREAS, Primary Tenant is willing to construct on said site

a building suitable for Subtenant's air cargo operation and to

sublease to Subtenant, Primary Tenant's lease at the Gul fport-

Biloxi Regional Airport, solely for the purpose of Subtenant's

operating an air cargo base at the Gulfport-Biloxi Regional Airport

leased premises, in order to enhance economic development in

Harrison County;

NOW, THEREFORE, the parties hereto, for and in consideration

of the rents, fees, charges, covenants, agreements, terms and

conditions stated in this Sublease; covenant and agree as follows:

ARTICLE 1.

PRIMARY TENANT/SUBTENANT RELATIONSHIP

The relationship created herein is that of Primary Tenant on

the part of the County of Harrison, State of Mississippi, by and

through its agent, Harrison County Development Commiss ion, and

Subtenant on the part of Americas cargo Enterprises, Inc.

G: \MPSD\WP 51 \USER9\LEASES\HCDCSUB. 91 1


APRIL 1997 TERM

Primary Tenant hereby demises and lets unto Subtenant, and

Subtenant hereby hires and accepts from Primary Tenant, the

property, spaces, facilities, equipment, services, privileges,

licenses, uses, rights and improvements stated in this Sublease.

ARTICLE 2

SUBLEASED PREMISES

2.01 Leasehold Property. The property subleased by Primary

Tenant to Subtenant is situated on the Gulfport-Biloxi Regional

Airport in the First Judicial District of Harrison county,

Mississippi, Section 26, Township 7 South, Range 11 West. Said

property is comprised of two (2) parcels, identified as Areas "1"

and "2", respectively, on the Air Cargo Facility Survey, attached

hereto and incorporated herein by reference, as Exhibit "A". The

legal descriptions for Areas "1" and "2", respectively, are also

attached hereto and incorporated herein by reference, as part of

Exhibit "A".

The leasehold interests granted by Primary Tenant to Subtenant

are as follows:

(1) Subtenant is granted the exclusive use of Area "1", as

described in Exhibit "A".

(2) Subtenant is granted the non-exclusive use of the ramp

space identified as Area "2" on Exhibit "A".

Subtenant accepts the subleased premises in their present

condition as being adequate for Subtenant's purposes, and Primary

Tenant shall have no special obligation to Subtenant to make any

improvements or modifications to the premises or appurtenances

located upon said premises, other than those stated in Article 3.

2.02 Prohibitions in Area "2". Subtenant is prohibited from

erecting any bUildings or structures whatsoever, of any kind, type,

or character, on Area "2".

ARTICLE 3

INSTALLATION OF IMPROVEMENTS BY PRIMARY TENANT

]

]

covenants to construct, at its sole cost, a building and additional

improvements on the leasehold real property in accordance with the

3.01 Tenant Construction. Primary Tenant agrees and

]G: \hPPSO\WP51 \1JS(R9\L£ASES\HCDCSUB. 97 2

•E

613


APRIL 1997 TERM

plans and specifications on file with the Primary Tenant. Primary

Tenant also agrees and covenants to start construction wi thin

ninety (90) days from the date this Sublease is executed by Primary

Tenant, and to complete construction within nine (9) months from

the date Primary Tenant executes this Sublease. Primary Tenant and

Subtenant agree and acknowledge that construction of said

improvements shall be deemed complete only when certified in

writing by Primary Tenant's engineer.

3.02 Title. Title to all permanent improvements, including

but not limited to buildings, structures, or annexes to buildings,

paved areas, utility lines, roads, fences, walls, or anything

affixed to any building in such a way as to become a fixture under

Mississippi law, erected on the leased real property hereunder,

whether by Primary Tenant or Subtenant shall vest in the Owner

immediately upon completion of construction.

additions, or improvements by Subtenant, Subtenant

Subtenant Construction. Wi th regard to any

I3.03

construction,

maintenance) ,

modifications, repairs (other than routine

•

I

shall submit all plans to Owner for written approval or rejection

prior to such construction, modifications or repairs (other than

routine maintenance), additions, or improvements.

3.04 Covenants. All the requirements and all the provisions

for Subtenant in this Article are covenants by Subtenant; and any

violation of these covenants shall constitute a default in this

Lease by Subtenant.

ARTICLE 4

COMMON USE PREMISES

Subtenant is hereby granted the use, in common with others

similarly authorized, of the Gulfport-Biloxi Regional Airport,

together will all the facilities, equipment, improvements, and

services which have been provided at said Airport and which have

been designated by the Gulfport-Biloxi Regional Airport Authority

for the common use at said Airport. Subtenant may takeoff, land,

load, unload, hangar, maintain and service its aircraft and the

aircraft of its cargo customers at said Airport.

G: \APPSD\WP51 \USER9\LEASES\HCDCSUB. 97 3

614MINUTE BOOK


ARTICLE 5

INGRESS AND EGRESS

Subtenant has the right of ingress and egress to the subleased

premises and facilities described herein, subject to all saiety and

security restrictions, terms, rules, regulations and minimum

standards as are now or may be applicable to the Gulfport-Biloxi

Regional Airport as adopted by the Gulfport-Biloxi Regional Airport

Authority, or as imposed by the United States of America, State of

Mississippi, County of Harrison, or the City of Gulfport.

ARTICLE

The term of this Sublease shall be for a period of eleven (11)

consecutive years beginning on the first day of June I, 1997 and

ending on the 31st day of May, 2008.

ARTICLE 7

USES AND PRIVILEGES

7.01 Permitted Uses. The sole use of the property subleas,d

herein is for a cargo base operation, and Subtenant is required to

be an active cargo base operator throughout the term of this

Sublease and any extensions thereof.

Subtenant's business as a Cargo Base Operator shall,

throughout the term of this Sublease, include those required items

of the Minimum Standards for Operators and Businesses of the

Gulfport-Biloxi Regional Airport Authority (Owner), is the official

Minutes of Owner, as promulgated by Owner i and as they may be

amended from time to time by Owner in the sole judgment of Owner.

Subtenant's business as a Cargo Base operator may include such

additional services as may, at the sole discretion of Owner, be

approved by the GUlfport-Biloxi Regional Airport Authority in any

operating agreement or amended operating agreement it may enter

into with Americas Cargo Enterprises, Inc.

]

]

]G: \APPSD\wP51 \OSER9\:'E1lSES\HCOCSUB. 91 4

I


APRIL 1997 "rERM

operations and to act for and on behalf of Subtenant in all matters

pertaining to the day-by-day operation of all of Subtenant's

business operations at the Gulfport-Biloxi Regional Airport.

615

Subtenant's service shall be prompt, clean, courteous, efficient

and neat in appearance. Subtenant shall not employ any person or

persons in or about the subleased area who shall use profanity in

public on the subleased premises or who shall act rudely to the public

on the subleased premises or who shall disturb the peace on the

subleased premises, or who shall violate any policies, rules, or

regulations of the Gulfport-Biloxi Regional Airport Authority.

7.02 Prohibited Uses Any and all uses not expressly authorized

and approved in this Sublease and the Minimum Standards for Operators

and Businesses, as referenced and explained in Paragraph 7.01, are

prohibited. Prohibi ted uses include but are not limited to the

Iactivities and services of a fixed base operator.

7.03 Covenants. All the requirements and all the provisions

for Subtenant in this Article are covenants by Subtenant; and any

violation of these covenants shall constitute a default in this

Sublease by Subtenant.

ARTICLE 8

RENTALS AND ACCOUNTING

The rental fees in this Article payable by Subtenant to the

county of Harrison, State of Mississippi, are identified herein.

There are also additional fees that are payable by Subtenant to

the Gulfport-Biloxi Regional Airport Authority (Owner). These fees

are also identified herein.

Subtenant covenants to pay all the rentals and fees stated in

this Article and to otherwise comply with all provisions in this

Article. Subtenant's failure to pay any of the rentals or fees

I

stated in this Article; or subtenant's failure to comply with any

of the other provisions in this Article shall constitute a default

of this Sublease.

G: \APPSD\WPSl\USER9\I.EASES\HCDCSUB. 97 5

616MINUTE BOOK


Mississippi, rent for this Sublease, as follows:

8.01 Rentals payable to the county of Harrison, State of

Mississippi. Subtenant shall pay the County of Harrison, State of ]( 1) Base Rental. The annual base rent from June 1,

1997 'to May 31, 1998, is as follows:

(a) ,For the exclusive use of the site measuring

'Five and 39/100 (5.39) acres, more or less,

demised on Exhibit "A", as Area" 1", Subtenant

shall pay a base rent of Twelve Thousand

Dollars ($12,000.00) per year, payable in

monthly installments of One Thousand Dollars

($1,000.00) on or before the twentieth (20th)

day of the calendar month for which payment is

due (Subtenant shall tender this payment via

Owner, which shall be deemed Primary Tenant's

agent for the purpose of collecting this

31, 1998. The payments in this subparagraph

for the period beginning June 1, 1997 to May

rent) . The aforestated annual base rent is

]shall begin June 20, 1997; and

(b) For the exclusive use of the building and all

improvements on the aforestated site,

Subtenant shall pay an annual base rent,

annualized and payable in equal monthly

consecutive installments on or before the

twentieth (20th) day of the calendar month for

which payment is due (Subtenant shall tender

this payment directly to Primary Tenant). The

annual rent for the bUilding and all

improvements provided in this subparagraph (b)

shall begin June 1, 1998, and shall be

calculated as follows:

FORMULA FOR BUILDING RENT

Beginning June 20, 1998, Subtenant shall make

monthly payments equal to Tenant's direct cost ]G: \M'PSO\WPSl \USER9\LEASES\HCDCSUB. 97 6


APRIL 1997 rERM

617

in constructing and providing the building and

include all construction costsE improvements

costs shall

for SUbtenant. Reimbursement

including design and engineering, all payments,made to the owner during the first year

including base rent, all interest paid on

monies borrowed for the funding of the

building and improvements during the first

year with credit for interest earned on such

monies while held by Tenant, and any otherI

direct and/or incidental expenses which Tenant

incurred solely to facilitate the air cargo

facility. Reimbursement for existing or

commingled obligations of Tenant, such as the

time and effort of Tenant's employees, are not

contemplated for reimbursement herein. Tenant

expenses. Said total will be divided into 120

equal monthly installments. Any legitimateEshall tabulate and total all allowable

costs which become known after the first year

may be added to the balance and the monthly

installment adjusted by dividing the balance

by the number of remaining payments.

Subtenant shall also make monthly

payments beginning June 20, 1998 in an amount

equal to Tenant's monthly interest costs in

conjunction with the construction of the

facility leased herein. Beginning May 31,

1998, Tenant shall present to Subtenant the

interest cost for the preceding month. An

amount equal to said interest amount shall be

paid to Tenant with the next month's payment

according to their terms.

construction of the facility have been repaidIuntil

G: \APPSD\WF5l \USER9\LEASES\HCDCSUB. 97

such time as

7

all loans for the


APRIL 1997 TERM

Subtenant's payments will be calculated

Example of

(estimated) :

contemplated monthly payment

]as follows:

i. Base rent for Areas 1 and 2 exactly as

charged by Owner;

ii. The total cost of construction plus the

base rental costs for the first year plus

all interest costs (with credit for

interest earned) divided by 120 (for ten

years of payments);

iii. The Tenant's interest costs after the

preceding month (after the first year) .

ADDENDUM FOR BUILDING RENT

On or before May 31, 1998, the parties shall

sign and attach to this Sublease an addendum

specifying the monetary amount of said rent.

In the event the parties do not agree to the

monetary amount of the rent, Harrison county

and the Harrison County Development Commission

shall have the right to cancel this Sublease

at no cost to Harrison County or the Harrison

]

County Development Commission, or the

Gulfport-Biloxi Regional Airport Authority, by

furnishing ten (10) days prior written notice

to Subtenant. Said cancellation shall be

effective ten (10) days after the date the

notice is mailed by Harrison County and/or the

Harrison County Development Commission to

Subtenant.

(c) For the non-exclusive use of the concrete ramp

area measuring Four and 17/100 (4.17) acres,

more or less, demised on Exhibit "A" as Area

"2", Subtenant shall pay a base rent of Six ]c: \APPSO\Wf51 \USER9\LE'ASES\HCDCSUB. 97 8

I


APRIL 1997 TERM

Thousand, Three Hundred and No/lOO Dollars

($6,300.00) per year, payable in monthly

installments of Five Hundred Twenty-Five and

No/lOO Dollars ($525.00), on or before the

twentieth (20th) day of the calendar month for

which payment is due (Subtenant shall tender

this payment via Owner, which shall be deemed

Primary Tenant's agent for the purpose of

collecting this rent). The aforestated annuai

base rent is for the period beginning June 1,

619

1997 to May 31, 1998. The payments in this

subparagraph shall begin June 20, 1997.

8.02 Addi tional Fees Payable by Subtenant to the

Gulfport-Biloxi Regional Airport Authority (Owner) are as follows:

(1) Deposit. Subtenant agrees to pay the

Gulfport-Biloxi Regional Airport Authority upon

execution of this Sublease, a deposit in an amount

equivalent to the rent for one (1) month, provided

in subparagraphs (a) and (c), respectively, in

Article 8.01. Subtenant's deposit shall be applied

to rent due during the first month of this Sublease

and is non-refundable.

(2) Business Licen~e. Subtenant shall pay Gulfport-

Biloxi Regional Airport Authority the sum of One

Hundred Twenty and No/lOO Dollars ($120.00) per

year for an Airport Business License. Said

Business License shall be payable annually in

October and/or prorated for any period of less than

one (1) year.

(3) Gross Sales. Subtenant agrees to pay the Gulfport-

Biloxi Regional Airport Authority monthly two

percent (2%) of gross sales, the computed sum to be

G: \APPSD\wP~1\US£R9\LEASES\HCDCSUB. 97 9

62(}MINUTE BOOK


the month succeeding that month for which payment

payable no later than the twentieth (20th) day of

is being made. The term "gross sales" as used]

herein shall be construed to mean for the purposes

of this agreement the aggregate amount of all sales

made, and services performed by SUbtenant, its

subsidiaries, associated companies or any other

entity, corporate or oth, rwise from the subleased

premises for cash or credit or otherwise, of every

kind, name and nature, regardless of when or

whether paid for or not, as if the same had been

sold for cash, or the fair and reasonable value

thereof, whichever is greater; however gross sales

shall not include the following:

(a) Any sales taxes, excise taxes, transaction,

admission, entertainment or similar or

equivalent taxes by whatever name called, the

amount of which is determined by the amount of

sales made and which is required to be

separately identified to and collected from

each customer and accounted for to any

governmental agency provided, however, that

this exclusion shall not include any license

or permit fees or taxes payable by Subtenant.

(b) All credit and refunds received by Subtenant

from vendors or paid by Subtenant to customers

for unacceptable or unsatisfactory merchandise

or items which have been returned.

(c) All sales of furniture, fixtures or equipment

which theretofore, had been used in the

demised Premises as part of Subtenant's

operations hereunder.

(dl All sales of jet A and/or turbine fuel,

aviation gasoline, lubricating oil, "Into-

Plane or Vehicle Contract" fees, subletting or

J

]G: \APPSD\wP!ll \USER9\LEASES\HCDCSUB. 97 10

I


APRIL 1997 TERM

rental of warehouse space, tie down or ramp

parking fees.

(el All sales of aircraft by Tenant.

621

(4) Aircraft Parking and Storage Fee. subtenant may

subrent, sublet, or otherwise allow third parties

to use the aircraft parking ramps, aprons, office,

warehouse, and storage space subleased by

subtenant. Subtenant shall also pay the Gulfport-

Biloxi Regional Airport Auth~rity, monthly, a fee

of ten percent (10%) of Subtenant's gross monthly

revenue derived from persons or parties subrenting,

subletting, storing, or otherwise using said

I(5 )

aircraft parking ramps, aprons, office, warehouse,

and storage space. Payment is due on the twentieth

(20th) day of the month next succeeding the month

in which the gross revenue was derived. The

provisions in this paragraph are subject to the

building restrictions stated in Article 2 of this

Sublease.

Petroleum Products Fee and Escalation of Petroleum

Product Fees. Subtenant shall also pay the

[

GUlfport-Biloxi Regional AiLport Authority monthly

for the sale by Subtenant, directly or indirectly,

of any petroleum product throughout the term of

this Sublease and subject to increases or decreases

annually by changes in by the cpr in accordance

with Articles 8.02 and 8.03. Payment is due on the

twentieth (20th) day of the month next succeeding

the month in which the sales were made. The

computed sum payable shall be determined by the

following schedule:

(a) For each retail gallon of jet A and/or turbine

fuel, aviation gasoline, and motor gasol ine

delivered into aircraft or vehicles, owned and

operated by air cargo carriers, with the

G: \APPSD\wP5l \USE:R9\Ll:ASES\HCDCSUB. 97 11


APRIL 1997 TERM

exception of air cargo carriers with into-

plane contracts, and aircraft or vehicles

owned by Subtenant, Subtenant shall pay a fee

as follows:

(1) June 1, 1997, to May 31, 1998, a rate of

7.4/100 Dollars ($0.074) per gallon.

(2) June 1, 1998, to the end of the sublease

term, the rate shall increase or decrease

annually in the same proportion as any

increase or decrease of the Consumer

Price Index (CPI) (1982-84=100) for the

month of January, in the year being

adjusted, as compared to the Base Index

of January, 1997.

(b) For each quart of lubricating oil in case or

]

drum lots, delivered into aircraft or

vehicles, with the exception of those aircraft

or vehicles owned by Subtenant, a fee shall be

paid in the monetary amount of 10/100 Dollars

($0.10) per quart.

(c) For each Into-Plane Contract gallon of jet A

and/or turbine fuel, aviation gasol ine, or

motor gasoline delivered into air cargo

carriers' aircraft or vehicles, owned by

Subtenant, Subtenant shall pay a fee as

follows:

(1) June 1, 1997, to May 31, 1998, a rate of

2.4/100 ($0.024) per gallon.

(2) June 1, 1998, to the end of sublease

term, the rate shall increase or decrea_e

annually, in the same proportiun as any

increase or decrease of the Consumer

Price Index (CPI) (1982-84=100) for the

month of January, in the year being

]

)c.;: \APPSD\wP51 \USER9\LEASES\HCOCSl1B. 97 12


APRIL 1997 TERM

623

adjusted, as compared to the CPI Base

Index of January, 1997.I 8.03 Consumer Price Index Adjustments. With regard to the

rent payable by Subtenant for the exclusive use of the groundsite,

as stated in subparagraph (1) (a) in Article 8.01, and for the non-

exclusive use of the concrete ramp area provided in subparagraph

(1) (c) in Article 8.01, and for the petroleum product fees provided

in sUbparagraphs (5) (al and (5)(c) in Article 8.02, there shall be

Consumer Price Index (cpr) adjustments. These adjustments shall

not apply to the building and improvements rent stated in

subparagraph (5) (b) in Article 8.01. Beginning June 1, 199B, and

on June of every year throughout the initial term of this

I

Sublease, and any option term, the annual base rental shall be

increased or decreased in the same proportion that the index figure

of the Consumer Price Index (CPe), (1982-84=100) published by the

Bureau of Labor Statistics, United States Department of Labor, for

the United States, has increased or decreased from the January,

1997 index, which was 159.1. This January, 1997 index is the CPI

Base Index, for the base rental provided in subparagraphs (1) (a)

and (l)(c), respectively, and subparagraphs (5)(a) and (5)(c) of

Article 8.02, respectively.

If the Bureau of Labor Statistics should, at any time during

the term of this Sublease or any option, revise or change the

methods or basic data used in calculating such index in such a way

as to affect the direct comparability of such revised or chnnged

index with the CPI Base Index~ Subtenant and Primary Tenant agree

to follow said conversion factor exclusively in calculating the

changes to rentals, fees and charges.

If the Consumer Price Index, as now constituted, compiled and

published during the term hereof is changed, then the Bureau of

Labor Statistics shall be requested to furnish a statement

converting the CPI Base Index figure of January, 1997, to a figure

that would be comparable in another index published by the Bureau

of Labor Statistics and such other index shall be used and followed

exclusively in computing the changes to rentals, fees and charges.

G: \f<J>PSD\WP51 \USER9\L£ASES\HCDCSUB. 97 13


APRIL 1997 TERM

If no conversion or other index is available, then said rent

shall increase annually at the rate of fcur percent (4%) of the

rent for the preceding twelve (12) months.

It is understood and agreed that the aforementioned rental

Jincreases, by any of the aforementioned methods, shall

automatically increase the monthly installments for each successive

twelv~ (12) month period, for the entire term and any option terms

of this Sublease. It is also understood and agreed that the

rentals stated in Article 8 are due and owed and payable for the

entire term of this Sublease or any extensions of this Sublease

whether or not Subtenant· s operations cease for any reason and

whether or not Subtenant uses said subleased area or facilities,

unless otherwise occupied by another tenant or otherwise suspended

by the GUlfport-Biloxi Regional Airport Authority.

8.04 Audit. The Gulfport-Biloxi Regional Airport Authority

shall have the right, at its own cost and expense, to audit

Subtenant's books and records of receipts at any time for the

purpose of verifying the gross receipts hereunder. If, as a result

of such audit, it is established that Subtenant has understated the

gross receipts received by it from all operation upon and from the

subleased Premises, by three percent (3%) or more (after the

deductions and exclusions provided for herein) the entire cost of

said audit shall be borne by Subtenant. Any additional percentage

rental due shall .forthwith be paid by Subtenant to the Gulfport-

Biloxi Regional Airport Authority with interest thereon at ten

percent (10%) per annum from the date such additional percentage

rental became due; and any overpayment by Subtenant shall be

refunded to Subtenant.

]

8,05 Failure to Pay. It is also understood and agreed that

all payments stated in Article 8, if not paid by Subtenant on the

due date, shall constitute a default in this Sublease.

Any intentional circumvention of the charges in this Sublease

by any means whatever shall be a default of this Sublease.

]G: \APPSD\wP5: WSER9\LEASES\HCJCSUB. 97 14

I


APRIL 1997 "rERM

All the requirements and all the provisions for Subtenant in

this Article are covenants by Subtenant; and any violation of these

covenants shall constitute a default in this Sublease by Subtenant.

8.06 Records. Subtenant shall monthly keep full and a"ccurate

accounts, records, books, and data according to generally accepted

accounting principles with respect to business done by it

hereunder, and which shall show all the gross receipts of said

business as defined herein; and the Gulfport-Biloxi Regional

625

Airport Authority shall have the right, through its

I

I

representatives, at all reasonable times, to inspect such books and

records, including any State of Mississippi sales tax return

records--all at Subtenant's expense. Subtenant hereby agrees that

all such records and instruments will be retained by Subtenant and

be made available to the GUlfport-Biloxi Regional Airport Authority

on the subleased Premises for at least the last three-year period.

A violation of this clause shall constitute a default of this

Sublease.

The making of any willfully false report of revenues by

Subtenant or failure of Subtenant to maintain accurate accounts,

records, books and data as aforementioned shall be grounds for the

immediate cancellation by Primary Tenant of this Sublease.

8.07 Covenants. All provisions in this Article are covenants

by Subtenant, and any violations of the provisions in this Article

or any failure to comply with provisions of this Article shall

constitute a default in this Sublease by Subtenant.

ARTICLE 9

CONDITIONS

The granting of this Sublease and its acceptance by Subtenant

is conditioned upon the following:

9.01 Non-Discrimination. Subtenant in the opecations to be

conducted pursuant to the provisions of this Sublease and otherwise

in the use of the Airport, will not discriminate or permit

discrimination against any person or class of persons by reason of

race, color, creed, sex, physical handicap, or national origin in

any manner prohibited by Part 21 of Title 49, Code of Federal

G; \APPSP\wPS 1 \USER9\LEASES\HCDCSUB. 97 15

626MINUTE BOOK


Regulations, Department of Transportation, or any amendments

thereto. In the event of a final judgment by a court of competent

jurisdiction, finding Subtenant in violation of any of the above

non-discrimination covenants, Primary Tenant shall have the right

to terminate the Sublease and to re-enter and repossess said land

and the facilities thereon, and hold the same as if said Sublease

had never been made or issued; and Subtenant shall be liable to

Primary Tenant for the full term of rentals and fees; as heretofore

stated in this Sublease.

9.02 Subordination of Agreements. This agreement shall be

subordinate to the provisions and requirements of the primary

agreement between the Gulfport-Biloxi Regional Airport Authority

and Primary Tenant and of any existing agreement between Primary

Tenant, the GUlfport-Biloxi Regional Airport Authority, the City of

Gulfport, Mississippi, and the United States of America, relative

to the development, operation or maintenance of the airport. In

the event of future agreements between the parties aforesaid, this

agreement shall subordinate to the reasonable provisions and

requirements of such future agreements.

9.03 Non-Exclusive Rights. It is understood and agreed that

nothing herein contained shall be construed to grant or authorize

the granting of an exclusive business or operating right.

]

]

9.04 Right of Flight. There is hereby reserved to the

Gulfport-Biloxi Regional Airport Authority, its successors, and

assigns for the use and benefit of the public the following:

(1) the right to unobstructed passage of all aircraft, by

whosoever owned and operated, in the airspace above the

Gulfport-Biloxi Regional Airport at any altitude and at

any time.

(2) The right of flight and the right to cause in all air

space above the surface of the Gulfport-Biloxi Regional

Airport such noise, vibrations, fumes, dust, fuel

particles and all other effects that may be caused by the

operation of aircraft landing at, taking off from, flying ]G: \APPSD\WPSl \USER9\LEASES\HCDCSUB. 91 16

I


APRIL 1997 TERM

over, operating at, or operation on the GUlfport-Biloxi

Regional Airport.

(3) The right to prohibit lighting interference, electrical

627

interference, electronic interference, or' radio

interference, or smoke emanating from Subtenant's

subleasehold property to the extent that such

interference impairs, derogates, or otherwise endangers

air operations at the Gulfport-Biloxi Regional Airport,

including, but not limited to aircraft communications,

navigational aids, visibility, and the landing, taking

off and maneuvering of aircraft in the vicinity of the

Gulfport-Biloxi Regional Airport.

9.05 Obstructions. Subtenant by accepting this Sublease

I

expressly agrees for itself, its successors and assigns, that it

will not erect or permit the erection of any structure or object

nor permit the growth of any tree on the land subleased hereunder

that would constitute an obstruction to air navigation in the

opinion of the Gul fport-Biloxi Regional Airport Authority, or

pierce the transition zone as in Part 77 of the Federal Aviation

Regulations. In the event the aforesaid covenant is breached,

E

Primary Tenant and/or the Gulfport-Biloxi Regional Airport

Authori ty reserve the right to enter upon the land subleased

hereunder and to remove the offending structure or object and cut

the offending trees, all of which shall be at the expense of the

Subtenant, payable to Primary Tenant upon ten (10) days written

notice by Primary Tenant to Subtenant.

9.06 Right to Develop Airport. It is further covenanted and

agreed that Gulfport-Biloxi Regional Airport Authority reserves the

right to further develop or improve the Airport and all roadways,

parking areas, terminal faci Iities, landing area and taxiways,

except on Subtenant's Premises, as it may see fit, regardless of

the desires or views of Subtenant and without interference or

hindrance. Provided, however, the Owner shall not develop Airport

to prohibit the uses granted Subtenant in this Sublease.

G: \APPSD\1o?51 \USER9\L£ASE:S\HCDCSUB. 97 17


APRIL 1997 TERM

9.07 Right to Amend. In the event that the Federal Aviation

Administration or its successors requires modifications or changes

in this Agreement as·a condition precedent to the granting o~ funds

for the improvement of the Airport, Subtenant agrees to consent to

Jsuch amendments, modifications, revisions t supplements, or

deletions of any of the terms, conditions or requirements of this

Agreement as may be reasonably required to obtain such funds;

provided, however, that in no event will Subtenant be required

pursuant to this paragraph, to agree to an increase in the rent

provided for hereunder or to change in the use or to a reduction in

size of iOableased Premises (provided it is an authorized use

hereunder) to which Subtenant has put the subleased premises.

9.08 Part 77 Notification. Subtenant agrees to comply with

the notification and review requirements covered in Part 77 of the

Federal Aviation Regulations in the event any future structure or

bUilding is planned for the subleased premises, or in the event of

any planned mOdification or alteration of any present or future

bUilding or structure situated on the subleased premises. The

subtenant agrees to abide by all restrictions and requirements of

Part 77 of the Federal Aviation Regulations.

]9.09 Ramp Space to be Maintained by Subtenant. Subtenant

shall suitably maintain in a safe and serviceable condition all

ramp space, which is the subject of this Sublease, and will

promptly remove all snow, ice, debris, or other foreign objects;

provided, however, Subtenant shall not be responsible for

structural repairs to non-exclusive ramp space.

9.10 Subtenant's Services Not Discriminatory. All of

Subtenant's services will be provided on a fair, equal, and not

unjustly discriminatory basis; and Subtenant's charges for services

will be fair, reasonable, and not unjustly discriminatory.

9.11 Ramp Space to be Provided by Subtenant. Subtenant shall

at all times provide adequate ramp space for the public use,

including non-discriminatory assignment of aircraft parking and tie

down spaces for the public use and for the accommodation of

itinerate users. With regard to this use, Subtenant shall enforce ]G: \AP?SD\wP51 \USER9\LF:ASES\HCDCSUB. 97 18


APRIL 1997 "rERM

629

Regulations at the request of Primary Tenant.

appropriate Gulfport-Biloxi Regional Airport Authority Ruies and

I 9.12 Users of Ramp Space Allowed to Use Other Operators.

Subtenant is prohibited from requiring users of the subleased ramp

space from purchasing gDods, services, or any products whatsoever

from Subtenant. In addition, Subtenant must permit users of aprDn

space freely to secure service for their respective aircraft at a

IDcation on the AirpDrt other than the space subleased by

Subtenant. In addition, Subtenant must allow the users of disabled

aircraft on Subtenant's subleased ramp space to employ or retain

assistance frDm commercial Dperators other than Subtenant, for the

purpose of taxing or towing the disabled aircraft away from the

subleased ramp area.

9.13 Users of Ramp Space Allowed to Service Own Aircraft.

I

I

Subtenant shall not prohibit or restrict those persDns using the

subleased apron area from tying dDwn and servicing their own

aircraft.

9.14 Covenants. All provisions in this Article are CDvenants

by Subtenant, and any viDlations of the prDvisions in this Article

or any failure tD comply with prDvisiDns in this Article shall

constitute a default in this Sublease by Subtenant.

ARTICLE 10

JANITORIAL, CUSTODIAL AND GROUNDS KEEPING

Subtenant shall be responsible at its sale cost for prDviding

all janitorial, custodial, and grounds keeping services in its

subleased areas, inclUding all bui ldings and structures. The

GulfpDrt-Biloxi Regional Airport AuthDrity, in order to maintain

standards of janitorial, custDdial, and grounds keeping services

throughout Gulfport-BilDxi Regional AirpDrt, shall have t~e right

to take Dver all of such services, which are tD be perfDrmed by

Subtenant at any time during the term of this Sublease upon a ten

(10) day written notice to Subtenant advising Subtenant of its

failure to maintain the proper standard Df said services in its

areas. In the event that a written notice is given to Subtenant by

the Gulfport-Biloxi Regional Airport Authority and Subtenant

G: \ 1U'PSO\WP 51 \USER9\LEASES\HCDCStlB. 97 19


APRIL 1997 TERM

proceeds to provide the said services in line with its own

standards, then and in that event, subtenant shall be billed and

shall pay the cost of such janitorial, custodial, and grounds

keeping services on the basis of the reasonable rates set from time

to time by the Gulfport-Biloxi Regional Airport Authority.

All provisions in this Article are covenants by Subtenant, and

any violations of the provisions in this Article or any failure to

comply with provisions in this Article shall constitute a default

in this Sublease by Subtenant.

ARTICLE 11

TRIPLE NET SUBLEASE

This Sublease is a "Triple Net Sublease" to Primary Tenant and

the GUlfport-Biloxi Regional Airport Authority, in which Subtenant

is solely responsible for all construction costs, capital

]

improvement costs, maintenance and repairs, replacements,

restoration, taxes, insurance, fines (if any), and environmental

damage (i f any) at Subtenant's sole cost, with regard to the

subleased premises and all improvements thereon with the sole

exception that the Primary Tenant shall construct the improvements

identified in paragraph 3.01.

Owner shall keep the public roads, aprons, ramps, and taxi

lanes on and adjacent to Tenant's property in good repair.

ARTICLE 12

LANDING AREA

The Gulfport-Biloxi Regional Airport Autnority reserves the

right (but shall not be obligated to Subtenant) to maintain the

landing area of the Airport and all publicly owned facilities of

the Airport. Extraordinary damages caused by Subtenant's employees

and agents will be repaired by Subtenant and the cost billed to and

paid by the responsible Subtenant.





]

]G: \APPSD\WPSl \U5ER9\LE:ASES\HCDCSUB. 97 20

I


APRIL 1997 TERM

ARTICLE 13

SECURITY AND CERTIFICATION

Subtenant agrees to comply with the intent of Federal Aviation

Regulations Part 107 (Airport Security) and Federal Aviation

Regulations Part 139 (Airport Certification) and the Gulfport-

Biloxi Regional Airport Authority's policies as outlined in the

Gulfport-Biloxi Regional Airport Authority's Federal Aviation

Administration approved Airport Security Program and Certification

631

Manua 1. Subtenant further agrees that charges, fees, and fines

levied upon and paid by the Gulfport-Biloxi Regional Airport

Authority through enforcement of Federal Aviation Regulation Part

107 or Part 139 or any subsequent regulation because of acts by

Subtenant's employees, agents, suppliers, guests or patrons shall

be borne by Subtenant, and shall be paid by Subtenant promptly upon

demand and all agencies thereof which may be applicable 'to its

operations or the operation, management, main',-enance or

administration of the Airport now in effect or hereafter

Gulfport-Biloxi Regional Airport Authority any and all permits,I promulgated and further, Subtenant will display to the

I

licenses or other evidences of compliance with all laws upon

request of the Gulfport-Biloxi Regional Airport Authority.

subtenant, by executing the sublease, specifically acknowledges

understanding of the Airport Rules and Regulations, the Gulfport-

Biloxi Regional Airport Minimum Standards for Operators and

Businesses, Airport Security Program, and Certification Manual and

agrees to observe and comply with such and any reasonable changes

made to such throughout the term of this agreement.





ARTICLE 14

ASSIGNMENT

Subtenant shall not sublet, assign, sell or transfer all or

any portion of its interest under this Sublease, or permit any

Ci; \APPSD\ WF51 \VSER9\lEASES\HCDCSUB. 97 21


APRIL 1997 TERM

other person, firm or corporation to occupy the subleased premises

without the joint consent of Primary Tenant and the Gulfport-Biloxi

Regional Airport Authority. Primary Tenant and the Gulfport-Biloxi

Regional Airport Authority, respectively, shall have the sole

discretion (with or without cause) to decide whether or not their

respective consent shall or shall not be granted.

In any event, if such consent is granted, any successor or

assignee must at all times comply with the Minimum Standards for

operators and Businesses and all the covenants, stipulations,

provisions, terms, conditions, and agreements in this Sublease.





ARTICLE 15

Subtenant shall have the right to install in the subleased

premises advertising signs representing its business which signs

shall be substantially uniform in size, type and location with

]

]those of other fixed based operators leasing space. The number,

general type, size and location of such signs shall be subject to

the prior written approval of the Gulfport-Biloxi Regional Airport

Authority, said approval shall not to be unreasonably withheld.





!'RTICLE 16

COMPLIANCE WITH LAWS

16.01 General. Subtenant shall observe and comply with all

laws, ordinances, rules and regulations of the United States

Government, the State of Mississippi, the county of Harrison, and

the City of Gulfport, and all agencies thereof which may be

applicable to its operations or the operation, management,

maintenance or administration of the Airport now in effect or]

c: \h?PSD\WP51 \U~ER9\LI:AS:ES\f:ICOCSUB.91 22

I


APRIL 1997 TERM

hereafter promulgated and further, Subtenant will display to the

Gul fport-Biloxi Regional Airport Authority any and all permits,

licenses or other evidences of compliance with all laws upon

request of the Gulfport-Biloxi Regional Airport Authority.

Subtenant, by executi ng the Sublease, speci f ically acknowledges

understanding of the Airport Rules and Regulations, the Gulfpart-

Biloxi Regional Airport Minimum Standards for Operators and

Businesses, Airport Security Program, and Certification Manual and

agrees to observe and comply with such and any reasonable changes

to such throughout the term of this agreement.

16.02 Environmental. In addition to all other provisions of

this Sublease, Subtenant, at its sale cost and expense, shall

comply with all laws, statues, ordinances, rules and regulations of

any governmental authority having jurisdiction concerning

I

environmental matters, including, but not limited to, any discharge

into the air, waterways, sewers, soi I or ground water of any

substance or "pollutant".

The GulfporL-Biloxi Regional Airport Authority and its agents

and representatives shall have reasonable access to the premises

for the purpose of ascertaining the nature of the activities being

conducted on the premises and to determine the type, kind and

quantity of all products, materials and substances brought onto the

premises or made or produced on the premises. Subtenant and all

I

occupants of the premises claiming under Subtenant shall provide to

the Gulfport-Biloxi Regional Airport Authority copies of all

mani fests, schedules, correspondence and other documents of all

types and kinds when filed or provided to an appropriate

governmental agency or otherwise required to be maintained by such

an agency or as such matters are received from any governmental

agency having jurisdiction over these matters. The Gulfport-Biloxi

Regional Airport Authority and its agents and representatives shall

have the right to take samples in quantity sufficient for

scientific analysis of all products, materials and substances

present on the premises inclUding, but not limited to, samples of

products, materials or substances brought onto or made or produced

G: \}oJ'PSO\ WP51 \USER9\LEASES\HCDCSUB. 97 23


APRIL 1997 TERM

on the premises by Subtenant or any occupant claiming under

Subtenant or otherwise present on the premises.

If Subtenant breaches the obligations stated in this Section,

or if the presence of hazardous material on the premises caused or

permitted by Subtenant results in contamination of the premises, or

if contamination of the premises by hazardous material otherwise

occurs for which Subtenant is legally liable to any person for

damage resulting therefrom, then Subtenant shall indemnify, defend

and hold the Gulfport-Biloxi Regional Airport Authority and Primary

Tenant harmless from any and all claims, judgments, damages,

penalties, fines, costs, liabilities or losses (including, without

limitation, diminution in value of the premises, damages for the

loss or restriction on use of rentable or usable space or of any

amenity of the premises, damages arising from any adverse impact on

marketing of the premises, and sums paid in settlement of claims,

attorneys' fees, consultant fees and expert fees) which arise

during or after the term of the Sublease as a result of such

contamination. This indemnification of the Gulfport-Biloxi

Regional Airport Authority and Primary Tenant by Subtenant

includes, without limitation, costs incurred in connection with any

investigation of site conditions or any cleanup, remedial, removal

or restoration work required by any federal, state or local

governmental agency or political subdivision because of hazardous

material present in the soil or ground water on or under the

premises. Without limiting the foregoing, if the presence of any

hazardous material on the premises caused or permitted by S'lbtenant

results in any contamination of the premises, Subtenant shall

promptly take all actions at its sole expense as are necessary to

return the premises to the condition existing prior to. the

introduction of any such hazardous material to the premises

prov ided that the Gul fport-Biloxi Regional Airport Authority's

approval of such actions shall first be obtained, which approval

shall not be unreasonably withheld so long as these actions would

not potentially have any material adverse long-term or short-term

effect on the premises.

J

]

]G: \A.PPSD\WP~1 \USEl'9\LE:l\SES\HCOCStJll. 97 24

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APRIL 1997 TERM

As used in this sublease, the term "hazardous material" means

any hazardous or toxic substance, material or waste which is or

becomes regulated by any local governmental authority, the State of

Mississippi or the United States Government. The term "hazardous

material" includes, without limitation, any material or substance

which is (i) defined as a "hazardous waste" or other hazardous

material or substance under any of the laws of the State where the

635

premises are located, (ii) petroleum, (iii) asbestos, (i v)

designated as a "hazardous substance" pursuant to the Federal Water

Pollution Control Act (v) defined as a "hazardous waste" pursuant

to the Federal Resource Conservation and Recovery Act, as amended,

or (vi) defined as a "hazardous substance" pursuant to the

Comprehensive Environmental Response, Compensation and Liability

Act, as amended.

16.03 Covenants. All provisions in this Article are

Ecovenants by Subtenant, and any violations of the provisions in

this Article or any failure to comply with provisions in this

Article shall constitute a default in this Sublease by Subtenant.

ARTICLE 17

INSURANCE

17.01 Insurance. Subtenant covenants to furnish, and it is

E

understood and agreed that Subtenant shall procure, at its own

expense, and maintain in force throughout the entire term of this

Sublease, including renewal terms, such insurance as may be

required by the Minimum Standards for Operators and Businesses, as

stated in the official minutes of the Gulfport-Biloxi Regional

Airport Authority (Owner), as promulgated by Owner; and as they may

be amended from time to time by Owner in the sole jUdgment of

Owner, but at least in the following amounts and limits specified:

(1) Comprehensive General Liability, insurance, including

third party premises and operations in an amount not less

than $3,000,000.00 combined single limit, covering the

subleased premises, areas, spaces, facilities, operations

and uses of Subtenant under the Sublease.

G: \hPPSD\ h'P 51\USER9\LE!l.SES\HCDCSUB. 97 25


APRIL 1997 TERM

of Subtenant from the hazards of fire and other normal

property of others under the care, custody, and control

(2) Hangar-Keeper's Liability insurance, insuring the

]perils in an insured amount sufficient to cover

Subtenant's maximum exposure, but not less than

$3,000,000.00 combined single limit.

(3) Contractual Liability and Indemnification insurance as

specified in Article 18 of this Sublease.

(4) Fire and Extended Coverage Property Damage Insurance for

the "full insurable value" of the structures located on

the subleased premises.

(5) Workers' compensation insurance in accordance with the

laws of the State of Mississippi.

It is expressly understood and agreed that the GUlfport-Biloxi

Regional Airport Authority, the County of Harrison, Mississippi,

and the Harrison County Development Commission shall be an

additional named insureds on all said insurance policies, with the

exception of the indemnification contractual liability coverage.

Subtenant acknowledges and agrees that any and all 1 iabi 1 i ty

insurance required in Paragraph 17.01 shall be primary insurance as

between Subtenant's liability insurance, the Gu1fport~Biloxi

Regional Airport Authority's liability insurance and Primary

]

Tenant's liability insurance, respectively. Subtenant shall

furnish written documentation to the Gulfport-Biloxi Regional

Airport Authority that Subtenant's insurance carrier acknowledges

Subtenant's liability insurance is primary.

17.02 Insurance Certification. The Gulfport-Biloxi Regional

Airport Authority shall be furnished with original certificates of

all such insurance polices obtained by Subtenant in compliance with

this article at or before the commencement of construction of

facilities and annually thereafter. Subtenant, shall immediately

furnish the Gul fport-Biloxi Regional Airport Authority certi f icates

of all such insurance at the beginning of each term of coverage.

Subtenant's insurance carrier is required to notify the Gulfport-

Biloxi Regional Airport Authority immediately of any changes, ]G: \APPSD\wP51 \U5ER9\LEASES\HCDCSUB. 97 26

I


APRIL 1997 "rERM

endorsements, amendments or cancellations of such insurance

policies at least ten (IO) days prior to the effective date of such

change.

All insurance 'shall be written by an insurance company or

companies authorized by the Commissioner of Insurance of the state

of Mississippi to do business in the State of Mississippi.

A violation of this article shall constitute a default of this

Sublease.

All insurance certificates provided to the Gulfport-Biloxi

Regional Airport Authority shall expressly reflect all requirements

in Paragraphs 17.01 and 17.02.

637


I

I

covenants by Subtenant, and any violations of the provisions in


Article shall constitute a default in this Sublease by Subtenant,

ARTICLE 18

INDEMNIFICATION

It is understood and agreed, and Subtenant does hereby

covenant to indemnify and save harmless the Gulfport-Biloxi

Regional Airport Authority and Primary Tenant from any and all

liability, claims, fines, suits, demands, actions, causes of

action, and damages, of any kind or nature whatsoever for personal

injury, death and/or property damage in any way arising out of, or

resulting from any activity or operation of Subtenant ,on the

premises or in connection with its use of the premises; provided,

however, that Subtenant shall not be liable for any injury, damage

or loss occasioned by the sole negligence or sole willful

misconduct of the GUlfport-Biloxi Regional Airport Authority, or

Primary Tenant, their agents, or employees. Subtenant also agrees

to give the Gulfport-Biloxi Regional Airport Authority and Primary

Tenant prompt and timely notice of any claims, demands, or suits

against Subtenant arising out of Subtenant's uses of the premises,

property, area space and facilities mentioned herein, or arising

out of Subtenant's operations in, around, about or above the

G: \APPSD'''''P')l \USER9\1£ASES\HCDCSlJB. 97 27

638MINUTE BOOK


Gulfport-Biloxi Regional Airport, or in any way connected, either

directly or indirectly, to the Gulfport-Biloxi Regional Airport.





ARTICLE 19

TRASH REMOVAL

Subtenant shall provide at its sole expense, if such services

are not provided by the City of Gulfport, complete and proper

arrangement for the adequate sanitary handling and disposal, away

from the Airport, of all trash, ga ~age, and other refuse because

of the operation of Subtenant's business. Subtenant shall provide

and use suitable covered metal receptacles for all garbage, trash,

and other refuse on or about the premises in connection with

Subtenant's area. Such obligations shall b7 performed at the sole

cost of Subtenant.





ARTICLE 20

UTILITIES CHARGES

The Gulfport-Biloxi Regional Airport Authority shall, at its

expense, bring utility connections to the areas leased herein, in

order that Subtenant may connect to utility services.

It is expressly understood and agreed that Subtenant is

exclusively responsible for obtaining any and all utility services

that it desires or deems necessary and Subtenant is exclusively

responsible for payment of same to the party from whom said utility

services are obtained. Said utilities and utility services

include, but are not limited to, electricity, gas, coal, coal oil,

water, sewage, heating, air conditioning, plumbing, and lighting.



]

]

]G: \APPSD\...-pSl \USER9\LEASES\HCDCSlJB. 97 28

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APRIL 1997 TERM



ARTICLE 21

SUBJECT TO EASEMENTS

It is understood and agreed that this Sublease is subject to

all easements, right-of-ways, and conveyances, as the same appear

of record in the office of the Chancery Clerk of Harrison County or

the minutes of the City of Gulfport, Mississippi, or the minutes of

the Gulfport-Biloxi Regional Airport Authority.

All provi3ions in this Article are covenants by Subtenant, and




ARTICLE 22

QUIET ENJOYMENT

Primary Tenant represents that it has. the right to Sublease

said property, together with all the facilities, rights and

privileges herein granted, and has full authority to enter into

this Sublease in respect thereof, and covenants that upon

performance of the agreements on the part of Subtenant to be

performed hereunder, Subtenant shall peaceably have and enjoy said

premises, facilities, rights and privileges.





ARTICLE 23

DAMAGE TO OR DESTRUCTION OF SUBLEASED PREMISES

23.01 Partial Damage. If any bUilding on property subleased

to Subtenant shall be partially destroyed by fire or other

casualty, the same shall be repaired by Subtenant n a workmanlike

manner, and Subtenant's rent and all fees provided for in this

Sublease shall continue.

639

G: \APPS:l\WP51 \lJSER9\LEASES\HCDCSUB. 97 29


APRIL 1997 TERM

unfit for use, either by fire or other casualty, the same shall be

subleased to Subtenant shall be completely dest~oyed or rendered

23.02 Complete Destruction. If any bUilding on property

]rebuilt by Subtenant in a workmanlike manner, and Subtenant's rent

and all fees provided for in this Sublease shall continue.


covenants by Subtenant, and any violations of the provisions in


Article shall constitute a default in this Sublease by Subtenant.

ARTICLE 24

REDELIVERY OF PREMISES

Subtenant agrees to yield and deliver to Primary Tenant

possession of the premises subleased herein and all permanent

subleasehold improvements at the termination of this Sublease, by

expiration or otherwise, or at the termination of any renewal term

or extension thereof, in good condition, redsonable wear and tear

excepted, free of liens and encumbrances and at no cost to Primary

Tenant or the Gulfport-Biloxi Regional Airport Authority.

ARTICLE 25

CANCELLATION BY PRIMARY TENANT

25.01 Nonpayment of Monies. It is expressly understood and

agreed that nDnpayment Df any rentals, fees or charges, which are

due under the provisions of this Sublease to Primary Tenant and/or

the Gulfport-Biloxi Regional Airport Authority shall constitute a

]•....

default of this Sublease by Subtenant. In the event of such a

defaul t by Subtenant for nonpayment of such rentals, fees or

charges to Primary Tenant and/or the Gulfport-Biloxi Regional

Airport Authority, Primary Tenant or its designee shall notify

Subtenant of said non payment by United States Postal Service

certified mail to Subtenant at the address contained in this

Sublease. Subtenant shall have ten (10) days from the date said

notice was mailed to tender the amount due tD Primary Tenant and/or

the Gulfport-Biloxi Regional Airport Authority, respectively.

the event Subtenant does not tender said amount due to Primary

In

lG: \APPSD\Wi'51 \USER9\LEASES\HCOCSUB. 97 30


APRIL 1997 "rERM

Tenant and/or the GUlfport-Biloxi Regional Airport Authority within

said ten (10) days, Primary Tenant may cancel the Suble,-,se for

default, by sending written notice to Subtenant, via United States

Postal Service certified mail. The cancellation shall be effective

five (5) days after the date notice of cancellation is mailed.

641

25.02 Breach of Cov~nants. In addition, it is also

understood and agreed that in the event Subtenant breaches or fails

to perform any of the covenants or agreements contained in this

Sublease (other than non-payment of rentals, fees, and charges), or

violates any of the conditions, terms or provisions in this

Sublease, Subtenant shall also be in default of this Sublease.

Upon discovering any breach, violation or failure, Primary Tenant

may, at any time after discovery by Primary Tenant or the Gulfport-

Biloxi Regional Airport Authority, send written notice to

Subtenant, via United States Postal Service certified mail,

requesting Subtenant to cure same. In the event Primary Tenant

Inotifies Subtenant to cure such breach, violation or failure,

Subtenant shall have thirty (30) days from the date Primary Tenant

mailed said notice, within which to cure same. If Subtenant fails

to cure such breach, violation or failure within thirty (30) days,

Primary Tenant may cancel this Sublease for default, immediately,

by sending written notice to Subtenant. The cancellation shall be

effective the date notice of cancellation is mailed.

25.03 Additional Defa~lt Occurrences. In addition, it is

also understood and agreed that Subtenant shall be in default of

this Sublease upon the occurrence of any of the following:

(1) The taking of possess ion by Pr imary Tenant's credi t'ors of

any part or all of the premises leased herein. Provided,

however, that in such event, owner will be bound to honor

any written agreements it has executed with any of

Primary Tenant's creditors wi th respect to said

I(2 )

creditors' interest in this Lease.

The abandonment by Primary Tenant of the leased premises

for a period in excess of thirty (30) days.

c: \APPSD\WPSI \UsrR9\LUlSES\HCDCSUB. 91 31


APRIL 1997 TERM

(3) The failure of Primary Tenant to occupy the leased

premises for a period in excess of thirty (30) days.

(4) The imposition by Primary Tenant's creditors of any lien

against Primary Tenant's leasehold interest, including

any improvements thereon, without prior express, written

approval by Owner.

In the event of default by Subtenant arising out of any:of the

preceding four (4) occurrences, Primary Tenant may at any time

after the discovery of the occurrence by Primary Tenant,cancel

this Sublease immediately by mailing written notice of cancellation

to Subtenant. The cancellation shall be effective the date notice

of cancellation is mailed.

]

25.04 Acceptance of Rent Not Waiver. The acceptance of

rental payments, fees or other charges by Primary Tenant of the

Gulfport-Biloxi Regional Airport Authority for any period after

default by Subtenant of any of the terms, conditions, covenants,

agreements, responsibilities, obligations or portions thereof

herein contained shall not constitute or be deemed a waiver of any

right on the part of Primary Tenant to cancel this Agreement for

default.

]25.05 Subsequent Default. Prim~ry Tenant's waiver of any

default of Subtenant shall not be a waiver as to any subsequent

default of Subtenant.

25.06 Possession. In the event of cancellation by Primary

Tenant of this Sublease, primary Tenant shall be entitled to the

immediate possession of the areas, space, premises and facilities

and all other things provided to Subtenant in this Sublease in

accordance with Article 24.

ARTICLE 26

ACCELERATION

In the event of the cancellation of this Sublease by Primary

Tenant for any of the reasons stated in this Sublease, or in the

event of default by Subtenant with regard to any of the terms,

conditions, agreements, obligations, responsibilities or portions

]c; \APPSD\W?51 \USER9\LEASES\HCDCSUB. 91 32

I

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APRIL 1997 rERM

thereof in this Sublease, all rentals, fees and charges payable by

Subtenant to Primary Tenant on a monthly basis under the provisions

of the Sublease shall accelerate and become immediately due, owed

and payable to Primary Tenant for the entire remaining term of the

Sublease.

ARTICLE 27

ATTORNEY'S FEES

In the event either party initiates litigation to enforce the

provisions of this Sublease, the losing party in said litigation

shall be liable to the prevailing party for reasonable attorney

fees.

ARTICLE 28

REMEDIES OF DEFAULT

It is also understood and agreed that in the event of any

default herein by subtenant or Primary Tenant, that the other

party, in addition to all rights, powers and remedies heretofore

stated, shall be entitled to all additional rights and remedies as

it might have under the applicable laws of the State of

Mississippi.

It is also understood and agreed that in the event of default

by Subtenant and cancellation by Primary Tenant of this Sublease,

Primary Tenant's cancellation shall not be construed as an election

of remedies; rather, Primary Tenant shall also have the right to

collect from Subtenant and any and all of Subtenant's guarantors to

this Sublease any and all remedies at law and equity available to

Primary Tenant under the laws of the State of Mississippi. It is

understood and agreed that Primary Tenant shall have these rights

in addition to the right to cancel this Sublease in the event of

default.

ARTICLE 29

CANCELLATION BY SUBTENANT

Subtenant, in addition to any right of cancellation or any

other right herein given to Subtenant, may cancel this Sublease

upon thirty (30) days written notice after the happening of anyone

(1) of the following:

643

G: \A.P?SO\WP51 \USER9\LEASES\HCDCSUB. 97 33

644MINUTE BOOK


(1) Breach by Primary Tenant of any of the covenants or

agreements herein contained, and the failure of Primary

Tenant to remedy such breach or initiate remedial action

for a period of thirty (30) days after receipt of a

written notice by Subtenant notifying Primary Tenant of

such breach and requesting Primary Tenant to remedy such

breach.

(2) The inability of Subtenant to use said premises, areas,

spaces and facilities continuing through a period longer

than thirty (30) days due to any law, order, rule,

ordinance or regulation of any governmental authority

having jurisdiction over the premises, the parties to

this Sublease and the operations of Primary Tenant and

Subtenant.

(3) The inability of Subtenant to use said premises, areas,

spaces and facilities continuing through a period longer

than thirty (30) days due to ill repair of the airport

roads affording access to Subtenant's subleased premises;

or due to ill repair of airport ramps designated in this

]

]Sublease. The standard for determining whether or not

the aforestated airport roads and airport ramps are in

such ill repair as to be unusable by Subtenant shall be

whether or not such airport roads and ramps are

reasonably satisfactory for use; not whether or not such

airport roads and ramps are perfect or imperfect.

ARTICLE 30

ENTRANCE

Representatives of the Gulfport-Biloxi Regional Airport

Authority and Primary Tenant may enter upon the premises now or

hereafter subleased exclusively to Subtenant at any reasonable time

for any purpose incidental to or connected with the Gulfport-Biloxi

Regional Airport Authority's operation of the Gulfport-Biloxi

Regional Airport Authority and/or the Gulfport-Biloxi Regional

Airport Authority's exercise of its governmental functions.

]G: \~PSD\'WP51\USER9\LEASES\f1CDCSUB _97 34

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APRIL 1997 TERM

ARTICLE 31

INVALIDITY

31.01 Invalid Article. It is also expressly understood and

agreed that in the event any agreement, covenant, term, condition,

remedy, clause, Article, or provision in this Sublease is held

invalid by any Court of competent jurisdiction, or by the Federal

Aviation Administration, or by any state or federal agency of

competent jurisdiction, the invalidity of any such covenant,

condition, remedy, clause, Article or provision of this Sublease

shall in no way affect any other agreement, covenant, term,

condition, remedy, clause, Article or provision of this Sublease.

31.02 Invalid Sublease. It is also expressly understood and

agreed that in the event this Sublease or any portion of it is held

invalid, illegal, or otherwise contrary to or in conflict with any

laws of the State of Mississippi, any regulations of the Federal

Aviation Administration, or any laws of the United States of

America, or any regulations of any other state or federal agency of

competent jurisdiction; neither Primary Tenant nor Owner is liable

to Subtenant or any other parties for any damages, expense, 0.'::

costs resulting from such a holding, including but not limited to

any damages, expense, or cost to Subtenant in the event this

Sublease or any portion of it is canceled or amended by any Court

of competent jurisdiction, the Federal Aviation Administration, or

any other state or federal agency of competent jurisdiction.

ARTICLE 32

FEES, FINES AND TAXES

Subtenant agrees to pay, when due, and to hold the GUlfport-

Biloxi Regional Airport Authority and Primary Tenant harmless from

and indemnify the Gulfport-Biloxi Regional Airport Authority and

Primary Tenant for all fees, fines and taxes charged, assessed or

levied by any competent governmental authority, inclUding but not

limited to environmental fees, fines, charges or assessments. The

failure to pay any such tax, fine, charge or assessment fee, the

validity of which shall be contested in good faith, shall not be

645

G: \APl'SD\ wP 51 \USER9\LEASES\HCDCSUB. 97 35

·646MINUTE BOOK


interpreted as a violation of this covenant until such contest

shall have been abandoned and the time for objection or appeal has

expired.

ARTICLE 33

EXEMPTION FOR AD VALOREM TAXES

Because this Sublease is entered into pursuant to Section 61-

3-21 of the Mississippi Code of 1972 Annotated, this Sublease and

]

all structures, improvements and other facilities erected,

installed, constructed are located in connection herewith, shall be

free and exempt from all state, county and municipal ad valorem

taxes on real property and personal property for so long as may

otherwise be lawful, .and the charges, rentals and fees received by

Primary Tenant in connection with this Sublease shall be deemed in

lieu of said taxes. Said exemption shall be for the entire term of

this Sublease, including any option terms; provided the Tax

Assessor for Harrison County, Mississippi, and the Tax Commission

however, neither Primary Tenant nor Owner shall have any duty,

obligation or responsibility to Subtenant to seek approval of this

for the State of Mississippi permit this exemption. Provided,

]ad valorem tax exemption for Subtenant. Provided, also, in the

event this ad valorem tax exemption is not permitted by the

Harrison county Tax Assessor or the Tax Commission of the State of

Mississippi, Subtenant shall have the sole obligation and

responsibility for payment of such ad valorem taxes; and Subtenant

shall not be entitled to any rent reductions by Primary Tenant or

Owner.

ARTICLE 34

SUBJECT TO PRIMARY LEASE

This Sublease is also subject to and secondary to the Primary

Lease between Primary Tenant and GUlfport-Biloxi Regional Airport

Authority. It is understood and agreed by the parties hereto that

in the event Primary Tenant's lease (a copy of which is attached

hereto and incorporated herein as Exhibit "0") with the Gulfport-

Biloxi Regional Airport Authority for the property which is the

subject of this Sublease, is canceled by the Gulfport-Biloxi ]G: \hPPSD\ W? 51 \USEfl.9\LEASES\HCDCSUIl, 97 36

I

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APRIL 1997 TERM

Regional Airport Authority for the reason that Primary Tenant is in

default; or in the event such lease expires; this Sublease shall

terminate simultaneously with the termination of the primary lease,

for any reason whatsoever, and Subtenant shall not be entitled to

recover any damages or to pursue or litigate any remedies in law or

in equity against the Gulfport-Biloxi Regional Airport Authority.

It is also understood and agreed that in the event the Owner

notifies Primary Tenant of any default in the Primary Lease by

Primary Tenant, then the Owner will concurrently send a copy of

said notice to Subtenant and Subtenant shall have the same rights

to cure the default as Primary Tenant.

ARTICLE 35

APPROVALS

Any and all approvals, consent and notices called for in this

agreement shall be in writing.

ARTICLE 36

AMENDMENTS

Any and all amendments to this Sublease and any and all

waivers to any of the requirements in this Sublease shall not be

valid unless specified in writing and signed by the parties to this

Sublease.

ARTICLE 37

DEFINITIONS

37.01 "Addition" shall mean any fixed modification, addition

and improvement made on or to the Premises, or made on or to any

fixed improvement on the Premises.

37.02 "Airport" shall mean and have reference to all of the

Airport Authority owned or subleased real or personal property

comprising Gulfport-Biloxi Regional Airport as it now exists Or as

may hereafter be expanded and developed and shall include all of

its facilities.

37.03 "Airport Authority or GBRAA" shall mean the Gulfport-

Biloxi Regional Airport Authority, a corporate body politic,

organized and existing under the laws of the State of Mississippi.

647

G: \A??SO\WFSl \USEil9\l..r.A.SES\HCDCSUB. 97 37

648MINUTE BOOK


It is the owner of the Gulfport-Biloxi Regional Airport Authority

on which the leased premises are situated.

37.04 "Commercial Tenants and Operators" shall mean a person,

firm or corporation engaging in any aviation related activity for

monetary gain, including cargo base operators.

J37.05 "Exec'uti ve Director" shall mean the Chief

Administrative official of the Gulfport-Biloxi Regional Airport,

dUly appointed by the Airport Authority.

37.06 "FAR" shall mean the Federal Aviation Regulations

promulgated by the FAA.

37.07 "Federal Aviation Administration" or "FAA" shall be

construed as referring to the Federal Agency created by the United

States Government under the Federal Aviation Act of 1958, as

amended or to such other agency or agencies of the United States

Government, having, from time to time, similar jurisdiction over

Primary Tenant or Subtenant.

services in support of cargo carriers including sale of fuel to the

corporation engaging in a specified range of aviation related

37.08 "Cargo Base Operator" shall mean a person, firm or

]air cargo carriers.

37.09 "Full Insurable Value" shall mean actual replacement

costs, excluding cost of foundations, excavation, underground

piping and other underground installation.

37.10 "Primary Lease" shall mean the lease between the

Gulfport-Biloxi Regional Airport Authority and the County of

Harrison, State of Mississippi of the property, which is the

subject of this Sublease.

primary lease.

This Sublease is an Exhibit to said

37.11 "Sublease" or "Agreement" or "Contract" shall mean this

agreement and all exhibits thereto.

37.12 "Subtenant" shall mean Americas Cargo Enterprises,

Inc" or its written designee or assignee.

37.13 "Primary Tenant" shall mean the County of Harrison, of

the State of Mississippi, or its written designee or assignee.

JG: \APPSD\WP~l\USER9\LEASES\HCDCSUB. 97 38


APRIL 1997 rERM

649

37.14 "Triple Net Sublease" shall mean at no cost to Primary

repairs, insurance,I Tenant or

whatsoever,

the Gulfport-Biloxi

including maintenance,

Regional Airport Authority

utilities,

fines, taxes, and any other operating or capital costs.

37.15 "operator" shall mean the same and be used

interchangeable with the word "Subtenant" and other authorized

users of the premises having a signed Lease, Sublease, or Operating

Agreement with the Gulfport-Biloxi Regional Airport Authority.

37.16 "Person"· or "Persons" shall be construed as including

individuals, firms, partnerships, joint ventures, business

corporations, limited liability corporations, and any other legal

entity.

37.17 "Premises" shall mean the exclusive and non-exclusive

use areas of Primary Tenant's subleasehold plus any other area

which may be added thereto under the terms of this agreement.

37.18 "United States" or "United States Government" or

I

I

"United States of America" shall include, but not be limited to,

the Federal Aviation Administration.

37.19 "Owner" shall mean the Gulfport-Biloxi Regional Airport

Authority.

ARTICLE 38

Notices provided for herein shall be sufficient if sent by

United States Postal Service certified mail, postage prepaid, as

follows:

(1) Primary Tenant - County of Harrison, c/o the Executive

Director of the Harrison County Development Commission,

Post Office Box 569, Gulfport, Mississippi 39502;

(2) The Gulfport-Biloxi Regional Airport Authority, Executive

Director, 14035-L Airport Road, Gulfport, Mississippi

39503; and

(3) Subtenant - Americas cargo Enterprises, Inc., 4200 8th

Avenue, Gulfport, Mississippi 39501.

c: \APPSD\'.IP51 \USER9\Lf;ASES\HCDCSUB. 97 39

650MINUTE BOOK


IN WRITING WHEREOF, the parties hereto have cause this

agreement to be executed on this the 7

1997,

Primary Tenant:

day of "',,?~,....-Q,-,-- _ ]Harrison County, State of Mississippi

By:

By:

Commission

Subtenant: Americas Cargo Enterprises,Inc.

APPROVED AND CONSENTED TO:

Gulfport-Biloxi Regional Airport

Title:~-----~----------

]

]G: \APPSD\W?5l \IJSER9\LL:AS'£S\HCDCSUE. 91 40

I


APRIL 1997 TERM



HARRISON COUNTY DEVELOPMENT COMMISSION


and for the County and State aforesaid,Elmer Williams, who stated

R51

that he is the ~ p_r_e_s_i_d_e_n_t of the Harrison

County Development Commission and that he signed, sealed and

delivered the above and foregoing instrument on the day and year

therein mentioned, for and on behalf of said Commission having been

duly authorized to do so as an official act on behalf of the

corporation.

I

I

_ GIVEN und~ hand

cR0 day of ~


1lY~ STATEWIDE ~OTARl' PlIWCCOIllllSSlOH EXPIRES AUG. IS, =

G: \AP?SD\wP~l WSER9\LEASE5\HCDCSUB. 97

and official seal of office, on this the

41

I

652MINUTE BOOK




HARRISON COUNTY~ OF SUPERVISORS

Personally appeared before me, the undersigned authority inLarry Benefield

and for the County and State aforesaid, / , who stated

]

that he is the prpsident of the Harrison

county Board of Supervisors and that he signed, sealed and

delivered the above and foregoing instrument on the day and year

therein mentioned, for and on behalf of Harrison County,

Mississippi, having been duly authorized to do so as an official

act on behalf of the corporation.


~ day of _--"A:>.lp,-,r~i~l,,---- , 1997.


My Commission Expires Feb. 27. 2000

G: \APPSD\WF51 \1JS<:R9\LSASL;S\IiCOCSUB. 97

-fl/\GJ'JL~ P. Lp.NOTARY PUBLIC

42

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653MINUTE BOOK


IIIIIIIIIIIIIIIII

X~X~rnKE

900 ~gC~Di

600300>.FENCEPOSTFOUND

~ ++ +~ +++++++

++++++++x~ .++++~++

,. AREA 1 CONTAINS 3.81 ACRES + + + + + + + + + + + ; + + + + + + +~ OF Vv'ETLANDS. + + -+ + + ,. + + 'it" V 4- 4-.,; 2. PROPOSED IMPRDVEMENTS + + + + + + + + + "+....... + +n ENCOMPASS 1.11 ACRES OF 4- + + + + + + + + ~ '+ +

WETLANDS. + -+ + 4- + + + + + + :?= ~w + +3. IMPROVEMENTS + + + + + + + + + + Ip Vj. + + +

x SHO'I/N IN AREA 1 + + + + + + + + + + +.q-. -.i + + + +ARE PROP70SEO.{+ + + + + + + + + + + ,'-I.. + -+ +

'+- + + + + ... + + + + -I- + r- +..... + ++; +++++++++++t1J3J-+

++++~+ +,+,+ +~~L~(f)

)

+ + + + + + + ~-~++++++++++++++++++

+++++++++++++++++++++++++++++++++++++

+ +++++++++++++++ ++++ ++++++++++++++ +++++++++++-1-+++++++

+ + + l ... ... ... -I- 5 89°4Q'OY w ... +X 3979.41' X

o

~

.".,

'""~"I00

z

I

SCALE IN FEET

'-C~U"'R~v"'E""R-;-A""'D-;;-'U""S=-r.D""'E=;L--;T'-;A---;"7L-;=E:-:N-;=G"'TH--;-r-C~H-;-;O"'R"'D~S"'E'""'A-;OR"'IN"'G"'"'C"'H"70=RDDISTAN CE

Cl 914.14" 21'31'18" 343.37' S 34'35'03" E 341.36'C2 713.85' 21'31'18" 268.14' S 34"35'03" E 266.56"C3 99.60' 90"02'40" 156.54' S 89'37'58" W 140.9"'

REfERENCE MAIERIAL:

USGS QUADRANGLE MAP "GULFPORT NORTH, MISS"HARRISON COUNTY TAX RECORDSGLO PLAT AND NOTESUNITED STA :t:S OF AMERICA LEASE AGREEMENT

(PROVIDEO BY OWNER)

DEEDS: BOOK PAGE818 142 (SUBJECT)

INDEXING INSTRUCnON-S-:-

Peel of NE 1/4, 5W 1/4 &.Poel of SE 1/4. SW 1/4 &.Por't of NW '/4, SE 1/4 &Parl of SW 1/4, SE \ /4St':etion 27, T-7-S. R-l1-W,Harrison County 1sl J.D., MSOocumcn t Prepared by:Grant H. Gillean"9 Moin StreetBiloxi, MS 39530601- 435- 5000

@W/E PROFESSIONAL SURVEYS, .. A DIVISION OF WNK, INC.

2710 BEACH BLVD., BILOXI, >'<5 39531

POINT OF COMMENCEMENT

POINT OF BEGINNING

OENOTES CURVE NUMBER

DENOTES 1/2" IRON ROD SETUNLESS OTHERWSE NOTED

DENDTES WETLANDS

P.O.C.

P.O.B.

CI

o

SEe SHEET 2 OF 2 FOR LEGAL DESCRIPTIONS

This is to CERTIFY that I hove caused a survey to be made of the propertyhereon described and delineated, and that the measurcmen ts and other daleindicaled arc correct to the best of my knowledge and belief.Ctess B Survey.

~/J"~ 4//A1,,/.=.~..;~>· ~,;:;:,;:>.~;;:\.~L~~;,<::SnGRANT H, GILLEON I~ 1'L:;'(:P .'IP.L.S. NUMBER 2590;l.,rSTATE OF ~IISSISSIPPI ':.. ,'.Field Surveyed 02 July, 1995 <:'.....: "r;

I

3214196.00 SHEET- 1 OF 2

654MINUTE BOOK


OESCHIPTION "REA I;

COMMENCE at on iron rod at the Northeast corner of Seelion 27. Township 7South, Range 11 West, Gulfporl, Horrison County First Judiciol District,Missis:>ippi and run South 00 degrees 29 minutes 22 seconds Eost olong lheeost line of said Seelion 27 lor 529.3.27 feet lo a fence post at theSoutheast corner or suit! Section 27; thence run South 89 degrees 40 minutesOJ seconds West olong the south line of said Section '2.7 for 3979.41 feel to 0

fence post; thence run North 00 degrees 37 minutes .33 seconds West for1.3'9.09 feel to 0 fence post; lhence run North 62 degrees 01 minute 51seconds Eo:>t for 694.62 feel lo on iron rod for the POINT OF BEGINNING.

From said POINT OF" BEGINNING, run North 62 de~recs 01 minute 51 seconds Eastfor 537.47 feet to on iron rod on the southwest edge 01 a concrete apron;thence run Southeasterly along the southwest edge 0/ said apron and along acurve to the left (having a radius of 914.14 feel. on internal angle of 21 degrees031 minutes i 8 seconds and a chord distance of 341.36 feet along 0 bearing ofSouth 34- degrees 35 minutes OJ seconds Eost) lor 343.37 feet to an iron rod;thcnce run South 45 degrees 20 minules 42 scconds East along the southwestedge of said apron ror 80.22 feel to 0 nail; thence run South 44 degrees 401minutes OJ seconds West (or 450.00 f~et 10 On iron rod; thence run North 45degrees 15 minutes 57 seconds West for 575.47 (eel bock to the POINT OFBEGINNING.

SCJid parcel of land is part of the Northeast Quarter Df lhe SouthwestQuarter, pad of the Southeasl Quarter of the Southwest Quarter and port oflhe NDrthwest Quarter of the Southeast Quartcr. all in Section 27. 10wnshipSouth, Range 11 West, Gulfport, Harrison County First Judicial District,Mississippi and contains 5 ..39 acres

INDEXING INSTRUCTIONS;

Pact of NE 1/4. SW 1/4 I<Port of SE 1/4. SW 1/4 I<Pod of NW 1/4. SE 1/4.Section 27, T-7-S, R-l1-W,Harrison County 1st J.D.• MS

Document Prepared by.Grant H. Gilleon"9 Moln Street8ilo,i, >.IS 39530 (601-435-5000)

DESCRIPTION AREA 2:

COMMENCE at on iron rod at the Northeast corner of Sedion 27, Township 7South, Range 11 West. Gulfport, Harrison County First Judiciol Oi:.tricl,Mississippi and run Soulh 00 degrees 29 minutes 22 seconds East olong lheClJst tine of said Section 27 for 5293.27 feet to 0 fence post at theSoulheast CDrner of said Section 27; lhence run South 89 degrees 40 minutesOJ scconds West along the south line Dt said Sec lion 27 tor 3979,41 feet to afence PDst; thenl;e run North 00 dcgrces 37 minutes 33 second:. West for1.3\9.09 feet to a fence post; lh~nce rUn North 62 degrees Ot minute 51seconds E03t for 1.232.09 feet to On irDn rod on the sOlJthwe~t edge of aconcrete apron for the POINT OF BEGINNING.

From said POINT OF BEGINNING, run North 66 degrees 10 minutes 36 seconds Eastfor 200.30 feet to on iron rod on the northeast edge of ~oid apron; lhencerun Southeasterly Dlong the edge of said aprDn ond olal"1g 0 curve lo the lell(having a radius of 71.3.65 feel, en internal angle of 21 degrees 31 rninules18 :seconds and a chord distance 01 266.56 feet olDng a beoring of Sou~h .34degrees 35 minules 0.3 seconds Eost) for 266.14 feet lo a nail; thence runSoulh 45 degrees 18 minutes 19 seconds East along the edge of said apron for61.3.18 feet to on iron rod; lhence run South 44 degrees 36 minutes 38 secondsWesl along the edge of said apron for \00.19 (eet to on iron rod; thence runWesterly along the edge of said ~pron and along a curve lo lhe right (havinga radh!s of 99.60 teet and an internal ongle of 90 degrees 02 minutes 40seconds) for 156..54 feet to 0 chip in concrete; lhence run North 45 degrees20 minutes 42 seconds West along lhe edge of said apron for 513.66 feel to oniron rod; thence run Northeasterly along the egd~ of said apron and along acurve to the right (having 0 radius 01 914.14 feet Dnd on inlornal oflgle of21 degrees 31 minutes 18 seconds) for 3403.37 feet bock to the POINT OFBEGINNING.

Said parcel of land is port of the Norlh'Oasl Quarter of the SouthwestOuarter , PDrt of the Southwest Quarter of lhe Soulheast Quarter and port ofthe Northwest Quarter or the Southeast Quarter, all in Section 27, TownshipSoulh. Range 11 West, Gulfport, Harrison Counly First Judiciol Ois\riet,Mississippi and contains 4.17 acres.

INDEXING JNSTRUCTIONS:

Po,t of NE 1/4. SW 1/4 I<Po,t of NW 1/4. SE 1/4 I<Port of SW 1/4. SE 1/4,Section 27. T-7-S. R-l'-W.Harrison County 1st J.D.. MS

]

]

]Documenl Prepared by.Grant H. Gillean119 Main StreelOilo,i, >.IS 39530 (601-435-5000)

III.~W/E PROFESSIONAL SURVEYSA DIVISIOfi Of 'MNK INC

2710 BEACH BLVD.. BILOX;. "S' 39531

3214196.00 SHEET 2 Of


APRIL 1997 TERM

IORDER

There next came on for consideration the request of the HARRISON COUNTY

DEVELOPMENT COMMISSION to concur in a Resolution to enter into a Lease and Sublease

of certain real property at the Gulfport-Biloxi Regional Airport in the First Judicial District of

Harrison County, Mississippi; said Lease is to be a lease of real property from the Gulfport-

Biloxi Regional Airport Authority as Lessor and to Harrison County, Mississippi as Lessee; and

said sublease to be a lease from Harrison County, Mississippi as Lessor to Americas Cargo

Enterprises, Inc. as Sublessee for the purpose of creating and operating an air cargo facility at

said Gulfport-Biloxi Regional Airport. After full discussion of the subject, Supervisor

ILaROSA, SR. offered the adoption of the following Order, to-wit:

AN ORDER OF THE HARRISON COUNTY BOARD OF SUPERVISORS CONCURRINGIN A RESOLUTION OF THE HARRISON COUNTY DEVELOPMENT COMMISSIONAUTHORIZING THE EXECUTION AND/OR RATIFICATION OF THE LEASE BY ANDBETWEEN THE GULFPORT-BILOXI REGIONAL AIRPORT AUTHORITY AS LESSORAND HARRISON COUNTY, MISSISSIPPI AS LESSEE OF CERTAIN REAL PROPERTYLOCATED AT THE GULFPORT-BILOXI REGIONAL AIRPORT; AND FURTHERAUTHORIZING THE SIMULTANEOUS EXECUTION AND/OR RATIFICATION OF ASUBLEASE BY AND BETWEEN HARRISON COUNTY, MISSISSIPPI AS LESSOR ANDAMERICAS CARGO ENTERPRISES, INC. AS LESSEE OF SAID REAL PROPERTY FORTHE PURPOSE OF CREATING AND OPERATING AN AIR CARGO FACILITY INHARRISON COUNTY, MISSISSIPPI AND FINDING THAT THE PRESIDENT AND CLERKOF THIS BOARD BE AND ARE HEREBY AUTHORIZED TO EXECUTE AND/OR RATIFYSAID LEASE AND SUBLEASE.

ORDERED, that receipt of a Resolution by the Harrison County Development

Commission authorizing the President and Secretary of the Commission to enter into a Lease and

Sublease of certain real property at the Gulfport-Biloxi Regional Airport in the First Judicial

District of Harrison County, Mississippi; said Lease is to be a lease of real property from the

Gulfport-Biloxi Regional Airport Authority as Lessor and to Harrison County, Mississippi as

I Lessee; and said subleases is to be a lease from Harrison County, Mississippi as Lessor to

656MINUTE BOOK


]Americas Cargo Enterprises, Inc. as sublessee for the purpose of creating and operating an air

cargo facility at said Gulfport-Biloxi Regional Airport, and requesting that the Harrison County

Board of Supervisors concur therein and join in the execution and further requesting that the

Harrison County Board of Supervisors ratify the execution of said lease and sublease and further

requesting the Harrison County Board of Supervisors to spread a copy of said lease and sublease

upon its minutes, is hereby acknowledged.

It is further ordered that this Board does concur and said resolution adopts the findings

contained therein; and it is further

ORDERED that the President, a Clerk of the Harrison County Board of Supervisors are

hereby authorized and directed to execute and/or ratify the lease and sublease attached as

Exhibits "A" and "B" respectively and to spread a copy of said lease and sublease upon the

minutes of this board.]

Supervisor C. T. SHITZER, JR.

follows:

Supervisor Bobby Eleuterius

Supervisor Larry Benefield

Supervisor David LaRosa, SI.

Supervisor Robin Midcalf

Supervisor C. T. Switzer, II.

seconded the motion, and the result was as

Voted: AYE

Voted: AYE

Voted: AYE

Voted: (ABSENT & EXCUSED)

Voted: AYE

The motion having received the affirmative vote from the majority

of the members present, the president then declared the motion carried

and the order adopted.

THIS, the 7th day of April 1997 ]* *

APRIL 7 •.. 1997 MEETING CONTINUES INBOOK 293


APRIL 1997 TERM

IThe following came on for consideration by the Board:

RESOLUTION

There next came on for consideration the request of TRITON SYSTEMS, INC. for an

exemption from ad valorem tax, and after a general discussion, Commissioner Frank Castiglia. If.

~ offered the following resolution:

1

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A RESOLUTION OF THE HARRISON COUNTY DEVELOPMENT COMMISSIONREQUESTING THE BOARD OF SUPERVISORS OF HARRISON COUNTY,MISSISSIPPI, AND THE CITY OF LONG BEACH, MISSISSIPPI, FAVORABLYCONSIDER THE APPLICATION OF TRITON SYSTEMS, INC. FOR ANEXEMPTION FROM AD VALOREM TAX TO THE EXTEND PERMITTED ANDAUTHORIZED BY STATUTE.

WHEREAS, the Harrison County Development Commission has reviewed the application for

exemption from ad valorem tax filed in triplicate by TRITON SYSTEMS, INC. with Harrison

County Board of Supervisors for an exemption from ad valorem tax pursuant to Section 27-31-

101, et seq., Mississippi Code of 1972, for property investment at TRITON SYSTEMS, INC., and

WHEREAS, the Harrison County Development Commission does find that it would be

appropriate and in order that the application be favorably considered by the Harrison County Board

of Supervisors and that the tax exemption be granted for the maximum period of time p~rmitted by

statute. It is therefore,

RESOLYED, that the Harrison County Development Commission does hereby request the

Harrison County Board of Supervisors to favorably consider the application of TRITON

SYSTEMS, INC. for exemption from ad valorem tax heretofore filed by TRITON SYSTEMS,

INC. with the Harrison County Board of Supervisors, provided, however, that the total exemption

not to exceed ten (10 ) years.


APRIL 1997 rERM

Commissioner Esther Coleman seconded the motion and on a roll call vote, the result was

]

as follows:

Commissioner Mary BankstonCommissioner Frank Castiglia, Jr.Commissioner Logan Cline, Jr.Commissioner Esther ColemanCommissioner Louis EliasCommissioner Franklin Kyle, Jr.Commissioner Billy LyonsCommissioner Don MasonCommissioner Larry PattersonCommissioner Jimmy Walker, Sr.Commissioner Elmer Williams

Voted AYEVoted AYEVoted AYEVoted AYEVoted -.AYEVoted AYEVoted AYEVoted AYEVoted AYEVoted AYEVoted AYE

The motion having received the affirmative vote on a majority of the members present and

voting, the President declared the motion passed and the order adopted on this the 30th day of

Jilly, 1996.

..

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APRIL 1997 TERM


COUNTY OF HARRISON

CERTIFICATE


<ertilY thatth"ttaohed R<,olution ",d O,du d>tOO 9j 30/1'19(, , "" <ru<

and correct copies of such Resolution and order adopted on s h date.

WITNESS MY SIGNATURE, this theqA/Jday of c.p;t ,1997.

Kecla Walker, SecretaryHarrison County Development Commission

(SEAL)

MISSISSIPPI STATEWIDE NOTARY P~!.lCItt COWIISSlOH EXPIRES AUG. 15, 2llOO

3


APRIL 1997 "rERM

1996APPLlCATJON FOR EXEMPTION FROM AT> VALOREM TAXES

APPLICATION OF Triton Systems. Incorporated

FOR EXEMPTION FROM AD VALOREM TAXES FOR A PERIOD OFTEN YEARS AS AUTHORIZED BY SECTION 27-31-JOI. et seq.

OF THE MISSISSIPPI CODE OF 1972, AS AMENDED

TO THE BOARD OF SUPERVISORS OF HARRISON COUNTY, MISSISSIPPIAND THE CITY OF LONG BEACH

1. Triton Systems. Inc., files this application in triplicate for exemption fromAd Valorem taxation, and respectfully represents unto this Honorable Board as follows:

2. Applicant, Triton Systems. Inc. ,isa Mississippi corporation duly

qualified and authorized to do business in the State of Mississippi, and having its facility and plantlocated in the Firs t Judicial District of Harrison County, Mississippi.

3. Applicant is now operating as an electronic equipment manufacture:;-said business has been operating for a number of years, however, said manufacturer has recentlymade additions to and expansion of its facilities or properties used in connection with its enterpriseof public utility as identified hy statute, and is eligible for exemption granted by the aforesaidsections by specific enumeration, namely relating to increased employmentand that the exemption prayed for in this application is an application for exemption for additionsand expansion to existing facilities.

4. The said additions and expansion involves the purchase and installation of newmachinery and equipment and construction of additional facilities for manufacturing

5. The additions ami expansion were completed on tile l5 t mJay of January ,19~,

within the meaning of the applicable statutes 01' the St:lte of Mississipri, anel therefore, theexemption hereby claimed should commence on that date.

6. Said expansion has provide{1~__ new jobs with an estimated annual payrollof $380 920

7. That said exemption on the tangible property described in Exhibit" A" should begranted for a period of ten years from saiel elate of completion.

]

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APRIL 1997 TERM

Page TwoApplication for Exemption

8. That the true value of all property to be exempt is $ 3 7 1. 924shown on the itemized list attached hereto (Exhibit "A") and made a part hereof.

as

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WHEREFORE, PREMISES CONSIDERED, applicant prays that this Board enter afinding that applicant's Long Beach facility is in fact an expanded enterprise ofpublic utility, that the improvements contained in this application are not a renovation orreplacement of either real or personal property, and that the same was completed on the 15 thdayof January . 19~, within the meaning of the applicable laws of Mississippi; and

That applicant be granted an exemption from Ad Valorem taxation, except State and SchoolDistrict Ad Valorem taxation, as provided by law, for a period of ten (10) years beginning on the1st dayofJanuary ,19 96 ,andendingonthe 31st dayof December,20~,uponall of the tangible property described in Exhibit "A" attached hereto and made a parthereof, used in, or necessary to the operation of applicant's Long Beach facility inthe Firs t Judicial District of Harrison County, MississiPIJi; and

That this Board approve this application by an Oreler or Resolution spread upon its MinuteBook, declaring that such property is exempt from all Ad Valorem taxation, except State andSchool District Ad Valorem laxation. for a period of ten (10) years and forward the original andone certified copy of this application and a certified transcript of such approval to the MississippiState Tax Commission and upon approval of such application by the Mississippi State TaxCommission and certification of its approval, the Board of Supervisors will enter a final order on itsMinutes granting the exemption herein prayed.

Respectfully submitted, this the 28th day of--=-J-=u.:..:n-=e , Ir;fl~

Triton Systems, Incorporated

(Company)

BY: c?Je;Y:~1./

Ernest L. BurdettePresident

(Legal Counsel)

(Company)

6MINUTE BOOK


EXHIBIT "A"

1996APPLICATIClli~~PIt01'lEBO~QREMJ:AXES

Triton Systems, Inc.

]

1) The sUbject property consists of a one-story, 10, 012 square foot (combined area) metal building situated on 117,036 square feetat the North side of East Railroad Street about six blOCKS NortMast of the central business district, Long Beach, Harrison County,Mississippi. The property is identified by Assessors Parcel Numbers 0611 P-03-063 000 and 0611p·03-062 000 on the assessmenttax maps of Harrison County, Other improvements include paved parking (asphalt) for approximately 50 automobiles.The mailing address of the property is :

522 East Railroad StreetLong Beach, Mississippi 39571

2) The property was purchased in "as-is" condition from the previous owner. Remodeling was required to make the premises sUitablefor its intended purposes (manufacturing).

3) Equipment and machinery was added to the facility to accomodate the increased workload and number of personnel to beemployed at this location,

1) The property was purchased from the previous owner for the price of

2) The cost of remodeling the facility was

3) The cost of added equipment and machinery was

Total Property Valuation

$243,050

$50,000

$371,924

bI196\hctaxa.wk4

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APRIL 1997 "rERM

Page ThreeApplication for Exemption


COUNTY OF HARRISON

Personally appeared before me, the undersigned authority in and for the above county andstate,Ernest Burdette, of Triton Systems, ,IUtfio acknowledged to me that he signed,

sealed and delivered the above and foregoing Application for exemption from Ad Valorem taxes onthe day and year therein written, as and for the act and deed of said corporation, being dulyauthorized so to act.

J .Given under my hand and official seal of office, this the c2Q day of \, kJ,,,,Cj ,19 L.rG7 •

h

NOTARY PUBU

MY COMMISSION EXPIRES:

7 II


APRIL 1997 rERM

ORDER

There next came on for consideration the matter of granting a tax exemption from ad

valorem taxes for TRITON SYSTEMS, INC. After a general discussion, Supervisor

_--=-D-'.-'A'-'-V-"'I.::.D_V..:....:....--,L::::A:.::R:.:c0::..:S:::.:A,,-,---,---'S:::.:Rc:..:...-__ offered the following resolution:

A RESOLUTION OF THE HARRISON COUNTY BOARD OF SUPERVISORSCONCURRING IN A RESOLUTION ADOPTED AND RECOMMENDED BY THEHARRISON COUNTY DEVELOPMENT COMMISSION, GRANTING A TAXEXEMPTION FROM AD VALOREM TAXES FOR A PERIOD OF TEN (10) YEARS, TOTRITON SYSTEMS, INC., AS AUTHORIZED BY SECTION 27-31-101 ET SEQ OF THEMISSISSIPPI CODE OF 1972, (SUPPL. 1993).

WHEREAS, TRITON SYSTEMS, INC. filed in triplicate with this Board its application for

exemption for exemption from ad valorem tax taxation; and

WHEREAS, TRITON SYSTEMS, INC. has produced written verification and

documentation to this Council as to the authenticity and correctness of its application in regards to

the true value of the prayed for exemption, the completion date of said enterprise, and that the

prayed for exemption does not constitute a renovation or replacement of realty or personalty in

whole or in part.

WHEREAS, this Council finds as a fact that the property described in the aforesaid

application constitutes an industrial enterprise of public utility which was completed on or about the

15 th day ofJanuary, 1995.

NOW, THEREFORE, BE IT RESOLVED, as follows

1. That the application for ad valorem tax exemption by TRITON SYSTEMS, INC. for a

period of ten (10) years, beginning on January 15, 1996, on the property described in the

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9MINUTE BOOK


application filed by said company for tax exemption, be and the same is hereby approved,

subject to approval and certification by the Mississippi Tax Commission.

2. That TRITON SYSTEMS, INC. is hereby granted a tax exemption for said property

described in the application, except State and School District ad valorem taxation, for a period

often (10) years beginning on January 15, 1996, ending January 15, 2006.

3. That the Clerk of this Board be, and is hereby directed to spread a copy of this Order on the

Minutes of this Board; and said Clerk shall also forward one certified copy to the Tax Assessor

of Harrison County and obtain the certificate of said Tax Assessor stating that the property as

itemized in the application has been placed on the appropriate tax roll as "Non-Taxable", except

for State and School District ad valorem taxes, for the duration of the exemption period only.

Supervisor _----=B::...:O:..:B:..:B::...:Y=--------::E::.:L::.:E::.:U::.:T""E""R'-'.I=-U"--"'-S seconded the motion and on a roll call vote, the result

was a follows:



Supervisor David LaRosa


Supervisor c.T. Switzer, Jr.

Voted ---'A"'--yLJE=---__

Voted AYE----

Voted AYE----

Voted (ABSENT & EXCUSED)

Voted AYE----

The motion having received the affirmative vote of a majority of the members present and voting, the

I

President declared the motion passed and the resolution adopted on the

___....Acl::cp-=-.r-=-i-=-l ----', 199_7_.

*

7th day of

10MINUTE BOOK


The following came on for consideration by the Board:

RESOLUTION

There next came on for consideration the request of TRITON SYSTEMS, INC. for an

exemption from ad valorem tax, and after a general discussion, Commissioner Mary Bankston

offered the following resolution:

A RESOLUTION OF THE HARRISON COUNTY DEVELOPMENT COMMISSIONREQUESTING THE BOARD OF SUPERVISORS OF HARRISON COUNTY,MISSISSIPPI, AND THE CITY OF LONG BEACH, MISSISSIPPI, FAVORABLYCONSIDER THE APPLICATION OF TRITON SYSTEMS, INC. FOR ANEXEMPTION FROM AD VALOREM TAX TO THE EXTEND PERMITTED ANDAUTHORIZED BY STATUTE

]

WHEREAS, the Harrison County Development Commission has reviewed the application for

exemption from ad valorem tax filed in triplicate by TRITON SYSTEMS, INC. with Harrison ]

County Board of Supervisors for an exemption from ad valorem tax pursuant to Section 27-31-

101, et seq., Mississippi Code of 1972, for property investment at TRITON SYSTEMS, INC., and

WHEREAS, the Harrison County Development Commission does find that it would be

appropriate and in order that the application be favorably considered by the Harrison County Board

of Supervisors and that the tax exemption be granted for the maximum period of time permitted by

statute. It is therefore,

RESOLVED, that the Harrison County Development Commission does hereby request the

Harrison County Board of Supervisors to favorably consider the application of TRITON

SYSTEMS, INC. for exemption from ad valorem tax heretofore filed by TRITON SYSTEMS,

INC. with the Harrison County Board of Supervisors, provided, however, that the total exemption

not to exceed ten (10 ) years.

]

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APRIL 1997 TERM

Commissioner Frank Castiglia Jr. seconded the motion and on a roll call vote, the result

was as follows:

11

The motion having received the affirmative vote on a majority of the members present andI

Commissioner Mary BankstonCommissioner Frank Castiglia, Jr.Commissioner Logan Cline, Jr.Commissioner Esther ColemanCommissioner Louis EliasCommissioner Cy FanecaCommissioner Franklin Kyle, Jr.Commissioner Billy LyonsCommissioner Don MasonCommissioner Larry PattersonCommissioner Jimmy Walker, Sr.Commissioner Elmer Williams

Voted AYEVoted AYEVoted AYEVoted AYEVoted AYEVoted AYEVoted AYEVoted AYEVoted AYEVoted AYEVoted AYEVoted AYE

I

voting, the President declared the motion passed and the order adopted on this the 25th day of

Februarv, 1997.


APRIL 1997 TERM


COUNTY OF HARRISON

CERTIFICATE

I, Kecia Walker, Secretary of the Harrison cou~eve1opment Commission, hereby

certify that the attached Resolution and Orderdated!i~ :2~ /797 , are true


WITNESS MY SIGNATURE, this the~day of .C;nd ,1997.

Kecia Walker, SecretaryHarrison County Development Commission

(SEAL)

~SWWIDE NOTARY PUBLIC- EXPIRES AUG. 15, 2000

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13MINUTE BOOK

BOARD OF SLiPERVISORS, HARRISON COUNTY, MISSISSIPPIAPRIL 1997 "rERM

1997

APPLICATION FOR EXEMPTION FROM AD VALOREM TAXES

APPLICATION OF Triton Systems, Incorporated

FOR EXEMPTION FROM AD VALOREM TAXES FOR A PERIOD OF TEN YEARS ASAUTHORIZED BY SECTION 27-31-101, et seq.

OF THE MISSISSIPPI CODE OF 1972, AS AMENDED

TO THE BOARD OF SUPERVISORS OF HARRISON COUNTY, MISSISSIPPIAND THE CITY OF LONG BEACH

1. Triton Systems. Inc. , files this its application in triplicate for exemption fromAd Valorem taxation, and respectfully represents unto this Honorable Board as follows:

2. Applicant, Triton Systems. Inc. , is a Mississippi corporation dulyqualified and authorized to do business in the State of Mississippi, and having its facility andplant located in the First Judicial District in Harrison County, Mississippi.

3. Applicant is now operating as an electronic equipment manufacturerSaid business has been operating for a number of years, however, said manufacturer has recentlymade additions to and expansion of its facilities or properties used in connection with itsenterprise of public utility as identified by statute, and is eligible for exemption granted by theaforesaid sections by specific enumeration, namely relating to increased employment , andthat the exemption prayed for in this application is an application for exemption for additions andexpansion to existing facilities.

4. The said additions and expansion involves the purchase and installation of new machineryand equipment and construction of facilities for _--'mC!.!.!±an'-"u""[;""a""ctu"'"'-'ri""'n...g _

5. The additions and expansion were completed on the 15th day of January , 1926, withinthe meaning of the applicable statutes of the State of Mississippi, and therefore, the exemptionhereby claimed should commence on that date.

6. Said expansion has provided$857000.

35 new jobs with an estimated annual payroll of

7. That said exemption on the tangible property described in Exhibit "A" should be granted for aperiod of ten (l0) years from said date of completion.

I8. That the true value of all property to be exempt is $640.000itemized list attached hereto (Exhibit "A") and made a part hereof.

as shown on the

c:ldonnaladvaI97.doc

14MINUTE BOOK


WHEREFORE, PREMISES CONSIDERED, applicant prays that this Board enter afinding that applicant's Long Beach facility is in fact an expanded enterprise of publicutility, that the improvements contained in this application are not a renovation or replacement ofeither real or personal property, and that the same was completed on the 15th day ofJanuary ,192.Q, within the meaning of the applicable laws of Mississippi; and

That applicant be granted an exemption from Ad Valorem taxation, except State andSchool District Ad Valorem taxation, as provided by law, for a period of ten (10) years beginningonthe~ day of January of, 1921, and ending on the 31 st day ofDecember , 20illi, upon all of the tangible property described in Exhibit "A" attachedhereto and made a part hereof, used in, or necessary to the operation of applicant's

Long Beach facility in the First Judicial District of Harrison County,Mississippi; and

That this Board approve this application by an Order or Resolution spread upon itsminutes, declaring that such property is exempt from all Ad Valorem taxation, except State andSchool District Ad Valorem taxation, for a period of ten (10) years and forward the original andone certified copy of this application and a certified transcript of such approval to the MississippiState Tax Commission and upon approval of such application by the Mississippi State TaxCommission and certification of its approval, the Board of Supervisors will enter a final order onits minutes granting the exemption herein prayed.

]

]Respectfully submitted, this the 24th day of __---'-F-"'eb'""ru'""""ar:y~__ , 19-21.

Triton Systems. Inc.(Company)

(Legal Counsel)

(Company)

c:\donna\adva197.doc

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APRIL 1997 TERM

EXHmIT"A"

1997

APPLICATION FOR EXEMPTION FROM AD VALOREM TAXES

Triton Systems, tnc.

Description of Property

I) The subject property consists ofa one-story 19,000 square foot (combined area) metalbuilding situated on 117,036 square feet at the North side of East Railroad Street about sixblocks Northeast of the central business district, Long Beach, Harrison County, Mississippi.The property is identified by Assessor's Parcel Numbers 0611P-03-063.000 and0611P-03-062.000 on the assessment tax maps ofHarrison County. Other improvementsinclude paved parking (asphall) for approximately 50 automobiles.

The mailing address is:

522 East Railroad StreetLong Beach, Mississippi 39560

2) During 1996, an additional 10,000 square feet of manufacturing space was added to theoriginal 10,012 square foot facility.

VaJuation of the Property

15

[

I) Buildings and additions:

2) Equipment, furniture and fixtures:

Total Property Valuation:

$530,000

$110,000

$640,000

16MINUTE BOOK


ORDER

There next came on for consideration the matter of granting a tax exemption from ad

valorem taxes for TRITON SYSTEMS, INC. After a general discussion, Supervisor

-=D:..:.A::..:Vc..::I'-'=D'----'V'-'.----"L!£A""R""O""S""A......----'"S"'R~. offered the following resolution:

A RESOLUTION OF THE HARRISON COUNTY BOARD OF SUPERVISORSCONCURRING IN A RESOLUTION ADOPTED AND RECOMMENDED BY THEHARRISON COUNTY DEVELOPMENT COMMISSION, GRANTING A TAXEXHvlPTION FROM AD VALOREM TAXES FOR A PERIOD OF TEN (10) YEARS, TOTRITON SYSTEMS, INC., AS AUTHORIZED BY SECTION 27-31-101 ET SEQ OF THEMISSISSIPPI CODE OF 1972, (SUPPL. 1993).

WHEREAS, TRITON SYSTEMS, INC. filed in triplicate with this Board its application for

exemption for exemption from ad valorem tax taxation; and

WHEREAS, TRITON SYSTEMS, INC. has produced written verification and

documentation to this Council as to the authenticity and correctness of its application in regards to

the true value of the prayed for exemption, the completion date of said enterprise, and that the

prayed for exemption does not constitute a renovation or replacement of realty or personalty in

whole or in part.

WHEREAS, this Council finds as a fact that the property described in the aforesaid

application constitutes an industrial enterprise of public utility which was completed on or about the

15th day ofJanuary, 1996.

NOW, THEREFORE, BE IT RESOLVED, as follows:

1. That the application for ad valorem tax exemption by TRITON SYSTEMS, INC. for a

period often (10) years, beginning on January 15th, 1997, on the property described in the

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APRIL 1997 "rERM

application filed by said company for tax exemption, be and the same is hereby approved,

subject to approval and certification by the Mississippi Tax Commission.

17

I

2. That TRITON SYSTEMS, INC. is hereby granted a tax exemption for said property

described in the application, except State and School District ad valorem taxation, for a period

often (10) years beginning on January 15, 1997, ending January 15, 2007.

3. That the Clerk of this Board be, and is hereby directed to spread a copy of this Order on the

Minutes of this Board; and said Clerk shall also forward one certified copy to the Tax Assessor

of Harrison County and obtain the certificate of said Tax Assessor stating that the property as

itemized in the application has been placed on the appropriate tax roll as "Non-Taxable", except

for State and School District ad valorem taxes, for the duration ofthe exemption period only.

Supervisor _--=B:...:O:..:B:..:B:...:Y::........::E::.:L::.:E=-U:...:T=-E=-R:..:.:...:IU.:....:,.S seconded the motion and on a roll call vote, the result

was a follows:



Supervisor David LaRosa


Supervisor C.T. Switzer, Jr.

Voted AYE----

Voted AYE----

Voted AYE----

Voted (ABSENT & EXCUSED)

Voted _A_Y_E _

The motion having received the affirmative vote of a majority of the members present and voting, the

President declared the motion passed and the resolution adopted on the

_-----=.A=.l:p:...:r:...:i:..:l'----- --', 199~.

7th day of

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APRIL 1997 TERM


RESOLUTION

]

There next came on for discussion the execution of Special Warranty Deed between the

HARRISON COUNTY DEVELOPMENT COMMISSION, for and on behalf of the Harrison

County Board of Supervisors, the HARRISON COUNTY BOARD OF SUPERVISORS, jointly

acting for Harrison County and Hartson Kennedy Cabinet Top Company, Inc., the granting of

a Special Warranty Deed of certain real property located in the First J"dicial District of Harrison

County, Mississippi, and being more fully described in the Special Warranty Deed, to Hartson

Kennedy Cabinet Top Company. Inc., and after a general discussion of the subject, Commission

A RESOLUTION OF THE HARRISON COUNTY DEVELOPMENT COMMISSIONAUTHORIZING THE PRESIDENT AND SECRETARY TO EXECUTE A SPECIALWARRANTY DEED TO CONVEY 4.01 ACRES OF CERTAIN REAL PROPERTYLOCATED IN THE BERNARD BAYOU INDUSTRIAL DISTRICT, FIRST JUDICIALDISTRICT OF HARRISON COUNTY, MISSISSIPPI, TO HARTSON KENNEDY CABINETTOP COMPANY, INC. AND REQUESTING THE HARRISON COUNTY BOARD OFSUPERVISORS TO CONCUR HEREIN AND TO JOIN IN THE EXECUTION ANDCONVEYANCE.

Member Elmer Williams offered the adoption of the following Resolution:

J

BE IT RESOLVED by tile Harrison County Development Commission tilat:

WHEREAS, the Harrison County Development Commission does find and does so

adjudicate that it would be in tile public interest to sell that certain real property located in

Bernard Bayou Industrial District to Hartson Kennedy Cabinet Top Company, Inc .. for the

amount of SIXTY-ONE THOUSAND FIVE HUNDRED and NOnOO DOLLARS ($61,500.00),

all which the Harrison County Develojlment Commission docs find and adjudicate is a fair and

reasonable price for said property; allli

WHEREAS, the HarriSC\n County Development Commission does lind and does so

adjudicate that it would be in the public interest to execute a Special Warranty Deed to Hartson

]

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APRIL 1997 TERM

Kennedy Cabinet Top Company, Inc. for the purpose of expanding their existing facility for the

operation of countertop manufacturing; and

WHEREAS, the Harrison County Board of Supervisors, should be requested to concur

herein and to join in the execution and conveyance. It is therefore,

RESOLVED, that the President and Secretary of the Harrison County Development

Commission are hereby authol iz,,'d and directed to execute a Special Warranty Deed conveying

said real property.

COMMISSION MEMBER Frank Cash gl j a seconded the motion, and on a roll call vote,

19

Ithe result was as follows:

Commissioner M".ry BankstonCommissioner Frank Castiglia. Jr.Commissioner Logan C. Cline, Jr.Commissioner Esther ColemanCommissioner Louis Elias, PresidentCommissioner Franklin KyleCommissioner W. R. "Billy" LyonsCommissioner Don MasonCommissioner L. .J. PattersonCommissioner Jimmy Walker, Sr.Commissioner Elmer WilliamsCommissioner Bah Sawyer

Voted: A.bs.e.n.tVoted:~ _Voted: AbsentVoted: Aye

Voted:~

Voted:~

Voted:~

Voted:~

Voted:~

Voted:~

Voted:A~

V()ted:A~

A majority of the Members present and voting in the aftirmative, the President declared the

I

motion carried and the resoluticn adopted on the 31st day of October , 199.5.-.

2{}MINUTE BOOK


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COUNTY OF HARRISON

CERTIFICATE


certifY that the attached Resolution and Order dated OC~ 3 Ii /99:;- ,are true


.~ ~WITNESS MY SIGNATURE, this the~ to day of~~ , 1997,

]

+W~Ke 'a Walker, SecretaryHarrison County Development Commission

(SEAL)

MISSISSIPPI STATEYt1DE I;OTARY PlICLICIIr COiIllSilOli WIRES AllQ. U, 2lXlO

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MINUTE BOOKBOARP OF SUPERVISORS, HARRISON COU~TY, MISSISSIPPI

APRIL 1997 TERM


COUNTY OF HARRISON

SPECIAL WARRANTY DEED

FOR AND IN CONSIDERAnON of the sum of SIXTY-ONE THOUSAND FIVE

HUNDRED AND NO/IOO DOLLARS ($61,500.00) cash in hand paid and other good and

valuable considerations, the receipt and sufficiency of all of which is hereby acknowledged, the

undersigned, HARRISON COUNTY DEVELOPMENT COMMISSION, Post Office Box

1870, Gulfport, Mississippi, 39502, (601-863-3807), acting for and on behalf of the HARRISON

COUNTY BOARD OF SUPERVISORS, and the HARRISON COUNTY BOARD OF

SUPERVISORS, Harrison County Courthouse, Gulfport, Mississippi 39502 (601-865-4001),

and jointly acting for and on behalf ofI-IARRISON COUNTY, MISSISSIPPI, as Grantors, do

hereby sell, convey and specially warrant unto HARTSON KENNEDY CABINET TOP

COMPANY, INC., Post Office Box 6569, Gulfport, Mississippi 39506 (601-896-5905), as

Grantee, the following described property situated in Harrison County, Mississippi, to-wit:

A parcel of land situated and being located in the SouthwestQuarter of the Southwest Quarter of Section 18, Township 7South, Range 10 West, City of Gulfport, Harrison County,Mississippi; and being more particularly described as follows:

Commence at the Northwest corner of said Section 18; thenceSouth 00 degrees 17 minutes 10 seconds West 4,305.87 feet;thence North 89 degrees 45 minutes 00 seconds East 778.87 feetto the Point of Beginning; thence South 00 degrees 07 minutes 48seconds East 29J .38 feet along the East right-of-wily of a railroadspur track: thence Nortl] 89 degrees 45 minutes 00 seconds East600.22 feet to the West margin of Lorraine Road; thence North 00degrees 09 minutes 15 seconds West 291.22 feet along said Westmargin of Lorraine Road; thence South 89 degrees 45 minutes 54seconds West 600.09 feet to the said Point of Beginning.

21

22 MINUTE BOOKBOARD OF SUPERVISORS, HARRISON COU~TY, MISSISSIPPI

APRIL 1997 "rERM

Said pared contains 4.01 acres.

Please index as follows: Located in the SW',4 of the SW',4 ofSection 18, Township 7 South, Range 10 West, Harrison County,Mississippi.

:! Ad Valorem taxe~: for the current )'ear are prorakd ane! assumed by the Grantee.

: J Tile above e!escri'lee! land shall be used for a countertop manufacturing facility, and if'i

the Purchaser fails to \lS(; the land for said purpose witllin aile year from tile date of the sale,

;:

i 1 Sellers shall have the option, but not the obligation, to repurchase such land at the purchase I

price as stated above.

\Vitlless my sig,r;:t\lre on this the day of . 1997.

]

,: A1TEST:

SECRETARY

BY:

=C)UNTY DEVELOPMENT COMMISSION

-tU({£~&~~ ---------------

RESIDENT

]

ATIEST:

HARRISON COUNTY BOARD OF SUPERVISORS

BY:PRESIDENT

---------,-----CLERK

]

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MINUTE BOOKBOARD OF SUPERVISORS, HARRISON COU~TY, MISSISSIPPI

APRIL 1997 TERM


23

COUNTY OF HARRISON

PERSONALLY came and appeared before me 011 this the fA- day of

I

(J.. j,

#Ml----, 19CJ2, the undersigned authority in and for the County and State

aforesaid, the within named Elmer Williams, President, and Mary Bankston, Secretary, of the

Harrison County Development Commission, a public entity of the State of Mississippi, and who

acknowledged that they signed and delivered the above and foregoing instrument on the day and

year therein set Ollt as the act and deed of the Harrison County Development Commission, they

having full authority to do so.

WITNESS my hand and official seal of office on this the 14: day of

U;b4.1'~,£J~':.l..--_--'1997.

My Commission Expires:MISStSSlPPl STAlEWJl)E NOTARY PUCLICIn' COIDl~ EXPIRES AUG. 15, 2000

MINUTE BOOKBOARD OF SUPERVISORS, HARRISON COU~TY, MISSISSIPPI

APRIL 1997 "rERM


COUNTY OF HARRISON

]

PERSONALLY came and appeared before me on this the 7th day of

___A-,-p_r_i_1 , 19~, the undersigned authority in and for the County and State

aforesaid, the within named Larry Benefield, President, and John McAdams, Clerk, of The

Harrison County Board of Supervisors, a public entity of the State of Mississippi, and who

acknowledged that they signed and delivered the above and foregoing instrument on the day and

year therein set out as the act and deed of the Harrison County Board of Supervisors, they

. having full authority to do so.

WITNESS my hand and offIcial seal of offIce on this the 7 tb day of

___---'AcOJp:::.:r"-'~::.;·1=----__, 1997.

NOTARY PUBLIC


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25MINUTE BOOK


ORDER

There next came on for consideration the request of the HARRISON COUNTY

DEVELOPMENT COMMISSION to concur in a Resolution to enter into a Special Warranty

Deed conveying 4.01 acres of certain real property located in Bernard Bayou Industrial District

in the First Judicial District, Harrison County, Mississippi, to Hartson Kennedy Cabinet Top

Company, Inc., and after a full discussion of the subject, Supervisor _DAVID V. IAROSA. SR.

offered the adoption of the following Order, to-wit:

AN ORDER OF THE HARRISON COUNTY BOARD OF SUPERVISORS CONCURRINGIN A RESOLUTION TO ENTER INTO A SPECIAL WARRANTY DEED WITH HARTSONKENNEDY CABINET TOP COMPANY, INC. AND TO CONVEY 4.01 ACRES OFCERTAIN REAL PROPERTY LOCATED IN THE BERNARD BAYOU INDUSTRIALDISTRICT TO HARTSON KENNEDY CABINET TOP COMPANY, INC. AND FINDINGTHAT THE PRESIDENT AND CLERK BE AND THE SAME ARE AUTHORIZED TOEXECUTE SAID SPEC1AL WARRANTY DEED AND TO CONCUR AND JOIN IN SAIDCONVEYANCE.

ORDERED, lhal receipt of a Resolution by the Harrison County Development

Commission authorizing the President and Secretary of the Commission to enter into a Special

Warranty Deed by and between the Harrison County Development Commission, acting for and

on behalf of the Harrison COUllty Board of Supervisors, and the Harrison County Board of

Supervisors, jointly acting for Harrison County, and to convey 4.01 acres (more or less) of

certain real property located in Harrison County, Mississippi, lly Special Warranty Deed to

Hartson Kennedy Cabinet Top Company, Inc.; finding that it would be in the public interest to

do so for the purpose of expanding their existing facility for the operation of countertop

manufacturing; and finding that the President and Secretary of the Harrison County Development

Commission should be authorized and directl'd to execute said Silecial Warranty Deed, and

requesting the Harrison Count] Board of Supervisors to concur therein and to join in the

execution of the Special WarraJl:y Deed, is hereby acknowledged.

26MINUTE BOOK

BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPIAPRIL 1997 'rERM

It is FURTHER ORDERED, th"t this Bo"rd does concur in said resolution and adopts

the findings contained therein; and it is further

ORDERED, that the President and Clerk of the Harrison County Board of Supervisors

are hereby authorized and direcleu to execute the Special Warranty Deed attached as Exhibit" A"

to the resolution of the Harrison County Development Commission.

]

SUPERVISOR BOBBY ELEUTERIUS

the result was as follows:



Supervisor David LaRosa, Sr.


Supervisor C. T. Switzer, Jr.

seconded the motion, and on a roll call vote,

Voted: AYE

Voted: AYE

Voted: AYE ]Voted: (ABSENT & EXCUSED)

Voted: AYE

A majority of the Supervisors present and voting in the affirmative, the President

declared the motion carried 'Inc the order adopted on the 7th

199 7 .

day of April

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APRIL 1997 TERM


RESOLUTION

There next came on for consideration the request of GULF ATLANTIC INDUSTRIES,

INC. for an exemption from ad valorem tax upon completion of its facility in Bernard Bayou

Industrial District, and after a general discussion, Commissioner Esther Coleman offered the

following resolution:

A RESOLUTION OF THE HARRISON COUNTY DEVELOPMENT COMMISSIONREQUESTING THE BOARD OF SUPERVISORS OF HARRISON COUNTY,MISSISSIPPI, AND THE CITY OF GULFPORT, MISSISSIPPI, FAVORABLYCONSIDER THE APPLICATION OF GULF ATLANTIC INDUSTRIES, INC. FORAN EXEMPTION FROM AD VALOREM TAXES, UPON COMPLETION OF THEIRFACILITIES IN BERNARD BAYOU INDUSTRIAL DISTRICT TO THE EXTENTPERMITTED AND AUTHORIZED BY STATUTE.

WHEREAS, Gulf Atlantic Industries, Inc. has contracted to purchase certain real

property located in the Bernard Bayou Industrial District; said real property is currently owned

and operated by McDermott Enterprises, Inc.; and

WHEREAS, Gulf Atla~ltic Industries, Inc. has also expressed an intention to employ

approximately two hundred CWO) employees in Harrison County upon completion of the

facilities; and

WHEREAS, Gulf Atlantic Industries, Inc. intends to operate a marine fabrication facility

on said real property; and

WHEREAS, the Harrison County Deve]opment Commission does find that it would be

in the public interest, appropriate and in order that upon proper application and completion of

the facility, said ad valorem tax exemptions should be favorably considered by the Harrison

County Board of Supervisors Cl.I1c1 that the tax exemption sought should be granted at that time

for the maximum period of tim,: permitted by statute, 11rovicled however (Ila( at the time of said

application, Gulf Atlantic Incluslries, Inc. pmvicles proof to tllis Commission and the Harrison

27

28MINUTE BOOK


County Board of Supervisors that among the 200 persons employed, five (5) persons with

"barriers to employment" (as that term is legally defined) are employed. It is therefore,

RESOLVED, that the Harrison County Development Commission does hereby request the

Harrison County Board of Supervisors to execute a resolution expressing its support of such

application subject to the qualifications and requirements imposed by law, upon the timely filing

]

The motion having received the affirmative vote on a majority of the members present and voting,


Voted: AYEVoted: AYEVoted: ABSENTVoted: AYEVoted: AYEVoted: AYEVoted: AYEVoted: AYEVoted: ABSENTVoted: AYEVoted: AYEVoted: AYE J

the President declared the motion passed and the order adopted on this the 25 th day of March,

1997.

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APRIL 1997 "rERM


COUNTY OF HARRISON

CERTIFICATE

I, Kecia Walker, Secretary of the Harrison County evelopment Commission, hereby

certify that the attached Resolution and Order dated -'-'-F-'C-='----':O""-+------'--'---I------> are true

and correct copies of such Resolution and order adopted on such date,

WITNESS MY SIGNATURE, thffi thd;{40 d,yof~~ , 1997.

I

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~n ,1· J /I ~A./'-~ Secretary

Harrison County Development Commission

NOTARY PUBLIC

(SEAL)

UISS1SSIPPI STATEWlDE NOTARY PUCUCII't COIQllSSlOH EXPIIlES AUG. 15, 2000

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APRIL 1997 "rERM

RESOLUTION

There next came on for consideration the request of the Harrison County Development

]

Commission to concur in a resolution of the Harrison County Development Commission

expressing an intent to favorably, consider the application of GULF ATLANTIC INDUSTRIES,

INC. for an exemptioll from ad valorem taxes, upon completion of its facility located in the

Bernard Bayou Industrial District to the extent permitted and authorized by statute and provided

that Gulf Atlantic Industries, Inc. employ five (5) persons with "barriers to employment", and

after a general discussion, Supervisor DAVID V. LAROSA, SR. offered the following resolution:

A RESOLUTION OF THE HARRISON COUNTY BOARD OF SUPERVISORSEXPRESSING ITS INTENT TO FAVORABLY CONSIDER THE APPLICATIONOF GULF ATLANTIC INDUSTRIES, INC. FOR AN EXEl\1PTION FROM ADVALOREM TAXES, UPON COMPLETION OF THEIR FACILITIES TO BELOCATED IN THE BERNARD BAYOU INDUSTRIAL DISTRICT TO THEEXTENT PERMITTED AND AUTHORIZED BY STATUTE Al\'D PROVIDEDGULF ATLANTIC INDUSTRIES, INC. PROVIDE PROOF OF EMPLOYMENTOF FIVE (5) PERSONS WITH "BARRIERS TO EMPLOYMENT"

ORDERED, that receipt of a resolution by the Harrison County Development

Commission requesting that tlli~ Board execute a resolution expressing an intent to favorably

consider the application of Gulf Atlantic Industries, Inc. for an exemption from ad valorem

taxes, upon completion of its facility located in the Bernard Bayou Industrial District to the

extent permitted and authorized by statute, and provided that said Gulf Atlantic Industries, Inc.

employ five (5) persolls with "'J<llriers to employment" and tincling that it would be in the public

interest to do so is hereby acknowledged,

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APRIL 1997 TERM

It is therefore

RESOLVED, that this Board hereby expresses its intent to favorably consider the

application of Gulf Atlantic Ind~stries, Inc. for an exemption from ad valorem taxation upon

completion of its facil ity to be iocated in the Bernard Bayou Industrial District subject to the

qualifications and !'equirements in1posed by law, upon tile timely fding. by Gulf Atlantic

Industries, Inc., and provided that Gulf Atlantic Industries, Inc. provide proof to this Buard that

it has employed fIve (5) persons with "barriers to employment" as that term is legally defined.

31

I





Supervisor David LaRosa, Sr.

Supervisor Rohin Midcalf



Voteel: AYE

Voted: AYE

Voted: AYE


Voteel: AYE


declared the motion carried and the order aelopted on the 7 th day of _ Apr~, 199 7 .

I

* *

32MINUTE BOOK


The fallowing came on for consideration by the Board:

RESOLUTION

There next came on for discussion the matter of a request to the SUite Legislature that it pass

local and private legislation which would allow this Commission to pay real esUite commission

to licensed real esUite brokers in a reasonable amount up to 6% for properties subject to the

jurisdiction and control of this commission. After general discussion of the subject.

]

Commissioner Esther Coleman offered the adoption of the following Resolution:

A RESOLUTION OF THE HARRISON COUNTY DEVELOPMENT COMMISSIONREQUESTING THE STATE LEGISLATURE FAVORABLY SUPPORT LOCAL ANDPRIVATE LEGISLATION WHICH WOULD AUTHORIZE THE HARRISON COUNTYDEVELOPMENT COMMISSION TO PAY REASONABLE REAL ESTATE COMMISSIONSTO REAL ESTATE BROKERS liCENSED IN THE STATE OF MISSISSIPPI FOR THESALE OF PROPERTY SUBJECT TO THE JURISDICTION AND CONTROL OF THISCOMMISSION AND REQUESTING THE HARRISON COUNTY BOARD OF SUPERVISORSTO CONCUR HEREIN.

BE IT RESOLVED by the Harrison County Development Commission that:

WHEREAS, the Harrison County Development Commission does find and so adjudicate

that it would be in the public interest to pay real esUite commissions to licensed Mississippi Real

Estate Broker for the purpose of encouraging additional marketing of industrial properties subject

to the jurisdiction and control of this commission; and

WHEREAS, the Harrison County Development Commission finds that it would be in the

public interest to limit any listings to private real estate brokers to "open listings". It is

therefore,

RESOLVED, this commission requests of the Mississippi SUite Legislature that it

favorably consider the proposed local and private legislation atUiched hereto as Exhibit "A".

Mary BankstonCOMMISSION MEMBER seconded the motion, and on a roll call vote, the result

was as follows:

]

]

I


APRIL 1997 TERM

33


Voted: AYEVoted: AYEVoted: ABSENTVoted: AYEVoted: AYEVoted: AYEVoted: AYEVoted: AYEVoted: ABSENTVoted: AYEVoted: AYEVoted: AYE

I

I

A majority of the Members present and voting in the affirmative vote, the President declared the

motion carried and the resolution adopted on the 25 th day of March, 1997.


APRIL 1997 TERM

]


COUNTY OF HARRISON

CERTIFICATE


certify that the attached Resolution and Order dated 71/~ /251 19? 7 ,are true


WITNESS MY SIGNATURE, thisth~ay of~ , 1997.

.,~Harrison County Development Commission

(SEAL)

IIlSSlSSlPPI STATEWIDE NOTARY PU8LlC.... COIIIIISSION W'lRES AUG. 15, 2000

]

]

I

35MINUTE BOOK


MISSISSIPPI LEGISLATURE

By: Representative Simpson

HOUSE BILL NO.

REGULAR SESSION 1997

To: Local and PrivateLegislation

7 discretion, is hereby authorized to pay reasonable real estate

I

1234

5

6

8

9

AN ACT TO AUTHORIZE THE HARRISON COUNTY DEVELOPMENT COMMISSIONTO PAY REAL ESTATE CO~1ISSIONS TO LICENSED BROKERS WHO ASSIST INTHE SALE OF INDUSTRIAL PARK PROPERTIES LOCATED WITHIN HARRISONCOUNTY, MISSISSIPPI.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The Harrison County Development Commission, in its

commissions, no greater than six percent (6%), to licensed real

estate brokers who procure purchasers or lessees for industrial

10 park properties located within Harrison County, Mississippi which

11 are subject to the management and control of the Harrison County

12 Development Commission.

13 SECTION 2. Pursuant to the authority granted herein, the

14 Harrison County Development Commission may grant real estate

15 brokers licensed by the State of Mississippi open listings of

16 industrial park properties which are SUbject to the management and

17 control of the Harrison County Development Commission. Nothing

18 herein should be construed as a grant of authority to the Harrison

19 County Development Commission to contract for any listing other

20 than an open listing.

I21

22

SECTION J. This act shall take effect and be in force from

and after its passage.

36


APRIL 1997 TERM

]RESOLUTION

There next came on the consideration and request of the Harrison County Development

Commission to concur to a Resolution requesting that the Mississippi State Legislature favorably

consider certain local and private legislation which woule! authorize the Harrison County

Development Commission to pay reasonable real estate commissions to licensee! Mississippi real

estate brokers for the sale of real property subject to the jurisdiction and control of the Harrison

County Development Commission. After full discussion of the subject, Supervisor

DAVID V. LAROSA, SRoffered the adoption of the following Resolution:

A RESOLUTJON OF THE HARRISON COUNTY BOARD OF SUPERVISORSCONCURRING IN A RESOLUTION OF THE HARRISON COUNTY DEVELOPMENTCOMMISSION REQUESTING THAT MISSISSIPPI STATE LEGISLATURE FAVORABLY]'CONSIDER LOCAL AND PRIVATE LEGISLATION WHICH WOULD AUTHORIZE THEHARRISON COUNTY DEVELOPMENT COMMfSSION TO PAY REASONABLE REALESTATE COMMISSIONS FOR THE SALE OF REAL PROPERTY SUBJECT TO THEJURISDICTION AND CONTROL OF THE HARRISON COUNTY DEVELOPMENTCOMMISSION.

BE IT RESOLVED by the Harrison County Board of Supervisors hereby request that the

Mississippi Stale Legislature favorably consider local ane! I)rivate legislation in substantial

conformity to the proposedlegisl"tion att;lCheci as Exhibi[ "A" Ilcrcto which would authorize the

Harrison County Development COlllmission to IJay re,,1 estate cOlllmissions to Mississippi

licensed real estate brokers for the sale of real property subject to the jurisdiction and control

of the harrison COllnty Development COlllmission provided, however, that said real estate

commissions are limited to a [ll1XilllUIll "mount of 6% "nd thaI no listing other than an open

listings be authorized by said 'egislation. It is further,

RESOLVED that the President and Ckrk of thl: Harrison County Board of Supervisors

are hereby directed to forward a copy of this legislation to Representative Jim Simpson and ]

I


APRIL 1997 TERM

Senator William Hewes.

37





Supervisor Daviel LaRosa, Sr.




Voted: AYE

Voted: AYE

Voted: AYE


Voted: AYE


declared the Illation carried and the order adoptecl 011 the 7th clay of April 1997.

I

I

* *

!It

38MINUTE BOOK


]

MISSISSIPPI LEGISLATURE

By: Representative Simpson

HOUSE BILL NO.

REGULAR SESSION 1997

To: Local and PrivateLegislation

1 AN ACT TO AUTHORIZE THE HARRISON COUNTY DEVELOPMENT COMMISSION2 TO PAY REAL ESTATE COMMISSIONS TO LICENSED BROKERS WHO ASSIST INJ THE SALE OF INDUSTRIAL PARK PROPERTIES LOCATED HITHIN HARRISON4 COUNTY, MISSISSIPPI.

5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

6

7

8

SECTION 1. The Harrison County Development Commission, in its

discretion, is hereby authorized to pay reasonable real estate

commissions, no greater than six percent (6%) I to licensed real]

9 estate brokers who procure purchasers or lessees for industrial

10 park properties located within Harrison County, Mississippi which

11 are subject to the management and control of the Harrison County

12 Development Commission.

13 SECTION 2. Purs'..lant to the authority granted herein, the

14 Harrison County Development Commission may grant real estate

15 brokers licensed by the State of l"1ississippi open listings of

16 industrial park properties which are subject to the management and

17 control of the Harris~n County Development Commission. Nothing

18 herein should be construed as a grant of authority to the Harrison

19 County Development commission to contract for any listing other

20 than an open listing.

and after its passage.

21

22

SECTION 3. This act shall take effect and be in force from ]


APRIL 1997 "rERM

supervisor C.T. SWITZER, JR. moved, and supervisor DAVID V. LAROSA,

I SR. seconded, adoption of the following:

Enter CLOSED SESSION to discuss whether or not to enter Executive

Session to discuss the following:

aJ CA 1:97cv 103GR styled Walgren v. Harrison County;

bJ Bankruptcy for Treasure Bay casino;

cJ Mental Health construction;

dJ Economic Development.

The Board voted unanimously by show of hands to enter Executive

Session.

ALL ORDERED AI\lD DONE, this the 7th day of April 1997.

3~

E* *

supervisor BOBBY ELEUTERIUS moved, and Supervisor DAVID V.

LAROSA, SR. seconded, adoption of the following:

RECONVENE FROM EXECUTIVE SESSION. The Board Attorney reported that

the Board received a status report on all items. No Board action was taken.

ALL ORDERED AI\ID DOI\IE, this the 7th day of April 1997.

* *

40


APRIL 1997 TERM

Supervisor C.T. SWITZER, JR. moved adoption of the following Order:

ORDER LAYINC OVER BIDS RECEIVED THIS DATE FOR HARRISONCOUNTY OFFSITE STORACE FACILITY FOR INAC'I"IVE RECORDSFOR TABULA1"ION AND ACTION AT A LATER DATE

WHEREAS, the Board of Supervisors does hereby find as follows:

1. That this Board, at a meeting heretofore held on the 10th day of

February 1997, adopted an Order authorizing and directing the Clerk of the

Board to cause publication to be made of Notice of Invitation to Bid for

Harrison county Offsite Storage Facility for Inactive Records.

2. That as directed in the aforesaid Order, said Notide of Invitation to

Bid was published in The Sun Herald newspaper, a newspaper published and

having a general circulation in Harrison county, Mississippi for more than one

(1) year next immediately preceding the date of said Order directing

publication of said advertisement, and that the Publisher's Affidavit of Proof

of publication has been filed with the Clerk of this Board, by said Clerk

exhibited to the Board, and shows that said Notice was published on the 10th

and 17th days of March 1997.

3. That publication of said Advertisement for Bids has been made once

each week for two (2) consecutive weeks, the last of which was at least seven

(7) working days prior to April 7, 1997, the day fixed for receiving said bids in

the Order identified in paragraph (1) thereof, said Proof of Publication being

in the fOllowing form, words, and figures, to-wit:

]

J

]

I


APRIL 1997 TERM

PROOF OF PUBLICATIONSTATE OF MISSISSIPPI

COUNTY OF HARRISON

41

I

I

Before me, the undersigned Notary Public of Harrison County,

Mississippi, personally appeared'Jca%'j Jk",nu-n-,who, being by me first duly sworn, did depose and say that she is a

clerk of :24 R r-Ut{ 1J.eA ,tid_____________, a newspaper published in the

city of J;:ul~ 4- , in Harrison County, Mississippi,

and that publication of the notice, a copy of which is hereto attached,

has been made in said paper --z..-' times in the following

numbers and on the following dates of such paper, viz:

~Paper~ol.....1L..LNo.,...l.f.2.L-dated~dayof IJ..a.v ,19~~Paper~ol.--.!..!....LNo.,J.!!2.Ldated_l_l_day of~, 19--.9....:L

__Paper__Vol.__No.,__dated__day of__• 19__

__Paper__Vol.__No.,__dated__day of__, 19__




Affiant further stales on oath that said newspaper has been

established and published continuously in said county for a period of

more than twelve months next prior to the first publication of said notice.

LRco#JU) [;q4 n11Ouo Clerk

bscribed before met~7~ day of

1----'~""_''''''''''''''''''''-==:::::--'"A""""i'A.D.• 19~. ~

Printer's Fee : $.__44--'-----'--'-._4;",\,>"'--__Furnishing proof of publication $__---'-,:.::-0"-0=- _

TOTAL $__4----=5'-._41.0'-""- _

42


APRIL 1997 TERM

4. That bids were received at the time and place and in the manner

provided in said Notice of Invitation to Bid, at which time said bids were

opened, read aloud, and laid over for action at a later date, same being on

file with the Clerk of the Board. It is therefore


MISSISSIPPI, that the bids received this date for Harrison County Offsite

storage Facility for Inactive Records be, and the same are HEREBY

ACKNOWLEDGED AND LAID OVER FOR ACTION AT A LATER DATE.

Supervisor DAVID V. LAROSA, SR. seconded the motion to adopt the

above and foregoing Order, whereupon the president put the question to a

vote with the following results:

]


supervisor LARRY BEI\IEFIELD voted

supervisor DAVID V. LAROSA, SR. voted



AYE,

AYE,

AYE,

(ABSENT & EXCUSEDl

AYE.

]


the Members present, the President then declared the motion carried and

the Order adopted.


* * *

]


APRIL 1997 "rERM

THIS DAY there came on for hearing and consideration by the Board of

I Supervisors of Harrison County, Mississippi, petition of the Tax Assessor for

change or reduction in the assessment of real and personal property assessed

at the page and line on said 1996 Real and Personal Roll and as shown in said

Petition under parcel Number; and it appearing to the Board of Supervisors

from the evidence, both oral and documentary, offered in support of said

application, that the assessment should be reduced, increased, and/or

changed, and after full discussion and consideration Supervisor DAVID V.

C LAROSA, SR. moved the adoption of the following Order:

ORDER ACKNOWLEDGING RECEIPT OF AND APPROVINGPETITIONS FOR CHANGES TO THE 1996 LAND ROLL ANDPERSONAL PROPERTY ROLL, AS RECOMMENDED BY THE TAXASSESSOR


I MISSISSIPPI that the Board does HEREBY ACKNOWLEDGE receipt of petitions for

changes to the 1996 Land Roll and Personal property Roll, as recommended

by the Tax Assessor. It is further

ORDERED by the Board that the changes in assessment, said changes to

be either a reduction, an increase and/or changes be, and they are HEREBY

APPROVED, as submitted by and recommended by Maudie Cuevas, Tax

Assessor, said changes being in the fOllowing form, words and figures, to-wit:

~.I•.IJ

43

I

LandroII/Appraisal 1996Actions Taken by Board Of Supervisors and State Tax Commi~sion

3-31-1997 thru 4- 1-1997 Report Sequence PARCEL NUMBERParcel TaK ------- Total Assessed -------

Type Dist Before After Change BOS Action

T N

T N

T N

T N

T N

T N

T N

T N

T N

T N

T N

T N

T N

T N

T N

T N

T N

T N

T N

T N

T N

T N

T N

T N

T N

W PF D

PAGE

STC Action

-432

-2260

-3018

-3781

-2868

-945

-2833

-2072

-1960

-1694

-2236

-4616

-2892

-1683

-2384

-4756

-3954

-1434

-5735

-3110

-2220

-10033

-10799

670

5735

630

855

743

170

5665

7562

1890

6034

4520

6790

3918

7909

3386

4471

3365

9233

6221

4439

14183

21596

5611

6780

5080

432

5878

8603

8498

9052

5048

2702

8224

3054

2835

3062

6707

6659

9331

6478

11343

11863

13849

24216

32395

R 2GO

R 3L

R 4GO

R 4GO

R 4G

R 4GO

R 3~W

R 4GO

R 2G

R 30

R 3EW

R 4GO

R 4GO

R 21'.

R 4G

R 5M

R 21'.

R 3P

R 3E

R 3L

R 3L

R 2KWCO/NO VALUE CHGINC R 4GO

BLOSSER. MICHAEL N & MELANIE M R 2GO

PEREZ, DELFIN C & BANDY S

WELLS, MICHAEL D & DONNA I'.

WINKLER, HARVEY & SANDRA R

MOSELEY, WILLIAM L

WILSON. DARRELL D ~ RHONDA P

GULF MARINE TOWING INC

ROBERTS. ~OSEPH & WF

CASTIGLIA. MERLYN

ROGERS, ~AMES L & JANET L

BERGERON, DAVID A & ESSIE LASSESSED

TILLILIE, DONALD F & SANDY I'.

AFFIDAVITTO GRANT, MICHAEL L

BRYANT, MARY L

GARRETT, WILLIAM CASSESSED W/4090 3 1.25

FERNANDEZ. RAY M & DRESDEN ~

OWNER NAME

04/01197 09: 56Petitions AndRecords Added

HANCOCK. ROSEMARY RIN ERROR

WHITE, OLIVER & RUTHERRONEOUSLY ASSESSED

WALKER, MELVIN ~ & CORA CIN 1995

BOSWELL, ROY & ~OAN

MAGNOLIA FEDERAL BANK FOR SAVI R 5MVALUES ON ORIGINAL PETITION

DICKERSDN, ~ESS H & ~ANET H

DYKES. ELVIN & WFIN ERROR

PAINTER. DORIS LNAME TO SUMRALL'S CONSTRUCTION

D ~ W ENTERPRISES

LRMPET02RBI

PARC.EL NUMBER

0313,-02-003. 000CLASS I

0408 -06-018. 000CLASS I

0410 -30-001. 025DELETE IMP/DBL

0510M-OI-004. 004CLASS I

0511H-OI-006.000CLASS I

05111-01-027.001CLASS I

0602 -01-017.001TO CORRECT

0608,-01-023.000CLASS I

0608,-01-069. 001ERROR IN CALCULATION

0610M-05-004.000CLASS I

0703 -19-011.000CLASS I HE DELETED

0709A-03-016.001CORRECT

0710G-OI-054.000DELETE IMPS/BURNED

0710H-04-037.000CLASS I

0711~-01-021. 000PROP ERRONEOUSLY

0711N-05-028.000CLASS I

0807 -34-058.051CLASS I

0808D-02-064.000CLASS I

08081-03-158.000CLASS I HE DELETED

0809~-01-049. 000DELETE PCL

0809M-02-001. 056DELETE IMPS/BURNED

0811A-04-018.000CLASS I

0811C-04-041.002DELETE IMP/TORN DOWN

0908E-02-034. 001NAME CORRECTION

0908J-OI-001. 027

- ..PARCEL NUMBER

R91 LRMPET02 04/01197 09: 56Petitions AndRecords Added

OWNER NAME

Landroll/Appraisal 1996Actions Taken by Board Of Supervisors and State TaK Commission3-31-1997 thru 4- 1-1997 Report Se~uence PARCEL NUMBER

Parcel Tax ------- Total Assessed -------Type Dist BeFore AFter Change BOS Action

PAGE

STC Action

2

W PI'" 0

0909C-01-016.005 ALEXANDER, RICHARD D I!< DENISE R 4GD 5886 3924 -1962 T NCLASS I

09109-01-035. 000 JAMES, TRACI LEANN R 2G 7138 4758 -2380 T NCLASS I

0910P-03-039. 000 ASSOCIATES RELOCATION MGMT CD R 2G 11487 7658 -3829 T NCLASS I1NAME CORRECTION TO SMITH, DARREN LAMAR

1006 -18-001.006 LADNER, VICKI R 50 4648 3099 -1549 T NCLASS I

10081'.-02-057.000 MURRELL, DELORES J R 2GO 9144 6096 -3048 T NCLASS I

1010J-02-056.000 LoNGCoy, RACHEL N R 5G 12635 8423 -4212 T NCLASS I

1105 -09-008.000 JENKINS, ALICE C R 50 24482 16321 -8161 T NCLASS I

1110A-OI-047.007 GAGER, WILLIAM J R 5B 15292 10195 -5097 T NCLASS I

1110D-OI-008.000 POULOS, ROGER D R 59 13395 8930 -4465 T NCLASS I HE DELETED IN ERROR

12081-02-013.003 RHODEN. LEON L I!< MILDRED C R 5AW 4050 2700 -1350 T NCLASS I1PART OF HE

1209J-01-054.000 O'BANNoN, LOU ANN GILY R 5B 12923 8615 -4308 T NCLASS I

12100-03-034. 000 WILSON. JIMMIE JR I!< HEAD. ELIZ R 59 13547 9032 -4515 T NCLASS I

1210K-02-055.000 SCHENCK, LUCILLE R 59 18647 12431 -6216 T NCLASS I

1309A-02-124. 004 IN-VENTURES LTD R IDW 133454 65654 -67800 T NIMP ERRONEOUSLY ASSESSED

14091'"-02-027. 000 MCMURRIAN. LEONARD B R lOW 4364 2250 -2114 T NDELETE IMP-BURNED SEVERAL YRS AGO

1410F-06-003. 000 WALKER. SHARON R IB 4499 1348 -3151 T NIMPS ERRONEOUSLY ASSESSED

14101'"-06-004.000 WALKER, SHARON R 1B 4898 1601 -3297 T NIMPS ERRONEOUSLY ASSESSED

1410G-04-039. 001 VU. HANH DUC I!< CAO. THOM THI R IB 5553 3702 -1851 T NCLASS I

Change In Total Assessment -207,020 Total Increase Total Decrease -207,020

BOTTOM LANDS FARM PRODUCE STA 13131 P JW 377 -377 T NBUSINESS OOB

FRENCH DRUG 1346 P G 77358 18310 -59048 T N2ND CORRECTION TO ORIGINAL PETITION

JUBILEE THRIFT STORE & SALVAG 15297 P GO 1006 727 -279 T NINCORRECT VALUES ON EQUIPMENT

SOUTHERN EMBROIDERY AND MONOG 12609 P L 3223 491 -2732 T NINCORRECT VALUE

THREE RIVERS EAST MOBILE HOME 13893 P GO 566 -566 T NERRONEOUSLY ASSESSED W/EQUIPMENT

Change In Total Assessment -63.002 Total Inc:rPdse Total Decrease -63,002

PARCEL-NUMBER BOS ActionW PF" D

PAGE

STC Action

Landroll/Appraisal 1996Actions Taken by Board Or Supervisors and State Tax Commission3-31-1997 thru 4- 1-1997 Report Sequence OWNER NAME

Parcel Tax ------- Total Assessed -------Type Dist Before After Change

04/01/97 09:59Petitions AndRecords Added

OWNER NAME

RBI LRMPET02


APRIL 1997 TERM

Supervisor C.T. SWITZER, JR. seconded the motion to adopt the above

I I and foregoing Order, whereupon the President put the question to a vote


47




Supervisor ROBIN ALFRED MIDCALF voted


AYE,

AYE,

AYE,

(ABSEI\lT & EXCUSEDl

AYE.



the Order adopted.


I

I

* * *

48MINUTE BOOK



Order:

ORDER AUTHORIZING THE BOARD PRESIDENT TO EXECUTETHE LOCAL GOVERNMENT STATEMENT FOR THE MISSISSIPPIREGIONAL HOUSING AUTHORITY NO. VIII'S COMPREHENSIVEGRANT PROGRAM BASED UPON INFORMA"nON PROVIDED INLETTER DATED MARCH 26, 1997


MISSISSIPPI, that the Board does HEREBY AUTHORIZE the Board President to

execute the local government statement for the lIIIississippi Regional Housing

Authority No. VIII's Comprehensive Grant Program based upon information

provided in letter dated March 26, 1997, same being as fOllows, to-Wit:

]

]

]


APRIL 1997 "rERM

49

IROY NECAISE

Executive Director

JOHNNIE TATEDirectorofSection 8

PETE CAPUANODirectorofConventional Housing

JOE NOUllETHuman Resources Department

SHEILA HOSLIDirectorofAccounting

JIMMY ROBERDSSuperintendentofMaintenance

Al W/CKTOMDlrectorofPurchs.lng

DOUG DAVISDirectorofRegion 8 Properties

Larry Benefield, PresidentHanison County Board of SupervisorsP.O. Drawer CCGulfport, Ms 39502

/(DJr (; mt~7~~arch 26,1997

in]; _ 2 6 f.997: .

Re: Local Govemment Statement

Dear Mr. Benefield:

I

J

As requested the following infonnation is provided regarding the Comprehensive Grant Program(CGP).

As briefed at the Public Hearing on March 13, 1997, the Comprehensive Grant Program is agrant from HUD that provides necessary funding to renovate and modernize housingdevelopments Within the jurisdiction of the Mississippi Regional Housing Authority VIII, of whicha large portion of Harrison County is a part of. Our budget for FFY 97 is $2,201,991.00. Thisamount is also forecasted for our 5-year plan through the year 2001.

For FFY 97, the greatest portion of our bUdget will be for Harrison County, namely L.C. Jonesand Ladnier Homes. We have already re-roofed L.C. Jones and are currently working on theexterior facia and sottel. Re-roofing of Ladnier Homes is now in progress. Both contracts areapproximately $1.1 million of CGP Funds. On-going programs for L.C. Jones and LadnierHomes include complete interior and exterior renovation and modemization of all our unitsthrough CGP funding. This includes all electric and central AlC. We anticipate spending over$1.3 million annually for these two developments alone through the year 2001!

In order to expend CGP funds in any of our housing developments one of the manyrequirements of the Comprehensive Grant Program ;s to receive support from local governmentagencies that are within their jurisdiction, subsequently, this is why we ask your support byendorsing HUD Fonn 52835, Local Government Statement. This endorsement is essential inorder to expend CGP funds in Hanison County, particularly Ladnier Homes.

To alleviate any misgivings from any Board members and to ensure our compliance of theComprehensive Grant Program as stated, the Hanison County Board of Supervisors appointedMr. Victor Andrews to our Board of Commissioners. Mr. Andrews atlends all Board meetingsand will atlest to our compliance.

Mr. Benefield, every year since the initiation of the Comprehensive Grant Program in 1991/1992,the Hamson County Board of Supervisors has lent its whole hearted support to the MississippiRegional Housing Authority, VIII. With the information provided, I hope you and the Board willalso see fit to lend your support to the programs we are trying to provide to the residents ofHamson County Public Housing.

P.O. BOX 2347, GULFPORT, MS 39505-2347/ OFFICE: (601) 863-6272 FAX: (601) 863-0349 TOO: (601) 663-6272

50MINUTE BOOK


Our next Board of Commissioners meeting will be on April 9, 1997. At this time a BoardResolution adopting the Comprehensive Grant Program for 1997 will be on the agenda. For theresolution to pass, it will be necessary to have the Local Govemment Statements fromgovemment agencies submitted prior to April 9, 1997. As a courtesy, would you please send thesigned Statement back to me as soon as possible, or for convenience sake, I'U be glad to pickthe Statement up from your office.

Thank you for your valuable time and I thank you in advance for your support!

r~'/~~I HAEL G. KRA ,MRHA VIII

Resident Initiative oordinator

]

]

]

I


APRIL 1997 "rERM

51

·Local Government StatementComprehensive Grant Program (CGP)

u.s. Department of Houalng.nd Urben DevelopmentOffice of Public and Indian Housing

OMS APPrcval No. ZSn-">157 (oxp. 7131198)

I

""bile..parllng burden for I1/s 0011lC\lon otlnlormallon Is ostimated ."'\.....;0 5m1nu'" per _.lnduding 1he llm.tor_ngInslrUctions, ....rchjng.xiolingdlIla 1OUfOIlS, galllal1ng ond maintaI'llng lila data_. end oompiOting lOld mtawtng lila c:oIllldIon ollntolTlllllion. Send oommento 18e_ng 1hI. burd.n os_,.Of any _ ospllCl of lhIs_.f Inforrnollon.1ncludIng _lions lor I8dUolng IhIs blrOen, billa Ropor1s~l eme.r. P_rt< Aaduc1ion Projact(25n-ol57), 01ficQ orIn_TeclmIogy, U.S. Oopamlanlof HouoIng and Urban tlovtiI<>pnler< WashingOln. D.C. 2ll41G-3600. ThIs agency may not oonduetOf sponsor.lII1d. _Is notl8qUft8d lD I8SflOl1d b,. ooIIOCllIlCI otinlotrnationunJoss1holc:olloction displays. _ OMS oontrol number.

Do not Mnd IhIo torm 10 tI>I _VI odd_.ThIs _noflnfOfmation requno 1haI_ oIlgIbia applioont oubmft Infarmalion '" HUD In OIdar 10 _ .._formula g....t Thl< Into"".lon will be usadby HUDbdef8<m1no wholhorlhe_lUl>_ ...... IlaMOtYandt&g1UlOfyroq~ lor1heamual_;rant Aesponsoo '" lhaoollOC1lon ar...quII8dby S8dIon 14(.)(1)(E)of 1he U.S. Housing Acto! t937, os arnendad. The Inbrmalon raquosteddoosnotland ItsaIfboonfidan1lallty.

As QUefExecutive Officer of the unit of geneD1local government/Indian tribe knOMl as -'-

in which the (name of Public Housing Agency (FHA) or Indian Housing Authority (!HA» --:- _

MISSISSIPPI REGIONAL HOUSING AUTHORITY NO. VIII____________________________________ operates.

I

I certify to the following:

1. jheHAdeve1opedtheComprehensivePlan'AnnualStatement in consultation with local government officials/Indian tribal officials and with lCSidenlS of the developments coveredbylbe ComprehensivePlan'Annual Statement,InBCCO~withtheteqUirementsattheCompre.

hensiv.e Gnmt Program;

2a. ForPHAs, theComprehernlve PlanIAnnualStatement isconsistent with the unit at gencralloca1 government'sassessment at its low-Income housing needs (as evi6enced by lIS ConsolldatedPlanuru1er 24 CFR Pm 91, itapplicable), and that the unltofgencrailocal governmentwill cooperate In providing lCSident programs andservices; or

2b. For IHAs, the Comprehensive PlanIAnnual Swement Iscomlstellt with the appropriale governing body's assessment of Itslow-inl:oIiIe housing needs and that theappropriate governing body will cooperate In providingresident programs and seMoes; and

Nolo: The CamprchenJive Plan inc\udco .lIto Action PIli!.Nam. 01 Chit!Ex_ OffIcer:

3. The HA's proposed drug and crime elimination activitiesareooortlinatedwith andsuppottiveoflocal stmegies andneighborhood improvement programs, if applicable.Under the COoperation Agreement, the local/tribal government is providing public sezvices and facilities at thesamecharacterandto the sameextent toPublic and Indianhousing as are furnished tl>otherdwe1lings and residentsofthelocaIity. Where IdciiliOOat on-<luty police are beingfunded UIlder the Comprehernlve Grant Program, sw:hpolicewillonlyprovideaddltionaIsecurity andprotectiveservices over and above those for which the local/tribalgovernment Is contraetually obligated to provide underthe Oloperation AgreemenL

S1gnatura af Chltf ExtculIvt om..r and 0..:

Wamlng: HUD wli prot...... ,.._..dim_lOll. Convlcdon may ,_Kin «imino! ondIo<d'III penolll... ('1 U.S.C. llllt. 1010.1012; Sf U,S.C.372l1, 11lC2)

lorm~ (1lW6). rtf Htndbook 748S.3 I

$

\l

52MINUTE BOOK



above and foregoing Order, whereupon the President put the question to a ]






supervisor C. T. SWITZER, JR. voted

AYE,

AYE,

AYE,

(ABSENT & EXCUSED>

AYE.

The motion having received the affirmative vote from the majority of ,..)


the Order adopted.


* * * J

]


APRIL 1997 TERM

supervisor DAVID V. LAROSA, SR. moved adoption of the following

I Order:

ORDER ACCEPTING ONLY BID OF HAYNES ELECTRICCOMPANY IN 'rHE AMOUNT OF $10,861.20 FOR THEBASEBALL FIELD I.IGHTING PROJECT, FLEITAS AVENUE,PASS CHRISTIAN, MISSISSIPPI

WHEREAS, the Board of supervisors does hereby find as follows:


March 1997, adopted an Order authorizing and directing the Clerk of the

Board to cause publication to be made of Advertisement for Bids for the

Baseball Field Lighting project, Fleitas Avenue, Pass Christian, Mississippi.

2. That as directed in the aforesaid Order, said Advertisement for Bids

was published in The Sun Herald newspaper, a newspaper published and

53


I (1) year next immediately preceding the date of said Order directing

publication of sai1 Notice, and that the publisher's Affidavit of Proof of

Publication has been filed with the Clerk of this Board, by said Clerk eXhibited

to the Board, and shows that said Advertisement for Bids was published on

the 15th and 16th days of March 1997.

3. That publication of said notice has been made once each week for

two (2) consecutive weeks, the last of which was at least seven (7) working

days prior to April 7, 1997, the day fixed for receiving said bids in the Order

identified in paragraph (1) thereof, said Proof of Publication being in the

following form, words, and figures, to-wit:

I

54MINUTE BOOK


]PROOF OF PUBLICATION


COUNTY OF HARRISON

J

_____________• a newspaper published in the

city of ~QA"(-- • in Harrison County. Mississippi.

and that publication of the notice. a copy of which is hereto attached.

has been made in said paper '?- times in the following

numbers and on the following dates of such paper. viz:

~Paper~Vol...liLNo .•~dated~dayof~. 19'3.l

~Pape~Vol.~NO.,llQ'I dated~dayof~19~__Paper__Vol.__No.•__dated__day of__. 19__

__Paper__Vol.__No.•__dated__dayof__.19__

__Paper__Vol.__No.•__dated__day of__•19__



Affiant further states. on oath that said newspaper has been


more than twelve months 'rxt prior to the first pUblication of said notice.

~~ 'BJM wv--:=--Clerk

to and subscribed before meth~!.P~ day of

L-L-----"'=~"-"-'-"'- .....,-----.--r-. A. D.• 192..J:.

7u fUAgJi2a.1J1.M N~ryP~~

Y CommlSSlon expires June 28 1

Before me. the undersigned Notary Public of Harrison County.

Mississippi. personally appearedUcccl0B2M nLkrhwho. being by me first duly swom. did depose and say that she is a

clerk of ~ S1AIA rk.oJ d

ADVERTISEMENT FOR BIDS'The H.lIrrlsoo County BNn:I Of

~rYtwrs, ~lfPQf1, MI$Slui"Pi.-",ill rKelve bid~lor;

~:~j:tTLl FIELD LIGHTING,

FLEitAS A,VEM'JE,PA$SCH,RI$·TIAN,M5 '

Al HARRISON COUNTY. MIs..51551 PPlallhe eO"ROMEETlNGROOM. FIRST JUDICIAL tOURl·,HOUSE, GULFPORT, MISSI55IP' 1Pl. LJtIHIlU:OOO·clOCl'.A,M.• AMil7, i,..,1, .rld tilt" If ykl oHlct. bl<h L

""m be Publicly~ .nd IUdlioud. !

Asll'I9lt stipul~ltd wmo;d",iIl be'ttceivl!dtor.llw«\,tQUlrtdb'l'IhI! Conlr.d Doc:llrMnts In Kcor·din'\! ",lilt the lnstruellon 1081dd('T'1. • •

COP,lSrn.lybtOOliined.IIWO!·lic:eollrteCounlyEnoil\Ht,l5))t<Community RlIId. GullPO(l, hItS. .ton1TiCl~I\'''ICJ\fl"

.1 the oWets of 1M CCvnly ElIlli·Iftr If lSJO?-C CommuniTY ROIO.GulfPO(T. MS Ir1Cl John ""Adam:s."Clerkofthe8omlolSullI!rvisors.llhe Harri5lln Caunly CourtillMM.GulfPOrt. Mlulul~. \

&ldMn \1\.111 (Clmllly with INI.WJ 01 the Slalr Dl Mlulull:ol r.-'qllirlllSla CrrlitlcalrofRnPOtSlbll·It'(. The Ownrrr~ fhl! rlglll tortlKlanYOI' allb!divw'WI.I'ltlnYInfom,.UliflInTllebkklioQ.. ' .

. EKhbklderm\DtdfPlllllwllhhbbid. wc""il.,. 1~ 1M alTlO'Jlll, form.I'ldWbltclloll\eeondillOM PtO'tJO.td In Iht Inslrl.'C'llonllo 8idOerL ;

. Bids ma'.,. be hlld tw IhI! ClwMr,\tOr~Mi1;;r;'Ceed'hlrtltJO)

i:~,:~:e':::I~~eu;lilt bidl ~Ild ill'ff111Nlill9 thl twll.

IhCiliOns of 8id(lrn..iN"ior lo.ward·Ing of the·Conl,acl. • , ..

8fOrdrf" of rhr Bwr(lol $uJltrvl·t.ol"1....1fdlht 1~II.davo(M1l'(h,

I~!'i ,,' ~ ".'d. .; Johtl ~rniClerk of ttIr BoIrdo' $vptrYlsot1

, - 'H.rrl~ County, Miul55l!>91W·71.oldv.IS.~1il,.

Printer's Fee $,__34..:=::....!IL..._3>-7'"'---__Furnishing proof of publication $, .:...A--=.._..=00=-__

TOTAL $,__--"~'--'(,,"-'--.""1.:<...<..---.=...__

4. That only one bid was received at the time and place and in the

manner provided in said Advertisement for Bids, which bid is as follows:

]


APRIL 1997 TERM

55

II .II

BID PROPOSAL

• Date April 4, 1997

Ladies and Gentlemen:

The Bidder, in compliance with your invitation for bids for:

(hereinafter called "Bidder"), organized and existing under the laws of the State of doing

March 13, 1997

NA

I of 2

NANA

Bidder acknowledges receipt of the following addendum:

[lID PROPOSAL

Proposal of J .H. Haynes Electric Company, Inc.

business as Corporation* Insert corporation, partnership or individual as applies

BASEBALL FIELD LIGHTING PROJECTFLEITAS AVENUE, PASS CHRISTIAN, MS

Bidder hereby agrees to commence work under tllis contract on or before a date to be specified inwritten "Notice to Proceed" of the Owner and to fully complete the project within Thirty (30)consecutive calendar days.

having examined the specifications with related documents and the site of the proposed work,and being familiar with all of the conditions surrounding the construction of the proposedproject, including the availability of materials and labor, hereby proposes to furnish all labor,materials and supplies, and to construct the project in accordance with the Contract Documents,within the time set forth therein, and at the price stated below. This price is to cover all expensesincurred in performing the work required under the Contract Documents, of which this proposala part.

To Harrison County Board of Supervisors, Mississippi, (hereinafter called "Owner") .

•

..II

•II

56MINUTE BOOK


Bidder understands that the Owner reserves the right to reject any or all bids.

Ten Thousand Eight Hundred Sixty One & 20/00 dollars ($ 10861.20

Upon receipt of written notice of the acceptance of this bid, Bidder will execute the finalcontract attached within lO days.

The above prices shall include all labor, materials, overhead, profit, insurance, etc. to coverfinished work as specified.

]

]

March 13, 1997

Gulfport. MS 39502

Post Office Box 637

Addressc:------------

2 or 2DID rRorosAL

Base BidBidder agrees to make necessary repairs as described in the specifications, for the lump sumprice of:

Retrl1Y;b~~

By: Carl E. Walker(Seal - if bid is by corporation)

The Bidder agrees that this bid shall be good and may not be withdrawn for a period of 30calendar days after the scheduled closing time for rcceiving bids.

,---I

I

I

I

IIIIIIIIIII'III,


APRIL 1997 TERM

57

I 11uml ~() .

Fidelity a11d Deposit COlnpanynOME OFFICE OF MARYLAND BALTIMORE, />ID. 21203

nID nO·ND

KNOW ALL MEN BY THESE PRESENTS:

That we, J., .I:I W\.Y.H.r;.S l;.l.r;.~.I.R.I ..C h.Q.I:U'.P.-.N.Y., .!.N.L- .............................f..Q.?.T. Q.F..f..g..L..~.Q.~ U.7.., ~.~J.f..~.9..~.:L I:\.!.~.~..I..?..?..!.p..p...I.. 3..9..5..9..? ................................................................................................ as Principal, (hereinafter called the "Principal"), andthe FIlIEI.ln· ":-:1) DEI'OSIT COMI'ANY 01' MAItYI.AND. of llaltimore. Maryland. a corporation duly organizedunder the laws of the State of Maryland, as Surety, (hereinafter called the "Surety"). are held and firmly bound

unto ~.':E~.~.~.?~ ~~::':~E1....~!?~!:~ ?! ~~P.:!:~.~~!?E~ .

I

..................................................................................................................as Obligee, (hereinafter called tile "Obligee"),

in the sum or.::...::....~....~....F...!.Y..~ ...!.'..~.~....~..~.~.:r. .. 'O.E.....~.LD. ...::....~....~....::....~....~.....:....Dollars ($..5.%....0.f....0.J..0..),for the payment of which slim well and truly to be made. the said Principal and tile said Surety. bind ourselves,our heirs, executors, administrators. successors and assigns. jointly and severally. firmly by these presents.

WIIEREAS. tl,e Principal has submitted a bid for __ ..

.....................................~.~.:'.~~.~~~ ~~.~.!~ ..}.~~.~!:~.':.~ .. J?.:-:~.t~.!:.~.! ~.~.~.~.~~ ~::!7.~!!."' ..Pass Christian, MS

NOW, TlIEREFORE, if the Oblil:ee sh"l1 accept the bid of the Principal and the Principal shall enter intoa cGnlract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may bespecilicd ill the biddinl: or contrnct documents with good rInd sufficient surety for the faithful performance ofsuch contmct rInd for the prompt payment of labor and l1l:lterial furnished in the prosecution thereof, or in theevent of the failure of tl,e Princiral to ellter into such contmct and give such bOlld or bonds, if the Principal51,all p"y to the Oblil:ee the dilTerenre lint to "xceed the penal ty hereof hetween the "mount specirled in saidhid and such larr:er amount for which the Ohligee may in l:ood faith contr"ct with another p"rty to performthe work covered by said bid, then tllis obliga tioll sh,,11 ue null rInd void,otherwise to remain in full force and eITect.

Signed and scaled lhis ..?~~ day of ~?.~.~~ A.D. 19 ?? ..

WilllessPat Starnes

rj)J0~ __ l:~;;ZYNI~\~~~N.XlS"~'Wi,,,,,, ~~~;'7;;~~~f.;mp~::;~- .

/oIDELITY AND DEPOSIT COMPANY % MARYLANDSlIrety

CJ25d-ISOM. S·!l 215·01IHlprovrd by The IUnI::r1Cilll lllstilllte: of ArchitrclS.AJ.A. Documrnt No. '\.310 l:rlJfu:try 19)0 Ellilioll.

58MINUTE BOOK


]Power of Attorney

FIDELITY AND DEPOSIT COMPANY OF MARYLANDHOME OFFICE. SALTIMORE. MO

KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State ofMaryland, by C. M. PECOT, JR., Vice-President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by ArticleVI. Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full forceand effect On the date I)ereof, does hereby nominate, constilUte and appoint John B. Sneed, Jim E, Brashier,Charles F. McKInley and J, Nick Myers, all 0t~Fulfport,~Mississippi,EACH .....

ItS [rue and lawful agent and Anorney-in-Fact, to make, execute, sealand.:!iCliver, for(~rid~~ its behalf as surety, and as its act and deed:any d 11 b d d d k . / '-.'0 (.'< -'an a on s an un erta lOgS (~Y),~........... •;.".~':f. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. • .. .. .. .. .. • .. .. ..

'"'''>..0 ~,,",.

STATE OF MARYLAND

COUNTY OF BALTIMORE ]lss,

On this..!.~.~.~..__day oL_._.f.~QJ:.\.I.'lJ;:Y__.., A.D. 19..9.:i, before the subscriber, a Notary Public of the State of Maryland, dulycommissioned and qualified, came C. M. PECOT, JR., Vice·President and C. W. ROBBINS, Assistant Secretary of the FIDELITY ANDDEPOSIT COMPANY OF MARYLAND, 10 me personally known to be the individuals and officers described in and who executed the precedinginstrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposelhand saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the CorporateSeal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed 10 the saidinstrument by the authority and direction of the said Corporation.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above wrinen.

,S ''''OC';--';;o~/~;;;;';;-;;;';;;;My Commission Expires....__ A.ygY.s.\J.•_J.99.9.. _

,'/',>;';)- .,:,<';;"/A:nd the execution of such bonds or undertakings in pursuan~ of these preseots,::shall be as binding upon said Company, as fully andamply, to all intents and purposes, as if they had been dult.ex~te~ and ackiio,~fedged by the regularly elected officers of the Companyat its office in Baltimore, Md., in their'own proper persons,,:;Thl.s pO!Je), of attorney revokes that issued onbehalf of John C, Thompson, etal,(dated November 30, 1994.

(":' "'.' '..","":';:,"The said Assistant Secretary does hereby certify tharth,,'extract setforih)on the reverse side hereof is a true copy of Article VI, Section

2, of the By-Laws of said Company, and is now ,in Jocce. " 0:;.:-IN WITNESS WHEREOF, the said Vice-President and Assistanl Secretary have hereunto subscribed their names and affixed the

Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY,OF MARYLAND, this .__.t~J:.h._.. . ._. _day of__..__..X~!'E':!~.~.Y .. .. , A.D. 19.9.5~;':,)' -' >'

~~,.,;' FIDELrrY'ANo DEPOSIT COMPANY OF MARYLA1I,'DeJ~

AllEST - ~ -,~,S~l~ '\.........;..':; By

Assistant Secretary ---~"-"::"":=C~;;i<,...-·'t:t-e-sid7"·"'en-I'--~\-----

~~,-:3P-.~

CERTIFICATEI, the undersigned. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original

Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; andI do further cerufy that the Vice-President who executed the said Power of Anorney was one of the additional Vice·Presidents speciallyauthorized by the Board of Directors to appoint any Attorney·in-Fact as provided in Article VI, Section 2, of the By-Laws of theFIDELITY AND DEPOSIT COMPANY OF MARYLAND.

This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITYAND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.

RESOLVED: "That the facsimile or mechanically reproduced signalUre of any Assistant Secretary of the Company, whether made herctoforeor hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding uponthe Company with th same force and effect as though manually affoxed." n .J.- J ,da~0~..·__~ .. 1 ~Y:~__ ...~~.~.F..._I.~:~e__~e~~~Tibscribed my name and affixed the corporate seal of the said Company, this .._L~

........--....·-------....~1-~x~%-~~-- .......---.....I "-' ASSIstant Secretary

Li'28c -056-5098 l ' ]


APRIL 1997 TERM

5. The Board does hereby find that the only bid received from Haynes

I Electric Company, in the amount of $10,861.20, meets specifications and is

fair and reasonable for the Baseball Field Lighting project, Fleitas Avenue,

Pass Christian and should be accepted. It is, therefore,


MISSISSIPPI, that the bid of Haynes Electric Company in the amount of

$10,861.20 be, and the same is HEREBY ACCEPTED for the Baseball Field

Lighting project, Fleitas Avenue, Pass Christian, Mississippi.



vote with the fOllowing results:

59

ISupervisor BOBBY ELEUTERIUS voted

Supervisor LARRY BEI\IEFIELD voted




AYE,

AYE,

AYE,

(ABSENT & EXCUSED>

AYE.

I



the Order adopted.

TH IS, the 7th day of Apri I 1997.

* *

60


APRIL 1997 TERM


Order:

ORDER ACCEP1"ING LOW BID OF MUSCO OFALABAMAIMISSISSIPPIIN THE AMOUNT OF $24,123.00FOR BID #97-0401 FOR PURCHASE OF SPORTS LIGHTSFOR THE PASS CHRIS1'IAN LIGHTING PROJECT

WHEREAS, the Board of Supervisors does hereby find as follows:


March 1997, adopted an Order authorizing and directing the Clerk of the

Board to cause publication to be made of Notice of Invitation to Bid for Bid

#97-0401 Purchase of Sports Lights for the Pass Christian Lighting project.

2. That as directed in the aforesaid Order, said Notice was published in

The Sun Herald newspaper, a newspaper published and having a general

]

circulation in Harrison County, Mississippi for more than one (1) year next

immediately preceding the date of said Order directing publication of said ]

notice, and that the Publisher's Affidavit of Proof of publication has been

filed with the Clerk of this Board, by said Clerk exhibited to the Board, and

shows that said Advertisement for Bids was published on the 15th and 16th

days of March 1997.




identified in paragraph (1) thereOf, said Proof of publication being in the


]

I


APRIL 1997 "rERM

PROOF OF PIJBLICATIONSTATE OF MISSISSIPPI

COUNTY OF HARRISON

61

I

NOTICE OF INVITATION TO BIDse.ltd bids ....ilr be ICC~PIM by

the 801rd 01 SuQtrvilOJ$ 01 H.rri·son Counh'. Miuin;ppl, .t Ih~

Bwrd Mlelini Room In the F'lr~1

Jvdici.l COlJrtl'lDu,~ In Gulll>orlMiniuiDoi. lInlil lilt I'lovr or 11);))

i o'clock A.M.• on April 1. 19"11, till"I Pl/rcha5e ltv Ha{fi~ CO\Il'lty fhe

ifO~~~~RCHASE:BIO't1~ISPCH'I'Llilll1rorltlt'

Pan (hrish,n lighlifl9 ProjKlBID "'-4-60'200e0t M«t Proln·

ljon.IUllljt.,.Rjclitt9~n

I SPeCifications al'ld 1M bid Iorml!lor Bid "14«11 ind -"74C21i,lfl:!,,,~ m.. .,. be OblaU'~<1 lrom theHarmOll (OlIllly PurCMlillt Of.~rtmenl.localtel in lhe First Judi.cI,r Courthollv. 11101 DId AvenUt'•

. GulfClOl1. MiuiUippl J7SlJ2... Tt'Il"i Ilhon! No. (601) U5-.t02I,. AU bids musl be on lilt with Itle'CierI: 01 lhe Board; MUST ShowMissinipol Privilt9! Tn Lkt'IlSeNumtw and tJ( Certificale of ReoSPCnsibility Humber; MUST show ,lhe Bi~s namt and adc:hu; ,MU!ot be sealed and C1earh' rNrkedan lhe otIl$i~ of t~ envelOPe u indicated • 'Bid Ho.-. 10 be OPenedon April " ,,,,: EnV!l~ not 50marked ire submitted at the risk oflhl! Blddff and Ihe County assulMSno responsibility for tht MeffiilureOQMI". of ....... by an., C"",onlyEmplone.

Bids sent through IhI! U.S. Mailart! done al Ihe risJ(. 01 lhe BkIOerand should be addrf'ssed 10 IheBoird al Supervi5Or'$. in (lrf'of IhtH.rrlson Counl., PurcNs.irli ~.

Nrtment. POSI Office Dr.wer 'CC".GulIPOrt. Mississippi, :l9S02, TheCountr is NOT re~sible lOt b",s1tJa;1 Ufo mailtd 10 the wrDl'lfl addrnsl)( It'lil arr;vf' in the mail aflerfhe drtltm.led OPening lime. Bkhma, be ~liVfft<l i" PInon 10 theHarrllollt! Co"'"'r Purcha,in, De·par'menl In Iht Firsf JudicialCour1ho\ne a' IllJl :ord Avenue.Gulfport. Mhslsslpl. until 5;00P.M.., 011 APril'" 1"'7. Of' 10 theSoard 01 SuPtfVisors meelin, roamal the First JUd'IcI.1 District CIlUI1·Mvw In GuIlPOrt. MiniulPOI onApril 7, '9'1'7, prior 10 lhe oPtningIimt.$ Iisled above,

Tht Bo.ard 01 SUPefYlson wlHmeotl al 1M lime and In lilt olattslaled lirsl above In Ihis Noliee andwill lhtn and Ihere open. rudaloud. (OllSider and lake sUCh ~c·t~ n lhe Board m.v lhen dettt'·mine on bids rKelvtd I" attor·GalICe wilh Ihls Nollct!. The Boardrese-r~s lhe ,191'1110 reiKt any andall bids ind to waive mlormalillf'$,

ey Orl5er olfne Board of SuPtr'lI.sors. IItm 'tl~l .and "7~ftrf' ~IfdMoirch 10, 1997.

lSI John McAdamsCLERIc:. BOotrd of S",~rvison

III Francrs GII.,-, D.C.W·«),fdv.1.S.b


Mississippi, personally appeared )<o~ 10 A OLVrYl

who, being by me first duly sworn, did depose and say that she is a

clerk of JPu S"1d K ~a pel_____________, a newspaper published in the

city of Jlu tk,f;?o! +-- , in Harrison County, Mississippi,

and that publiJ;?on of the notice, a copy of which is hereto attached,

has been made in said paper 2. times in the follOWing

numbers and on the follOWing dates of such paper, viz:

~Pape4.wdVol.J.!LNO.,-.L[.l£dated~dayof ~V;19~~Paper~ol.~No.,~datedJ..Ldayof~, 19-..J.l

__Paper__Vol._.__No.,__dated__day of__, 19__





Affiant further states on oath that said newspaper has been



L Krx t£hJJ I~e~~

"b,a;bed beto" me tffi6, -tic. day of

~~~;;++ 1 mCJJw~

Printer's Fee $,__~5"""---:\-W...:..J4-c::..1,.L.-_

Furnishing proof of publication $, ----'2=-=-;kO~<JL-_

TOTAL $,__-"'5d:S~.~<B....L-_

I 4. That the following bids were received at the time and place and in

the manner provided in said I\lotice of InVitation for Bids, which bids are as

follows:

62MINUTE BOOK


TABULATION SHEET FOR BID #97-0401SPORTS LIGHTS FOR PASS CHRISTIAN

LIGHTING PROJECT

]

BIDDER IESTIMATED DELIVER'Y1 BID PRICE I .)

MUSCO 4 WEEKS AFTEROF AUMS RECEIPT OF

INCORPORATED PURCHASE ORDER $24,123.00

HAYNES 4-6 WEEKS AFTERELECTRIC RECEIPT OF ]COMPANY PURCHASE ORDER $27,338.00

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63MINUTE BOOK


MINIMUM Specifications and Bid Fonn for the Pass Christian Little LeagueLighting Project.

GENERAL:

I

: :

1.

2.

The County has a requirement for Sports Lighting for the Little LeagueLighting Project in Pass Christian, Mississippi. The Lighting Projectconsist of one (I) Little League BasebalJ field. This requirement wilJ befor Sports Lighting Materials only.

The County's representative for this project is Mr. David Dauro, of theHarrison County Outside Building & Grounds Maintenance Department.Mr. Dauro can be reached at (601) 896-0212 and lor (601) 896-0207,he should be contacted regarding site inspection arrangements for thisproject and for technical questions not fully addressed in these documents.

4.

I

I

3. References made to particular manufacturer's brand name are done soonly for the purpose of establishing reference points for prospective bidders.Equipment from other manufacturers that meet or exceed these specificationswilJ be give equal consideration.

The Bid price should include delivery to Harrison County, Mississippi worksite.Bid price is requested to be firm for sixty (60) days beginning with the bidopening date as if first appears in the Invitation to Bid Notice.

Lump Sum Bid Price jt 2""\, \1..3.00

Materials Warranty 7- 'ltfltZ.S- SO! (f'JCl-oJJ)(;:"'D CDfy

Approximate Date of Delivery "'\ IV l:nElU ft<-o t"1 f 0

I certify the offered Sports Lighting Equipment meets or exceeds the requirementsas set forth in the attached specifications.

DATE: ----'-=---\-~L.l_--'----'---..- _

VENDOR: MUjto

SIGNED BY (NAME & TITLE) f?-tMt"/(~f/11IYC

ADDRESS: tr"t \6 'Tlt"Y<.c.1:' LittLe 1<..0. AJ()I!..{HfJ~d7, flL. ])4.7S,TELEPHONE: 1- Boo- fi J{ - 5609 FAX: _2..;:..0-:...)_--".-3-,,-3=--J_,_7,---,3-,7...-"'(,_

PLEASE SUBMIT YOUR BID ON TIllS BID FORM. FAILURE TO DO SO MAYDISQUALIFY YOUR BID.

BID #97-0401 TO BE OPENED APRIL 7, 1997

From: Gordie Hall

To: Harrison County Purchasing Department

64MINUTE BOOK


----..------------------------- Gordie HallMusco of Alabama/Mississippi15418 TIerce Lake RoadNorthport, Alabama 35475Office: 205/339-3331AUMS loll-free: 800/851-5609Fax: 205/333-7376Internet: [email protected]

Date: March 24,1997

Re: Pass Christian Little League Lighting Project

The lighting design and the product quoted for this project meet all of the required

minimum standards and all of the desirable features for Little League Baseball as per

the Little League Baseball 1997 Operating Manual.

CXJ:XJmu~r::o.

&~'V

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65MINUTE BOOK


I

I -:J~musc:o

7-yearFoundation-UpWarranty

light-Structure Syst(Warri

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-

EQUIPMENT - Muscu warrants the Lig.hl-Strllcture System (cxcluding. fuses umllamps) 10 be l'ree f""(I'defects in materials "nd workmanship for a period of seven years slaning from the dalc of lklivcr,.

Two Years Lahor- Museu "grces to proVide lahor "nd materials lor" period oflwo yeurs to rcpl;1l(!elective p;,ns or repair delects in workmanship or, al ib election, 10 pay lhe rC:lSllIl<lble ('ost of lallI'for such repairs. For the remainder of Ihe w"rrallty period, replacement parts will he providedul no charge. Labor costs will he the owner's expense.

LA:\lI'S - Lamps arc warranled not to fail for two years frum Ihe date of delivery. L"lllps which fa il duri(l~the !'irst year of the warranty period will he replaced and installed at no cost to Ihc owner.

Lamps which fail during the second twelve months will be replaced by the m"nllfaclurcr hutinSlallation will he the owner's responsihility. Lamps damaged by physical traLinUI orcleclrical S(lr;!,arc ilot covered hy this warranty.

ALI,; 'IMENT - Musco warrants accurate alignment of the luminaires Oil Ihe ILlJJlinaire asscmhly lor a I'cn"of seven years starling: from Ihe date of del ivery.

LIMITATIONS - Thc 1l11luwing arc not covered by this warranty:Fmc,

We.tther condition events such as Iig.htning or hail damage• Improper inslalbtioll, vandalism or ahuse

UmlUlhorized repairs or alter,llions

Repilir and/or replacement arc the complete warranty and Clllhlilule lhe exclusive remedy.

I , 'JJ.'J !.AL.~C(> Sport3 LIQr.fiog. Inc J-I

66 MINUTE BOOKBOARD OF SUPERVISORS. HARRISON COUNTY, MISSISSIPPI

APRIL 1997 TERM

MINIMUM Specifications and Bid Form for the Pass Christian Little LeagueLighting Project.

GENERAL:

1. The County has a requirement for Sports Lighting for the Little LeagueLighting Project in Pass Christian, Mississippi. The Lighting Projectconsist of one (1) Little League Baseball field. This requirement will befor Sports Lighting Materials only.

2. The County's representative for this project is Mr. David Dauro, of theHarrison County Outside Building & Grounds Maintenance Department.Mr. Dauro can be reached at (601) 896-0212 and lor (601) 896-0207,he should be contacted regarding site inspection arrangements for thisproject and for technical questions not fully addressed in these documents.

3. References made to particular manufacturer's brand name are done soonly for the purpose of establishing reference points for prospective bidders.Equipment from other manufacturers that meet or exceed these specificationswill be give equal consideration.

4. The Bid price should include delivery to Harrison County, Mississippi worksite.Bid price is requested to be firm for sixty (60) days beginning with the bidopening date as if first appears in the Invitation to Bid Notice.

]

Lump Sum Bid Price $ 27 , 338.00

Materials Warranty Five years starting from date of J'..

delivery.Approximate Date of Delivery Four to six weeks after receipt of order.

I certify the offered Sports Lighting Equipment meets or exceeds the requirementsas set forth in the attached specifications.

DATE: April 4, 1997

VENDOR: J.H. Haynes El~C Company, Inc.

SIGNED BY (NAME & TITLE) ~ E,W~Carl E. Walker, Vice-President

ADDRESS: P.o. Box 637 - Gulfport, MS 39502

TELEPHONE: 96011 863-3232 FAX: (601) 863-3497

PLEASE SUBMIT YOUR BID ON THIS BID FORM. FAlLURE TO DO SO MAYDISQUALIFY YOUR BID.


J


APRIL 1997 TERM

5. The Board does hereby find that the bid of Musco of

I Alabama/MissisSippi, in the amount of $24,123.00, is the lowest bid meeting

specifications and, therefore, the best received for Bid #97-0401, purchase of

Sports Lighting for the Pass Christian Lighting project, and that said bid is

reasonable and fair and should be accepted. It is, therefore,


MISSISSIPPI, that the bid of Musco of Alabama/MisSissippi, in the amount of

$24,123.00 be, and the same is HEREBY ACCEPTED for Bid #97-0401, Purchase of

sports Lighting for the Pass Christian Lighting Project.


above and foregoing order, whereupon the president put the question to a

67 I

Ivote with the following resUlts:






AYE,

AYE,

AYE,

(ABSENT & EXCUSEDl

AYE.



the Order adopted.


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68


APRIL 1997 "rERM

supervisor BOBBY ELEUTERIUS moved adoption of the following Order:

ORDER ACCEPTING ONLY BID OF KING RENTAL INC. INTHE AMOUNT OF $15,800.00 EACH FOR BID #97-0402,PURCHASE OF FOUR (4) UTILITY RIDING MOWERS

WHEREAS, the Board of supervisors does hereby find as follows:


March 1997, adopted an order authorizing and directing the Clerk of the

Board to cause publication to be made of Notice of Invitation to Bid for Bid

#97-0402, Purchase of One or More Professional utility Riding Mowers.

2. That as directed in the aforesaid Order, said Notice of Invitation to

Bid was published in The Sun Herald newspaper, a newspaper published and


(1) year next immediately preceding the date of said Order directing

publication of said Notice, and that the Publisher's Affidavit of Proof of

publication has been filed with the Clerk of this Board, by said Clerk exhibited

to the Board, and shows that said Advertisement for Bids was published on

the 15th and 16th days of March 1997.




identified in paragraph (1) thereof, said Proof of Publication being in the


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APRIL 1997 TERM

69

PROOF OF PUBLICATIONI

I

NOTICE OF INVITATION TO 810s,r.lf'd bids _ill be .. tCfpltcl tIV

thl 80,I(G 01 SUPervl1C:l" 01 H.rri·IDIl ( ....nl)'. Minlnil;pl. II' Iht8l»rd ","'11'18 RQI:I'" In 1M FirstJudiei,. COll'lh1""l~ In GuIlClOrI.Mj··.ini~, """il \!'llr hour alia:)!

jO'[•..<k A..M., \lIfl April J. IfP1, lorJ P!JrCNl-r by H.rrIWln CtMIl~ Iht

I'O~~~~LRCHA}E:810 "'~J SPOrts lI,hl1lor I~

Pin '"iSli,,, ll'lllhli"9 Proit<1IUD "'4402 Dne Of Mctt Pr~n

SiM" Vlllily Ridil'lll MowtnI ~jfiC.tiOflS lind tht bid Iorrns! IOf Bid "7oMl and It1..c...:n Ihlf'Cf:.bDvt mIT be Dbt.ine<! from liltHarrison County Purchuinl Dot·Nrfmtnl. 1000ted In Ille Flrtl Judi·el", CllUrthou~. 1801 Urd ,btftUf,

,GlllfPlll1, Mis.siuiPIII )9502. hIt·IDl\llW No. (60I1I6S-4G2t.. All bids musl be on rile wilh fhe'elm of tilt Ikwrd; MUST Show'Miu!sslppl PriYilf'9f Tn licrnkNurnbtr .nd Dr Cer1ifi,.lt of ReoUlOnSibilil'( Number; MUST Show I

Itw Bidckr"1 MtT'lt and address; IMUSI be'sultd and cltarl" ""'"'"0l'I1~outside IIf t~ tnvt!oPt' " kIelicalee! • "Bid Ho.-. 10 bII!~01'\ AprilJ. 1997: Envtl~ nof KlINr.1I!Cl ~tt submi"1I!d allhl! tis!. DIlhe 61~ anrlll'lt! COUnl" USIImntlOrf'SClllnlibilil"lor IhtPrtma'\lTt(lProfti,. III ..- bY any CoulllyEl'nlllo'(te.

6ids loII!fIl tlv0U9t1 'he U.S. Mallare doni! al lhe ri'" III IN! 8iddltfand should bII! addrtlUd 10 IhtBo"rdof$upe-rtlson.lncartollhtH4Irrlson Count, Purc/wSlM Of.llIr1mtnl. Post OffiCII! Dr.WII!t ·CCO.Gullport, Miniuiplll. 19502. TMCounly is HOT reSPOnsible tor bidsIty, .rt m4li~ 10 the WroM addtns Of l/wl artiw, in the lNilalferlilt dt'Si'r'lalf'd oPenino lime. BidsIN" bII! cklivtrf<l In per5Ol'l 101MHurl"", COIml, Purc/wslnt Of·Ilulmenl In Itlt Fint Judlcl.1Coul"11'lcIuSt' II 11101 23td A~.GulllPOtl. Mluinllll, unlll S:DOP.Nt., 011 APr"1I ~. 1991. Of 10 lhe8001rd III SuPerVisors mtelln, room,1 l!'Ie Firsl Judicllli Oislriet Court.!»use In GulfllOf1, Minisslppl 01'1APril 7. 1997. lII'"lor 10 ltle OPmin9lime IS IIsled abow.

The 80ard ot Su~r ... l,orl willmetf II IIw IImt anet In lhe' piKeslall~clflnlabovll! In Ihis Hallet,ndwill Iht" 41"d lhtre open. teadaI0Y01.DIl'IliC1f't"41nc11akeslKhitc·lion 11 !I'M 10000rd moll' lhen cleler·mine "'" bid' rt'Ctiwt'd In ~ccor·dolItI(f .ilh Ihls Mollce, T~ 8001rdrnerves lhoe ri,hl 10 rtil'tl .,., ~Ild

all bids .ndla • .alw illlOt'm.alihts.Ill' O,lItr of IIW: BOolIrd ot SIl"'l!tyj·

)Gr1.lIem,ti-o.tOlar'ld '''~1

~rt ldooled ~rcl'l 10, 1"'.fsf JaM McAd.llm,

CLERIC, bUd CIl Su~iiOl"1fsf Fr.llnc.ts Glly. D.C.

W·4D.adv.IS:h:


COUNTY OF HARRISON


Mississippi, personally appeared )<o~ 1a A OLl/m

who, being by me first duly sworn, did depose and say that she is a

clerk of JPu Eu i1 !-kaPc1_____________, a newspaper pUblished in the

city of 0:1"-\~QA +- . ,in Harrison County, Mississippi,

and that publica'rr6n of the notice, a copy of which is hereto attached,

has been made in said paper 2 times in the following

numbers and on the following dates of such paper, viz:

~Pape~Vol.--llLNo.,~dated-..lI::.-dayof iL.a-v, 19'3.l

~Paper~ol.--.ll..LNo.,~dated~dayoffu:!:C,19~__Paper__Vol.__No.,__dated__day of__, 19__

__Paper__Vol.__No.,__dated__day of__•19__







l Jeodhy ~e~UzM

L...:::::- uay of

My COffi",lSSlon ExpIres June 8. 1997

Printer's Fee $__5......:...~---'--'._4-.L3.L-_

Furnishing proof of publication $ --=L=..:-""O""cJ"--_

TOTAL $,__-"'S"'-'S:=:....:.---'4-::>--'-----_

I

I 4. That the following bids were received at the time and place and in

the manner provided in said Notice of Invitation for Bids, which bids are as

follows:

70MINUTE BOOK


TABULATION SHEET FOR BID #97-0402ONE OR MORE UTILITY RIDING MOWERS

BIDDER MFG. AND MODEL BID PRICE EACH

KING JOH DEERERENTALS MODEL 2653

INCORPORATED UTILITY MOWER $15,800.00

]

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APRIL 1997 TERM

Minimum Specifications and Bid Form for One or More Professional Utility Mowers

TRACTOR:Liquid Cooled 18 hp, V-twin OHV, 4 Cycle Engine Vendor Complies: xHydrostatic Transmission Vendor Complies: xAutomotive Type Power Steering Vendor Complies: x300 Cold Cranking Amps Battery Vendor Complies: x17 Amp Alternator Vendor Complies: xWeight Transfer System Vendor Complies: xPressurized Lubrication System Vendor Complies: xDual 2 Wheel Disc Brakes Vendor Complies: xHydraulic Reel Drive Vendor Complies: x

Hydraulic Cutting Unit Lift Vendor Complies: x55 inch Wheel Base Vendor Complies: x52 inch Tread Width Vendor Complies: x72 inch Mowing Position Width Vendor Complies: x20 inch Turning Radius, Uncut Circle Vendor Complies: xFull Control Panel Instrument Warning Lights Vendor Complies: xSafety Interlocks Vendor Complies: xMOWER:(3) 26 in. Cutting Width Floating Units Vendor Complies: xHydraulic Power Steering Vendor Complies: xKey Start Ignition and shutoff Vendor Complies: xHand Controlled Throttle and Brake Vendor Complies: xCutting Height Adjustable from 1/8-3" Vendor Complies: x

ALL OTHER STANDARD FACTORY EQUIPMENT NEEDEDTO INSURE THIS VEHICLE MEETS STATE AND FEDERALANTIPOLLUTION LAW REQUIREMENTS Vendor Complies: _x__

Bid price includes delivery to Harrison County, MS, dealer preparation, title and stateinspection fees. Bid price is requested to be firm for sixty (60) days beginning with thebid opening date as it first appears in the IFB Notice.

Bid Price $ 15,800.00

Manufacturer's Name and Model of the Utility Mower Offered:JoHN DEERE 2653

Delivery Schedule: 4..;.W.:..:E:=E::.:K.::...S _

Warranty: 1 YEAR WARRANTY PARTS AND LABOR

(Details of manufacturer's warrant MUST be included with this bid)If bidders place of business is not located in Harrison County, MS the location of full service, parts

and warranty shop is: .-:-----;--c,--,--;----:-----,--------,-----,----:--:-:-=------,,.----,,-----,-----,...,....,......,..------,--,-The County reserves the right to inspect maintenance facilities and will take this into considerationwhen awarding this bid.

71

III

I certify the unit offered meets or exceeds the foregoing specifications unless otherwise noted.

I DATE: 4-2-97

VENDOR: KING RENTALS INC.

SIGNED BY (Name and Title)~cKcvrn~ADDRESS: 9207 w. OAKLAWN RD. BILOXI, MS 39532

(SALES)

TELEPHONE: 601-392-2211 FAX: 601-392-2309



APRIL 1997 TERM

]

~~1\1~f7 ~~~T~L§~ I~C.

QUOTATION9207 W. OaklawnBiloxi, MS 39532

(601) 392-2211

~HARRISON COUNTY PURCHASING DEPT.P.O. ~MWER "CC"GULFPORT, MS 39502

LTTENllON BOARD OF SUPERVISORS

~ LEADERSHIP_ATWORK

I DATE 4-2-97

PAGE OF

REFERENCE

aUANrT!TY

1

GENTlEMEN:

WE ARE PLEASED TO SUBMIT THE FOllOWING QUOTATION FOR YO,UR CONSIOERATION

DESCRIPTION

JOHN DEERE 2653 PROFESSIONAL UTILITY MOWERS

( AS PER SPECIFICATION OF BID )

UNIT PRICE

$15,800 0EACH ]

DEUVERY

4 W:EKS ] EO.8. FREE DELIVERY

RESPECTFULLY SUBMITIED.]

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APRIL 1997 TERM

LIMITED WARRANTY FOR NEW JOHN DEERELAWN & GROUNDS CARE PRODUCTS

(U.S. Only)

A. GENERAL PROVISIONS· The warranties described below are provided by John Deere Company ("John Deere") to theoriginal purchasers of new Lawn & Grounds Care Products from John Deere or aufhorized John Deere dealers. Under thesewarranties, John Deere will repair or replace, at ils option, any covered part which IS found to be defective in material orworkmanship during the applicable warranty term. Warranty service must be pertormed by a dealer or service center authorizedby John Deere 10 sell and/or service the Iype of product involved, which will use only new or remanufactured parts or components furnished by John Deere. Warranty service Will be pertormed without charge to the purchaser for parts or labor.The purchaser will be responsible, however, lor any service call and/or transportalion of product to and from the dealer'sor service center's place of business, for any premium charged for overtime labor requested by the purchaser, and lor anyservice andlor maintenance not dlfectly relafed to any defect covered under the warranties below.

B. WHAT IS WARRANTED· All parts of any new John Deere product, except tires, radios. and batteries, are warranted forthe number 01 months or operating hours specified below:

LAWN & GROUNDS CARE PRODUCTS WARRANTY TERM

tN RESIDENTIAL (Private Homeowner) APPLICATION 24 Months

IN ANY OTHER APPLICATION 12 Months

Regardless of Applic.ation:COMPACT UTILITY TRACTORS

24 MonthsFRONT MOWER TRACTION UNITS (WIth diesel or 21 HP and above engines. Mower decksand attachments warranted separately, see above.)

Regardless of Application:

SKID STEER LOADERS, COMPACT EXCAVATORS, UTILITY VEHICLES, FLAIL & SICKLE 12 Months or 1,000 HoursMOWERS, ROTARY CUTIERS, POST HOLE DIGGERS, REAR BLADES. ROTARY DISK MOWERS, Whichever Comes FIrst

ILOADERS AND BACKHOES.

Each warranty term begins on the date of product delivery to the purchaser.

C. WHAT IS NOT WARRANTED· JOHN DEERE IS NOT RESPONSIBLE FOR THE FOLLOWING: (1) Used Products;(2) Any product that has been altered or modified in ways not approved by John Deere. including. but not limited to, settInginjection pump fuel delivery above John Deere specifications; (3) Depreciation or damage caused by normal wear, lack ofreasonable and proper maintenance, failure to follow operating instructions, misuse, la.ck 01 proper protection dunng storage,or aCCident; (4) Normal mainlenance parts and servIce.

D. SECURING WARRANTY SERVICE· To secure warranty service, the purchaser must (1) report the product defect to anauthOrized dealer and request repair within Ihe applicable warranty term, (2) present eVidence ot the warranty start date,and (3) make the product available to the dealer or service center within a reasonable period of time.

E. LIMITATION OF IMPLIED WARRANTIES AND OTHER REMEDIES· LAWN & GROUNDS CARE PRODUCTS· To theextent permitted by law, neither John Deere nor any company affiliated with it makes any warranties, representabons or promises as to the quality, pertormance or freedom from defect of the Lawn & Grounds Care products covered by this warranty.IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENTAPPLICABLE, SHALL BE LIMITED IN DURATION TO THE APPLICABLE PERIOD OF WARRANTY SET FORTH ON THISPAGE THE PURCHASER'S ONLY REMEDIES IN CONNECTION WITH THE BREACH OR PERFORMANCE OF ANY WARRANTY ON THE JOHN DEERE LAWN & GROUNDS CARE PRODUCTS ARE THOSE SET FORTH ON THIS PAGE. IN NOEVENT WILL THE DEALER, JOHN DEERE OR ANY COMPANY AFFILIATED WITH JOHN DEERE BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. (Note: Some states do not allow limitations on how long an implied warrantylasts or the exclusion or limitation of incidental or consequential damages so the above limitations and exclusions may nolapply to you.) ThIS warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

F_ NO DEALER WARRANTY· THE SELLING DEALER MAKES NO WARRANTY OF ITS OWN AND THE DEALER HAS NOAUTHORITY TO MAKE ANY REPRESENTATION OR PROMISE ON BEHALF OF JOHN DEERE, OR TO MODIFY THE TERMSOR LIMITATIONS OF THIS WARRANTY IN ANY WAY.

.i" If further information is desired, contact your selling dealer or the nearest branch office of JOHN DEERE COMPANY:

2001 Deere Drive - Conyers, GA 30208 3210 East 85th Street. SE. Station· Kansas City, MO 64132-2586

701 Georgesville Road - Columbus, OH 43228 2001 West 94th Street - Bloomington, MN 55431-2311

10650 Hines Boulevard - Dallas, TX 75220-2635 Suite 200. 440t Bland Road, RaleIgh. NC 27609-6285

DC·1360 (Stock 695 - PWlled in U.S.A.) Effective June 1995OrY.25

74MINUTE BOOK


5. The Board does hereby find that the only bid received from King

Rental Inc, in the amount of $15,800.00 each, meets specifications and is fair ]

and reasonable for the purchase of four (4) utility riding mowers and that it

should be accepted. It is, therefore,


MISSISSIPPI, that the bid of King Rental Inc, in the amount of $15,800.00 each

for the purchase of four (4) utility riding mowers be, and the same is HEREBY

ACCEPTED.

supervisor DAVID V. LAROSA, SR. seconded the motion to adopt the

above and foregOing Order, whereupon the President put the question to a

vote with the following reSUlts:






AYE,

AYE,

AYE,

(ABSENT & EXCUSED>

AYE.

]


the Members present, the president then declared the motion carried and

the Order adopted.


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APRIL 1997 TERM


Order:

ORDER ACCEP1"ING 'rHE PRELIMINARY PLAT OF ROBINWOODVILLAGE SUBDIVISION LOCATED IN SECTION 6, TOWNSHIP 6SOUTH, RANGE 11 WEST, IN SUPERVISOR'S VOTING DISTRICT2, AS RECOMMENDED BY THE COUNTY ENGINEER AND THECODE ADMINISTRATOR


MISSISSIPPI, that the Board does HEREBY ACCEPT the preliminary Plat of

75I

Robinwood village Subdivision located in Section 6, Township 6 south, Range

C 11 west, in Supervisor's voting District 2, as recommended by the County

Engineer and the Code Administrator.

Supervisor BOBBY ELEUTERIUS seconded the motion to adopt the



I Supervisor BOBBY ELEUTERIUS voted





AYE,

AYE,

AYE,

(ABSENT & EXCUSED)

AYE.

I



the Order adopted.


* *

76MINUTE BOOK

BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPIAPRIL 1997 'rERM

supervisor DAVID V. LAROSA, SR. moved adoption of the fOllowing

Order:

ORDER AUTHORIZINC PAYMENT TO ALLEN PURVIS REALESTATE APPRAISER IN THE AMOUNT OF $750.00 FORSERVICES RENDERED AT FLAT BRANCH DRAINACE PROJECTPHASE III, AS RECOMMENDED BY THE COUNTY ENCINEER


MISSISSIPPI, that the Board does HEREBY AUTHORIZE payment to Allen Purvis

Real Estate Appraiser in the amount of $750.00 for services rendered at Flat

Branch Drainage project Phase Ill, as recommended by the County Engineer.



vote with the fallowing results:

]






AYE,

AYE,

AYE,

(ABSENT & EXCUSED>

AYE.

]



the Order adopted.


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]


APRIL 1997 TERM


I Order:

ORDER APPROVINC PAYMENT OF APPLICATION NO. 41N THEAMOUNT OF $38,730.60 TO SAMUEL B. DAY CONS'rRUC'r10N,INC. FOR WORK COMPLETED TO DATE ON THE HARRISONCOUNTY FAIRCROUNDS NEW RESTROOM FACILITY, ASRECOMMENDED BY THE COUNTY ENCINEER


MISSISSIPPI, that the Board does HEREBY APPROVE payment of Application No.

4 in the amount of $38,730.60 to Samuel B. Day Construction, Inc. for work

~ completed to date on the Harrison County Fairgrounds New Restroom

Facility, as recommended by the County Engineer.

Supervisor BOBBY ELEU'rERIUS seconded the motion to adopt the

77



I Supervisor BOBBY ELEUTERJUS voted





AYE,

AYE,

AYE,

(ABSENT & EXCUSED>

AYE.



the Order adopted.

TH IS, the 7th day of Apri I 1997.

I* * *

78MINUTE BOOK



ORDER AUTHORIZING PAYMENT OF APPLICATION NO.1 INTHE AMOUNT OF $16,535.00 TO ACE CONTRACTORS, INC.FOR WORK COMPLETED TO DATE ON THE HARRISON COUNTYFAIRGROUNDS ELECrRICAL MODIFICA1'IONS, ASRECOMMENDED BY THE COUNTY ENGINEER

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISOI\l COUI\lTY,

MISSISSIPPI, that the Board does HEREBY AUTHORIZE payment of Application

No.1 in the amount of $16,535.00 to Ace Contractors, Inc. for work

completed to date on the Harrison County Fairgrounds Electrical

Modifications, as recommended by the County Engineer.




]






AYE,

AYE,

AYE,

(ABSENT & EXCUSED>

AYE.

J


the Supervisors present, the president then declared the motion carried and

the Order adopted.


* * *

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I


APRIL 1997 TERM

supervisor C.T. SWITZER, JR. moved adoption of the following Order:

ORDER APPROVINC PAYMENT IN THE AMOUNT OF $1,100.00TO EDDIE M. BICELOW FOR SERVICES RENDERED TO ACQUIREEASEMENTS AND RICHT-OF-WAYS FOR FLAT BRANCHDRAINACE PROJECT PHASE III AND COOD DEEDS PROPERTY,AS RECOMMENDED BY "rHE COUNTY ENCINEER

79


MISSISSIPPI, that the Board does HEREBY APPROVE payment in the amount of

$1,100.00 to Eddie M. Bigelow for services rendered to acquire easements and

right-of-ways for Flat Branch Drainage prOject Phase III and Good Deeds

property, as recommended by the county Engineer.



vote With the following results:

Isupervisor BOBBY ELEUTERIUS voted




supervisor C. T. SWITZER, .JR. voted

AYE,

AYE,

AYE,

(ABSENT & EXCUSED>

AYE.



the Order adopted.


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80MINUTE BOOK

BOARD OF SUPERVISORS, HARRISON COUNTYJ MISSISSIPPIAPRIL 1997 TERM


Order:

ORDER APPROVING PROGRESS PAYMENT TO NECAISECONSTRUC1"ION COMPANY IN 'rHE AMOUNT OF $26,510.00FOR ADDITIONAL WORK PERFORMED ON CANAL ROAD/28thSTREET PROJECT, AS RECOMMENDED BY MORAN, SEYMOUR& ASSOCIATES AND THE COUNTY ENGINEER


MISSISSIPPI, that the Board does HEREBY APPROVE progress payment to

Necaise Construction company in the amount of $26,510.00 for additional

work performed on Canal Road/28th Street project, as recommended by

Moran, Seymour & Associates and the County Engineer, this money to be

reimbursed from excess funds to be released from the Federal Highway

Administration upon closeout of the project.



]

Jvote with the following results:






AYE,

AYE,

AYE,

(ABSENT & EXCUSED>

AYE.



the Order adopted.


* *

]


APRIL 1997 TERM


I Order:

ORDER AUTHORIZINC THE BOARD PRESIDENT TO EXECUTE ASUPPLEMENTAL ACREEMENT WITH TCB CONSTRUCTION CO.,INC. FOR THE PEDESTRIAM PATHWAY PROJECT, ASRECOMMENDED BY BROWN & MITCHELL, INC.

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISOI\l COUNTY,

MISSISSIPPI, that the Board does HEREBY AUTHORIZE the Board president to

execute a Supplemental Agreement with TCB Construction Co., Inc. for the

pedestriam pathway project, as recommended by Brown & Mitchell, Inc.,

same being as fOllOWS, to-wit:

I

81

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APRIL 1997 TERM

]

. Form CSD-720-C-1

SUPPLEMENTAL AGREEMENT

Board of Supervisors, Harrison County, Mississippi

Sheet 1 of 2

WHEREAS, we, TCB CONSTRUCTION COMPANY, INC., Contractor and CUMBERLANDSURETY INSURANCE COMPANY. INC.. Surety, entered into a contract with BOARD OFSUPERVISORS OF HARRISON COUNTY, MISSISSIPPI, on the 4th day of December, 1995, forthe construction of a Pedestrian Pathway Along U.S. Hwy 90, Project No. STP-003-1 (71); and

WHEREAS, the boardwalk is designed to be flush with the seawall, and;

WHEREAS, a variation in the riser height on the top step exists between stations 695+00and 704+00, and;

WHEREAS, the boardwalk substructure design will require modification to construct theboardwalk flush with the seawall, and;

WHEREAS, the modification to this section of proposed boardwalk will require additionalcontract items;

WHEREAS, the contractor has agreed to furnish and install said additional items at thefollowing prices:

620-B-SA Requisite Work @ $6828.80 lump sum.(Steel Structure Modifications)

NOW, THEREFORE, it is mutually agreed that the contractor will furnish and install theestimated quantity of additional items required at the stated unit prices.

WHEREAS, the owner recognizes that additional work days are required to manufactureand install the improvements in this supplemental agreement;

NOW, THEREFORE, seventy (70) working days shall be added to the contract time for theproject. .

IThis Supplemental Agreement in no way modifies or changes the original contract of which itbecomes a part, except as specifically stated herein.

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APRIL 1997 TERM

DETAILED ANALYSIS OF UNIT PRICES:

Additional materials required:

83

I

5/8 Threaded rods (16")320 @ 1.85 each

5/8 Nuts and washers640 @ 0.18 each

3/4 Bolts (8")128 @ 1.00 each

3/4 Nuts and washers.122 @ 0.20 each

Shimming Material64 @ 28.10 each

Additional labor required:

Cutting, drilling and leveling shims

1.5 hours labor per structure64 structures @ 11.70 hour

1.5 hours Iron worker per structure64 structures @ 23.40 hour

Additional Equipment Time required:

Air Compressor and Hammer1 week @ 200.00 week

Petibone Crane1 week @ 600.00 week

=

=

$ 592.00

$ 115.20

$ 128.00

$ 25.60

$1,798.40

$1,123.20

$2,246.40

$ 200.00

$ 600.00

$6,828.80

AllowedContract Est. to date Unit

UnitPrice Amount

620-B-SA Requisite Work 1(Steel Structure Modification)

o LS 6,828.80 o

ITCB Construction compan~ •

By: ~~ '&), "/I.?-.< .•..f, t:-Carol Mag7resident

CTB:kil:1809\supplemental agreemen12

84MINUTE BOOK


supervisor C.T. SWITZER, .IR. seconded the motion to adopt the above

and foregoing Order, whereupon the president put the question to a vote ]







AYE,

AYE,

AYE,

(ABSENT & EXCUSED>

AYE.



the Order adopted.


* * * ]

]


APRIL 1997 TERM


I Order:

85

ORDER APPROVING PAYMENT OF APPLICATION NO.2 {FINAL>IN THE AMOUNT OF $18,190.00 TO TONY PARNELLCONSTRUCTION CO., INC. FOR WORK PERFORMED ON THEADAMS BRIDGE BOAT LAUNCH FACII.ITY, AS RECOMMENDEDBY A. GARNER RUSSELL & ASSOC., INC., PROJECT ENGINEER


IVIISSISSIPPI, that the Board does HEREBY APPROVE payment of Application No.

2 (final) in the amount of $18,190.00 to Tony Parnell Construction Co., Inc. for

work performed on the Adams Bridge Boat Launch Facility, as recommended

by A. Garner Russell & ASSOC., Inc., project Engineer.




:1 Supervisor BOBBY ELEUTERIUS voted





AYE,

AYE,

AYE,

(ABSENT & EXCUSEDl

AYE.



the Order adopted.


I* * *

86MINUTE BOOK



Order:

ORDER APPROVING PAYMENT OF GARNER RUSSELL &ASSOCIATES, INC. INVOICE #5315 IN THE AMOUNT OF$2,020.48 FOR PROFESSIONAL SERVICES RENDERED ON THEDELISLE BOAT LAUNCH FACII.lTY


MISSISSIPPI, that the Board does HEREBY APPROVE payment of Garner Russell

& Associates, Inc. Invoice #5315 in the amount of $2,020.48 for prOfessional

services rendered on the Delisle Boat Launch Facility.


above and foregoing order, whereupon the President put the question to a


]






AYE,

AYE,

AYE,

(ABSENT & EXCUSED)

AYE.

]



the Order adopted.


* *

]


APRIL 1997 TERM


I Order:

ORDER ADJUDICATINC OVERTIME IN THE ROAD DEPARTMENTFOR THE PERIOD OF FEBRUARY 15,1997 THROUCH MARCH31,1997 AS PER LIST ON FILE WITH THE CLERK OF THEBOARD


87

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I

MISSISSIPPI, that the Board does HEREBY ADJUDICATE overtime in the Road

Department for the period of March 1, 1997 through March 31, 1997 as per list

on file with the Clerk of the Board, same being as follows:

FEBRUARY 15,1997: Bobby Touchstone, 3 hours.

MARCH 1,1997: Jeff Howell, 3·1/2 hours; wesley watts, 3-1/2 hours; ClydeFavre, Jr., 3-1/2 hours; Kenneth Allen, 6 hours; Kevin Romero, 8 hours.

MARCH 2, 1997: Kenneth Allen, 14 hours.

MARCH 3, 1997: wayne parker, 2 hours.

MARCH 6, 1997: Jerry Allen,1 hour; Jeff Howell, 1 hour; Ronald Holliman,1 hour; Edward Holliman, 1 hour; Wesley watts, 1 hour; Eugene Holliman,1 hour.

MARCH 7, 1997: Kenneth Allen, 12 hours; Brian Hurst, 4 hours.

MARCH 8, 1997: Ronnie Cuevas, 2 hours; Larry Bond, 2 hours; KennethAllen, 9 hours; Margaret Johnson, 8 hours.

MARCH 10, 1997: Ronnie Cuevas, 2 hours; Larry Bond, 2 hours.

MARCH 11, 1997: Danny Wenerski, 2-1/2 hours; KeVin Romero, 3 hours.

MARCH 12, 1997: J.R. Rivers, 2 hours.

MARCH 13, 1997: Buddy Lacy, 5 hours; Ronnie Seal, 5 hours; Tim Bradley,8 hours; Mike Wilson, 8 hours; James peterman, 7 hours; Larry Olier, 7 hours;Daryl Young, 7 hours; Jervis peterson, 7 hours; Pat peterman, 5 hours; KeithMelton, 15.5 hours; Ernie Melton, 15.5 hours; Allen Lizana, 3 hours; SandraMiller, 5 hours; Cheryl Ladner, 5 hours; Danny wenerski, 2-1/2 hours; JerryAllen, 1 hour; Ozie Fairley, 1 hour; Edward Holliman, 1 hour; Wesley Watts,1 hour; wayne parker, 3 hours; Kevin Romero, 5 hours; Joshua Forman,5 hours.

MARCH 14, 1997: Kenneth Allen, 6 hours; J.R. Rivers, 1 hour; MargaretJOhnson, 8 hours.

MARCH 15, 1997: Kenneth Allen, 8 hours; J.R. Rivers, 5 hours; MargaretJohnson, 8 hours.

88MINUTE BOOK


MARCH 16, 1997: Kenneth Allen, 4 hours; Velma Fredericks, 8 hours.

MARCH 17, 1997: J.R. Rivers, 1.5 hours.

MARCH 18, 1997: Kevin Romero, 3 hours.

MARCH 20, 1997: Kenneth Allen, 5-1/2 hours.

MARCH 21, 1997: Kenneth Allen, 6-1/2 hours; wesley watts, 3 hours;J. R. Rivers, 1.5 hours.

MARCH 22, 1997: Kenneth Allen, 9 hours; Don Williams, 8 hours; GaryLassabe, 8 hours; Ozie Fairley, 8 hours; J.R. Rivers, 8 hours.

MARCH 23, 1997: Kenneth Allen, 10 hours; Don Williams, 8 hours; MarionJones, 8 hours; Ozie Fairley, 8 hours; Jim Mills, 6 hours; John Touart, 6 hours;Kevin Romero, 6 hours; Bobby Touchstone, 5 hours; Leon GOugh, 5 hours.wayne Parker worked 5 hours overtime and requested comp time instead.

MARCH 24, 1997: Kevin Romero, 3 hours.

]

MARCH 25, 1997: Kenneth Allen, 3 hours; Jerry Allen, 3 hours; JeffHowell, 3 hours; Terry Young, 2 hours; Ozie FairleY,·2 hours; Roger Bailey,2 hours; Kevin Romero, 3 hours.

MARCH 26, 1997: Don Williams, 3 hours; Gary Lassabe, 3 hours; Ozie ]-',Fairley, 3 hours; Marion Jones, 3 hours; Kevin Romero, 3 hours; wayne parker,3 hours.

MARCH 27,1997: J. R. Rivers, 1.5 hours; Don Williams, 3 hours; MarionJones, 3 hours, Ozie Fairley, 3 hours; Gary Lassabe, 3 hours.

MARCH 28, 1997: Wesley watts, 3 hours; Kenneth Allen, 6 hours;J.R. Rivers, 1.5 hours.

MARCH 29, 1997: wesley watts, 3-1/2 hours; Kenneth Allen, 14 hours;Gary Lassabe, 8 hours; Don Williams, 8 hours; Marion Jones, 8 hours; OzieFairley, 8 hours.

MARCH 30, 1997: Kenneth Allen, 4 hours.


and foregoing Order, whereupon the President put the question to a vote

with the fOllowing reSUlts:




AYE,

AYE,

AYE,

]


APRIL 1997 TERM

89

ISupervisor ROBIN ALFRED MIDCALF voted


(ABSENT & EXCUSED)

AYE.



the Order adopted.


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90


APRIL 1997 "rERM


Order:

ORDER AUTHORIZING THE ADVER1'ISEMENT OF N01'ICE OFINVITATION TO BID FOR SEMI-ANNUAL AND ANNUAL TERMBIDS, GROUPS A THROUGH Z-2 FOR THE PERIODS BEGINNINGJULY 1,1997 AND ENDING DECEMBER 31, 1997 OR JUNE 30,1998.


MISSISSIPPI, that the Board does HEREBY AUTHORIZE the advertisement of

Notice of Invitation to Bid for Semi-Annual and Annual Term Bids, Groups A

through Z-2 for the periods beginning July 1,1997 and ending December 31,

1997 or June 30,1998.




]

]Supervisor BOBBY ELEUTERIUS voted



Supervisor ROBIN ALFRED IVIIDCALF voted


AYE,

AYE,

AYE,

(ABSENT & EXCUSED)

AYE.



the Order adopted.


* * * J

I

MINUTE BOOKBOARD OF SUPERVISORS. HARRISON COUNTY, MISSISSIPPI

APRIL 1997 TERM


ORDER APPROVINC TERMINATIONS, AS LISTED

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUI\lTY,

MISSISSIPPI, that the Board does HEREBY APPROVE terminatiions, as follows:

Erica Myers, Law Library, Law Library Aide, effective May 5,1997.

supervisor LARRY BENEFIELD seconded the motion to adopt the above

and foregoing order, whereupon the President put the question to a vote


91

The motion having received the affirmative vote from the majority ofI






AYE,

AYE,

AYE,

(ABSENT & EXCUSED)

AYE.

I


the Order adopted.


* *

92MINUTE BOOK



ORDER ACCEPTING RESIGNATION OF LISA HUDSON,CORONER'S OFFICE, SECRETARY, EFFECTIVE MARCH 21, 1997


MISSISSIPPI, that the Board does HEREBY ACCEPT the resignation of Lisa

Hudson, Coroner's Office, Secretary, effective March 21, 1997.




]







AYE,

AYE,

AYE,

(ABSENT & EXCUSED)

AYE. Jthe Supervisors present, the President then declared the motion carried and

the Order adopted.


* * *

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APRIL 1997 TERM


CONCUR WITH COUNTY ADMINISTRATOR ON EMPLOYMENTAND VARIOUS CHANGES AS LISTED


MISSISSIPPI, that the Board does HEREBY CONCUR with the County Admini-

strator on employment and various changes, as follows:

Ronald carswell, Engineering, title change from survey Instrument

Assistant to Assistant surveyor/Mapping Technician and salary increase

from $852.78 bi-monthly to $975.00 bi-monthly, effective 04/15/97 (money

available from Karen Adams pay slot ($17881.00/yr.l who moved into Sandra

Hayes's pay slotl.

Owen Hines, Engineering, title change from Registered Land Surveyor

93

to Registered Land Surveyor/CPS Equipment operator and salary increase

I from $1607.82 bi-monthly to $1665.00 bi-monthly (money available from

Karen Adams pay slot ($17881.00/yr.l who moved into Sandra Hayes's pay slotl.

Edwin ott, Engineering, title change from Engineering Technician to

Engineer Intern and salary increase from $1378.12 bi-monthly to $1450.00

bi-monthly, effective 04/15/97 (money available from Karen Adams pay slot

($17881.00/yr.l who moved into Sandra Hayes's pay slotl.

Melissa parker, Engineering, title change from secretary to Secretary/

Mapping Assistant and salary increase from $773.50 bi-monthly to $800.00

bi-monthly, effective 04/15/97 (money available from Karen Adams pay slot

($17881.00/yr.l who moved into Sandra Hayes's pay slotl.

Joseph spires, Engineering, title change from Drafter II to Drafter

III/Mapping Technician and salary increase from $940.57 bi-monthly to $1050.00

bi-monthly, effective 04/15/97 ( money available from Karen Adams pay slot

($17881.00/yr.l who moved into Sandra Hayes'S pay slotl.

94MINUTE BOOK


Melrose Henry, purchasing, Claims Examiner, regular full time at a rate

of $1310.00/mo., effective 4/1/97. Salay increase to $1375.50 monthly after 6

months (replacing Ronald "carey" Martel who was making $1499.40/mol.

Ronald walker, Tourism, Manager, Convention and Trade Shows, regular

full time at a rate of $2,143.14/mo., effective 4/1/97 (replacing Stacey Johnson

who was making $2,143.14/moJ.




]






AYE,

AYE,

AYE,

(ABSENT & EXCUSED)

AYE. JThe motion having received the affirmative vote from the majority of


the Order adopted.


* *

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95MINUTE BOOK


supervisor BOBBY ELEU'rERIUS moved adoption of the following Order:

ORDER CONCURRING WITH ROAD DEPARTMENT ONEMPLOYMENT AND VARIOUS CHANCES, AS LISTED


MISSISSIPPI, that the Board does HEREBY CONCUR with Road Department on

employment and various changes, as follows:

Charles Gill, sr., Road Department/D'Iberville Work Center, Equipment

operator II, going from temporary full time to regular full time, no change in

salary (replacing Rudy Brousard who is presently out on leave without pay

due to illness and whose salary is $798.79 bi-monthlYl, effective 04/01/97.

Darryll Reed, Road/Bridge Department, Bridge Tender, regular part time

at a rate of $5.68 per hour, effective 03/24/97 (replacing Zula Loper who was

making $5.41 per hourl.









AYE,

AYE,

AYE,

(ABSENT & EXCUSEDl

AYE.

I


the supervisors present, the president then declared the motion carried and

the Order adopted.


* * *

96


APRIL 1997 TERM

Sheriff Price reported that 762 persons are currently housed in the

Harrison county Jail facilities. ]* * *

The following items came on for discussion by the Board:

a) The need to apply a 10% retainer to all contracts until completion

and inspection of the job.

bl Report by the Road Manager that the Popps Ferry bridge repairs are

proceeding on schedule without interruption of vehicular traffic.

Cl MADD will be shopping on April 12, 1997 during the National Outlet

Shopping WeeK.

No Board action was taKen.

J* * *

The Board discussed setting meeting dates for April 1997. No action

was taken.

* * *

]

I


APRIL 1997 TERM


ORDER AMENDINC THE SHERIFF'S BUDCET, AS LISTED

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISOI\I COUI\ITY,

MISSISSIPPI, that the Board does HEREBY AMEND the Sheriffs Budget, as

follows:

1) payroll accounts for expenses incurred while guarding Roy

Broussard while he was a patient at Memorial Hospital from 3/18-3/21.

97

2) Account 001-139-475 in the amount of 58,080.86, due to expenses

C incurred for the extraditon of Adam Tumey, Lawrence Gillece, Warren Calvin

Mayberry, Richard Hermann, Alvin R. Dillard and Michael Willenborg.



Ivote with the fOllowing results:






AYE,

AYE,

AYE,

(ABSENT & EXCUSED)

AYE.

I



the Order adopted.


* *

98MINUTE BOOK


supervisor DAVID V. LAROSA, SR. moved adoption Of the following

Order:

ORDER APPROVING CONTRACT BY AND BETWEEN HARRISONCOUNTY AND ANDERSON CONSULTANTS, INC. FORDEVELOPMENT AND ENHANCEMENT OF THE "SHERIFF'SCUSTODY MODULE", A COMPU-rER APPLlCA1'ION PROGRAM,AT A COST NOT TO EXCEED $20,000.00, AND AUTHORIZINCTHE BOARD PRESIDENT TO EXECUTE SAME


MISSISSIPPI, that the Board does HEREBY APPROVE the contract by and

between Harrison County and Anderson ConsUltants, inC. for development

and enhancement of the "Sheriff's Custody Module," a computer application

program, at a cost not to exceed $20,000.00/ said computer program to

include the following:

1) Enhanced Tracking (offense charges/visitation, history of events and

movement/transport tracking),

2) Medical module to record medical info, appointments & history.

3) Billing module for billing other agencies for inmate hOUSing.

4) property modUle to record prisoner property received & released.

5) On-line docket book.

IT IS FURTHER ORDERED that the Board does HEREBY AUTHORIZE the

Board President to execute said contract, which is as follows, to-wit:

]

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APRIL 1997 TERM

Contract for Professional Services

This Agreement made ofthis the __day of • 19~ by and between AndersonConsultants, Inc., a Mississippi corporation, with offices at 611 11" Stree~ Pascagoula, MS, hereinafter referred to as"ACI" and Harrison County, Mississippi, hereinafter referred to as "Client" to assist Client in the development andenhancement of the "Sheriff's Custody Module", a computer application program.

1.0 Services

1.1 ScopeACI shall provide computer consultiog and programnting services specified in Ihe Work AssignmentSchedule"A", which is attacl>ed and made a part hereof.

99

I1.3

1.4

1.5

Site of ServicesAt the option of ACI, the services provided under this Agreement may be perfonned at the premises of U,eClien~ or at the offices of ACI.

Modification of ServicesIf Client wishes to change the services covered by this Agreement or wishes 10 obtain additional services notcovered by this Agreemen~ Client shall so advise ACI and shall submit specifications to ACI. After receiptof tI,e specifications, ACI shall provide Client wiU,a cost estimate for performing the changed or additionalservices. The parties shall Ulen negotiate in good faith and agree upon a charge for the services which shallotherwise be governed by the terms and conditions of this Agreement.

Cancellation of ServicesClient may at any time terminate the perfomtance of any portion of the services upon 15 days prior writtennotice to ACI slating its intention to terminate and specifying the work assigrtment to be tenninated and thedate upon which such termination shall be effective.

In the event ofsuch temtination, Chenl shall promptly pay for services rendered prior to the effective date oftcnnination.

I

2.0 Term

2.1 ScheduleAll tasks shall be compleled in a period not to exceed six (6) months from execution of this Agreement.

2.2 Termination ofAgreementThis Agreement may be tenninated witllOut cause by either party upon 15 days prior written notice to tl,eother party of its intentions to terminate, provided that terotination by ACI shall not become effective untilcompletion of any work assigrullent mutually agreed to by bOUl parties.

........

100MINUTE BOOK



J

3.0 Payment

3.1 Hourly RateIn consideration of Ule serviceS rendered by ACI to Client Wlder Utis Agreement, Client will pay to ACI a feeof $50 per hour. Tltis fee is based on ACI's current hourly rate. Tltis fee will remain WlChanged for the termof the Agreement.

3.2 EstimatesAny estimates made by ACI for the cost of services to Client shall be made in good faith, bUI shall in no eventconstitute a fixed price agreement between the parties.

3.3 OverrunsIn the event Clienl requests ACI to perform services beyond Ule number of hours specified in Ule workassignment schedule, and Gient pemtits sudl services to be perfonned, the perfonnance of such servicesshall be governed by Section 1.4.

3.4 InvoicingACI will invoice Client monUliy for services rendered during Ule preceding monthly period. Client will makepayment within 15 days after the date of the invoice. ACI will also provide witil its invoice a status report toClient describing services rendered during Ule invoicing period and time estimate remaining to complete tileprojects.

J4.0 Staff

4.1 Whose EmployeesACI's staff are not nor shall tiley be deemed to be at any time during tile term ofUlis Agreement theemployees of Client ACI will be solely responsible for payment of all compensation owed to ACI staffassigned to Clien~ including paymen~ if any, of employment related taxes and Workmen's CompensationInsurance.

4.3 Assignment and Removal ofStaffACI shall have tile sole right to designate wltich of its staff shall perform any of the services required Illllierthis Agreement In the event any assigned staff person fails to perform services in a satisfactory manner,Client shall have tile right to temtinate such staff person's services to Client with 10 days by written notice (0

ACt Upon receipt of such notice, ACI shall replace such staff person witltin 10 days.

Page 2 of5

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APRIL 1997 "rERM


5.0 Warranty

5.1 Warranty of PerformanceACI warrants that the services perfonned under this Agreement will be perfonued by qualified staff, subjectto the supervision and instructions imposed by Client, and tllat the services perfonn will be as specified underthis Agreement

5.2 Implied WarrantiesACI makes no otller warranties written, oral or implied, including witlloutlimitation any implied wanantiesof merchantability or fitness for a specific purpose.

101

I5.3 Correction of Services Under warranty

Any services pcrfonned by ACI which are determined by Client to be of less Ulan professional quality andwbich after investigation by ACI are acknowledged by ACI to be of less tllaII professional quahty shall becorrected by ACI wiUlout c1wge to Harrison County provided: (I) Client provides ACI with a written requestfor such investigation within two (2) weeks after Client knew or should have known of the less thanprofessional quality services; (2) such written request is made dwing the tenn of this Agreement or withintwo (2) weeks thereafter; and (3) Client provides Anderson with the use of its computer time to perfonn thecorrections.

6.0 Ownership of Work Product

All services rendered by ACI under this Agreement and the products or proceeds of such services including,but not limited to written materials manifested in programs, documentation, design, card decks, disks andtapes shall joinUy belong 10 Client and ACI and may be freely used by both parties withoul any accountingbetween them.

I

7.0

7.1

7.2

Liability and Default

LiabilityACI shall correct the perfonnance of its services for Client in accordance with section 5.3 and tltis shallconstitute its sale liability under tltis Agreement ACI shall in no event be responsible for loss of profit,goodwill or other special or consequential damages suflered by Cliern or others as a result of the perfonnanceof services by ACI under this Agreement, whether or not tile possibility of such danlages was disclosed toACI or could have been reasonably foreseen by ACl.

DefaultFailure of ACI or Client to comply with any tenn or condition under tltis Agreement shall entitle tile otherparty to give tile party in default written notice requiring it to make good such default. If the party in defaulthas not cured such default with 14 days after receipt of notice, tile notifying party shall be entitled, in additionto any oUler rights it may have under this Agreement or otherwise by law, 10 lerminale this Agreemenl bygiving notice 10 take effect inunedialely. The right of either party 10 terntinate hereunder shall not be affectedin any way by its waiver of or failure to take action with respect to any previous default.

PagcJ of5


APRIL 1997 TERM


]

8.0 General Provisions

8.1 Escape ClauseNeither party shall be responsible for delay or failure in perfonnance resulting from acts beyond the controlofsuch party. Such acts shall include but not be limited 10: an act of God; an act ofwar; riol; an epidemic.fire, flood or other disaster; an act of government; a strike or lockout.

8.2 Governing LawTItis Agreement shan be governed by and constmed in accordance with the laws of the state of Mississippi.

8.3

8.4

Invalidity of Single ProvisionIfany of the provisions of the Agreement are declared to be invalid, such provisions shall be severed fromUtis Agreemenl and the other provisions hereof shall remain in fult force and effect.

Non-waiverA term or condition of Utis Agreement can be waived only by written consent of both parties. Forbearance orindulgence by either party in any regard shaII not constitute a waiver of the term or condition to be performedand, until performance of the teml or condition is complete, the oilier party may invoke any remedy availableunder ilie Agreement or by law, despite such forbearance or indulgence.

]

8.5 CaptionsTiUe and paragraph headings contained in Utis Agreement are for convenient reference and do not constitutepart of Utis Agreement.

BOUI parties acknowledge to have read Utis Agreement, understand and agree to be bound by its temlS. ThisAgreement and attachments are the complete agreement regarding Ulese transactions and replace any prior oral orwritten communications between us.

Agreed to: Anderson Consultants, Inc.611 llth StreetPascagoula, MS 39567

By_----:=-.,......,,...--;_----:::--.,...,.- _Curtis Anderson, President

Agreed to: Harrison County Board of Supervisors1901 23'" AvenueGulfport, MS 39501

By_----:,-----.,...,.-----:::----:--=-=-_--,-__President, Board of Supervisors

Page 4 of5

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1.0

2.0

3.0


APRIL 1997 TERM

Conttaet for Professional Services

Schedule "A" - Work Assignment

Responsibilities of ACI

1.1 ACI shall provide computer consulting and programming services as needed to enhance the CustodyModule in the following areas:

Enhanced TrackingOffense Charges - Allow up to 99 offenses and ttack status and disposition, bond changesMovementrrranspon TrackingVisitation (Both Attorney and By Appointtnent)HistorylEvents including Credit Time Reporting

Medical Module to record medical information, appointments and historyBilling Module for billing other agencies for prisoner housingProperty Module to record prisoner property received and releasedOn-line Docket Book

1.2 ACI shall create a design specifications docwnent WiUl tile assistance of Client personnel for each areaof enhancement TI,ese specifications must be approved before programming will begin.

Responsibilities of Client2.1 Client shall provide access to all systems and data to efficienUy complete Ule task.2.2 Client shall provide assistance in creating design specifications for approval.

Estimated CostsACI estimates that it will take 400 hours to complete all of U,e enhancements. At tile current hourly rate of$50, the cost estimate is $20,000.

Page 5 of 5

104MINUTE BOOK



above and foregoing order, whereupon the President put the question to a Jvote with the following results:






AYE,

AYE,

AYE,

(ABSENT & EXCUSED)

AYE.



the Order adopted.


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APRIL 1997 TERM

105

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ORDER ACKNOWLEDGINC RECEIPT OF CARVELLE BROWN dbaACE BONDING COMPANY CHECK NO. 0805 IN THE AMOUNTOF $878.40 FOR EXTRADITION OF J.R. HOLDER, ANDAUTHORIZING THE CLERK OF THE BOARD TO DEPOSIT SAMEIN THE PROPER ACCOUNT


MISSISSIPPI, that the Board does HEREBY ACKNOWLEDGE receipt of Carvelle

Brown dba Ace Bonding Company Check No. 0805 in the amount of $878.40

for extradition of J.R. Halder, same being in the following form, words and

figures, to-wit:


APRIL 1997 "rERM

i

HARRISON COUNTY SHERIFF'S DEPARTMEl'I'. ,..

]

•~TO:

JOE PRICE, SheriffIlIlI·XI,5·JIlf>ll('()I-KI,5-Jll'I5

Ace Bonding Co.

Hand Delivered

Date: Sept. 17, 1996

\

On 9/12/96 , the Harrison County Sheriff'sDepartment extradited the above captioned defendantfrom Clayton County, GA

~""

.1RE: Extradition of Joseph R. Holder

Defendant

Dear Sir:

2402-96-0049Cause

(

J

Attached for your review is the Order for the return ofthe defendant and costs incurred. You are to remit tothe Sheriff's Department. $ 878.40 by 9/30/96

Please make the check payable to the Harrison CountySheriff's Department, Attn: Major Randy Cook. Thank youfor your prompt attention to this matter.

Sincerely

0805

ERC:,

Attal

cc:

CARVELLE BROWN 069SDBA ACE BONDING COMPANY . .;'110165::>'

MSOL 587-11-1581 PH 863~16 Q ~ 0 ,~ 9173S1 POINDEXTER ORIVE _ _ r \9 "_J 'PASS CHRISTIAN. MS 3957' - $ '-, 'i5 yo'

~:~~St~~~=·.H.;'....,',M••,..'.."-~~~

FOR OBO 51:0

UULrrvl\ t. l""'l:S~l~St?Pt39502

]

107MINUTE BOOK


IT IS FURTHER ORDERED that the Board does HEREBY AUTHORIZE the Clerk

I of the Board to deposit said check in the proper account.




Supervisor BOBBY ELEUTERIUS voted AYE,

supervisor LARRY BENEFIELD voted AYE,

Supervisor DAVID V. LAROSA, SR. voted AYE,



(ABSENT & EXCUSED)

AYE.

I



the Order adopted.


I

* * *

108MINUTE BOOK



Order:

ORDER AMENDINC BOARD ORDER ENTERED MARCH 3, 1997ACKNOWLEDCiINCi RECEIPT OF THE APPROVAL OF THE STATETAX COMMISSION FOR AD VALOREM TAXA'nON EXEMP"nONFOR "rRANSTEC, INC., TO REFLECT THE TEN (10) YEARSEXEMPTION TO BE FROM AND AFTER JANUARY 1, 1996,RATHER THAN DECEMBER 31,1996


MISSISSIPPI, that the Board does HEREBY AMEND the Board Order entered

March 3, 1997 aCknowledging receipt of the approval of the State Tax

Commission for Ad Valorem Taxation Exemption for Transtec, Inc., to reflect

the ten (1Ol years exemption to be from and after January 1,1996, rather

than December 31,1996.




]

JSupervisor BOBBY ELEUTERIUS voted





AYE,

AYE,

AYE,

(ABSENT & EXCUSED)

AYE.



the Order adopted.


* * * ]

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109


APRIL 1997 TERM

supervisor BOBBY ELEUTERIUS moved adoption of the fOllowing Order:

ORDER APPROVINC REDEMPTION FOR ERRONEOUS TAX SALE,AS LISTED


MISSISSIPPI, that the Board does HEREBY APPROVE redemption for erroneous

tax sale in the amount of $345.84 for parcel No. 0610M-05-004.000 (H.E. deleted

in error>.




supervisor BOBBY ELEUTERIUS voted AYE,

Supervisor LARRY BENEFIELD voted AYE,


I supervisor ROBIN ALFRED MIDCALF voted


(ABSENT & EXCUSEDl

AYE.



the Order adopted.


I

* * *

110


APRIL 1997 TERM


Order:

ORDER APPROVINC PAYMENT OF CLAIMS, AS LISTED


MISSISSIPPI, that the Board does HEREBY APPROVE payment of claims as

fOllowS:

1) In the matter of Long Beach Water Management District case:

a) Dukes, Dukes, Keating & Faneca, P.A. in the amount of $6,256.87

for services rendered.

b) Everette E. Ladner & Associates, Inc. Real Estate Appraiser &

Consultants in the amount of $870.00 for conference and court

appearance.

cl Cullifer & Associates Real Estate Appraisers in the amount Of

$750.00 for pretrial meeting and court appearance.

dl E. patrick Cassady & Associates, Inc., Land Surveyors in the amount

of $240.00 for preparation and standby for expert witness testimony.

el Stewart Sneed Hewes, Inc. in the amount Of $100.00 for a

Commissiors bond.

2) Dukes, Dukes, Keating & Faneca, P.A. in the amount of $4,892.97 for

services rendered in the following matters:

]

]

al $595.80 United states of America V. Harrison County, MS

bl $731.31 Lipschitz vs Price

cl $3,565.86 Gipson, et al. vs Chauvin, et al.

3) Pyle, Dreher, Mills & Dye, P.A. in the amount of $25,503.26 for

services rendered in the Biloxi Annexation Matter, as submitted by Joseph R. ]

Meadows.

111MINUTE BOOK



I above and foregoing Order, whereupon the President put the Question to a


Supervisor BOBBY ElEUTERIUS voted





AYE,

AYE,

AYE,

(ABSENT & EXCUSED)

AYE.



the Order adopted.


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* * *

112MINUTE BOOK



Order:

ORDER APPROVINC SUMMARY CHANCE ORDER (CHANCEORDER NO.3) IN THE AMOUNT OF $1,211.00 (NET DECREASEIN CONTRACT) SUBMITTED BY BROWN & MITCHELL FORCARTER & MULLINCS, INC. FOR THE PARKWOOD DRIVESOUTH DRAINACE IMPROVEMENT PROJECT


MISSISSIPPI, that the Board does HEREBY APPROVE Summary Change Order

(Change Order no. 3) in the amount of $1,211.00 (net decrease in contract)

submitted by Brown &Mitchell for Carter &Mullings, Inc. for the parkwood

Drive South Drainage Improvement project.



]







AYE,

AYE,

AYE,

(ABSENT & EXCUSED)

AYE.

J



the Order adopted.


* * *

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APRIL 1997 TERM

113


I Order:

ORDER APPROVINC PAYMENT OF CLAIMS, AS L1S"rED

ORDERED BY THE BOARD OF SU PERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY APPROVE payment of the fOllowing

claims:

1) E.C. Driver & Associates in the amount of $8,764.00 for Invoice NO.4,

engineering services rendered on Harrison County Water & Sewer Study.

for services rendered on the post design phase of the Popps Ferry Bridge

~ Rehab project, as submitted by Robert weaver, Asst. Road Mgr.

2) Coastal Marine Construction, Inc. in the amount of $244,741.60 for

Pay Application NO.2 for services rendered on the Popps Ferry Bridge Rehab

project, as submitted by Robert weaver, Asst. Road Mgr.

3) Moran, Seymour & ASSOC., Inc. in the amount of $20,000.00 for

I4) South Mississippi Business Machines, Inc. in the amount of

$11,072.00 for purchase of Sharp 2060 copier for the Miss. Coast Coliseum &

Convention center, as submitted by Bill Holmes, E.D.

5) Carter & Mullings, Inc. in the amount of $8,117.20, Application for

payment 1\10. 4 (final) for services rendered on the Parkwood Drive South

Drainage Improvements project, as submitted by Brown & Mitchell, project

Engineers.

6) Carter & Mullings, Inc. in the amount of $119,352.70, Application for

payment NO.8 for services rendered on the Flat Branch Drainage

IImprovement project, as submitted by Brown & Mitchell, project Engineers.

7) Brown &Mitchell, Inc. in the amount of $6,496.18 for professional

services rendered on the Flat Branch Drainage Improvement Project.

114MINUTE BOOK


8l Virgil G. Gillespie in the amount of $8,807.50 for services rendered in

the following matters:

al $8,245.00 for west Harrison water & sewer District

bl $562.50 for Riverline HillS Water & Sewer District

9l Meadows, Riley, Koenenn & Teel in the amount of $5,648.77 for

services rendered in the fOllowing matters:

al $1,200.00 for Good Deeds project

bl $4,448.77 for General County Business



vote with the fOllOwing resUlts:

]






AYE,

AYE,

AYE,

(ABSENT & EXCUSEDl

AYE.

]



the Order adopted.


* * *

]

115MINUTE BOOK



I Order:

ORDER APPROVINC CLAIMS FOR THE MONTH OF MARCH1997, AS PER STATUTE


MISSISSIPPI, that the Board does HEREBY APPROVE claims for the month of

March 1997, as per statute.





Supervisor LARRY BENEFIELD voted AYE,


I supervisor ROBIN ALFRED MIDCALF voted


(ABSENT & EXCUSED)

AYE.

I



the Order adopted.


* *

116MINUTE BOOK


Supervisor C.T. SWITZER, JR. moved adoption of the following order:

ORDER SPREADING ON THE MINUTES OF THE BOARD THEANNUAL CONSTABLE REPORT FILED BY PAUL JOHNSON WITHTHE SECRETARY OF STATE


MISSISSIPPI, that the Board does HEREBY SPREAD ON THE MINUTES of the Board

the Annual Constable Report filed by paul Johnson with the secretary of

state, same being as follows, to-wit:

]

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APRIL 1997 TERM

I

CONSTA3LE

117

COIJDIY, Mississippi Calendar y,.r~

55769 PO

Stalcm<:'nt of gross re.:eipu from ,1IlOUTCes Iccruifli as :omp~nsation to the office and disburxmcnu o.:currini IS neccs5.lry nptnsn in.. ohed sold)' in ,omrl~ing Il.ltil

laws io'..erning the office.

~ PART I KECElrTS" OmCE Qf CmiSTABLE

I AJlo'....~n,u from the h~lll.rd oJ( ~ure("o,ison r.:S.7-27)

! Milealc .lIr)wance r-~·7·27)

] Fees for criminAl and civil .:ases induding garnishments and .:oroner's inquest (2_'"_7"_2_7) --+_+-- +--__4 A.dd the amounts on lines 1 throu£h 3. THIS IS GROSS I~CO\1:E

PART II D1SBL"RSL\lE~'S" OFllCE OF CO~STABLE

I5 Bank Servi.:c Ch.rg~s 5 13 Tnvel 13 ?t;7t; nn6 Clr IOJ truck expense 6 1 C;R7R Ion 14 Meals &: cnLcruinmenl I' 600 007 Dcpre.:iation 7 1 C;C;OO Inn 15 Other Expenses (list) 15

8 Dules and puhlicltinns 8 16 DONATIONS 16 RS 100, lnsunnee 9 11 TAXES & LICENSE 11 Qt;O In10 Prores~ional fee' 10 550 00 18 ..~~ 18 nnO 100II DRite cl(pcnsc II .,,,nn In 19 ."" 19 t;7~ 10012 Supplies 12 615 00 20 20

21 Add amounts iD columns for lines 5 thl"OlJlh 20 for TOTAL OIS8URSf.\[£~"S 21 41588 00

" lin INCO~lE fOR OmCE OF CONSTAllLE (LII>"E 41= L1~"E 21) 22

"=='=.. 14181 00-"

I s.....ear thaI the above statement is true and accunr.te.

-jilJ-f...loC=<:.J.__Cc;;---rT.\,,::....:L--,-_/7-=~_-_- (Silnature)Conr.:J:::~

I

Sworn to and subscrib.e:d befon: me, thi. the~ day of AArt:b

~ 7/At:;"uu:b- (Sirmruce)

'. 'Nota.ry Public fJ· -~~" 4~~

:;qv ~;t-f7 ~. '/THIS FORM MUST BE NarAlUZED BY A NarARY PUBLIC OTHER THAN THE PERSON Fn.ING THE REPORT.

INSTRUCTIONS

lnclude in rART U • DISBURSE\{f.NTS only necessary lapeRSCS din:ctly rel.aled 10 the opcn.tion of the office. Do nol include your personal J.:r<:rred,;:ompensalionpaymenu, your pe['$()nal individual retirement account paymenu, your personal SUte retirement paymenu, your pe['S(lnal social ~curilylmcJi";3r<: rJ.' Ill<:nt'.

your personal expenses n:imburxd by the ~nt)', yoor pe~nal cha.rillble contribulioN or ,ifU, your pers.oo.al campai~n el::pens.es and your per:.on;:J! in~uran~; 1l~1l\~

not deductible as .I business expense for income UX purpose shall nol be included.

Page 1SAO Form 1/94

118MINUTE BOOK










AYE,

AYE,

AYE,

(ABSENT & EXCUSED)

AYE.



the Order adopted.


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J

119


APRIL 1997 TERM

ISupervisor BOBBY ELEUTERIUS moved adoption of the following Order:

ORDER AUTHORIZINC TRANSFER OF CERTAIN ASSETS AS PERI.IST ON FILE WITH CLERK OF THE BOARD


MISSISSIPPI, that the Board does HEREBY AUTHORIZE transfer of certain assets

per list on file with Clerk of the Board, same being as follows:

BOSAGENDAApri!?, 1997

ITEMS TO BE TRANSFERRED-ASSET DESCRIPTION FROM To8311 1981 Ford Truck Mosquito Control Parks & Recreation6470 Standard Radio Fire Services Sheriffs Department3412 Reoencv Radio Fire Services Sheriff s Department9172 Maxon Radio Fire Services Sheriff s Department4624 Regency Radio Fire Services Sheriffs Department9173 Maxon Radio Fire Services Sheriff s Department6466 Standard Radio Fire Services Sheriffs Deoartment6465 Standard Radio Fire Services Sheriffs Department6471 Standard Radio Fire Services Sheriffs Department9171 Maxon Radio Fire Services Sheriffs Department4501 Regency Radio Fire Services Sheriffs Department6019 Regency Radio Fire Services Sheriffs Department9174 Maxon Radio Fire Services Sheriffs Deoartment6468 Standard Radio Fire Services Sheriffs Department4436 Regency Radio Fire Services Sheriffs Department

*** Regency Radio Fire Services Sheriffs Department

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120


APRIL 1997 TERM









AYE,

AYE,

AYE,

(ABSENT & EXCUSED>

AYE.



the Order adopted.


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The matter of declaring certain assets junk was held over for action at a

later time.

* * *

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APRIL 1997 TERM

121

I


ORDER ADJUDICATINCi OVERTIME FOR OUTSIDE BUILDINCiAND CiROUNDS AND rHE TOURISM COMMISSION, PER LIST ONFILE WITH CLERK OF THE BOARD, AS I.ISTED


MISSISSIPPI, that the Board does HEREBY ADJUDICATE overtime for the OutsIde

Building and Grounds and the Tourism Commission, per list on file with Clerk

of the Board, as follows:

Brian Hurst, 23 hours; .10 Beth A. Elvin, 17.25 hours; Denise R. carver,

20.25 hours; Willma Harvey, 12.5 hours; Wanda S. Harvey, 12.75 hours; Crystal

E. Johnson, 21 hours; Janice Jones, 21.5 hours; Jerry Olague, 2.25 hours









AYE,

AYE,

AYE,

(ABSENT & EXCUSED)

AYE.



the Order adopted.


I * * *

122MINUTE BOOK



ORDER APPROVING AGREEMENT BETWEEN HARRISONCOUNTY AND THE MISSISSIPPI DEPARTMENT OF HUMANSERVICES FOR THE FOOD STAMP PROGRAM WORKFAREPROJECT AND AUTHORIZING THE BOARD PRESIDENT TOEXECUTE SAME


MISSISSIPPI, that the Board does HEREBY APPROVE the agreement between

Harrison county and the Mississippi Department of Human Services for the

Food stamp program Workfare Project, same being in the following form,

words and figures, to-Wit:

7

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123MINUTE BOOK

BOARD OF SUPERVISORS, HARRISON COU~TY, MISSISSIPPIAPRIL 1997 TERM

AGUEKENT BE7'WEENMISSISSIPPI 02PARTMENT or HUMAN SERVICES

.J.lmHARRISON COUNTY BOARD OF SUPERVISORS

I

THIS AGREEMENT is ~ade and entered by and between the Division ofEconomic Assistance, Mississippi Department of HUman Services,hereinat'ter referred to as "MDHS, n and Harrison County Board of Supervisor~

hereinafter referred to as "Workfare site Manager".

MDHS is an agency of the State of Mississippi charged with theresponsibility of operating and ad~inisterinq a food stamp program inMi5sis3ippi in accordance with the Food Stamp Act of 1977, as amended,and its implementing regulations.

MDHS, in conformity with its State Plan adopted pursuant to theFood stamp Act and its regulations, has implemented an employment andtraining program tor the purpose of assisting members of householdsparticipating in the food stamp program in gaining skills, training, orexperience that will increase their ability to obtain regulare~ployment.

In order to meet the above stated purpose, HORS, through its Foodstamp Workfare Program, requires certain nonexempt food stamprecipients to perform work in pUblic or private nonprofit agencies asa condition at eligibility to receive the coupon allot~ent to whichtheir household is normally entitled.

WorktarQ Site Manager i§ a (puplic Qr private non profit agency)which desires to participate in the Workfare Program by providing jobsites tor toad stamp recipients in coordination with MOHS.

NOw, THEREFORE, in consideration of the mutual interests andbenefits to be derived from this Agreement, the parties herato agree tothe following terms, provisions, and conditions, to wit:

ARTICLE I.

RESPONSIBILITY OF THE WORKFARE SITE MANAGER:

A. The Workfare site Manager agrees to:

Submit a monthly attendance report and performanceevaluation for each participant.

equipment and materialsparticipant(s) to per!orm

training,Workfare

Furnish allnecessary forassigned work.

Provide participant(s) with adequate supervision and asafe work environment.

1.

2.

J.I


APRIL 1997 TERM

4. Allow each participant the opportunity ~o apply forunsubsidized job" slots ~hould a position becoMeav,li lab Ie.

5. Not displace persons currently eMp1oye~"

]

6. Not to ~llow any participant to work More than(41i:l) hou,"s pel· week at ill1y tiNe, "'nr.J to hu1dharMless, and be strictly liable in the event offor all claiMS or consequences regarding anyparticipant allowed to work Mare than forty (40)per week under this agreeMent.

fOI-ty111>H5

haUl'!;

7. Not to allow the total hours worked by a particirantto exceed the average of thirty (30) hDurs per weekduring any given Month.

ARTICLE II.]

RESPONSIBILITY OF MDHS:

MDHS agl"eeS to:

1. Det~rMine eligibility for the Workfare PrograM andrefer participants for assignMent at job sites of theWorkfare Site Manager,

2. Assist worksites in schedUling work hours.

3. As appropriate, notify workfare participant~ of Whereand when the participants are to report, to who~

participants are to report, a brief description of theduties for a particular place~ent, the nUMber of hoursto be worked and the l~ngth of a9sign~ent.

4. To pay the adMinistrative C05tS of planning,iMple~entinq and operating the Workfare Progra~,

including those related to participant rei~burseMent

for transportation and other co~t& reasonablynecessary and directly related to participation in theprogra~, in accordance with applicable pQlici.~, rulesand regulations.

To ~onitor the job sites for COMpliance w,th th0requireMents of the Food StaMp Workfare PrograM.

]

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125MINUTE BOOK

BOARD OF SUPERVISORS, HARRISON COU~TY, MISSISSIPPIAPRIL 1997 TERM

ARTICLE II!.

PERIOD OF PERFORMANCE:

This a9r~eM~nt shall becoMe ~ffective upon its ~pprov~l by thEdUly authorized repr~sentative~ of the parties h.reto, and 5h~lJ

continue in full force and effect unless terMinated as provideahel"ein.

ARTICLE IV.

RELATIONSHIP OF PARTIES:

It is expressly understood and agreed that MDHB enters into thisAgreeMent with the Workfare Site Manager ~5 an independent contractorand that nothing herein contained is intended or should be construedin any Manner as cr~ating or establishing the relation~hip of copartners between the parties hereto or IS constituting thp WorkfareSite Manager as the agent, representative, or eMployee of MDHS.

ARTICLE 1/.

TERMINATION FOR CAUSE:

If, through any c~use, Workfare Site Man.ger shall f~il tofulfill in a tirH?ly and pI"opel" Manl,el", as detendned by MOHS, it~

obligations under this AgreeMent, or if Workfare Site MQn~ger shallviol.te any of the covenants, agreeMents, or stipulations af thisAgre8Ment, MDHS shall ther~upon have the right to terMin~te th0AgreeMent by giving written notice to the Workfare Site Manager ofsuch terMination and specifying the effe~tive date thereof, at 1~a5t

five IS> days b~fore the effective date of such terMination.

ARTICLE III.

TERMINATION FOR CONVENIENCE OF MDHS;

MDHS May terMinate this AgreeMent at any tiMe by giving writtennotice to Workfare Site M~nager of such terMination and specifyingthe effective date then"of, at least thirty (3~1) days befor'e theeffective date of such terMination.

ART!CLE VII •

OWNERSHIP OF DOCUMEIHS AND WORK PRODUCTS'

All data, docurlents, notes~ progl·~~lS, data bases (.~nd <l11 appJ 1,

cd'tions thereof>, file$, \"eports, studies and/o'" othel" .,atcc'"ial col,"lect~d or pr~pared by Workfare Site M~nag~r, whIch are requlrerl to b~

Mdint.ined under this AgreeMent or are pertinent ~o thiS AgreeMent.~haJ.l be thl? pr'ope\"ty of MDHS upon COI',pletiol1 of j'hi.'" tlUI'P<·'"""l1'· ' ..

3


APRIL 1997 TERM

upon terMination of this Agree~ent. MDHS hereby reserve~ all rightsto the data b~.~ dnd all application thereof and to any and allinfarM~tion ~nd/or Materials pertinent to this Agree~ent.

ARTICLE VIII.

RECORD RETENTION AND ACCESS TO RECORDS~

Workfare Site Manager .hall M~intain, and shall Make availableto MDHS. any state agency authorized to audit MDHS, the fed~ral

grantor agency. the COMptroller General of the United States or anyof their duly authorized representatives, financial records,supporting dCcUMDnts, statistical records and all other rN~ords

pertinent to the services perforMed under thi$ AgreeMent. Theserecords shall be Maintained for at least three (31 years; howqver, ifany litigation or other legal action, by or on behalf of the State orreder~l GovernMent h~s begun that is not COMplet~d ~t the end of thethree (3) year period, or if audit findi~gs. litigation or cth~r

legal dction has not been resolved at the enrl of the three (31 yearperiod, the records shall be retained until resolution.

ARTICLE IX.

MODIFICATION OF AMENDMENT;

Modifications, changes or aMendMents to this AgreeMent May beMade upon ~utual ~greeMent of th~ parties hereto. However, anychange, supplerlent. r\odificatiol"l 01" arll~ndMent of "ny terrI, provisionor condition of this AgreeMent Must be in writing and ~ign.d by bothp<~rtil?s he,-eto.

ARTICLE x.

ASSIGNMENT;

Workfare Site Manag~r shall not assign or otherwise transfer theobligations incurred on its part pur.uant to the terMS of thisAgreeMent without the prior written cons~nt of MDHS. Any att~Mpted

assignMent or transfer of its obligation without Duch consent ~halltJ(~ wholly void,

ARTICLE XI.

WAIVEr~:

Failure of either party hereto to insist upon strict COMPliancewith any of the terMS, covenants ~nd conditions h~reof ~~al1 nnt h~

dee~ed a waiver or relinquishMent of any siMilar right or rowe'her'O!under' d·t any 5ub,.;",quent t'irle 0'" af any ot:hf?\' provi.s i.on hE~'->'nf" 11<1'"

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MINUTE BOOK 127BOARD OF SUPERVISORS, HARRISON COU~TY, MISSISSIPPI

APRIL 1997 TERM

shall it be construed to be a Modification of the terMS of thAgr' ee~lent.

ARTICLE XII.

AVAILABILITY OF FUNDS:

It is expre5s1y understood that th~ fulfillMent of the conditio'of this AgreeMent by MDHS is conditioned upon the receipt of f.deriand state funds, and any cessation or reduct jon in fedaral and/e<;;tate funds shall, at the option of MOHS, c:onsi::itute gl"llL\Tlds fa 1" tlvoidance of this AgreeMent.

ARTICLE XIII.

I NDEMIHF I CATION:

Workf~re Site M~nager agrees to indeMnify, def~nd, save and ho'harrtlesm MDHS f'-Ql'l ,-Ind against <lll c1.ai~,s, del"l<lnds, liatJ:i,liti .. •SLlits, cl,Hlages anrJ costs of every Idnd and l,atur'e whatStJeVelincluding court ~osts ~nd attorney's fees, ~rising out of or c~u••d tWorkfare. its agents or eMployees in the perforMance of thiAgree~,ent.

ARTICLE XIV.

GOVERNING LAW AND LEGAL REMEDIES:

This AgreeMent shall b~ construed ~nd gcvern~d in ~ccorrlance witthe laws of the Stat~ of Mississippi. Workfare Site Man~g~r express]agrees th.t under no cirCUMstances shAll MDHS be cbli9at~d to pay B

attorney's fee or the cost of legal action to Workfare Site Manager.

ARTICLE XV.

SEVERABILITY:

If any terM or provisionlaws of the State Mississippiof COMpetent jurisdiction, thebe ~ffected thereby and e<lchshall be valid and enforceable

of this AgreeMent is prohibited by thar declared invalid or void by. ~Qur

reMainder of this Agre~Ment 5hall neterM and provision of this Agre@Mento the fullest extent perMitted by la~

IARTICLE XVI.

DISF'UTES:

Any d i sp u te cone: er n i ng a quest i on Dt fa c't u \1cj Pl- th:l ~'j Ag ,- eGrlelytwhich is not dispo« ..d of by agreer,en't shall b~ 'Jer:.ldecl :,y I'-~",.' f,:x,"cutiDirector of MDHS or such person ~s the ExecutivR Dir~~tor Mny ~elpc~,


APRIL 1997 TERM

JThis decision shall be reduced towritinq and a copy thereof Mailed 01

furnished to the Workfare Site M~nager ~nd uh~ll b~ final an,conclusive, unl~5s within ten (10) days frOM thp date of the decision.Workfare Bite Manager Mails or furnishes to the Executive Directorwritten request for review. The Workfare Site Manager shall blafforded ~n opportunity to be h~ard and to offer evidence in ~upport 0'

its position on question and decision under review" The decision 0-

the Executive Director on the review shall be fina\ and ~onclu5ivc

unless deterMined by a court of C~Mpetent jurisdiction in Hind5 County,St"lte of Mississippi. to have been fraLldLllt:ll1t, caprici.olH;. or Be

grossly erroneous as necessarily to iMply bad faith. or not supportscby substantial evidence. Pending final decision of a Mi.put~

hereunde,", Workfare Site Hal'lClgt?l" shall pl-acE'ed diligently with th~ . "'\perforMance of the AgreeMent and in accordance with the decision af thE ~Executive Director or her designee.

ARTICLE XVII.

COMPLIANCE WITH LAWS. RULES AND REGULATIONS:

Workfare Site Manager shall COMply with all applicable laws,relJulations, poU.c:ie~i and procedu.res of the Unitl;!d St.ates of Arll:l"ic;a or ].....any agency thereof. the state of Missjssippi or any agency thereof ancany loc~l governMents or political SUbdivisions that May affect thEperforMance of services under this AgreeMent. Sp~cificaIJy, but notliMited to by w.y of inclusion. Workfare Site Manager shall COMply withthe Food StaMp Act of 1977, as aMended, and its iMPleMentinQregulations. Title VI of the Civil Rights Act of 1964, as ~Mended (P.L"94-135). Section 504 of the Rehabilitation Act of 1973, as aMended an0all requireMent. that no person or party .hall be di5crt~inDted ~gainst

in the perforM~nce of this AgreeMent on the basis of r~ce, creed,CClIOl", sex, age. n.,t":i.onal or"igin or disClbil:Lt'y.

ARTICLE XVIII.

ENTIRE AGREEMENT:

This AgreeMent constitutes the entire agreeMent of the partieswith respect to the subject Matter contained herein Ind supersedeB androplaces any and all prior negotiations, underutandings and .gree~ents.

written or oral. between the parties relating thereto.

ARTICLE XIX.

NOTICE::

Any notice required or perMitted to be given under this AgreeMentshall be in writing and sent by United States Mail. Return RecetptRequested, to the party to WhOM the notice should be 9jven at the

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MINUTE BOOK 129BOARD OF SUPERVISORS, HARRISON COU~TY, MISSISSIPPI

APRIL 1997 TERM

address set forth below:

MDHS:

WORK SITEMANAGE:R:

TorI C01"COranPost Office Box 352Jackson, Mississippi 39205

I(

I

IN WITNESS WHEREOF, this Agr~eMent h~& be~n Made andinterchangeably ex~cuted by the parties hereto in duplicate oriQinals"

Witness My sj.gnatlll"e this, the day of __... .. , 199

MISSISSIPPI DEPARTMENT OF HUMAN SERVICES

BY: _

TOM Corcoran, DirectorDivision of Food StaMp EMployMent 6 Training

WITNCSses:

Witneoss My si.gna"tLI,·e thi.s, the day of __ .... _..._... • 199

WITHESSES:

------------------------_._-----------

--------------_._---------------------

7

130MINUTE BOOK



Board President to execute said contract.



vote with the fOllowing resUlts:

J






AYE,

AYE,

AYE,

(ABSENT & EXCUSED)

AYE.



the Order adopted.


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I Order:

ORDER AUTHORIZINC ADVERTISEMENT FOR PURCHASE ORLEASE PURCHASE OF EQUIPMENT FOR THE SAND BEACHDEPARTMENT

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISOIIJ COUNTY,

MISSISSIPPI, that the Board does HEREBY AUTHORIZE advertisement for

purchase or lease purchase of equipment for the Sand Beach Department.




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AYE,

AYE,

AYE,

(ABSENT & EXCUSED)

AYE.



the Order adopted.


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132MINUTE BOOK



ORDER AUTHORIZING PAYMENT OF PAUPER'S BURIALEXPENSES, AS LISTED


MISSISSIPPI, that the Board does HEREBY AUTHORIZE payment of $500.00

pauper's burial expenses for each of the following, the pauper's oaths and

copy of death certificates being on file with the Clerk of the Board:

1) Riemann Funeral Home for burial of Johnathon Lee Boyd.

2) Lockett's Mortuary for burial of Louise Russell.



vote with the following resUlts:

]






AYE,

AYE,

AYE,

(ABSENT & EXCUSED)

AYE.

]

The motion having received the affirmative vote from the majority Of


the Order adopted.


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APRIL 1997 TERM


I Order:

ORDER AUTHORIZING THE SAND BEACH DEPARTMENT TOHIRE TWO (2) TEMPORARY EMPLOYEES (EQUIPMENTOPERATOR I CATEGORY) TO WORK 16 HOURS PER WEEKFROM APRIL THROUGH SEPTEMBER TO ASSIST WITH HEAVYWORKLOAD DURING THE SUMMER MONTHS

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COllNTY,

MISSISSIPPI, that the Board does HEREBY AUTHORIZE the Sand Beach Depart-

ment to hire two temporary employees (Equipment Operator I category) to

~ work 16 hours per week from April through September to assist with heavy

workload during summer months.



Ivote with the following results:






AYE,

AYE,

AYE,

(ABSENT & EXCUSEDl

AYE.

I



the Order adopted.


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134MINUTE BOOK



ORDER RESCINDING ORDER ADOPTED ON FEBRUARY 10,1997 FOR "ON THE JOB TRAINING AGREEMENT" WITH CRAMANAGED CARE, INC. FOR REX HESLER

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISOI\l COUNTY,

MISSISSIPPI, that the Board does HEREBY RESCIND the Order adopted on

February 10,1997 for "On the Job Training Agreement" with CRA Managed

care, Inc. for Rex Hesler.



]







AYE

AYE

AYE

(ABSENT & EXCUSED)

AYE

]



the Order adopted.

THIS, the 7th day Of April 1997.

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APRIL 1997 TERM


ORDER APPROVINO PAYMENT OF ACCIDENT CLAIMS, AS LISTED


MISSISSIPPI, that the Board does HEREBY APPROVE payment of the following

accident claims, to-Wit:

1) Associated Adjusters in the amount of 5120.25 for services

rendered in claim of Thomas E. Wheeler.

2) Angela Necaise in the amount of 5237.78, as recommended by

Safety Officer - District 2.





Supervisor LARRY BEI\JEFIELD voted




AYE

AYE

AYE

(ABSENT & EXCUSED)

AYE



the Order adopted.


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136MINUTE BOOK



Order:

ORDER CONSIDERING FOR FIRST READING AMENDED SIGNAGEORDINANCE


MISSISSIPPI, that the Board does HEREBY CONSIDER for first reading the

amended signage Ordinance, which is as follows, to-wit:

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137 IMINUTE BOOK


Supervisor

adoption of the following Ordinance:

moved the

I

AN ORDINANCE OF THE HARRISON COUNTY BOARD OF SUPERVISORSREGULATING THE LOCATION OF OFF-PREMISES OUTDOORADVERTISING SIGNS ALONG HIGHWAYS AND ROADWAYS OUTSIDEMUNICIPALITIES, AND WITHIN HARRISON COUNTY, AND FORRELATED PURPOSES.

WHEREAS, due to the growth in Harrison County during recent

years, there has been an increased demand for location of off-

premise outdoor advertising signs, including billboards, along the

highways and roadways of Harrison County, lying outside of

municipalities; and

WHEREAS, the Harri son County Board of Supervisors (" the

Board") has determined that the best interest of the Citizens of

Harrison County would be served if the placement and construction

of such off-premise outdoor advertising signs, including

billboards, ("the signs") were regulated and, among other things,

be spaced at least 1500 feet from any other such sign on the same

side of the highway and/or roadway; and

WHEREAS, the appropriate agency to regulate placement of such

signs, including the development and issuance of appropriate

permits, would be the Harrison County Code Administration Office

("the Code Administration"); and

WHEREAS, the Board further finds that it would be appropriate

to provide for a procedure to appeal the granting or denial of the

application for the placement and construction of a sign. Such

Iappeal would be to the Board, which would determine whether or not

the Code Administration's action in granting or denying the

application was reasonable; determine whether or not a variance

138MINUTE BOOK


]should be granted in the spacing requirements; or any other relief

with regard to this Ordinance and the construction and placement of

such signs; and

WHEREAS, provisions should also be made for the regulation of

signs, which are in place at the time of the adoption of this

ordinance.

NOW THEREFORE BE IT ORDAINED BY THE BOARD OF SUPERVISORS

OF HARRISON COUNTY, MISSISSIPPI, AS FOLLOWS:

SECTION I. Any person or corporation desiring to locate an

off-premise outdoor advertising sign, including'billboards, ("the

sign") on any highway and/or roadway in' Harrison County, located

outside the corporate limits of any municipality, shall make

application at the Harrison County Code Administration Office ("the

Code Administration") on application forms provided by this office.

SECTION II. The Code Administration shall prepare application

forms, which shall comply with the provisions of this Ordinance,

and such other information as the Code Administration deems

appropriate, to secure relevant information from the applicant.

SECTION III. The applicant shall submit a set of plans for

the proposed sign, stamped and signed by an engineer registered in

]

the State of Mississippi. Additionally, the application shall

include a drawing showing the location of the proposed sign.

SECTION IV. The registered engineer, upon signing off on the

proposed sign, shall certify that the sign meets the 100 mph wind

load, as required by the Southern Building Code, Chapter 23.

SECTION V. The applicant shall provide the Code Administration

with a copy of the deed, lease or tax receipt, sufficient to show J

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13:3MINUTE BOOK


the description of the property upon which the proposed sign is to

be located or upon which maintenance is to be performed.

SECTION VI. Applicant shall provide such information, as the

Code Administration may require, to show the total contract price

for installation of the sign.

SECTION VII. No permit for such signs shall be issued unless

there is at least fifteen hundred (1500) feet spacing from any

other such sign on the same side of the highway and/or roadway,

with a distance being measured on a line parallel to the highway

and/or roadway toward which the sign is facing.

SECTION VII. Prior to final approval of the application, the

Code Administration shall determine from the Mississippi Department

of Transportation, ("MDOT") whether or not it has any objection to

the issuance of the permit. An objection by the MDOT, based upon

the fact that the issuance of the permit would be in violation of

Department rules and regulations, shall be sufficient to deny

issuance of the permit.

SECTION VIII. In the event the Code Administration shall

I

grant or deny, or otherwise limit the applicant's request for a

permit to erect a sign, other than an objection from the MOOT as

herein provided, or invokes the provisions of Section IX of this

Ordinance, the applicant, or any individual or entity owning land,

within fifteen hundred (1500) feet of the proposed location of the

sign, may appeal the ruling of the Code Administration to the

Board, within ten (10) days of the date of granting or denial, by

writing the President of the Board, identifying the application

which has been granted/denied and giving a brief statement of the

140MINUTE BOOK


Japplicant's or objector's position as to why it should or should

not have been denied. In the event of such an appeal, the Board

shall, within thirty (30) days after such notice, or as soon

thereafter as can reasonably be done, conduct a public hearing to

determine whether or not the granting or denial of the application

by the Code Administration was reasonable; to determine whether or

not a variance in the spacing of the sign should be granted; to

determine whether or not any other relief under of this Ordinance

should be granted or denied.

SECTION IX. In the event the Code Administration shall

determine a sign is in such a state of disrepair that it could pose

a threat to the health, safety and welfare of the Citizens of

Harrison County, in that event, the Code Administration shall give

the land owner and the sign owner, if different, notice by

certified mail, that in the event the sign is not brought into

compliance with this Ordinance, including the one-hundred (100) mph

wind load, as required by the Southern Building Code, Chapter 23,

within sixty (60) days from date of receipt of the notice, the Code

Administration shall remove the sign and the cost of removal shall

be assessed to the land owner and the sign owner, if different.

Once the sign has been removed, under the terms and condition of

this Section IX, the site shall then become subject to all

provisions of this Ordinance.

]

SECTION X. All signs currently in place shall be "grand

intention of the Board, and the purpose of this Ordinance, to

permit the continued use and maintenance of signs on the sites

fathered in" under the terms of this Ordinance. It is the

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141MINUTE BOOK


..... ---'-------------,-------------------,---------

where they are now in place, subject to future compliance with the

terms and conditions of this Ordinance. The land owner and/or sign

owner shall have the right to reconstruct, replace, or redesign the

signs now in place, provided such is done in full compliance with

the design and construction requirements of this Ordinance.

SECTION XI. Any sign, which is removed for any reason, or

which is destroyed by any event, or which is damaged to the extent

to become subject to Section IX of this Ordinance, if such sign is

not replaced within one hundred eighty (180) days from the

occurrence of such event, the site shall cease to be subject to the

provisions of Section X of this Ordinance and thereafter the site

must be in full compliance with all provisions of this Ordinance.

SECTION XII. This Ordinance shall be in full force and effect

from and after its final adoption.

Supervisor ___ seconded the motion to

I

adopt the above and foregoing Ordinance whereupon the President put

the question to a vote with the following results:

Supervisor BOBBY ELEUTERIUS voted,

Supervisor ROBIN ALFRED MIDCALF voted,

Supervisor DAVID V. LAROSA, SR. voted,

Supervisor LARRY BENEFIELD voted,

Supervisor C.T. SWITZER, JR. voted,

The majority of the members present having voted in the

affirmative, the President then declared the Motion carried and the

Ordinance adopted on this the day of , 1997.

142MINUTE BOOK



above and foregoing Order, whereupon the President put the question to a Jvote with the following results:


Supervisor LARRY BEf\IEFIELD voted




AYE

AYE

AYE

(ABSENT & EXCUSED)

AYE



the Order adopted.


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APRIL 1997 TERM


Order

ORDER APPROVINC THE EMPLOYMENT OF MEADOWS, RILEY,KOENENN & 'rEEL TO REPRESENT THE BOARD OF SUPERVISORSIN CIVIL ACTION NO. 86,868 STYLED CONNIE CUEVAS V. ARVISCUEVAS, HARRISON COUNTY, MISSISSIPPI, HARRISON COUNTYSCHOOL DISTRICT ET AL.


MISSISSIPPI, that the Board does HEREBY APPROVE the employment of

Meadows, Riley, Koenenn & Teel to represent the Board of Supervisors in Civil

Action No. 86,868 styled Connie Cuevas v. Arvis Cuevas, Harrison County,

MiSSissippi, Harrison County School District, et al.









AYE

AYE

AYE

(ABSENT & EXCUSEDl

AYE

I



the Order adopted.


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144


APRIL 1997 TERM


ORDER ACKNOWLEDGINC RECEIPT OF AND SPREADINC UPONTHE MINUTES OF THE BOARD THE ORDER TO VACATE APOR'nON OF PUBLIC STREET (FRONT STREET) ISSUED IN CAUSENO. 9602993

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISOI\J COUI\lTY,

MISSISSIPPI, that the Board does HEREBY ACKNOWLEDGE RECEIPT of and

spreading upon the Minutes of the Board the Order to vacate a portion of

public street (Front street) issued in Cause NO. 9602993, same being as follows,

to-wit:

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145MINUTE BOOK

BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPIAPRIL 1997 rERM

IN THE CHANCERY COURT OF HARRISON COUNTY, MISSISSIPPIFIRST JUDICIAL DISTRICT

I--it.,-:I~-_.'J (""-':;::-'j ;,..,'-'~"'\EARL LEE LARRIEU, JR. ~' ;:! i' ~J L·~i3 ;)~:.=Jl: '-\ '\STEPHANIE LARRIEU LOUIS SOT .r-t....:_.~._.,__._Jj II j

, , ,.J Lt IGWENDOLYN BUTLER SOTO! J iMl.R 25 1997L./and RAYMOND H. KIERR . -:--.~I .~.... ,_~ ~. ~._. COMPLAINANTS

VERSUS (;~~~CAUSE NO. 9602993

HARRISON COUNTY, A Political SubdivIsionof the State of Mississippi, et. al. DEFENDANTS

ORDER TO VACATE PORTION OF PUBLIC STREET

THIS MATTER is before the Court on Complaint of Petitioners, Earl Lee Larrieu,

Jr., Stephanie Larrieu, Louis Soto, Gwendolyn Butler Soto and Raymond H. Kierr seeking to

vacate a portion of publicly designated street known Front Street located in the First Judicial

District of Harrison County, Mississippi, and the Court being fully advised in the premises,

does hereby find as follows:

1.

On or about January, 1904, the plat of Henderson Point addition was prepared by

Leland J. Henderson, Surveyor and Drawsrnan, and was filed for record in the records and

plats of the First Judicial District of Harrison County, Mississippi, and recorded in Plat Book

4 at page 32 (now copy book 6 at page 476-C), a portion of said plat is attach~d hereto as

Exhibit "A",

II.

A portion of the plat of Henderson Point Addition was set aside and dedicated to

service as a public road known as Front Street (formerly Second Street).

III.

Complainants, Earl Lee Larrieu, Jr., Stephanie Larrieu, Lewis Soto, and Gwendolyn

146


APRIL 1997 TERM

Butler Soto are owners of certain real property lying and being situated in Harrison County,

First Judicial District, Mississippi, commonly known as Henderson Point Addition and

generally describes as Lot 1, Block 17, on the plat of Henderson Point Addition.

IV.

Complainant, Raymond H. Kierr, is the owner of certain real property lying and

being located in Harrison County, First Judicial District, Mississippi. commonly know as

Henderson Point Addition and generally described as Lot 6, Block 20 on the plat of

Henderson Point Addition.

V.

The Complainants are owners of property located directly in front of the portion of

Front Street (formerly Second Street). That portion of the aforesaid plat of Front Street

(formerly Second Street), is more particularly described as follows:

All that portion of land lying in front of Lot 6, Block 20, in lot 1, Block 17,Henderson Point Addition which had preViously been designated as a portionof Front Street (formerly Second Street) which runs North of 9th Streetmeandering to the shore line of the Bay of St. Louis. All according to theofficial map or plat of Henderson Point Addition on file and of record in theoffice of the Chancery Court of Harrison County, First Judicial District,Mississippi.

The portion of Front Street (formerly Second Street) which is the subject of the

Complaint is shown in red on Exhibit"A" which is attached hereto and incorporated herein

as though fully copied in words and figures.

VI.

The Complainants desire to vacate this portion of Front Street (formerly Second

Street) and to close it as a public road because it is not required for public purposes. has

never been used by the public and is not needed for ingress and egress to the property of

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147MINUTE BOOK


other persons. The Complainants further state that the vacation of that portion of Front

Street (formerly Second Street) will not result in the interruption of any traffic and will not

adversely affect the access of any person or hamper the movement of vehicular and/or

pedestrian traffic.

VII.

The Complainants filed their Complaint on November 20, 1996, naming as

Defendants, Harrison County, a political subdivision of the State of Mississippi and any and

all person having or claiming to have any right, title or interest in and to or who would be

adversely affected by the vacation of the portion of Front Street (formerly Second Street)

referred to herein.

VIII.

Harrison County was properly served by service upon Larry Benefield, President of

the Harrison County Board of Supervisors. Service by publication on any all other interested

persons was accomplished by service of process by publication in The Sun Herald, a local

newspaper. Said dates of publication were December la, 1996, December 17, 1996,

December 24, 1996 and December 31, 1996.

IX.

Upon receipt of service of process, the Harrison County Board of Supervisors did

review the Complaint and SUbsequently approved the vacation of that portion of Front Street

(formerly Second Street) referred to herein. No other interested persons or parties filed any

objection to the proposed vacation.

x.

Accordingly, this Court does order and adjUdge as follows:

I

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. APRIL 1997 TERM

1. Pursuant to §19-27-31 of the Miss. Code Annotated (1972) that portion of

Front Street (formerly Second Street) described as:

All that potion of land lying in front of Lot 6, Block 20 and Lot 1, Block 17,Henderson Point Addition which had previously been designated as a portionof Front Street (formerly Second Street) which runs North of 9th Streetmeandering to the shore line of the Bay of St. Louis. All according to themap or plat of Henderson Point Addition on file and of record of the office ofthe Chancery Court of Harrison County, First JUdicial District, Mississippi.

Shall be and is hereby vacated.

2. That the. vacation of this portion of Front Street (formerly Second Street) is

appropriate as it is not required for public purposes, has never been used by the public and is

not need for ingress and egress to the property of other persons. Further, the vacating of the

portion of Front Street (formerly Second Street) will not result in the interruption of any

traffic, will not adversely affect the access of any persons or hamper the movement of

vehicular and/or pedestrian traffic.

3. The vacation of said portion of Front Street (formerly Second Street) is subject

to any utility easements currently located thereof.

4. Upon being vacated, ownership and title to that portion of front Street

(formerly Second Street) shall and does hereby revert to the Complainants, Earl Lee Larrieu,

1r., Stephanie Larrieu, Louis Soto, GwtGdolyn Butler Soto and Raymond H. Kierr.

5. Said vacation shall become effective upon entry of this Orderr'-

SO ORDERED AND ADJUDGED this the ?5 day of~ , 1997

C=:~E~----

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APRIL 1997 TERM

149

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APRIL 1997 TERM

PROOF OF PIJBLICATION

J

day of

OtAftCERY COURT OF HARRI·SON 'OUNT'Y. MI!lSISSIPPI. FIRST JUOICIAL DISTRICTEA"I.l.EE LAA.AI£U. JIL:s;TEI'HAluE LARRIEU. LUIS5OTO .GWENDOLYN BUTLER SOfaand !lA'fMOHQ H. (IERAYI!R5~S COMPI,.AINAHT$

CAUSENO.~

HARRISON COUNTY. ,. POli1iC,1-of n. SLl~ of Miuiuiooi. rio 'I- DEFENDANTSStlMNlOHS AND SERVICE ay

~aI,.ICATlON TO 4L.L INTIi.,q·- EnED P£ASON5

TCI: MY Ilftd.ll Der100llS M.;n" 0''d,itnift91a h.I"" anl' ri'lll\t.llltfor

Iftlet"n'.iltthet leMl or NV;'oItllt. it!and tll 1M Iollowil\9l$n(flOl:<l oro»-

• ertY litwled';l'1 1M I=irsl JUClici.1OEstrid' of H.artltcltl County, MiuiJ,I"", OJ( wllo WOl.tl4!lo11 ~vervl~ ,,.'.etta lWTIIif ~K.llonol. POrtionOf.~to/ll SJ,..t {form.rl, ·s..con~

1tril'd"l dncribtd It fQl~ 10....,:AlilNl POrtblllf l,ncllTint in Ironl~tvt ..·810de :za...nd lol I. "00:11. H.-rson.PoU\, Addilion "'/'lienl-..d",,"iOU1I.,bHoftdHI9MIf'dU.POl'1IO'l et Franl Sir"' Itormtf1ySo:and $lrHII wIl,C/I runs north 019t1l Sff'NllnNl'CIl1'ill'l tD Il'Ie 11loI'.1l.tM of 8.1Y of SI. Louil. AII..,;OlOo"'" tIIltM offlci..1 tN. Dr 111111 ofHendInGn Po"" AdCi1io:ln Oft fi ..Mdorreall"OOl'"",MfiCtoll!le~.,.,.CounotH.rr'lSQl'\C_IY.Finl Jl.ISlClI Qislnct. MiiliulllI(I;.- P'bliIIllttL EIr1l,. un"'iell. Jr .•'Ieo".."i, l.rri,u. LuiS SOlO.Gw«IdDlm 8utl.r Solo ffld An·I'nDr'il H. Kim "It 0-.-, of c¥',..in lIl'OP'tf'1't' ly;nt.1Id 1»;"9 situ.,·I'd I" H..U'S"" Counl". FirstJlodfd,ll Qisrric;l. Miuiu.ll6i. com·!7*"YlCnowft.lSF:rOflrSlrN'Uot.iTwrty"SecOlt(lSlf~J.

1M Comollinl fillK on bIh.11 01'rntP'l,l;nli,"lfttl;stoviC,lft.C~·

ta.... DDrTioft of F:ronl srr~ IIiit'·mtrt1'"SecOndSlrHnitIIttPI.. inoI'ltbIl"1'0000000000sotCtI'!,I,"'1Il"0Pf'I'tl'Pf!VSiUll" l/Ic:'l~ Clinctly in tronllJI' f"f'l'llt SI,"' (tormtrlY "'SKOOll'~""":rJ wIllen t"" lftk ICI ••,.llt... TOlru,rl'OvirtCII10 nu'lorft.<'lCIIlot/;....,.~of••ro"en.ns..'"tit~IG""'"i"901'CI.....,,,,qUrcn,,·I""",ior'l il'lo~COtTlOI.i"" te J. Hen·rY los. PII,nlllt', .I1t~." wtll»e1ClMt1J Is Posl Office Dr._ b6C1.GoAfDort.Minis:lllPC/IltSQ7,q,w,Q.

'Your Amwer.rY!usr be m.,.t<I 01'haftcldeU'fertCIIl'IGt'.III'I'!IlIItI r",r",(]Ill c.vs .11". IfW! 101ft d• ., 01 Deamt.o'.'.... ,.fliC1l,s :IttCI.t.01tM Hn' oulllic.hOfl 01 mli 5.JtI'Imona. If YCIUI' Ans_ " 1'101 sonw;!Ii3arCleh..'reo..IUCl.m"" .....alirlolm.'oorl,onafF:ronl$lrl!'l!'l(twmtr1y 'S«ond SlrHr') molY titent,...ftl;t1 tit" C;IUst.'t~ "",st '11.0 lifl.n 01''9,''"1 0:

)lIIUf AlI'IS"1'f' ,.,11\ I~ '1«10. ot InlSCourl ..'""n 1 "uonIDI, run~

..ften"'''2J.I~UEo. UNDER MY HANO AHOSEAL. OF UIO COURT THIS Ih_S", MY 01 Q~em~. A.O.• l"i.

,II JaM MC),(I.mlJ(lH N~OAt..1. Ch,a"'I,.,. CI,,_O\.tnctrY CQlur'! al H.rrt1.Ol'\C~v,,"~ • ~ • P1n1 OHiCI 0"...", cC•• ~ • (;ultllQrl. M'J$'Uipcrllt)J'l

• 1~IIW·"'14

, .. A.o'IIIor Ie.. Ahl.."" D.C.l·I1...,....IIl.lT...


COUNTY OF HARRISON

Before me, the undersigned N~ry Public of Harrison County,

Mississippi, personally appeared b"fo. nom ({JJP-er Iwho. being by me fi~duly swom, did depose and say that she is a

clerk of --rh.e. ~M. Ikra.l cL----T'r-"'--------' a newspaper published in the

city of (]I J.1@r-t- .in Harrison County. Mississippi,

and that publication of the notice, a copy of which is hereto attached,

has been made in said paper if times in the following

Q. _numbers and on the following dates of such paper. viz: n<;d&11Paper tkmJdVOI.J.J.2..-No. ::ZLdatedJ.!J.-day of.frc..., 19~&Y1 paperfJiaJdvOI.1!2.-No.,.7Ldated~day of..Dx.., 19 q &-a;;;JPaperl:!:mMVol.&No.,~dated-.J.!f:day of..tk-,19~_~_aper~Vol.-L11...No.,~dated.l2Ldayof~. 19-.2..ie..

__Paper__Vol.__No.,__dated__dayof__.19__


__Paper__Vol.__No.,__dated__dayof~19__


established and published conti;1uously i;1 said county for a period of

more than twelve monthsne~tiO?lOf said notice.

~,tiUJ 1.iJ-.----'-"'----="':'''<''''::'.l<--''-=-:C::C-1e--'-r-'--k.o....:....:.......,,,-=

S~orn to and subscribed before me this 3I?!t~J ~h! , A.D.• 199'.£.

-J1u~<6buL~.rl~J.:.It:>::.,d/-1L..l7 N_o_t_ary_p_U_bl_iC _

Printer's Fee $,_I O.<.J(c..;....::,'8...J.,q _

Furnishing proof of publication $,__---Lr.:...:m>..A..L- _

TOTAL $,-----,-1"",,0=.'2..:.,>'291--_-

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APRIL 1997 TERM

I

rND E-..IRIJ<

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0 V:lIf)

,..; E-..If)

~(AS" BDLHDARIor LOI If-:::J

~039.6 Vl

0)

x-l..!..x-x(;)

rND CIlIRON

EAST 82.35'

ZONE VI3/EL=15.0'

LOT 2

LOT 1 _9,218 SF. i I!'! I~ I

Ia3 is ~ ~R~~R1(s ~ ~ I

I

5~ ON riLING I15' CONe. e-')a.. _

BlA.KHEAD I 30 a I

i~IB::'~~~_xA_x_x_x_x_x_'vIEST 1l7.35'

=

I LOT 6

I:--1-------I ~I 9T.I:!;EV~r,{;EET

StTIRON

~ I,

~~ ~. III

I

'JDOO) ~ 1 ~PIER ::::i Z

(;)'"-l

E-:V) I

P.O.B.

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PLAT R[PRESENTS A B[]lJ!'IIOARY SURVEYor PARCH DESCR\OED IN llARRISOHCl....tHy OCED J?ECORDS AT BOOK 1163,PAG( 390.

S~V[Y IS VALID [N..Y Jf PRINT HASORIGINAL R[ 0 SEAL AND SIGNAIl,IlE orSrnVEYOR.

PLAT BEARING

tJ£SCRIPTION,

A PARCEL (F LA~D BEING LOT J. BLK .17. AND 3D' STRIP LYlNG 8£TIJ[EN SAIDlOT I, AND LOT 6, BLX ~o. HE:HDERSON POINT ADD. HARRISDH CO.. HS. ANDADJAOENT J5' SIRIP or LAND LDEAIED EASI or 'AlO LOI i. AND BEING HaREHJLI Y OESERIBED AS rOLLO'JS,

I

B(GINNING AT THE SV COR~ER or LOT I, BU: 17, Il(NlIERSON POINT nOD.•HARRISON CO... HS, If£NC[ NORTH AlmJG EAST SHORELINE or ST. LOUIS BAY97,SO' TO A POINT, TIlEN(E [AST HZ.. • TO A POINT. TIltNC( soum 30.00' TOf\ P[]JNT. SAID POINT tiEING lH[ HE t<NER or SAID LOT l. THENC( (ASTJ5.00· 10 A POINT ON HE VEST HAR"IN [J' rRONT ~TI THENCE SlJJltl ALONGSAID rRONI SI. 51.50' TO A PatNT ON A rENEE LINE, TltENEE 'JESl ALONGrENcE LINE I17.J5' TO PHD, CONTAINiNG IN ALL 9.219 s,r. or LAND, HUREOR LESS.

SURVEY MAP OF LOT 1, BLK 17, AND 30' STRIPLYING BETI.'EEN SAID LOT L AND LOT 6, BLK 20,HENDERSON POINT ADD.. AND 35' PARCEL OFLAND SITUATED ON THE EAST SIDE OF LOT LBLK 17, HENDERSON POINT ADD., HARRISONCO., MS

Duke LevU. Jr.. RiS 11722

GENERAL NOTESI) This survey WDS prepared wilhoul lhe

benelil 01 a currenl Lille reporl.

2) Duilding offscls arc [or reference only

and nol lOT conslruction of any kind.

J) This suney meels Mississippi minimum

requiremenls lor a class -.lL- survey.

4) This properly is 10caLed in Y.l R.M.

Flood Zone i'lJJL.£L=14 'Vl3 EL=15'

PANEL R285255 0231 B

IIDuke Levy and Associales, P.A.H 1711 Waveland Avenue

Waveland, MS 39576

152


APRIL 1997 TERM



vote with the following resUlts:

Jsupervisor BOBBY ELEU- ':RIUS voted

supervisor LARRY BEI\lEFIELD voted




AYE

AYE

AYE

(ABSENT & EXCUSED)

AYE



the Order adopted.


J* * *

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•I

MINUTE BOOKBOARD OF SUPERVISORS, HARRISON COUNTY. MISSISSIPPI

APRIL 1997 TERM

Supervisor DAVID V. LAROSA, SR. moved adoption of the fOllowing

Order:

ORDER APPROVING AMENDED LEASE AGREEMENT BY ANDBETWEEN THE BOARD OF EDUCATION OF HARRISON COUNTYSCHOOL DISTRICT MISSISSIPPI AND TELTRONICCOMMUNICA'rIONS, INC. AND AUTHORIZING 'rHE PRESIDENTAND THE CLERK OF THE BOARD TO EXECUTE SAME


MISSISSIPPI, that the Board does HEREBY APPROVE the amended lease

153

• agreement by and between the Board of Education of Harrison county

School District Mississippi and Teltronic Communications, Inc., which is as

fOllows, to-wit:

I

I

154


APRIL 1997 TERM

AMENDED LEASE AGREEMENT

WHEREAS, the BOARD OF EDUCATION OF HARRISON COUNTY SCHOOL

DISTRICT MISSISSIPPI, as Lessor, and TELETRONIC COMMUNICATIONS

INC., as Lessee, entered into a lease agreement, dated June 13,

1988, for the lease of certain Sixteenth Section Land, located in

the First Judicial District of Harrison County, Mississippi;

WHEREAS, said Lease Agreement was filed in the Land Deed

Records of the Office of the Chancery Clerk of the First Judicial

District of Harrison County, Mississippi, in Book 1108 at Page

243; and

WHEREAS, the parties thereto desire to amend said Lease

Agreement;

NOW THEREFORE, the Lease Agreement is hereby amended as

follows:

1. The Lessee's name shall be changed from Teletronic

Communications, Inc. to the corporation's actual name of

Teltronic Communications, Inc.

2. Pursuant to Paragraph 5 of the aforesaid Lease

Agreement, the annual rent as set forth in Paragraph 4 of said

Lease Agreement shall be increased by Thirty-One and 68/100

Dollars ($31.68) 1 or to an annual rent of Three Thousand One

Hundred Ninety-Nine and 68/100 Dollars ($3,199.68):

3. During the term of the Lease Agreement, and any

extension thereof, Lessee shall be granted an easement over and

on the following described real property:

Commencing at the inters~ction of the Southline of the Southeast quarter of Section

]

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".5.;:.

155


APRIL 1997 TERM

16, Township 6 South, Range 11 West, andthe center line of existing Walter SmithRoad; thence East along said South line adistance of 30'; thence North a distance of120'; thence West a distance of 30'; thenceSouth a distance of 120' to the SouthSection 16th line and point of beginnir. '.

4. The parties hereto ratify and confirm the provisions

of said Lease Agreement as amended hereby,

IN WITNESS WHEREOF, this Amended Lease Agreement is

executed by Lessor pursuant to order entered upon its Minutes

and is executed by Lessee this _.::.6t.::;h:.:....-__ , day of January, 1997.

BOARD OF EDUCATION OF HARRISONCOUNTY SCHOOL DISTRICT

I By:

By:

f~~Its President

LESSOR

I

APPROVED:

BOARD OF SUPERVISORSHARRISON COUNTY, MISSISSIPPI

Attest:Clerk

By:Its President

LESSEE

156


APRIL 1997 TERM


President and the Clerk of the Board to execute said amended lease

agreement.



vote \'lith the following reSUlts:

J




Supervisor ROBIN ALFRED IVIIDCALF voted


AYE

AYE

AYE

(ABSENT & EXCUSED)

AYE


the supervisors present, the president then declared the motion carried and ]

the Order adopted.


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APRIL 1997 TERM


ORDER ACKNOWLEDGING RECEIPT OF THE AMENDEDREQUEST FOR REVIEW OF USE PLAN CHANGE FILED BY PAULKLOBE WITH THE MISSISSIPPI DEPARTMENT OF MARINERESOURCES AND AUTHORIZINC THE BOARD PRESIDENT TOEXECUTE SAME


MISSISSIPPI, that the Board does HEREBY ACKNOWLEDGE receipt of the

amended request for review of use plan change filed by paul Klobe with the

MisSiSSippi Department of Marine Resources, same being as follows, to-wit:

t157

1[~fI

Ifi

III

I

IIm

tIii;"

II,

158


APRIL 1997 TERM

MISSISSIPPI

DEPARTMENT OF MARINE RESOURCESNOTICE OF ERROR IN PREVIOUS PUBLIC NOTICE

REQUEST FOR REVIEW OF USE PLAN CHANGE

]

TO:

FROM:

SUBJECT:

DATE:

Mayor, City of D'IbervilleDistrict Attorney, Harrison CountyHarrison County Prosecuting AttorneyHarrison County Board of SupervisorsGulf RegionaI Planning CommissionSouthern Misssissippi Planning and Development DistrictMississippi Wildlife FederationDepartment of Wildlife, Fisheries, and ParksSecretary of State

Department of Marine Resources, Division of Coastal Ecology

Request for Use Plan Change

March 5, 1997]

In accordance with the provisions of the Coastal Wetlands Protection Law, we herewith enclose a copy ofthe Public Notice regarding a use plan change request by Paul Klobe. .

Please note that the date ot-the public hearin~ has been changed from March 12, 1997 to April 9, 1997. The.original public notice you received was incorrectly printed in the Sun Herald. Because of this, theDepartment ofMarine Resources is rescheduling the hearing and reis:;uing a corrected public notice.

If you would like to comment on the proposed use plan change, please provide your comments in writingto our office by 1:00 p.m. on April 9, 1997.

!fyou do not wish to submit comments on this application, please acknowledge receipt by signing andreturning this Request to the Department ofMarine Resources.

ACKNOWLEDGEMENT OF RECEIPT: ---;;-:- _Signature

152 Gateway Drive' BilOXI, MisSissippI 39531 • (601) 385·5860

Date

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APRIL 1997 TERM

PUBLIC NOTICEMISSISSIPPI COASTAL PROGRAM

WETLAND USE PLAN CORRECTIONPaul Klobe

159

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I

Based upon provisions of the Mississippi Coastal Program (MCP), Chapter VIII, Section 1, PartII, A-C, the Department of Marine Resources staff has reviewed a request by Paul Klobe ofD'Iberville to correct a purported error in the original MCP Wetland Use Plan. The property inquestion is located at 3278 Sunset Drive, adjacent to Gollott Seafood and the recently reclassifiedLouis Askin property on the Back Bay of Biloxi.

According to applicable MCP provisions, explanatory materials deemed appropriate by the partyrepresenting the corrections are to be presented in writing to DMR. Preliminary information hasbeen provided. After meeting with the interested party, additional information was requested,which was provided this past week. Information has been provided relative to the sites thatdocumented the use of that site at the initiation of MCP, October 1, 1980. The site is currentlydesignated as a "G" general use area. The request is to change from "G" to a "C" or commercialfishing area, as defined by the MCP.

On February 18, 1997, the Commission on Marine Resources approved the initiation of theprocess to make the necessary corrections to the MCP regarding these properties. TheDepartment is hereby notifying the public and other resource agencies of the proposed correctionand of a public hearing to be held April 9, 1997 at the Department of Marine Resources office at6:30 p.m. to discuss the changes. The hearing originally scheduled for March 12, 1997 iscancelled due to an erroneous address printed in the original public notice.

The Department considers this correction of the MCP Wetland Use Plan to be a Routine ProgramChange and is requesting the concurrence of the Office of Ocean and Coastal ResourceManagement of the U.S. Department of Commerce. Any claims that this action does notconstitute a Routine Program Change or other comments should be submitted to Ms. JewellGriffin, Office of Ocean and Coastal Resource Management, 1305 East-West Highway, SilverSprings, Maryland 20910 and the Department of Mar'.ne Resources, 152 Gateway Drive, Biloxi,Mississippi 39531 before 1:00 p.m. on the 9th day of April, 1997.

For additional information contact the Department of Marine Resources at (601) 385-5860.

II

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160


APRIL 1997 TERM


Board President to execute said amended Request for Review of Use Plan

Change.

Supervisor C.T. SWITZER seconded the motion to adopt the above and

foregoing Order, whereupon the President put the question to a vote with

the following results:

]






AYE

AYE

AYE

(ABSENT & EXCUSED>

AYE


the Supervisors present, the President then declared the motion carried and Jthe Order adopted.


* *

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APRIL 1997 TERM

Supervisor BOBBY ELEUTERIUS moved adoption Of the following:

RESOLUTION DECLARINC THE WEEK OF APRIL 18-26,1997"'rRASH BASH '97 WEEK" IN HARRISON COUNTY, MISSISSIPPI

WHEREAS, the Mississippi Transportation Commission at its Tuesday,

February 25,1997 meeting approved Friday, April 18, through Saturday, April

26,1997, as the Week of Trash Bash '97 for the Department of Transportation;

and

WHEREAS, the Commission deems it appropriate to request that all

counties and municipalities of the State of Mississippi help "cleanup our act"

and declare Friday, April 18, through Saturday, April 26, 1997, as the week of

Trash Bash '97, and urge the pUblic to participate in a litter removal effort on

county roadS; and

WHEREAS, the Board of Supervisors of Harrison county, MiSSissippi does

hereby find that eliminating litter from the State of Mississippi is a

worthwhile goal and that the Board would be desirous of creating more

awareness of the immense litter problem throughout the State of Mississippi;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF

HARRISON COUNTY, MISSISSIPPI that the week of April 18, through April 26,

1997, is hereby declared to be Trash Bash '97 week, and that the citizens of

Harrison county, Mississippi are requested to participate in the Department

Of Transportation's Ninth Annual Trash Bash to draw attention to and create

more awareness Of the litter problem in the state of Mississippi.


above and foregOing Resolution, whereupon the President put the question

to a vote With the fOllowing results:

161 I

f

Ii,t

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AYE

AYE

AYE

162


APRIL 1997 TERM



(ABSENT & EXCUSEDl

AYE JThe motion having received the affirmative vote from the majority of


the Resolution adopted.


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]

• MINUTE BOOKBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

APRIL 1991 TERM

163 I

ORDERED BY THE HARRISON COUNTY BOARD OF SUPERVISORS OF HARRISON

COUNTY, MISSISSIPPI, that the Board does HEREBY AUTHORIZE submission of Corps of

Engineers and Coast Guard permit applications through the Bureau of Marine Resources for

ORDER AUTHORIZING SUBMISSION OF CORPS OF ENGINEERSAND COAST GJARD PERMIT APPLICATIONS FOR CORSOBRIDGE, OVER TCHOUTACABOUFFA RIVER, OLD HWY. 15 D'IBERVILLE BLVD., PROJECT NUMBER SAP-24(52), ASRECOMMENDED BY GARNER RUSSELL, P.E., STATE AIDENGINEER

I!

I

,

moved the adoption of the following order:Supervisor BOBBY ELEUTERIUS

•

I

Corso Bridge, over the Tchoutacabouffa River, Old Hwy. 15· D'Iberville Blvd., Project Number

SAP-24(52), as recommended by Garner Russell, P.E., State Aid Engineer.

Supervisor C T SWITZER, JE seconded the motion to adopt the foregoingResolution, whereupon, the President put the question to a vote with the following results:

ISupervisor LARRY BENEFIELD voted, AYE--'Supervisor BOBBY ELEUTERIUS voted, AYE

•Supervisor ROBIN MIDCALF voted,

Supervisor DAVID LAROSA voted,

Supervisor C. T. SWITZER voted,

(ABS&NT & EXCUSED)

AYE--'AYE

The majority of Board Members, present on this day, haVing voted in the affirmative, thePresident then declared the motion carried and the Resolution adopted, this the 7th day ofApril , 1997.

* * *

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164


APRIL 1997 TERM


ORDER APPROVINC INSTALLATION OF STREET L1CHTS, ASLISTED


MISSISSIPPI, that the Board does HEREBY APPROVE installation of street lights,

as follows:

1) 19146 Highland Drive East, Supervisor'S Voting District 2.

2) Intersection of Herman Ladner Road and Highway 53, Supervisor'S

Voting District 2.

3) 8426 County Farm Road, Supervisor'S voting District 3.

4) 13954 Gulf Haven, Supervisor'S voting District 3.

5) 23070 N. carbridge Road, Supervisor'S Voting District 1.

m 23120 N. Carbridge Road, Supervisor'S voting District 1.

7) Intersection of NW corner of new and old Highway 67, Supervisor's

voting District 1.




J

]






AYE

AYE

AYE

(ABSENT & EXCUSED>

AYE



the Order adopted.


]

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165


APRIL 1997 TERM

I Supervisor C.T. SWITZER, JR. moved adoption of the following Order:

ORDER APPROVING PAYROLL FOR THE MONTH OF APRIL 1997


MISSISSIPPI, that the Board does HEREBY APPROVE payroll for the month of

April 1997.



C vote with the following results:

supervisor BOBBY ELEUTERIUS voted AYE

supervisor LARRY BENEFIELD voted AYE

supervisor DAVID V. LAROSA, SR. voted AYE

Isupervisor ROBIN ALFRED MIDCALF voted


(ABSENT & EXCUSED>

AYE

•



the Order adopted.


I

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166


APRIL 1997 TERM


Order:

ORDER ACKNOWLEDCINC RECEIPT OF AND SPREADINC UPONTHE MINUTES OF THE BOARD THE RICHT-OF-ENTRYACREEMENT EXECUTED BY R.J. LOWE FOR USE OF HISPROPERTY AS TEMPORARY PARKINC FOR THE ISIAHFREDERICKS COMMUNITY CENTER


MISSISSIPPI, that the Board does HEREBY ACKNOWLEDGE RECEIPT OF AND

SPREAD upon the minutes of the Board the Right-of-Entry Agreement

executed by R.J. Lowe for use of his property as temporary parking for the

Isiah Fredericks Community Center, same being as follows, to-wit:

/

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APRIL 1997 TERM

167

I

STAT· OF MISSISSIPPICOUNTY OF HARRISON

R.J. Lowe(OWNER)

RIGHT OF ENTRY AGREEMENT

I, R.J. Lowe, the owner of the property commonly identified as;

A parcel ofland in Section 28, Township 7 South, Range II West, Harrison County, Mississippi, asrecorded in the Deed Books of Harrison County, MS and located at 4501 Michigan Avenue

do hereby grant and give freely and without any coercion whatsoever, the right of access, entry and useof said property to HARRISON COUNTY, STATE OF MISSISSIPPI, its personnel, equipment andmaterials for the purpose of;I cleaning and clearing to provide temporary parking for the Isiah Fredricks Community Center.

The undersigned agrees and warrants to hold harrnless HARRISON COUNTY, STATE OFMISSISSIPPI, its personnel, equipment and materials for any damage of any type whatsoever either tothe above described property or persons situated thereon, and hereby release, discharge, and waive anyand all action, either legal or equitable, which might arise out of any use or activities on the abovedescribed property.

•I have not and will not receive any compensation for the above described work.

For the consideration~d purposes set forth herein, I hereby set by and seal this;;( ~ay offYJ1:>vt&i,. ' 19 ':t "7

(Owner/Owners)

(Current Telephone Number)

(Witness)

L(1fJU \

cI? 1A)A'p~~

/5""D 70(Current Address)

&&I

168


APRIL 1997 TERM




JSupervisor BOBBY ELEUTERIUS voted





AYE

AYE

AYE

(ABSENT & EXCUSED>

AYE



the Order adopted.


* *J

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169


APRIL 1997 TERM

Mr. H. F. Fountain, Architect, appeared before the Board to present two

alternatives for the construction of a new juvenile detention facility. After

full discussion, Supervisor DAVID V. LAROSA, SR. moved adoption of the

following Order:

ORDER AUTHORIZINC H. F. FOUNTAIN, ARCHITECT, TOPROCEED WITH DRAWINC FINAL PLANS AND SPECIFICATIONSFOR ALTERNATIVE NO.1 FOR CONSTRUCTION OF A NEWJUVENILE DE"rENTION FACILITY


MISSISSIPPI, that the Board does HEREBY AUTHORIZE H. F. Fountain, Architect,

to proceed With drawing final plans and speCifications for Alternative 1\10. 1

for construction of a new juvenile detention facility.


I above and foregoing Order, whereupon the President put the question to a

vote With the following reSUlts:






AYE

AYE

AYE

(ABSENT & EXCUSED>

AYE



the Order adopted.


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170


APRIL 1997 TERM


Order:

ORDER APPROVING APPROPRIATION IN THE AMOUNT OF$1,500.00 TO THE CITY OF PASS CHRIS"nAN FOR FIREDEPARTMENT EQUIPMENT, PAYABLE FROM ESCROW FUNDS


MISSISSIPPI, that the Board does HEREBY APPROVE the appropriation in the

amount of $1,500.00 to the City of Pass Christian for Fire Department

]

Equipment, payable from Escrow Funds.

Supervisor BOBBY ELEUTERIUS seconded the motion to adopt the ..)

above and foregoing Order, whereupon the President put the question to

a vote with the following results:




supervisor ROBIN ALFRED rvIlDCALF voted


AYE.

AYE,

IABSENT & EXCUSED),

AYE.

]


of the Supervisors present, the President then declared the motion

carried and the Order adopted.


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171


APRIL 1997 TERM


Order:

ORDER APPROVING ADVERTISEMENT OF COUNTY RESOURCESBY PLACING A FULL PAGE AD IN THE MISSISSIPPI ASSOCIAl"IONOF COACHES ALL-STAR BASKETBALL PROGRAM AT A COST OF$160.00, PAYABLE FROM ESCROW FUND


MISSISSIPPI, that the Board does HEREBY APPROVE advertisement of County

resources by placing a fUll page ad in the Mississippi Association of Coaches

All-Star Basketball Program at a cost of $160.00, payable from Escrow Fund.









AYE,

AYE,

AYE,

(ABSENT & EXCUSED)

AYE.



carried and the order adopted.


* * *

f

172MINUTE BOOK



Order:

ORDER APPROVING ADVERTISEMENT OF COUNTY RESOURCESBY PLACING A HALF PAGE AD IN THE MISS MISSISSIPPIPAGEANT PROGRAM AT A COST OF $150.00, PAYABLE FROMESCROW FUND


MISSISSIPPI, that the Board does HEREBY APPROVE advertisement Of County

resources by placing a half page ad in the Miss MissiSSippi pageant Program

at a cost of $150.00, payable from Escrow Fund.




]






AYE,

AYE,

(ABSENT & EXCUSED)

AYE.

]





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173

MINUTE BOOKBOARD OF SUl-'ERVISORS, HARRISON COUNTY, MISSISSIPPI

APRIL 1997 TERM


Order:

ORDER APPROVING THE REQUEST OF THE GULFPORT LEISURESERVICES DEPARTMENT TO USE THE ISIAH FREDERICKSCENTER JUNE 10 THROUGH JUNE 18, 1997 TO HOST THE1997 SUMMER PLAYGROUND PROGRAMS


MISSISSIPPI, that the Board does HEREBY APPROVE the request of the Gulfport

Leisure services Department to use the Isiah Fredericks Center June 10

through June 18,1997 to host the 1997 Summer Playground Programs.





I

•







AYE

AYE

AYE

(ABSENT & EXCUSED>

AYE

the Order adopted.


* * *

I Supervisor Switzer presented the Board with the certificate of

appreciation tendered by members of the 50th Anniversary Annual Spring

Pilgrimage.

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171

MINUTE J300KBOARD OF SUPERVISORS, HARk.SON COUNTY, MISSISSIPPI

APRIL 1997 'rERM

Supervisor C.T. SWITZER, JR. moved adoption of the following

Order:

ORDER APPROVING $5,000.00 APPROPRIATION TO THE BILOXISHRIMP FESTIVAL AND BLESSING OF THE FLEET TO ADVERTISECOUNTY RESOURCES, PAYABLE FROM GENERAL FUND


IVIISSISSIPPI, that the Board does HEREBY APPROVE a $5,000.00

appropriation to the Biloxi Shrimp Festival and Blessing of the Fleet to

advertise county resources, payable from General Fund.

Supervisor OAVID V. LAROSA, SR. seconded the motion to adopt the


a vote with the fOllowing results:

]






AYE,

AYE,

AYE,

(ABSENT & EXCUSED>

AYE.

]

The motion having received the affirmative vote from the majOrity

of the supervisors present, the president then declared the motion



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175


APRIL 1997 TERM

Supervisor C.T. SWITZER, JR. moved adoption of the following

Order:

ORDER APPROVING $5,000.00 APPROPRIATION TO MISSISSIPPIDEEP SEA FISHING RODEO, INC. TO ADVERTISE COUNTYRESOURCES, PAYABLE FROM GENERAL FUND


MISSISSIPPI, that the Board does HEREBY APPROVE a $5,000.00

appropriation to the Mississippi Deep Sea Fishing Rodeo, Inc. advertising

County resources, payable from General Fund.






I

•





AYE,

AYE,

(ABSENT & EXCUSEDl

AYE.




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I

176MINUTE BOOK



ORDER AUTHORIZINC ANY SUPERVISOR TO ATTEND THENATIONAL HURRICANE CONFERENCE IN HOUSTON, TEXASAPRIL 22-26, 1997, DEDICATED TO WADE CUICE, ANDAUTHORIZINC REIMBURSEMENT FOR NECESSARY rRAVELEXPENSES


MISSISSIPPI, that the Board does HEREBY AUTHORIZE any supervisor to attend

the National Hurricane Conference in Houston, Texas April 22-26, 1997,

dedicated to wade Guice; and the Board does HEREBY AUTHORIZE

reimbursement for necessary travel expenses.

]









AYE

AYE

AYE

(ABSENT & EXCUSED>

AYE

]



the Order adopted.


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]

177


APRIL 1997 TERM

ISupervisor BOBBY ELEllTERIUS moved the

•

I

adoption of the following Resolution:

A RESOLUTION OF THE HARRISON COUNTY BOARD OF SUPERVISORSAUTHORIZING THE PAVING OF THE ENTRANCE WAY TO WHITEPLAINS UNITED METHODIST CHURCH, IN CONSIDERATION OF THECONTINUED USE OF THE FACILITIES FOR VOTING FACILITIES,AND FOR RELATED PURPOSES.

WHEREAS, for the past twenty (20) years, Harrison County has

utilized White Plains United Methodist Church as a voting precinct

for all County, State and National elections; and

WHEREAS, Harrison County has never been charged for the use of

these facilities; and

WHEREAS, the entrance to the Church has deteriorated to the

point that it is hazardous for voters and poll workers to go in and

out of the facility; and

WHEREAS, in consideration of White Plains United Methodist

Church having allowed the County use of the facilities as a voting

precinct for at least the past twenty (20) years, and in

consideration of the use of the facilities for an additional ten

(10) years, the best interest of the Citizens of Harrison County

and County Poll workers would be served if the entrance way

adjacent to White Plains United Methodist Church is paved by the

County.

NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS

OF HARRISON COUNTY, MISSISSIPPI, AS FOLLOWS:

SECTION I. The Harrison County Board of Supervisors does

I

hereby find that White Plains United Methodist Church, having

allowed the County to utilize its facilities for at least the past

twenty (20) years at no charge as a voting precinct in county,

178


APRIL 1997 TERM

state, and national elections, and further agreeing to allow

Harrison County to utilize the facilities for an additional ten

(10) years, all at no charge to the County, that the best interest

of the Citizens of Harrison County and County poll workers would be

served if in consideration of the use of these facilities as a

voting precinct, that Harrison County pave the entrance way to

White Plains United Methodist Church.

]

SECTION II. White Plains United Methodist Church shall

execute a right-of-entry for Harrison County to come upon the

premises to pave this parking area.

Supervisor DAVID V. LAROSA, SR. seconded the motion to

adopt the above and foregoing Resolution whereupon the President

put the question to a vote with the following results:

Supervisor BOBBY ELEUTERIUS voted, AYE

Supervisor ROBIN ALFRED MIDCALF voted, (.J~I3SENT & ,EXCUSED)

Supervisor DAVID V. LAROSA, SR. voted, AYE

Supervisor LARRY BENEFIELD voted, AYE

Supervisor C.T. SWITZER, JR. voted, AYE



]

Resolution adopted on this the 7th

1997.

day of April

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APRIL 1997 TERM

March 14, 1997

Larry Benefield, PresidentHarrison County Board of SupervisorsPost Office Drawer CCGulfport, MS 39502

Re: Letter Agreement Between Harri!on County andWhite Plaius united Methodist Church

Dear Mr. Benefield:

Harrison County has utilizrd the facilities of White PlainsUnited Methodist Church as a Voting Precinct for at least the pastten (10) years, all at no charge to the County. The parking areafor the White Plains United Methodist Church is very limited andhas deteriorated to the point that we believe it presents a hazardto the large number of voters utilizing this precinct as well asthe polling workers at election' time.

White Plains United Methodist Church simply does not havesufficient funds to pave this parking area and bring it up tostandards, which would provide safety for the voters as well aspoll workers.

Therefore, in consideration of Harrison County paving thisparking area adjacent to the Church, by the execution of thisLetter Agreement, White Plains United Methodist Church does herebygive Harrison County the right to continue to use our facilities asa voting precinct for the next ten (10) years.

Additionally, we will execute a right-of-entry for HarrisonCounty to come upon the premises to pave this parking lots.

Witness our signature this: the ~day of March, 1997.

White Plains United Methodist Church

N3N30~'A3IId'SMoa~3WSE:60 ~6, vl d~W

180


APRIL 1997 TERM

MAR-14-97 10:03 AM ROAD AND ENGINEERING

STATE OF MISSISSIPPICOllNTY OF HARRISON

G01 831 3356

(OWNER)

P.0t

]

1.

RIGHT OF ENTRY AGREEMENT

, the owner of the property commonly identified as;

A parcel ofland in Section . Township South, Range West, Harrison County,Mississippi, with the following mailing address

do hereby grant and give freely and without any coercion whatsoever, the right of access, entryand use of said property to HARRlSON COUNTY, STATE OF MISSISSIPPI, its personnel,equipment and materials for the purpose of;

The undersigned agrees and warrants to hold harmless HARRISON COUNTY, STATE OfMISSISSIPPI. its personnel, equipment and materials for any damage of any type whatsoevereither to the above described property or persons situated thereon, and hereby release, discharge,and waive any and all action, either legal or equiTable, which might arise out of any use oractivities 011 the above described property.

I have noT and wiJJ not receive any compensation for the above described work.

For the considerations and purposes set forth herein, 1 hereby set by and seal this -'-'Lday of

(Current Telephone Number)

(Current Address)

(Witness)

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APRIL 1997 TERM

Supervisor BOBBY ELEUTERIUS moved the

adoption of the following Order:

AN ORDER NUNC PRO TUNC AMENDING A RESOLUTION OF THEHARRISON COUNTY BOARD OF SUPERVISORS CREATING THE LIZANAFIRE PROTECTION DISTRICT HERETOFORE ADOPTED ONSEPTEMBER 11, 1995, AND FOR RELATED PURPOSES.

WHEREAS, the Harrison County Board of Supervisors adopted a

.. Resolution on September 11, 1995 creating the Lizana Fire

Protection District, and for related purposes; and

WHEREAS, the Grading District, within the overall Fire

Protection District in addition to the area originally designated,

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should have included the following described area, to-wit:

SEE ATTACHED EXHIBIT "A" FOR DESCRIPTION

WHEREAS, an Order Nunc Pro Tunc should be entered amending the

Resolution adopted on September 11, 1995, to include the herein

described area for the Grading District .

NOW THE HARRISON COUNTY BOARD OF SUPERVISORS DOES HEREBY ENTER

THIS ORDER NUNC PRO TUNC AMENDING THE RESOLUTION ADOPTED ON

SEPTEMBER 11, 1995.

hereby entered this Order Nunc Pro Tunc amending the Resolution

SECTION I. The Harrison County Board of Supervisors does I

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adopted on September 11, 1995 creating the Lizana Fire Protection

District to include the herein described Grading District, as set

forth in the attached Exhibit "A" and made a part hereof as if

fully copied in words and figures herein.

SECTION II. That in all other respects, the Resolution shall

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MINUTE BOOKBOARD OF SUt'ERVISORS, HARRISON COUNTY, MISSISSIPPI

APRIL 1997 TERM

remain in full force and effect.

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Supervisor ____~D~A~V~I~D~V~.~L_A~R~O~S_A~,__S_R_. seconded the motion to

adopt the above and foregoing Resolution whereupon the President

put the question to a vote with the following results:

Supervisor BOBBY ELEUTERIUS voted, AYE

Supervisor ROBIN ALFRED MIDCALF voted, (ABSENT f EXCUSED) jSupervisor DAVID V. LAROSA, SR. voted, AYE

Supervisor LARRY BENEFIELD voted, AYE

Supervisor C.T. SWITZER, JR. voted, AYE



Resolution adopted on this the

1997.

__~7L!t""h day of ~A-,-,p,-,r:.:i::..:l,,--- _ J* * *

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MINUTE BOOKBOARD OF SUPERVISORS, HARRISON COUNTY, MISSlSSlPPI

APRIL 1997 TERM

ADDITION TO THE AREA OF L1ZANA GRADING DISTRICT:

Beginning at a point at the NW corner of section 27 T58 R13W, being the POS

go S following the W line of sections 27,34 T5S R13W to the W line of section 3 T6S R13W

go S following the W line of sections 3,10,15,22,27 T68 R13W to the intersection of the W lineof section 27 168 R13W and the centerline of the Wolf River

follow the SEly meanderings of the centerline of the Wolf River to its intersection with the Esection line of section 34 T5S R13W

from this point go N following the E section lines of sections 27,22,15,10,3 T68 R R13W to the8W comer of section 35 15S R13W

follow the E line of sections 34,27 T5S R13W to the NE corner of section 27 15S R13W

go W following the N line of sections 27 15S R13W to the POS.

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APRIL 1997 TERM

" t~--+--

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~----+---+-I

tJ02W Ar'eo. Added to Lizo.na. Grading District

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APRIL 1997 T,~RM


Order:

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ORDER AUTHORIZING THE BOARD ATTORNEY TO FILE ANAMICUS CURIAE BRIEF IN CAUSE NO. A2401-96-00359,STYLED "CONCERNED CITIZENS TO PROTECT THE ISLES ANDPOINT, INC., BAY ST. LOUIS COMMUNITY ASSOCIATION, ANDPRESERVE DIAMONDHEAD QUALITY, INC. VS. MISSISSIPPIGAMING COMMISSION AND PINE HILLS DEVELOPMENTPARTNERSHIP D/B/A GOLD STRIKE CASINO AND RESORT"


• MISSISSIPPI, that the Board does HEREBY AUTHORIZE the Board Attorney to file

an Amicus Curiae Brief in Cause No. A2401-96-00359, styled "Concerned

Citizens to protect the Isles and point, Inc., Bay st. Louis Community

Association, and Preserve Diamondhead Quality, Inc. vs. MisSissippi Gaming

ICommission and Pine Hills Development Partnership d/b/a Gold Strike Casino

and Resort."


above and foregOing Order, whereupon the President put the question to a


• supervisor BOBBY ELEUTERIUS voted





AYE

AYE

AYE

(ABSENT & EXCUSEDl

AYE

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the supervisors present, the President then deci3red the motion carried and

the Order adopted.


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APRIL 1997 TERM


ORDER AUTHORIZING THE INSTALLATION OF "NO WAKEZONE" SIGNS IN AREAS SO DESIGNA'rED BY 'rHEDEPARTMENT OF MARINE RESOURCES, AND PARTICULARLYAT FITZ CREEK AND BETWEEN THE BILOXI SMALL HARBORAND DEER ISLAND


MISSISSIPPI, that the Board does HEREBY AUTHORIZE the installation of "No

Wake Zone" signs in areas so designated by the Department of Marine

Resources, and particularly at Fitz Creek and between the Biloxi Small Harbor

and Deer Island.

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AYE

AYE

AYE

(ABSENT & EXCUSED>

AYE

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the Order adopted.


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APRIL 1997 TERM

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There came on this day for consideration by the Board the matter of a

request by William R. pendleton, d/b/a Lie & Brag, to obtain a designation of a

resort area located at 18272 _8th street, long BeaCh, Harrison county,

Mississippi 39560, to obtain a license to sell alcoholic beverages, whereupon

Supervisor BOBBY ELEUTERIUS moved adoption of the fOllowing Order:

ORDER DENYING REQUEST OF WILLIAM R. PENDLETON, D/B/ALIE &BRAG, TO HAVE THE PROPERTY LOCATED AT 1827228TH STREET, LONG BEACH, HARRISON COUNTY, MISSISSIPPI,DECLARED AS A RESORT AREA FOR THE PURPOSE OFOBTAINING A LICENSE TO SELL ALCOHOLIC BEVERAGES ATSAID LOCATION

WHEREAS, William R. pendleton, d/b/a Lie & Brag, located at 18272 28th

street, long Beach, Harrison county, Mississippi, presented a request to the

Board of Supervisors of Harrison county, MississiPPi to have the property

I aforesaid declared as a Resort Area to make application to the State Tax

Commission for a license to sell alcoholic beverages, said request being in the

following form, words and figures, to-wit:

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APRIL 1997 TERM

LEGAL NOTICEUNDER REGULAT ION IB

ALCOHOL IC BEVERAGE CONTROL 0 IVIS IONSTATE TAX COMMISSIONSTATE OF MISSISSIPPI

Notice Is hereby given pursuant to Regulation IB of the Alcoholic BeverageControl Division of the State Tax COlTYlllsslon, Jackson, Mississippi, that anapplication for -:Iasslflcatlon as a "resort area" Is bel.ng tiled tor an arealocated In· /..//l-77 /1 I ':;." ----> . t~ county -<>f"

.Ix>t-ft.), Mississippi, rrore particularly described as lollows, to-wit:

DE;;CRIBE: It'd7;;' 6!t'.p" $-1",< J/ 1-c.-u5 Y3"...."- 777:5. 3<;';'-<:'''

A5 required by sold R.egullitlon IB, the content of the application shallIncluda, <I) "IMp 01 the above described area clearly marked to Indicatethe specilic area under consideration; (2) Reasons why the particular area.should be classified os a Resort Area, to Include the fact that· /..{A--tz d • ...)

(county) 15 an orea that attracts tourist and vacationers becad.e ·of Itshistorical and scenic attractlons·arid·f'cll.ltlos·arld·'fhot·the·araa designatedhere In serves the tour 1st ond vocat loners to 0 very hi gh' degree; (3) Assurancefrom the sS/'.,..r< ,//-1 (police - sher~ff) authorities oftho W.--n " , &d~) <s+ty.-- c:ountyl ond oUar appropriatelaw olflc/als that the local law enforcement officers would· enlorce the localAlcoholic Beverage Control Laws of the State of Mississippi and rules andregulations 01 the Alcoholic Beverage Control COlTYlllsslon In such areas; and(4) ~ certl!led copy 01 the Order as_entered on the Minutes of the

/"'A-z! (' , S ,i-I (c;J-ty - county) ragardl.ng said resort areaclassl tlcatlon •

. Request 15 hereby mode pursuant to sal d r.eglJ I"tlon tor on express I'onof public opinion from resIdents In the above ciescrlbed area under considerationIn tha.t connection with sold approval, notice Is hereb{glven that approvalas a resort area classifIcation will penult operation 01 open b.rs In the,area by licensed Individual. or corporations .pprov~d In ""ccord.nce with thelaws of the State of Mlsslsslppl and that decision on the application rests notwith the' . "'/.....,'1' ,& ••_~ .. . (city - county), ·Wssl.slppl·, but withthe State of MississippI pursuant to the law. of the State of MI •• lsslppl.

This, the ~ .. doyof'd,e,,;!' , A,D" 1952..-.

«),1//'771 2 12,,)d /e.-k-J tAPPllcant)«::.1/b...,:,~~""I'e q 8/{7 teus Iness)

(THIS FORMAT TO BE USED ONLY WHEN MAYOR OR BOARD OF SUPERVISORSSUBMITS APPLICATION TO ABC DIVISION AND NO PETITION IS REQUIRED)

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APRIL 1997 TERM

WHEREAS, it is the desire of this Board that the classification as a resort

area be restricted and limited to the area immediately adjacent to the sand

beach,

BE IT THEREFORE ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON

COUNTY, MISSISSIPPI, as follows:

1. That the above and foregoing request be, and the same is HEREBY

DEI\IIED.

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2. That the Clerk of the Board be, and he is hereby directed to forward

a certified copy of this Order to the State Tax Commission and to William R.

pendleton, d/b/a Lie & Brag, 18272 28th street, Long Beach, Mississippi 39560.

Supervisor C.T. SWITZER. JR. seconded the motion to adopt the above

and foregoing Order, whereupon the president put the question to a vote


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AYE,

AYE,

AYE,

(ABSENT & EXCUSEDl,

AYE.

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the Order adopted.


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Supervisor Switzer was absent and excused hereafter.

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APRIL 1997 TERM

The Board of Supervisors of Harrison County, Mississippi, took up the matter of the issuanceof MBIA General Obligation Bonds, Series 1997, of Harrison County, Mississippi for the purposeof constructing and acquiring an existing industrial building and to provide certain infrastructureimprovements in connection thereto located in Harrison County, Mississippi for Regina Horne CareCorporation. After a discussion of the subject, Supervisor BOBBY ELEUTERIUS , offered andmoved the adoption of the following resolution:

RESOLUTION AUTHORIZING THE ISSUANCE OF MBIAGENERAL OBLIGATION BONDS OF HARRISON COUNTY,MISSISSIPPI, IN THE PRINCIPAL AMOUNT NOT TOEXCEED THREE MILLION DOLLARS ($3,000,000) FOR THEPURPOSE OF CONSTRUCTING AND ACQUIRING ANINDUSTRIAL BUILDING AND TO PROVIDE CERTAININFRASTRUCTURE IMPROVEMENTS IN CC NNECTIONTHERETO LOCATED IN HARRISON COUNTY,MISSISSIPPI, FOR REGINA HOME CARE CORPORATION.

WHEREAS, the Board of Supervisors (the "Board") of Harrison County (the "County"),Mississippi, acting for and on behalf of the County, does hereby find, determine and adjudicate asfollows:

l. On February 26, 1997, the Board adopted a certain resolution entitled, "ARESOLUTION DECLARING THE INTENTION OF THE BOARD OF SUPERVISORS OFHARRISON COUNTY, MISSISSIPPI, TO ISSUE GENERAL OBLIGATION MBIA BONDS,SERIES 1997, OF HARRISON COUNTY IN THE PRINCIPAL AMOUNT NOT TOEXCEED THREE MILLI0:'1l DOLLARS ($3,000,000) FOR THE PURPOSE OFCONSTRUCTING AND ACQUIRING AN INDUSTRIAL BUILDING AND TO PROVIDECERTAIN INFRASTRUCTURE IMPROVEMENTS IN CONNECTION THERETOLOCATED IN HARRISON COUNTY, MISSISSIPPI, FOR REGINA HOME CARECORPORATION, AND DIRECTING PUBLICATION OF NOTICE OF SUCH INTENTION,AS AUTHORIZED BY CH/,PTER 61 OF TITLE 57, MISSISSIPPI CODE OF 1972, ASAMENDED", and as directed by the aforesaid resolution. the said resolution was published oncea week for at least three (3) consecutive weeks in The SUIl Herald, a newspaper published in the Cityof Gulfport. Harrison County, Mississippi, having a general circulation in the County, and qualifiedunder the provisions of Section 13-3-31. Mississippi Code of 1972, as amended; the first publicationof said order was made not less Unn twenty-one (21) days prior to April 7, 1997, and the Instpublication was made not more than seven (7) days prior to April 7, 1997, the date specified in saidorder upon which the Board would conduct a public hearing and take further action to provide forthe issuance of said Bonds, said notice being published in said newspaper on March 14, 1997, March21. 1997, March 28.1997 and April 4, 1997, as evidenced by the publisher's affidavit heretoforepresented and filed;

HC051.2

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APRIL 1997 TERM

PROOF OF PlillLICATIONSTATE OF MISSISSIPPI

COUNTY OF HARRISON

Before me, the undersigned Nota Public of Harrison County,!

Mississippi, personally appeared---'.ooJ-L.-"",l,"""0>'"')~'"-..J_-+n-,-"~,,,c-,-,Lc,,,·,,,'~",,',,-'who, being by m~first duly sworn, did depose and say that she is a

clerk of (;, ; / SoC \., tl!AA L)-___---,-,---- ,----__' a newspaper published in the

city of ( ~!!! l~--t ,in Harrison County, Mississippi,

and that p:blicati~notice,a coPy of which is hereto attached,

has been made in said paper +- times in the foliowing

numbers and on the foliowing dates of such paper, viz:

Paper~itoJ.J..!.LNo.,~dated---.L±-day of mCL,? 19 C)'7Pape~(roJ...l...U.-No.LZd...dated2Lday of1llcli, 19!il

C."._Pape~VoJ.Jll....No.• n0 dated -.:,).? day of.Iti1't..,19~

~pape~Vol.-ll.:LNo.•.!.1iLdated~dayof~. 19~__Paper__VoJ.__No.,__dated__day of__, 19__

__Paper__VoJ.__No.,__dated__day of__, 19__

__Paper__VoJ.__No.,__dated__day of__, 19__



more than twelve months next prior to the first publication of said notice.n,· 'h, I

\.kb JL>j ,",,]I hJ\A It." -'Clerk

Sworn to and subscribed before me this_--,7_~,--!L day of

-4fM, 1. ,A.D., 19q7 .

M\o Commlsslon ElqllnIe1011~) ...5hrdNotary Public

Printer's Fee $---1-----

Furnishing proof of publication $,--+-----TOTAL $

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MINUTE BOOKBOARD OF SUPERVISORS, Hi"RRISON COUNTY, MISSISSIPPI

APRIL 1997 TERM

2. At or prior to the hour of 4:00 p.m. on the 7th day of April at the regular meeting placeof the Board ill the County Courthouse in the City of Gulfport, Mississippi, no petition, written ororal protest of any kind or character against the issuance of the Bonds of the Issuer had been filedor was presented.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD, ACTING FOR AND ONBEHALF OF THE ISSUER, AS FOLLOWS:

SECTION 1. That the General Oblig"tion Bonds of the Issuer shall be and the same herebyare authorized to be issued in the principal amount not to exceed Three Million Dollars ($3,000,000)for the purpose of constructing and acquiring an existing industrial building and to provide certaininfrastructure improvements in connection thereto located in Harrison County, Mississippi forRegina Home Care Corporation, (the "Project"). The project will be acquired in connection with aproject for Regina Home Care Corporation, a Delaware corporation, located in Harrison County,Mississippi. Such Bonds are to be sold to the Mississippi Department of Economic and CommunityDevelopment to evidence a loan from the State of Mississippi in an amount equal to the principalamount of such Bonds as issued, which loan shall be made pursuant to Sections 57-61-1, et seq.,Mississippi Code of 1972, as amended (the "Authorizing Act") and, in connection therewith, theCounty shall agree to be bound by the provisions of the Authorizing Act.

SECTION 2. That said Bonds shall be issued and delivered pursuant to the further ordersand proceedings of this Board.

Supervisor DAVID V. LaROSA, SR. seconded the motion to adopt the foregoing resolutionand after the same had been read and considered section by section and pn to a roll call vote, the result wasas follows:

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Supervisor Bobby EleuteriusSupervisor Larry BenefieldSupervisor David LaRosaSupervisor Robin Alfred-MidcalfSupervisor C. T. Switzer, Jr.

voted: A~ _voted:--'Af-;Y;:;:E:.-- _voted: AYEvoted: (ABSENT & EXCUSED)voted: (ABSENT & EXCUSED)

The motion having received the foregoing vote orthe Governing Body, the President declared themotitHl carried and the Resolution adopted, on this the 7th day of April. 1997.

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APRIL 1997 TERM

I ORDERED that the Board ADJOURN IN THE FIRST JUDICIAL DISTRICT until

Term in Course.


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AEX32 Print - Harrison County

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Transcript of AEX32 Print - Harrison County