board of supervisors, harrison county, mississippi...

350MINUTE BOOK

BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

JUNE 1998 TERM

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 tile FIRST MONDAY OF JUNE 1998, being

the 1st DAY OF JUNE 1998, the same being the time fixed by law and the place

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fixed by the Order of the Board of supervisors of Harrison 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; Bobby Eleuterius, David V. LaRosa,

Sr., Robin Alfred Midcalf, 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.

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WHEREUPON, after the proclamation of the Sheriff, the following

proceedings were had and done, viz: ~

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351

MINUTE BOOKBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

JUNE 1998 TERM

Supervisor ROBIN ALFRED MIDCALF moved adoption of the following

Order:

ORDER APPROVINC PETITION FOR INCREASE TO THE 1997LAND ROLL FOR PARCEL NO. 0406E-01-01S.000

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY, MISSISSIPPI,

that the Board does HEREBY APPROVE petition for increase to the 1997 Land Roll

for parcel No. 0406E-01-015.000.

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 BOBBY ELEUTERIUS voted

Supervisor LARRY BEI\IEFIELD voted

supervisor DAVID V. LAROSA, SR. voted

Supervisor ROBIN ALFRED MIDCALF voted

Supervisor C. T. SWITZER, JR. voted

AYE

AYE

AYE

AYE

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 1st day of June 1998.

* * *

352

MINUTE BOOKBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI ,.J

JUNE 1998 TERM

Supervisor C.T. SWITZER, JR. moved adoption of the following Order: ]

ORDER ACKNOWLEDGING RECEIPT OF AND APPROVE PETITIONS FORCHANGES TO THE 1997 LAND ROLL AND PERSONAL PROPERTY ROLL, ASRECOMMENDED BY THE TAX ASSESSOR


that the Board does HEREBY ACKNOWLEDGE receipt of and approve petitions for

changes to the 1997 Land Roll and Personal property Roll, as recommended by

the Tax Assessor, same being as follows, to-wit:

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-- t; -- I!!!! f7 I!!!!! e I!!!!! C7

OJo~;tJoo"TIvac:"0m

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C:Vi5:20_m~2~- c:U):I:-IU)~m()()~m-100m 2 0;;:ao"'P:s:g~

2-t--<:s:vavavava-"0"0-

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PAGE

'-STe- (Ie t 1 un

--1049

-2h90

43~'l

~!1 7~1

8117--------;=;1'l32

1481

4865

------------7:100 ~t366 --2434

.---

108b 79~~ -~'74

-5110 --IUba- =3;'50-

1;'00 bOO -hOO

3899 145!j -2~44

7-"05 ~;07 J -2~J34

3107 J /04 --11183

----2::;06--- 1:;'04 -"1002-

4302 ~'14J -1~'41

13202 B05el -4427

-------9870 b580 --o3;J90

T/38 ~.159 ·-2~179

9357 ~II06 -3c~51

169092 '111000 ----~58092

h781:13 55:'>16J -J 22(":172R 5D

R 5G

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R 20(1 -----A~)46------:'030--- ----1~,16--

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R 2G(1BY MS mLLER

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PATSY

Landroll/Appr~i5_11 1977Actilln.:; Taken---by-Board Of· Supervisor" anti S't:ate- T.3X Commis'1ion--

5-26-1998 thru 5-26-1998 n"purt Se1loence PAHCEL NUMBeRParcel T.3X ------- Total ASS~SSEl'f.1 --.-----

·--T'.!pe Dl'5t--"-Be'flJre' -----After- --'-Chan~e-' BnS fletion--

GEORGE G ~;TH ~<

H V

•.I0:..,EPH H ;:.. wr

GUNN, DAVID T& GINAM

GILBERTI, LISA A

[lU-1 u:r<, - ,IANFT-I,-

NUH,

LIlD IG,

saULIE,

PHILLIPS COLLEGES INCI\SSfCSSFD

ROYAL GULF PART~IEIIS L P(\SSE-,SS~-D

~IIl .. LH1, MARY SHOt-IE REPOElJ DFFORE PURCHASE

MARTIN, ALVIN & JANICE n[laWN-----BRClADUS, DELONr-: M k HERBERT L - R ?G --- ---- 9549I\SSESSED

WOUDARD, ALBERT W JR

ROllINSON, WILLIAM DERRONEOUSLY ASSESSED

ROBINSON, WILLIAMD & WEA5SESSEI>

THIRD STAR FNTERPRISES INC/\SSESSFD

NICHOI.S, DOUGLAS G ~.. DEBORAH

VAL DE7, DONNA . --- - ---- - - R 3MPCL 4061.: 1 15/N~O CLASS IIIIA~IES, JERRY L ~, 110NICA CA-I,"Ll R :lL

ASSESSEI> -----DANIELS, STFPHEN E & MARTHA S R 5M

mJNF.R 1\11'1111".

OS/26/90 13: 52·i-'etitinns AndRecords Add:!rl

LRMPET02R[lI

---P-ARCElo-NU~lBER.--~--

0300 -01-021.001------GkA55·-I

0313L-02-078.000DELETE IMPS/L01' VAC

-----D'I06E-OI-0l ,,:-00 1-DELETE IMPS/GOES 10

05j2A-01-00~.000---~'--LOl-ERROfoolEOUSL Y

0602H-01-013. 000DELETE IMPS/LOl VAC

------0807H-Ol-00Ac-003-------CU\SS I

0807 I -01-01 -/. 000-----DELETE--IMPS/1108 lLb.

081OE-02-048. 000DELETE IMPS/TORN

------08TH'~03-018.-000-- .PRUP FRRUNEOUSLY

0811A-05-04'1.000CU\SS-I

08JI0-03-001 000DELETE IMF'S/Lm

-------DB I 1 [J~03~OO J _ 001-Lm- ERRONEOUSLY

08J1E-04-011.001------·-IMPS -ERRONEOUSLY

0900E-OI-03H. 000CLASS I

----t01 aI=01~07'1. O?OCU\SS I

10JOO-OI-014.000------ -~--CLASS I

10100-01-018.000CLASS I

-----wn-D=-03=006 000---IMPS ERRONEUUSLY

1110L-02-004.000--- ---·-------lMPS-ERRUNEOUSLY

Chang? IT. Total AsseSSffiPnt_.. _--_.- ---------~'J 6, '780 Total In! re.;:'!:.e Total Decrease ";!16,980

w~

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--------------------------------------------------_._-_._-------_._-_._-----------------

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-12.577 -I

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PAG;:

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DecreaseTotal

--12~,774',125',161836

I nr r etl s e

P I3

Total

l_an{lroll/ApPl'ais~l 1997Actitln5 Take'l-by Board 'Of-StJpel'vi~ors-arId S~ate '-ax'-Commission

5-;'6-1998 tl,ru 5-26-19'18 [< .. port Se'tuence UWNER NA~lE

Par~el T~~ ------- TCltal A~.seLsed --------T'lpe Dist- He~ore-- ---APter - - Change-- -nos -Action

-12. 57/

PAf(CEI --Nu~mt_R

O~,/2/;/'7H 1 ~J' 5::~

PetitjQn~. Andnee OT'(is Aud{~,d

As s e;:'smpn t

L.Rt1PET02

Change In Total

RIll

----(JWNER-N,\ME--------

ESSEX CRANE RENTM_ CURP 1615~

--------EGUIPMENT-NtlT IN COUNTY ON LIEN IlAT"

~ L..... ~ ~ ~ L....I ~

355

MINUTE BOOKBOARD OF SUPERVISORS, HARRISON COUNTY. MISSISSIPPI

JUNE 1998 TERM

Supervisor ROBIN ALFRED MIDCALF 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



AYE

AYE

AYE

AYE

AYE


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

Order adopted.


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356


JUNE 1998 TERM

supervisor ROBIN ALFRED MIDCALF moved adoption of the following JOrder:

ORDER APPROVING ALL TRAVEL FOR THE 15TH ANNUAL CERTIFIEDAPPRAISER SCHOOL TO BE HELD AT THE MISSISSIPPI STATE UNIVERSITYON JUNE 14-26, 1998, AS LISTED


that the Board does HEREBY APPROVE all travel for the 15th Annual Certified

Appraiser School to be held at the MissisSippi State university on June 14-26,

1998. The total amount for the school will be $980.00 and is approved for the

following persons: Timothy K. Leary, Jr., and Robyn L. Shaw.

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 ROBIN ALFRED IVIIDCALF voted


AYE

AYE

AYE

AYE

AYE

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

Order adopted.


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357


JUNE 1998 TERM


Order:

ORDER ACCEPTING THE FINAL PLAT OF ROBINWOOD FORESTSUBDIVISION PHASE 10, LOCATED IN SECTION 1, TOWNSHIP 6SOUTH. RANGE 12 WEST, IN SUPERVISOR'S VOTING DISTRICT 2. ANDACCEPTING MAINTENANCE AND COMPLETION BOND IN THEAMOUNT OF $25,000.00, AS RECOMMENDED BY BOBBY KNESAL,COUNTY ENGINEER

There came on this day for consideration by the Board of Supervisors of

Harrison County, MississiPPi, final approval and acceptance of the plat of

Robinwood Forest Subdivision Phase 10, located in Section 1, Township 6 South,

Range 12 west in supervisor's Voting District 2, First Judicial District of Harrison

county, Mississippi, and the Board having considered said matter finds as

fOllowS, to-wit:

1. That said Plat conforms to the Order of the Board dated January 31,

1974, as appears in Minute Book 90, at pages 114-163, inclusive, as amended,

concerning the platting and subdividing of real property.

2. That Robinwood Forest Subdivision Phase 10 borders on a county owned

and maintained road.

3. That Robert J. Knesal, county Engineer, has recommended that the

county approve and accept said subdivision.

IT IS THEREFORE ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON

COUNTY, MISSISSIPPI, that upon the recommendation of RobertJ. Knesal, P.E., the

plat of Robinwood Forest Subdivision Phase 10, being a subdivision platted

along an existing county owned and maintained road and being located in

Section 1, Township 6 South, Range 12 west in Supervisor'S voting District 2, First

Judicial District of Harrison County, MissisSippi, be and the same is HEREBY

FINALLY APPROVED Al\ID ACCEPTED; and the Board does HEREBY ACCEPT

maintenance and completion bond in the amount of $25,000.00.

3'58

MINUTE BOOKBOARD OF SUPERVISORS. HARRISON COUNTY. MISSISSIPPI J

JUNE 1998 TERM

supervisor C.T. SWITZER, JR. seconded the motion to adopt the above and Jforegoing Order, whereupon the President put the question to a vote with the

following results:


Supervisor LARRY BENEFIELD voted




AYE

AYE

AYE

AYE

AYE


Members present, the President then declared the motion carried and the Order

adopted.


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JUNE 1998 TERM

Supervisor C.T. SWITZER. JR. moved adoption of the following Order:

ORDER AUTHORIZING SIGNING OF CONSENT AGREEMENTPREPARED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY.REGION 4. CONCERNING HARRISON COUNTY PROJECTS WHICHDIRECTLY AND/OR INDIRECTLY AFFECT WETLANDS WITHIN THECOUNTY

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUI\lTY,

MISSISSIPPI, that the Board does HEREBY AUTHORIZE the Board members to

sign the consent agreement prepared by the U.S. Environmental Protection

~ Agency, Region 4, concerning Harrison county projects which directly and/or

indirectly affect wetlands within the county, which is as follows, to-wit:

360


JUNE 1998 TERM

UNITED STATES ENVIRONMENTAL PROTECTION AGENCYREGION 4

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In the Matter of

HARRISON COUNTY BOARD OFSUPERVISORS

RESPONDENT

) Docket No. 404-98-l9C))) Findings of Violation) and) Order on Consent for) Compliance)

CONSENT AGREEMENT

I. STATUTORY AUTHORITY

The following FINDINGS are made and CONSENT AGREEMENT issued under theauthority vested in the Administrator of the U.S. Environmental Protection Agency ("EPA") bySection 309(a) of the Clean Water Act ("CWA"), 33 U.S.c. §13l9(a). The Administrator hasdelegated this authority to the Regional Administrator of EPA, Region 4, who has in turndelegated this authority to the Director of the Water Management Division, who hereby issuesthis Consent Agreement.

II. FINDINGS

The Director hereby finds:

1. Based upon a field investigation conducted on February 25, 1998, by Mr. Mike Wylieof the U.S. Environmental Protection Agency ("EPA") and information provided to EPA by theU.S. Army Corps ofEngineers, Mobile District ("COE"), it bas been determined that HarrisonCounty Board of Supervisors ("Respondent") and/or other persons acting on behalf ofRespondent have discharged fill material into 2.90 acres of waters of the U.S. at a site locatedadjacent to Fernwood School and Debuys Road, Section 32, Township 7 South, Range 10 West,GulfiJOrt, Harrison County, Mississippi ("Discharge Area"), as illustrated in EPA Exhibit Aattached hereto. Discharge occurred during an unauthorized mechanized land clearing operationfor a proposed recreational park complex.

2. These pollutants include earthen material discharged by or at the direction of theRespondent using bulldozers into wetlands.

3. The Discharge Area is a "waters of the United States" within the meaning of the CWAand regulations promulgated thereunder.

4. A bulldozer constitutes a point source within the meaning of the definition set forth inSection 502(14) of the CWA, 33 U.S.c. §1362(14).

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JUNE 1998 TERM

2

5. The discharged material constitutes a pollutant within the meaning ofthe definition setforth in Section 502(6) of the CWA, 33 U.S.C. §1362(6).

6. Section 301(a) of the CWA, 33 U.S.c. §13II(a), makes unlawful the discharge of anypollutant into waters ofthe United States except as in compliance with certain sections of theCWA, including Section 404, 33 U.S.c. §1344. Under Section 404, a pennit is a legalprerequisite to discharges of the type descnoed above.

7. The U.S. Army Corps of Engineers has not issued the Respondent a CWA Section 404pennit authorizing the aforesaid discharges into the Discharge Area. These discharges havetherefore been made in violation ofSection 301(a) of the CWA.

EPA and Respondent have conferred for the purpose of settlement and desire to settle thisaction. EPA and the Respondent agree that settlement of this matter by means of this ConsentAgreement is in the public interest. Respondent admits the jurisdictional allegations set outabove, and neither admits nor denies the factual allegations set out above. Accordingly, beforethe taking of any testimony and without the adjudication of the merits of the parties position,Respondent hereby agrees to comply with the terms of this Consent Agreement.

III. ADMINISTRATIVE ORDER ON CONSENT

Based on the foregoing FINDINGS and having taken into account the nature, circumstances,extent and gravity of the violations, Respondent's prior history of compliance, degree ofculpability, and such other matters as justice may require, including the administrative record, andunder the authority of Section 309(a) of the CWA, 33 U.S.c. §l319(a), mE DIRECTORHEREBY ORDERS AND RESPONDENT HEREBY CONSENTS TO THE PROVISIONSOF THE PARAGRAPHS BELOW.

I. The provisions ofthis Agreement shall apply to and be binding upon the Respondent,its agents, servants, employees, successors and assigns.

2. Respondent agrees to adopt the following resolution:

a. Whereas, from time to time Harrison County, its departments, agencies, boards andcommissions are involved with projects which directly and/or indirectly affect wetlandswithin the County; and

b. Whereas, other governmental departme'l1ts, agencies, boards and commissions, notdirectly under the jurisdiction and control of Harrison County, likewise are involved withprojects which affect wetlands within the county; and

361

362


JUNE 1998 TERM

3

c. Whereas, the Board has determined that it would serve the best interest of HarrisonCounty, its citizens and those departments, agencies, boards and commissions, which areunder its direct jurisdiction and control, if all activities which are directly and/or indirectlyrelated to wetlands have one office to coordinate all such activities realted to wetlands;and

d. Whereas, the Board further finds that all other state or district governmentaldepartments, agencies, boards and commissions, not under the direct jurisdiction andcontrol of Harrison County, should be requested to utilize this designated office tocoordinate all such activities, which may directly and/or indirectly affect wetlands withinthe County; and

e. Whereas, the Office of the Harrison County Engineer shall verifY, either by utilizing aqualified wetland consultant's opinion that has been verified by the Army Corps ofEngineers (CaE), or through a CaE written conclusion, that any activity contemplated bythe County that will place any material on, or excavate in, any land or water in the county,will not require a Clean Water Act Section 404 permit.

3. Respondent shall provide a Final Resolution document incorporating these stipulationswithin 30 days from receipt of this Agreement.

4. All information required in the above items should be sent to:

Ms. Morgan Jackson"EPA Region 4 / 15thWetlands Section61 Forsyth StreetAtlanta, Georgia 30303

5. This Consent Agreement does not constitute a waiver, suspension or modification ofthe terms and conditions of the CWA or any regulations promulgated thereunder. Issuance of orcompliance with this Consent Agreement does not exempt Respondent from responsibility tocomply with all requirements of the CWA, regulations promulgated thereunder, or any legal orderor pennit issued thereunder. Issuance of this Consent Agreement is not an election by the EPA toforego any Administrative, Civil or Criminal activities otherwise authorized under the CWA. ThisConsent Agreement is not and shall not be construed to be a permit under the CWA orregulations promulgated thereunder.

6. Failure by Respondent to comply with the terms of this Consent Agreement maysubject Respondent to further enforcement action.

7. This Consent Agreement shall not be deemed to create any waiver or estoppel orwaiver of any rights and/or defenses by either party as to any third party.

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JUNE 1998 TERM

4

IV. EFFECTIVE DATE

This Consent Agreement shall become effective thirty (30) days after the date of issuance.

FOR RESPONDENTHARRISON COUNTY BOARD OFSUPERVISORS

Mr. Bobby EleuteriusMs. Robin Alfred MidcalfMr. David V. Larosa, Sr.Mr. Larry BenefieldMr. C.T. Switzer, Jr.

Date

FOR THE U.S. ENVIRONMENTALPROTECTION AGENCY

Robert F. McGheeDirectorWater Management DivisionU.S. Environmental ProtectionAgency, Region 4

Date of Issuance


JUNE 1998 TERM

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JEXHIBIT A404-98-19C

Heavy-duly

ROAD CLASSIFICATION

Light-duty

365


JUNE 1998 TERM

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:






AYE

AYE

AYE

AYE

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.


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366


JUNE 1998 TERM

Supervisor ROBIN ALfRED MIDCALf moved adoption of the following

Order:

ORDER APPROVING PAYMENT IN THE AMOUNT OF $937.50 TOEDDIE M. BIGELOW FOR SERVICES RENDERED IN ACQUIRINGRIGHTS-Of-WAY AND EASEMENTS FOR PROJECTS, AS LISTED, ASRECOMMENDED BY ROBERT J. KNESAL, COUNTY ENGINEER

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY APPROVE payment in the amount of

$937.50 to Eddie M. Bigelow for services rendered in acquiring rights-of-way

and easements for the following projects, as recommended by Robert J.

Knesal, county Engineer:

1) 16th Section Road SAP-24(53) - $862.50, payable from account

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150-351-902.

2) Canal Road Sewer project - $75.00, payable from account 412-340-581. ]

supervisor BOBBY ELEUTERIUS seconded the motion to adopt the above








AYE

AYE

AYE

AYE

AYE



the Order adopted.

THIS, the 1st day of June 1998. J* * *

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367


JUNE 1998 TERM

Supervisor ROBIN ALFRED MIDCALF moved adoption of the fOllowing

Order:

ORDER ACCEPTING EASEMENT FROM FREDERICK A. HOLIK FORSIX"rEENTH SECTION ROAD PROJECT SAp·24(S3) AND APPROVINGPAYMENT IN THE AMOUNT OF $10,380.00 THEREFOR, ASRECOMMENDED BY EDDIE M. BIGELOW, CONSULTANT, ANDROBERT J. KNESAL, COUNTY ENGINEER


MISSISSIPPI, that the Board does HEREBY ACCEPT easement from Frederick A.

Holik for sixteenth Section Road project SAP-24(S3l and approving payment in

the amount of $10,380.00 therefor and payable from account 150-351-902, as

recommended by Eddie M. Bigelow, Consultant, and Robert J. Knesal, County

Engineer, said easement being as follows, to-wit:

368


JUNE 1998 TERM

JTIllS DOCUMENT PREPARED BY:

H~ONCOUNTYP.o(tloxccGUIJ::pOR1';-MS' 39502


COUNTY OF HARRISON

INDEXING:

SE 1/4 of NE 1/4 of 18-7-13SAP - 24(53) Parcel No. 7Sixteenth Section Road

GRANTOR: Frederick A. Holik, Jr. _P. e. Box 31' 2'1022 luit:!5:tii()r- 'Ii6llIfpotl, idS 3950Z ~Qkr;~~, ('rTelephone: 601-255-3940 ~"'lS

GRANTEE:' Harrison County15309 Community RoadGulfport. MS 39503Telephone: 601-832-4891

EASEMENT

For and in consideration of Ten Thousand Three Hundred Eighty ($10,380.00) and other goodand valuable considerations, the receipt of which is hereby aclcnowledged. I. the undersigned~A Holil:: Jr" do hereby sell, grant and give unto HARRISON COUNTY, MISSISSIPPI a right-of-wayand perpetual easement, including Improvements located thereon. for roadway construction purposesfor Sixteenth Section Road over the hereinafter described land situated in Harrison County. Mississippi,to wit:

All that part of the SE 1/4 of the NE 1/4 of Section 18, Township 7 South, Range 13 West, described inBoo\:: 1288. Pages 147 and 150 of the Deed Records of the First Judicial District, Harrison County,Mississippi, which lies within 13.0 meters (42.65 feet) North or South of the following describedcenterline:

Commence at the Southwest comer of the SE 1/4 of the NE 1/4 of Section 18. Township 7 South,Range 13 West; then run S 00 degrees 22 minutes 50 seconds E for 0.596 meters (1.96 feet) to the pointof beginning, said point of beginning being Station I +414.076 on the centerline of State Aid Project·SAP - ;!4(53); then run S 89 degrees 58 minutes 03 seconds E aiong said centerline for 409.684 meters .(1.34.11 feet) to a point on the East line of the NE 1/4 nf the SE 1/4 of said Section 18 and thereterminating at Station 1+ 823.760.

Also a 3.0 meter (9.84feet) wide temporary construction easement lying North of and adjacent to theabove described right-of-way from Station 1+619.374 to Station 1+700.

Also a 6.0 meter (19.69 feet) wide temporary construction easement lying North of and adjacent to theabove described right-of-way from Station 1 + 715 to Station 1+775.

Said parcel contains 0.235 Acre.

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The undersigned does hereby warrant to Harrison County that there are no outstanding liens ormfgages on the herein above described property other than those set forth hereafter.

tlAM£ ADI2RES.S

I. NONE JShould the aforesaid rights-of-way and easements be abandoned at any time in the future, then

the easements herein granted shall automatically cease and terminate.

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369


JUNE 1998 TERM

WITNESS my signature, this the ;70 11.... day of /Yl41 ,1998.

V~ddIWtIlFrederick A. Holik, Jr. ,

STATE OF MISSISSIPPICOUNTY OF HARRISON

Personal\J( appeared before mthe undersigned authority in and for the said county and stateon this .;to -r" , day of 1/ l/ . 1998, within my jurisdication, the withinnamed Frederick A Holik Jr wbo acknoWledged that be executed the above and foregoing instrument.

370


JUNE 1998 TERM

ADVERTISEMENT FOR BIDS

The Harrison County Board of Supervisors, Gulfport, Mississippi, will receive bids for:

HARRISON COUNTY SKATE PARK COMPLEXPHASE I IMPROVEMENTS

at HARRISON COUNTY, MISSISSIPPI, at the BOARD MEETING ROOM, FIRST JUDICIALCOURTHOUSE, GULFPORT, MISSISSIPPI, until 2:00 o'clock P.M., THURSDAY, JULY 2,1998 and then at said office, bids will be publicly opened and read aloud.

A single stipulated sum bid for certain bid items will be received for all work required bythe Contract Documents in accordance with the Instruction to Bidders.

Copies may be obtained at the office of the County Engineer, 15309-C Community Road,Gulfport, MS.

Contract Documents, are on file at the offices of the County Engineer at 15309-CCommunity Road, Gulfport, MS and John McAdams, Clerk of the Board of Supervisors at theHarrison County Courthouse, Gulfport, Mississippi.

Bidders shall comply with the laws of the State of Mississippi requiring a Certificate ofResponsibility. The Owner reserves the right to reject any or all bids or to waive anyinformalities in the bidding.

Each bidder must deposit with his bid, security in the amount, form and subject to theconditions provided in the Instructions to Bidders.

Bids may be held by the Owner for a period not to exceed thirty (30) days from the dateof the opening of bids for the pUrpose of reviewing the bids and investigating the qualificationsof Bidders, prior to awarding of the Contract.

By Order of the Board of Supervisors, adopted the~ day of_-=J-=u.:.:.ne=--- , 1998.

John McAdamsClerk of the Board of SupervisorsHarrison County, Mississippi

By _

(SEAL)

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:171


JUNE 1998 TERM

Supervisor DAVID V. LAROSA, SR. seconded the motion to adopt the








AYE

AYE

AYE

AYE

AYE

I



the Order adopted.


I

* * *

372

MINUTE BOOKBOARD OF SUPERVISORS. HARRISON COUNTY. MISSISSIPPI

JUNE 1998 TERM

Supervisor C.T. SWITZER, JR. moved adoption of the following Order: JORDER AU"rHORIZING ADVERTISEMENT TO ACCEPT BIDS FOR THEHARRISON COUNTY SKATE PARK COMPLEX PHASE IIMPROVE·MENTS, AS RECOMMENDED BY ROBERT J. KNESAL, COUNTYENGINEER


MISSISSIPPI, that the Board does HEREBY AUTHORIZE advertisement to accept

bids for the Harrison County Skate Park Complex Phase I Improvements, as

recommended by Robert J. Knesal, County Engineer.








supervisor C. T. SWITZER, JR. voted

AYE

AYE

AYE

AYE

AYE

J


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

the Order adopted.


* * *

Mr. Richard Faulk appeared before the Board to discuss his drainage

problem on Daugherty Road, District 3. Ed Ott or Bobby Knesal with

the Engineering Department will look at the problem and report back at

a later date.

J

* * *

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373


JUNE 1998 TERM


Order:

ORDER AUTHORIZINCi THE ROAD DEPARTMENT TO WORKOVERTIME ON JUNE 13,1998, IN PARTICIPATION WITH THE CITYOF CiULFPORT'S CLEANUP PROJECT IN THE FOREST HEICiHTSCOMMUNITY


MISSISSIPPI, that the Board does HEREBY AUTHORIZE the Road Department to

work overtime on June 13,1998, in participation with the City of Gulfport's

cleanup project in the Forest Heights community.




I Supervisor BOBBY ELEUTERIUS voted AYE

Supervisor LARRY BEI\IEFIELD voted AYE

Supervisor DAVID V. LAROSA, SR. voted AYE

Supervisor ROBIN ALFRED MIDCALF voted AYE

Supervisor C. T. SWITZER, JR. voted AYE



the Order adopted.


I* * *

374


JUNE 1998 TERM

Supervisor ROBIN ALFRED MIDCALF moved adoption of the following JOrder:

ORDER ACCEPTING PIT OPTION FROM THE EDWARDS GRAVEL PITFOR CLASS 9 FILL MATERIAL AT A PRICE OF $1.00 PER CUBICYARD, AND AUTHORIZING THE ROAD MANAGER TO EXECU·rESAME


MISSISSIPPI, that the Board does HEREBY ACCEPT Pit Option from the Edwards

Gravel Pit for Class 9 Fill Material at a price of $1.00 per cubic yard, and

authorizing the Road Manager to execute same, said pit option being as

fOllows, to-wit:

]

J

375


JUNE 1998 TERM

IDate __S---"I-~_.;(---'il-!_98 ~~_

(name of pit & Dialling address)

TO WHOM IT MAY CONCERN:

I, f:RJlrJK 5!PfJ.K2ci f JIJJJ.rdS ,of Edwards Grave. L ~.\

Liq - 5~+h 5-1:.reet GU-IFpor-t , (f)S ;J1S0!

agree to allow Harrison County, Mississippi, to bring equipment,such as draglines, backhoes, front-end loaders and trucks onto mypit located at (-Iw~ t.e7 I~ flDr-th DF £as-t

/)Jor-t:hC1 rn Rmd(physical address)

Ifor the purpose of digging, loading and hauling unprocessed class 9

fill material for a price of # /. C!2 per cubic yard. ftUh~ie Fti.-LSndj'---

I further certify that the charge here made does not exceed the costto the general public of such item in the same quality andquantities.

re-eL X/lv$--(signedl

S7tJ$(MS County Vendor License No.)

eli- ~S$C(mining permit No.)

I

376


JUNE 1998 TERM




J






AYE

AYE

AYE

AYE

AYE



the Order adopted.


]* * *

]

I

377

MINUTE BOOKBOARD OF SUPERVISORS, HARRISON COUNTYJ MISSISSIPPI

JUNE 1998 TERM


Order:

ORDER ADJUDICATINC BURIAL OF ONE DEAD HORSE ON CROWNROAD IN SUPERVISOR VOTINC DISTRICT THREE


MISSISSIPPI, that the Board does HEREBY ADJUDICATE burial of one dead horse

on Crown Road in Supervisor Voting District Three, the veterinarian's

certificate being on file with the Clerk of the Board.


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


Supervisor BOBBY ELEUTERIUS voted AYE

I supervisor LARRY BENEFIELD voted AYE





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

the Order adopted.


* *

I

378


JUNE 1998 TERM

Supervisor BOBBY ELEUTERIUS moved adoption of the following Order: ]

ORDER ADJUDICATING OVERTIME IN THE ROAD DEPARTMENT, ASPER LIST ON FILE WITH THE CLERK OF THE BOARD, ANDAPPROVING BUDGET ADJUSTMENT FOR SAME


MISSISSIPPI, that the Board does HEREBY ADJUDICATE overtime in the Road

Department, as per list on file with the Clerk of the Board, and approving

budget adjustment for same.







Supervisor ROBIN ALFRED IVIIDCALF voted


AYE

AYE

AYE

AYE

AYE

]


the Supervisors present, the president then declared the motion carried and Jthe Order adopted.


* *

]

I

379

MINUTE BOOKBOARD O~~ SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

JUNE 1998 TERM

supervisor ROBIN ALFRED MIDCALF moved adoption of the following

Order:

ORDER ACCEPTINC RESICNATIONS, AS LISTED


MISSISSIPPI, that the Board does HEREBY ACCEPT the following resignations:

David Dobson, Road/Long Beach Work Center, Equipment Operator I,

effective May 13, 1998.

Ernest LeBatard, Road/Woolmarket Work center, Equipment Operator II,

effective May 22, 1998.

Charles Matheny, Parks & Recreation, Mower operator/Maintenance,

effective June 1, 1998.

Anthony polite, Parks & Recreation, Mower operator/Maintenance,

I effective May 13,1998.

Jervis peterson, Road/Lyman Work Center, operator I, effective May 15,

1998.

Lynn smith, Tourism, Assistant Bookkeeper, effective May 5,1998.

Amy womack, Human Resources, Program Aide, effective May 16,1998.


above and foregoing order, whereupon the president put the question to a

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 IVIIDCALF voted AYE

supervisor C. T. SWITZER, JR. voted AYE



the Order adopted.


380


JUNE 1998 TERM


Order:

ORDER CONCURRING wrrH COUNTY ADMINISTRATOR ONEMPLOYMENT AND VARIOUS CHANGES, AS LISTED


MISSISSIPPI, that the Board does HEREBY CONCUR with the County

Administrator on employment and various changes, as follows:

Mark Crawford, Sand Beach, Equipment Operator I, salary change from

$7.15 per hour to $7.50 per hour, effective OS/22/98 (moving into Dorothy

Saucier's pay Slot, whose salary was $7.50 per hour).

Imogene Galloway, Building & Grounds, Housekeeping, temporary, full

time at a rate of $6.00 per hour, effective OS/26/98 (filling in for Mary Kent

who is out on medical leave).

Jill Meucci, Tourism, Meetings Manager, regular fUll time at a rate of

$916.67 bimonthly, effective 06/01/98 (replacing Crystal Johnson who was

making $875.00. Increase in salary due to experience. Within budget from

Carol Wilkerson's salary).

Karla Smith, Human Services, Eligibility worker, temporary fUll time at a

rate of $7.00 per hour, effective 06/01/98.

Brandon Elrod, going from Parks & Recreation to Fairgrounds, regular

fUll time with a salary increase from $515.06 bimonthly to $568.75 bimonthly,

effective 06/01/98 (replacing Charles Matheny who was making $568.75

bimonthly).

Kenneth Saucier, going from Parks & Recreation to Fairgrounds, regular

full time with a salary increase from $515.06 bimonthly to $568.75 bimonthly).

effective 06/01/98 (replacing Anthony Polite who was making $568.75

bimonthly).

J

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381


JUNE 1998 TERM







supervisor ROBIN ALFRED MIDCALF voted


AYE

AYE

AYE

AYE

AYE

I


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

the Order adopted.


I

* * *

382


JUNE 1998 TERM


Order:

ORDER CONCURRINC WITH ROAD DEPARTMENT ON EMPLOYMENTAND VARIOUS CHANCES, AS L1SrED


MISSISSIPPI, that the Board does HEREBY CONCUR with the Road Department

on the following employment and various changes:

L. J. Derouen Jr., Road/Bridge & Traffic, part time Bridge Tender at a rate

of $5.68 per hour, effective 5/18/98 (replacing George Penton who transferred

from the Wilkes Bridge to the Popps Ferry Bridge>.

Grant Scarborough, Road/Bridge & Traffic, part time Bridge Tender at a

rate of $5.68 per hour, effective 5/18/98 (replacing Gloria vangness who was

making $5.68 per hour>.

Donald Cates, RoadlWoolmarket Work Center, Equipment Operator II,

regular full time at a rate of $775.03 bimonthly, effective 05/18/98 (replacing

Sunnie palode who was making $775.03 bimonthly>.

Albert Ahern, Road/D'Iberville Work center, Laborer, temporary full time

at a rate of $5.25 per hour, effective 06/01/98 (summer help).

Phillip Adams, Road/D'Iberville Work Center, Laborer, temporary full time

at a rate of $5.25 per hour, effective 06/01/98 (summer help>.

Andrew Dedeaux, Road/Lyman Work Center, Laborer, temporary full

time at a rate of $5.25 per hour, effective 06/01/98 (summer helpl.

Matthew Elias, Road/Long Beach Work Center, Laborer, temporary full

time at a rate of $5.25 per hour, effective 06/01/98 (summer helpl.

Dawn Daniels, Road/orange Grove Work center, Office Help, temporary

fUll time at a rate of $5.25 per hour, effective 06/01/98 (summer helpl.




J

]

]

383


JUNE 1998 TERM

I Supervisor BOBBY ELEUTERIUS voted



supervisor ROBII\I ALFRED MIDCALF voted


AYE

AYE

AYE

AYE

AYE



the Order adopted.


I

I

* * *

384


JUNE 1998 TERM

]

Supervisor C.T. SWITZER. JR, moved the

adoption of the following Order:

AN ORDER OF THE HARRISON COUNTY BOARD OF SUPERVISORSDIRECTING ALL ELECTED OFFICIALS AND DEPARTMENTHEADS TO REPORT THE STATUS OF ALL PERSONNEL,WITHIN THEIR JURISDICTION, FOR THE DETERMINATIONOF INSURANCE ELIGIBILITY, AND FOR RELATED PURPOSES.

WHEREAS, it has come to the attention of the Harrison County

Board of Supervisors (hereafter "the Board") that a lack of

communication between certain elected officials and certain

department heads, concerning the current status of employees, has

resulted in instances where County employees received medical

insurance benefits when they were not eligible for same; and

WHEREAS, this lack of communication has resulted in the

County's expenditure of substantial funds to pay medical

coverage/benefits for such employees, who due to their employment

status, were not entitled to same; and

WHEREAS, the Board finds that it would be prudent to adopt a

County wide policy, which would mandate, that all elected

officials and department heads report the status of all employees

under their jurisdiction as of June 15, 1998, and thereafter,

upon any material change in the employment status of any

employee, to immediately report same to the County Personnel

Department.

NOW THEREFORE BE IT ORDERED BY THE BOARD OF SUPERVISORS

OF HARRISON COUNTY, MISSISSIPPI, AS FOLLOWS:

]

]

385


JUNE 1998 TERM

I

SECTION I: The Harrison County Board of Supervisors does

hereby establish and adopt a County wide policy concerning the

reporting of the employment status of all County employees.

SECTION II: All elected officials and County department

heads, shall, on or before July I, 1998, advise the County

~ Personnel Department of the current employment status of all

employees, under their jurisdiction.

SECTION III: From and after July I, 1998, all elected

officials and department heads shall, within five (5) working

Idays after any material change in the employment status of any

employee under their jurisdiction, so notify the County Personnel

Department.

SECTION IV: All elected officials, department heads and

County employees shall be advised of this policy with regard to

the status of all County employees.

Supervisor __~B~O~B~B~Y~E_L_E_U_T_E_R_I_U__S __ seconded the motion

to adopt the above and foregoing Proclamation whereupon the

President put the question to a vote with the following results:

Supervisor BOBBY ELEUTERIUS voted, AYE

Supervisor ROBIN ALFRED MIDCALF voted, AYE

Supervisor DAVID V. LAROSA, SR. voted, AYE

Supervisor LARRY BENEFIELD voted, AYE

Supervisor C.T. SWITZER, JR. voted, AYE

The majority of the members present having voted in theII affirmative, the President then declared the Motion carried and

the Proclamation adopted on this the I--=-----___J=--u=:n:.:.e::..- , 1998.

*

day of

386


JUNE 1998 TERM

supervisor ROBIN ALFRED MIDCALF moved adoption of the following JOrder:

ORDER APPROVING PAYMENT OF ACCIDENT RELATED CLAIMS,AS LISTED


MISSISSIPPI, that the Board does HEREBY APPROVE the following accident

related claims, to-wit:

1) $285.07 to Associated Adjusters, Inc., for services rendered on

claimant Calvin Smith.

2) $555.07 to Associated Adjusters, Inc., for services rendered on

claimant Charles Treece.


above and foregoing Order, whereupc:l the President put the question to a Jvote with the following results:




Supervisor ROBIN ALFRED rvIlDCALF voted


AYE

AYE

AYE

AYE

AYE



the Order adopted.


* * * JSheriff Price reported that there are currently 1012 inmate housed in

the Harrison County Jail facilities.

* * *

I

I

I

387


JUNE 1998 TERM

Supervisor BOBBY ELEUTERIUS moved adoption of the following Order:

ORDER APPROVING AMENDMENTS TO THE SHERIFF'S BUDGETFOR OVERTIME DUE TO GUARDING INMATES AT MEMORIALHOSPITAL AT GULFPORT AND MANNING THE COMMUNICATIONSDIVISION AND ADMINISTRATIVE OFFICES FOR THE LONG BEACHPOLICE DEPARTMENT FOLLOWING THE RECENT OFFICER-RELATEDSHOOTINGS


MISSISSIPPI, that the Board does HEREBY APPROVE amendments to the

Sheriff's Budget for overtime due to guarding inmates at Memorial Hospital

at Gulfport and manning the communications division and administrative

offices for the Long Beach Police Department following the recent

officer-related shootings, said amounts and accounts being as follows, to-wit:

388MINUTE BOOK


JUNE 1998 TERM

Sherifrs OvertimeJune 1, 1998 Board Meeting

J001-139 BaliffsfTransportlDeputies001·204 Records Division001-220 Jail Facilities001-230 Communications001-532 Jail Law Library

$ 940.73$ 564.63$ 1,023.49$ 507.72$ 212.04$ 3,248.61

This worksheet does not include FICA, Worker's Compensation, Medicaid, and Retirementaccounts, which would also increase.

Breakdown by accountReason Dates Deputy Amount Account

Guarding lrunate @ Hospital 5/9, 5/13 Jeffries, J $ 157.50 001-13 9-402Guarding lrunate @ Hospital 5/9/98 JutrasrM $ 106.20 001-13 9-402Guarding Irunate @ Hospital 5111/98 Minton, T $ 106.20 001-139-402Guarding Irunate @ Hospital 5/6,5/7 Minton, T $ 146.03 001-139-402 JGuarding Irunate @ Hospital 12-May Johnson, N $ 106.20 001-139-412Guarding Irunate @ Hospital 7-May Patton, D $ 106.20 001-139-432Guarding Inmate @ Hospital 5114 & 5/14 Patton, D $ 212.40 001-139-432

$ 940.73

Assisting LBPD 5/6 - 5110 Pitts, W $ 564.63 001-204-401

Assisting LBPD 5/8, 5110 Irwin, Nancy $ 254.40 001-220-432Guarding Inmate @ Hospital 5/7/98 Weaver, J $ 106.20 001-220-432Guarding Inmate @ Hospital /la, 5/11, 5/13 Rothery, J $ 343.19 001-220-432Guarding Inmate @ Hospital 5111, 5/12 Brjant, G $ 141.75 001-220-432Guarding Irunate @ Hospital 5/13/98 Morris, G $ 106.20 001-220-432Guarding lrunate @ Hospital 5/14/98 Feranda, L $ 71.75 001-220-432

$ 1,023.49

Assisting LBPD 5/9/98 Saucier, C $ 106.20 001-230-431Assisting LBPD 5/6 - 5/7 Trochesset, J $ 168.00 001-230-431Assisting LBPD 5/6, 5/8, 5/9 Hampton, J $ 233.52 001-230-431

$ 507.72

JAssisting LBPD 5/9/98 Herman, M $ /.12.04 001-532-409

I

389


JUNE 1998 TERM









AYE

AYE

AYE

AYE

AYE

I



the Order adopted.


I

* * *

II

390


JUNE 1998 TERM

Supervisor BOBBY ELEUTERIUS moved adoption of the following Order: JORDER APPROVINC CLAIMS DOCKET FOR 'rHE MONTH OF MAY1998, AS PER STATUTE


MISSISSIPPI, that the Board does HEREBY APPROVE the Claims Docket for the

month of May 1998, per statute, the Claims Docket being available for review

in the Board of Supervisor'S Conference Room on June 1,1998.









AYE

AYE

AYE

AYE

AYE

J



the Order adopted.


* *

J

I

391


JUNE 1998 TERM


ORDER SPREADING ON THE MINUTES OF THE BOARD A$49,797.00 GRANT AWARDED TO HARRISON COUNTY BY THEU.S. DEPARTMENT OF JUSTICE FOR USE BY THE SHERIFF'SDEPARTMENT, AND AGREEING TO PROVIDE A CASH MATCH INTHE AMOUNT OF $5,533.00 OVER THE TWO-YEAR GRANT PERIOD


MISSISSIPPI, that the Board does HEREBY SPREAD ON THE MINUTES of the Board

f

I

a $49,797.00 grant awarded to Harrison County by the U.S. Department of

~ Justice for use by the Sheriff's Department, said award being as follows, to

wit:

I

I

392MINUTE BOOK


JUNE 1998 TERM

-=-~.\$Nro~ u.s. DEPARTMENT OF JUSTICE AWARD

•OFFICE OF lUSTlCE PROGRAMS

~.. :.a:: •g 0 OIP ~ lilA 0 OllDP [!] GRANT PAGE IOF 6, .0 0 0 0~o~ '" ~~

illS NlJ OVC COOPERATIVE AqREEMENT

~"STIC"W'CHECK APPROPRlATE 1l0X--=--

J. GRANTEE NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 97LBVX5057 ~County of H3lTison18012Jrd Avenue 5. PROJECT PERJOD: FROM 10101197 TO 09130199Gulfport, MS >9502

BUDGET PERJOD: FROM 10101197 .TO 09130199

IA. GRANTEE IRSNENOOR NO. 64600Z425 6. AWARD DATE 09f30197 7. ACTION

2. SUBGRANTEE NAME AND ADDRESS(lnciuding Z'p Code) 8. SUPPLEMENT NUMBER [!] Initial

0 Supplcmenlal

2A. SUBGRANTEE IRSNENOOR NO. 9. PREVIOUS AWARD AMOUNT 50.00

J. PROJECT TITLE 10. AMOUNT OF THIS AWARD 549.797Local Law Enforcement Block Grants Program ~ FY 1997

11. TOTAL AWARD 549.79~ -. ,I- -~

12. SPECIAL CONDITIONS (Cheek, if applicable)

[!] THE ABOVE GRANT PROJECT IS APPROVEDSU~TO SUCH CONDITIONS OR LlMJTATlONS AS ARE SET FORTH ..ON THE ATTACHED 5 PAGES • .

13. STATUTORY AUTHORJTY FOR GRANT

0 TITLE I OF THE OMNIBUS CRlME CONTROL AND SAFE STRlEETS ACT OF \968.42 USC. 3701, ET. SEQ., AS AMENDED

0 TITLE 2 OF THE JUVENILE JUSTf!;E AND DELINQUENCY PRlEVENTION ACT OF 197442 U.S.C. 5601, ET. SEQ., AS AMENDED

0 VICTIMS OF CRlME ACT OF 1984,42 U.S.C. 10601, ET SEQ., PUBLIC LAW 98-41J,AS AMENDED

[!] OTHER (Specify): Omnibus Appropriations Act of 1997

14. FUTURE FISCAL YEAR(S) SUPPORT:

SECOND YEI\R'S BUDGET PERIOD: NIAAMOUNT OF FUNDS: NIA mE OF FUNDS:

THIRD YEAR'S BUDGET PERJOD: NlAAMOUNT OF FUNDS: NIA TYPE OF FUNDS:

IS. METHOD OF PA YMENTTHE GRANTEE WILL RlECEIVE CASH VIA A LETTER OF CREDIT 0 YES 0 NO .,

~mijlUl!m AGENCY I\PPROVAL ME-M+*@WWtH EffidijtijH&iH!HHtttt! GRANTEEE ACCEPTANCE IE!@liUl!lHlIllII!lI$'.IElilj!llI

16. TYPED NAME AND TITLE OF APPROVING OJP OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORlZED GRANTEE OFFICIAL

- Nancy E. Gist, Director Larry Benefield

Bureau of Juslice Assistance Supervisor

17. SIGNATURlE OF APPROVfNG OlP OFFICIAL 19S1GNATURlEOF AUTHORIZED GRANTEE 19A. DATE

m~~:T tiP'

I ~..:.1..-q-·q9

~Ol!NTING CLASSIFICATION CODESAGENCY USE ONLYi##M!!!t!!l!!Il1llfitlllfilllllllll

FISCAL FUND BUD DIV. ['''00__YEAR CODE ACT. OFC. REG. SUD. rOMS AMOUNTX V IT "'80 DO 00 - ---

JP RM 400012 (REV. 5·81) PRlEVIOUS EDiTIONS ARE OBSOLETE -------------

J

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I

393


JUNE 1998 TERM

PAGE 2 OF 6

SPECIAL CONDITIONSJ-

1 . The recipi"ent agrees to comply with the financial and administrative requirements set forth in tile current edition of the Officeof lustice Programs (OlP) Financial Guide.

I2. The recipient agrees to comply with the organizational audit requirements of the applicable OMS audit circular. The first audit

report period should be for 10/01/96 to 09/30/97. The management letter outlining audit findings, submitted by the auditingorganization, must be submitted with the audit report. Grantee audit reports must be submitted no later than thirteen (13)months after the close of each fiscal year during the term of the award.

Recipients who receive S100,000 or more of federal funds during their fiscal year, are required to submit an organization-widefinancial and compliance audit report. Recipients who receive S25,000 to S100,000 offederal funds, are required to submit aprogram or organization-wide audit report as directed by the granting agency. Recipients who receive less than $25,000 offederal funds, are not required to submit a program or organization-wide fmaneial and compliance audit report for that year.

Note: If your audit disclosed findings or recommendations you must include with your audit report, a COllective action plan _.containing the following: ..'

l)2)3)4)

The name and phone number of the contac~erson responsible for the corrective action plan.Specific steps taken to comply with the r~mmendations. •Timetable for performance andlor implementation dates for each recommendation. _Descriptions of monitoring to be conducted to ensure implementation.

, The submissions of audit reports for all grantees shall be as follows:

I) Mail original and one (I) copy of the completed audit report to:

U.S. Department of lustice

2) Mail one (J) copy of the completed audit report to:

Federal Audit ClearinghouseBureau ofthe Census120 I E. 10th StreetJeffersonville, fN 47 I32

I3) Mail a copy of the Cover (transmittal) letter to:

Office of the ComptrollerOffice of Justice ProgramsAttn: Control Desk, 5th Floor - Audit Division810 Seventh Street, NWWashington, D.C. 20531

OIP FORM/2 (REV. 5-87) PREVIOUS EDITIONS ARE ODSOLETE


JUNE 1998 TERM

J

CHECK APPROPRIATE BOX

U.S DEP.... .<lENT OF JUSTICE

OFFICE OF JUSTICE PROGRAMS

o OJP 0o BJS 0

BJA 0 OJJDP

NIJ 0 OVC

AWARD CONTlt-ouATIONSHEET

o GRANT

o COOPERATIVE AGREEMENT

PAGE 3 OF 6

PROJECT NUMBER 97lBVX5057 AWARD DATE 9130197/------ ..---1- _

SPECIAL CONDITIONS

3.

4.

The recipient shall submit one copy ofall reports and proposed publicalions resulting from this agreement twenty (20) daysprior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government'sexpense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analyses.)

"This project was supported by Grant No. 97LBVX5057 awarded by the Bureau of Justice Assistance, Office of JusticePrograms, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarilyrepresent the official position or policies of the U.S. Department of Juslice."

The recipient agrees to provide infonnation required for the nalional evaluation. J5 . The recipient agrees to provide $5,533 over the grant period in a cash malch. The recipient is reminded thllt'lhe match funds

are auditable under Special Condition #2 and will be binding to the recipient.

6 . The recipient agrees to submit, at a minimum, semi·annual reports on its p~og~malic activities. The first programmatic .. ,",report will be due on January 30,1998, covering the period of October . December, 1997. The next report will be due on July3J, 1998 and cover the period of Janaary • June, 19?8. The next report should cover the next six month period and is due thirty(30) days after the end of the six month period forAbe tenn of the award. A fmal report on the programmatic activities is due120 days following the end of the grant period. I - .

7 . The recipient agrees to establish a trust fund in which all payments received under this Program must be deposited. For thepurposes of this grant, a trust fund is an interest bearing account that is specifically designated for this Program. Onlyallowable program expenses can be paid from this account. This fund may not be used to pay debts incurred by otheractivities beyond the scope of the Local Law Enforcement Block Grants Program. The recipient also agrees to Obligate andexpend the grant funds in the trust fund (including match and interest earned) during the 24 month tenn of the award.

8 . The recipient agrees to submit quarterly financial reports. The fmancial report is due 45 days after the end of each calendarquarter. A final financial report is due 120 days following the end of the grant period.

9 . The recipient agrees to supplement and not supplant state or local funds.

10. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is requiredto submit one pursuant to 28 CFR section 42.302), that is approved by the Office for Civil Rights, is a violation of its CertifiedAssurances and may result in funds from the award being frozen,. until such time as the recipient is in compliance.

11. The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement officers andsupport personnel, as described in the applicable purpose area of SUbpart A section to I (a)(2), that the recipient unit of localgovernment will achieve a net gain in the number of law enforcement officers who perform nonadministrative public safetyservice. J

-O-JP-F-0RMi2-(REV:5.87)P=R=EV=IO=U=S=ED=IT=IO=N=S~A=RE~O=B~SO""L-;=ET""E---------------~-----,...--l

I

395


JUNE 1998 TERM

U.S. DEPA.. .ENT OF JUSTICE


o OJP [!J BJA 0 OJJDP

o BJS 0 NuD OVC

CHECK APPROPRJATE BOX

AWARD CONTINvATIONSHEET

o GRANT

o COOPERATIVE AGREEMENT

PAGE 4 OF 6

PROJECT NUMBER 97LBYX5057 AWARD DATE 9130/97

I

I

12.

13.

14.

SPECIAL CONDITIONS

The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement officers andsupport personnel, that the units oflocal government will establish procedures to give members of the. Armed Forces who, onor after October I, 1990, were or are selected for involuntary separation (as described in section 1141 ofTitle 10, United StatesCode), approved for separation under section 1174a or 1175 of such title, or retired pursuant to the authority provided under

section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law102-484; 10 U.S.C. 1923 note), a suitable preference in the employment of persons as additional law enforcement officers orsupport personnel.

The recipient agrees if funds are used for enhancing security or crime prevention, that the unit of local govemment--

(a) has an adequate process to assess the impact of any enhancement of a school security measure that is undertaken undersubparagraph (B) of section 101(a)(2), or any crime prevention programs that are established under subparagraphs (C) and (E)of section 101 (a)(2), on the incidence ofcrime in the geographic area where the enhancement is undertaken or the program isestablished;

(b) will conduct such an assessment with respect to each such enhancement or program; and

(c) will submit to the Bureau of lustice ASSistanc~annual written assessment report.

The recipient agrees that prior to the obligation and expenditure ofany Local Law Enforcement Block Grants (LLEBG) funds,at least one (I) public hearing will be held regarding the proposed use(s) of the grant funds. The recipient will providenotification to BlA, through the submission cfthe Follow-Up Information Form, on the contents of the hearing. BlA willreview the form for compliance with enabling legislation and issue to the recipient a Grant Adjustment Notice (GAN). Untilthe issuance of the GAN, the recipient may not obligate or expend LLEBG funds. At that hearing, persons shall be given anopportunity to provide written and oral views to the recipient on the proposed useCs) of the grant funds. The recipient willhold the public hearing at a time and place that allows and encourages public attendance and participation.

..:

OlPFORM/="2-OI"R''''E'y'CC.So-.~87"')~P~R~E"'V""IOU"Sc;E=;·D"'I"'T;-;IO'-N"'So-A=RE=O"'B"'S"'O"'L"ET=E-------------------------------'

396


JUNE 1998 TERM

J

CHECK APPROPRIATE BOX

U.S. DEPAl- .ENT OF JUSTICE


o OJP 0o BJS 0

BJA 0 OJJDP

NIJ 0 OVC

AWARD CONTINuATIONSHEET

[!] GRANT

D COOPERATIVE AGREEMENT

PAGE 5 OF 6

PROJECT NUMBER 97LBVX5057 AWARD DATE 9/l0197

15. The recipient agrees that prior to the obligation or expenditure ofany Local Law Enforcement Block Grants (LLEBG) funds, adesignated or newly established advisory board will meet to discuss the proposed (purpose area) use of the grant funds. Therecipient will designate the advisory board to make nonbinding recommendations to the recipient for the use of funds under

the LLEBG Program. Membership on the advisory board must include a representative from the following, however it may bebroader:

a)

b)

c)

SPECIAL CONDITIONS

the local police department or local sheriffs department;

the local prosecutor's office;

the local court system;

Jd) the local school system; and

e) a local nonprofit, educational, religious. or community'group active in crime'prevention ordrug use prevention or treatment.

The advisory board must review the proposed usejl'the funds under the LLEBG Program.

The recipient will provide notification to BJA, through the submission of the Follow-Up Information Form, on the advisoryboard. BJA will review the form for compliance with enabling legislation and issue to the recipient a Grant Adjustment Notice(GAN). Until the issuance of the GAN, the recipient may not obligate or expend LLEBG funds.

16. Due to the certification of a disparate allocation situation by the Mississippi Anomey General under the section I04(b) (9) ofthe enabling legislation, the recipient agrees to submit the enclosed Joint Spending Plan for this Program with the followingjurisdictions:

City of Gulport

17.

The recipient ALSO agrees not to obligate or expend any funds under this Program until such time as the aITectedjurisdictions have submined the Joint Spending Plan to the Bureau of Iustice Assistance (BJA). Upon receipt of thedocuments, BJA will review the Joint Spending Plan for compliance with the statule and issue a Grant Adjustment Notice(GAN) releasing this special condition. Upon the issuance of said GAN, aITected jurisdictions may begin to obligate andexpend funds consistent with the approved Joint Spending Plan.

The recipient has certified it is in compliance with the Public Safety Officers Health Benefits Provision (section 615 of the FY1997 Omnibus Appropriations Act) and agrees to remain in compliance during the term of the award. This provision requiresthe unit ofgovernment which employs a public safety officer (as defined by section 1204 of title I of the Omnibus CrimeControl and Safe Streets Act of 1968, as amended) who retires or is separated from service due to injury suITered as a directand proximate result ofa personal injury sustained in the line of duty while responding to an emergency situation or a hotpursuit (as such terms are defined by state law) with the same or bener level of health insurance benefits as would be paid bythe unit of govemmeru aLthe ti"le of retireme~tor separation, under a normal retirement plan.

J

OIP FORMI2 (REV. 5-87) PREVIOUS EDITIONS ARE OIlSOLETE

397

MINUTE BOOKSOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

JUNE 1998 TERM

I

PAGE 6 OF 6

9130/97

AWARD CONTINUATIONSHEET

~ GRAJIIT

I J COOPERhTIVEAOREEMENT

"wA!lJ) DATE

u.s. DEPARTMENT OF JUSTICE;

OFFICE OF IUSTICE PROOMMS

o OIP L!J BIA I I OJJDP

OBIS 0 NIJ I I ave

97LBVX50S7

_------=::.... CHECKAPPllOPRlATE BO"

PROIECTNUMBER

SPECIAL CONDITIONS

.• IS. By signing below, the recipient is requesting payment under the LLEBG Program. In order to CD5IIl"e prompt paym~nt andcompliance with new U.S. Department ofTrcasury requirementS that all grant payments be issued el~etronieally, the followinginformation must be completed as part of the signed accepted award documents. Failure to supply this information will deJay

your payment. .

IGrantee Natne: \jABal socl Call c.f+~(e.g., City of, COUllty of, Parish of, erc.)

VendororEINNumber: /044 Dao l.\-J,S(Please use number provided in #lA aD the award document)

FinaneiallnstitutIon Name: T ~lc: PFC'<pl E 'S BAtHS.

FinanciallnstitutionAddress: PO, QRe"l.-a S':lCl B,\,I'''''Jl'\S 39S33·[l5,;;J9'-. -.".. ~, .~- ~- ......\

Bank Contact Name and Phone Number. IONl m'o N-t , FoRiE:

Nine-digit ROUti~ranSitNumber: OL.S 5 0 015.0,

Grantee AccoUllt Number: I 5 \ 800 6(This account should fulfill tho trust furid requirement)

By signing the.. Special Conditions, the recipient is accepting the conditions and agrees to comply with them during the tennof the .w.u-d. The recipient is also requesting payment of the LLEBG funds.

Signature~~

I

1_- _ ___.OIP FORM12 (REV. S-81) PREVIOUS EDmONS ARc OBSOLETIJ

C,,"" J

398


JUNE 1998 TERM

IT IS FURTHER ORDERED that the Board does HEREBY AGREE to provide a Jcash match in the amount of $5,533.00, over the two-year grant period.









AYE

AYE

AYE

AYE

AYE



the Order adopted.


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399


JUNE 1998 TERM

Supervisor BOBBY ELEUTERIUS moved adoption of the fOllowing Order:

ORDER ACKNOWLEDOINCi RECEIPT OF CHECKS FROM THESHERIFF'S DEPARTMENT, AS LISTED, TO BE DEPOSITED IN THEPROPER ACCOUNTS BY THE CHANCERY CLERK


MISSISSIPPI, that the Board does HEREBY ACKNOWLEDGE receipt of the

following checks from the Sheriff's Department, to be deposited in the

proper accounts by the Chancery Clerk, to-wit:

1) Check 1\10. 026664 in the amount of $3,542.90, from the City of Pass

Christian, for victualization of prisoners.

2) Check No. 405068 in the amount of $11.46, from Griffin Industries, Inc.

3) Check No. 5299665 in the amount of S8.00, from the state of

MisSissippi.

4) Check No. 24087 in the amount of S65.74, from Central vending

Company, Inc.

5) Check 1\10. 23890 in the amount of S98.58, from Central vending

Company, Inc.


above and foregoing order, whereupon the president put the question to a

vote with the fOllowing results:

The motion having received the affirmative vote from the majority ofI






AYE

AYE

AYE

AYE

AYE


the Order adopted.


* * *

400


JUNE 1998 TERM


ORDER APPROVING PAYROLL FOR POLL WORKERS WORKING THEJUNE 2, 1998 ELECTION PRIMARY


MISSISSIPPI, that the Board does HEREBY APPROVE payroll for poll workers

working the June 2,1998 election primary.




J




supervisor ROBIN ALFRED IVIIDCALF voted


AYE

AYE

AYE

AYE

AYEJ



the Order adopted.


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JUNE 1998 TERM


Order:

ORDER APPROVINC PAYMENT OF CLAIM TO PROFESSIONALCOMPUTER SOFTWARE SERVICES IN THE TOTAL AMOUNT OF$51,989.79, FOR PROFESSIONAL SERVICES RENDERED FOR THEUNIFIED COURT SYSTEM


MISSISSIPPI, that the Board does HEREBY APPROVE payment of claim to

Professional computer Software Services in the total amount of $51,989.79,

for professional services rendered for the Unified Court System, payable

from fund #001-895-935, and being itemized as follows:

1) $22,000.00 Invoice NO. 2658.

2) $11,000.00 Invoice No. 2659.

3) $11,000.00 Invoice No. 2660.

4) $700.00 Invoice NO. 2702.

5) $700.00 Invoice No. 2703.

6) $5,189.79 Invoice No. 2710.

7) $700.00 Invoice No. 2711.

8) $700.00 Invoice No. 2712.




I


Supervisor LARRY BEf\IEFIELD voted




AYE

AYE

AYE

AYE

AYE

402


JUNE 1998 TERM

The motion having received the affirmative vote from the majority of Jthe supervisors present, the President then declared the motion carried and

the Order adopted.


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403


JUNE 1998 TERM

Supervisor ROBIN ALFRED MIDCALF moved adoption of the fOllowing

Order:

ORDER APPROVINC REDEMPTION FOR ERRONEOUS TAX SALE IN THEAMOUNT OF $1,540.91 FOR PARCEL NO. 1410F·03-010.000


MISSISSIPPI, that the Board does HEREBY APPROVE redemption for erroneous

tax sale in the amount of $1,540.91 for Parcel No. 1410F-03-010.000, being a

reduction in assessment 100 % Homestead Exemption.


and foregoing order, whereupon the President put the question to a vote


ISupervisor BOBBY ELEUTERIUS voted





AYE

AYE

AYE

AYE

AYE



the Order adopted.


I

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404


JUNE 1998 TERM


Order:

ORDER APPROVING PAYMENT OF CLAIMS, AS LISTED


MISSISSIPPI, that the Board does HEREBY APPROVE payment of the following

claims, to-wit:

1) Butler, Snow, Attorneys, in the amount of $1,467.93 for professional

services rendered in the following matters:

a) $434.49 for Curel Bankston v. Joe price, et al.

b) $732.00 for Diane Robertson v. Joe price, et al.

c) $ 72.60 for Deborah Mitchell v. Joe price, et al.

d) $228.84 for Frederic R. Chaffin v. Joe price, et al.

2) partitions, Inc. in the amount of $30,000.00 for Invoice No. 96484 for

Convention Center Expansion, submitted by the Coliseum Commission.

3) Brown & Mitchell, Inc., Engineers & Environmental Consultants, in the

amount of $5,830.21 fOr professional services rendered on the storm

Drainage System Improvements to Flat Branch Drainage Area, Phase III;

Invoice No. 8152, being for the period 4/10/98 through 5/14/98.

4) TCB Construction Co., Inc. in the amount of $111,027.46, for

professional services rendered; Application for payment NO.6 on the Storm

Drainage System Improvements to Flat Branch Drainage Area, Phase III, as

recommended by Brown & Mitchell, Inc. Engineer.

5) Greco & Greco, a Law corporation in the amount of $1.04, for

expenses incurred in the matter of NiX, et al. v. price, et al., as submitted by

Dukes, Dukes, Keating & Faneca, P.A.

6) Dukes, Dukes, Keating & Faneca, P.A. in the total amount of $28,300.16

for services rendered in the matters listed:

a) $3,528.62 for Allen v. Harrison County, et al.

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JUNE 1998 TERM

I b) $2,664.01 for Keller v. price, et al.

c) $2,502.93 for Landrum, deceased

dl $2,151.33 for GipsOn, et al. v. Chauvin, et al.

e) $2,011.85 for Lacross v. price

f) $1,921.00 for Douglass v. Harrison County, Harrison County Sheriff's

Dept. and the City of 0 'Iberville

g) $1,461.95 for Alexander v. price, et al.

hl $1,452.05 for Bankston v. price, et al.

j) $1,252.91 for peyton v. Eighmy

j) $1,246.46 for peyton v. Price, Carver &Blackwell

Ikl $1,248.81 for peyton v. price, Harmon, Seal & Wallace

Il $901.52 for peyton v. Price, Harmon & patton

ml $858.78 for Chaffin, et al. v. Benefield, et al.

n) $709.18 for Marshall v. Price

ol $683.50 for peyton v. price, et al.

pl $613.18 for peyton v. price, et al.

ql $490.79 for peyton v. price, Carver & Blackwell

rl $487.99 for Parker v. Harrison County Detention center, et al.

sl $445.17 for Adams v. Board of Supervisors, et al.

tl $420.58 for wright v. Price &Harmon

ul $370.83 for Nix v. price, et al.

vl $345.50 for Barbine v. preston, et al.

wl $265.04 for Treece V. Price

xl $234.14 for Peyton v. price &Harmon

yl $32.04 for Carr v. Harrison County Sheriff's Department.


~ and foregoing Order, whereupon the president put the question to a vote

I


406


JUNE 1998 TERM

Supervisor BOBBY ELEUTERIUS voted AYE JSupervisor LARRY BENEFIELD voted AYE


Supervisor ROBIN ALFRED IVIIDCALF voted AYE




the Order adopted.


* * *

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407


JUNE 1998 TERM

LEFT BLANK

INTENTIONALLY

408


JUNE 1998 TERM


Order:

ORDER DECLARING VARIOUS ITEMS JUNK, AS LISTED


MISSISSIPPI, that the Board does HEREBY DECLARE the fOllowing items as junk:

ASSET IJESCNIPTION IJEPANTifENT ACTION76 PAYKASTER CHECKWRITER CIRCUIT COURT JUNK

123 MICROGRAPHIC SYSTEK TAX ASSESSOR JUNK206 IBM SELECTRIC CHANCERY JUN K238 IBM TYPEWRITER CHANCERY JUNK386 IBM CORRECTING SELECTRIC TIW SHERIFF JUNK420 IBM CORRECTING SELECTRIC III Tlw SHERIFF J UN K511 FREEZER HUKAN RESOURCES JUNK540 IBM TYPEWRITER FAKIlY COURT JUNK5U STENOGRAPH FAKIlY COURT JUN K549 IBM TYPEWRITER FAKIlY COURT JUN K870 MANITOWOC ICE CUBER & BIN SHERIFF JUN K

1156 BARBER SURF RAKE SAND BEACH JUN K1210 DESTROYIT SHREDDER SHERIFF JUNK1232 MICROFILK MACHINE TAX ASSESSOR JUNK1237 UNIVEX M6509 BOSTON SLICING MACH. SHERIFF JUNK1266 FRANKLIN CHEF COMM. GAS SHERIFF JUNK1339 CANON NP-155 COPIER SHERIFF JUNK1598 WASHER HUMN RESOURCES JUNK1689 FREIGHT TRAILER SAND BEACH JUNK1692 TRAILER SAND BEACH JUNK1776 PANASONIC PORTABLE VHS RADIO SHERIFF JUNK1777 PANASONIC COLOR CAMERA SHERIFF JUNK1778 PANASONIC BATTERY CHARGER W/ADPT SHERIFF JUNK2051 DESKON II RAOIO SHERIFF JUNK2052 DESKON II RADIO SHERIFF JUNK2227 SHREDMASTER 1034 PAPER SHREDDER SHERIFF JUNK2238 3M READER PRINTER SHERIFF JUNK2240 CLICKA NOTCHER SHERIFF JUNK2241 HOBART FREEZER SHERIFF JUNK2246 SCOTSMAN ICE MAKER SHERIFF JUNK2249 METAL ALL PURPOSE TABLE 5HERIFF JUNK2321 POLAROID 202 MONI PORTRAIT CAMERA SHERIFF JUNK2333 MOTOROLA PT 300 RADIO SHERIFF JUNK2648 KENKORE REFRIGERATOR CIVil iiEFENSE JUNK2746 REGENCY RADIO CODE OFFICE JUNK2786 FRIGIDAIRE FREEZER SHERIFF JUNK2787 HOBART DISHWASHER SHERIFF JUNK3189 MO 469-23 RANGE OUTFIT SHERIFF JUNK3290 10 CHANNEL HAND HELD SCANNER SHERIFF JUNK3301 DAVIO CLARK HEAD SET SHERIFF JUNK3302 OAVIO CLARK HEAO SET SHERIFF JUNK3385 DICTAPHONE CALL CHECK/MSG REPEAT SHERIFF JUNK3386 OICTAPHONE CALL CHECK/MSG REPEAT SHERIFF JUNK3387 DICTAPHONE CALL CHECK/MSG REPEAT SHERIFF JUNK3388 OICTAPHONE CALL CHECK/MSG REPEAT SHERIFF JUNK3461 DESK TAX ASSESSOR JUNK3462 DESK TAX ASSESSOR JUNK3476 RUDD AIR CONDITIONER SHERIFF JUNK3477 TRANE AIR CONDITIONER SHERIFF JUNK3838 COKPACT CASSETTE RECORDER CHANCERY JUNK3856 VULCAN CONVECTION OVEN SHERIFF JUNK3936 XEROX COPIER HUKAN RESOURCES JUNK4016 TELEPHONE CODE OFFICE JUNK4299 CARO FILE - 6 DRAWER SHERIFF JUNK4349 J-012 JETSONIC ROTATING BLUE LIGHT SHERIFF JUNK

Page 1 of 3

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409


JUNE 199B TERM

ASSET OESCRIPTION OEl'A RTIIEN T ACTION4351 J-012 JETSONIC ROTATING BLUE LI GHT SHERIFF JUNK4352 J-012 JETSONIC ROTATING BLUE LIGHT SHERIFF JUN K4353 J-012 JETSONIC ROTATING BLUE LIGHT SHERIFF JUNK4354 J-012 JETSONIC ROTATING BLUE LIGHT SHERIFF JUNK4355 J-012 JETSONIC ROTATING BLUE LIGHT SHERIFF JUNK4555 BOSCH 1322 7" SANDER & GRINDER ~HERIFF JUNK4557 PANASONIC ANSWERING MACHINE SHERIFF JUNK4787 CANON CALCULATOR CHANCERY JUNK4856 MOTOROLA SYNTOR X SAND BEACH JUNK4981 POLAROID CAMERA W/ATTACHMENTS

---jSHERIFF JUN K

5114 GE--

CIVIL DEFENSERADIO JUN K5117 GE PHONE CIVIL DEFENSE JUNK5137 TRANSCRIBER HUMAN RESOURCES JUNK5417 SONY CASSETTE RECORDER SHERIFF JUN K5490 ROUTER WOOD SHAPER SAND BEACH JUNK5529 CASSETTE RECORDER CODE OFFICE JUNK5859 GENERAL ELECTRIC S990 CONTROL UNIT SHERIFF JUNK5860 RANGER N9B04 MOBILE RADIO SH::RIFF JUNK5861 GENERAL ELECTRIC S990 CONTROL UNIT SHERIFF JUNK5998 AT&T ANSWERING MACHINE CHANCERY JUNK6081 HOT DOG MACHINE HUMAN RESOURCES JUNK6092 JOHN DEERE MOWER PARKWAY JUNK6096 HILTI NAIL GUN SAND BEACH JUNK6101 JOHNSON BIG WHEEL MOWER SAND BEACH JUNK6280 TIME CLOCK SHERIFF JUNK6355 CRAFTSMAN 8" TABLE SAw SAND BEACH JUNK6451 386 33MHZ CACHE COMPUTER SHERIFF JUNK6456 16 CHANNEL HAND HELD RADIO W/SCAN SHERIFF JUN K6465 16 CHANNEL RADIO W/SCAN HAND HELD SHERIFF JUN K6495 NORTHEAST STEAM CLEANER SAND BEACH JUNK6608 PRO HIGH WHEEL MOWER SAND BEACH JUNK6722 COMBINATION STEAM CLEANER SHERIFF JUNK6730 MAXON PAGER CIVIL DEFENSE JUNK6747 SHARP fO-5220 LASER fAX SHERIFF JUNK7719 KILN HUMAN R~SOURCES JUNK--

7742 ARROW STAPLE GUN SAND BEACH JUNK7782 CRAFTSMAN CORDLESS BROOM fAMILY COURT J UN K7787 CHECKWRI TER CHANCERY JUNK

, 8015 CANON {ALCULATOR CHANCERY JUNK8037 DRILL TAX ASSESSOR JUNK8059 MIKITA 4" GRINDER SHERIFF JUNK8062 22" CUT HIGH WHEEL LAWN MOWER 5HERIFF JUNK8107 AMANA 1000 WATT MICROWAVE SHERIFF JUNK8115 PORTER CABlE 1;1400 SAW SHERIFF JUNK8119 COVE BIT SET #42-213 SH:~IFF JUNK8120 CANON 8MM CAMCORDER W/ZOOM LENS SHERIFF JUNK8122 MOTOROLA PAGER CIVIL DEFENSE J UN K8123 MOTOROLA PAGER CIVIL DEFENSE JUNK8124 MOTOROLA PAGER CIVIL DEFENSE JUNK8125 MOTOROLA PAGER CIVIL DEFENSE JUNK8140 JOHNSON OUTBOARD MOTOR SHERIFF JUNK8253 H31 PLANTRONICS STARSET III SHERIFF JUNK8542 DUAL ACTION SANDER SHERIFF JUNK8832 95 FORD CROWN VICTORIA SHERIFF JUNK8857 SaUADFITTERS REAR STROBE PACKAGE SHERIFF JUNK

Page 2 of3

410MINUTE BOOK

BOARD OF SUPERVISORS. HARRISON COUNTY. MISSISSIPPI

JUNE 1998 TERM

ASSET OESCKlPTION OEPANTIfENT ACTION9273 74 VW SHERIFF JUNK9291 89 CADILLAC SEDAN SHERIFF JUNK9328 85 fORD PICK UP TRUCK SH.E RIFF JUNK9330 88 DODGE RAM SHERIFF JUNK9331 90 CHEVROLET TRUCK SHERIFF JUNK9336 92 ACCURA LEGEND SHERIFF JUN K9340 89 CHEVROLET TRUCK SHERIFF J UN K9341 CHEVROLET TRUCK 4X4 SHERIFF JUNK9347 88 DODGE RAM SHERIFF JUNK9348 87 CHEVROLET BLAZER SH~RIFF J UN K9349 87 NISSAN VAN SHERIFF JUNK9350 86 CHEVROLET ASTRO SHERIFF JUNK9354 87 OLDSMOBILE CUTLASS SHERIFF JUNK9355 85 CHEVROLET BLAZER SHERIFF JUNK

10072 KILN HUMAN RESOURCES JUNK10088 ICE MACHINE HUMAN RESOURCES JUNK10105 SHARP fAX MACHINE ,:>:ANC ERY JUNK

IBM CORRECTING SELECTRIC III/TAN SHc~IFF JUNKALCO CHECK INTOXILIZER/PORTABLE SHERIFF JUNKMINOLTA FREEDOM STILL CAMERA SHERIFF JUNKGAME fISHER 12' ALUMINUM BOAT/FLAT B SHERIFF JUNKGAME FISHER 12' ALUMINUM BOAT/V 80TM SHERIFF JUNKJOHN DEERE 4010 DIESEL TRACTOR SHERIFF JUNKIBM CORRECT SELECTRIC III TYPEWRTR SHERI FF JUNKIBM CORRECT SELECTRIC III TYPEWRTR SHERIFF JUNKIBM SELECTRIC II CORRECT TYPEWRTE SHERIFF JUNKPANASONIC TRANSCRIBER SHERIFF JUNKSONY 8MM VIDEO WALKMAN SHERIFF JUNKTRANSFRISHER METAL DETECTOR H/H SH!':RIFF JUNK78 GMC TRUCK SHERI FF JUNK85 BUICK SHERIFF JUNK85 fORD TRUCK SHERIFF JUNK

1-----87 PLYMOUTH VOYAGER -I---oHERi Fr' JUNKSHARP VCR ~~ERIFF JUNKSTEAM OVEN SHERIFF JUNKSTEAM OVEN S~ERIFF JUNKSIMPLEX ELECTRIC TIMElDA TE STAMPER ~H::~iFF JUNK73 INTERNATIONAL BUS SHERIFF JUNK-- - SHERIFF JUNK86 fORD MOTOR HOME92 fORD CROWN VICTORIA SHERIFF JUNK95 fORD CROWN VICTORIA SHERIFF JUNK95 fORD CROWN VICTORIA SHERIFF JUNK96 HARLEY DAVIDSON MOTOR CYCLE SHERIFF JUNK

Page 3 of 3

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411

MINUTE BOOK~ BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

JUNE 1998 TERM

I Supervisor BOBBY ELEUTERIUS seconded the motion to adopt the above




Supervisor LARRY BEI\lEFIELD voted




AYE

AYE

AYE

AYE

AYE

I



the Order adopted.


I

* * *

412


JUNE 1998 TERM


Order:

ORDER ACKNOWLEDGING RECEIPT OF DONATION OF A 1984CHEVROLET BUS FROM THE HARRISON COUNTY SCHOOLDISTRICT, VIN 1GBL6P1AXEV113982, TO BE USED BY THE FIRESERVICES DEPARTMENT FOR THE PURPOSE OF MAKING ATRAINING VIDEO ON SCHOOL BUS EXTRICATION


MISSISSIPPI, that the Board does HEREBY ACKNOWLEDGE receipt of donation of

a 1984 Chevrolet Bus from the Harrison County School District, VIN

1GBL6P1AXEV113982, to be used by the Fire Services Department for the

purpose of making a training video on school bus extrication.




J

JSupervisor BOBBY ELEUTERIUS voted

Supervisor LARRY BEI\IEFIELD voted




AYE

AYE

AYE

AYE

AYE



the Order adopted.


* * * ]

I

413


JUNE 1998 TERM


Order:

ORDER ACKNOWLEDCINC RECEIPT OF DONATION OF 1982CHEVROLET BUS FROM THE HARRISON COUNTY SCHOOLDISTRICT, VIN BJ6P182CV132703, FOR USE AT THE SHERIFF'SACADEMY


MISSISSIPPI, that the Board does HEREBY ACKNOWLEDGE receipt of donation of

1982 Chevrolet BUs from the Harrison County School District, VIN

BJ6P182CV132703, for use at the Sheriff's Academy.



Iwith the following results:






AYE

AYE

AYE

AYE

AYE

I



the Order adopted.


*

414


JUNE 1998 TERM

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

Order:

ORDER APPROVING SOLE SOURCE PURCHASE FOR SECURITYSYS'rEM MAIN'rENANCE AT THE HARRISON COUNTY DE"rENTIONCENTER FROM OPERATIONAL SECURITY SYSTEMS, INC., IN THEAMOUNT OF $4999.00, SUBJECT TO ITEMIZED QUOTES TO COVERREPLACEMENT EQUIPMENT, LABOR, FREIGHT AND TRAVELEXPENSES OCCURRED IN THE REPAIR OF THIS SYSTEM


MISSISSIPPI, that the Board does HEREBY APPROVE the sole source purchase for

security system maintenance at the Harrison county Detention Center from

operational Security systems, Inc., in the amount of $4999.00, subject to

itemized quotes to cover replacement equipment, labor, freight and travel

expenses occurred in the repair of this system, as evidenced by the

following:

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415


JUNE 1998 TERM

May 27, 1998

Harrison County Detention Center10451 Larkin Smith DriveGulfport MS 39503

Attention: Ms Fran Palmer

Re: Security System Maintenance

Dear Ms Palmer

Per your request I have the pleasure in submitting to you

this quotation for a service trip to your facility. We will

require a PO * for $ 4999.00 that will cover any replacement

equipment. labor. freight and travel expenses occurred in the

repair of your system before we can make ant travel plans to

visit your site. The actual occurred charges will be billed but

if they exceed this amount another PO # will be required for the

difference. Written confirmation is required as to the agreement

to these terms or the receipt of a PO #. Please contact me if you

have any questions or if you would like to discuss your service

requirements in more detail.

Sincerely,

OPERATIONAL SECURITY SYSTEMS, INC.

Mike Holley

416MINUTE BOOK


JUNE 1998 TERM

Harrison County Detention FacilityAttn: Ms Fran PalmerLocking Control SystemMay 15. 1998Page Two

Regarding the maintenance of the locking control system located at the abovefacility. we feel it is necessary to stress the following points:

• The locking control system was designed and manufactured by OperationalSecurity Systems, Inc. Only tcchnicians that have been trained by OperationalSecurity Systems, Inc. should be permitted to perfonn maintenance on thesystem. Failure to follow the correct maintenance procedures may causefaulty operation which may cause severe operational problems which mightcause danger to the security officers and/or inmates.

• Spare parts for the system may only be purchased from Operational SccuritySystems. Inc.

We will be happy to provide additional training to your maintenance personnel ifrequired. Please let me know if you require further information.

Sincerely,

OPERATIONAL SECURITY SYSTEMS, INC.

m2'?~Mike HolleyCustomer Support

MHlfnc

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417


JUNE 1998 TERM









AYE

AYE

AYE

AYE

AYE

I



the Order adopted.


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418


JUNE 1998 TERM

Supervisor C.T. SWITZER, JR. moved adoption of the following Order: JORDER AUTHORIZINC ADVERTISEMENT OF NOTICE OF INVITATIONTO BID FOR ELECTRICAL WORK REQUIRED TO PREPARE COUNTYOFFICE BUILDINC FOR EMERCENCY CENERATOR HOOKUP DURINCINCLEMENT WEATHER


MISSISSIPPI, that the Board does HEREBY AUTHORIZE advertisement of notice

of invitation to bid for electrical work required to prepare the County Office

Building for emergency generator hookup during inclement weather.









AYE

AYE

AYE

AYE

AYE

J



the Order adopted.


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419


JUNE 1998 TERM


Order:

ORDER ACKNOWLEDGING RECEIPT OF SURPLUS PROPERTY LISTOF COMPUTER COMPONENTS FOR THE DATA PROCESSINGDEPARTMENT, AS LISTED, DECLARING SAME SURPLUS, ANDAUTHORIZING DONATION OF THESE COMPONENTS TO HARRISONCOUNTY SCHOOLS


MISSISSIPPI, that the Board does HEREBY ACKNOWLEDGE receipt of surplus

property list of computer components for the Data processing Department,

as follows:

MEMO

~I

I TO:

From:

Pam Ulrich, County Administrator

Sue Shipman, DP Coordinator

Date: May 20, 1998

Re: Surplus Inventory

The following items were replaced in various PC's throughout the county.

12 Hard Drives11 HDIFDlPrinter Control4 VGACards38 Memory Chips11 Serial va Cards

24 Motherboards ~

20 Mociems. 1 CD-Rom 8 speed

1 Floppy Drive

I

These items were upgraded on the PC's to allow for the year 2000, to increaseresponse time and storage capacity. They are still in working order, but will not beneeded by the county. We also have 1 Tape Drive, condition unknown, that is no longerneeded.

I would like permission to donate these items to the school.

.2:--~. ;S' •. S~", Shipm"" .'~

j. ;

I~AY 2 I

420


JUNE 1998 TERM

IT IS FURTHER ORDERED that the Board does HEREBY DECLARE said

computer components surplus, and does HEREBY AUTHORIZE donation of

these components to Harrison County Schools.




J






AYE

AYE

AYE

AYE

AYE



the Order adopted.


J

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421


JUNE 1998 TERM


ORDER APPROVINC PERSONNEL CHANCES FOR FIRE SERVICESDEPARTMENT, AS LISTED


MISSISSIPPI, that the Board does HEREBY APPROVE the following personnel

changes for the Fire Services Department, to-wit:

Pay status change for Martin Pavolini from $700.00 bimonthly to $766.50

bimonthly, Mr. Pavolini having successfully completed the Firefighter I

~ course. Funds are available in the Fire Service budget.

pay status change for John storey from $708.33 bimonthly to $766.50

bimonthly, Mr. Storey having successfully completed the Firefighter I course.

IFunds are available in the Fire Service budget.

Hiring Ronald Davis for Woolmarket Fire Station at a rate of $18,000 per

year, to replace Thurman Barnell McNair who was making $16,800 per year,

Ronald Davis having successfully completed the Firefighter I course.









AYE

AYE

AYE

AYE

AYE

IThe motion having received the affirmative vote from the majority of


the Order adopted.


* * *

422


JUNE 1998 TERM


Order:

ORDER ADJUDICATING TRAVEL REQUEST OF MARY CAVANAUGHAND GINA DOUGHARTY. HUMAN RESOURCES TO ATTENDMEETING MAY 28. 1998 IN JACKSON


MISSISSIPPI, that the Board does HEREBY ADJUDICATE travel request of Mary

Cavanaugh and Gina Dougharty, Human Resources, to attend meeting May 28,

1998 in Jackson, Mississippi, the only cost to the county being the use of a

County vehicle.



J







AYE

AYE

AYE

AYE

AYE

J



the Order adopted.


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423


JUNE 1998 TERM

I Supervisor ROBIN ALFRED MIDCALF moved adoption of the fOllowing

Order:

ORDER APPROVING TRAVEL REQUEST OF EDWIN OTT, ASSISTANTENGINEER, TO AT'rEND ARMY CORPS OF ENGINEERS WETLANDDELINEATION AND MANAGEMENT TRAINING COURSE, JULY 27-30,1998, IN HOUSTON, TEXAS


MISSISSIPPI, that the Board does HEREBY APPROVE travel request of Edwin ott,

Assistant Engineer, to attend Army Corps of Engineers Wetland Delineation

and Management Tr :ning course, July 27-30/1998, in Houston, Texas, at an

estimated cost of $1,240.00.



I vote with the fOllowing results:






AYE

AYE

AYE

AYE

AYE



the Order adopted.


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424


JUNE 1998 TERM

Supervisor ROBIN ALFRED MIDCALF moved adoption of the following JOrder:

ORDER APPROVING PAYMENT OF CLAIM IN THE AMOUNT OF$500.00 TO BRADFORD O'KEEFE FUNERAL HOME FOR PAUPER'SBURIAL OF JOHN BALDWIN, AS RECOMMENDED BY THEHARRISON COUNTY CORONER


MISSISSIPPI, that the Board does HEREBY APPROVE payment of claim in the

amount of $500.00 to Bradford O'Keefe Funeral Home for Pauper's Burial of

John Baldwin, as recommended by the Harrison County Coroner, the Pauper's

Oath and death certificate being on file with the Clerk of the Board.

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


with the following resUlts:






AYE

AYE

AYE

AYE

AYE

J



the Order adopted.


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425


JUNE 1998 TERM


ORDER APPROVING ADVERTISEMENT OF COUNTY RESOURCES IN THEAMOUNT OF $130.00, PAYABLE FROM TOURISM FUNDS, FOR A FULLPAGE AD IN THE CONVENTION BOOKLET OF THE NAVY SEABEEVETERANS OF AMERICA


MISSISSIPPI, that the Board does HEREBY APPROVE advertisement of county

resources in the amount of $130.00, payable from Tourism Funds, for a full

page ad in the convention booklet of the Navy Seabee Veterans of America.


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

I







AYE

AYE

AYE

AYE

AYE


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

the Order adopted.


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JUNE 1998 TERM


ORDER APPROVING ADVERTISEMENT OF COUNTY RESOURCES IN THEAMOUNT OF $500.00, PAYABLE FROM TOURISM FUNDS, FOR A FULLPAGE AD IN THE TABERNACLE MISSIONARY BAP1'IST CHURCH PROGRAM


MISSISSIPPI, that the Board does HEREBY APPROVE advertisement of County

resources in the amount of 5500.00, payable from Tourism Funds, for a full-

page ad in the Tabernacle Missionary Baptist Church program.

supervisor DAVID V. LAROSA, SR. seconded the motion to adopt the

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


'..•






AYE

AYE

AYE

AYE

AYE

I



the Order adopted.


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427


JUNE 1998 TERM


ORDER APPROVINC ADVERTISEMENT OF COUNTY RESOURCES IN THEAMOUNT OF $300.00, PAYABLE FROM TOURISM FUNDS, FOR A FULLPACE AD IN THE MISS. MISSISSIPPI HOSPITALITY PACEANT PROCRAM


MISSISSIPPI, that the Board does HEREBY APPROVE advertisement of County

resources in the amount of $300.00, payable from Tourism Funds, for a full-

page ad in the Miss. Mississippi Hospital pageant program.




I






AYE

AYE

AYE

AYE

AYE

I



the Order adopted.


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428


JUNE 1998 TERM


ORDER APPROVING ADVERTISEMENT OF COUNTY RESOURCES IN THEAMOUNT OF $50.00, PAYABLE FROM TOURISM FUNDS, FOR A FULLPAGE AD IN THE PROGRAM OF THE HARRISON COUNTY RIDING CLUB


MISSISSIPPI, that the Board does HEREBY APPROVE advertisement of county

resources in the amount of 550.00, payable from Tourism Funds, for a full·

page ad in the program of the Harrison County Riding Club.




J






AYE

AYE

AYE

AYE

AYE

J



the Order adopted.


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JUNE 1998 TERM

Supervisor C.T. SWITZER, JR. moved adoption of the following Order:

ORDER APPROVINC THE REQUEST OF THE SUCCESS SCHOOLREUNION TO USE THE OLD SUCCESS SCHOOL PROPERTY FORTHEIR ANNUAL REUNION


IVIISSISSIPPI, that the Board does HEREBY APPROVE the rec:~estof the Success

School Reunion to use the old Success School property for their Annual

Reunion.




Isupervisor BOBBY ELEUTERIUS voted





AYE

AYE

AYE

AYE

AYE

I



the Order adopted.


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430


JUNE 1998 TERM


Order:

ORDER DESICNATINC PAM ULRICH, COUNTY ADMINISTRATOR, ASTHE HARRISON COUNTY CHAIRPERSON OF THE LOCAL CORRECTCOUNT COMMIT'rEE FOR THE MISSISSIPPI 2000 CENSUS


MISSISSIPPI, that the Board does HEREBY DESIGNATE Pam Ulrich, county

Administrator, as the Harrison county Chairperson of the Local Correct Count

Committee for the Mississippi 2000 Census.

supervisor DAVID V. LAROSA, SR. seconded the motion to adopt the



J






AYE

AYE

AYE

AYE

AYE

J



the Order adopted.


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JUNE 1998 TERM


ORDER ACKNOWLEDGING RECEIPT OF THE HARRISON COUNTYCORRECTIONAL FACILITIES FINANCE AUTHORITY FINANCIALSTATEMENTS FOR FY 1996·97


IVIISSISSIPPI, that the Board does HEREBY ACKNOWLEDGE receipt of the Harrison

County Correctional Facilities Finance Authority financial statements for FY

1996-97, same being as follows, to-wit:

HARRISON COUNTY CORRECTIONAL FACILITIES

FINANCE AUTHORITY

FINANCIAL STATEMENTS

SEPTEMBER 30, 1997 AND 1996

CLWFono, HARVEY & CULUMnEn, P.A.

432

CON TEN T S

INDEPENDENT AUDITORS' REPORT

J

BALANCE SHEETS . . . . . . .

STATEMENTS OF REVENUES, EXPENSESAND CHANGES IN RETAINED EARNINGS

STATEMENTS OF CASH FLOWS . . .

NOTES TO FINANCIAL STATEMENTS

. . . . . 1

2

3

4-7

]

INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND ONINTERNAL CONTROL OVER FINANCIAL REPORTING BASEDON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED INACCORDANCE WITH GOVERNMENT AUDITING STANDARDS

CLIFFORD, HARVEY & CULUMRER. P.A.

]

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JUNE 1998 TERM

CLIFFORD, HARVEY & CULUMBER, P.A.Certified Public Accountant. and ConJIult.anb

Gulfport, Mi••t..ippi

INDEPENDENT AUDITORS' REPORT

May 11, 1998

To the Board of DirectorsHarrison County Correctional Facilities

Finance AuthorityGulfport, Mississippi

We have audited the accompanying financial statements of HarrisonCounty Correctional Facilities Finance Authority, a component unit ofHarrison County, Mississippi, as of September 30, 1997 and 1996, andfor the years then ended. These financial statements are theresponsibility of the Harrison County Correctional Facilities FinanceAuthority's management. Our responsibility is to express an opinionon these financial statements based on our audits.

We conducted our audits in accordance with Government AuditingStandards, issued by the Comptroller General of the United States.Those standards require that we plan and perform the audits to obtainreasonable assurance about whether the financial statements are freeof material misstatement. An audit includes examining, on a testbasis, evidence supporting the amounts and disclosures in thefinancial statements. An audit also includes assessing the accountingprinciples used and significant estimates made by management, as wellas evaluating the overall financial statement presentation. Webelieve that our audits provide a reasonable basis for our opinion.

In our opinion, the financial statements referred to in the firstparagraph present fairly, in all material respects, the financialposition of Harrison County Correctional Facilities Finance Authorityas of September 30, 1997 and 1996, and the results of its operationsand the cash flows for the years then ended in conformity withgenerally accepted accounting principles.

In accordance with Government Auditing Standards, we have also issueda report dated May 11, 1998 on our consideration of the HarrisonCounty Correctional Facilities Finance Authority's internal controlover financial reporting and our tests of its compliance with certainprovisions of laws, regulations, contracts, and grants.

~J~(')~~I f!A.CLIFFORD, HARVEY & CULUMBER, P.A.

CERTIFIED PUBLIC ACCOUNTANTS


. JUNE 1998 TERM

HARRISON COUNTY CORRECTIONAL FACILITIES FINANCE AUTHORITYBALANCE SHEETSSEPTEMBER 30, 1997 AND 1996

ASSETS

1997 1996

CURRENT ASSETSCash $ 309,131 $ 446,547Accrued Interest Receivable 18,874 35,109Accrued Rent Receivable 436,774 448,796

TOTAL CURRENT ASSETS 764,779 930,452

RESTRICTED ASSETS - BOND RESERVE FUNDInvestments 2,116,739 2,141,940'Accrued Rent Receivable 16,563 75,581

TOTAL RESTRICTED ASSETS 2,133,302 2,217,521.

PROPERTY, PLANT AND EOUIPMENT 20,605,588 20,695,636Less: Accumu~ated Depreciation (4,136,979) (3,618,267)

NET PROPERTY, PLANTAND EQUIPMENT 16,468,609 17,077,369

OTHER ASSETSIssue Costs, Net 245,293 270,025Utility Deposit 1,792 1.792

TOTAL OTHER ASSETS 247,085 271.817

TOTAL ASSETS $ 19,613,775 $ 20,497,159

CLlFFOllD, HARVEY & CULUMRErl, P,A.

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JUNE 1998 TERM

-1-

LIABILITIES AND RETAINED EARNINGS

C1997 1996

CURRENT LIABILITIESAccrued Interest Payable $ 74,435 $ 87,347Current Portion of Bonds Payable 1,235,000 1.160,000

TOTAL CURRENT LIABILITIES 1,309,435 1,247,347

ILONG-TERM LIABILITIES

Bonds Payable 14,455,000 15,690,000Less: Discount on Bonds Payable (312,139) (391, 741)

NET LONG-TERM LIABILITIES 14,142,861 15,298,259

TOTAL LIABILITIES 15,452,296 16,545,606

RETAINED EARNINGS 4,161,479 3 , 951. 553

CTOTAL LIABILITIES AND

RETAINED EARNINGS $ 19,613,775 $ 20,497,159

IThe accompanying notes are an integral part of these financialstatements.

CUFFonn, HAnVEY & CULUMflEn, P.A.

436


JUNE 1998 TERM

HARRISON COUNTY CORRECTIONAL FACILITIES FINANCE AUTHORITY -2-STATEMENTS OF REVENUES, EXPENSES AND CHANGES IN RETAINED EARNINGSFOR THE YEARS ENDED SEPTEMBER 30. 1997 AND 1996

J

OPERATING REVENUESRents

OPERATING EXPENSESAccountingAmortization of Issue CostsDepreciationContribution to Harrison CountyLegal FeesDirector FeesTrustee FeesMinute Clerk FeesRepairs and MaintenanceSuppliesInsuranceInterest'

TOTAL OPERATING EXPENSES

OPERATING LOSS

NON-OPERATING INCOME AND EXPENSESLoss on Disposal of AssetsDividend IncomeInterest Income Related

to InvestmentsNET NON-OPERATINGINCOME AND EXPENSES

NET INCOME

RETAINED EARNINGS, BEGINNING OF YEAR

RETAINED EARNINGS, END OF YEAR

1997

$ 1,845,954

4,00024,733

581,608-0

2,4501,3206,5002,100

26,5782,012

45,1741 ,551, 6672,248,142

(402,188)

(41,434)13,971

639,577

612,114

209,926

3 ,951, 553

S 4,161,479

1996

$ 2,263,182

4,27024,733

593,56839,464

1,750680

6,5001,500

-0--0-

45,1742,106,2702,823,909

(560,727)

-011,421

1,144,349

1,155~

595,043

3,356,510

S 3,951,553

J

The accompanying notes are an integral part of these financialstatements.

CLIFFORD, HATlVEY & CUI.UMRETl, P.A.

J

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. JUNE 1998 TERM

HARRISON COUNTY CORRECTIONAL FACILITIES FINANCE AUTHORITYSTATEMENTS OF CASH FLOWSFOR THE YEARS ENDED SEPTEMBER 30, 1997 AND 1996

I

I

CASH FLOWS FROM OPERATING ACTIVITIESNet Income $Adjustments to Reconcile Net

Income to Net Cash Providedby Operating Activities:

Contributed Equipment to HarrisonCounty

Loss on Disposal of AssetsDepreciationAmortization of Issue CostsAmortization of Bond Discount

Charged to Interest ExpenseChanges in Operating Assets

and Liabilities:Net (Increase) Decrease in

Accrued Interest ReceivableNet Decrease in Accrued Rent

ReceivableNet Increase (Decrease) in Accrued

Interest PayableNET CASH PROVIDED BY

OPERATING ACTIVITIES

CASH FLOWS FROM INVESTING ACTIVITIESProceeds from sale of investmentsPurchase of InvestmentsPurchase of Equipment

NET CASH PROVIDED (USED) BYINVESTING ACTIVITIES

1997

209/926

-0-

41/434581,60824,733

79,603

16,235

71,039

(12,912)

1,011,666

1,525,103(1,499,903)

(14,282)

10,918

$

1996

595,043

39,463

-0593,568

24,733

35,881

(5,033)

24,419

102

1,308,176

850,000(865,980)

-0-

(15,980)

CLlFFonD, HAnVEY & CULUMnEn. P.!\.

438


JUNE 1998 TERM

-3-

J

1997 1996

CASH FLOWS FROM FINANCING ACTIVITIESPrincipal Payments (1.160,000) ~,095,000)

NET CASH USED BYFINANCING ACTIVITIES (1. 160, 000) (1.095,000)

NET INCREASE (DECREASE) IN CASH (137,416) 197,196

CASH, BEGINNING OF YEAR 446,547 249,351

CASH, END OF YEAR $ 309,131 L 446,547 ]SUPPLEMENTAL DISCLOSURE OFCASH FLOW INFORMATIONCash Paid During the Years

for Interest $ 1,484,976 $ 2,070,288

The accompanying notes are an integral part of these financialstatements.

CLlI'FOfilJ, IIAnVEY & CULUMnEn, P."'.

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JUNE 1998 TERM

HARRISON COUNTY CORRECTIONAL FACILITIES FINANCE AUTHORITYNOTES TO FINANCIAL STATEMENTSSEPTEMBER 30, 1997 AND 1996

NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES

-4-

I

I

GENERALThe Harrison County Correctional Facilities Finance Authorityrepresents a political subdivision created for the express purposeof financing and administering the construction of the HarrisonCounty Correctional Facilities. Under GASB Statement No. 14, theAuthority has been classified as a blended component unit ofHarrison County. Various other funds that operate within HarrisonCounty, Mississippi, but that are not related to the Harrison CountyCorrectional Facilities Finance Authority, have not been included inthe accompanying financial statements. See also Note 7.

PROPERTY, PLANT AND EQUIPMENTThe actual costs incurred in constructing the CorrectionalFacilities, acquiring equipment and furniture, and the costs ofacquiring the land lease were capitalized as fixed assets during theconstruction period. The facilities were placed in service onAugust 2, 1990. As of the date placed in service, interest incurredtotaling $4,532,695 was capitalized as a cost of construction inaccordance with Statement of Financial Accounting Standards (SFAS)No. 34. The facilities and related components are being depreciatedover 40 years using the straight-line method. The equipment andfurniture are being depreciated over 10 years using the straightline method. See also Note 3.

CASH DEPOSITSAt September 30, 1997, the carrying amount of the Authority'sdeposits was $309,131. The deposits were completely covered byfederal depository insurance and by collateral held by theAuthority's independent third party agent in the Authority's name.

INVESTMENTSInvestments consist of United States Treasury Notes and UnitedStates Treasury Bills. These investments are made in accordance

- with the terms of the applicable trust indentures, and are carriedin the financial statements at cost plus amortized discount, sincethey are classified as held to maturity because the Authority hasthe intent and ability to hold these investments until maturity.See also Note 2.

REVENUE RECOGNITIONThe accrual basis of accounting is utilized with regard torecognizing income and expenses in the appropriate accountingperiod.

CLIFFOfiD, HAnVEY & CULUMBEn, P.A.

440

MINUTE BOOKBOARD OF SUPERVISORS. HARRISON COUNTY, MISSISSIPPI

JUNE 1998 TERM

]

HARRISON COUNTY CORRECTIONAL FACILITIES FINANCE AUTHORITYNOTES TO FINANCIAL STATEMENTS - PAGE 2SEPTEMBER 30, 1997 AND 1996

NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED)

-5-

CASH EOUIVALENTSFor purposes of the statement of cash flows, the Authority considersall highly liquid debt instruments purchased with a maturity ofthree months or less to be cash equivalents.

RESTRICTED ASSETSCash and investments composing the Bond Reserve Fund must bemaintained to the extent of the Bond Reserve Fund Requirement. TheBond Reserve Fund Requirement is defined within the trust indenturesto be an amount equal to the maximum annual principal and interestrequirements on the bonds due in any bond year on all bondsoutstanding. The Bond Reserve Fund Requirement was deficient by$16,563 at September 3D, 1997.

NOTE 2 - INVESTMENTS

Investments are classified as to credit risk by the categoriesdescribed below:

Category 1 - Insured or registered or for which the securities areheld by the Authority or its agent in the Authority's name.

Category 2 - Uninsured and unregistered for which the securities areheld by the broker or dealer's trust department or agent in theAuthority's name.

Category 3 - Uninsured and unregistered for which the securities areheld by the broker or dealer, or by its trust department or agentbut not in the Authority's name.

J

1Category

2 3 1997 1996

Amortized Cost $2,116,739Unrealized Gains

(Losses)Market Value

CLiFFOllD, JlAllVEY & CULUMfiEH, P,A.

$2,116,739 $2,141,940

(5,710) 92,242$2,111,029 $2,234,182

]

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JUNE 1998 TERM

HARRISON COUNTY CORRECTIONAL FACILITIES FINANCE AUTHORITYNOTES TO FINANCIAL STATEMENTS - PAGE 3SEPTEMBER 30, 1997 AND 1996

NOTE 3 - PROPERTY, PLANT AND EOUIPMENT

Property, plant and equipment are summarized by majorclassifications as follows:

-6-

I

Correctional FacilitiesCapitalized InterestLease Acquisition CostSewage PlantEquipment & Furniture

Total Property, Plantand Equipment

NOTE 4 - ISSUE COSTS

1997

$14,856,4954,532,695

150,000193,301873,097

$20,605,588

1996

$14,856,4954,532,695

150,000193,301963.145

$20,695,636

Issue costs are composed of the following:

1997 1996

Legal and Title FeesLess: Accumulated Amortization

Net Issue Costs

$ 384,066(138 , 773)

$ 245,293

$ 384,065(114,041)

$ 270,025

Issue costs are being amortized over the remaining life of thebonds using the straight-line method, which does not differmaterially from the effective method.

NOTE 5 - BONDS PAYABLE

The Series 1992 bonds bear interest at rates ranging from 4.20~ to6.00% and mature in annual amounts ranging from $515,000 to$1,975,000 through September 7, 2007. Future principal payments dueon the series 1992 bonds can be summarized as follows:

I

Year EndingSeptember 30

19981999200020012002After 2002TOTAL

Principal1,235,0001,295,0001,360,0001,430,0001,505,0008,865,000

$15,690,000

CLIFFOfiD, lIMIVEY & ClfI.UMnEfi, P.A.

442MINUTE BOOK


. JUNE 1998 TERM

JHARRISON COUNTY CORRECTIONAL FACILITIES FINANCE AUTHORITYNOTES TO FINANCIAL STATEMENTS - PAGE 4SEPTEMBER 30, 1997 AND 1996

NOTE 5 - BONDS PAYABLE (CONTINUED)

-7-

The series 1992 bonds are secured by pledge of rentals from HarrisonCounty and the Reserve Fund. The bonds are insured by FinancialGuaranty Insurance Company. Discount on Bonds Payable is beingamortized and charged to interest expense over the remaining life ofthe bonds using the straight-line method, which does not differmaterially from the effective method.

NOTE 6 - OPERATING LEASE

The Authority currently leases the correctional facilities toHarrison County. This lease is classified as an operating lease,under which the County is required to pay as rent, in each fiscalyear, a sum which, together with amounts already on deposit in theBond Fund, is sufficient to pay the principal and interest due onall outstanding bonds in such fiscal year. Additionally, the Countyis to pay as Supplemental Rent all Trustee's fees and any other feesand expenses of the Authority. This lease is to continue on a yearto-year 'basis unless proper notice of cancellation is given to theAuthority. Upon payment in full of all obligations of the Authorityincurred by the Authority in connection with the issuance of bondinsurance for the bonds, the entire facilities revert to HarrisonCounty.

NOTE 7 - RELATED PARTIES/ECONOMIC DEPENDENCY

The Authority has been determined to be a part of the Harrison.County reporting entity largely due to the relationship described inNote 6. Due to this relationship, Harrison County represents arelated party, as well as an entity upon which the Authority iseconomically dependent.

CLIFFORD, HAnVEY & CULUMllEn. P,A.

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443


JUNE 1998 TERM

CLIFFORD, HARVEY & CULUMBER, P.A.Certified Public Accountant. and Co""u1tant.

Gulfport. Miuiaaippi

INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND ONINTERNAL CONTROL OVER FINANCIAL REPORTING BASED

ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMEDIN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS

May 11, 1998

To the Board of DirectorsHarrison County Correctional Facilities

Finance AuthorityGulfport, Mississippi

We have audited the financial statements of Harrison CountyCorrectional Facilities Finance Authority, a component unit ofHarrison County, Mississippi, as of and for the year ended September30, 1997 and 1996, and have issued our report thereon dated May 11,1998. We conducted our audit in accordance with generally acceptedauditing standards and the standards applicable to financial auditscontained in Government Auditing Standards, issued by the ComptrollerGeneral of the United States.

Compliance

As part of obtaining reasonable assurance about whether HarrisonCounty Correctional Facilities Finance Authority's financialstatements are free of material misstatement, we performed tests ofits compliance with certain provisions of laws, regulations,contracts, and grants, noncompliance with which could have a directand material effect on the determination of financial statementamounts. However, providing an opinion on compliance with thoseprovisions was not an objective of our audit and, accordingly, we donot express su~h an opinion. The results of our tests disclosed noinstances of noncompliance that are required to be reported underGovernment Auditing Standards.

Internal Control Over Financial Reporting

In planning and performing our audit, we considered Harrison CountyCorrectional Facilities Finance Authority's internal control overfinancial reporting in order to determine our auditing procedures forthe purpose of expressing our opinion on the financial statements andnot to provide assurance on the internal control over financialreporting. Our consideration of the internal control over financialreporting would not necessarily disclose all matters in the internalcontrol over financial reporting that might be material weaknesses.A material weaknesses is a condition in which the design or operationof one or more of the internal control components does not reduce to arelatively low level the risk that misstatements in amounts that would

444


JUNE 1998 TERM

Harrison County Correctional FacilitiesFinance Authority

Gulfport, MississippiMay 11, 1998Page 2

be material in relation to the financial statements being audited mayoccur and not be detected within a timely period by employees in thenormal course of performing their assigned functions. We noted nomatters involving the internal control over financial reporting andits operation that we consider to be material weaknesses.

This report is intended for the information of the Harrison CountyCorrectional Facilities Finance Authority. However, this report is amatter of public record and its distribution is not limited.

CLIFFORD, HARVEY & CULUMBER, P.A.CERTIFIED PUBLIC ACCOUNTANTS

CLIFFORD, HARVEY & CULUMTIEn, P.A.

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JUNE 1998 TERM









AYE

AYE

AYE

AYE

AYE

I

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.


I

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446


JUNE 1998 TERM


ORDER ACKNOWLEDGING RECEIPT AND SPREAD UPONTHE MINUTES THE EXECUTED AGREEMENT FOR THEADVANCED EDUCATION CENTER, LONG BEACHUNIVERSITY OF SOUTHERN MISSISSIPPI


MISSISSIPPI, that the Board does HEREBY ACKNOWLEDGE RECEIPT AND SPREAD

UPON THE MINUTES the executed agreement for the Advanced Education

center, Long Beach University of Southern Mississippi, same being in the

following form, words and figures, to-wit:

7

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JUNE 1998 TERM

AGREEMENT BETWEEN THE UNIVERSITYOF SOUTHERN MISSISSIPPI AND LOCAL

GOVERNMENTAL ENTITIES FOR THE PROVISIONOF LOCAL MATCHING FUNDS FOR THE

ACQUISITION, CONSTRUCTION, EQUIPPINGAND FURNISHING OF THE UNIVERSITY

OF SOUTHERN MISSISSIPPI ADVANCEDEDUCATION CENTER

This Contractual Agreement is made by and between the University of Southern

Mississippi (hereinafter referred to as "USM"), a state institution of higher learning within

the State of Mississippi, Harrison County, Mississippi, the City of Gulfport, lVIississippi,

the City of Biloxi, Mississippi, the City of Long Beach, Mississippi, the C:ty of D'Iberville,

Mississippi, and the City of Pass Christian, Mississippi.

WHEREAS, Mississippi House Bill No. 1702 (1995), Sections 19 through 36,

provides for the necessary funding for the acquisition, construction, equipping and

furnishing of the University of Southern Mississippi Advanced Education Center,

(hereinafter referred to as the "Center"); and

WHEREAS, the development of the Center is a joint and cooperative effort of

USM and local business, industry, economic development and governmental entities

and, such Center shall be located in Long Beach, Mississippi on the Gulf Park Campus

of USM; and

WHEREAS, USM agrees to house the Center at Gulf Park on property owned by

USM however, the Center will not be used for any purpose that may jeopardize the tax

exempt status of the bonds issued hereunder; and

WHEREAS, the construction of the Center is contingent upon the locality in

which the Center is to be located providing matching funds in the amount of TWO

MILLION DOLLARS ($2,000,000.00); and

WHEREAS, the governing authorities of Harrison County, Mississippi, the City of

Gulfport, Mississippi, the City of Biloxi, Mississippi, the City of Long Beach, Mississippi,

the City of D'Iberville, Mississippi and, the City of Pass Christian, Mississippi have

approved resolutions providing said matching funds; and

WHEREAS, the parties hereto desire that bonds be issued by the State of

Mississippi in accordance with the provisions of said House Bill No. 1702 (1995); and

NOW THEREFORE, in consideration of the mutual covenants herein set forth,

USM and Harrison County, Mississippi, the City of Gulfport, Mississippi, the City of

Biloxi, Mississippi, the City of Long Beach, Mississippi, the City of D'Iberville,

Mississippi, and the City of Pass Christian, Mississippi hereby agree as follows:

1. USM will provide the real property on which theCenter will be constructed in Long Beach,Mississippi, on the Gulf Park Campus of USM.

447

448 MINUTE BOOKBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

JUNE 1998 TERM

2. TWO MILLION DOLLARS ($2,000,000.00) inlocal match money will be provided to supportfunding for construction of the Center by thefollowing parties to this Agreement and, in thefollowing percentages:

a. Harrison County, Mississippi - Thirty-nine percent (39%)b. City of Gulfport, Mississippi - Twenty-eight percent (28%)c. City of Biloxi, Mississippi - Twenty point five percent (20.5%)d. City of Long Beach, Mississippi - Seven percent (7%)e. City of D'Iberville, Mississippi - Three percent (3%)f. City of Pass Christian, Mississippi - Two point five percent (2.5%)

J

IN WITNESS WHEREOF, this Contractual Agreement has been approved and

executed by USM, by Harrison County, Mississippi, by the City of Biloxi, Mississippi, by

the City of Long Beach, Mississippi, by the City of D'Iberville, Mississippi, and, by the

City of Pass Christian, Mississippi

UNIVERSITY OF SOUTHERN MISSISSIPPI

.d;~~:;..e--~ .k.~--r'

P esident of USM

HARRISON COUNTY, MISSISSIPPI

CITY OF GULFPORT, MISSISSIPPI

esident of the Councilof the City of Gulfport

CITY OF BILOXI, MISSISSIPPI

2

Date

Date

Date

Date

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MINUTE BOOK 449BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

JUNE 1998 TERM

CITY OF LONG BEACH, MISSISSIPPI

I Mayor of City of Long Beach

CITY OF D'IBERVILLE, MISSISSIPPI

CITY OF PASS CHRISTIAN, MISSISSIPPI

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¢/fJOat

3

450


JUNE 1998 TERM

Supervisor ROBIN ALFRED MIDCALF seconded the motion to adopt the ]



supervisor BOBBY ELEUTERIUS voted AYE

Supervisor LARRY BENEFIELD voted AYE

supervisor DAVID V. LAROSA, SR. voted AYE





the Order adopted.

THIS the 1st day of June, 1998.

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JUNE 1998 TERM

I There came on for consideration by the Board the matter of a request

for the Board to provide adequate street lighting by installing street lights as

hereafter listed, located in Supervisor's voting District 2, whereupon

Supervisor ROBIN ALFRED MIDCALF moved adoption of the following Order:

ORDER AUTHORIZING AND DIRECTING INSTALLATION OF STREETLIGHTS, AS L1S'rED, IN SUPERVISOR'S VOTING DISTRICT 2, ANDASSUMING RESPONSIBILITY FOR ELECTRICAL BILLS ON SAME

WHEREAS, the Board of Supervisors of Harrison county, MiSSissippi

C hereby finds that the Board shall authorize and direct installation of street

lights located at 12530 & 12464 Fox Forest Drive, and 19709 W. wortham Road,

in supervisor's voting District 2 in Harrison county, Mississippi.

IT IS THEREFORE ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON

I COUNTY, MISSISSIPPI that the Board does HEREBY APPROVE installation of

street lights located at 12530 & 12464 Fox Forest Drive, and 19709 W. Wortham

Road, in Supervisor's voting District 2 in Harrison county, MiSSiSSippi.

IT IS FURTHER ORDERED BY THE BOARD that the Clerk of the Board be, and

he is HEREBY AUTHORIZED AND DIRECTED to advise the electrical company

~ involved that the County will assume payment for all future electrical billS,

effective this date, for the above street lights, to be paid from the Road

Fund.


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


E

,






AYE

AYE

AYE

AYE

AYE

452MINUTE BOOK


JUNE 1998 TERM

The motion having received the affirmative vote from the majority of Jthe supervisors present, the President then declared the motion carried and

the Order adopted.


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453


JUNE 1998 TERM


Order:

ORDER REAPPOINTING CADET GRIFFITH AS A MEMBER OF THEHARRISON COUNTY FIRE COMMISSION FOR A TERM OF FOURYEARS, ENDING AUGUST 19, 2003


MISSISSIPPI, that the Board does HEREBY REAPPOINT Cadet Griffith as a

member of the Harrison County Fire Commission for a term of four years,

ending August 19,2003, Mr. Griffith having been appointed to serve on said

commission from March 29, 1993 through March 29, 1997 and having

continued serving at the pleasure of the Board.


and foregoing Order, whereupon the president put the question to a vote







AYE

AYE

AYE

AYE

AYE



the Order adopted.


I * *

454MINUTE BOOK


JUNE 1998 TERM


Order:

ORDER APPOINTINC DR. FRANK CRUICH AS A MEMBER OF THEMISSISSIPPI CULF COAST COMMUNITY COLLECE BOARD FOR ATERM OF FIVE YEARS, ENDINC MAY 5,2003


MISSISSIPPI, that the Board does HEREBY APPOII\lT Dr. Frank Gruich as a

member of the Mississippi Gulf Coast Community College Board for a term of

five years, ending May 5, 2003.




J






AYE

AYE

AYE

AYE

AYE

J



the Order adopted.


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455


JUNE 1998 TERM


Order:

ORDER REAPPOINTING DR. LAWRENCE COLLINS AS A MEMBER OFTHE MISSISSIPPI COAST TRANSPORTATION AUTHORITY FOR ATERM OF FIVE YEARS, ENDING MAY 15,2003


MISSISSIPPI, that the Board does HEREBY REAPPOINT Dr. Lawrence Collins as a

member of the Mississippi Coast Transportation Authority for a term of five

years, ending May 15, 2003, Dr. Collins having been appointed to serve on said

Authority from July 14,1997 through May 15,1998 and having continued

serving at the pleasure of the Board.









AYE

AYE

AYE

AYE

AYE



the Order adopted.


E * *

456


JUNE 1998 TERM


Order:

ORDER APPROVING RIGHT OF WAY AGREEMENT BY AND BETWEENPASS CHRISTIAN SCHOOL DISTRICT AND HARRISON COUNTY BOARDOF SUPERVISORS AND AUTHORIZING PAYMENT OF $5,550.00


MISSISSIPPI, that the Board does HEREBY APPROVE the Right of way Agreement

by and between Pass Christian School District and Harrison County Board of

supervisors, same being as follows, to-wit:

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457


JUNE 1998 TERMRIGHT OF WAY AGREEMENT

SIXTEENTH SECTION LANDSHARRISON COUNTY, MISSISSIPPI

THIS Right of Way Agreement is executed by and between PASS CHRISTIAN

SCHOOL DISTRICT, acting by and through its Board of Trustees (Grantor), 701 W.

North Street, Pass Christian, Mississippi 39571, and Harrison County acting by and

through its Board of Supervisors (Grantee), said Grantor does hereby convey, transfer

and warrant unto Grantee for and in consideration of the sum of FIVE THOUSAND

FIVE HUNDRED AND FIFTY AND NO/100 DOLLARS ($5,550.00), cash in hand paid,

the following described sixteenth section property for widening sixteenth section road

situated in Harrison County, Mississippi. to-wit:

Commence at the Northeast corner of the Southeast Quarterof Section 16, Township 7 South, Range 13 West, HarrisonCounty, Mississippi; thence N 87 degrees 31' W a distanceof 411.5 feet to a point; thence S 67 degrees 39' W adistance of 418.9 feet to a point; thence S 37 degrees 32' Wa distance of 112.05 feet to a point on the centerline ofVidalia Road; thence N 13 degrees 55' W along saidcenterline a distance of 676.35 feet to a point; thence N 63degrees 45' E a distance of 35.6 feet to a point on the EastRight-of-Way of said Vidalia Road and the Point ofBeginning; thence continue N 63 degrees 45' E a distanceof 337.05 feet to a poinl; lhence N 44 degrees 02' E adistance of 586.6 feel to a point; thence N 30 degrees 58' Ea distance of 182.41 feel to a point; thence N 71 Degrees29' E a distance of 166.58 feet 10 a point on lhe East line ofsaid Section 16.

This Roadway easement shall be twenly (20) feel in width,being ten (10) feet on either side of the above describedcenlerline, and containing .58 acres, more or less, andbeing situated in Section 16, Township 7 South, Range 13West, Harrison County, Mississippi.

This grant right-of-way is in perpetuity until and unless the therein described

property ceases to be used or is abandoned as public road whereupon said land shall

immediately and automatically without further any action shall revert to the Grantors

and the School Land Trust.

IN WITNESS WHEREOF, the undersigned Board of Trus(ees of the Pass

Christian School District on this the 16th day of --=March.==..:.. , 1998.

458MINUTE BOOK


JUNE 1998 TERM

BOARD OF TRUSTEES OF THE PASSCHRIS N PUBLIC SCHOOL DISTRICT


COUNTY OF HARRISON

Personally appeared before me, the undersigned authority in and for the saidcounty and state, on this the ~tday of March, 1998, within my jurisdiction. the withinnamed HarrisoD county and Mississippi , who acknowledged thatthey are the President and Superintendent. respectively, of the Board of Trustees of thePass Christian Public School District, and that for and on behalf of said Board of Trusteesand as its act and deed, they executed the above and foregoing Easement for Right ofWay after first having been duly authorized so to do.

o1~F~~~<..\ ~{"NOTARY PUBLIC

My Commission Expires:

Septemer 25 200]

]

JGrantor's Address:

INDEXING INSTRUCTIONS:

Grantee's Address:

SE 1/4, Section 16-T7S-R13W, 1st J.D., HarrisonCounty. MS

Instrument Prepared By: Eaton & Cottrell, PA., P.O. Box 130, Gulfport. Mississippi39502; (601) 864·9900

]

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JUNE 1998 TERM

IT IS FURTHER ORDERED that the Board does HEREBY AUTHORIZE payment

of $5,550.00 for said right-of-way.





Supervisor LARRY BEl\IEFIELD voted




AYE

AYE

AYE

AYE

AYE


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

the Order adopted.


* * *

I

The board discussed the following:

Setting up for the polling places in Harrison county; and recognizing

Trudy Adkins, graduate from Gulfport High School.

NO Board action was taken.

* *

460


JUNE 1998 TERM


ORDER APPROVING PAYROLL FOR THE MONTH OF JUNE 1998


MISSISSIPPI, that the Board does HEREBY APPROVE payroll for the month of

June 1998.




]


Supervisor LARRY BEI\lEFIELD voted




AYE

AYE

AYE

AYE

AYE ]The motion having received the affirmative vote from the majority of


the Order adopted.


* * *

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JUNE 1998 TERM


Order:

ORDER ACCEPTING THE LOW BID OF IKON OFFICE SOLUTIONS INTHE AMOUNT OF $85,770.00 FOR BID #98-0501, COMPUTERHARDWARE FOR THE HARRISON COUNTY UNIFIED COURT SYSTEM

WHEREAS, the Board of supervisors does hereby find as follows:

1. That this Board, at a meeting heretofore held on the 11 th day of May

1998, 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 #98-0501,

Computer Hardware for the Harrison County Unified Court System.

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

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 Notice of Invitation to Bid was published on

the 15th and 17th days of May 1998.

3. That publication of said Notice of Invitation to Bid has been made

once each week for two (2) consecutive weeks, the last of which was at least

seven (7) working days prior to May 29,1998, 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:

II

462


JUNE 1998 TERM

]

PROOF OF PIJBLICATIONSTATE OF MISSISSIPPI

COUNTY OF HARRISON

NOTICE OF INVITATION TO BID

g:a=~;U':.~~l~~son County. Mls$issiPlM, at theBoard M_ting Room in 1M First.JudIoa1 CouMouse in Gulfport.M~pi,Uf1b1lh.houroll0;30

Q'etock A.M. on May 29. 1~~8. rOfpurena.se try Hamson Covr!ty ttM

~~CHASE:BIDI9B-OSOl

~~::'itC~terso-Eighteen (18) p~ Com-~"'(E"""'"s~to~:Z:::':~~~BId 19a.(l~l abow may blt ob~ lrom tht Hanison Countypurchnlng ~nL Ioc::aledIn 1M Flrsl Judicil,l Cour1hau&e,,SOt Z!td A"'I., GuIIpoI'l, M..I11IIppl 39502. Telephont n~r(228186$-4028All bids mU$1 bf Otl. with In.Chide of the Boant MUST Ihow'lIMI BM:kIeI"'I twM and addrus;Must be' snled and ct..ttymatUd on 1M ouIMM of 1M linwIoplI as indicated • -std No.98-0501,lobeQPel'llMlonMay29.In&.· Eno.t.lopet not so tl'II.tke<l.,. lubmltuKI al !he NIt ot theBldcIetandttMtCol.nty~.

nonn.ponsibilltyforlhe P1'llmllturl~~ same by any County

8* Mf'It through 11M U.s. Mdate done al tha nP. Of hi Bidderand IhouId be addfQY<l Ie 1MBoard 01 SupeMscn. k"I cue of

~~~~=.~~.1Isslppt. 39502. The County •

NOT rnponsitlte lor bIOs that .,.~ '" tM ""'"0 .ddt... orlhalarrivainll'wlmallalt.rthedlll191\1111td OjH!rIlng lime. Bid' lMybe dell.... red in peraan to thepurclw-.lng ~.rtnwn,In-Flu'Judlca..l Courthou.... 11el12Jrcl AwnlHl. Guhpof1. MI..IsIlppl unUI 5:00 P.".. ".'1 21,1996, or to the Board oj Supervi-

~~~~=~Fin"A~":pori. Mi$.SISSlpPion M.yZ9. 1.998.pnor 10 It1eo~ bme as Iitledabove.Bidswillber~.llhetimlt

and In the pl.~ slat-a tnt iIboYeIn this. NDllca and wit It1en ..ndIhet.Mop4IMdC.t••C1a1oud.ancI •con.clerltCl. The Board reserves •IMl'Igttltt?tejectarryancldbidsanCIlo ........... tnfomwi1..s.

John McAdam$ClERK. Board 01 Supervisors

(SEAl). By: FNlCn Gily D.C.

.:.V....:.::::.•dV::.;..:.::".::.:17__,"'..

Before me, the undersigned Notary Public of Harrison County,

Mississippi, personally appearedl":::~~:S::~~')"'~~~~...----

who, being by me first duly swom, di epose an

clerk of~"-...s> c::;;:,.'b~~~_____________, a newspaper published in the

city oG~». ,in Harrison County, Mississippi,

and that publication of the notice, a copy of which is hereto attached,

has been made in said paper r=:::J. times in the following

numbers and on the following dates of such paper, viz:

<:~ap~OI.~No.,~dated..l5.-dayo~ 1~~ap~Vol..ili-No.,~\ dated...D....-dayo~ 19~__Paper__Vol.__No.,__dated__day of__• 19__

__Paper__Vol.__No.,__dated_-day of__• 19__

__Paper__Vol.__No.,__dated_-day of__, 19__

__Paper__Vol.__No.•__dated__day of__•19__

__Paper__Vol.__No.,__dated__day of__, 19__

Affiant further states 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.

~~~

]

Sworn to and subscribed before me this'_\---'~L-8- day of

~e::5>c ,A.D.,1~.([/;LC,k,) Sh~

Mv Commission Expires 10/15199 Notary Public

Printer's Fee $ -:>..,;./~ _Furnishing proof of publication $__--,<ZC- _

TOTAL $_.LZ _ ]

4. That bids were received at the time and place and in the manner

provided in said Notice of Invitation to Bid. The following bids were

received:

463


JUNE 1998 TERM

•..:.'.'•MINIMUM Specifications and Bid Fonn for Hardware needed for Harrison County Unified Court System. SpecificSpecifications attached. These prices must be guaranteed for one year from bid opening date.

1. All products must be new.2. All products must carry at least a one year on site warranty.3. Vendors must include Manufacturer's Name & Model Numbers.4. All vendors must include Mississippi Vendor License Number.5. Delivery date of all equipment must be included.6. Technical questions not addressed here should be directed to Sue Shipman (228) 865-4250.

BIDS:

QUANTITY(30-47)

Personal ComputersManufacturer and Model Number T//23? bJ/3Cc"1vk."tI\ E"4j

Price Each $ _/.;.~.;l5'i-'lq,-,gLl'...LI...O<-- _

I

QUANTITY(18)

Personal ComputersManufacturer and Model Number

Price Each $

I Certify the equipment offered meets or ~xceeds the foregoing specifications.

DATE:,_..::::5:~J~2._'1=---J/~9.L..:t",----- _VENDOR:~u.J.~~ ,.........r-_=__--_

SIGNED BY (Name and Title)I~~~'1-.,L##-J'2lmQLU::_LJ.~~'iLa:t.4::::;;/;:!.~~~-=::::::::::

MISSISSIPPI VENDOR LICENSE NlJMBER._-,,6~'+-~~~LL...:......lL-__---,J.~ _

ADDRESS; 52Q E. Rr4-lL l2ct1d LM5 Bet!t<-h .M5 J95't, 0

TELEPHONE: 2,.2'f,-f{('3-5J l'j FAX: 22,&, US -72.«0

PLEASE SUBMIT YOUR BID ON THIS BID FORM. FAILURE TO DO SO MAY DISQUALIFY YOUR BID.BID #98-0501 TO BE OPENED ON May 29,1998.

I

464


JUNE 1998 TERM

MINIMUM Specifications and Bid Fonn for Hardware needed for Harrison County Unified Court System. SpecificSpecifications attached. These prices must be guaranteed for one year from bid opening date.

1. All products must be new.2. All products must carry at least a one year on site warranty.3. Vendors must include Manufacturer's Name & Model Numbers.4. All vendors must include Mississippi Vendor License Number.5. Delivery date of all equipment must be included.6. Technical questions not addressed here should be directed to Sue Shipman (228) 865-4250.

BIDS:

]

QUANTITY(30-47)

Personal ComputersManufacturer and Model Number fleer {!)iJeV\.... PlI- /t- 33 -15'-11/'1

Price Each $ --'-;~';=-O~,7-.8;o-(-":@::r-"'-'--=----'--'=----Jl.c......::.=--,-=:.......:.::r-.:;"-

QUANTITY Personal Computers(18) Manufacturer and Model Number t9cer0 P12J1 PIL-:J.33-/5-la!loO

Price Each $ --t..1J..9Lllo"".,'-"_t:J _

QUANTITY 24-PORT FMS Token Ring Hubs(3) Manufacturer and Model Number 3CDM -:f.t=3CSID511t3

Price Each $ }!tJ()O,OO

DATE OF EQUIPMENT DELIVERY: ----",=0i:....::i("""..:...;'f"--LG!«:O,';-l.1-1...1.q4r---,~~ _

I Certify the equipment offered meets or exceeds the foregoing specifications.

DATE: 511 9/'18II

VENDOR: 5 u,pte/lYie !ZlJeo/n-ul/\ C6W1PU+~t: Co,SIGNEDBY(NameandTitle)~ea~ - 5,£, 4q(/£tlal5~

MISSISSIPPI VENDOR LICENSE NUMBER'--.XVCJ.6'-L6,,-,D~lc-,Jc::3,-,,~,,-qL-S;=.,,1J,",---- _

ADDRESS: 105/5 //Jack/san R.d, - f)o.Ut?.c"tX, IS~38. I

TELEPHONE: '8S'l?-~~/-3S88 FAX: (flY) 3lf3-7Uf8Lcce.2- J,J-s- Lj. ~5' - (P¢,fp3

PLEASE SUBMIT YOUR BID ON THIS BID FORM. FAILURE TO DO SO MAY DISQUALIFY YOUR BID.BID #98-0501 TO BE OPENED ON May 29, 1998.

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JUNE 1998 TERM

3407 Hardy StreetHattiesburg. MS 39402Phone: 601·271·2090Fax: 601·271·2073E-Mail: hollyinc gnctdOOT.CllHI

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May 27, 1998

Harrison County Board of SupervisorsPurchasing DepartmentPost Office Drawer CCGulfport, MS 39502

Dear Sir or Madam:

Please find enclosed our response to Bid # 98-050 I. This is a two-section bid on computer systems,related Local Area Network hardware, and operating system and office suite software.

To introduce our company to you, I would like to provide an overview of our operation. HollywoodComputers has been in business for five years. Mrs. Huelene Hollingsworth of Purvis, Mississippiowns the company and it started out with only three people on staff. We now have eleven full-timeemployees. The business has steadily grown until today we have two stores, the headquarters inHattiesburg and a satellite store in Gulfport. Ol1r technical staff is A+ certified in PC repair and weare currently an Authorized Service Center for the following name brand systems; HP, IBM, Acer,AST, Packard Bell, Everex, and Magitronic. We are also an Authorized Service Center for HPLaserJet Printers. There are two Certified Novell Engineers on staff and several of our techniciansare working toward the Microsoft Certified System Engineer status. The technical staff has over 70years combined experience in computer maintenance and repair, and Local Area Network design andimplementation.

We appreciate the opportunity to be of service to Harrison County and look forward to helping you inany way possible. Please call me if you have any questions or comments.

~s"".reIY:$JJim EstesSales Manager

I CUHH:CU CC\ll"LlU;S-

Because every business is a majorproduction.

466


JUNE 1998 TERM

1720B E. Pass Road Gulfport, MS 39507Phone 228-896-2800 Fax 228-896-2850

E-Mail heirwnetdoor.eom

]

DATE:

TO:

FROM:

RE:

May 27,1998

Susan 1. Shipman, Data Processing Director

Jim Estes, Sales Manager

Bid Number 98-0401, Computer Equipment

BID SECTION ONE

PCI Motherboard512k Cache64MB SDRAM2.1GB Ultra DMA HDD24XCD-ROM2 16550 Serial Ports15" SVGA .28 Monitor

Minimum Quantity - 30, Maximum Quantity - 47 PC's with the following specs:Magitronic5 Bay Mid-Tower CaseIntel Pentium II 233MHz CPUFast EIDE PCI Controller1.44MB 3.5" FDD21vffi PCI Video w/ Graphics Accelerator1 Bi-Directional Parallel PortWIN95 Keyboard & MouseMicrosoft NT Workstation 4.0 - installedMicrosoft Office 97 Pro ,"vith Access - installed3COM 3C339 PCI 16/4MB Token Ring Adapters with RJ45 Connection1 Year On-Site Warranty through Hollywood Computers - Response Mondaythrough Friday guaranteed within 24 Hours

]

Quantity 30 - 39 @ S 1675.00 each =Quantity 40 - 47 @ $ 1650.00 each =

$ 50,250.00 to $ 65,325.00$ 66,000.00 to $ 77,550.00

* -Minimum of 10 PC's to be delivered by 6/15/98

Additional Hardware & Software:

Three 24 Port 3COM FMS Token Ring Hubs @ $1695.00 ea. = $ 5085.00]

Intel Pentiwn II 233 CPU64MBSDRAM1.44MB 3.5" FDD32XCD-ROM3COM 10/100 NIC15" Monitor

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JUNE 1998 TERM

BID SECTION TWO

18 PC's with the following specs:

5 Bay Midtower Case512k CacheFast EIDE PCI Controller2.1GB FastATA HDD2MB Video w/ Graphics AcceleratorWIN95 Keyboard & MouselVlicrosoft NT Workstation 4.0 - installedl."licrosoft Office 97 Pro with Access - installed1 Year On-Site Warranty through Hollywood Computers - 24 Hour Response

I

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Quantity 18 @ $ 1335.00 each = $ 24,030.00

~a')(Xl

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469


JUNE 1998 TERM

BID SECTION ONESpecifications for PC's

Minimum ono PC's Maximum of 47 PC's.with the following Minimum Configuration:

HARDWARE:5 Bay mid-tower case (INDUSTRY STANDARD ATX)PCI motherboard with Intel PII-233512K cacheI - 64 Meg Ram chipFast EIDE PCI controller2 16550 Serial, I bi-directional parallel port3.5" floppy2. J GB fast ATA hard drivePCI graphics accelerator w/2 Meg15" super VGA monitor (.28 pitch or better)24XCD-ROM16/4 mb (3com) Token Ring Adaptors with RJ45 Connection installedMicrosoft Windows NT Workstation version 4.0 installedMicrosoft Office 97 Pro w/Access installedMicrosoft mouse and pad104 enhanced keyboardI year on site warranty

EACH PC MUST HAVE CORRESPONDING ORlGINAL SOFTWARE ANDMANUALS INCLUDED. ALSO ALL SOFTWARE MUST BE FULL VERSIONSNOT UPGRADES. THESE WORKSTATIONS WILL NOT BE HOOKED TO ASERVER SO NT SOFTWARE IS FOR CLIENT NOT SERVER.

ADDITIONAL HARDWARE:3 - 24 port (3com) FMS Token Ring Hubs - model 3C51 0511B

Minimum often token ring PC's must be delivered in-house not later than June 10, 1998.

VENDOR IS RESPONSIBLE FOR BIDDING ALL COMPONENTS.(CABLES, DRIVERS, ETC.) REQUIRED TO CREATE FULLY FUNCTIONALSYSTEMS.

ALL QUOTES MUST INCLUDE SHIPPING, HANDLING AND INSIDEDELIVERY

I

470


JUNE 1998 TERM

BID SECTION TWO18 PC's with the following Minimum Configuration:

HARDWARE:5 Bay mid-tower case (INDUSTRY STANDARD ATX)PCI motherboard with Intel PII-233512K cache1 - 64 Meg Ram chipFast EIDE PCI controller2 16550 Serial, 1 bi-directional parallel port3.5" floppy2.1 GB fast ATA hard drivePCI graphics accelerator w/2 MegIS" super VGA monitor (.28 pitch or better)24XCD-ROM100lvfB Ethernet cards (3com) installedMicrosoft Windows NT Workstation version 4.0 installedMicrosoft Office 97 Pro wiAccess installedMicrosoft mouse and pad104 enhanced keyboard1 year on site warranty

EACH PC MUST HAVE CORRESPONDING ORIGINAL SOFTWARE ANDMANUALS INCLUDED. ALSO ALL SOFTWARE MUST BE FULL VERSIONSNOT UPGRADES.

VENDOR IS RESPONSIBLE FOR BIDDING ALL COMPONENTS.(CABLES, DRIVERS, ETC.) REQUIRED TO CREATE FULLY FUNCTIONALSYSTEIVlS TO BE USED AS IBMlAS400 WORKSTATIONS THROUGH THEUSE OF ETHERNET.

ALL QUOTES MUST INCLUDE SHIPPING, HANDLING AND INSIDEDELIVERY

]

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471


JUNE 1998 TERM

MINIMUM Specifications and Bid Form for Hardware needed for Harrison County Unified Court System. SpecificSpecifications attached. These prices must be guaranteed for one year from bid opening date.

I. All products must be new.2. All products must carry at least a one year on site warranty.3. Vendors must include Manufacturer's Name & Model Numbers.4. All vendors must include Mississippi Vendor License Number.5. Delivery date of all equipment must be included.6. Technical questions not addressed here should be directed to Sue Shipman (228) 865-4250.

BIDS:

QUANTITY(30-47)

QUANTITY(18)

Personal ComputersManufacturer and Model Number --PCI\'\~f?S AfY\.O.i'Cl -# ;;2 325

Price Each $ rqfl

Personal ComputersManufacturer and Model Number -:VOJitd f4VV\Q....-f'O, d 3 d5"

Price Each $ IS/../O

ADDRESS:

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QUANTITY 24-PORT FMS Token Ring Hubs(3) Manufacturer and Model Number 3COlf'V) -# 3C.S105 JIB

Price Each $ J57 0

DATE OF EQUIPMENT DELIVERY: ---=J-;=----=-tJ...:...rU...::....::...-...:....I....:::0'---Jf-1-..J/L 1-L...j9L.L...!8'- _

I CertifY the equipment offered meets or exceeds the foregoing specifications.

DATE:_------"s'"--+/I-=d'-1.L-,/,l-J-.L9-'-<S'------ _

VENDOR:. ;L.:........:..../~_O=-:JJ'----'-------::::Oc...:.h____'Hc....:/_=(:=_=C::..........o.5=_<.()L..L.d.!LL..!j'f.c...:.J_"'O:.L...n.'=~""____ _

SIGNED BY (Name and Title) . ScGH miL lIe: fl ~Q 1'710 IJ ic 'Y . 5a. IrsFe:t> *" i

MISSISSIPPI VENDOR LICENSE NUMBER d.3- Of L/q 30L\ ?b.

,~'i53 Dc k2r)'!-S Rei (Jo/EpI2d; 1J1$ 3QS67TELEPHONE: (2:;;5) 8910-559& FAX: G?d~) 87/0 - 9/1&

PLEASE SUBMIT YOUR BID ON THIS BID FORM. FAILURE TO DO SO MAY DISQUALIFY YOUR BID,BID #98-0501 TO BE OPENED ON May 29,1998.

472


JUNE 1998 TERM

INTErG?RH

9-9805-08004

May 27,1998

Ms. Susan I. ShipmanPurchasing DepartmentHarrison CountyFirst Judicial Courthouse1801 23rd AvenueGultport, Mississippi 39502

Reference: Bid Number #98-0501 for Hardware for the Harrison County Unified CourtSystem.

Dear Ms. Shipman:

Intergraph Corporation is pleased to have the opportunity to respond to the above-referencedrequest. We have a long history ofproviding state-of-the-art hardware solutions to bothgovernment agencies and conunercial companies.

Ifyou need additional information or any assistance in your evaluation of this response, pleasecontact me at (256) 730-8602.

Sincerely,

(p~~qArwfl~bEarl JohnsonHardware Sales Representative

Intergraph Corporation

Huntsville. Alabama 35894·0001Phone: (205) 730·2000

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473


JUNE 1998 TERM

BID SECTION ONE

I

Specifications5 Bay Mid-tower (Industry standard ATX)PCI motherboard with Intel PII-233512k cacheI-64mb ram chipFast EIDE PCI controller2 16550 Serial, I bi-directional parallel port3.5" floppy2.1GB floppyPCI graphics controller w/2mb15" super VGA monitor (.28 pitch or better)24xCDROM16/4 (3com) token ring adaptors with rj45 connectionMS WTW4.0MS Office PRO 97 w/AccessMS Mouse and padI04 enhanced keyboardI-year, on-site warranty

Price

TD250Meet SpecsPH 266 mhz processorMeet SpecsTotal 96mb, 164mb dimm, 132mb dimmMeet SpecsMeet SpecsMeet SpecsMeet SpecsPCI graphics w/4mbMeet SpecsMeet SpecsMeet Specs (3Com)Meet SpecsMeet SpecsMeet SpecsMeet SpecsMeet Specs, plus 2 years parts swap2 USB PortsWatchdog system monitoring s/w$2,391.241 unit

I

Ten token-ring PCs can be delivered in-house no later than June 10, 1998. There is 30day delivery on remaining equipment after receipt of an acceptable purchase order.

474


JUNE 1998 TERM

BID SECTION TWO

J

Specifications5 Bay Mid-tower (Industry standard ATX)PCI motherboard with Intel PII-3335I2k cacheI-64mb ram chipFast EIDE PCI controller2 16550 Serial, 1 bi-directional parallel port3.5" floppy2.1 GB floppyPCI graphics controller w/2mb15" super VGA monitor (.28 pitch or better)24xCDROM100MB ethernet cards (3COM)MSWTW4.0MS Office PRO 97 w/AccessMS Mouse and pad104 enhanced keyboardI-year, on-site warranty

Price

TD2S0Meet SpecsMeet SpecsMeet SpecsTotal 96mb, 164mb dimm, 132mb dimmMeet SpecsMeet SpecsMeet Specs6.4GB hard drivePCI graphics w/4mbMeet SpecsMeet SpecsMeet Specs (3Com)Meet SpecsMeet SpecsMeet SpecsMeet SpecsMeet Specs, plus 2 years parts swap2 USB PortsWatchdog system monitoring sfw & hfw$2,533.78 / unit

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475


JUNE 1998 TERM

IMINIMUM Specifications and Bid Form for Hardware needed for Harrison County Unified Court System. SpecificSpecifications attached. These prices must be guaranteed for one year from bid opening date.

I. All products must be new.2. All products must carry at least a one year on site warranty.3. Vendors must include Manufacturer's Name & Model Numbers.4. All vendors must include: Mississippi Vendor License Number.5. Delivery date of all equipment must be included.6. Technical questions not addressed here should be directed to Sue Shipman (228) 865-4250.

BIDS:

QUANTITY(30-47)

QUANTITY(18)

Personal ComputersManufacturer and Model Number Intergraph TD-250

Price Each $ 2,391. 24

Personal ComputersManufacturer and Model Number Intergraph TD-250

Price Each $ 2,533.78

IQUANTITY 24-PORT FMS Token Ring Hubs(3) Manufacturer and Model Number 3Com 3C51051 IE MAU

Price Each $ 4,200.00

DATE OF EQUIPMENT DELIVERY: 30 Days ARO; 10 Token-Ring PCs can be deliveredin-house no later than 6/10/98.

I Certify the equipment offered meets or eltcee:ds the foregoing specifications.

DATE: May 27, 1998

VENDOR: Intergraph Corporation

~AQr;.-'F11 Fv!d-u~ Ir bSIGNED BY (Name and TitIe~r1 Joh..({'S'on"; Haidwa"l:J Sales Representative

C MISSISSIPPI VENDOR LICENSE NUMBER On record with the County

ADDRESS: Huntsv.ille, Alabama

TELEPHONE: (256) 730-8602

35894-0001

FAX: (256) 730-1169

PLEASE SUBMIT YOUR BID ON THIS BID FORM. FAlLURE TO DO SO MAY DISQUALIFY YOUR BID.BID #98-0501 TO BE OPENED ON May 29,1998.

I

47flMINUTE BOOK


JUNE 1998 TERM

MIDWEST MICRO

May 27,1998

Susan ShipmanHarrison County Board of SupervisorsPurchasing Dept In First Judicial Courthouse1801 23rd AveGulfport, MS 39502

Dear Ms. Shipman:

Midwest Micro would like to Thank You for giving us the opportunity to issue you aquotation and we look forward to doing business with you.

In our 16 ye~rs of experience with computers and computer related equipment,Midwest Micro has strived to exceed our customer's expectations. We havecontinuously provided them with the latest and most reliable computer equipmentavailable in today's competitive market. Persistence, dedication and exceptionalcustomer support, along with teaming together with our customers and vendorsallows us to continually provide a superior value to you.

Please reference quote # 6201659 on any correspondence relating to the RFQ.If you have any questions, please feel free to contact me at your convenience.

Sincerely,

~~~Contract CoordinatorE-Mail Address:[email protected]

Enclosures: Completed bid forms, Attachments, Specifications, and Warranty information.

6910 State Roule 36Fletcher, Ohio 45326

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477


JUNE 1998 TERM

BID SECTION ONESpecifications for PC's

Minimum of30 PC's Maximum of 47 PC'swith the following Minimum Configuration:

HARDWARE:5 Bay mid-tower case (INDUSTRY STANDARD ATX) --7 BaysPCI motherboard with Intel PII-233512K cache1 - 64 Meg Ram chipFast EIDE PCI controller2 16550 Serial, 1 bi-directional parallel port3.5" floppy2.1 GB fast ATA hard drivePCI graphics accelerator w/2 Meg15" super VGA monitor (.28 pitch or better)24X CD-ROM --32X16/4 mb (3com) Token Ring Adaptors with RJ45 Connection installed -Included, not installedMicrosoft Windows NT Workstation version 4.0 installedMicrosoft Office 97 Pro wiAccess installedMicrosoft mouse and pad104 enhanced keyboard1 year on site warranty

EACH PC MUST HAVE CORRESPONDING ORIGINAL SOFfWARE ANDMANUALS INCLUDED. ALSO ALL SOFfWARE MUST BE FULL VERSIONSNOT UPGRADES. THESE WORKSTATIONS WILL NOT BE HOOKED TO ASERVER SO NT SOFfWARE IS FOR CLIENT NOT SERVER.

ADDITIONAL HARDWARE:3 - 24 port (3com) FMS Token Ring Hubs - model 3C510511B -- $ 1515.00 Fa

Minimum often token ring PC's must be delivered in-house not later than June 10, 1998.

VENDOR IS RESPONSIBLE FOR BIDDING ALL COMPONENTS.(CABLES, DRIVERS, ETC.) REQUIRED TO CREATE FULLY FUNCTIONALSYSTEMS.

* cannot quote cabling without information on current network cabling*ALL QUOTES MUST INCLUDE SHIPPING, HANDLING AND INSIDEDELIVERY

478


JUNE 1998 TERM

BID SECTION TWO18 PC's with the following Minimum Configuration:

HARDWARE:5 Bay mid-tower case (INDUSTRY STANDARD ATX) --7 BAY

PCI motherboard with Intel PII-233512K cache1 - 64 Meg Ram chipFast EIDE PCI controller2 16550 Serial, 1 bi-directional parallel port3.5" floppy2.1 GB fast ATA hard drivePCI graphics accelerator w/2 MegIS" super VGA monitor (.28 pitch or better)24X CD-ROM --32X100ME Ethernet cards (3com) installedMicrosoft Windows NT Workstation version 4.0 installedMicrosoft Office 97 Pro w/Access installedMicrosoft mouse and pad104 enhanced keyboard1 year on site warranty

EACH PC MUST HAVE CORRESPONDING ORIGINAL SOFTWARE ANDMANUALS INCLUDED. ALSO ALL SOFTWARE MUST BE FULL VERSIONSNOT UPGRADES.

VENDOR IS RESPONSIBLE FOR BIDDING ALL COMPONENTS.(CABLES, DRIVERS; ETC.) REQUIRED TO CREATE FULLY FUNCTIONALSYSTEMS TO BE USED AS IBMlAS400 WORKSTATIONS THROUGH THEUSE OF ETHERNET.* cannot quote cabling without inforamtion on =ent network cabling *ALL QUOTES MUST INCLUDE SHIPPING, HANDLING AND INSIDEDELIVERY

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JUNE 1998 TERM


I. All products must be new.2. AI: products must carry at least a one year on site warranty.3. Vendors must include Manufacturer's Name & Model Numbers.4. All vendors must include Mississippi Vendor License Number.5. Delivery date of all equipment must be included.6. Technical questions not addressed here should be directed to Sue Shipman (228) 865-4250.

BIDS:

479

QUANTITY(30-47)

Personal ComputersManufacturer and Model Number Midwest Micro Pro-233 Office Pro

Price Each $ _*---'1....5...5""0......,.0"'0 _

I

* Does not included shjppjnq charwsQUANTITY Personal Computers(18) Manufacturer and Model Number Midwest Mi c= P=-233 offi ce Pro

Price Each $ * 1475.00

* Does not include shipping charges

QUANTITY 24-PORT FMS Token Ring Hubs(3) Manufacturer and Model Number_--=3:..::can='----..::3..::C:::5-'.1:::0:::5-'.11.:..:B"--- _

Price Each $ 1515. GG

D..e¥~P6'~'£QBlWi~N1:b~M:ki:tems 1~~~above with inside delivery- $ 1532.00

I Certify the equipment offered meets or exceeds the foregoing specifications.* Reference terms & =nditions on " Attachment A " *

DATE: May 27. 1998

VENDOR: Midwest Micro Corp.

SIGNED BY (Name and Title)---,""':-::-::-;."....,,.., ..l.c""'o.u..nl.Lt.Lr:daLl:cJ..t--'-'Cooa::Lror1::l;iuoJ.<al.lt:l:o:ur=--_Renee cagle

MISSISSIPPI VENDOR LICENSE NUMBER ~--

FAX:_--"-80"'0""-"'8"'4""'3-=.o6""6""2"'2 _

ADDRESS: 6990 st Rt 36 East

TELEPHONE: 800-682-7270

Fletcher. Ohio 45326

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480


JUNE 1998 TERM

JMmWEST MICRO

" ATTACHMENT A"TERMS & CONDITIONS

Midwest Micro is a DBA of Midwest Micro Corp.Our payment term is Net 30 days.Shipping is calculated per items quoted and is listed as a separate line item.FOB is origin.

MIDWEST MICRO:

., Does not provide samples or demonstrators. J.

., Does not provide installation.

., Can guarantee pricing for a maximum of 60 days.

., Items quoted are currently in stock with the exception of the Token Ring Hubs, theseitems are special ordered upon request. Delivery quotes are dependent upon availability atthe time of order.

., Limits our liability to the dollar value of the product amount and withinthe terms and conditions of our warranty which is attached.

., May not be the manufacturer of all the items quoted. In cases where we are not themanufacturer, we will not be responsible for the warranty of the manufacturer. Midwest ,.)Micro provides a 3/5 year Blue Ribbon Warranty and a 1 year On-Site Warranty on oursystems. Warranty, repair and return policies are attached for review.

., Reserves the right to withdraw offerIbid if referenced terms and conditions per" Attachments" are not accepted.

J6910 State Route 36Fletcher, Ohio 45326

481


JUNE 1998 TERM

I

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JUNE 1998 TERM

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JUNE 1998 TERM

T & T Data Services18538 Confederate Rd.

Saucier, Ms. 39574(228) 831-0043

(228) 539·9840 fax

J

Item

2

Specifications

Description

Token ring Workstation:Enlight 7237 computer system comprised of :7 Bay mid tower case with 250 watt PISPCI II mother brd. with Intel LX chipsetIntel Pentium" 233 MMX processor4 PCI, 31SA I/O slots512K Pipeline burst cacheSingle 64 Meg. SRAM expandable to 512 meg.Fast Ultra DMA331DE controller2 Serial, 1 parallel ports3.5" floppy2.1 GB IDE hard drive32X CDROMPCI graphics accelerator wI 2 meg.15" .28 mm UVGA monitorWin95 enhanced keybrd.Microsoft mouse and pad3Com PCI Token ring network adapterMicrosoft Windows NT WS V4.0Microsoft Office 97 Pro w/Access1 year on-site warranty.

Ethernet Workstation:Enlight 7237 computer system comprised of:7 Bay mid tower case with 250 watt PISPCI "mother brd. with Intel LX chipsetIntel Pentium II 233 MMX processor4 PCI, 3 ISA 1/0 slots512K Pipeline burst cacheSingle 64 Meg. SRAM expandable to 512 meg.Fast Ultra DMA331DE controller2 Serial, 1 parallel ports3.5" floppy2.1 GB tOE hard drive32XCDROM

May 28,1998

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485


JUNE 1998 TERM

PCI graphics accelerator wi 2 meg.15" .28 mm UVGA monitorWin95 enhanced keybrd.Microsoft mouse and pad3Com PCI 10/100 ethernet network adapterMicrosoft Windows NT WS V4.0Microsoft Office 97 Pro w/Access1 year on-site warranty.

3Com 24 port Token ring network hub model 3C51 0511 B

2

486MINUTE BOOK


JUNE 1998 TERM


I. All products must be new.2. All products must cany at least a one year on site warranty.3. Vendors must include Manufacturer's Name & Model Numbers.4. All vendors must include Mississippi Vendor License Number.5. Delivery date of all equipment must be included.6. Technical questions not addressed here should be directed to Sue Shipman (228) 865-4250.

BIDS:

]

QUANTITY(30-47)

QUANTITY(18)

Personal Computers £ 1Manufacturer and Model Number "-' 1'(, 1..." 7 d 37

Price Each $ ---ai$~\.,--'1-....--"".....5,---,0----,0----:-----,-----

Personal Computers f \'Manufacturer and Model Number_-.rN----;--='It:-:::h:-:T::--A7,,d.._~--,7 _

Price Each $ __$-'----l\.....b;.LJ7~Q~_O_6__

QUANTITY 24-PORT FMS Token Ring Hubs(3) Manufacturer and Model Number 3com 3e-S I05 LI 'i3

Price Each $ '!t ~ I.e:? ~ ~ 00

DATE OF EQUIPMENT DELIVERY: l:,-30-CjB (Il:' T()~tJ ,0 I?>E. "-lv-cih)

I Certify the equipment offered meets or exceeds the foregoing specifications.

DATE:_~s<-t7/,-=:;l.=8+-/..!-9..:;.,8 _

VENDOR: -) ~ T 'DfFfA ~,£/f-5

SIGNED BY (Name and Title) ~IJ~MISSISSIPPI VENDOR LICENSE NUMBER 0.;). t/ - ,;l. Lf'/0a - 1.0ADDRESS: /853 g &IJ Ee-Oc/2A--r& . kb c)m.IU t.? IUsTELEPHONE:~d-8'-8'3/-00 zL3 FAX: ;:J;)..'f{-S32-7%'%


J

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487


JUNE 1998 TERM

5. The Board does hereby find that the bid of Ikon Office Solutions, in

the amount of EIGHTY-FIVE THOUSAND SEVEN HUNDRED SEVENTY AND 00/100

DOLLARS (S85,770.00l is the lowest bid meeting specifications and, therefore,

the best received for Bid #98-0501, Computer Hardware for the Harrison

county Unified Court System, and that said bid is fair and should be accepted.

It is, therefore,

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISOI\J COUNTY,

MISSISSIPPI, that the bid of Ikon Office Solutions be, and the same is HEREBY

ACCEPTED for Bid #98-0501, Computer Hardware for the Harrison County

Unified court system, at and for a consideration of EIGHTY-FIVE THOUSAND

SEVEN HUNDRED SEVENTY AND 00/100 DOLLARS (S85,770.00l, same being

payable from Court Lease Funds.









AYE

AYE

AYE

AYE

AYE

I



the Order adopted.


, * * *

488


JUNE 199B TERM

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

Order:

ORDER AUTHORIZING PAYMENT TO PROFESSIONAL COMPUTERSERVICES IN THE AMOUNT OF $16,930.00, FOR SERVICESPERFORMED ON THE NEW COURT SYSTEM


MISSISSIPPI, that the Board does HEREBY AUTHORIZE payment of the following

invoices to Professional Computer Services, in the total amount of $16,930.00,

for services performed on the new court system:

1) $700.00, Invoice #2733;

2) $700.00, Invoice #2697;

3) $250.00, Invoice #2708;

4) $15,280.00, Invoice #2687.


and foregoing order, whereupon the President put the question to a vote


]

J






AYE

AYE

AYE

AYE

AYE



the Order adopted.

THIS, the 1st day of June 1998. ]* * *

I

489


JUNE 1998 TERM

Supervisor BOBBY ELEUTERIUS moved, and Supervisor ROBIN ALFRED

MIDCALF seconded, adoption of the following:

ENTER CLOSED SESSION to discuss whether or not to enter Executive

Session to discuss the following:

Deborah Mitchell v. Clifton Gragg, CA 1:97-CV-416RG;

Personnel matters;

Economic development project;

Lawrence v. Harrison County (Damage suit>.

The Supervisors voted, by unanimous show of hands, to enter Executive

Session.

ALL ORDERED AND DONE, this the 1st day of June 1998.

I * *

(Supervisor Midcalf was out on the vote.>

supervisor BOBBY ELEUTERIUS moved, and Supervisor C.T. SWITZER, JR.

C seconded, adoption of the following:

RECONVEI\IE FROM EXECUTIVE SESSION. The Board attorney reported that

the Board received updates on two personnel matters, received an update

on the Lawrence v. Harrison County damage SUit, received an update on

Mitchell v. Harrison County, and discussed two economic development

projects.

ALL ORDERED AND DONE, this the 1st day of June 1998.

* * *

490


JUNE 1998 TERM

Supervisor BOBBY ElEUTERIUS moved adoption of the following Order:

ORDER APPROVINC EMPLOYMENT OF MEADOWS, RilEY,KOENENN & TEEl TO REPRESENT THE BOARD OF SUPERVISORS INCAUSES, AS LISTED


MISSISSIPPI, that the Board does HEREBY APPROVE employment of Riley,

Koenenn & Teel to represent the Board of Supervisors in the following causes:

Thomas v. Sheriff Price, CA 1:97cv616GR;

Craig Smith v. Sheriff price, CA 1:97CV651 BrR;

Department of Transportation v. Tax Collector;

Clarence vaughn Cause No. CAD2401-98-00495;

Dixie Lynn vaughn, Cause No. CAD2401-98-00496;

James Ward v. Sheriff Price, CA 1:98cv87GR;

Anthony Durr v. Sheriff price, CA1:98CV78GR.

Supervisor ROBIN ALFRED MIDCAlF seconded the motion to adopt the



J

J






AYE

AYE

AYE

AYE

AYE



the Order adopted.

THIS, the 1st day of June 1998.J

* * *

I

491MINUTE BOOK

BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPIJUNE 1998 TERM

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

Order:

ORDER APPROVING APPROPRIATION IN THE AMOUNT OF$10,000.00 TO THE CITY OF LONG BEACH FOR ITS TRICENTENNIAL,TO BE PAID FROM ESCROW FUNDS


MISSISSIPPI, that the Board does HEREBY APPROVE appropriation in the

amount of $10,000.00 to the City of Long Beach for its Tricentennial, to be

paid from Escrow Funds.

supervisor BOBBY ELEUTERIUS seconded the motion to adopt the

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


Isupervisor BOBBY ELEUTERIUS voted





AYE

AYE

AYE

AYE

AYE



the Order adopted.


I

* * *

492MINUTE BOOK


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

Order:

ORDER APPROVINCi APPROPRIATION IN THE AMOUNT OF $3.000.00TO THE CITY OF PASS CHRISTIAN, TO BE PAID FROM ESCROW FUNDS


MISSISSIPPI, that the Board does HEREBY APPROVE appropriation in the

amount of 53,000.00 to the City of Pass Christian, to be paid 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:

J






AYE

AYE

AYE

AYE

AYE

]



the Order adopted.


* *

]

493


JUNE 1998 TERM

I

I

I

supervisor BOBBY ELEUTERIUS moved adoption Of the following Order:

ORDER SPREADING ON THE MINUTES OF THE BOARD ANDADOPTING RESOLUTION NO. 715 FROM THE CITY OF D'IBERVILLEENDORSING THE MISSION STATEMENT OF THE COMPREHENSIVERESOURCES MANAGEMENT PLANNING EFFORTS FOR THEMISSISSIPPI GULF COAST


MISSISSIPPI, that the Board does HEREBY SPREAD ON THE MINUTES of the Board

Resolution No. 715 from the City of D'Iberville endorsing the Mission

Statement of the Comprehensive Resources Management Planning efforts for

the Mississippi Gulf coast, same being as follows, to-wit:

Il

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494MINUTE BOOK


JUNE 1998 TERM

]

RESOLUTION NO. 715

R~SOLUTION of THE HI55IS5I~PI DEPARTMENT OF MARIN~ RESOURCEREQUESTING PARTICIPATION IN ENDORSING THE

MISSION STATEMENT OF THE COMPREHENSIVE RESOURCEMANAGEMENT PLANNING EFFORT FOR TH~ MISSISSIPPI GULF COAST

WHEREAS, the Mississippi Department of Marine Resource

is in the process of studying a Comprehensive Resource

Management Planning Effort for the Mississippi Gu1 f COllet:

and

Statement is being sent to all

organizations and general public to

Comprehensive Resource Management

WHEREAS, a Mission

elected officials, local

inform them about the

Planning Effort: and

WHEREAS, this statement is to develop a plan to sustain

Mississippi's coastal resources and to provide a heal thy

economy in the coastal area; and

WHEREAS, it would be in the best interest of the

citizens of the City of 0' Iberville to cooperate with the

Mississippi Department of Marine Resources to endorse the

Mission Statement; and

]

]NoneNAYS:Dia%

Herrlic:h

Bellman

the resolution adopted this the 2l!~

Harder

The Mayor declared

of April, 1998.day

NOW, THEREFORE, be it resolved by the Mayor and City

Council of the City of D'Iberville that:

The Mayor and City Council of the City of D'Iberville

hereby support and endorse the Mission Statement introduced

by the Mississippi Department of Marine Resource.

The foregoing resolution having first been reduced to

writing was read by the clerk and motion was made by

Diaz seconded by Freeman, and was adopted by the

following vote:

AYES: Quave

Freeman

I

495MINUTE BOOK


JUNE 1998 TERM

It is further Ordered that the Board does HEREBY ADOPT the aforesaid

Resolution.



vote with the following resUlts:

Supervisor BOBBY ELEUTERIUS vot~d

Supervisor LARRY BENEFiElD voted




AYE

AYE

AYE

AYE

AYE



I the Order adopted.


I

* * *

496


JUNE 1998 TERM

supervisor BOBBY ELEUTERIUS moved adoption of the fOllowing Order:

ORDER SPREADINC ON 'rHE MINU·rES OF THE BOARD, RESOLUTIONNO. 717 FROM THE CITY OF D'IBERVILLE IN REFERENCE TO THE CITYDECLARINC THE INTENTION TO ENTER INTO A LOAN WITH THEMISSISSIPPI DEVELOPMENT BANK PURSUANT TO A LOANACREEMENT BETWEEN THE CITY AND THE BANK TO RAISE MONEYFOR THE PURPOSE OF REFUNDINC ALL MATURITIES OF THE CITY'SOUTSTANDINC REVENUE BONDS ISSUED TO THE UNITED STATESDEPARTMENT OF ACRICULTURE FARMERS HOME ADMINIS'rRA1·ION


MISSISSIPPI, that the Board does HEREBY SPREAD ON THE MINUTES of the Board,

Resolution No. 717 from the City of D'Iberville, in reference to the City

declaring the intention to enter into a loan with the MissisSippi Development

Bank pursuant to a loan agreement between the City and the Bank to raise

money for the purpose of refunding all maturities of the City's outstanding

revenue bonds issued to the United States Department of Agriculture

Farmers Home Administration, said Resolution being as follows:

]

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JUNE 1998 TERM

RESOLUTION NO. 717

497

The Mayor and Councilmen of the City of D'Iberville, Mississippi (the "City"),

I

took up for consideration the matter of authorizing a loan (the "Loan") with the Mississippi

Development Bank (the "Bank") pursuant to a loan agreement between the City and the Bank

secured by a promissory note for the purposes of providing funds for the advance refunding of

the City's outstanding revenue bonds issued to the United States Department of Agriculture

Farmers Home Administration and note payable to The Peoples Bank and Trust, Biloxi,

Mississippi, and to provide funds to repair, improve, and expand the combined water and sewer

system of the City, and authorizing the issuance by the Bank of its Special Obligation Bonds,

Series 1998 (City of D'Iberville, Mississippi Project), in the principal amount not to exceed Five

Million Five Hundred Thousand Dollars ($5,500,000) to provide the funds for said Loan. After

Ia discussion of the subject, Council Member Di a z

of the following resolution:

offered and moved the adoption

I

RESOLUTION DECLARING THE INTENTION OF THE MAYOR AND CITYCOUNCIL OF THE CITY OF D'IBERVILLE, MISSISSIPPI (THE "CITY"),TO ENTER INTO A LOAN (THE "LOAN") WITH THE MISSISSIPPIDEVELOPMENT BANK (THE "BANK") PURSUANT TO A LOANAGREEMENT BETWEEN THE CITY AND THE BANK TO RAISE MONEYFOR THE PURPOSE OF REFUNDING ALL MATURITIES OF THE CITY'SOUTSTANDING REVENUE BONDS ISSUED TO THE UNITED STATESDEPARTMENT OF AGRICULTURE FARMERS HOME ADMINISTRATION,DATED JANUARY 28,1976 (AND AS RESCHEDULED JANUARY 1,1986),SEPTEMBER 3D, 1985, SEPTEMBER 25, 1986, AND AUGUST 1, 1988, ANDA NOTE PAYABLE TO THE PEOPLES BANK OF BILOXI FROM THED'illERVILLE WATER AND SEWER DISTRICT WHICH MATURES 2009;AND TO PROVIDE MONEY FOR THE PURPOSE OF IMPROVING,REPAIRING, AND EXTENDING THE COMBINED WATER AND SEWERSYSTEM OF THE OF D'IBERVILLE, MISSISSIPPI; AND FOR RELATEDPURPOSES.

WHEREAS, the Mayor and City Council of the City of D'iberville, Mississippi (the

"Governing Body" of the "City"), hereby finds, determines, adjudicates and declares as follows:

I

498MINUTE BOOK


JUNE 1998 TERM

1. The City is authorized under the provisions of Mississippi Code of 1972, Section 31-

25-1 et seq. (as from time to time amended, the "Act") to borrow in such amounts as it may fmd

necessary and proper in order to provide funds for the advance refunding pursuant to authority

granted under Section 31-15-1 et seq., Mississippi Code of 1972, as amended (the "Restructuring

Act"), of all maturities of the City's outstanding revenue bonds issued to the United States

Department of Agriculture Farmers Home Administration, each dated as of January 28, 1976

(and as rescheduled January 1, 1986), September 3D, 1985, September 25, 1986, and August 1,

1988, and a note payable to The Peoples Bank of Biloxi from the D'Iberville Water and Sewer

District which matures 2009 (together, the "Refunded Bonds").

2. The Governing Body has determined that it is necessary and proper to repair,

improve, and expand the combined water and sewer system of the City (the "System"), which

repairs, improvements, and extensions are to be done by engineers and other professionals

employed by the City and approved by the Governing Body (together with refunding the

Refunded Bonds, the "Project").

3. It is necessary, proper and economically feasible that the City borrow money by

entering into a loan with the Mississippi Development Bank secured by a Promissory Note

pursuant to the Act for the purposes herein stated and under the procedures provided by the Act

to provide funds for the Project.

4. It is in the best interest of the City for the Mississippi Development Bank to

issue its Special Obligation Bonds, Series 1998 (City of D'Iberville, Mississippi Project) (the

"Bonds ") pursuant to the Act, for the purpose of providing funds for the Loan between the Bank

and the City.

]

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499


JUNE 1998 TERM

5. That in order to prepare the necessary resolutions and offering documents for the

sale and issuance of the Bonds it is in the best interest of the City to authorize the law fIrm of

Crosthwait Temey, PLLC, as Bond Counsel, and Holley, Grubbs, Mitcham & Phillips, Jackson,

Mississippi, as Financial Advisor, to prepare and distribute such resolutions and documents in

order to facilitate the sale and issuance of such Bonds at a subsequent date SUbject to the

approval of the Governing Body of the City.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY ACTING

FOR AND ON BEHALF OF THE CITY, AS FOLLOWS:

SECTION 1. The Governing Body recognizes the need to provide funds for the Project

to be in the best interest of the City, and herein manifests its intent to enter into the Loan with

the Bank pursuant to the Act for such purposes.

SECTION 2. The Governing Body herein employs the law fIrm of Crosthwait Temey,

PLLC, Jackson, Mississippi, as Bond Counsel and Holley, Grubbs, Mitcham & Phillips,

Jackson, Mississippi, as Financial Advisor, and authorizes them to prepare the necessary

resolutions and offering documents for the subsequent sale and issuance of the Bonds subject to

the approval of the Governing Body of the City. No fee will be due to Crosthwait Terney,

PLLC or Holley, Grubbs, Mitcham & Phillips unless the Governing Body approves the sale and

issuance of said Bonds.

Council Member Herrlich seconded the motion to adopt the foregoing resolution,

I

and the question being put to a roll call vote, the result was as follows:

ICouncil Member Brian FreemanCouncil Member William (Bill) HerrlichCouncil Member Teddy HarderCouncil Member Robert (Bob) BellmanCouncil Member Oliver E. Diaz, Sr.Mayor Rusty Quave

voted:~

voted: Ayevoted: ----,;;yevoted:~voted: Ayevoted: Aye

t!I[

500.MINUTE BOOK


JUNE 1998 TERM

The motion having received the affIrmative vote of a majority of the members present,

the Mayor declared the motion carried and the resolution adopted, on this the 19 t h day of May,

1998.

]

ATTEST:

(SEAL)

1:\..\mdb4Ib.•\resoluti.dj~.,..CT File No.

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501


JUNE 1998 TERM









AYE

AYE

AYE

AYE

AYE



I

I

the Order adopted.


* * *

502MINUTE BOOK


There came before the Board of supervisors of Harrison County,

Mississippi the matter of approving lease of the 1-110 Pier with the secretary

of state, said lease being marked Exhibit nAn and being as follows, to-wit:

LEASE AGREEMENT


COUNTY OF HINDS

TIUS AGREEMENT, made and entered into this the __ day of , 1998, by

and between the SECRETARY OF STATE, with the approval of the GOVERNOR, for and

on behalfof the STATE OF MISSISSIPPI, hereinafter referred to as "LESSOR," and the

HARRISON COUNTY BOARD OF SUPERVISORS, hereinafter referred to as "LESSEE,"

for a public project which will serve a higher public purpose and promote the public purposes

to which the Public Tidelands Trust is dedicated.

WITNESSETH:

THAT FOR THE TERM and in consideration of th~ covenants, conditions, and

obligations to be observed and performed by LESSEE, LESSOR does hereby lease and rent

unto LESSEE, pursuant to the authority of MISS. CODE ANN. § 29-1-107 (Supp. 1997), the

following described submerged land or tideland, hereinafter referred to as SAID

PROPERTY, to-wit:

That certain real property lying and being situated in Section 27, Township 7South, Range 9 West, Second Judicial District, Harrison County, City ofBiloxi, Mississippi, being more particularly described as follows:

Commencing at the Southwest comer of that certain parcel of land deeded toSouth Sea Cruises, Inc., as described at Deed Book 225, Page 178 of therecords ofsaid Harrison County, and thence run North 01 degrees 10 minutes54 seconds West, 41.0 feet to the Point of Beginning, thence continue North01 degrees 10 minutes 54 seconds West, 40 feet, thence run South 42 degrees36 minutes West, 232.04 feet, thence run South 422 feet, thence run East 50feet, thence run North 340 feet, thence run North 26 degrees 53 minutes East,238.6 feet to the Point of Beginning. Said parcel containing 32,005 squarefeet, more or less together with all improvements thereon. (See Exhibit A,prepared by Eric Menhennett, dated June 10, 1991, and revised June 20,1991,attached hereto.)

1. TERM.

The primary term of this lease shall be for forty (40) years, beginning on the I" day of

EXHIBIT "A"

]

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I

I

503MINUTE BOOK


March, 1998, and terminating on the 28th day of February, 2038. If LESSEE has complied

with all terms, covenants, conditions, and obligations of this lease, as of the expiration of the

primary term, LESSEE shall have the option to extend this lease for a renewal term of twenty

five (25) years under the same terms and provisions of this lease.

2. CONSIDERATION.

The parties hereto agree that SAID PROPERTY contains 32,005 square feet, more or

less, of submerged lands or tidelands. Because SAID PROPERTY shall be used for a public

project ofa county governmental entity which serves a higher public purpose of tidelands and

submerged lands for fishing and recreation and the enhancement of public access to such

lands, SAID PROPERTY shall be exempt from any use or rental fees pursuant to MISS.

CODE ANN. §29-l5-13.

3. OPTION TO RENEW.

Pursuant to MISS. CODE ANN. § 29-1-107 (Supp. 1997), LESSEE is hereby granted

the prior right, exclusive of all other persons, to re-lease at the expiration of this lease, as may

be agreed upon between LESSEE and LESSOR.

4. TAXES, SURVEY COSTS, RECORDING FEES.

LESSEE covenants and agrees to pay any and all general taxes and special

assessments, if ever any there be, applicable to the above described property and LESSEE'S

interest therein and improvements thereon; further, LESSEE covenants and agrees to pay any

and all survey costs and recording fees in connection with this lease or any other fees so

determined by law.

2

I,

I

504MINUTE BOOK


JUNE 1998 TERM

5. TRANSFERABILITY OF LEASE.

LESSEE shall NOT sublease, assign, or transfer SAID PROPERTY without the prior

]

written permission of the SECRETARY OF STATE or his successor, which permission shall

not arbitrarily or unreasonably be withheld.

6. PUBLIC ACCESS ASSURED.

LESSEE covenants and agrees to maintain free public access to SAID PROPERTY

during the term of the lease.

7. DEFAULT.

Enforcement of all conditions, covenants, and obligations imposed on LESSEE

herein, shall be by proceeding at law or in equity against a.t:-y person violating or attempting

to violate said conditions, covenants, and obligations, to restrain violation and to recover

damages, if any, including reasonable expenses of litigation and reasonable attorney's fees,

which LESSEE expressly agrees to pay. Such enforcement by proceedings at law or in

equity may be instituted at any time after thirty (30) days written notice to LESSEE.

Invalidation~ofany provision of this lease by judgm'ent or court order shall operate as an

approved CANCELLATION of this lease.

8. FORFEITURE, DEFAULT OR CANCELLATION.

In the event of any FORFEITURE, DEFAULT OR CANCELLATION of this lease

or termination ofthe term as aforesaid, said LESSEE shall quit, deliver up and surrender

possession ofSAID PROPERTY, and thereupon this lease and all agreements and covenants

on LESSOR's behalf to be performed and kept, shall cease, terminate and be utterly void, the

same as if the lease had not been made. In addition thereof, LESSOR shall be entitled to

whatever remedies it may have at law or equity for the collection of any sums, for damages

3

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J

I

I

I

505MINUTE BOOK


JUNE 1998 TERM

or otherwise, that it may have sustained on account of LESSEE'S nonfulfillment or

nonperformance of the terms and conditions of this lease.

Immediately upon the termination ofthis lease, whether by FORFEITURE,

DEFAULT, OR CANCELLATION, LESSOR shall be entitled to take possession of SAID

PROPERTY absolutely, and custom, usage, or law to the contrary notwithstanding.

9. IMPROVEMENTS.

LESSEE acknowledges that the improvements on SAID PROPERTY are the property

ofLESSOR and accepts said improvements in their present condition, "as is." LESSOR shall

not be required to make any alterations, maintenance, replacements, or repairs in, on, or about

SAID PROPERTY, or any part thereof, during the term of this lease. LESSEE shall, at its

sole cost and expense, keep and maintain SAID PROPERTY and all improvements

(regardless of ownership) in good order and repair, in a clean, attractive, and safe condition.

LESSEE shall, its sole cost and expense, make any and all additions, repairs, alterations,

maintenance, replacements, or changes to SAID PROPERTY or to any improvements on

SAID PROPERTY which may be required by any public authority. LESSEE shall not

construct under the terms of this lease any building or pier of any type on adjoining State

property.

10. RESTRICTIONS ON USE.

LESSEE shall comply with any and all applicable federal, state, county or city laws,

statutes, regulations, building codes, building requirements, safety or conservation

regulations, fire codes, ordinances, pollution standards, or zoning regulations.

If LESSEE fails to make permitted use of SAID PROPERTY or abandons SAID

PROPERTY, or uses SAID PROPERTY in violation of any State or Federal regulation

pertaining to coastal wetlands, this lease may be terminated or canceled by LESSOR after

thirty (30) days written notice to LESSEE.

4

II(I

It

IIt

506MINUTE BOOK


JUNE 1998 TERM

II. NO CLAIM OF TITLE OR INTEREST.

LESSEE, in accepting this lease, does hereby agree thatno claim of title or interest to

SAID PROPERTY shall be made by reason of the occupancy or use thereof; that all title and

interest to SAID PROPERTY is vested in the LESSOR. LESSEE further acknowledges and

agrees that he is entitled to no rights to adjoining submerged lands, tidelands or sand beach as

a result of this lease.

12. CATASTROPHIC DESTRUCTION.

In the event of catastrophic destruction by natural causes of LESSOR'S improvements

on SAID PROPERTY, LESSEE may terminate this lease at its option, provided SAID

PROPERTY is surrendered in a condition at least equal to that at the inception of this lease.

LESSOR agrees that it shall interpose no objection should LESSEE decide to rebuild

improvements demolished in such a catastrophe.

13. DUE DILIGENCE.

LESSEE shall be responsible for any damages that may be caused to LESSOR'S

property by the activities of LESSEE under this lease, and shall exercise due diligence in the

protection of all improvements or other property of LESSOR, which may be located on SAID

PROPERTY or in the vicinity thereof, against damage or waste from any and all causes.

LESSEE shall not deposit any refuse on any State property adjoining SAID PROPERTY.

]

J

Disposition of refuse shall be consistent with local and State health regulations.

14. INDEMNITY AND HOLD HARMLESS.

LESSEE agrees to hold and save harmless, protect and indemnify LESSOR, the

JSecretary of State and his successors, employees, officers and agents, from and against any

and all loss, damages, claims, suits or actions at law or equity, judgments and costs, including

5

507

MINUTE BOOKBOARD OF SUPERVISORS, HARRISON COUNTY, MiSsisSIPPI

JUNE 1998 TERM

attorney's fees, which may arise or grow out of any injury or death of persons or loss or

damage to property connected with LESSEE'S exercise of any right granted or conferred

hereby, or LESSEE'S use, maintenance, operation or condition of the property herein leased

or the activities thereon conducted by LESSEE, whether sustained by LESSEE, his

respective agents or employees, or by any other persons, or corporations which seek to hold

LESSOR liable.

15. QUIET AND PEACEFUL POSSESSION.

LESSEE shall have quiet and peaceful possession of SAID PROPERTY so long as

Icompliance is made by LESSEE with the terms of this agreement. LESSEE agrees to deliver

possession of SAID PROPERTY peaceably and promptly within ten (10) days after the

expiration or termination of this lease.

16. RIGHT OF ENTRY.

LESSOR reserves the right to enter onto SAID PROPERTY to inspect the premises

C to determine compliance with the lease terms herein.

17. PERMITTED USE.

All property of LESSEE shall be maintained by LESSEE at LESSEE'S expense and

in a clean, orderly, healthful, and attractive condition, subject to inspection by LESSOR or

his representative at any time. It is expressly agreed by and between the parties that LESSEE

will not occupy or use, nor permit to be occupied or used, SAID PROPERTY for any

I business deemed hazardous, nor will LESSEE permit the same to be used for any immoral or

unlawful purposes.

It is specifically agreed that LESSEE will use SAID PROPERTY for a free public

C fishing and recreation pier, which serves a higher public purpose of public use for fishing and

6


JUNE 1998 TERM

recreation and public access. Docking of vessels and all commercial activity are expressly

prohibited.

18. LESSOR NOT RESPONSIBLE.

LESSEE assumes full responsibility ."or the condition of the premises and LESSOR

shall not be liable or responsible for any damages or injuries caused by any vices or defects

therein to LESSEE or to any occupant or to anyone in or on SAID PROPERTY who derives

his right to be thereon from LESSEE. LESSEE agrees to maintain the leased premises in

good condition, keeping the structures and equipment located thereon in a good state of

repair in the interests ofpublic health and safety.

]

19. LIABILITY INSURANCE.

LESSEE shall secure and maintain throughout the term of the lease a liability

Jinsurance policy providing coverage in a conunercially reasonable amount to be determined

by LESSEE against accidents, death or bodily injury occurring on or in connection to SAID

PROPERTY, or improvements thereon, or arising out of or associated with any activity of

LESSEE on SAID PROPERTY.

20. RESERVATION OF MINERAL RIGHTS.

LESSEE further covenants and agrees that this lease and interest of LESSEE SHALL

NOT include any mineral, oil or gas, coal, lignite, or other subterranean rights

WHATSOEVER.

21. WAIVER NOT A DISCHARGE.

No failure, or successive failures, on the part of LESSOR to enforce any provisions,

nor any waiver or successive waivers on its part of any provision herein, shall operate as a

7

J


JUNE 1998 TERM

509

discharge thereof or render the same inoperative or impair the right of LESSOR to enforce

the same upon any renewal thereof or in the event of subsequent breach or breaches.

22. CANCELLAnON UPON FAlLURE TO COMPLY.

LESSEE'S failure to comply with the provisions of this lease shall result, at the option

of LESSOR, in the termination or cancellation of this lease within thirty (30) days after

written notice of default is given.

23. NOTICE.

All notifications required under the terms of this lease shall be made to the parties at

Ithe following addresses:

Secretary of State:

Harrison CountyBoard of Supervisors:

401 Mississippi StreetPost Office Box 136Jackson, Mississippi 39205

Post Office Drawer CCGulfport, Mississippi 39502

I

24. LAWS OF MISSISSIPPI TO GOVERN.

This agreement is to be governed by the laws of the STATE OF MISSISSIPPI, both

as to interpretation and performance.

8


JUNE 1998 TERM

IN WITNESS WHEREOF, this lease is executed by LESSOR and LESSEE, this the

__ dayof , 19_.

LESSOR:

STATE OF MISSISSIPPIERIC CLARKSECRETARY OF STATE

BY: _~==--=--=-=--:-:-----=__JAMES O. NELSON, IIASSISTANT SECRETARY OF STATEFOR PUBLIC LANDS

LESSEE:HARRISON COUNTYBOARD OF SUPERVISORS

BY: _

APPROVED BY THE GOVERNOR of the State ofMississippi on the __ day of

____-', 19_.

KIRK FORDICEGOVERNOR

9

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I

511MINUTE BOOK


JUNE 1998 TERM


COUNTY OF HINDS

PERSONALLY APPEARED BEFORE ME, the undersigned authority in and for the

jurisdiction aforesaid, and while within my official jurisdiction, the within named KIRK

FORDICE, personally known to me to be the GOVERNOR of the STATE OF MISSISSIPPI,

who acknowledged before me that he signed, sealed and delivered the foregoing LEASE

AGREEMENT as the act and deed of said GOVERNOR for and on behalf of the STATE OF

MISSISSIPPI, on the date and for the purposes therein stated, being first duly authorized to

so do..GIVEN UNDER MY HAND AND OFFICIAL SEAL OF OFFICE, this the __ day

of ,19_,

NOTARY PUBLICMy Commission Expires:


COUNTY OF HINDS


jurisdiction aforesaid, and while within my official jurisdiction, the within named JAMES O.

NELSON, II, personally known to me to be the ASSISTANT SECRETARY OF STATE

FOR PUBLIC LANDS of the STATE OF MISSISSIPPI, who acknowledged before me that

he signed, sealed and delivered the foregoing LEASE AGREEMENT as the act and deed of

said ASSISTANT SECRETARY OF STATE for and on behalfof the STATE OF

I MISSISSIPPI, on the date and for the purposes therein stated, being first duly authorized to

so do. GIVEN UNDER MY HAND AND OFFICIAL SEAL OF OFFICE, this the __ day

of --',19_.


10

512MINUTE BOOK


JUNE 1998 TERM


COUNTY OF HARRISON


jurisdiction aforesaid, and while within my official jurisdiction, the within named

_____ personally known to me to be the of the HARRISON COUNTY

BOARD OF SUPERVISORS, who acknowledged before me that he executed the foregoing

LEASE AGREEMENT on the date and for the purposes therein stated and on behalf of said

board as its official act and deed as he is duly authorized so to do. GIVEN UNDER MY

HAND AND OFFICIAL SEAL OF OFFICE, this the __ day of , 19_.


INDEXING INSTRUCTIONS:Please record at Section 27, Township 7 South, Range 9 West, City ofBiloxi, SecondJudicial District of Harrison County, Mississippi.

PREPARED BY:Secretary of StatePost Office Box 97Gulfport MS 39502(228) 864·0254

11

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513MINUTE BOOK


JUNE 1998 TERM

After discussion concerning the amendment of Item 12, Catastrophic

Destruction, supervisor BOBBY ELEUTERIUS moved adoption of the following

Order:

ORDER APPROVING LEASE OF THE 1-110 PIER WITH THESECRETARY OF STATE, AS AMENDED AND IN ACCORDANCE WITHTHE ATTACHED EXHIBIT "B." AND AUTHORIZING "rHE PRESIDENTOF THE BOARD TO EXECUTE SAME


MISSISSIPPI, thatthe Board does HEREBY APPROVE lease of the 1-110 Pier with

C the secretary of State, said lease, marked Exhibit "B," being as fOllows, to-wit:

I

I

514MINUTE BOOK


JUNE 1998 TERM

LEASE AGREEMENT


COUNTY OF HARRISON

THIS AGREEMENT, made and entered into this the __ day of__-" 1998, by

and between the SECRETARY OF STATE, with the approval of the GOVERNOR, for and

on behalf of the STATE OF MISSISSIPPI, hereinafter referred to as "LESSOR," and the

HARRISON COUNTY BOARD OF SUPERVISORS, hereinafter referred to as "LESSEE,"

for a public project which will serve a higher public ptnpose and promote the public ptnposes

to which the Public Tidelands Trust is dedicated.

WITNESSETH:

THAT FOR THE TERM and in consideration of the covenants, conditions, and

obligations to be observed and performed by LESSEE, LESSOR does hereby lease and rent

unto LESSEE, pursuant to the authority of MISS. CODE ANN. § 29-1-107 (Supp. 1998), the

following described submerged land or tideland, hereinafter referred to as SAID

PROPERTY, to-wit:

That certain real property lying and being situated in Section 27, Township 7South, Range 9 West, Second Judicial District, Harrison County, City ofBiloxi, Mississippi, being more particularly described as follows:

Commencing at the Southwest comer of that certain parcel ofland deeded toSouth Sea Cruises, Inc., as described at Deed Book 225, Page 178 of therecords of said Harrison County, and thence run North 01 degrees 10 minutes54 seconds West, 41.0 feet to the Point ofBeginning, thence continue North01 degrees 10 minutes 54 seconds West, 40 feet, thence run South 42 degrees36 minutes West, 232.04 feet, thence run South 422 feet, thence run East 50feet, thence run North 340 feet, thence run North 26 degrees 53 minutes East,238.6 feet to the Point of Beginning. Said parcel containing 32,005 squarefeet, more or less together with all improvements thereon. (See Exhibit A,prepared by Eric Menhennett, dated June 10, 1991, and revised June 20, 1991,attached hereto.)

1. TERM.

The primary term of this lease shall be for forty (40) years, beginning on the 1sl day of

1

EXHIBIT "B It

]

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I

515MINUTE BOOK


JUNE 1998 TERM

March, 1998, and tenninating on the 28th day of February, 2038. If LESSEE has complied

with all terms, covenants, conditions, and obligations of this lease, as of the expiration of the

primary term, LESSEE shall have the option to extend this lease for a renewal term of twenty

five (25) years under the same terms and provisions of this lease.

2. CONSIDERATION.

The parties hereto agree that SAID PROPERTY contains 32,005 square feet, more or

C less, of submerged lands or tidelands. Because SAID PROPERTY shall be used for a public

project of a county govenunental entity which serves a higher public purpose of tidelands and

submerged lands for fishing and recreation and the enhancement ofpublic access to such

lands, SAID PROPERTY shall be exempt from any use or rental fees pursuant to MISS.

I

~.

I

CODE ANN. §29-15-13.

3. OPTION TO RENEW.

Pursuant to MISS. CODE ANN. § 29-1-107 (Supp. 1998), LESSEE is hereby granted

the prior right, exclusive of all other persons, to re-lease at the expiration of this lease, as may

be agreed upon between LESSEE and LESSOR.

4. TAXES, SURVEY COSTS, RECORDING FEES.

LESSEE covenants and agrees to pay any and all general taxes and special

assessments, if ever any there be, applicable to the above described property and LESSEE'S

interest therein and improvements thereon; further, LESSEE covenants and agrees to pay any

and all survey costs and recording fees in connection with this lease or any other fees so

determined by law.

2

516MINUTE BOOK


JUNE 1998 TERM

5. TRANSFERABILITY OF LEASE.

LESSEE shall NOT sublease, assign, or transfer SAID PROPERTY without the prior]

written permission of the SECRETARY OF STATE or his successor, which permission shall

not arbitrarily or unreasonably be withheld.

6. PUBLIC ACCESS ASSURED.

LESSEE covenants and agrees to maintain free public access to SAID PROPERTY

during the term of the lease.

7. DEFAULT.

Enforcement of all conditions, covenants, and obligations imposed on LESSEE

herein, shall be by proceeding at law or in equity against any person violating or attempting

to violate said conditions, covenants, and obligations, to restrain violation and to recover

damages, if any, induding reasonable expenses of litigation and reasonable attorney's fees,

which LESSEE expressly agrees to pay. Such enforcement by proceedings at law or in

equity may be instituted at any time after thirty (30) days written notice to LESSEE.

Invalidation of any provision of this lease by judgment or court order shall operate as an

approved CANCELLATION of this lease.

8. FORFEITURE, DEFAULT OR CANCELLATION.

In the event of any FORFEITURE, DEFAULT OR CANCELLATION ofthis lease

or termination of the term as aforesaid, said LESSEE shall quit, deliver up and surrender

possession of SAID PROPERTY, and thereupon this lease and all agreements and covenants

on LESSOR's behalf to be performed and kept, shall cease, terminate and be utterly void, the

same as if the lease had not been made. In addition thereof, LESSOR shall be entitled to

whatever remedies it may have at law or equity for the collection of any sums, for damages

3

]

]

I

517


JUNE 1998 TERM

or otherwise, that it may have sustained on account of LESSEE'S nonfulfillment or

nonperformance of the terms and conditions of this lease.

Immediately upon the termination of this lease, whether by FORFEITURE,

DEFAULT, OR CANCELLATION, LESSOR shall be entitled to take possession of SAID

PROPERTY absolutely, and custom, usage, or law to the contrary notwithstanding.

9. IMPROVEMENTS.

LESSEE acknowledges that the improvements on SAID PROPERTY are the property

I

of LESSOR and accepts said improvements in their present condition, "as is." LESSOR shall

not be required to make any alterations, maintenance, replacements, or repairs in, on, or about

SAID PROPERTY, or any part thereof, during the term of this lease. LESSEE shall, at its

sole cost and expense, keep and maintain SAID PROPERTY and all improvements

(regardless of ownership) in good order and repair, in a clean, attractive, and safe condition.

LESSEE shall, its sole cost and expense, make any and all additions, repairs, alterations,

maintenance, replacements, or changes to SAID PROPERTY or to any improvements on

SAID PROPERTY which may be required by any public authority. LESSEE shall not

C construct under the terms of this lease any building or pier of any type on adjoining State

property.

10. RESTRICTIONS ON USE.

LESSEE shall comply with any and all applicable federal, state, county or city laws,

statutes, regulations, building codes, building requirements, safety or conservation

Iregulations, fire codes, ordinances, pollution standards, or zoning regulations.

IfLESSEE fails to make permitted use of SAID PROPERTY or abandons SAID

PROPERTY, or uses SAID PROPERTY in violation of any State or Federal regulation

pertaining to coastal wetlands, this lease may be terminated or canceled by LESSOR after

thirty (30) days written notice to LESSEE.

4

518MINUTE BOOK


JUNE 1998 TERM

11. NO CLAIM OF TITLE OR INTEREST.

LESSEE, in accepting this lease, does hereby agree that no claim of title or interest to

SAID PROPERTY shall be made by reason of the occupancy or use thereof; that all title and

interest to SAID PROPERTY is vested in the LESSOR. LESSEE further acknowledges and

agrees that he is entitled to no rights to adjoining submerged lands, tidelands or sand beach as

a result of this lease.

12. CATASTROPHIC DESTRUCTION.

In the event of catastrophic destruction by natural causes ofLESSOR'S improvements

on SAID PROPERTY, LESSEE may terminate this lease at its option. LESSOR agrees that it

shall interpose no objection should LESSEE decide to rebuild improvements demolished in

such a catastrophe.

13. DUE DILIGENCE.

LESSEE shall be responsible for any damages that may be caused to LESSOR'S

property by the activities of LESSEE under this lease, and shall exercise due diligence in the

protection of all improvements or other property of LESSOR, which may be located on SAID

PROPERTY or in the vicinity thereof, against damage or waste from any and all causes.

LESSEE shall not deposit any refuse on any State property adjoining SAID PROPERTY.

Disposition of refuse shall be consistent with local and State health regulations.

]

]

14. INDEMNITY AND HOLD HARMLESS.

LESSEE agrees to hold and save harmless, protect and indemnify LESSOR, the

]

Secretary of State and his successors, employees, officers and agents, from and against any

and all loss, damages, claims, suits or actions at law or equity, judgments and costs, including

attorney's fees, which may arise or grow out of any injury or death of persons or loss or

5

519MINUTE BOOK


JUNE 1998 TERM

Idamage to property connected with LESSEE'S exercise ofany right granted or conferred

hereby, or LESSEE'S use, maintenance, operation or condition of the property herein leased

or the activities thereon conducted by LESSEE, whether sustained by LESSEE, his

respective agents or employees, or by any other persons, or corporations which seek to hold

LESSOR liable.

15. QUIET AND PEACEFUL POSSESSION.

LESSEE shall have quiet and peaceful possession of SAID PROPERTY so long as

compliance is made by LESSEE with the terms of this agreement. LESSEE agrees to deliver

possession of SAID PROPERTY peaceably and promptly within ten (10) days after the

I expiration or termination of this lease.

16. RlGHT OF ENTRY.

LESSOR reserves the right to enter onto SAID PROPERTY to inspect the premises

to determine compliance with the lease terms herein.

17. PERMITTED USE.

All property of LESSEE shall be maintained by LESSEE at LESSEE'S expense and

in a clean, orderly, healthful, and attractive condition, subject to inspection by LESSOR or

his representative arany time. It is expressly agreed by and between the parties that LESSEE

will not occupy or use, nor permit to be occupied or used, SAID PROPERTY for any

f

f!

I business deemed hazardous, nor will LESSEE permit the same to be used for any immoral or

unlawful purposes.

It is specifically agreed that LESSEE will use SAID PROPERTY for a free public

fishing and recreation pier, which serves a higher public purpose of public use for fishing and

recreation and public access. Docking ofvessels and all commercial activity are expressly

prohibited.

f

I!f

(

IIf


JUNE 1998 TERM

18. LESSOR NOT RESPONSIBLE.

LESSEE assumes full responsibility for the condition of the premises and LESSOR

shall not be liable or responsible for any damages or injuries caused by any vices or defects

therein to LESSEE or to any occupant or to anyone in or on SAID PROPERTY who derives

his right to be thereon from LESSEE. LESSEE agrees to maintain the leased premises in

good condition, keeping the structures and equipment located thereon in a good state of

repair in the interests of public health and safety.

19. LIABILITY INSURANCE.

LESSEE shall secure and maintain throughout the term of the lease a liability

insurance policy providing coverage in a commercially reasonable amount to be deteI1Jlined

by LESSEE against accidents, death or bodily injury occurring on or in connection to SAID

PROPERTY, or improvements thereon, or arising out of or associated with any activity of

LESSEE on SAID PROPERTY.

20. RESERVATION OF MINERAL RIGHTS.

LESSEE further covenants and agrees that this lease and interest of LESSEE SHALL

NOT include any mineral, oil or gas, coal, lignite, or other subterranean rights

WHATSOEVER.

]

]

21. WAIVER NOT A DISCHARGE.

No failure, or successive failures, on the part of LESSOR to enforce any provisions, ]nor any waiver or successive waivers on its part of any provision herein, shall operate as a

discharge thereof or render the same inoperative or impair the right of LESSOR to enforce

the same upon any renewal thereof or in the event of subsequent breach or breaches.

7


JUNE 1998 TERM

22. CANCELLATION UPON FAILURE TO COMPLY.

LESSEE'S failure to comply with the provisions of this lease shall result, at the option

ofLESSOR, in the termination or cancellation 'Of this lease within thirty (30) days after

written notice of default is given.

23. NOTICE.

All notifications required under the terms of this lease shall be made to the parties at

the following addresses:

521

!I

ISecretary of State:

Harrison CountyBoard of Supervisors:

401 Mississippi StreetPost Office Box 136Jackson, Mississippi 39205

Post Office Drawer CCGulfport, Mississippi 39502

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24. LAWS OF MISSISSIPPI TO GOVERN.

This agreement is to be governed by the laws of the STATE OF MISSISSIPPI, both

as to interpretation and performance.

522

MINUTE BOOKBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI ..J

JUNE 1998 TERM

]

IN WITNESS WHEREOF, this lease is executed by LESSOR and LESSEE, this the

__ day of , 19_.

LESSOR:

STATE OF MISSISSIPPIERIC CLARKSECRETARY OF STATE

BY: _JAMES O. NELSON, IIASSISTANT SECRETARY OF STATEFOR PUBLIC LANDS

LESSEE:HARRISON COUNTYBOARD OF SUPERVISORS

BY: _

APPROVED BY THE GOVERNOR of the State of Mississippi on the __ day of

____-', 19_,

KIRK FORDICEGOVERNOR

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523


JUNE 1998 TERM


COUNTY OF HINDS


jurisdiction aforesaid, and while within my official jurisdiction, the within named KIRK

FORDICE, personally known to me to be the GOVERNOR of the STATE OF MISSISSIPPI,

who acknowledged before me that he signed, sealed and delivered the foregoing LEASE

AGREEMENT as the act and deed of said GOVERNOR for and on behalf of the STATE OF



of ---', 19_.



COUNTY OF HINDS


jurisdiction aforesaid, and while within my official jurisdiction, the within named JAMES O.

NELSON, II, personally known to me to be the ASSISTANT SECRETARY OF STATE

FOR PUBLIC LANDS of the STATE OF MISSISSIPPI, who acknowledged befo're me that

he signed, sealed and delivered the foregoing LEASE AGREEMENT as the act and deed of

said ASSISTANT SECRETARY OF STATE for and on behalf of the STATE OF



of ,19_.


524MINUTE BOOK


JUNE 1998 TERM


COUNTY OF HARRlSON


jurisdiction aforesaid, and while within my official jurisdiction, the within named

_____personally known to me to be the of the HARRlSON COUNTY

BOARD OF SUPERVISORS, who acknowledged before me that he executed the foregoing

LEASE AGREEMENT on the date and for the purposes therein stated and on behalf of said

board as its official act and deed as he is duly authorized so to do. GIVEN UNDER MY

HAND AND OFFICIAL SEAL OF OFFICE, this the __ day of , 19_.


11

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JUNE 1998 TERM

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526MINUTE BOOK


JUNE 1998 TERM

That. certain "al'c"l uf lalld Jo"ateJ 111 ~ectiull ~n, TowlIsldp 7 S0 111,Il, H,me" 't Ilest,Second Judicial DisLrict, Ii;,rri~oll {;"lIl1ty, Hbsi5~irr,i; and beine (:lOl'e rarticularlydescribed as cOII",endn;; at ll,e ~W curner of that, "el'tai" pal'cel or lanl tleened toSouth Sea Cruises,Inc., as jes<;I'ilJed at Ueeel llooll 225, PaLe 178 of the rscords ofsaid llarriEon County, alld t.h·~nce rlill liDJ" 101 51,"W 1,1.lJ fMl to th'! Poi nl oflJegillning, thence contillue IlOl"1(J'51,"~1 1,0 reet, th'Jnce I'lm S t,:.!")6'\'1 232.04 feet,thence run SOllth 422 feet, thence l'UIl East 50 f"et, thence rlln Lorth )1,0 fe'.lt,thence run 1,26";J'.i1: 2.lH.6 feet \.0 the 'poinl, of beritminr:.Said pal'cel containin!: .12,005 ~(I'lal'e reet, :(,Ol'e or less.

EIuC H.e:;Hli:tIlJIi:TTio Jllne 19')1

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EXHIBIT Apo,ge 2 of 2

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527


JUNE 1998 TERM

IT IS FURTHER ORDERED that the Board does HEREBY AUTHORIZE the

President of the Board to execute said Lease Agreement.

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



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AYE

AYE

AYE

AYE

AYE



the Order adopted.


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528


JUNE 1998 TERM


ORDER ACKNOWLEDCiINCi RECEIPT OF AND SPREADINCi ON THEMINUTES OF THIS BOARD A LETTER OF RETIREMENT FROMJENELL TOMPKINS AS THE HARRISON COUNTY COMPTROLLER,EFFECTIVE JUNE 1,1998


MISSISSIPPI, that the Board does HEREBY ACKNOWLEDGE RECEIPT OF AND

SPREAD on the minutes of this Board a letter of retirement from Jenell

Tompkins as the Harrison county comptroller, effective June 1,1998, said

letter being as follows, to-wit:

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Jenell TompkinsHarrison County Comptroller180123"' AvenueGulfport, Mississippi 39501

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529


JUNE 1998 TERM

HARRISON COUNTYBOARD OF SUPERVISORS

1801 23RD AVENUE· P. 0. DRAWER CC • GULFPORT, MISSISSIPPI 39502-0860

TELEPHONE: (601) 865-4035TELECOPIER: (601) 865-4162

May 18, 1998

The Board of Supervisors of Harrison County180123"' AvenueGulfport, Mississippi 39501

Re: Letter of Retirement

Dear Members of the Board;

After serious consideration, I have reached the definite decision to retire from Harrison County,Mississippi, effective June 1, 1998. I have worked for the County for twenty-eight (28) years and I willmiss working for the County, but I feel that it is time for me to move on and pursue other opportunities.

Ifat any future time you need my assistance, please feel free to call.

Respectfully yours,

Jenell TompkinsHnrrison County Comptroller

cc: Pam Ulrich, County AdministratorJoe Meadows, Attorney for the Board

JENELL TOMPKINSComplroller

530


JUNE 1998 TERM

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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supervisor ROBIN ALFRED MIDCALF vcted


AYE

AYE

AYE

AYE

AYE



the Order adopted.


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531


JUNE 1998 TERM

Supervisor ROBIN ALFr~D MIDCALF moved the

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adoption of the following Resolution:

A RESOLUTION OF THE HARRISON COUNTY BOARD OFSUPERVISORS HONORING JENELL TOMPKINS, UPONHER RETIREMENT FROM HARRISON COUNTY.

WHEREAS, Jene11 Tompkins faithfully served Harrison County and

its citizens for more than twenty-eight (28) years in the Chancery

Clerk's Office and then as County Comptroller; and

WHEREAS, her service to Harrison County was characterized by

hard work, dedication and a commitment to the best interest of its

Citizens; and

WHEREAS, in addition to her work in County Government, Jenell

served as Chairman of the March of Dimes/Walk America; she was a

member of numerous service organizations, including, the March of

Dimes State Committee; the Mississippi Association of County

Administrators and Comptrollers; the Mississippi Association of

supervisors; Leadership Gulf Coast, Class of 1994-95; Board of

~ Retired Senior Volunteer Program; the Blue Knights; the National

Association of Treasurer's and Finance Officers; and the Harrison

County Workers' Compensation Board; and

WHEREAS, this life long resident of Harrison County, and her

devoted husband Robert, are the proud parents of three (3)

beautiful daughters, Staci, Jennifer and Tamara; and

WHEREAS, it is fitting that the Harrison County Board of

ISupervisors honor Jene11 Tompkins upon her retirement from a

distinguished career of service to Harrison County and its

Citizens.

532


JUNE 1998 TERM

NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS

OF HARRISON COUNTY, MISSISSIPPI, AS FOLLOWS:

SECTION I. Upon the adoption of this Resolution, the Harrison

County Board of Supervisors, on behalf of the Citizens of Harrison

County, does hereby honor Jenell Tompkins for her many years of

dedicated work and service to Harrison County and its Citizens.

]

SECTION II. Harrison County wishes her well upon her

retirement and expresses the appreciation of its Citizens for a job

well done.

adopt the above and foregoing Proclamation whereupon the President

Supervisor B_O_B_B_Y__E_L_E_U_T_E_R_I_U_S ___ seconded the motion to

]put the question to a vote with the following results:

Supervisor BOBBY ELEUTERIUS voted, AYE

Supervisor ROBIN ALFRED MIDCALF voted, AYE

Supervisor DAVID V. LAROSA, SR. voted, AYE

Supervisor LARRY BENEFIELD voted, AYE

Supervisor C.T. SWITZER, JR. voted, AYE

The majority of the members present having voted in the

affirmative, the President then declared the Motion carried and the

Proclamation adopted on this the 1st day of June--------------

1998.

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533


JUNE 1998 TERM

WHEREAS this Board has previously at this meeting, accepted the bid

submitted by Ikon Office Solutions for Bid #98-0501, computer hardware for

the Harrison County Unified Court Systems at a total cost of EIGHTY-FIVE

THOUSAND SEVEN HUNDRED SEVENTY AND 00/100 DOLLARS <$85,770.00l, and

WHEREAS the total cost of the bid was incorrectly stated and should

have been OI\IE HUNDRED FOURTEEN THOUSAI\ID SIX HUI\IDRED AI\ID 00/100

DOLLARS <$114,600.00l, Supervisor BOBBY ELEUTERIUS moved adoption of the

following Order:

ORDER CORRECTINC BID #98-0501, COMPUTER HARDWARE FORTHE HARRISON COUNTY UNIFIED COURT SYSTEM, SUBMITTED BYIKON OFFICE SOLUTIONS, TO BE IN THE AMOUNT OF$114,600.00, RATHER "rHAN $85,770.00, PAYABLE FROM COURTLEASE FUNDS


MISSISSIPPI, that the Board does HEREBY CORRECT Bid #98-0501, computer

hardware for the Harrison County Unified Court System, submitted by Ikon

Office Solutions, to be in the amount of ONE HUNDRED FOURTEEN THOUSAND

SIX HUNDRED AI\ID 00/100 DOLLARS <$114,600.00l, rather than EIGHTY-FIVE

THOUSAND SEVEN HUNDRED SEVENTY AND 00/100 <$85,770.00l, payable from

Court Lease funds.

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


with the fOllowing results:


supervisor LARRY BEI\IEFIELD voted




AYE

AYE

AYE

AYE

AYE

534MINUTE BOOK


JUNE 1998 TERM



the Order adopted.


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535


JUNE 1998 TERM


ORDER ADOPTING SENA"rE BILL 2193, BEING SECTION 31-7-13 OFTHE MISSISSIPPI CODE OF 1972, AS AMENDED, PROVIDING THATPURCHASES OF $1,500.00 TO $10,000.00 MAY BE MADE FROMTHE LOWEST AND BEST BID WITHOUT PUBLISHING OR POSTINGADVERTISEMENT FOR BIDS, PROVIDED AT LEAST TWO (2)COMPETITIVE WRITTEN BIDS HAVE BEEN OBTAINED, SAME BEINGEFFECTIVE JULY 1,1998


MISSISSIPPI, that the Board does HEREBY ADOPT Senate Bill 2193, being Section

III

C 31-7-13 of the Mississippi Code of 1972, as amended, providing that purchases

of $1,500.00 to $10,000.00 may be made from the lowest and best bid without

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publiShing or posting advertisement for bids, provided at least two (2)

competitive written bids have been obtained, same being effective July 1,

1998 and being in the following form, words and figures, to-wit:

53£)


JUNE 1998 TERM

]

MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Fees, Salaries and Administration; Public Health and Welfare

By: Senator(s) Nunnelee, Bean, Hall, Thames

Senate Bill 2193

(As Sent to Governor)

AN ACT TO AMEND SECTION 43-3-103, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARDOF DIRECTORS OF THE MISSISSIPPI INDUSTRIES FORTHE BLIND TO ADOPT AND PUBLISHRULES AND REGULATIONS ESTABLISHING A LEAVE POLICY FOR MIB EMPLOYEES ANDREQUIRING THAT MIB OFFICES BE OPENED AND STAFFED ON LEGAL HOLIDAYS; TO CREATE AREVOLVING FUND IN THE STATE TREASURY TO BE USED BY MIB FOR THE PURPOSE OFTAKING ADVANTAGE OF CERTAIN CONTRACTUAL OPPORTUNITIES AND MEETING THEOBLIGATIONS; TO DECLARE THE INTENT OF THE LEGISLATURE THATPHYSICALLY ORMENTALLY DISABLED CITIZENS OF THE STATE SHALL BEAFFORDED EQUAL OPPORTUNITIESIN EMPLOYMENT IF THEY ARE QUALIFIED AND ABLE TO PERFORM THE JOB; TO AMENDSECTIONS 25-1-98 AND 25-3-91, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TOAMEND SECTION 25-9-107, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EMPLOYEES OF THE ]',',MISSISSIPPI INDUSTRIES FOR THE BLIND ARE NON STATE SERVICE EMPLOYEESAND TOAUTHORIZE STATE AGENCIES TO CONTRACT FOR THE PERSONAL SERVICES OF MIBEMPLOYEES WITHOUT PRIOR APPROVAL OF THE STATE PERSONNEL BOARD OR THE STATEPERSONAL SERVICE CONTRACT REVIEW BOARD; TO AMEND SECTION 31-7-13, MISSISSIPPICODE OF 1972, TO EXEMPT PURCHASES MADE BY STATE AGENCIES lNVOLVING ANY ITEMTHAT IS MANUFACTURED, PROCESSED OR PRODUCED BY THE MISSISSIPPI INDUSTRIES FORTHE BLIND FROM THE PROVISIONS OF THE PUBLIC PURCHASING LAW; TOREVISE PUBLIC BIDREQUIREMENTS TO AUTHORIZE GOVERNMENTAL ENTITIES TO MAKE PURCHASES UP TO$10,000.00 WITHOUT ADVERTISING FOR COMPETITIVE BIDS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 43-3-103, Mississippi Code of 1972, is amended to read as follows:

43-3-103. (1) From and after July I, 1997, the MIB shall be governed by a board of directors hereby created, toconsist of four (4) persons appointed by the Governor, and three (3) by the Lieutenant Governor, with the adviceand consent of the Senate, each of whom shall be a qualified elector of the State of Mississippi. The members ofthe board of directors appointed by the Governor shall include the following:

(a) One (1) legally blind individual;

(b) One (1) educator with expertise in rehabilitation or the field of blindness;

(c) One (I) individual with at least five (5) years' actual experience in finance or a related field;

(d) One (I) individual with at least five (5) years' actual experience in manufacturing or a related field.

The members of the board of directors appointed by the Lieutenant Governor shall include the following:

(a) One (1) legally blind individual;

(b) One (I) individual with at least five (5) years' actual experience in marketing or a related field; and J

537

MINUTE BOOKC BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

JUNE 1998 TERM

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(d) "Agency" means any state board, commission, committee, council, department or unit thereofcreated by theConstitution or statutes if such board, commission, committee, council, department, unit or the head thereof, isauthorized to appoint subordinate staffby the Constitution or statute, except a legislative or judicial board,commission, committee, council, department or unit thereof.

SECTION 6. Section 31-7-13, Mississippi Code of1972, is amended as follows:

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31-7-13. All agencies and governing authorities shall purchase their commodities and printing; contract for fireinsurance, automobile insurance, casualty insurance (other than workers' compensation) and liability insurance;contract for garbage collection or disposal; contract for solid waste collection or disposal; contract for sewagecollection or disposal; and contract for public construction as herein provided.

(a) Purchases which do not involve an expenditure of more than One Thousand Five Hundred Dollars($1,500.00), exclusive of freight or shipping charges, may be made without advertising or otherwise requestingcompetitive bids·. Provided, however, that nothing contained in this paragraph (a) shall be construed to prohibitany agency or governing authority from establishing procedures which require competitive bids on purchases ofOne Thousand Five Hundred Dollars ($1,500.00) or less.

(b) Purchases which involve an expenditure of more than One Thousand Five Hundred Dollars ($1,500.00) butnot more than Ten Thousand Dollars ($ 1a000 00), exclusive of freight and shipping charges may be made fromthe lowest and best bidder without publishing or posting advertisement for bids, provided at least ~o (2)competitive written bids have been obtained. Any governing authority purchasing commodities pursuant to thisparagraph (b) may authorize its purchasing agent, or his designee, with regard to governing authorities otherthan counties, or its purchase clerk, or his designee, with regard to counties, to accept the lowest and bestcompetitive written bid. Such authorization shall be made in writing by the governing authority and shall bemaintained on file in the primary office of the agency and recorded in the official minutes of the governingauthority, as appropriate. The purchasing agent or the purchase clerk, or their designee, as the case may be, andnot the governing authority, shall be liable for any penalties and/or damages as may be imposed by law for anyact or omission of the purchasing agent or purchase clerk, or their designee, constituting a violation ofJaw inaccepting any bid without approval by the governing authority. The term "competitive written bid" shall mean abid submitted on a bid form furnished by the buying agency or governing authority and signed by authorizedpersonnel representing the vendor, or a bid submitted on a vendor's letterhead or identifiable bid form andsigned by authorized personnel representing the vendor.

(c) Purchases which involve an expenditure of more than Ten Thousand Dollars ($10 000 00), exclusive offreight and shipping charges may be made from the lowest and best bidder after advertising for competitivesealed bids once each week for two (2) consecutive weeks in a regular newspaper published in the county ormunicipality in which such agency or governing authority is located. The date as published for the bid openingshall not be less than seven (7) working days after the last published notice; however, if the purchase involves aconstruction project in which the estimated cost is in excess of Fifteen Thousand Dollars ($15000 00), suchbids shall not be opened in less than fifteen (15) working days after the last notice is published and the notice forthe purchase of such construction shall be published once each week for two (2) consecutive weeks. The noticeof intention to let contracts or purchase equipment shall state the time and place at which bids shall be received,list the contracts to be made or types of equipment or supplies to be purchased, and, if all plans and/orspecifications are not published, refer to the plans and/or specifications on file. In all cases involving governingauthorities, before the notice shall be published or posted, the plans or specifications for the construction orequipment being sought shall be filed with the clerk of the board of the governing authority, and there remain. Ifthere is no newspaper published in the county or municipality, then such notice shall be given by posting sameat the courthouse, or for municipalities at the city hall, and at two (2) other public places in the county ormunicipality, and also by publication once each week for two (2) consecutive weeks in some newspaper havinga general circulation in the county or municipality in the above provided manner. On the same date that thenotice is submitted to the newspaper for publication, the agency or governing authority involved shall mailwritten notice to the main office of the Mississippi Contract Procurement Center that contains the same

538MINUTE BOOK


JUNE 1998 TERM

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(B) Water lines, sewer lines, storm drains, drainage ditches, asphalt milling, traffic striping, asphalt overlay ofstreets, and curb and gutter (not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) per project listedin this item B) may be let for periods of not more than twenty-four (24) months in advance, subject to applicablestatutory provisions prohibiting the letting of contracts during specified periods near the end of terms of office.

(ii) All purchases made by governing authorities, including purchases made pursuant to the provisions ofsubparagraph (i) of this paragraph (n), may be made upon one (I) purchase order issued per month to eachindividual vendor prior to delivery of such commodities provided that each individual delivery, load or shipmentpurchased is properly requisitioned and is properly received and receipted by signed ticket, receipt or invoice,indicating thereon the point of delivery, and provided that, with respect to counties, such commodities areproperly accounted for by the receiving clerk or an assistant receiving clerk as provided by Section 31-7-109.Such purchase order shall be invalid on the first calendar day of the month immediately following the month inwhich it was issued. Purchases in such month immediately following may be made only if a purchase order isissued for such ~onth. Each monthly purchase order shall be retained in the records of the governing authority.Agencies may make purchases as authorized under this subparagraph (ii) in accordance with such regulations,policies and procedures as are promulgated by the Department of Finance and Administration.

(0) No contract or purchase as herein authorized shall be made for the purpose of circumventing the provisionsof this section requiring competitive bids, nor shall it be lawful for any person or concern to submit individualinvoices for amounts within those authorized for a contract or purchase where the actual value of the contract orcommodity purchased exceeds the authorized amount and the invoices therefor are split so as to appear to beauthorized as purchases for which competitive bids are not required. Submission of such invoices shallconstitute a misdemeanor punishable by a fine ofnot less than Five Hundred Dollars ($500.00) nor more thanOne Thousand Dollars ($1,000.00), or by imprisonment for thirty (30) days in the county jail, or both such fineand imprisonment. In addition, the claim or claims submitted shall be forfeited.

(P) When in response to a proper advertisement therefor, no bid firm as to price is submitted to an electric utilityfor power transformers, distribution transformers, power breakers, reclosers or other articles containing apetroleum product, the electric utility may accept the lowest and best bid therefor although the price is not firm.

(q) The prohibitions and restrictions set forth in Sections 19-11-27,21-35-27 and 31-7-49 shall not apply to acontract, lease or lease-purchase agreement entered pursuant to the requirements of this chapter.

(r) For the purposes of this section, the term "purchase" shall mean the total amounlofmoneyencumbered by asingle purchase order.

(s) Any governing authority or agency of the state shall, before contracting for the services and products of afuel management or fuel access system, enter into negotiations with not fewer than two (2) sellers of fuelmanagement or fuel access systems for competitive written bids to provide the services and products for thesystems. In the event that the governing authority or agency cannot locate two (2) sellers of such systems orcannot obtain bids from two (2) sellers of such systems, it shall show proof that it made a diligent, good-faitheffort to locate and negotiate with two (2) sellers of such systems. Such proof shall include, but not be limitedto, publications of a request for proposals and letters soliciting negotiations and bids. For purposes of thisparagraph (s), a fuel management or fuel access system is an automated system of acquiring fuel for vehicles aswell as management reports detailing fuel use by vehicles and drivers, and the term "competitive written bid"shall have the meaning as defined in paragraph (b) of this section.

(t) Before entering into any contract for garbage collection or disposal, contract for solid waste collection ordisposal or contract for sewage collection or disposal, which involves an expenditure of more than FiftyThousand Dollars ($50,000.00), a governing authority or agency shall issue publicly a request for proposalsconcerning the specifications for such'services which shall be advertised for in the same manner as provided inthis section for seeking bids for purchases which involve an expenditure of more than Ten Thousand Dollars($10 000 00). Any request for proposals when issued shall contain terms and conditions relating to price,

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JUNE 1998 TERM




539






AYE

AYE

AYE

AYE

AYE



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the Order adopted.


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540


JUNE 1998 TERM

ORDERED THAT THE BOARD RECESS in the First Judicial District until

Monday, June 22, 1998, to reconvene in the meeting room of the Board of

Supervisors in the First Judicial District Courthouse in the city of Gulfport,

Harrison county, Mississippi.


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