MINUTE BOOK - Harrison County Online! Harrison …co.harrison.ms.us/downloads/agendas/minutes/1999/1999-11...MINUTE BOOK BOARD OF SUPERVISORS. HARRISON COUNTY. MISSISSIPPI NOVEMBER

MINUTE BOOKBOARD OF SUPERVISORS. HARRISON COUNTY. MISSISSIPPI

NOVEMBER TERM 1999

The Board met November 29, 1999, pursuant to recess taken

November 1,1999, in the meeting room for the Board of Supervisors in the

First Judicial District Courthouse in the city of Gulfport, Harrison County,

Mississippi. All supervisors were present.

WHEREUPON, after proclamation by the Sheriff, the following

proceedings were had, viz:

463

I

I

* * *

464

MINUTE BOOKBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

NOVEMBER TERM 1999

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

ORDER APPROVING PETITIONS FOR INCREASE TO THE 1999REAL PROPERTY ROLL FOR PARCEL NUMBERS, AS LISTED

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY,

MISSISSIPPI, that the Board does HEREBY APPROVE petitions for increase to the

1999 real property roll for the fOllowing listed parcel numbers:

(1) 0810C-01-040.001;

(2) 0810F-Q4-011.000;

(3) 0903 -24-014.003.

Supervisor BOBBY ELEUTERIUS seconded the motion to adopt the

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

J

vote with the following results:

Supervisor BOBBY ElEUTERIUS voted

Supervisor lARRY BENEFIELD voted

Supervisor DAVID V. lAROSA, SR. voted

Supervisor WILLIAM W. MARTIN 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 29th day of November, 1999.

* * *

]The Justice Court Judges who had requested to be placed on the

agenda did not appear.

* * *

I

I

I

465


NOVEMBER TERM 1999

Supervisor BOBBY ELEUTERIUS moved adoption of the following:

ORDER APPROVINC REDUCTION OF ASSESSMENT OFPERSONAL PROPERTY FOR VARIOUS YEARS, ASRECOMMENDED BY THE TAX ASSESSOR


MISSISSIPPI, tt-.at the Board does HEREBY APPROVE reduction 'Of assessment of

Personal property for various years, as recommended by the Tax Assessor,

same being as follows:

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Z"aOm<~mini::s:~-mUlZm· C;;a~-I-t;:Qmm 22 m;;a~oi:20~n::=-=:(Dg(.02U)-I

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-41.200

-. --.~ -- I

-677

(-------- ---_._.-_.- ._------_._._ .._._------ ._------ --~_.

I RBI lRMBTX02 11/22/99 lU:"3 RECOMMENDATION FOR BOS (BAC: T • PAGE: 1~ ------B.acJ~_I.:J x~.s __a~Ac._t.i_on..s-J a k~.n......b Y__Bo.ar...t:L'l£._ Sup,£: f' Y,isQcs........ancL.S..tat.e.--.Ia..x -C..o.mmis 51_on _ ~

"r Recc,/'(b lidded "-15-1~99 thru 11-22-19,) Rero/'t Sequence OWNER NA~IE . 1:Parcel T'lX ------- Total Assessed ------- W P ~

I; 1 - - - ---- ---- ----- - -- --~~~~~~~';,;~~I~I~~~~---~-~-::.~.~=-=-=--~~~~-;~.;~=-=-==~;~~;.=~~;-;~r;.~~~~~;~~~~ -~:-=~~~~~.- .;~~~~':"-:-::;~ ;, QU.sL.'L.AS..S0.S.ED._.w/lEA.S.ED. E.Q.!llI'.HUil...£OR...J.9..8..L ... ' . _.! KLONDVKE CAR WASH 5993 P L 01/

:L.MA.GNO~S CLOSCD IN '~~_FOR,~~;~ . _F' EW \3 . __,.1.3.__..._.. . _._, ~...L.t~""I ERRONEOllSlY ASSF":'ED W/LlII.'U' E;,UIP-fIENT FClR '998 "

I

" ::~~:: :::~~::::~: ::: QP-l~~~'_.-. ---~:: ----~::: ---..---;~.:-:-:---- : : :il:; ~~~~I~tli:..~.~~O~1~~_ ~~ __ - "_._' . .. _ ....__..P.G.. ... 5 62.J ._l 0.L1-_._,46 L6..... .. _. .. .__--.I_N_._~_~I". ERR011EOUSlY A"·C['.'SCD WILE','''.£' 1 ':'''.IIP r':!R lq97 J"I

,· SOlEH TAtHlIt'G SALON INC 1~'''8? P G <:,]OS 11RS -4320 1 tJ "

::i SUGAR FASHIOtI~J.S.i..'L..AS.~.Ls.lllL\I~Z~~;.ED.·lQUI£ JlJJLJ.8.9L ..---P-B~--- --563-9--·----- ---=.-5-6-3-9--·- T, N ,.;

1'0 1 BUS NOT opnl otJ TAX LIn, !"ATE FOR Ig96

I'::~SUGAR FAS~~~10~EN OIJ TAX LIE\:Gg.1TE FOR 1996 --.- .. --- P.GO _ .. _352..9_.-------- .. _._--"'3529 --.---.. -. _ -.J~-1;;" \oIILL'SHOTEL 770 PG ]0'1'1 11'''/ -1'15'1 TN" HlCORRVT EQIJIptlF1If V-,iU~f SJG.E lq'l~ . . . _ . . . . _

" WILL'S HOTEL 770 P G 3099 1 HO -1959 . T N!" INCORRECT EQUIPilEfJT VALUC:; FOR 19'13

._--_.- . -- -' --- --.- ..._.... _. -... _-----._--. -_.- --j

I:LngeIn Total A55es5m~nt -I, 1. 200 .._. __ ' ._.•. Total ~_n,'r:~a: .~:al Deer'ease I"

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;-, _ - - .• • __ - .~_~ __ • -_0- . __._. _

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467


NOVEMBER TERM 1999

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


vote with the fOllowing results:

supervisor BOBBY ELEUTERIUS voted

Supervisor LARRY BENEFIELD voted

supervisor DAVID V. LAROSA, SR. voted


Supervisor C.T. SWITZER, JR. voted

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

* * *

468


NOVEMBER TERM 1999


ORDER ACKNOWLEDGING RECEIPT OF AND APPROVINGPETITIONS FOR CHANGES TO THE 1999 REAL AND PERSONALPROPERTY ROLL, AS RECOMMENDED BY THE TAX ASSESSOR


MISSISSIPPI, that the Board does HEREBY ACKNOWLEDGE receipt and approve

petitions for changes to the 1999 Real and Personal property ROil, as

recommended by the Tax Assessor, same being as follows:

]

]

]

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_..;.:1. ._------_._- _ - eLRMPET02• RB'! 11/22/99 10:SO

;,-> '.", W..Lt.5.o.Qs--.AillLAc,Records Added 10

t'AtsLt:b NUMtitt< P.'!-iNE.R..-tiAM.E.....--------------------------------------------_.

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0107 '31'042.000 LUCCO, flILDREDELETE IMP/DESTROYED Sf~RAL YRS A

.'1 0204 -2]-0\1.003 STEWART, VIRGNO VALUE CHG/NAME CORRECTION ONLY

I 0213G-03-074. 000 SK:W.N.f.R.~lWH

. CLASS I02131-04-007.000 WOODLAND COTT

CLASS I1NEW OWNER LAURA C.l'.hR.hR.....I ...E__-03050-01-013.00\ GOODEN, PAUL'

DELETE IMP/MOVED TO PCL 3050 1 13.0306C-Ol-004.DOO .1lS,5..ERY.>--JAMLSJ

NO VALUE CHG/NAME CORRECTION ONLY0311C-02-017.DOI MID STATE TRlI

NO VALUE CHG/NAM.LUlli~.lOtL.Qtil..Y...~

0312E-Ol-065.000 CARVER, WARRE. EXEMPT/STATE OF MS SALE 33

I 0312K-02-Q61~ .SIfLl~~G

EXEMPT/STATE OF MS SALE 2400312K-02-127.000 LOVELACE, ROS

'1 EXEMPT/STATE OF MS SALE 101. 0312K-02-159.000 -----LEBLA~ROBE

EXEMPT/STATE OF MS SALE 930312K-02-263.000 SHArlBURGER, GE

EXEMPT/STATE OF MS SALE 2110312K-03-060.000 OUVAL. GEORGE

DELETE HIP/BURNED PRIOR .TO ..JJl9~_

0312N-Ol-070.000 LADNER, GLEND~I EXEMPT/STATE OF MS SALE 87n 03I3A-03-047.000 J.o..ROAN_1.-.L.W.1',R~I NO VALUE CHG/NAME CORRECTIotl TO JO

0313G-Ol-024.000 GOLDSTEIN, MAREDUCE IMP/NOT LIVABLE

04090-01-010.000 SKYLINE HILLSEXEMPT/STATE OF MS SALE 215

-015.000 DEDEAUX, RANR.QCLASS I

0410H-03-017.000 CHASE, LEONAREXEflPT /STATE OF flS SALE.l...6 _

0l>12F-Ol-009,OOO LEBLANC, ROBEEXEMP"/sTATE OF MS SALE 94

0l>12H-0 1-00 1. 000 . __ LUt-!DY_• .....M.A&tI.~

NO VALUE CHG/NAME CORRECTION ONLY0412K-02-012.000 COLAN. HWGEN

EXEMPT/STATE OF MS SALE 420505A-0 1-008. 000 Riv{RLi:~~

EXEMPT/STATE OF MS SALE 20505100-02-0 ,1>. ooq.__.______ SJI1TH.....YIC1..0K

EXEMPT/STATE OF MS SALE 21805111-02-016.003 OEROUEN, DEBO

I~I CLASS I ~

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Landroll ApP'disal lq99 PAGE 2k~n...ll.y Boar::.d...O, ~...s.llP.er'yj.s=s...Jl~J3.~1LC9lIlJIli=iQ.fl..- ·thru 11-22-19)9 Report Sequence PARCEL NUMBER'

,,Parcel T~x ------- Total Assessed ------- W P ,

Lyll.e-llisL-.B.elll:e After ~bAfi9~eO~-Action SIC Act; OIL ~'n

--------------------------------------------------------------------------------- ··R 3P 405 -405 T N ,·( L R 2~ 3739 712 -3027 T N ·"

T !'J ".P.ARTN EJR. .R...2.M____4 50 300 -ISO ",PH & BARBARA "..JMI J R 2K 1290 85 -1205 T N ". "HHIA P R 2K 33458 32734 -724 T N """R..2lL____11llLS 7 3264 -11193

~

T !'J """R 2K 9870 1134 -8736 T N ""

R 2K T N "..SHIRLEY & TOLBERT,ANTHONY

T !'J ".____R...3.L 7941 5293 -2648 ""R 2G<o 675 -675 T N ""l "

A R 2KI.I 5462 -5462 T N ",.-564 ""T !'J "R 4 KY'___-.liiJ"-....1ll.5.Q.... "

EO ""R ~ )(\1 117 -117 T N ""R 3KII TN·

...,.WORKSINC

'," T' "R uK'!. " ...WORKS INC ....

R 4KI' , T N "l.WEI I WORKS..:.IW ..R 4G 4938 3292 -1646 T N ..

"T !'J

s,R 4,G. 3.24 -324 ..

"R 3G 3800 -3800 T N "..

"R 3G 4967 3311 -1656 T N ""

T !'J ". " R ~_G 6AJ -641 ..

"R 4G 743 -743 T N "

"--._---_ .. "& JOYCE R 3G 14316 12675 -1641 T N ""T !'J ".._____R_:W.•, co

_AKE ESTATES LLC ""R 2G0 12260 2850 -9410 T N "

...-.-------------- ,------_..

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RBI 11/22/99 10: 55;) retj ti QD.S. .I~n,LActj_olls_La

Records Added 10-20-1999

I I'AIML NUMlltK _~~~:~-!-~~~=-=-:.~ _SAUCIER, TELLIAS H

I CA&~O' (~'''' 0 YO ~lS S"~{N~.g;:~-J-Af\ES-E-&-MA

ASSESSED W/MOBILE HOME ROLLI uQu:a-u ,-uy I .uuu _GARRETLI~.RQ£..ERTU:_S-LT

TO CORRECT ACREAGE/NAME CHG TO COHSTOCK,JO0607F-OI-Ol0.000 COLEMAN, CALVIN E & N

'I A!LYA1J.lf./..s..E.L.£.C.LJ>JLL2~_. ~---'06071-01-001.017 CHILDERS, JAIIES L & C

. IMPS ERRONEOUSLY ASSESSED'I '06080-0 \-078. 03.5_. .,,__W,RtLPROllRllf,S--liIC__

DELETE IMP/CONTRACTOR AFFIOAVIT06080-01-078.052 WRH PROPERTII.S INC

DEL ET E 1M P /C OtiIRAITORAU.lDA'il.L- ':-=c:c-::c-:--0608L-0 1-008.000 RICHAROSON, SHIRL EY

NO VALUE CHG/NAME CORRECTION ONLY TO RICHA-01-087. 000 \LMQ~[L£QL~e~G,G_'LJ__

CLASS I0708A-Ol-016.001 OEALLItl, JAf1ES ET AL

DELETE PCL/ERRONEOUSLY ASS.!;.i.~.IP_B'L.MAPPfU\

0708G-Ol-001.035 DUCOTE, LELAtW D & TIEXEMPT/STATE OF MS SALE 1146

-002.000 __ . J9N,E,S,,_-!At!liA. _DELETE IMP/REDUCE LOT/BOTH ERRONEOUSLY ASS

0709E-OI-051.'001 FIRST TOWER LOAN INCEXEMPT/STATE OF M~L.L18_6_. __. _

07\OE-02-016.000 MCGILL, CARL DAVID::0'NO VALUE CHG/NAME CORRECTION TO MCGILL WEL

I 07\ OF-02-003. 000. I1.c..G.IlL..-CARL1L£LALNO VALUE CHO/NAME CORRECTION TO MCG[LL WEL

0710F-02-007.000 ~ICGILL, CARL & ~lARY

I NO YALUL.CHGJ.llAMLCORR.EULQ1'LQULY .LQ.llJ;.Gll.07\01-05-057.000 WILLIAMS, CALLIE L

CLASS I1 0710P-03-028,OOI -.CJ.IEY.AS,_GERIRI.lD.LK...-.

DELETE PCL/COMBINE W/710P 3 280711H-04-025.000 SECTY OF HUD

EXEMPT/SECTY OF HIIO __==-:-' _07111-02-026.000 LOWE, JUDY A

CLASS I0711 K-02-0 1O. OJlL NO.RRISJ_Tl:LERE.PA _

EXEMPT/STATE OF MS SALE 1500711L-02-D08.001 ~lIIC"

DELETE PCL/PART OF 17.DUL_._,_.. _07110-03-058.000 BERTRAtW, CLAICORNE R

IMPS ERRONEOUSLY ASSESSEO0806 -22-001.028 HOflETOWN CONCEPTS INC

NO VALUE CHG/NAfIE CORRECTI'O~IO;:ii.Y·'TOSWAN08071-01-001.039 WRH PROPERTILS INCtf.-- DELETE rltP/CONHI,.'~I',ir,-AF~cTU,~'!.lT .

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PAGE

-162

-162

-603

-226S

-2304

-1378

-S06S

-255S

-9609

-1200

-27973

361

5S66

4609

4536

2754

1671

5115

3000

162

162

4 132

6B04

1200

6913

7673

9739

33839

12609

.leJ18 30128 -1990

R 4GD

R 4G

R 4GO

R 4G

R 2GO

R 2GO

R 4GO

1L4G 5Uli 3811 -1905 I N

LRMPET02

OSI0C-01-040.000 WARTHERN, HOLY JR R 4GO 964c~( SPLIT NOT MADE ON 1999 LAND ROLL/NAME CORRECTION TO M. WARD

I TNG EQIIIPMENT INr R 4r,O La.Q.u'"> II 173-' -RHlle TN' I

08071-01-001.040

RBI

WRH PROPERTIES INCOFI FTF THp/CONTR~.IDAYIT I

OSOlL-Ol-002.004 GOODSON, CLARENCE R 2GO 1237 109 -1128';\\'>" ·DELETE IMP/NOT LIVABLE/USED AS STORAGE

I OBQU'-01-02B 000 . WRI1..VRQ£.E.RI.I..E.SJNC R 200 93.3.6 lB20 -75'6 ...L..1'L

DELETE IMP/CONTRACTOR AFFIDAVIT0807P-OI-029.000 WRH PROPERTIES INC

OF! FIE IMp/CnUTRACTOR AFFIDAVIT IOSOSF.-02-093.000 HANSON, LAWRENCE W SR R 2GO 3B9 -389

EXEMPT/STATE OF MS SALE 6408081 :Ol-OOB 000 GRA.Y.~I'1lAtHE PAIII WE & TO' E R 200

NO VALUE CHG/NAME CORRECTION ONLY TO DOUGLAS,2ELMAOSOSN-02-042.000 HUCKABAY, DONALD R II & MELISS R 4GD

I

11/22/90 10"'.. Landroll Appraisal 1!,'q) p,:-·ti.tiC'::)----Ll.n.~LAc.:t ions T3k..e.n by Board Of S!!peryj-.Sor:.s........ano :1raTP 'ax s-omm1SS1Qn <_

Records Added 10-20-1999 thru 11-22-1999 Repo," Sequence ,PARCEL NUMBER' ... Parcel Tax ------- Tota' 'Assessed ------

l pARCfl NIIMMt K Q'I!lNER_tLAM :~~:·_~~_~ ~:fOI:.~fter Change B05 Act jon SIC Action· En' I

OSOSO-02-125.023 WHISPERING PINES INCEXEMPT/STATE OF MS SALE 259

08080-02-125.050 liRH....PRQtl.RllE"-lNC L4.G.o 12.1-".9"--__...i3~OLUOLUO_____'-'_"9l..:1L~4Ll:9L___. _

DELETE IMP/CONTRACTOR AFFIDAVIT0809N-03-020.000 OASIS CONDOMI~IUMS INC R 4GO

'I NO VALUE CHG/NAHE CORJLE.UlQN...lQ.liOfARD ENTERPRISES I TOOS09N-03-020. 00 1 OASIS CONDOMINIUMS INC R 4GO

.~ NO VALUE CHG/NAHE CORRECTION TO HorARD ENTERPRISES LTDOB09N-03-02Q 002 DAS.LS_CillIDJ:lUHU.llli5JNG... ---R....IiliO T N I

NO VALUE CHG/NAME CORRECTION TO HOTARD ENTERPRISES LT~0809P-Ol-006.000 KING, JM1ES A & DWANA R 2GO

IMPS ERRONEOUSLY ASSESSEDOB10C-05-005.001 STRI~LING EQUIPMENT INC

I LAND £ RRPt~£OU SLY ASSlS.S~E~p=:_:_-=;-:-::-:c~=~:__---_=_...,._::_:_----.~---------_=_,__---------__, __,-----10810E-03-014.000 MCDOWELL, WILLIAM ET AL R 4GO 59 -59

, EXEMPT/STATE OF HS SALE 116OBI 0 F- 04 - 009 • 003 Kt:!QX.,J.oI:l.N_A_LJoill.ULMAE R 4 GO 2 Q5....9"-- 1L;3'-'3'-'5L-__--=-'-'7'"'2"'4~ _'____'_ _

SPLIT NOT MADE FOR 1999 LAND ROLL0810F-04-019.001 ~lOIJLTRIA, JULIA ROBINSON -£ST- R 4GD

DE/tPT /STATE OF ~IS SALLJ.il.60810F-04-019.002 MOULTR~I~A-,--,J~U~L~I~A-·ROBINSON

EXEMPT/STATE OF MS SALE 143. OS 1OM-02-003. 000 FAU_LP!IB_CJLI'.li;RrrLE..IPE CO R 4G

PCL ERRONEOUSLY ASSESSEDOSI00-01-007.000 SWIFT & CO

DELETE TI'P/STORH DAllf1GE,D__ . ..::- _0811B-02-031.0D2 KARNES, RETHA, E R 4G 2/,69 1654 -815

~l DELETE IMP/BURNED" 0811 B- 04 - Q1JL...DOQ RQ'JNS1\Yl.LL~ Y._V_.1-iR..L~ CLASS I

\

0811C-02-040 •. 0DO CUCURULLO. GERI L:c CLA~~ I . _

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'I R~c<)I·,I: Add~d 10-20-1999 thru 11-22-1913 Report Sequence PARCEL NUflBER - ..----- ,Parcel T IX ------- Total Assessed ------- .,

31 p.o.Qrr: NIIMRI=P .O_WJH.. I:;---.N.AM.E TvQ..fLJ).i _~.e.f.or:.~ter ~ha~OS-...ActjQn SIC A~ , •_______________________________________________________________________________________________________________________ ___ ~________ 5

, 081IC-03-025.001 TN:.'''SEN, flJ1RGERY R R ~G :• flO VIILliE -Hr,/NMIE -ORF'£;..i:.DG.L.I9 TORJUSEN.LEONA-L/~ •, . 081JC-03-096.000 SCOTT, flILDRI:D W R ~G 7650 ~913 -2617 •• " .•.;:,.",,'. LOT ERRONEOUSLY ASSESSED ::• ·nAI';"'-ni.--j)"-LJ)O_2 ._.fillr,IN.S~AN..Y.A.llA.1 R 1&. 1.,_U] ~1'lQ "" EXEMPT/STATE OF flS SALE 128 "" 0811L-O~-081.000 VOSS, JERRY R 3G TN::" NO VALUE CHG/NMIE CORRECU0N "NL Y TO ''1illM_lL. LAWRENCE & ~~L "" 0903 -24-014.000 VUYOVICH, DALE A & SUSAN H R 5M 2416 1140 -1276 TN".. DELETE HIP/MOVED TO PC 903 2414.3 ::" 0908P-O l-Q.Q.l...QJJ.Q...._. ._.__BR.O.WN'--R.AL.p..!:LJ,._&....AW'!.!< L R !t.Y.Q 1nJ 9 711.0 -10209 "" DELETE IMPS/REMOVED FROM PROP SEVERAL YRS AGO "" 09090-04-022.000 PALERflO, AARON LEE & KELLY P R 2G 8856 5904 -2952 TN;:" CLASS I :1

" . 0910B-01-001.000 PHILLIPS, GERALD C R 2G 4862 1982 -2880 "" .. " OELETE HIP/IMP TORN DOWN SEVERAL YRS AGO ~" 091 OF-03 -054. 000 s01'l.Kl'-----£..QI'.:Lll.~~.F R ~ Lt..~.61 3311 -~6 '"• NAME CORRECTION TO DRUSE,ALFREO JR AND CLASS I n

~ 0911A-02-063. 0 15 EfiERSON, PATRICIA R 2G 7388 4925 -2463 l N ;:,. CLASS I "N 1008M~04-010.000 OYESS, ROBERT E JR R 4G') N ",,' .; NO VALUE CHG/NAME CORRECTION m~L Y TO SOUTH TRUST BANK ;:

. tnn~l>J-o?-nn?LQ.QL SJI.M8I\J...l~R....&....£.AI.SY N R 2GD --338 -336 "EXEMPT/STATE OF NS SALE 34 :

N 1009E-02-003.015 GRAND CASWOS INC R 4G') 529485 372248 -157231 TN"~ TMP~ Y A~SJ'_S.!;'i;jl "" 1009l-01-00l.000 NEWMAN LUMBER COMPANY INC R 2G 300113 270360 -29153 "" IMPS ERRONEOUSLY ASSESSED :" ' 1009104-01-010. Oa8 I'LC_J.QKE...lR.Vlllli<LUU: .__IL2.G.. "• NO VALUE CHG/NAME CORRECTION ONLY TO COLE CONSTRUCTION INC n

" 1010K-Ol-001.006 MCGUIRE REAL ESTATE INC ET AL R 5G 13048 2124 -10924 TN:;" DELETE HIP/CONTRACTOR AFFIDAVIT .," 10IDK-04-024.000 BELL-;--WILLIE L -EST- R 4G 4819 3253 -1626 TN"It CLASS I ~.~

" 101DL-04-021.000 J~BNUL_B.AYlliIl:!.iL.E.L..hL R 4.l.i. 5.~.!17 4M9 -1338 TN"n IMPS ERRONEOUSLY ASSE5SEO u

" 1010L-04-022.000 TURNER, RAYflONO R 4G 6263 5561 -696 TN::" HIP ERRN1EOUSLY ASSESSED "" 1010N-OS-Ol1.000 HU'NTER,'[)ARRYL S & ANTOINETTE R SG 6304 4202 -2102 TN"" CLASS I ~:., 11080-02-020.00 1 J;I.I.v_E,.,S.,.-fl.Jl,.kY_.G_L_EJ'!. __ &__ P.AT.lUC.I.A.......LS~ 50.45 3..3.63. -16Jl2......- ~ ,,'·4 CLASS I.. 11108-01-001.115 BELL. JOHN E R 5B 6100 37'0 -4350 T tl ;~., LOT 'ERROtlEOUSLY _bSS"--S~EO'_. . .________ __ c"

., 1110F-OI-00l.039 OVERBY, MERIDITH B R ,B 1,581 10381 -5194 TN", CLASS I ;:

1201 -26-003. OOL . .. Mb~LE:rJ:,__ .SIJl.NEY_L_&_6U.Il.U__lL.1M e.e4.'O 'l5.9Ji -.2.2.l!.L__. _ --l...-N..... ,., CLASS I/HE OELETEO FOR 1999 n

1201H-Ol-022.000 SflITH, TRACY ELIZABETH R lA 2169 1446 -723 TN"CLASS I ... .__ -- . . . -1

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PONS, RANDALL M ET AL

CLARK, RAMER J -TLRDOWN SEVERAL YRS AGO

___ .CO.OPE1L._ET.I8 ..LtB 2,03 ~1I1 I N

SALE #9/lOAIIS, CHARLOTTE MAE

----- -------- I

'I

,11-1-----_.

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, ---------------_.. _--.Change In Total Ass~5sment ~~qO,590 Total Increase Total Decrease

1305 -06-006.000 ~\CQ'-'lEcN, LARf'Y C & CHERYL ACLASS I __ , _

13081-04-013.000 MORGAN, GERALD WAYNE, , ,"DELETE IMP/ERRONEOUSLY A~SE5SED

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CLASS I310L-02-014.001 _ __.JliOllpS_OR,_~\l<YJ{M>LLLll'E_ R lJl 8LO,

EXEMPT/STATE TAX SALE #341409E-Ol-030.000 FLETCHER, JO~:EF'H R & CAROLYN J R lOW

CLASS I

'I ":::-::-:::""",

.,' , ',' DEL ETE IMP ITORN, 14 - - .000, EXEMPT/STATE TAX

'\ 1410H-Ol-043.000, C~If--14- 1'-0"'I:--'-0'-6'---"'-,0 1 • 0 00'-------

DELETE IMP/BURNED1410J-06-046.000 GALLO'liA:t..~VANll,E ...:.. ____R......l6 ___1.n56 9U6.__....::.22.6~ 'I N I

IMP SHOULD BE CLASS I1410L-02-017.000 LOPEZ, TRINIDAD

f-,-,-~---c_C,,-,LASS_I/PARJ_QLH.L- , _1410L-04-022.000 HORNSBY, W FRED II & WF

DELETE IMP/BURNEO

( \Ii----- .. --------- fj-

l RBI LRMPET02 11/22/99 to:SJ Landroll Appraisal t"~9 PAGr:• ~ P_o;;_t_U. i(,~\:~ I\nq_Ac:Li.ons_.T.Jk~ILb_Y~_OLSuQ.f:I:.Yi_:;Qr·s and Stat~CDmm.i...s..sl...ol.r:OL- _'r Record. Added 10-20-1999 thru 11-22-'999 Report Sequence PARCEL NUMBER

Parcel Tax ------- Total Asses"ad ------- , 'W P

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KBI LRflPET02 I \/22/S9 \',: 11 )II;;:tI>%i~~ PAGE" ret;t~.And........Ac.l~JiI;fOJJJ16OI!rJerV]sor's aDd state Tax Corrun.is..s...i.on- ~(./;.~ Records Added 11-12-1999 thru 11-22-.1999 Report Sequence PARCEL NUMBER

. PAR;>~}?;'t~:j~'~;~'~~"'~ OWNULHAMF pa~~=;;>~J:~ -~-;:;:r;otal ~~::~sed -;~:':~: BOS Action SIr Act jon ~ ~------------------------------------------------------------------------------------------------------------------------------------

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Change In Total AssessmEnt

I-- ---- --------------

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r -,,---i .l RBI LRMPET02 11/22/9910:58 Landroll Appraisal 1999

, \ pe tit i OJ" J-nd_Ad.Lo_n.cL Taken. _b_~. _B.o.ar:Q_o.i._SupeL~yj~.S-...aillLSiala.Ja "-_.Co.mmi.s_llOfi...-- ( •'·r Recor'ds lidded 11l-20-1999 thru 11-22-1999 Report Sequence OWtJER NAlIE '

• Parcel Tax ------- Total Assessed ------- \., P

1~' ~~;-~~ ~~~;~=-=:.-=-==-_-~_-_~~_~~~~-~;~~~~~:H--------~:.- ~-::::-:~~:.~~~~~-~ --~~~;;-=-::-~-::~~:-:::-.:~-=~~;; ---~~~ ~~~~-~-::---::::~:~~~-~I: COAST SAF~~~-iNM~-~i~15-4G-3------• DESK ERRONEOUSLY ASSESSED

'. OM T WI 1.(;, J5J'G_' _.,1 OOB IN 199B

GASTEC IrKf----_==~--'E'-"'QUI Pfl.E.~I_...!Wi.QY!;Llli. 1_9_97 .

HAMILTON & LOVELESS 10435 P GO 2046 -2046BUS CLOSED 1997

LIVINGSTON RE_!1UY.....&__ _ . 1522 C ... _. ------.E._G.. ~ ~ _BUS CLOSED END OF 1998

LUCKY PLAYERS AfIlJ2.EM 15440 P P______!;.9JUL.BEl19_Y.lP---I.o_QILUA~r-I S_0tLC.Q JHiT '(__DJ; C _1.8_83________ ILUCKY PLAYERS MlUSEM 13127 P Q 50 -50

EQUIP REMOVED FROM HARRISON COUNTY DEC 1997tiQA.....cw..LC_o.AS_LI,if;D .14575

DBl AS~ESSEO W/,','W 15G 19PIQUE'S BODY SHOP 9777

I

" 00,. IN 1997ft PORTER AVE SERVICE S 3309" BUS CLOSED MAR 1998 "

f-lLl.1I.l.""-.lUW,J;J<::f....- __ 6640__ _ . P_-"----- .3~________ -327 .....I.... "--1. STORM DAMAGE/NOT OPEN IN 1999 ~

S & S CONSTRUCTION 16524 P fl 3203 -3203 TN"1 NOT Ttl IL~_RRISON j:OUUD:_'lN..JJ.Ell Ql\.1.I;__ .."I SOLEIL TANNING SALON 15B82 P G 5787 1742 -4045 TN::"t:: ERRONEOUSLY ASSESSED W/lEA,CD EQUIP "

: S A WIQ.ED~~C~~~-~-~~-~D W/PPl:N-62ci~9-4L- . p__.E UB__. . -=-7..9.8 ::

," T C B 16545 P GO 9327 -9327 TN"" _ 00UlL1J!.'U. ---- ----------- -- --1,.

476


NOVEMBER TERM 1999




JSupervisor BOBBY ELEUTERIUS voted


Supervisor DAVID V. LAROSA, SR. voted



AYE

AYE

AYE

AYE

AYE



the Order adopted.


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477


NOVEMBER TERM 1999


ORDER ACCEPTINC THE LETTER OF RESICNATION TENDEREDBY MR. ERNEST BATEY, TAX COLLECTOR OF HARRISONCOUNTY, MISSISSIPPI, EFFECTIVE DECEMBER 31,1999


MISSISSIPPI,that the Board does HEREBY ACCEPT the letter of resignation

tendered by Mr. Ernest Batey, Tax Collector of Harrison County, Mississippi,

effective December 31,1999, same being as follows:

4'78


NOVEMBER TERM 1999

J

HARRiSON COUNTY COURTriOUSE1801 23RD AVENUE

ERNEST K. BATEYTAX COLLECTORHARRISON COUNTY

GULFPORT, MISSISSIPPI 39502

November 24,1999

Harrison County Board of SupervisorsMr. Larry Benefield, President

Dear Sir:

P.O. BOX 1270 .(601) 865-4039(601) 865-4040

JPlease accept this as my letter of resignation from the office of Harrison County Tax

Collector effective December 31, 1999.

Respectively,

~~~Ernest K. BateyTax CollectorHarrison County

J

479


NOVEMBER TERM 1999

supervisor WILLIAM W. MARTIN seconded the motion to adopt the




supervisor LARRY BENEFIELD voted




AYE

AYE

AYE

AYE

AYE

E.t..;.;~A



the Order adopted.


* * *

(,

Mr. Ernest Batey, Tax Collector, appeared before the Board to discuss

termination of the contract to collect delinquent Personal property

Taxes.

NO Board action was taken.

* *

480


NOVEMBER TERM 1999

The Board of Supervisors, acting for and on behalf of Harrison County, Mississippi (the"County") took up for consideration the matter ofauthorizing and approving a loan on behalfoftheCounty from the Mississippi Department of Economic and Community Development (the"Department") for the purpose ofcompleting capital improvements.

Supervisor BOBBY ELEUTERIUS moved the adoption ofthe following:

RESOLUTION declaring tbe intention of tbe Harrison County Board ofSupervisors to enter into a loan witb the Mississippi Department of Economicand Community Development in the principal amount not to exceed OneMillion Dollars ($1,000,000) for the purpose of completing capital improvementsfor the Biloxi Commerce Park.

BE IT RESOLVED BY THE GOVERNING BODY OF THE COUNTY, AS FOLLOWS:

Section 1. The Governing Body of the County does hereby declare its intention to enterinto a loan agreement with the Department in the principal amount not to exceed One Million Dollars($1,000,000) for the purpose ofcompleting the capital improvements identified as the constructionofwater, sewer, road, and drainage improvements for the development ofthe Biloxi Commerce Park.The loan "vii] be repaid by the Harrison County Development Commission.

Section 2. The Loan will be secured by a Note executed and delivered by the County tothe Dcpartmei;t. Failure ofthe County to meet its repayment obligations sh:ill result in the forfeitureof sales tax allocation and/or homestead exemption reimbursement in an amount sufficient to repayobligations due until such time as the indebtedness has been discharged or arrangements to dischargesuch indebtedness satisfactory to the Department have been made.

Section 3. The Governing Body proposes to authorize and approve the Loan from theDepartment in the amount and for the aforesaid purposes at a meeting of the Governing Body to beheld at the County Courthouse in GulfPort, Mississippi at 9:30 AM. on the 4th day ofJanuary, 2000,or at some meeting held subsequent thereto. This date assigned to authorize and approve theaforementioned loan documents has been set to meet program requirements which mandate that fourpublic notices be issued prior to loan closing. This will allow sufficient time for public comments.

J

J

Supervisor DAVID V. IAROSA, SR. seconded the motion.

Supervisor Bobby Eleuterius voted AYE

]Supervisor Larry Benefield voted AYE

Supervisor David V. LaRosa voted AYE

Supervisor William Martin voted AYE

Suspervisor C. T. Switzer, Jr. voted AYE

I

11.,..II

481


NOVEMBER TERM 1999

The Resolution having received the affinnative vote ofthe majority ofthe members present,the President declared the motion passed and the Resolution adopted this the 29th day of Navenp~

1999.

Publish Wednesday, December 1, 1999Wednesday, December 8, 1999Wednesday, December 15,1999Wednesday, December 22, 1999

[

in the Sun-Herald

482


NOVEMBER TERM 1999

The following Resolution of the Harrison County Development

Commission came before the Board for consideration:

RESOLUTION

There next came on for consideration the request of E. I. DU PONT DE NEMOURS &

COMPANY for an exemption from ad valorem tax, and after a general discussion,

Commissioner Franklin Kyle. Jr. offered the following resolution:

A RESOLUTION OF THE HARRISON COUNTY DEVELOPMENT COMMISSIONREQUESTING THE BOARD OF SUPERVISORS OF HARRISON COUNTY,MISSISSIPPI, FAVORABLY CONSIDER THE APPLICATION OF E. I. DU PONTDE NEMOURS & COMPANY FOR AN EXEMPTION FROM AD VALOREM TAXTO THE EXTENT PERMITTED AND AUTHORIZED BY STATUTE.

WHEREAS, the Harrison County Development Commission has reviewed the application

for exemption from ad valorem tax filed in triplicate by E. I. DU PONT DE NEMOURS &

COMPANY with Harrison County Board of Supervisors for an exemption from ad valorem tax

pursuant to Section 27-31-105, et seq., Mississippi Code of 1972, for expansion at E. 1. DU

PONT DE NEMOURS & COMPANY, and

WHEREAS, the Harrison County Development Commission does find that it would be

appropriate and in order that the application be favorably considered by the Harrison County

Board of Supervisors and that the tax exemption be granted for the maximum period of time

pennitted by statute. It is therefore,

RESOLVED, that the Harrison County Development Commission does hereby request

the Harrison County Board of Supervisors to favorably consider the application of E. 1. DU

PONT DE NEMOURS & COMPANY for exemption from ad valorem tax heretofore filed by E.

1. DU PONT DE NEMOURS & COMPANY with the Harrison County Board of Supervisors,

provided, however, that the total exemption not to exceed ten (10 ) years.

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NOVEMBER TERM 1999

Commissioner Frank Castiglia Jr. seconded the motion and on a roll call vote, the result

was as follows:

483 f

E

Commissioner Mary BankstonCommissioner Frank Castiglia, Jr.Commissioner Esther ColemanCommissioner Louis EliasCommissioner John HeathCommissioner Franklin Kyle, Jr.Commissioner Eaton Lang, Jr.Commissioner Billy LyonsCommissioner Don MasonCommissioner Larry PattersonCommissioner Leroy UrieCommissioner Elmer Williams

Voted-AY.EVotedAY:EVoted ABSENTVoted ABSENTVoted AYEVoted.AYEVoted ABSENTVoted AYEVoted AYEVoted-AY.EVoted AYEVoted ..AYE

E-",:~;~

The motion having received the affirmative vote on a majority of the members present

and voting, the President declared the motion passed and the order adopted on this the ..l.Q1h..day

of October, 1999.

484MINUTE BOOK

BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

NOVEMBER TERM 1999

STATE OF MISSISSIPPI

COUNTY OF HARRISON

CERTIFICATE

I, Merry J. Mayo, Administrative Assistant of the Harrison County Development

Commission, hereby certify that the attached Resolution and Order are true and correct copies.

J

WITNESS MY SIGNATURE, this the /1 Yiday of November, 1999. ]

B~-k~NOTARY UB C

(SEAL)

]

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NOVEMBER TERM 1999

APPLICATIO:"I FOR EXEMPTION FROM AD VALOREM TAXES

APPLICATION OF E. !. du Pont de Nemours & Company FOR TIlE EXEMPTIONFROM AD VALOREM TAXES FOR A PERIOD OF lQ.. YEARS AS AUTHORIZEDBY SECTION 27-31-105, et seq. OF TIlE MISSISSIPPI CODE OF 1972, ASAMENDED

TO THE BOARD OF SUPERVISORS OF HARRISON COUNTY, MISSISSIPPI

1. E.I. DuPont de Nemours & Company, files this its application in triplicate for exemptionfrom Ad Valorem taxation, and respectfully represents :'nto the Honorable Board as follows:

2. Applicant, E.!. DuPont de Nemours & Company, is a __-"D'-"e"'la'-'w'-'a"-re"-- _corporation and duly qualified to do business in the State of Mississippi, and having itsfacility and plant located in the Harrison Judicial District in Harrison County,Mississippi.

3. Applicant is now operating as a chemical & pigment manufacturing company, which is abona fide expanded en:erprise of public utility within the meaning of Section 27-31-105 etseq., and related section, of the Mississippi Code of 1972, as amended, and is eligible for theexemption granted by the above mentioned section.

4. That said expansion was completed on the Ist day of November , 1999, withinthe meaning of the application statutes of the State of Mississippi, and therefore, theexemption hereby claimed should commence on that date.

485

S. The said expanded enterprise will provide approximately _--,1,-,,3__estimated payroll of $ 780,000

new jobs with an

6. That said exemption on the tangible property described in "Exhibit A" should be granted for aperiod not to exceed ten (10) years from said date of completion.

7, That the true value ofal! property to be exempt is approximately $ 2SMMshown in "Exhibit A."

as

486


NOVEMBER TERM 1999

WHEREFORE, PREMISES CONSIDERED, applicant prays that this Board enter afinding that applicant's manufacturing facility is in fact an expandedenterprise of public utility, and that the same was completed on the 1st day of

November , 1999. within the meaning of the applicable laws ofMississippi; and

That applicant be granted an exemption from Ad Valorem taxation, except State andSchool District Ad Valorem taxation, as provided by law, for a period not to exceed then (10)years beginning on the ill.- day of Januarv , 2000. and ending on the lliL day ofDecember . .£QQL.., upon all of the tangible property described in "Exhibit An attachedhereto and made part hereof, used in, or necessary to the operation of applicant's De Lisle,

MS facility in the 2nd Judicial District of Harrison County,Mississippi; and

That this Board approve this application by an Order or Resolution spread upon itsminutes, declaring that such property is exempt from all Ad Valorem taxation, except Stateand School District Ad Valorem taxation, for a period not to exceed ten (10) years andforward the original and one certified copy of this application and a certified transcript ofsuch approval to the Mississippi State Tax Commission and upon approval of suchapplication by the Mississippi State Tax Commission and certification of its approval, theBoard of Supervisors will enter a final order on its minutes granting the exemption hereinprayed.

Respectfully submitted, this the [;)t~ay of 'S ef'lc.>'>\ ,<>--, , 199-1,

E. 1. du Pont de Nemours & Company(Company)

By:Q-~~----;. Allen Mitro

Manager, Property Tax

(Legal Counsel)

(Company)

2

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NOVEMBER TERM 1999


CCUNTY OF HARRISON

~nacta~pearedb~undersigned anhor~an~ the above county and state,aO ....... ' of J U -1, , who

acknowledged to me that he/she signed, sealed and delivered the above and foregoing Applicationfor Exemption from Ad Valorem taxes on the day and year therein written, as and for the act anddeed of said corporation, being duly authorized so to act.

Giv~der my hand and official seal of office, this the ---l.3!!aayo&pt2~hd199;

~tJ~ eO· ~;:JT RYPUBLIC

MY COMMISSION EXPIRES:

My Commission Expires May 30. 2003

3

487 I

488


NOVEMBER TERM 1999

- --- ADVALOREM TAX EXEMPTIONS -- -- - - -----!

WORKSHEET

Expansion/Retention

Company name:

Type of company: (mark all that apply)Warehouse/Distribution center

-X ManufacturerProcessor

_ Refinery_ Research facility_ Regional/national headquarters_ Movie industry studio_ Air transportation maintenance facility

Product/service:Titaniurn Dioxide

Years in operation in Harrison County:20

Current employment:E.!. DuPont: 634Resident Contractors: 484

Existing annual payroll: $DuPont: $37.9MM/Resident Contractors: $22MM

Number of new jobs: 13% Local hires: 100%

Total expansion investment: $ 25MM

Average hourly wage: $ 20.10

Construction/renovation period: 24 monthsConstruction em 10 ment: 150

J

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Harrison County Development Commission CONFIDENTIAL

489


NOVEMBER TERM 1999

I

••Expansion/Retention

NAME OF COMPANYTYPE OF COMPANYPRODUCT/SERVICEEXISTING ANNUAL PAYROLLADDITIONAL PAYROLL

E. I. du Pont de Nemours & CompanyManufacturerChemical & pigment manufacturing$59,900000$780,000

I JOBSEXPANSION INVESTMENTWAGES ($ ABOVE MINIMUM WAGE /HR)YEARS IN OPERATIONLONG TERM EMPLOYMENTENVIRONMENTAL COMPATIBILITY (Y OR N)INDUSTRY STABILITY (0 TO 3)CORPORATE CITIZENSHIP (0 TO 3)CONSTRUCTION PERIOD (MONTHS)

CONSTRUCTION EMPLOYEESEMPLOYMENT MULTIPLIER

VARIABLES

13$25,000,000

$14.9520

1,118N33

24150

6.311

EXEMPTION

32.50%34.59%24.92%

8.33%100.00%

0.00%2.50%3.33%

75.00%57.51%

TOTAL AD VALOREM TAX EXEMPTIONYEARS·

100.00%.1Q

'Initial maximum exemption term is 5 years with reapplication option for addilional 5 years.

MILLAGE

RATE

ESTIMATEDESTIMATED ANNUAL AMOUNT

ANNUAL OF REQUESTEDAMOUNT EXEMPTION

11====~C~O~U~N;,;T;,;Y~=========;~52~.~51~=~$1~9~6~'9~1~2.~5~0====,$1;=:9;;;;6",,'9=:,1;:=2',===50CITYSCHOOL 57.93 $217,237.50

TOTAL 110.44 $414,150.00 $196,912.50


490


NOVEMBER TERM 1999

ORDER

There next came on for consideration the matter of granting a tax exemption from ad valorem

.axes for E. 1. DU PONT DE NEMOURS & COMPANY After a general discussion, Supervisor

------'l.ll.JA::uVuI.....DL-lV'-',L.....1L""AR"""O""S""'A"-','------'S'-'-R'-','----- offered the following resolution:

A RESOLUTION OF THE HARRISON COUNTY BOARD OF SUPERVISORS CONCURRINGIN A RESOLUTION ADOPTED AND RECOMMENDED BY THE HARRISON COUNTYDEVELOPMENT COMMISSION, GRANTING A TAX EXEMPTION FROM AD VALOREMTAXES FOR A PERIOD OF FIVE (5) YEARS, TO E. 1. DU PONT DE NEMOURS & COMPANY,AS AUTHORIZED BY SECTION 27-31-105 ET SEQ OF THE MISSISSIPPI CODE OF 1972,(SUPPL. 1993).

WHEREAS, E. 1. DU PONT DE NEMOURS & COMPANY filed in triplicate with this Board its

Ipplication for exemption for exemption from ad valorem tax taxation; and

WHEREAS, E. 1. DU PONT DE NEMOURS & COMPANY has produced written verification

.,nu cocumentation to this Board as to the authentiCIty and correctness of its application in regard to the

rue value of the prayed for exemption, the completion date of said expansion, and that the prayed for

exemption does not constitute a renovation or replacement of realty or personalty in whole or in part.

WHEREAS, this Board finds as a fact that the property described in the aforesaid application

:onstitutes an industrial enterprise of public utility which was completed on the 1st day of November,

1999.

WHEREAS, the true value of all property to be exempt is $25,000,000.00.

NOW, THEREFORE, BE IT RESOLVED, as follows:

I. That the application for ad valorem tax exemption by E. 1. DU PONT DE NEMOURS &

COMPANY for a period of five (5) years, beginning on January I, 2000, on the property

described in the application filed by said company for tax exemption, be and the same is hereby

approved, subject to approval and certification by the Mississippi Tax Commission.

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491


NOVEMBER TERM 1999

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2. That E. 1. DU PONT DE NEMOURS & COMPANY is hereby granted a tax exemption for said

property described in the application, except State and School District ad valorem taxation, for a period

of five (5) years beginning on January 1,2000, ending December 31,2004.

3. That the exemptions granted in Sections 1 and 2 herein shall be reviewed by this Board for an

extension of same for an additional five (5) year period upon or near the expiration of said exemption.

4. That the Clerk of this Board be, and is hereby directed to spread a copy of this Order on the Minutes

of this Board; and said Clerk shall also forward one certified copy to the Tax Assessor of Harrison

County and obtain the certificate of said Tax Assessor stating that the property as itemized in the

application has been placed on the appropriate tax roll as "Non-Taxable", except for State and School

District ad valorem taxes, for the duration of the exemption period only.

Supervisor BOBBY ELEUTERIUS

follows:

Supervisor Larry Benefield

Supervisor Bobby Eleuterius

Supervisor David LaRosa

Supervisor William 'Martin

Supervisor C.T. Switzer, Jr.

seconded the motion and on a roll call vote, the result was a

Voted AYE

Voted AYE

Voted AYE

Voten AVP

Voted AYE

The motion having received the affirmative vote of a majority of the members present and voting, the PresidentIdeclared the motion passed and the resolution adopted on the 29 tb

1999.

day of __--IN:i.lO-'-',''',pe:JID.ll.bw=.p.<:-r _

492


NOVEMBER TERM 1999

The following Resolution of the Harrison County Development

Commission came before the Board for consideration:

RESOLUTION

There next came on for consideration the request of MESSER GRIESHElM

INDUSTRIES, INC. for an exemption from ad valorem tax, and after a general discussion,

Commissioner Franklin Kyle Jr. offered the following resolution:

A RESOLUTION OF THE HARRISON COUNTY DEVELOPMENT COMMISSIONREQUESTING THE BOARD OF SUPERVISORS OF HARRISON COUNTY,MISSISSIPPI, FAVORABLY CONSIDER THE APPLICATION OF MESSERGRIESHEIM INDUSTRIES, INC. FOR AN EXEMPTION FROM AD VALOREM TAXTO THE EXTENT PERMITTED AND AUTHORIZED BY STATUTE.

WHEREAS, the Harrison County Development Commission has reviewed the application for

exemption from ad valorem tax filed in triplicate by MESSER GRIESHElM INDUSTRIES, INC.

with Harrison County Board of Supervisors for an exemption from ad valorem tax pursuant to

Section 27-31-101, et 5eq., Mississippi Cod", of 1972, for property investment at MESSER

GRIESHEIM INDUSTRIES, INC., and

WHEREAS, the Harrison County Development Commission does find that it would be

appropriate and in order that the application be favorably considered by the Harrison County

Board of Supervisors and that the tax exemption be granted for the maximum period of time

pemlitted by statute. It is therefore,

RESOLVED, that the Harrison County Development Commission does hereby request the

Harrison County Board of Supervisors to favorably consider the application of MESSER

GRlESHEIM INDUSTRIES, INC. for exemption from ad valorem tax heretofore filed by

MESSER GRIESHElM INDUSTRIES, INC. with the Harrison County Board of Supervisors,

provided, however, that the total exemption not to exceed ten (10) years.

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.;.... ;.


NOVEMBER TERM 1999

APPLICATION FOR EXEMPTION FROM AD VALOREM TAXES

APPLICATION OF MESSER GRIESHEIM INDUSTRIES, INC.FOR EXEMPTION FROM AD VALOREM TAXES FOR A PERIOD OF_1_ YEAR AS AUTHORlZED BY SECTION 21-31-101, et seq.

OF THE MISSISSIPPI CODE OF 1972, AS AMENDED


1. Messer Griesheim Industries, Inc., files this its application in triplicate forexemption from Ad Valorem taxation and respectfully represents unto theHonorable Board as follows:

2. Applicant Messer Griesheim Industries, Inc., is a Delaware corporation andduly qualified to do business in the State of Mississippi, and having its facilityand plant located in the First Judicial District in Harrison County, Mississippi.

3. Applicant is now operating as a Industrial Gas Manufacturer which is a bonafide new enterprise of public utility within the meaning of Section 27-31-101et seq., and related sections of the Mississippi Code of 1972, as amended, andis eligible for the exemption granted by the above mentioned section.

4. That said enterprise was completed on the t:..,day of August, 199.2, within themeaning of the application statutes of the State of Mississippi, and therefore,the exemption hereby claimed should commence on that date.

5. The said new enterprise will provide approximately 24 new jobs with anestimated payroll of $1,100,000.

6. That said exemption on the tangible property described in "Exhibit An shouldbe granted for a period not to exceed ten (10) years from said date ofcompletion.

7. That the true value of all property to be exempt is $33,000,000 as shown in"Exhibit A".

mf\cxempl

493

494


NOVEMBER TERM 1999

WHEREFORE, PREMISES CONSIDERED, applicant prays that thisBoard enter a finding that applicant's manufacturing facility is in fact a newenterprise of public utility, and that the same was completed on the ~ day ofAugust, 199.2, within the meaning of the applicable laws of Mississippi; and:

That applicant be granted an exemption from Ad Valorem taxation, exceptState and School District Ad Valorem taxation, as provided by law, for a periodnot to exceed ten (10) years beginning on the ~ day of August, 1999, and endingon the ~ day of August, 200,2, upon all of the tangible property described in"Exhibit A" attached hereto and made part hereof, used in, or necessary to theoperation of applicant's industrial gas facility in the First Judicial District ofHarrison County, Mississippi; and:

That this Board approve this application by an Order or Resolution spreadupon its minutes, declaring that such property is exempt from all Ad Valoremtaxation, for a period not to exceed ten (10) years and forward the original and onecertified copy of this application and a certified transcript of such approval to theMississippi State Tax Commission and upon approval of such application by theMississippi State Tax Commission and certification of its approval, the Board ofSupervisors will enter a final order on its minutes granting the exemption hereinprayed.

Respectfully submitted. this the 29th day of Sepfr,1Jlber, 1992

Messer Griesheim Industries, Inc.(Company)

BY~Oi"(j£J' L~ ... ,;f--

ml\exempt

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495


NOVEMBER TERM 1999

~hiIT' ll'\ v.l Q..2..JCtL--8TP;:'fE OF MISSISSIPPI

C~COUNTY OF RfJUUSON

Personally appeared before me, the undersigned authority in and for the abovecounty and state, William J. Carr, of Messer Griesheim Industries, Inc., whoacknowledged to me that he signed, sealed and delivered the above and foregoingApplication for Exemption from Ad Valorem taxes on the day and year thereinwritten, as and for the act and deed of said corporation, being duly authorized so toact.

Given under my hand and official seal of office, this the ;)1~ayof SJ51Z~-"1999.

~;(~(NOTARY PUBLIC)

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MY COMMISSION EXPIRES;

ftlV--- Zj [)J ~ I

rnf\exempl

NOTARIAL SEALEILEEN L. BAUMANN, Nollwy Public

Mmvem Boro., Cheotll< Coun1yMy CorrlrnlSaloo Em- June ~, 2001

496


NOVEMBER TERM 1999

"EXHIBIT A"

AIR SEPARATION PLANT

J

Machinery and Equipment

Building

mf\exernpt

$32,200,000

800,000

$33,000.000

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NOVEMBER TERM 1999

Commissioner Elmer Williams seconded the motion and on a roll call vote, the result was

as follows:

497

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Commissioner Mary BankstonCommissioner Frank Castiglia, Jr.Commissioner Esther ColemanCommissioner Louis EliasCommissioner John Heath, PresidentCommissioner Franklin Kyle, Jr.Commissioner Eaton Lang, Jr.Commissioner Billy LyonsCommissioner Don MasonCommissioner Larry PattersonCommissioner Leroy UrieCommissioner Elmer Williams

Voted-AYEVoted-AYEVoted ABSENTVoted ABSENTVoted-AYEVoted.AYEVoted ABSENTVoted-AYEVoted.AYEVoted-AYEVoted-AYEVoted-AYE

I

The motion having received the affirmative vote on a majority of the members present and

voting, the President declared the motion passed and the order adopted on this the ~day of

~,1999.

498


NOVEMBER TERM 1999

\\


COUNTY OF HARRISON

CERTIFICATE

I, Merry J. Mayo, Administrative Assistant ofthe Harrison County Development

Commission, hereby certify that the attached Resolution and Order are true and correct copies.

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WITNESS MY SIGNATURE, this the /'7 'fI:.. day ofNovember, 1999.

]

By~jJ~NOTARY pUB'LIC'

(SEAL)

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NOVEMBER TERM 1999

APPLICATION FOR EXEMPTION FROM AD VALOREM TAXES

APPLICATION OF MESSER GRIESHEIM INDUSTRIES, INC.FOR EXEMPTION FROM AD VALOREM TAXES FOR A PERIOD OF_1_ YEAR AS AUTHORIZED BY SECTION 21-31-101, et seq.

OF THE MISSISSIPPI CODE OF 1972, AS AMENDED


1. Messer Griesheim Industries, Inc., files this its application in triplicate forexemption from Ad Valorem taxation and respectfully represents unto theHonorable Board as follows:

2. Applicant Messer Griesheim Industries, Inc., is a Delaware corporation andduly qualified to do business in the State of Mississippi, and having its facilityand plant located in the First Judicial District in Harrison County, Mississippi.

3. Applicant is now operating as a Industrial Gas Manufacturer which is a bonafide new enterprise of public utility within the meaning of Section 27-31-101et seq., and related sections of the Mississippi Code of 1972, as amended, andis eligible for the exemption granted by the above mentioned section.

4. That said enterprise was completed on the ~day of August, 1992, within themeaning of the application statutes of the State of Mississippi, and therefore,the exemption hereby claimed should commence on that date.

5. The said new enterprise will provide approximately 24 new jobs with anestimated payroll of$ 1,1 00,000.

6. That said exemption on the tangible property described in "Exhibit An shouldbe granted for a period not to exceed ten (10) years from said date ofcompletion.

7. That the true value of all property to be exempt is $33,000,000 as shown in"Exhibit A".

m!lexempl

499

500


NOVEMBER TERM 1999

WHEREFORE, PREMISES CONSIDERED, applicant prays that thisBoard enter a finding that applicant's manufacturing facility is in fact a newenterprise of public utility, and that the same was completed on the 1st day ofAugust, 1992, within the meaning of the applicable laws of Mississippi; and:

That applicant be granted an exemption from Ad Valorem taxation, exceptState and School District Ad Valorem taxation, as provided by law, for a periodnot to exceed ten (10) years beginning on the.L: day of August, 1999, and endingon the .L: day of August, 2002, upon all of the tangible property described in"Exhibit A" attached hereto and made part hereof, used in, or necessary to theoperation of applicant's industrial gas facility in the First Judicial District ofHarrison County, Mississippi; and:

That this Board approve this application by an Order or Resolution spreadupon its minutes, declaring that such property is exempt from all Ad Valoremtaxation, for a period not to exceed ten (10) years and forward the original and onecertified copy of this application and a certified transcript of such approval to theMississippi State Tax Commission and upon approval of such application by theMississippi State Tax Commission and certification of its approval, the Board ofSupervisors will enter a final order on its minutes granting the exemption hereinprayed.

Respectfully submitted, this the 29 th day of September, 1992.

Messer Griesheim Industries. Inc.(Company)

BY~0Gn£J , .~ ....> +-

mf\c::xcmpt

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NOVEMBER TERM 1999

"EXIDBIT A"

AIR SEPARATION PLANT

501

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Machinery and Equipment

Building

mJ\exempt

$32,200,000

800,000

$33,000.000


NOVEMBER TERM 1999

c:,Vn IT' t" u.\ Q...e..tlL---B'I'*'fE OF MISSI3SIPPI

e~COUNTY OF HAR..'USON

Personally appeared before me, the undersigned authority in and for the abovecounty and state, William J. Carr, of Messer Griesheim Industries. Inc., whoacknowledged ·to me that he signed, sealed and delivered the above and foregoingApplication for Exemption from Ad Valorem taxes on the day and year thereinwritten, as and for the act and deed of said corporation, being duly authorized so toact.

Given under my hand and official seal ofoffice, this the d 1~ay of S~~1999.

~dZ~(NOTARY PUBLIC)

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MY COMMISSION EXPIRES:

'1l.A-iJl- Z; (;)J 0 I

ml\cxempt

NOTARIAL SEALEILEEN L. BAUMANN. NOlIlo'y Public

Malvem Boro.. Cheslrlf County"1Y Cornrn.ss.oo EXjlirM June 4. 200f

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NOVEMBER TERM 1999

E

ORDER

~ There next came on for consideration the matter of granting a tax exemption from ad

valorem taxes for MESSER GRIESHEIM INDUSTRIES, INC. After a general discussion,

503

Supervisor BOBBY ELEUTERIUS offered the following resolution:

IA RESOLUTION OF THE HARRISON COUNTY BOARD OF SUPERVISORSCONCURRING IN A RESOLUTION ADOPTED AND RECOMMENDED BY THEHARRISON COUNTY DEVELOPMENT COMMISSION, GRANTING A TAXEXEMPTION FROM AD VALOREM TAXES FOR A PERIOD OF FIVE (5) YEARS, TOMESSER GRIESHEIM INDUSTRIES, INC., AS AUTHORIZED BY SECTION 27-31-101ET SEQ OF THE MISSISSIPPI CODE OF 1972, (SUPPL. 1993).

WHEREAS, MESSER GRIESHEIM INDUSTRIES, INC. filed in triplicate with this

Board its application for exemption for exemption from ad valorem tax taxation; and

~ WHEREAS, MESSER GRIESHElM INDUSTRIES, INC. has produced written

verification and documentation to this Board as to the authenticity and correctness of its

application in regard to the true value of the prayed for exemption, the completion date of said

enterprise, and that the prayed for exemption does not constitute a renovation or replacement of

realty or personalty in whole or in part.

WHEREAS, this Board finds as a fact that the property described in the aforesaid

application constitutes an industrial enterprise of public utility which was completed on or about

I the 1st day of August, 1999;

WHEREAS, the true value of all property to be exempt is $33,000,000.00.

NOW, THEREFORE, BE IT RESOLVED, as follows:

1. That the application for ad valorem tax exemption by MESSER GRIESHElM

INDUSTRIES, INC. for a period of five (5) years, beginning on January 1, 2000, on the

504


NOVEMBER TERM 1999

property described in the application filed by said company for tax exemption, be and the

same is hereby approved, subject to approval and certification by the Mississippi Tax

Commission.

2. That MESSER GRIESHEIM INDUSTRIES, INC. is hereby granted a tax exemption for

said property described in the application, except State and School District ad valorem taxation,

for a period of five (5) years beginning on January 1,2000, ending December 31, 2004.

3. That the exemptions granted in Sections 1 and 2 herein shall be reviewed by this Board

for an extension of same for an additional five (5) year period upon or near the expiration of

said exemption.

4. That the Clerk of this Board be, and is hereby directed to spread a copy of this Order on the

Minutes of this Board; and said Clerk shall also forward one certified copy to the Tax Assessor

of Harrison County and obtain the certificate of said Tax Assessor stating that the property as

itemized in the application has been placed on the appropriate tax roll as "Non-Taxable", except

for State and School District ad valorem taxes, for the duration of the exemption period only.

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upervisor DAVID V. LAROSA. SR •

.vas as follows:

Supervisor Larry Benefield

Supervisor Bobby Eleuterius

Supervisor David LaRosa

Supervisor William Martin

Supervisor C.T. Switzer, Jr.

seconded the motion and on a roll call vote, the result

Voted AYE

Voted AYE

Voted AYE JVoted AYE

Voted AYE

505


NOVEMBER TERM 1999

I·····~····'~

The motion having received the affirmative vote of a majority of the members present and voting, the

President declared the motion passed and the resolution adopted on the 29th

, N_o_v_em_b_e_r • 1999.

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day of

506MINUTE BOOK


NOVEMBER TERM 1999

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'lAME OF COMPANYrYPE OF Cp~ANY:JRODUCT/SERVICEo"NNUAL PAYROLL

New Enterprise/Relocation

Messer Griesheim Industries, Inc.ManufacturerIndustrial Gas$1,100,000

VARIABLES EXEMPTION

JOBSNVESTMENTNAGES ($ ABOVE MINIMUM WAGE IHR)SHORT-TERM EXPANSION POTENTIAL (0 TO 3)':NVIRONMENTAL COMPATIBILITY (Y OR N)::OMPANY INTEGRITY (0 TO 3)NDUSTRY STABILITY (0 TO 3)NFRASTRUCTURE IMPACT (Y OR N)::;ONSTRUCTION PERIOD (MONTHS)

CONSTRUCTION EMPLOYEES

':MPLOYMENT MULTIPLIER

24$33,000,000

$22.04oN33N1025

6.311

60.00%34.59%36.73%

0.00%0.00%1.25%2.50%3.33%

5.21%

10000%

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TOTAL AD VALOREM TAX EXEMPTIONYEARS

<Initial maximum exemption term is 5 years with reapplication option for additional 5 years.

100.00%1Q

MILLAGE

ANNUAL AMOUNTANNUAL OF REQUESTED

RATE AMOUNT EXEMPTION

JCOUNTY 52.51 $259,924.50 $259,924.50CITY

SCHOOL 57.93 $286,753.50TOTAL 110.44 $546,678.00 $259,924.50


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NOVEMBER TERM 1999

supervisor DAVID V. LAROSA, SR. moved adoption of the following:

ORDER ACCEPTING AN AGREEMENT FROM THE U.S.DEPARTMENT OF AGRICULTURE, NATURAL RESOURCESCONSERVATION SERVICE-EMERGENCY WATERSHEDPROTECTION PROGRAM FOR CLEARING OF DEBRIS FROMNORTH FLAT BRANCH CREEK AND CANAL NO.2;AUTHORIZING THE BOARD PRESIDENT TO SIGN THEAGREEMENT, AS RECOMMENDED BY BOBBY KNESAL, COUNTY~I'JGINEER


MISSISSIPPI, that the Board does HEREBY ACCEPT an agreement from the U.S.

Department of Agriculture, Natural Resources Conservation

Service-Emergency watershed protection Program for clearing of debris

from North Flat Branch Creek and canal No.2, same being as follows;

508


NOVEMBER TERM 1999

ATTACHMENT A - SPECIAL PROVISIONS

The cooperator agrees to comply with the following special provisions which are herebyattached .to this agreement.

L Drug-Free Workplace.

By signing this agreement, the cooperator is providing the certification set out below. If itis later determined that the cooperator knowingly rendered a false certification, orotherwise violates the requirements of the Drug-Free Workplace Act, the NRCS, inaddition to any other remedies available to the Federal Government, may take actionauthorized under the Drug-Free Workplace ,Act.

Controlled substance means acontroUed substance in Schedules I through V of theControlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFS1308.11 through 1308.15); .

Conviction means a finding of (including a plea of nolo contendere) or imposition ofsentence, or both, by any judicial body charged with the responsibility to determineviolations of the Federal or State criminal drug statutes;

Criminal drug statute means a Federal or non-Federal criminal statute involving themanufacturing, distribution, dispensing, use, or possession of any controlled substance;

Emplovee means the employee of a grantee directly engaged in the performance of workunder a grant, including: (I) All direct charge employees; (ii) All indirect charge employeesunless their impact or involvement is insignificant to the performance of the grant; and,(iii) Temporary personnel and consultants who are directly engaged in the performance ofwork under the grant and who are on the grantee's payroll. This definition does notinclude workers not on the payroll of the grantee (e.g., volunteers, even if used to meet amatching requirements; consultants or independent contractors not on the grantees'payroll; or employees ofsubrecipients or subcontractors in covered workplaces).

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Certification: )

A. The grantee certifies that it will or will continue to provide a drug-free worh.-place by:

(a) Publishing a statement notifying employees that the unlawful manufacture,distribution, dispensing, possession, or use of a controlled substance is prohibited inthe grantee's workplace and specifying the actions that will be taken against employees forviolation of such prohibition;

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509MINUTE BOOK


NOVEMBER TERM 1999

(b) Establishing an ·ongoing drug-free awareness program to inform employees about :...

(1) The danger of drug abuse in the workplace;(2) The grantee's policy of maintaining a drug-free workplace;(3) Any available drug counseling, rehabilitation, and employee assistance

programs; and(4) The penalties that may be imposed upon employees for drug abuse violations

occurring in the workplace;

(c) Making it a requirement that each employee to be engaged in the performance ofthe grant be given a copy of the statement required by paragraph (a);

(d) Notifying the employee in the statement required by paragraph 9a) that, as acondition of employment under the grant, the employee wiIl-

(1) Abide by the terms of the statement; and(2) Notifying the employer in writing of his or her conviction for a violation of a

criminal drug statute occurring in the workplace no later than five calendar days after sucha conviction;

(e) Notifying NRCS in writing, within ten calendar days after receiving notice underparagraph 9(d)(2) from an employee or otherwise receiving actual notice of suchconviction. Employers of convicted employees must provide notice, including position title,to every grant on'icer or other designee on whose grant activity the convicted employee wasworking, unless the Federal agency has designated a-central point for the receipt of suchnotices. Notice,shall include the identification number(s) of e.ach affected grant;

(t) Taking one of the following actions, within 30 calendar days of receiving noticeunder paragraph (d)(2), with respect to any employee who is so convicted -

(1) Taking appropriate personnel action against such an employee, up to andincluding termination, consistent with the requirements of th'l Rehabilitation Act of 1973,as amended; or

(2) Requiring such employee to participate satisfactorily in a drug abuse assistanceor rehabilitation program approved for such purposes by a Federal, State or local health,law enforcement, or other appropriate agency;

(g) Making a good faith effort to continue to maintain a drug-free workplace throughimplementation of paragraphs. (a), (b), (c), (d), (e), and (t).

(h) Agencies shall keep the original of all disclosure reports in the official files of theagency.

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NOVEMBER TERM 1999

B. The cooperator may provide a list of the site(s) for the performance of work done inconnection with a specific project or other agreement.

II. Certification Regarding Lobbving (7 CFR 3018) (Applicable if this agreement exceedsS100.000)

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of thecooperator, to any person for influencing or attempting to influence an officer or employeeof an agency, Member of Congress, and officer or employer of Congress, or a Member ofCongress in connection with the awarding of any Federal contract, the making of anyFederal grant, the making of any Federal loan, the entering into of any cooperativeagreement, and the ertension, continuation, renewal, amendment, or modification of anyFederal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid toany person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member ofCongress, in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form toReport Lobbying," in accordance with its instructions.

(3) The cooperator shall require that the language of this certification be included in theaward documents for alI subawards at all tiers (including subcontracts, subgrants, andcontracts under grants, loans, and cooperative agreements) and that all subrecipients shallcertify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed whenthis transaction was made or entered into. Submission of this certification is a prerequisitefor making or entering into this transaction imposed by section 1352, Title 31, U. S. Code.Any person who falli to fIle the required certification shall be subject to a civil penalty ofnot less than $10,000 and not more than $100,000 for each such failure.

III. Certification Regarding Debarment. Suspension. and Other Responsibilitv matters PrimarY Covered Transactions. (7 CFR 3017)

(l) The cooperator certifies to the best of its knowledge and belief, that it and itsprincipals:

(a) Are not presently debarred, suspended, proposed for debarment, declaredineligible, or voluntarily excluded from covered transactions by any Federal department oragency;

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NOVEMBER TERM 1999

(b) Have not within a three-year period preceding this proposal been convicted of orhad a civil judgment rendered against them for commission of fraud or a criminal offensein connection with obtaining, attempting to obtain, or performing a public (Federal, stateor local) transaction or contract under a public transaction; violation of Federal or Stateantitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification ordestruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly chargeri by agovernmental entity (Federal, State, or local) with commission of any of the {. Tensesenumerated in paragraph (1)(b) of this certification; and

(d) Have not within a three-year period preceding this application/proposal has one ormore public transactions (Federal, State or local) terminated for cause or default

(2) Where the primary cooperator is unable to certify to any of the statements in thiscertification, such prospective participant shall attach an explanation to this agreement.

IV. Dean Air and Water Certification (Applicable if this agreement exceeds 5100,000, ora facility to be used has been the subject of a conviction under the Gean Air Act (42U.S.c. 1857c-8(c)(1) or the Federal Water PoUution Control Act (33 U.S.C. 1319(c» and islisted by EPA, or is not otherwise exempt.) .

The cooperator signatory to this agreement certifies as follows:

(a) Any facility to be utilized in the performance ~f this proposed agreement is __, isnot__, listed on the Environmental Protection Agency List of Violating Facilities.

(b) To promptly notify the State or Regional Conservationist prior to the signing of thisagreement by NRCS, of the receipt of any communication from the Director, Office of

- Federal Activities, U. S. Environmental Protection Agency, indicating that any facilitywhich he/she proposes to use for the performance of the agreement is under considerationto be listed on the Environmental Protection Agency List of Violating Facilities.

(c) To include substantially this certification, including this subparagraph (c), in everynonexempt subagreement.

Gean Air and Water Gause

(Applicable only if the agreement exceeds SI00,000, or a facility to be used has been thesubject of a conviction under the Gean Air Act (42 U.S.c. 1857c-8(c)(1) or the FederalWater Pollution Control Act (33 U.S.c. 1319(c» and is listed by EPA or the agreement isnot otherwise exempt.)

512 MINUTE BOOKBOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

NOVEMBER TERM 1999

\A. The cooperator agrees as follows:

(1) To comply with all the requirements of section 114 of the Clean Air Act as amended (42U.S.c. 18;;7, et seq., as amended by Public Law 91-604) and section 308 of the FederalWater Pollution Control Act (33 U.S.c. 1251 et. sq., as amended by Public Law 92-500),respectively, relating to inspection, monitoring, entry, reports, and information, as well asother requirements specified in section 114 and section 308 of the Air Act and the WaterAct, respectively, and aU regulations and guidelines issued thereunder before the signing ofthis agreement by NRCS.

(2) That no portion of the work required by this agreement will be performed in a facilitylisted on the Environmental Protection Agency List of Violating Facilities on the date whenthis agreement was signed by NRCS unless and until the EPA eliminates the name of suchfacility or facilities from such listing.

(3) To use their best efforts to comply with clean air standards and clean water standardsat the facilities In which the agreement is being performed.

(4) To insert the substance of the provisions of this clause in any nonexempt subagreement,including this subparagraph A. (4).

B. The terms used in this clause have the following meanings:

(1) The term "Air Act" means the Oean Air Act, as amended (42 U.S.c. 1857 et seq., asamended by Public Law 91-604).

(2) The term "Water Act" means Federal Water Pollution Control Act, as amended (33U.S.c. 1251 et seq., as amended by Public Law 92-55).

(3) The term "clean air standards" means any enforceable rules, regulations, guidelines,standards, limitations, orders, controls, prohibitions, or other requirements which arecontained in, issued under, or otherwise adopted pursuant to the Air Act or ExecutiveOrder 11738, an applicable implementation plan as described in section llO(d) of the OeanAir Act (42 U.S.C. 1857c-5(d)), and approved implementation procedure or plan undersection 1H(c) or section 111(d), respectively, of the Air Act (42 U.S.C. 1857c-6(c) or (d», oran approved implementation procedure under section 112(d) of the Air Act (42 U.S.c.1857c-7(d)).

(4) The term "clean water standards" means any enforceable limitation, control, condition,prohibition, standards, or other requirement which is promulgated pursuant to the WaterAct or contained a permit issued to a discharger by the Environmental Protection Agencyor by a State under an approved program, as authorized by section 402 of the Water Act

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NOVEMBER TERM 1999

(33 U.S.c. 1342), or by a local government to ensure compliance with pertreatmentregulations a~ required by section 307 of the Water Act (3 U.S.C. 1317).

(5) The term "compliance" means compliance with clean air or water standards.Compliance shall also mean compliance with the scheduled or plan ordered or approved bya court of competent jurisdiction, the Emironmental Protection Agency or any air or waterpollution control issued pursuant thereto.

(6) The term "facility" means any building, plant, installation, structure, mine, vessel orother floating craft, location or site of operations, owned leased, or supervised by-a sponsor,to be utilized in the performance of an agreement or 5ubagreement. Where a location orsite of operations contains or includes more than one building, plant, installation, orstructure, the entire location shall be deemed to be a facility except where the Director,Office of Federal Activities, Environmental Protection Agency, determines thatindependent facilities are collated in one geographical area.

V. Assurances and Compliance

As a condition ofllie grant or cooperative agreement, the recipient assures and certifiesthat it is in compliance with and will comply in the course of the agreement with allapplicable laws; regulations, Executive Orders -and other generally applicable requirements,including those set out in 7 CPR 3015, 3016,3017,3018,3019, and 3051 which hereby areincorporated in this agreement by reference, and such other statutory provisions as arespecifically set forth herein.

VI. Examination of Records

Give the NRCS or the Comptroller General. through any authorized representative, accessto and the right to examine all records, books, papers, or documents related to thisagreement. Retain all records related to this agreement for a period of three years aftercompletion of the terms of this agreement in accordance with the applicable O:MB Circular.

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NOVEMBER TERM 1999

\STATE ~ _

WATERSHED ---------CONTRACT NO.

STANDARDS OF CONDUCT

The Contracting Local Organization for thehereby agrees that: its offi cers, emp 1oyee":'"s-,-:o-r-ag-e-n...,-t-s-s""'"h-a....j ....l-n-e""'"i-,-t,.-he-r-s-o,...ll,.-·c"""'itnor accept gratuities, favors, or anything of monetary value from contractors'or potential contractors. The contract or other procurement action shall notbe awarded to a sponsor, the Contracting Local Organization, or firm in whichany official of ,such organization, o.r any member of such official's imnediatefamily, has direct or indirect interest in the recurring profits or contractsof such firms. To the extent permissible by state or local laws, rules orregulations, such standards as herein stated above shall provide forpenalties, sanctions, or other disciplinary actions to be applied forViolations of such standards by either the Contracting Local Organizationofficers, employees, or agents, or by contractors or their agents.

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FINANCIAL MANAGEMENT SYSTEM

The sponsor responsible for managing the finances of Section 216, PublicLaw 81-516, work in which the SCS has a financial interest must deveiop andmaintain a financial management system which shall provide for:

(a) Accurate, current and complete disclosure of the financial results of eachPub)ic Law 516 undertaking in which SCS has a financial interest in

.accordance with SCS reporting requirements. When the SCS requiresreporting on an accrual basis and the sponsor's accounting records are notkept on that basis, the sponsor should develop such information through ananalysis of the documentation on hand or on the basis of best estimates.

(b) Records which identify adequately the source and application of funds forPublic Law 516 financially supported undertakings. These records shallcontain information pertaining to grant awards and authorizations,obligations, unobligated balances, assets, liabilities, outlays andincome. '

(c) Effective control over and accountability for all funds, property andother assets. Sponsors shall adequately safeguard all such assets andshall assure that they are used solely for authorized purposes.

(dj Comparison of actual with budgeted amounts for each undertaking, i.e.,each project agreement, land rights agreement, agreement for services, andrelocation agreement. Also, relation of financial information Withperformance or productivity data, including the production of unit costinformation whenever appropriate and reqUired by SCS.

(e) Procedures to minimize the time elapsing between the transfer of fundsfrom the U. S. Treasury and disbursement by the sponsor, whenever fundsare advanced by the SCS. When advances are made by a letter of creditmethod, the sponsor shall make draw-downs from the U. S. Treasury throughits commercial bank as close as possible to the time of making thedisbursements.

(f) ProCedures for determining the allowability and allocability of costs inaccordance with the SCS obligating instrument (project agreement,agreement for services, land rights agreement, relocation agreement) andthe applicable SCS program handbook (Watershed Protect10n Handbook orReSOUice Conseivat1on and Development Projects Handbook).

(g) Accounting records which are supported by source. documentation.

(h) Audits to be made by the sponsor or at the sponsor's direction, todetermine, at a minimum, the fiscal integrity of financial transactionsand reports, and the compliance with laws, regulations and administrativereqUirements. The sponsor will schedule such audits with reasonablefrequency, usually annually, but not less frequently than once every twoyears, considering the nature, size and complexity of the activity.

(i) A systematic method to assure timely and appropriate resolution of auditfindings and recommendations.

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NOVEMBER TERM 1999

The has a FlnancialManagement System that complies wish the requirements of Section 510.50 ofthe Contracts, Grants, and Cooperative Agreements Manual as shown above.

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This action authorized at anofficial meeting of theHarrison County Board of BY'h~

Ti tle: __-'~c~-===~":""-- _

Date: 11-,z9~22,

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NOVEMBER TERM 1999

OMB APPROVAL NO.0991 - 0002 (~~Y 1990)

U.S. DEPARTMENT OF AGRICULTURE

CERTIFICATION REGARDINGDRUG-FREE WORKPLACE REQUIREMENTS (GRANTS)

ALTERNATIVE I - FOR GRANTEES OTHER THAN INDIVIDUALS

Alternate I.

A. The grantee certifies that it will or will continue to provide a drug-freeworkplace by:

(a) Publish1ng a statement notHying employees that the unlawfulmanufacture, distribution, d1spens1ng, possession, or use of acontrolled substance is prohibited in the grantee's workplace andspecifying the'actions that will be taken against employees forviDlation of such prDhib1tion:

(b) Establishing an ongoing drug-free awareness prDgram to infonnemployees abDut-

(1) The dangers of drug abuse in the workplace;

(2) The grantee's pDlicy Df maintaining a drug-free workplace:

(3) Any available drug cDunseling, rehabilitation, and emplDyeeassistance programs; and

(4) The penalt1es that may be imposed upDn employees fDr drugabuse violatiDns occurring 1n the workplace;

(e) Making it a requirement that each employee to be engaged in theperfonnance of the grant be given a copy of the statement required beparagraph (a): .

(d) Not1fyingthe employee 1n the statement required by paragraph (a)that, as a cDndition of employment under the grant, the employeewill ~ .

(1) Abide by the tenns of the statement; and

(2) Notify the emplDyer in writ1ng of his or her conv1ction for aviDlation Df a criminal drug statute Dccurring in the wDrk-placenD later than five calendar days after such conviction;

(e) NDtifying the agency in writing within ten calendar days afterreceiving notice under subparagraph (d)(2) from an employee orother-wise receiving actual notice of such conviction. Employers ofconvicted employees must provide notice. Includ1ng position title,

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NOVEMBER TERM 1999

ALTERNATIVE I

(e) to every grant officer or other designee on whose grant activity theconvicted employee was working, unless the Federal agency hasdesignated a central point for the receipt of such notices. Noticeshall include the identification number(s) of each affected grant;

(f) Taking one of the following actions, within 30 calendar days ofreceiving notice under SUbparagraph (d)(2), with respect to anyemployee who is so convicted-

(1) Taking appropriate personnel action against such an employee, upto and including termination, consistent with the requirementsof the Rehabilitation Act of 1973, as amended; or

(2) Requiring such employee to participate satisfactorily in a drugabuse assistance or rehabilitation program approved for suchpurposes by a Federal, State, or local health, law enforcement,or other appropriate agency;

(g) Making a good faith effort to continue to maintain a.drug-freework-place through implementation of paragraphs (a), (b), (c) ,(d),(e), and (f).

B. The grantee may insert i~ the space provided below the site(s} for theperformance of work done in connection with the specific grant:

Place of Performance (Street address, city, county, state, zip code)

Check __ if the. re are workplaces on f~~ ~dl~d here.(signature) J (date)

INSTRUCTIONS FOR CERTIFICATION . '7 ;1. By signing and/or submitting this application or grant agreement, the

grantee is prOViding the certification set out below.

2. The certif1cation ~et· out below is a material representation of fact upon~h1ch reliance is placed when the agency awards the grant. If it is laterdetermined that the grantee knowingly rendered a false certification, orotherwise violates the reqUirements of the Drug-Free Workplace Act, theagency,· in addition to any other remedies available to the FederalGovernment, may take action authorized under the Drug-Free Workplace Act.

3. For grantees other than indiViduals, Alternate I applies.

4. For grantees who are individuals, Alternate II app11es.

5. Workplaces under grants~ for grantees other than ind1viduals, need not beidentified on the certification. If known, they may be identified in the

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ALTERNATIVE I

grant application. If the grantee does not identify the workplaces at thetime of application, or upon award, if there is no application, thegrantee must keep the identity of the workplace(s) on file in 1ts officeand make the information available for Federal inspection. Failure toident1fy all known workplaces constitutes a violation of the grantee'sdrug-free workplace requirements.

6. Workplace identifications must 1nclude the actual address of buildings (orparts of bu11dlngs) or other sites where work under the grant takes place.Categorical descriptions may be used (e.g., all vehicles of a mass transitauthority or State highway department while in operat10n. State employeesin each local unemployment office, performers 1n concert halls or radiostud10s).

7. If the workplace 1dentH1ed to the agency changes during the performanceof the grant, the grantee shall inform the agency of the change(s), if itpreviously ident1fled the workplaces in question (see paragraph five).

8. Definitions of terms In the Nonprocurement Suspension and Debarment commonrule and Drug-Free Workplace common rule apply to th1s certification.Grantees attention is called, in particular, to the following definitionsfrom these rules:

"Controlled substance" means a controlled substance in Schedules I throughV of the Controlled SUbstances Act (21 U.S.C. 812) and as further definedby regUlation (21 CFR 1308.11 through 1308.15);

"Conviction" means a finding of gu1lt (including a plea of nolocontendere) or 1mposition of sentence, or both, by any judicial bodycharged with the responsibility to determine violations of the Federal orState criminal drug statutes;

"Criminal drug statute" means a Federal or non-Federal criminal statuteinvolving the manUfacture, distribution, dispensing, use, or possession ofany controlled substance;

"Employee" means the employee of a grantee directly engaged in theperformance of work under a grant, Includ1ng:

(1) All "direct charge" employees;

(ii) All "indirect charge" employees unless their impact or involvementis insignificant to the performance of the grant; and

(i i i) Temporary personnel and consul tants who are di rectly engaged in theperformance of work under the grant and who are on the grantee'spayroll. This definition does not include workers not on the payrollof the grantee (e.g., volunteers, even if used to meet a matchingrequirement; consultants or independent contractors not on thegrantee's payroll; or employees of subrecipient~ or subcontractors Incovered workplaces).

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NOVEMBER TERM 1999

NOTICE TO PROSPECTIVE FEDERALLY ASSISTEDCONSTRUCTION CONTRACTORS

(a) A Certification of Nonsegregated Facilities must be submitted prior tothe award of a federally assisted construction contract exceeding $10,000which is not exempt from the provisions of the Equal Opportunity clause.

(b) Contractors receiving federally assisted construction contract awardsexceeding $10,000 which are not exempt from the provisions of the Equal 'Opportunity clause will be required to provide for the forwarding of thefollowing notice to prospective subcontractors for supplies and constructioncontracts where the subcontracts exceed $10,000 and are not exempt from theprovisions of the' Equal Opportun1tY clause.

NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENTFOR CERTIFICATION OF' NONSEGREGATED,FACILITIES

(a) A Certification of Nonsegregated Facilities must be submitted prior tothe award of a subcontract exceeding $10,000 which is not exempt from theprovisions of the Equal Opportunity of the Equal Opportunity clause.

(b) Contractors receiving subcontract awards exceeding $10,000 which arenot exempt from the provisions of the Equal Opportunity clause will bereqUired to provide for the forwarding of this notice to prospectivesubcontractors for supplies and construction contracts where the subcontractsexceed $10,000 and are not exempt from the provisions of the Equal Opportunityclause.

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521


NOVEMBER TERM 1999

..

\CertHi cati on for Contracts, Grants, Loans, and Coope'rative Agreements

. The underslgned certifies, to the best of hls or her knowledge and belief,that:

(1) No 'Federal appropriated funds have been paid or will be paid. by or onbehalf of the undersigned. to any person for influencing or attempting toinfluence an officer or employee of any agency, a Member of Congress, anofficer or employee of Congress, or an employee of a Member of Congress inconnection wlth the awarding of any Federal contract, the maklng of any Federalgrant, the making of any Federal loan, the entering into of any cooperativeagreement. and the extension, contInuation, renewal, amendment, or .modlficatlon of any Federal contract. grant. loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or willbe paid to any person for influencing or attempting to lnfluence an officer oremployee of 'any agency, a Member of Congress, an officer or, employee ofCongress. or an employee of a Member of Congress in connection with thisFederal contra~t. grant; 'loan, or cooperative agreement, the underslgned shallcomplete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions.

(3) The undersigned shall require that the language of this certification beincluded in the award documents for all subawards at all tiers (includingsubcontracts, subgrants, and contracts under grants, loans, and cooperativeagreements) and that all subrecipients shall certify and disclose accordingly.

ThIs certification is a material representation of fact upon which reliancewas,placed when this transaction was made or entered into. Submission of thiscertification ls a prerequlsite for making ~r entering lnto this transactionimposed by sectlon 1352, title 31, U.S. Code. Any person who fails to filethe required certificatlon shall be SUbject to a civil penalty of not lessthan $10,000 and not more than $100,000 for each such failure.

522MINUTE BOOK


NOVEMBER TERM 1999

NEW RESTRICTIONS ON LOBBYING

(a) Definitions. As used in this clause:

"Agency", as defined in 5 U.S.C. 552(f), includes Federal Executivedepartments and agencies as well as independent regulatory commissions andGovernment corporations, as defined in 31 U.S.C. 9101(1).

"Covered Federal action" means any of the following Federal actions:(1) The awarding of any Federal contract; .(2) The making of any Federal grant;(3) The making of any Federal loan;(4) The entering into of any cooperative agreement; and,(5) The extension, continuation, renewal, amendment, ormodification of any Federal contract, grant, loan, orcooperative agreement. ' .

Covered Federal action does not include receiving·from an agency a commitmentproviding for the United States to insure or guarantee a loan.

"Indian tribe" and "tribal organization" have the meaning provided insection 4 of the Indian Self-Determination and Education Assistance Act (25U.S.C. 450B). Alaskan Natives are included under the definitions Df Indiantribes in that Act.

"Inf1uencing Dr attempting to influence" means making, with the intent toinfluence, any communicatiDn to or appearance before an officer or emplDyee Dfany agency, a Member of Congress, an officer or employee of Congress, or anemployee or a Member Df CDngress in cDnnection with any covered Federalaction.

"Local government" means a unit of government in a State and, ifchartered, established, Dr Dtherwise recognized by a State for the performanceof a governmental duty, including a local public authority. a specialdistrict. an intrastate district, a council of gDvernments. a sponsor grouprepresentative organization, and any other instrumentality of a localgovernment. .

"Officer or employee· of an agency" includes the following individuals whoare employed by an agency:

(1) An individual who is appointed to a position in the GDvernment undertitle 5, U.S. Code, including a position under a temporary appointment;(2) A member of the uniformed services as defined in section 101(3), title37, U.S. Code;(3) A special Government employee as defined in section 202. title 18;U.S. Code; and,

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523MINUTE BOOK


NOVEMBER TERM 1999

(4) An individual who is a member of a Federal advisory committee; asdefined by the Federal AdviscryCommittee Act, Title 5, U.S. CodeAppendix 2.

"Person" means an individual, corporation, company, association,authorfty, firm, partnership, society, State, and local government, regardlessof Whether such entity is operated for profit or not for profit. This termexcludes an Indian tribe, tribal organization, or any other Indianorganization with respect" to expenditures specifically permitted by otherFederal law. .

"Reasonable compensation" means, with respect to a regularly employedofficer or employee of any person, compensation that is consistent with thenormal compensation for such officer or employee for work that is notfurnished to, not funded by, or not furnished in cooperation with the FederalGovernment. '

"Reasonable payment" means, with respect to professional and othertechnical services, a payment in an amount that is consistent with the amountnormally paid for such services in the private sector.

"Recipient" includes all contractors and subcontractors at any tier inconnection with a Federal contract. The term excludes an Indian tribe, tribalorganization, or any other Indian organization with respect to expendituresspecifically permitted by other Federal law.

"Regularly employed" means, with respect to an officer or employee of aperson requesting or receiving a Federal contract, an officer or employee whois employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of s~th contract. An officer oremployee who is employed by such person for less than 130 working days withinone year immediately preceding the date of the submission that initiatesagency consideration of such person shall be considered to be regularlyemployed as soon as he or she is employed by such person for 130 workingdays.

"State" means a State of the United States, the District of Columbia, theCommonwealth Puerto Rico, a territory or possession of the United States, anagency or instrumentalIty of a State, and a multI-State, regional, orinterstate entity having governmental duties and powers.

(b) Prohibition.

(1) Section 1352 of title 31, U.S. Code prOVides in part that noappropriated funds may be extended by the recipient of a Federal contract,grant, loan, or cooperative agreement to pay any person for influencing or

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NOVEMBER TERM 1999

attempting to influence an officer or employee of any agency, a Member ofCongress, an officer or employee of Cvngress, or an employee of a Member ofCongress in connection with any of the following covered Federal actions: theawarding of any Federal contract, the making of any Federal grant, the makingof any Federal loan, the entering into of any cooperative agreement, and theextension, continuation, renewal, amendment, or modification of any Federalcontract, grant, loan, or cooperative agreement.

(2) The prohibition does not apply as follows:

(1) Agency and legislative liaison by Own Employees.

(A) The prohibition on the use of appropriated funds, Inparagraph (1) of this section, does not apply in the case of a payment ofreasonable compensation made to an officer or employee of a person requestingor receiving a Federal contract if the payment is for agency and legislativeliaison activities not directly related to a covered Federal action.

(B) For purposes of paragraph (A) of this section, providing anyinformation specifically requested by an agency or Congress is allowable atany time.

(C) For purposes of paragraph (A) of this section, the followingagency and legislative liaison activities are allowable at any time only wherethey are not related to a specific solicitation for any covered Federalaction:

(i) Discussing with an agency (including indiVidualdemonstrations) the qualities and characteristics of the person's products orservices, conditions or terms of sale, and .~ervice capabilities; and,

(ii) Technical discussions and other activities regardingthe application or adaptation of the person's products or services for anagency's use.

(0) For purposes of paragraph (A) of this section, the followingagency and legislative liaison activities are allowable only where they areprior to formal solicitation of any covered Federal action:

(i) Providing any information not specifically requestedbut necessary for an agency to make an informed decision about initiation of acovered Federal action;

(1i) Technical discuss10ns regarding the preparat10n of anunsolicited proposal prior to 1ts official subm1ss1on; and,

(iii) Capab11ity presentations by persons seeking awardsfrom an agency pursuant to the provisions of the Small Business Act, asamended by Public Law 95-507 and other SUbsequent amendments.

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NOVEMBER TERM 1999

(E) only those activities expressly authorized by paragraph (1)of this section are allowable under paragraph (i).

(i1) Professional and technical services by ownEmployees.

(A) The prohibition on the use of appropriated funds, inparagraph (1) of this section, does not apply in the case of a payment ofreasonable compensation made to an officer or employee of a person requestingor receiving a Federal contract or an extension, continuation, renewal,amendment, or modification of ,a Federal contract if payment is forprofessional or technical services rendered directly in the preparation,submission, or negotiation of any bid, proposal, or application for thatFederal contract or for meeting requirements imposed by or pursuant to law asa condition for receiving that Feder~l contract •.

(B) For purposes of paragraph (A) of this section, "professionaland technical services· shall be limited to advice and analysis directlyapplying any professional or technical discipline. For example, drafting ofa legal document accompanying a bid or,proposal by a lawyer is allowable.Similarly, technical advice provided by an engineer on the performance oroperational capability of a piece of-equipment rendered directly in thenegotiation of a contract is allowable. However, communications with theintent to influence made by a professional (such as a licensed lawyer) or atechnical person (such as a licensed accountant) are not allowable under thissection unless they provide advice and analysis directly applying theirprofessional or technical expertise and unless the advice or analysis isrendered directly and solely in the preparation, submission or negotiation ofa covered Federal action. ThUS, for example, communications with the intentto influence made by a lawyer that do not provide legal advice or analysisdirectly and solely related to the legal aspects ~f his or her client'sproposal, but generally advocate one proposal over another are not allowableunder this section because the lawyer is not providing professional legalservices. Similarly, communications with the intent to influence made by anengineer providing an engineering analysis prior to the preparation or'submission of a bid or proposal are not allowable under this section since theengineer is providing technical services but not directly in the preparation,submission or negotiation Df a covered Federal actiDn.

(e) Requirements imposed by or pursuant to law as a cOuditlonfor receiving a covered Federal award inclUde those required by law orregulation, or reasonably expected to be required by law or regulation, andany other requirements in the actual award documents.

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NOVEMBER TERM 1999

(D) Only those services expressly authorized by paragraph (ii)af this section are allowable under ~aragraph (ii) •

. (il1) Reporting for Own Employees.

No reporting is required with respect to payments of reasonable compensationmade to regularly employed officers or employees of a person.

(iv) Professional and technical services by other than OwnEmployees.

(A) The prohibition on the use of appropriated funds, inparagraph (1) of this section, does not apply in the case of any reasonablepayment to a person, other than an officer or employee of a person requestingor receiving a covered Federal action, if the payment is for professional ortechnical services rendered directly'in the preparation. submission, ornegotiation of any bid. proposal, of application for that Federal contract orfor meeting reqUirements imposed by or pursuant to law as a condition forreceiving .that Federal contract.

(B) For purposes of paragraph (A) of this section, ·professionaland technical services' shall be limited to advice and analysis directlyapplying any professional or technical discipline. For example, drafting of alegal document accompanying a bid or proposal by a lawyer is allowable.Similarly, technical advice provided by an engineer on the performance oroperational capability of a piece of equipment rendered directly in thenegot1ation of a cDntract is allowable. However, communications w1th theintent to influence made by a professional (suc~ as a licensed lawyer) or atechnlcal person (such as a licensed accountant) are not allowable under thissection unless they provide advice and analysis directly applying theirprofessional or technical expertise and unless the advice or analysis isrendered directly and solely in the preparation, submission or negotiation ofa covered Federal action. ThUS, for example, communicatiDns with the 'intentto influence made by a lawyer that do not provide legal advice Dr analysisdirectly and solely related. to the legal aspects of ~Is or her client'sproposal, but generally advocate one proposal over another are not allowableunder this sectlon because the lawyer ls not providing professional legalservlces. Similarly, communications With the lntent to influence made by anengineer providing an engineering analysis prlor to the preparation orsubmisslon Df a bid or proposal are not allowable under this section since theenglneer is prDviding technical services but not directly in the preparation,SUbmission or negotiation of a covered Federal actioh.

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(e) Requirements 1mposed by or pursuant. to law as a conditionfor receiving a covered Federal award include those required by law orregulation, or reasonably expected to be required by law or regulation, andany other requ1rements in the actual award documents.

(0) Persons other than officers or employees of a personrequesting or rece1v1ng a covered Federal action include consultant and tradeassoc1ations.

(E) Only those services expressly authorized by paragraph (iv)of this section are allowable under paragraph (iv).

(c) Disclosure.

(1) Each person who requests or receives from an agency a Federal contractshall file with that agency a certification, set forth in , that theperson has not made, and will not make; any payment prohibited by paragraph(b) of this clause.

(2) Each person who requests or receives from an agency a Federal contractshall file with that agency a disclosure form, Standard Form-LLL, "Disclosureof Lobbyi ng Acti viti es, II if such person has made or has ag reed to make anypayment using nonappropriate funds (to include profits from any coveredFederal action). Which would be proh1b1ted under paragraph (b) of this clauseif paid for With appropriate funds.

(3) Each person shall file a disclosure form at the end of each calendarquarter in which there occurs any event that requires disclosure or thatmaterially affects the accuracy of the information contained in any disclosureform previously filed by such person under paragraph (2) of this section. Asevent that materially affects the accuracy of the information reportedincludes:

(1) A cumulative Increase of $25,000 or more in the amount paid orexpected to be paid for influencing or attempting to influence a coveredFederal action; or

(i1) change in the person(s) or individual(s) influencing orattempting to influence a covered Federal actionj or,

(iii) A change in the officer(s), employee(s), or Member(s) contactedto influence or attempt to influence a covered Federal action.

(4) Any person who requests or receives from a person referred to inparagraph (1) of this section a subcontract exceeding $100,000 at any tierunder a Federal contract shall file a certification, and a disclosure form, ifrequired, to the next tier above.

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528MINUTE BOOK


NOVEMBER TERM 1999

(5) All disclosure forms, but not cert1f1cations, shall be forwarded fromtier to t1er until received by the person referred to in paragraph (1) of th1ssection. That person shall forward all disclosure forms to the agency.

(d) Agreement. In accepting any contract resulting from this solicitation, theperson ·submitting the offer agrees not to make any payment prohibited by thisclause.

(e) Penalties.

(1) Any person who makes an expenditure prohibited under paragraph (b) ofthis clause shall be SUbject to a civil penalty of not less than $10,000 andnot more than $100,000 for each such expenditure. .

(2) Any person who fails to file.or amend the disclosure form to be filedor amended if required by this Clause, shall be SUbject to a civil penalty ofnot less than $10,000 and not more than $100,000 for each such failure.

(3) Contractors may.rely without liability on the representations made bythe1r subcontractors in the certification and disclosure form.

(f) Cost allowabillty. 'Nothing in this clause Is to be interpreted to makeallowable or reasonable any costs which would be unallowable or unreasonablein accordance with Part 31 of the Federal AcqUisition RegUlation. Conversely,costs made specifically unallowable by the reqUirements in this clause willnot be made allowable under any of the provisions of Part 31 of the FederalAcquisition Regulation.

(End of Clause)

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Agreement Number 69- _State: Mi~~issippi

Project: Harrison County E'NPSite: Flat Branch North and Canal 2

UNITED STATES DEPARTh1ENT OF AGRlCULTURENATURAL RESOURCES CONSERVATION SERVICE

EMERGENCY WATERSHED PROTECTION PROGRAM

IN-KIND CONTRIBUTION ANDOPERATION AND MAINTENANCE AGREEMENT

THIS AGREEMENT, made this __day of , 199--, by and between theHarrison County Board of Supervisors called the Sponsors or Cooperators; and the NaturalResources Conservation Service, United States Department of Agriculture, called NRCS.

WITNESSETH THAT:

WHEREAS, under the provisions of the Title IV of the Agricultural Credit Act of 1978, PublicLaw 95-334, the Sponsors and NRCS agree to a plan which provides for restoration of certainworks referenced in Section A.

NOW THEREFORE, in consideration of the premises and of the several promises to be faithfullyperformed by the parties hereto as set forth, the Sponsors and NRCS do hereby agree as follows:

A. IT IS AGREED that the following described work is to be constructed at a totalestimated cost of$95,000.00.

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EWP Project Estimated Cost

Flal Branch N & Canal 2 $95,000.00

Type of Repair

Clearing of Debris

530

MINUTE BOOK.BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

NOVEMBER TERM 1999

B. THE SPONSORS WilL:

1. Contract for construction of the works of irnpwvement described in Section A

2. Provide In-Kind contribution of design, construction, inspection, and contractadministration equal to 20 percent of the estimated cost of construction for the workdescribed in Section A.

3. Provide 5 per cent of the cost of constructing the works of improvement described inSection A. The estimated cost to the Sponsor is 4.750.00.

4. Accept all financial and other responsibility for excess costs resulting from their failure toobtain or their delay in obtaining adequate land and water rights, permits, and licensesneeded for the work described in Section A.

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6.

lfapplicable, complete the attached "Clean Air and Water Certification" and comply withthe attached "Clean Air and Water Clause."

Ifneeded, upon completion of emergency protection measures and the elimination of thethreat, take action to bring the measures up to reasonable standards by other means and/orauthority. Unless the measures are brought up to reasonable standards, the sponsors willnot be eligible for future funding under the Emergency Watershed Protection Program.

J

7. Accept responsibility for the operation and maintenance ofworks described in Section A.

8. Ensure that all contracts for design and construction services will be procured inaccordance with procedures prescribed in the Code of Mississippi applicable to theSponsor.

9. Administer their action under this agreement in accordance with 7CFR 3015, 7CFR 3016,OMB Circulars A-102, A-87, A-128, and other rules referenced in 7CFR 3015.

10. Comply with Federal Executive Order 11246, which is made a part of this agreement byAttachment B; comply with thc nDndiscrimination provisions of the Equal Opportur.ityClause and the Notice to Contracting Local Organizations ofRequirement forCertifications of Non-segregated Facilities clause attached hereto.

1 j Comply \\~th Drug-Free Work.1llace requirements described in Attachment A.

12. Prepare a design, construction plans, and construction specifications in accordance withstandard engineering principles. The construction plans shall be reviewed and approvedby a professional engineer registered in the State of Mississippi. J

13. Require that a professional engineer registered in the State ofMississippi certify that theproject was installed in accordance with the plans and specifications.

14. Ensure that any special requirements for compliance with environmental and/or culturalresource laws are incorporated into the project.

I


NOVEMBER TERM 1999

15. Invoice the NRCS monthly by submission ofa properly documented SF-270. Properdocumentation mcludes but is not limited to job diaries, quantity computations forexcavation and ea.T1:h-fill, s'Jrvey data, cross-sections, weight tickets, photographs of theproject, results of concrete tests, material certifications and any other relevantdocumentation bearing on the project.

C. NRCS WilL:

531

1.

2.

I 3.

4.

5.

~D.

I.

2.

3.

4.

I 5.

Provide 95 percent of the cost of constructing the works of improvement described inSection A. The cost will be based on the Sponsor's design engineer construction costestimate or the actual construction contract cost whichever is less. The estimated cost toNRCS is $90.250.00.

Review and concur with the Sponsor's design engineer construction cost estimate andconstruction drawings prior to the procurement of a construction contract.

Not be substantially involved with the technical or contractual administration of thisagreement but will provide advice and counsel as needed.

Pay the Sponsor monthly pursuant to this agreement with request submitted on a properlydocumented Standard Form 270.

Upon notification of the completion of construction, NRCS shall promptly review theperformance of Sponsor to determine ifit has met the requirements of this agreement andfund expenditures as agreed.

IT IS MUTUALLY AGREED:

That the costs incurred by the sponsor for surveys, design, inspection, and contractadministration will be equal to 20 percent ofthe estimated construction cost.

That a pre-design conference will be conducted and the conceptual design concurred inbetween the Sponsor and NRCS before any work proceeds under this agreement.

This agreement shall become nu]] and void 90 calendar days after the date NRCS hasexecuted this agreement if a contract has not been awarded.

This agreement shall be effective on the date appearing in the first paragraph and shallcontinue in effect until the purpose of the agreement has been fulfilled.

The furnishing of financial and other assistance by NRCS is contingent on the availabilityof funds appropriated by Congress from which payment may be made and shall notobligate NRCS upon failure of the Congress to appropriate funds.

6. NRCS may terminate this agreement in whole or in part when it is determined by NRCSthat the Sponsors have failed to comply with any of the conditions of this agreement. TheNRCS shall promptly notiry the Sponsors in writing of the determination and reasons for

532


NOVEMBER TERM 1999

the termination, together 'with the effective date. Payments or recoveries made by NRCSunder thjs termination shall be in accord with tht: legal rights and liabilities ofNRCS andthe Sponsor~

7. This agreement may be temporarily suspended by 1\TRCS ifit determines that correctiveaction by the Sponsors is needed to meet the provisions of this agreement. Further,NRCS may suspend this agreement when it is evident that a termination is pending.

J

8. The program or activities conducted under this agreement will be in compliance with thenondiscrimination provisions contained in the Titles VI and VII of the Civil Rights .Restoration Act of 1987 (Public Law 100-259); and other nondiscrimination statutes;namely, Section 504 of the Rehabilitation Act of 1973, Title IX ofthe EducationAmendments of 1972, and the Age Discrimination Act of 1975. They will also be inaccordance with the regulations of the Secretary of Agriculture (7CFR-15, Subparts A &B), which provide that no person in the United States shaJJ on the grounds ofrace, color,national origin, age, sex, religion, marital status, or handicap be excluded fromparticipation in, be denied the benefits of, or be otherwise subjected to discriminationunder any program or activity receiving federal financial assistance from the Departmentof Agriculture or any agency thereof. J

9. The NRCS will not be obligated to contribute funds under any agreement commitmentmade by the Sponsor to third parties without prior written concurrence ofNRCS.

10. The contract for constructing the work described in Section A will not be awarded to theSponsor or to any firm in which any Sponsor official or any member of such official'simmediate family has direct or indirect interest in the pecu,,iary profits or contracts of suchfirms.

1I. This agreement may be revised by amendment and agreed to by the parties in ",'fiting. Itmay be terminated by either party upon 30 days written notice by authorized officials ofeither party.

E. APPROVED:

Harrison Countv Board of Supen'isors(Nanlt of Sponsor)By: _

Title: _

Date: _UJ\'1TFD STATES DEPART!vfENT OF AGRICULTURENATURAL RESOURCES CONSERVATION SERVICE

By: _

Title: State ConservationistDate: _

This action is authorizedat an official meeting ofthe day of

at _

Attest

J


NOVEMBER TERM 1999

I:'~

Agreement Number 69- _State: MississigpiProject: Hanison County EWPSite: Flat Branch North and Canal 2

UNITED STATES DEPART.tvfENT OF AGRICULTURENATURAL RESOURCES CONSERVATION SERVICE

EMERGENCY WATERSHED PROTECTION PROGRAM

IN-KIND CONTRIBUTION ANDOPERATION AND MAINTENANCE AGREEMENT

THIS AGREEMENT, made this __day of , 199--> by and between theHarrison County Board of Supervisors called the Sponsors or Cooperators; and the NaturalResources Conservation Service, United States Department ofAgriculture, called NRCS.

I WITNESSETH THAT:

WHEREAS, under the provisions of the Title IV of the Agricultural Credit Act of 1978, PublicLaw 95-334, the Sponsors and NRCS agree to a plan which provides for restoration of certainworks referenced in Section A.

NOW THEREFORE, in consideration of the premises and of the several promises to be faithfuHyperformed by the parties hereto as set forth, the Sponsors and NRCS do hereby agree as foHows:

~ A. IT IS AGREED that the following described work is to be constructed at a totalestimated cost of$95,000.00.

533

I

EWP Project Estimated Cost

Flat Branch N & Canal 2 !!!..$9,,-:S:....;.O~O~O,-".O~O _

Type ofRepair

Clearing of Debris

534


NOVEMBER TERM 1999

B. THE SPONSORS WILL:

1. Contract for construction of the workS of improvement described in Section A

2. Provide In-Kind contribution of design, constructio~ inspection, and contractadministration equal to 20 percent of the estimated cost of construction for the workdescribed in Section A

3. Provide 5 per cent of the cost of constructing the works of improvement described inSection A The estimated cost to the Sponsor is 4,750JiQ.

4. Accept all financial and other responsibility for excess costs resulting from their failure toobtain or their delay in obtaining adequate land and water rights, permits, and licensesneeded for the work described in Section A.

J

5.

6.

If applicable, complete the attached "Clean Air and Water Certification" and comply withthe attached "Clean Air and Water Clause."

If needed, upon completion of emergency protection measures and the elimination of thethreat, take action to bring the measures up to reasonable standards by other means and/orauthority. Unless the measures are brought up to reasonable standards, the sponsors willnot be eligible for future funding under the Emergency Watershed Protection Program.

J

7. Accept responsibility for the operation and maintenance of works described in Section A

8. tl'sure that all contracts for design and construction services will be procured inaccordance with procedures prescribed in the Code ofM:ississippi applicable to theSponsor.

9. Administer their action under this agreement in accordance v-~th 7CFR 3015, 7CFR 3016,OMB Circulars A-102, A-87, A-128, and other rules referenced in 7CFR 3015.

10. Comply with Federal Executive Order 11246, which is made a part of this agreement byAttachment B; comply with the nondiscrimination provisions of the Equal OpportunityClause and the Notice to Contracting Local Organizations of Requirement forCertifications of Non-segregated Facilities clause attached hereto.

11. Comply with Drug-Free Workplace requirements described in Attachment A.

12. Prepare a design, construction plans, and construction specifications in accordance withstandard engineering principles. The construction plans shall be reviewed and approvedby a professional engineer registered in the State of Mississippi. J

13. Require that a professional engineer registered in the State ofMississippi certify that theproject was installed in accordance with the plans and specifications.

14. Ensure that any special requirements for compliance with environmental and/or culturalresource laws are incorporated into the project.

~.

535


NOVEMBER TERM 1999

'5. Invoice the NRCS monthly by submission ofa properly documented SF-270. Properdocumentation includes but is not limited to job diaries, quantity computations forexCavation and earth-fill, surveydata, cross-sections, weight tickets, photographs of theproject, results ofcOncrete tests, material certifications and any other relevantdocumentation bearing on the project.

C. NRCS·Wll..L:

1.

2.

I 3.

4.

5.

~ D.

l.

2.

3.

4

I 5.

Provide 95 percent ofthe cost ofconstructing the works of improvement described inSection A The cost will be based on the Sponsor's design engineer construction COstestimate or the actual construction contract cost whichever is less. The estimated cost toNRCS is $90,250.00.

Review and concur with the Sponsor's design engineer construction cost estimate andconstruction drawings prior to the procurement ofa construction contract.

Not be substantially involved with the technical or contractual administration oftrusagreement but will provide advice and counsel as needed. .

Pay the Sponsor monthly pursuant to this agreement with request submitted on a properlydocumented Standard Form 270.

Upon notification ofthe completion of construction, NRCS shall promptly review theperformance of Sponsor to determine if it has met the requirements of this agreement andfund expenditures as agreed.

IT IS MUTUALLY AGREED:

That the costs incurred by the sponsor for surveys, design, inspection, and contracta~ministrationwill be equal to 20 percent of the estimated construction cost.

That a pre-design conference will be conducted and the conceptual design concurred inbetween the Sponsor and NRCS before any work proceeds under this agreement.

This agreement shall become null and void 90 calendar days after the date NRCS hasexecuted this agreement if a contract has not been awarded.

This agreement shall be effective on the date appearing in the first paragraph and shallcontinue in effect until the purpose of the agreement has been fulfilled.

The furnishing offinancial and other assistance by NRCS is contingent on the availabilityof funds appropriated by Congress from which payment may be made and shall notobligate NRCS upon failure ofthe Congress to appropriate funds.

6. NRCS may terminate this agreement in whole or in part when it is determined by NRCSthat the Sponsors have failed to comply with any of the conditions of this agreement. TheNRCS shall promptly notify the Sponsors in writing ofthe detennination and reasons for

536


NOVEMBER TERM 1999

the termination, together with the effective date. Payments or recoveries made by NRCSunder this termination shall be in accord with the legal rights and liabilities of1\TRCS andthe Sponsors. _.

7. This agreement may be temporarily suspended by NRCS ifit determines that correctiveaction by the Sponsors is needed to meet the provisions of this agreement. Further,NRCS may suspend this agreement when it is evident that a termination is pending.

J

8. The program or activities conducted under this agreement will be in compliance with thenondiscrimination provisions contained in the Titles VI and VII of the Civil RightsRestoration Act of 1987 (Public Law 100-259); and other nondiscrimination statutes;namely, Section 504 of the Rehabilitation Act of 1973, Title IX of the EducationAmendments of 1972, and the Age Discrimination Act of 1975. They will also be inaccordance with the regulations of the Secretary ofAgriculture (7CFR-15, Subparts A &B), which provide that no person in the United States shall on the grounds ofrace, color,national origin, age, sex, religion, marital status, or handicap be excluded fromparticipation in, be denied the benefits of, or be otherwise subjected to discriminationunder any program or activity receiving federal financial assistance from the Departmentof Agriculture or any agency thereof. J

9. The NRCS will not be obligated to contribute funds under any agreement commitmentmade by the Sponsor to third parties without prior written concurrence ofNRCS.

10. The contract for constructing the work described in Section A will not be awarded to theSponsor or to any firm in which any Sponsor official or any member of such official'simmediate family has direct or indirect interest in the pecuniary profits or contracts of suchfirms.

11. This agreement may be revised by amendment and agreed to by the parties in writing. Itmay be terminated by either party upon 30 days written notice by authorized officials ofeither party.

E. APPROVED:

Harrison Countv Board of Sunervisors(Name of Sponsor)By: _

Title

Date:UNlTE=DC--::SC=T:-CA-=-TE:-=-:-S-:-:CD-:-:CE=P-'-ARc::-:::"TME--NT-O:-CF-A-G-RI-C-UL-T-URE-

NATURAL RESOURCES CONSERVATION SERVICE

By _

Title: State ConservationistDate:~ _

This action is authorizedat an official meeting ofthe day of

at~~~~~~~~

Attest

J

I

537


NOVEMBER TERM 1999

The Board further HEREBY AUTHORIZES the Board President to sign the

agreement, as recommended by Bobby Knesal, County Engineer. This is a

revision to a previous agreement to allow the County Engineer's office to

design and administer the project and changes the funding from 80%/20% to

95%/5% Federal/Local.


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

~ vote with the following results:




AYE

AYE

AYE

Isupervisor WILLIAM W. MARTIN voted


AYE

AYE



the Order adopted.


I

* * *

538


NOVEMBER TERM 1999

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

for the Board to provide adequate street lighting by assuming street lights in

supervisor's voting District 2, as hereinafter listed, Whereupon Supervisor

DAVID V. LAROSA, SR. moved adoption of the following Order:

ORDER APPROVINC ASSUMPTION OF STREET LIGHTS, ASLISTED, AND ASSUMINC RESPONSIBILITY FOR ELECTRICALBILLS ON SAME

WHEREAS, the Board of Supervisors of Harrison County, Mississippi

hereby finds that the Board shall assume responsibility for street lights in the

following subdivisions located in Supervisor's voting District 2:

1) Swan Lake Estates, Phase II, Unit I (Miss. Power Co. Account NO.

3391-1I6006);

2) Swan Lake Village, Phase I (Miss. Power Co. Account No. 42341-1I6001l).

iT IS THEREFORE ORDERED BY THE BOARD OF SUPERVISORS OF HARRiSON

COUNTY, MISSISSIPPI that the Board does HEREBY APPROVE assumption of

responsibility for the above listed street lights in supervisor's voting

District 2.

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.


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

vote With the following results:

\

]

]

Supervisor BOBBY ELEUTERIUS voted





AYE

AYE

AYE

AYE

AYE

]

539 I

MINUTE BOOK~ BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

NOVEMBER TERM 1999

I The Motion having received the affirmative vote from the majority of


the Order adopted.


I

I

* * *

,

I

540


NOVEMBER TERM 1999


ORDER ACCEPTING THE PRELIMINARY PLAT OF THEWOODLANDS BUSINESS PARK, LOCATED IN SECTIONS 3 & 4TOWNSHIP 7 SOUTH, RANGE 12 WEST, SUPERVISOR'S VOTINGDISTRICT 2, AS RECOMMENDED BY BEN CLARK, CODEADMINISTRATOR, AND AUTHORIZING GARNER RUSSELL &ASSOCIATES TO REVIEW THE DRAWINCS SINCE THEPROPERTY is OWr';ED BY BOeBY KNESAL AND DANHENSARLINC


MISSISSIPPI, that the Board does HEREBY ACCEPT the preliminary plat of The

woodlands Business park, located in Sections 3 & 4 Township 7 South, Range

12 west, Supervisor's voting District 2, as recommended by Ben Clark, Code

Administrator.

The Board further HEREBY AUTHORIZES Garner Russell & Associates to

review the drawings since the property is owned by Bobby Knesal and Dan

Hensarling.

supervisor BOBBY ELEUTERIUS seconded the motion to adopt the



]

]




supervisor WILLIAM W. MARTIN voted


AYE

AYE

AYE

AYE

AYE

The Motion having received the affirmative vote from the majOrity of


the Order adopted.


*

]

I

541


NOVEMBER TERM 1999

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

ORDER REDUCING A RECENTLY PLATTED 20 FOOT WIDEDRAINAGE EASEMENT ALONG THE NORTH LINE OF LOT 1,ANASTASIA PLACE SUBDIVISION, PHASE ONE, LOCATED INSUPERVISOR'S VOTING DISTRICT 2, SECTION 17, TOWNSHIP 7SOUTH, RANCE 11 WEST, TO 15 FEET WIDE TO MATCH THEREMAINING EASEMENT, AS RECOMMENDED BY BOBBYKNESAL, COUNTY ENGINEER


MISSISSIPPI, that the Board does HEREBY REDUCE a recently platted 20 foot

wide drainage easement along the north line of Lot 1, Anastasia Place

Subdivision, Phase one, located in supervisor's voting District 2, Section 17,

Township 7 South, Range 11 west, to 1S feet wide to match the remaining

easement, as recommended by Bobby Knesal, county Engineer.


I above and foregoing Order, whereupon the president put the Question to a







AYE

AYE

AYE

AYE

AYE



the Order adopted.


I * * *

542


NOVEMBER TERM 1999


ORDER APPROVING AMENDMENT NO.1 TO THE CONSULTANTENGINEERING CONTRACT FOR PROJECT NO. DECD-0024(13)N CROSSROADS MALL ACCESS ROAD. ADDING THE DESIGN OFCOMMUNITY ROAD TO THE EXISTING PROJECT. AT NO COSTTO THE COUNTY. AND AUTHORIZING THE PRESIDENT AND'rHE CLERK OF THE BOARD TO EXECUTE SAME


MISSISSIPPI, that the Board does HEREBY APPROVE Amendment NO.1 to the

consultant engineering contract for project No. DECD-0024(13lN . Crossroads

Mall access road, adding the design of community Road to the existing

project, at no cost to the County.

The Board further HEREBY AUTHORIZES the President and the Clerk of

the Board to execute said amendment, same being as follows:

]

]

J

543MINUTE BOOK

C· BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI

NOVEMBER TERM 1999

I. '.;

~.

I

Amendment No. OneConsultant Engineering Contract

Project No. DECD.Q024(13)BCrossroads Mall Access Road

Phase Two

WHEREAS, the Harrison County Board of Supervisors desires to constructimprovements to Community Road to serve the Crossroads Regional Shopping Center, and ;

. WHEREAS, funds are now available from the Department of Economic andCommunity Development and the City of Gulfport to construct the proposed improvements,and;

WHEREAS, a Consultant Engineering Contract exists between the Harrison CountyBoard of Supervisors and A. Garner Russell and Associates, Inc. to provide engineeringservices for the design and construction of the Crossroads Mall Access Road known as ProjectNumber DECD.Q024(13)B.

", NOW, THEREFORE, it is hereby agreed that the Consultant Engineering Contract., for Project Number DECD-0024(13)B be amended as follows:

Expand the scope of work to include the construction of improvements toCommunity Road from Crossroads Regional Shopping Center to Highway 49,a distance of approximately 0.25 mile, hereafter designated as Project NumberDECD-0024(13)B, Phase Two. Improvements include grading, drainage, base,surface, cu~b and gutter, sidewalks, bridge, channel improvements and signalimprovements.

The engineering fee for Phase Two will be based on the construction cost ofPhase Two in accordance with Exhibit Three of the original ConsultantEI:gineering Contract.

II This agreement in no way modifies or changes the terms of the original Consultant

Engineering Contract of which it becomes a part, except as specifically stated herein.


NOVEMBER TERM 1999

' .. ', .

; -:"; .. ;. :, ~ :'0·" . :-.-'." :-:,:

J

Bolli parties hereto represent thai they have authority to enter into this CONTIlACT and ecnilied copy ofthe

applicable Board Order is =hcd hereto.

WItNESS this my signature in execution hereof. this the day of__,__.

BOARD OF SUPERVISORS OF CotJN1Y.MISSISSIPPI

BY:

AITEST: (Aff"" Seal)

CLERK OF THE BOARD j1_ ./ I

WItNESS this my signature in execution hereof, this the~ day of~..1..2:l'/A. Garner Russell & Associates, Inc.

AITEST:

Approved By:

Floyd A. Kirk, State Aid Engineer

James B. Heidel, Executive DirectorDepartment of Economic and Community Development

J

]

I

545


NOVEMBER TERM 1999









AYE

AYE

AYE

AYE

AYE

I


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

the Order adopted.


I

* * *

f

t

I

546


NOVEMBER TERM 1999


ORDER ACKNOWLEDCINC RECEIPT OF CHECK NUMBER 000193FROM THE D'IBERVILLE PORT COMMISSION, IN THE AMOUNTOF $22,983.40, FOR REIMBURSEMENT FOR WORKPERFORMED BY THE ROAD DEPARTMENT


MISSISSIPPI, that the Board does HEREBY ACKNOWLEDGE receipt of check

number 000193 from the D'Iberville Port Commission, in the amount of

$22,983.40, for reimbursement for work performed by the Road Department,

said check being as follows:'~"w-,


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

vote with the following reSUlts:

]

J


Supervisor LARRY BEI\lEFIELD voted




AYE

AYE

AYE

AYE

AYE


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

the Order adopted.

THIS. the 29th day of November, 1999.

J

* * *

I

I

I547


NOVEMBER TERM 1999


ORDER APPROVINC PAYMENT OF ACCIDENT RELATED CLAIMSTO ASSOCIATED ADJUSTERS, INC. FOR SERVICES RENDEREDON VARIOUS CLAIMS, AS LISTED


MISSISSIPPI, that the Board does HEREBY APPROVE payment of accident

related claims to Associated Adjusters, Inc. for services rendered on various

claims, as listed:

1) Check in the amount of $291.25 on claimant Willie Daggins.

2) Check in the amount of $179.50 on claimant Gulf Bonding.

3) Check in the amount of $390.80 on claimant Linda Ward.

4) Check in the amount of $396.54 on claimant Cynthia Stanaway.

5) Check in the amount of $96.25 on claimant Brittany Dobbs.

6) Check in the amount of $899.99 on claimant John C. Bell.

7) Check in the amount of $96.50 on claimant John Oliver III.

8l Check in the amount of $218.00 on claimant Rodney Mcinnis.

9) Check in the amount of $323.99 on claimant Joan Krista.




The Motion having received the affirmative vote from the majority ofI


Supervisor LARRY BEI\IEFIELD voted




AYE

AYE

AYE

AYE

AYE


the Order adopted.


* *

548


NOVEMBER TERM 1999


ORDER APPROVINC PAYMENT OF ACCIDENT RELA"rEDCLAIMS, AS LISTED


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

accident related claims:

1) Check made payable to claimant Catherine S. Saunders in the amount

of $172.91 for auto damage, as recommended by Safety Officer Lester

Thompson, District 5.

2) Check made payable to claimant Sue Chicarelli in the amount of

$139.48 for auto damage, as recommended by Safety Officer John venus,

District 2.




J






AYE

AYE

AYE

AYE

AYE



the Order adopted.


J* * *

I

549


NOVEMBER TERM 1999


ORDER APPROVING TRANSFER IN 'rHE AMOUNT OF$1,600,000.00 FROM THE HARRISON COUNTY WORKMAN'SCOMPENSATION FUND TO THE VARIOUS FUNDSCONTRIBUTING TO THE FUND


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

$1,600,000.00 from the Harrison County Workman's compensation Fund to

the various funds contributing to the fund. Transfer is based on a pro rata

~ share of Fiscal Year 1999 contributions by each fund.



Evote with the following results:






AYE

AYE

AYE

AYE

AYE



the Order adopted.


I* *

550


NOVEMBER TERM 1999


ORDER AUTHORIZINC REPAYMENT OF INTERFUND LOAN INTHE AMOUNT OF $55,506.00 FROM THE LOCAL LAWENFORCEMENT BLOCK CRANT FUND TO THE COUNTY PORTB & I SINKINC FUND


MISSISSIPPI, that the Board does HEREBY AUTHORIZE repayment of Interfund

Loan in the amount of $55,506.00 from the Local Law Enforcement Block

Grant Fund to the county Port B & I Sinking Fund.

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 LARRY BEI\IEFIELD voted


Supervisor WilLIAM W. MARTIN voted


AYE

AYE

AYE

AYE

AYE

]



the order adopted.


* * *

J

I

551


NOVEMBER TERM 1999

supervisor C.T. SWITZER, JR. moved adoption of the fOllowing:

ORDER AUTHORIZING THE REPAYMENT OF $496,466.32FROM THE HARRISON COUNTY WASTEWATER FUND TO THEGENERAL COUNTY BOND AND INTEREST SINKING FUND TORESTORE FUNDS ERRONEOUSLY EXPENDED FROM THESINKING FUND


MISSISSIPPI, that the Board does HEREBY AUTHORIZE the repayment of

$496,466.32 from the Harrison county wastewater Fund to the General

County Bond and Interest Sinking Fund to restore funds erroneously

~ expended from the Sinking Fund.

I

The original order directing repayment was dated July 22,1997 and

appears in Minute Book 296 pages 65-66.









AYE

AYE

AYE

AYE

AYE



the Order adopted.


I * * *

552MINUTE BOOK

BOARD OF SUPERVISORS. HARRISON COUNTY. MISSISSIPPI

NOVEMBER TERM 1999

Supervisor C.T. SWITZER, JR. moved adoption ofthe fOllowing Order:

JORDER APPROVING THE CLAIMS DOCKET, AS PER STATUTE


MISSISSiPPI that the Board does HEREBY APPROVE the claims docket, as per

statute, as follows:

CLAIM DESCRIPTION BEGINNING EI\IDINGCLAIM CLAIM

001 GENERAL COUNTY FUND 1659 1671

005 WORTHLESS CHECK DIVISION 4 4 .J121 HARRISON COUNTY FIRE DISTRICTS 64 64

125 SPECIAL REAPPRAISAL FUND 14 14

150 ROAD FUND 394 394

156 ROAD PROTECTION FUND 66 66

J160 BRIDGE AND CULVERT FUND 23 23

400 SHERIFF'S CANTEEN FUND 39 39

651 JUDICIAL ASSESSMENTS CLEARING 7 12









AYE

AYE

AYE

AYE

AYE

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.


* * *

I

I

553


NOVEMBER TERM 1999

supervisor BOBBY ELEUTERIUS moved adoption of the fOllowing:

ORDER ADJUDICATINO OVERTIME FOR THE BOOKKEEPINODEPARTMENT FOR WORK PERFORMED ON THE NOVEMBER 2,1999 ELEC'flON PAYROLL, AS LISTED


MISSISSIPPI, that the Board does HEREBY ADJUDICATE overtime for the

Bookkeeping Department for work performed on the November 2,1999

election payroll, as listed:

1. Bobbie Bentley, 3 hours;

2. Angela Blake, 2 hours;

3. Brandi Savant, 2 hours.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the








AYE

AYE

AYE

AYE

AYE

I



the Order adopted.


*f

* * I!

iI:•r,

I~riI

554


NOVEMBER TERM 1999

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

ORDER APPROVING THE ISSUANCE OF DUPLICATEWARRANTS, AS LISTED


MISSISSIPPI, that the Board does HEREBY APPROVE the issuance of duplicate

warrants to the Humane Society of south Mississippi in the amount of

$2,906.82 and to Gulf Coast Produce Distributors in the amount of $687.43,

the certificates and affidavits in support thereof being as follows:

]

]

J

I

I

555


NOVEMBER TERM 1999

CERTIFICATE AND AFFIDAVIT FOR ISSUANCE OF DUPLICATE WARRANT

THE STATE OF MISSISSIPPI. }HARRISON COUNTYJ. John McAdam,. Clerk ofll.e Chancel)' Coun alld Ex-omeio Clerk of the Board ofSupcrvi,ors alld Coun.y

Audilor ill and for said COUIII\' and Stale. do herebv cenifv Ihal............H/C...Depasit.ory.: , · :..WOlr.nt Number 6.1~16" ..ofsaid Coullly and Stale. in thesum of S 29.0.6 • .88 \\~S issued on the 1.0.th..d.,y of .,May 19.. ,9..9. paY'able lo.Humane S.oci.e.t:r: of...SQ!J.th l1s __ Jor Mcnthly Ap.p;x:op;x:iatioll.out of said Fund. as ShO\\11 by an order or allowance of said Board in Minule Book No :.. , :::11 page

Given under my halld and official seatll.is Ihe ...4,tn.... day of .NaY-ember........__ 19..9.9.

John McAdams. Chancery Clerk and E."t..officioClerk of the Bo.1rd or SuPervisors and Auditor illand for Harrison County. Mississippi

THE STATE OFCOUNTY OF

Tbis day personall)' appeared before me. the undersigned aUlhorit)' in and ror said (OUnlY :md SI:UC.Humal>a s=.i.ety of",S.outh MS the "~.ay.e.e ,.. " ,, oflhe............................................... who. beillg by lIle first dilly sworn. deposes alld "'ys Ih.1 .R/C DepositoryWarr.n' No, ,..6.14~6 p<')'nble 10 ..Human.e S.ocie.t:r: of, ..S.ol.lth MS ill.he SUIII orS 2.,.9-04.-8S by 'he Counly Deposilory of said CoulI'y alld SIMe. ror Monthly Appropriation

........................................................hns been loSllllisptilccd or destroyed: lhntpayment Lhcreof has nol been l1lildc or received: ~nd lhnl the sallie ho1s nol been transferred or assigl1\:d.

WHEREFORE. afT.ant. on behalf of said Humane ..Saciety cf Sou.tb .. MS.... .. prny,thai a duplicalc of said w:urillil be issued as i\lllhoriZ~and here " ndcrs bond conditioned as provided b) Inw

.n,,::::::::',~=:a.;\Ri' ...':!ft;~ ,m,.ROND FOR ISSUANCE OF DUPLICATE WARRANT

THE STATE OFCOUNTY OF

KNOW nil mell by these presents 11mI we H-uma-ne SOciety o.f SOuth. ..MS asprincipal nnd Pa-yee and . .as suretics. are held and (irl1l1y bound unlO tile State of Mississippi in the penal sum of Five Thousand eighth-und"ed thi-r.tean.. & .. 76./.1aO~~".~.~.~.~.~.~~.~.~.~.~.~ (S5.,.8.13 •.1.6 ) Dallal', ror Ihepayment of which well and tntl)' to be: "'<Ide. we bind ourselves. our heirs and leg::!l reprcscllt.ativcs. joinlly and severally.Cirml)' b}' these presents.

I

John McAdams. Ch:tl1ccrl Clerk lind Ex·Officio Clerk of IheBoard of Supc".. isors aniAuditor in nod for Harrison County.Mississippi

SIGNED by liS. Ihis the da)' of __ __ 19 ..THE condition oCthis Bond is such thnt. Whereas. 011 the ~.O.th .. dCly of May..... . 1999· .. the

Clerk of the ChaliceI')' Coun and E:'C.-omcio Clerk of thc Bmlrd of Supervisors of s;aid CO~ll1ly and SLnIC. issued 10 s:lid............. H/.C.. Deposi.tor.y......... ......w."alll Number .. 6.1.426.......... of .... .GeneraL .. County.Fundof ..,id Counly .lId Siale. in the 'urn ofS.. 2.,906.•.88... for .Mon.thly... l\pp-ropr.i-a.t.iem........ : alld

:WHEREAS. a duplic.1te of siud wilrral1l is 10 be issued in liell thereof: and. WHEREAS. the original warmnt h:lsnever been paid b)' the said Count)' or its Depository. and the same has nC\'cr been assigned or transferred and has nc\'crbeen disposcd of and has becn lost. misplilced or desLroyed.

;NOW, lheroor. irlhe ,aid Humane SOci.ety..-<>f SOuth MS -- ..-- .as prindpal or the sureties hereof shall well lind truly pay unto the St<ltc of Mississippi for lhe use Dud benefit of said Fundof ~id Conly tlll and auy dalllllgcs which it IU:ly susli'lin or surrcr by rc.,son of lhe issuance of a duplicate of s.,id abo\"enumbered warrant..togcther with all costs. c:-.pcnses nod anornels' fees. if ;any. ineurrcd in thc cnforccment of til is Bond.

0"_,, """" "."." 0,. 'M",,,,,,.~'~d'I IllS obllgauon sh~1I be \old. othcn\lsc.thiS Bond shall rcmam III full forcc and effect • , ( ~

. ... t.e~ .F'f11I.... J~JtIJ

. . Ok;> ~£ .S",ellIThc forcgoing bond ;l1ld suretics ;lPllfO'·cd. this "the cJa)' of .

Presidcn!. Board of Supervisors

...." Surcl~'

............ )9.....

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556


NOVEMBER TERM 1999

John McAdams. Chanccr)' Clerk and Ex-omcioClcrk Qfthc So~rd of Supcrvisors and Auditor inand for Harrison Counly • Mississippi

THE STATE OF }COUNTY OF

This day personally appcared beforc me. thc undcrsigned authority in and for said Counly and SlatcGuJ..f Coast...~r.oduce Distw."""'" thc Pa¥ee ·· .. --·· of the................................................ who. being by me firsl duly SWOrll. deposcs and says lhat R/c...l?e~o-sit-oryWarrant No..620.:q payable 10 G-u.lf Coa.s:t P.l:'od.uce ..Di6-tri.b-uto-~6 .. III tIC SUIII of$...6.8.7- .•.43 by Ihe County Dcpository of said Coullly and Slalc. for Produce................................................................................................................ __ has bccn 1051. lIlisplnl;cd or dcstroyed·. Ihatpayment thereof has nol been made or rCl;eivcd: and thaI the same has not bccn lransfcrrcd or assigncd.

WHEREFORE. affianL on behalf of said -GuJ,f...Coa.st...Prod-uce..D.is·tri-but·o-~6 .........·..... praysthat a duplicale of said warrant b'e i'ssllcci as au rized by law. and hcre~ l~ndersand condilioncd as providcd by lawfor the issuance of a duplicale Ihereof. • il t:)

....... . Affiant --Sworn (0 before me. this Ihe ......4t·h.. day of N· v·embeI.'..·~.. 19.-99- ..

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BOND FOR ISSUANCE OF DUPLICATE WARRANT

THE STATE OF }COUNTY OF

KNOW all men by thcsc prescnls that we.....G·uJ,f..·Coa.s-t .. ·P.roduce.. Dis·tr ibutor-s....... as

~::~~~~~:.I~dr~·i;~i~;;~~~~;i~:·b~~·~d~;;;~·;i;~·s;~;~·~i·~~~~~i~~i··i·;;~·i;~·~~~~·i·~;;~;·~r··~h~·;~~·~~···~'~~~';;;d ]

sev:ent.Y:::f.Q.u.:r. I!! 6.!?.l.1.Q.Q.-::.7.::-.::.:-:::-.::-:::::-.::-.:::::::-.::::::::::-::::::::- ($ ..1.,-31.4.•86 ) Dollars. for thcpayment of which well and 1mI)' 10 be made. we bind ourselvcs. our heirs and legal representatives. jointly and sevcrall)'.firmly by Ihese presenls.

SIGNED by us. this lhe ..4.th day of .lllo.v.ember. 19.. .9.9 .THE condition of this Bond is such that. WIlereas. onlhe1.6.th day of .May. 2-.:::::;;-= 19..9.9 the

Clerk of Ihe Chancery Conrl and E.~·Omcio Clerk of the Board of Supervisors of said County and Slale. issucd 10 said......H./C Depositoxy warraIII Numbcr 6.201.1 of GenexaL.Count:y Fundof said County and Stalc. in lhe sum of $ 68-7.•.4.3 for ..:p.;['.oduce : and

:WHEREAS. a duplieale of said warranl is 10 be issued in licn Ihcreof: and. WHEREAS. Ihe original warrant has '\never b~en paid by thc said County or ils Dcposilory. and the samc has nC\'er bcen assigncd or transfcrred and has never ...,bcen disposed of and has bccn losl. misplaccd or destroyed.

INOW. thereof. if the said .Gu-l.f Coast I?z;-odl.>c-e Il-istr.ibutor. __ ..as prindpal or thc sureties hcreof shall well and lrul)' pay unlo thc Slalc of Mississippi for the usc and bcnefil of said Fundof said Conly all and allY damages which il may sustain or suffer by rcason of lhe issuance of a duplicatc of said abovcnumbered warranl. logelher wi.th all costs. e1(penscs and atlorncys' fces. if any. incurred inlhc enforcemenl of Ihis Bond.as prOVided in Seelion 25-55-25 Code of MiSSISSiPPI of 1972. Annotated. then. this Obliga~ s~:a~' ~TJVOid. othem isc..

th,s Bond shall remain III full forcc and cfTec!. ......~M.b~ Pnne,pal-

.........~ ..M.~ Sllrel~ ~__ .... Surcly

Thc foregoing bond and surcties approved. this the .. da)' of.

President. Board of Supcrvisors

... 19.....

]John McAdams. Chancery Clerk and E1(-omcio Clcrk ofthcBoard of Supcrvisors and Auditor in and for Harrison COllnty.Mississippi

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557

MINUTE BOOKBOARD OF SUPERVISORS. HARRISON COUNTYr MISSISSIPPI

NOVEMBER TERM 1999









AYE

AYE

AYE

AYE

AYE

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

the Order adopted.


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558MINUTE BOOK


NOVEMBER TERM 1999


ORDER ACKNOWLEDGING RECEIPT OF AND SPREADING UPONTHE MINUTES OF THE BOARD ORDERS FROM THE STATE TAXCOMMISSION DECLARING THE QUALIFICATION OF 12040GRAND WAY BOULEVARD AND 11925 LORRAINE ROAD ASRESORT AREAS, UNDER THE PROVISIONS OF THE LOCALOPTION ALCOHOLIC BEVERAGE CONTROL LAWS, RULES, ANDREGULATIONS


MISSISSIPPI, that the Board does HEREBY ACKNOWLEDGE receipt of and

spreading upon the Minutes of the Board orders from the State Tax

Commission declaring the Qualification of 12040 Grand Way Boulevard and

11925 Lorraine Road as resort areas, under the provisions of the Local Option

Alcoholic Beverage Control laws, rules, and regulations, said orders being as

follows:

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559MINUTE BOOK


NOVEMBER TERM 1999

IN THE MATTER OF THE PETITIONOF ONE HUNDRED ADULT CITIZENSOF THE COUNTY OF HARRISONMISSISSIPPI FOR A CERTAIN AREA OFTHE COUNTY TO BE DECLARED A RESORT

THIS DAY this cause came for decision, and the Commission being fully advised

in the premises and finding that all administrative requirements necessary to qualify as a

resort area have been complied with, and of the opinion that a certain area hereinafter

described and located in Harrison County, Mississippi qualifies as a resort area, as set forth

in Mississippi Code Ann. § 67-1-5 (0) (1972), and Regulation No. 18 of the Local Option

Alcoholic Beverage Control Laws, Rules and Regulations;

IT IS, THEREFORE, HEREBY ORDERED AND ADJUDGED that the following

property located in Harrison County, Mississippi, more particularly described as follows:

12040 GRAND WAY BOULEVARD, SAUCIER, MISSISSIPPI

That part or the West 1/2 or the Northeast Quarter (NE 1/4) 1)1ng Westor the thread of the Big Bilo:r.i River; that part of the SoutheastQuarter(SE 114) lying West of the thread of the Big Biloxi River; theSouthwest Quarter (SW 1/4); the West 1/2 of the Nortbwest Quarter(NW 114); that part oftbe Nortbeast Quarter (NE 1/4) ofthe NortbwestQuaMer(NW 1/4) iying Westoftbe tbread oftbe Big Biloxi River; andtbe Soutbeast Quarter (SE 1/4) or tbe Nortbwest Quarter (NW 114),Section 14, Townsbip 6 Soutb, Range 11 West.

AND ALSO:

All of Section 15, Townsbip 6 Soutb, Range 11 West, except tbeSoutbw~st Quarter (SW 114) or tbe Soutbwest QuaMer (SW 1/4).

AND ALSO;

West 1/2; West 1/2 orEast 1/2; and tbat part oftbe East 1/2 ofEast 1/2lying West ortbe tbread oftbe Big Biloxi River, Section 23, Townsbip6 Snutb, Range 11 West.

AND ALSO:

Tbat paM or tbe West 1/2 nf tbe Soutbwest Quarter (SW 1/4) or tbeNortbwest Quarter (NW 1/4) lying West orlbe tbread ortbe Big BiloxiRiver; and tbat part oftbe Soutbwest Quarter (SW 114) lying West andSoutb or tbe Big Bilo:r.i River, Section 24, Townsbip 6 Soutb, Range 11West.

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560


NOVEMBER TERM 1999

be, and the same hereby is, declared to be a qualified resort area under the provisions of the

Local Option Alcoholic Beverage Control Laws, Rules and Regulations of the State of

Mississippi.

SO ORDERED AND ADJUDGED this the 22nd day of September, 1999.

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CHAIRMAN

NOT PRESENT

ASSOCIATE COMMISSIONER


ATrEST:

COMMISSION SECRETARY

'".-'",-","

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NOVEMBER TERM 1999

INTHE MATIEROFTHEPETITIONOF ONE HUNDRED ADULT CITIZENSOF THE COUNTY OF HARRISONMISSISSIPPI FOR A CERTAIN AREA OFTHE COUNTY TO BE DECLARED A RESORT

561

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THIS DAY this cause came for decision, and the Commission being fully advised

in the premises and finding that all administrative requirements necessary to qualify as a

resort area have been complied with, and of the opinion that a certain area hereinafter

described and located in Harrison County, Mississippi qualifies as a resort area, as set forth

in Mississippi Code Ann. § 67-1-5 (0) (1972), and Regulation No. 18 of the Loeal Option

Alcoholic Beverage Control Laws, Rules and Regulations;

IT IS, THEREFORE, HEREBY ORDERED AND ADJUDGED that the following

property located in Harrison County, Mississippi, more particularly described as follows:

11925 LORRAINE ROAD, HARRISON COUNTY, MISSISSIPPI

Lot 2 in Biloxi River Fishing Camp Addition, as per map or platthereof on liIe and of record in the office of the Chancery Clerk ofHarrison County Mississippi, including all umprovements tberon

be, and the same hereby is, declared to be a qualified resort area under the provisions of the

Local Option Alcoholic Beverage Control Laws, Rules and Regulations of the State of

Mississippi.

562


NOVEMBER TERM 1999

SO ORDERED AND ADJUDGED this th.e 22nd~mbe:,19V

. ~~

CHAIRMAN

NOT PRESENT

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ATTEST:

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NOVEMBER TERM 1999

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



the Order adopted.








AYE

AYE

AYE

AYE

AYE

ITHIS, the 29th day of November, 1999.

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NOVEMBER TERM 1999

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

ORDER APPROVING REDEMPTION FOR ERRONEOUS TAXSALES, AS LISTED


MISSISSIPPI, that the Board does HEREBY APPROVE redemption for erroneous

tax sales, as listed:

1. $473.24 for parcel no. 0309-13-004.004 (redemption in assessmentl.

2. $104.51 for parcel nO.0701M-01-002.000 (computer failed to pick up

1.5 chargel.

3. $35.46 for parcel no. 7111-02-026.000 (computer failed to piCk up tax

purchaser interestl.



vote with the fOllowing reSUlts:

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AYE

AYE

AYE

AYE

AYE



the Order adopted.


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565


NOVEMBER TERM 1999


ORDER APPROVING PAYMENT OF CLAIMS, AS LISTED


MISSISSIPPI, that the Board does HEREBY approve payment of claims, as listed:

1. 55,212.82 to the order of Dukes, Dukes, Keating & Faneca, P.A. for

legal services regarding the LOng Beach water Management Claims Docket.

2. 5200.00 to the order of Stewart Sneed Hewes, Inc. for Commissioners

Bonds on Skinner and Wren for the Long Beach water Management District.

3. 5312.50 to the order of The Gillespie Law Firm for services rendered

on the west Harrison water and Sewer District.

4. $1,059.91 to the order of Brown & Mitchell, Inc. for invoice no. 9490

for Harrison County Beach Maintenance project, Phase 5.





Supervisor LARRY BEI\IEFIELD voted




AYE

AYE

AYE

AYE

AYE



the Order adopted.


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566


NOVEMBER TERM 1999


ORDER APPROVINC PAYMENT OF TORT CLAIMS, AS LISTED


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

tort claims:

1. Dukes, Dukes, Keating &Faneca, in the amount of 58,170.73 for

Invoice No. 19591, final statement in the matter of Landrum, deceased.

2. Dukes, Dukes, Keating & Faneca, P.A., in the amount of 5281.82 for

final statement in the matter of parker vs Harrison County Detention Center,

Invoice No. 99-18957.




J

Jsupervisor BOBBY ELEUTERIUS voted





AYE

AYE

AYE

AYE

AYE



the Order adopted.


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567


NOVEMBER TERM 1999


ORDER APPROVINC ASSIGNMENT OF LEASE FOR 16THSECTION LAND BETWEEN RETAIL MANACEMENT, L.L.C. ANDBANCORP SOUTH BANK, AND AUTHORIZINC THE BOARDPRESIDENT TO EXECUTE SAME


MISSISSIPPI, that the Board does HEREBY APPROVE assignment of lease for

16th Section land between Retail Management, L.L.C. and Bancorp South

Bank.

The Board further HEREBY AUTHORIZES the Board President to execute

said lease assignment, same being as follows:

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568


NOVEMBER TERM 1999

STATE OF MISSISSIPPICOUNTY OF HARRISON

ASSIGNMENT OF LEASE

This agreement made and entered into this day by and between RETAILMANAGEMENT, L.L.C., A MISSISSIPPI LIMITED LIABILITY COMPANY, ANDMICHAEL W. RYAN, Individually, hereinafter referred to as " RETAilMANAGEMENT, L.L.C.", and BancorpSouth Bank, a banking corporation, hereinafterreferred to as "Bank".

WITNESSETH:

Whereas, RETAlL MANAGEMENT, L.L.C. is the Lessee under a certain LeaseAgreement dated August 9, 1999 between the Board ofEducation of The HarrisonCounty School District Mississippi, a body politic, as Lessor, and Retail Management, L.L.C., as Lessee, recorded in Book , Page of the Deed Records of the First JudicialDistrict, Harrison County, Mississippi, in the City ofGulfport, First Judicial District,Harrison County, Mississippi. and

Whereas, Retail Management, L.L.C. desires to borrow monies necessary forimprovements and additions to leased premises, to assign said Lease to the Bank asCollateral security therefore.

Now, therefore, in consideration of the premises, the sum orOne Dollar ($1.00), cash inhand paid, and other good and valuable consideration, and in order to secure the paymentof the indebtedness due from Retail Management, L.L.C. to Bank, including principal,interest, costs and charges that may become due thereon, or may be incurred in connectionwith the collection thereof, and to secure the payment of any and all additional advanceswhich may be made by said Bank to Retail Management, L.L.C. during the term hereof;Retail Management, L.L.C. does hereby assign, transfer, set over and deliver, on the termsand conditions hereinafter set out, unto the said BancorpSouth Bank, its successors and/orassigns, all ofRetail Management, L.L.C. right, title and interest in and to that certainLease Agreement dated August 9, 1999, above referred, as amended.

This Assignment is made upon the following terms and conditions:

1. That so long as the indebtedness referred to above, including any and all renewals andextensions thereof, and any other indebtedness due from Retail Management, L.L.C. toBank shall be current that Retail Management, L.L.C. shall have the use and control of thepremises covered by said Lease.

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569


NOVEMBER TERM 1999

2. That Retail Management, L.L.C. shall pay as and when due all rental payments andother amounts required to be paid under the terms and conditions of said LeaseAgreement.

3. That during the period hereof Retail Management, L.L.C. shall be at liberty to conductits business in the leased premises in such manner as Retail Management, L.L.C. in its solediscretion shall deem proper.

4. This Assignment shall terminate when the indebtedness due from Retail Management,L.L.C. to the Bank, together with all interest, costs and charges accruing in connectiontherewith, has been duly paid and satisfied: and the Bank will upon demand ofand at theexpense ofRetail Management, L.L.C. execute and deliver such instrument of release,cancellation, or reassignment as may be necessary or appropriate.

5. It is specifically understood that in the event Retail Management, L.L.C. shall default inthe terms and conditions hereof: the Bank may at its election give notice in writing toRetail Management, L.L.C. setting out the default, and Retail Management, L.L.C. shallhave thirty (30) days from the date ofdelivery or mailing of such notice in which tocorrect such default, and upon failure ofRetail Management, L.L.C. to correct said defaultwithin the time allowed, the Bank shall be entitled to immediate possession and control ofthe premises.

6. It is further understood and agreed that the failure of the Bank to give any notice inconnection with any default hereunder shall not constitute a waiver of the Bank's right togive notice in the event the default continues, or in the event of any subsequent defaulthereunder.

7. It is further understood that the Bank shall not be in any way liable or responsible forthe payment of the monthly rents and/or other amounts which may come due the Board ofEducation of The Harrison County School District Mississippi under the terms andconditions of said Lease Agreement unless and until the Bank shall have exercised its rightfor possession after default as hereinabove provided for.

WITNESS THE SIGNATURE AND SEAL ofRetail Management, L.L.C. by its dulyauthorized officers this the 24th day of August, 1999.

RETAIL MANAGE11ENT, L.L.C.A MISSISSIPPI LIMITED LIABILITYCOMPANY

..-:Z--7 .,/'".:/ ,6_BY: ............~.,<"".."...~ c: /p-MICHAEL W. RYAN, MANAGINGMEMBER

." ./,/,./". /7 .t1 l'BY: ~0A,'aC../# ~.:.:z-~~w~...d

. . E/9' ..... ---/'.' ??

570

MINUTE BOOKBOARD OF SUPERVISORS, HARRISON COUNTYJ MISSISSIPPI

NOVEMBER TERM 1999

My Commission Expires:

CONSENT FOR ASSIGNMENT

The undersigned, on behalfof the Board ofEducation of The Harrison CountySchool District Mississippi, a body politic, acting by and through their duly authorizedofficer, being the Lessor in that certain Lease Agreement dated August 9, 1999, recordedin Book , Page , ofthe Deeds Records, First Judicial District, Harrison County,Mississippi, as referred to in the foregoing assignment, does hereby consent to theassignment of said lease by Retail Management, L.L.C. to BancorpSouth Bank, forcollateral to secure the loan referred to in the foregoing Assignment ofLease.

WITNESS the signature of the Board ofEducation of The Harrison CountySchool District Mississippi, this the 21th E1dJ at ,\tIgl:Ist, 1999.

8 ih ~ D'f lI1ove.rnbQl", \qqq.Board of Education ofthe Harrison County School District Mississippi,

~'·'·BY.~~

The undersigned, on behalfof the Board of Supervisors ofHarrison CountyMississippi, a body politic, acting by and through their duly authorized officer, being theLessor in that certain Lease Agreement dated August 9, 1999, recorded in BookPage , of the Deeds Records, First Judicial District, Harrison County, Mississippi, asreferred to in the foregoing assignment, does hereby consent to the assignment of saidlease by Retail Management, L.L.C. to BancorpSouth Bank, for collateral to secure theloan referred to in the foregoing Assignment ofLease.

WITNESS the signature of the Board of Supervisors ofHarrison County,Mississippi, this the 24th 8e)' eE • "S".t, 1999

Board of Supervisors of Harrison County, Mississippi

BY: _

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571


NOVEMBER TERM 1999

MICHAEL W. RYAN,INDIVIDUALLY


PERSONALLY appeared before me, the undersigned authority in and for the saidcounty and state, within my jurisdiction, the within named Michael W. Ryan, whoacknowledged that he is the Managing Member ofRetail Management, L.L.C., aMississippi Limited Liability Company, and that for and on behalf of said RetailManagement, L.L.C. and as its act and deed, he executed, the above and foregoinginstrument, after first having been duly authorized by said Retail Management,L.L.C. so todo.

WITNESS my signature, this the 24th day of August, 1999.

A)~L·~NOTARY PUBLIC

My Commission Expires:",y Commission Exoires Julv 26, 200?


PERSONALLY appeared before me, the undersigned authority in and for the stateand county aforesaid, the within named Michael W. Ryan, who acknowledged that hesigned and delivered the foregoing Assigrunent of Lease on the day and year thereinmentioned.

.:.; (:nmmission Exoires July 26, 2002

572


NOVEMBER TERM 1999

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



the Order adopted.


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573


NOVEMBER TERM 1999

Supervisor WILLIAM W. MARTIN moved adoption of the following

Order:

ORDER REQUESTINC THE HARRISON COUNTY TOURISMCOMMISSION TO ADVERTISE COUNTY RESOURCES. AS LISTED


MISSISSIPPI, that the Board does HEREBY REQUEST the Harrison County Tourism

Commission to advertise county resources, as follows:

1. $200.00 for a fUll page ad in the annual Mississippi Gulf Coast Legal

~ Directory;

2. $75.00 for cover ad in souvenir booklet for Bike-A-Thon sponsored

by the west Gulfport Civic Club;

3. $100.00 for full page ad in the souvenir book honoring Marvin

Dickey, Sr. for 40 years of services;

4. $300.00 for fUll page ad in the MisSissippi Association of supervisors'

magazine, legiSlative issue.

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




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






the Order adopted.


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AYE

AYE

AYE

AYE

AYE

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574


NOVEMBER TERM 1999

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

for the Board to provide adequate street lighting by assuming street lights.

as listed, located in supervisor's voting District 2, whereupon Supervisor

WILLIAM W. MARTIN moved adoption of the following Order:

ORDER APPROVINC ASSUMPTION OF STREET L1CHTS AT 15404RUSSELL ROAD AND 20096 NELL ROAD, LOCATED IN SUPERVISOR'SVOTINC DISTRICT 2, AND ASSUMINC THE RESPONSIBILITY FORELECTRICAL BILLS ON SAME

WHEREAS. the Board of Supervisors of Harrison County, Mississippi

hereby finds that the Board shall install street lights at the following

locations:

1. 15404 Russell Road, located in Supervisor's Voting District 2;

2. 20096 Nell Road, located in Supervisor's voting District 2;

all being located in Harrison County, Mississippi. and assume responsibility for

electrical bills on same. It is. therefore,

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY. MISSISSIPPI

that the Board does HEREBY APPROVE assumption of street lights in Harrison

county, Mississippi, as follows:

1. 15404 Russell Road. located in Supervisor's voting District 2;

2. 20096 Nell Road, located in Supervisor's voting District 2;

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J

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 t~lis date. for the above street lights.

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

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


575


NOVEMBER TERM 1999

I supervisor BOBBY ELEUTERIUS voted AYE

Supervisor LARRY BENEFIELD voted AYE

Supervisor DAVID V. LAROSA, SR. voted AYE

supervisor WILLIAM W. MARTIN voted AYE

Supervisor C.T. SWITZER, JR. voted AYE


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

the Order adopted.


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tIf

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57G


NOVEMBER TERM 1999

Supervisor WILLIAM W. MARTIN moved adoption of the following:

ORDER APPROVINC THE EMPLOYMENT OF MORAN SEYMOUR& ASSOCIATES TO DESICN PLANS FOR THE CONCESSIONSTAND AT THE AMOS CROUTCH AND HANNA KNOX BALLFIELDS


MISSISSIPPI, that the Board does HEREBY APPROVE the employment of Moran

seymour & Associates to design plans for the concession stand at the Amos

Croutch and Hanna Knox ball fields.


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


J


supervisor LARRY BEI\IEFIELD voted




AYE

AYE

AYE

AYE

AYE

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the Order adopted.


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577


NOVEMBER TERM 1999

Supervisor WILLIAM W. MARTIN moved adoption of the following:

ORDER DENYINC THE REQUEST OF TONI JO DlAZ, ELECTIONCOMMISSIONER, TO ATTEND THE 2000 SOUTHERNREPUBLICAN LEADERSHIP CONFERENCE IN LOUISVILLE,KENTUCKY


MISSISSIPPI, that the Board does HEREBY DENY the request of Toni JO Diaz,

Election Commissioner, to attend the 2000 Southern Republican Leadership

conference in Louisville, Kentucky.









AYE

AYE

AYE

AYE

AYE


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

the Order adopted.


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578


NOVEMBER TERM 1999

Mr. Hayes Bolton appeared before the Board to request the Board to

allow him to maintain in place the platform on which his concession

stand is located, since the secretary of state has no objection to this

situation; whereupon Supervisor C.T. SWITZER, JR. moved adoption of the

following:

ORDER EXTENDING THE GRACE PERIOD TO REMOVE ANYPERMANENT STRUCTURE ON THE SAND BEACH BY ANADDITIONAL THIRTY (30) DAYS


MISSISSIPPI, that the Board does HEREBY EXTEND the grace period to remove

any permanent structure on the sand beach by an additional thirty (30l days.


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


J

]Supervisor BOBBY ELEUTERIUS voted





AYE

AYE

AYE

AYE

AYE


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

the Order adopted.


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I

579MINUTE BOOK


NOVEMBER TERM 1999

supervisor BOBBY ELEUTERIUS moved adoption of the following:

ORDER APPROVINC THE PURCHASE OF AN IBM MAP PRINTERFROM LOWNDES COUNTY, MISSISSIPPI, AT A COST OF$100.00, PAYABLE FROM THE MAPPING DEPARTMENTBUDCET


MISSISSIPPI, that the Board does HEREBY APPROVE the purchase of an IBM map

printer from Lowndes County, Mississippi, at a cost of $100.00, payable from

the mapping department budget.


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

with the following reSUlts:

Supervisor BOBBY ELEUTERIUS voted AYE

ESupervisor LARRY BENEFIELD voted AYE

Supervisor DAVID V. LAROSA, SR. voted AYE

Supervisor WILLIAM W. MARTIN voted AYE

Supervisor C.T. SWITZER, JR. voted AYE


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

the Order adopted.


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580


NOVEMBER TERM 1999


ENTER Closed Session to discuss whether or not to enter Executive

Session to discuss the following items:

1. Industrial Development project; taking of land by eminent domain.

2. personnel matters with the County Administrator.

3. pending litigation.

The Board voted unanimously to enter Executive Session.

ALL ORDERED AND DONE, this the 29tn day of November, 1999.

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* * *

supervisor WILLIAM W. MARTIN moved and Supervisor DAVID V.

LAROSA, SR. seconded adoption of the following:

ENTER Executive Session.

The Board voted unanimously to enter Executive Session.

ALL ORDERED AND DONE, this the 29th day of November, 1999.

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Supervisor BOBBY ELEUTERIUS moved and Supervisor WILLIAM W.

MARTIN seconded adoption of the following:

RECOI\IVENE from Executive Session. The Board Attorney reported that

the Board received an update on an industrial development project,

personnel matters and pending litigation. No action was taken.

The Board voted unanimously to reconvene from Executive Session.

ALL ORDERED AND DONE, this the 29th day of November, 1999.

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581


NOVEMBER TERM 1999

I supervisor DAVID V. LAROSA, SR. moved adoption of the following:

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

with the following results:

ORDER DENYINC THE EMPLOYMENT OF ALBERT NECAISE TOREPRESENT THE SHERIFF'S DEPAR'rMENT DEPUTIES IN SUITSTYLED UNITED STATES OF AMERICA, UNITED STATESDEPARTMENT OF JUSTICE VS HARRISON COUNTY DEPUTY BRUCEG. CARVER, SR., HARRISON COUNTY DEPUTY EDMUND J. HUGUET,SR" ROY KIAHNELL SMITH AND JIMMY W. MCKAY


MISSISSIPPI, that the Board does HEREBY DENY the employment of Albert

~ Necaise to represent the Sheriff's Department deputies in suit styled United

States of America, United States Department of Justice vs Harrison County

Deputy Bruce G. carver, Sr., Harrison County Deputy Edmund J. Huguet, sr.,

Roy Kiahnell Smith and Jimmy W. McKay.

Supervisor C.T. SWITZER, JR. seconded the motion to adopt the aboveISupervisor BOBBY ELEUTERIUS voted AYE



AYE

AYE



AYE

AYE



the Order adopted.


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58:;


NOVEMBER TERM 1999


ORDER ACKNOWLEDGING RECEIPT OF AND SPREADING UPONTHE MINUTES OF THE BOARD, JUDGMENT OF DISMISSAL,CAUSE NO. 1:97CV103GR STYLED DENNA CHRISTINE WALGREN,AS ADMINISTRATRIX OF THE ESTATE OF JUSTIN RAY WALGREN,DECEASED VS JOE PRICE, SHERIFF OF HARRISON COUNTY,MISSISSIPPI AND THE HARRISON COUNTY BOARD OF SUPERVISORS


MISSISSIPPI, that the Board does HEREBY ACKNOWLEDGE receipt and spread

upon the Minutes of the Board, Judgment of Dismissal, Cause 1\10. 1:97cv103GR

styled Denna Christine Walgren, as Administratrix of the Estate of Justin Ray

walgren, Deceased vs Joe price, Sheriff of Harrison county, Mississippi and the

Harrison County Board of supervisors, said Judgment being as follows:

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583MINUTE BOOK


NOVEMBER TERM 1999

I

I, ::_.~ --:.~:.~~;-~:: 1.' -~ :'S.:'?:

. F Il_ E 0IN THE UNITED STATES DISTRICT CquF.T

FOR THE SOUTHERN DISTRICT OF ISSISSIPPI _.SOUTHERN DIVISION I i~OV - 8 lSo'j

II,

DENNA CHRISTINE WALGREN, ASADMINISTRATRIX OF THE ESTATEOF JUSTIN RAY WALGREN, DECEASED

J T I03Ln" CLERKD~PUTY

PLAINTIFF

VERSUS NO. 1:97cvl03GR

JOE PRICE, SHERIFF OF HARRISON COUNT'r.JMISSISSIPPI and the HARRISON COUNTYBOARD OF SUPERVISORS DEFENDANTS

JUDGMENT OF DISMISSAL

This cause coming this day to be heard on joint motion of the Plaintiff and Defendants to

dismiss the above styled and numbered cause with prejudice and on oral and documentary

be sustained.

IT IS, THEREFORE, ORDERED AND ADJUDGED, that the above styled and

f,t

!!I[

, 1999,

compromised and settled, further finds that the Joint Motion to Dismiss is well taken and should

evidence the Court having heard and considered same, and finding that the said cause had been

numbered cause be, and it hereby is, dismissed with p~udice,

ORDERED AND ADJUDGED this, the L day of fl~

E


NOVEMBER TERM 1999


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.

THIS, the 29th day of l\Jovember, 1999. ]

* *

The following items came on for discussion by the Board:

1. Supervisor Martin inquired about status ofthe siren and was

advised that all parts are in.

2. Supervisor Eleuterius inquired about status of implementation of

zoning in Harrison County. The County Administrator was directed to have

Gulf Regional Planning Commission give an update at the December 6, 1999

meeting.

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585


NOVEMBER TERM 1999

ORDERED THAT THE BOARD ADJOURN in the First Judicial District until

Term in Course.


RECONVENE INTO SESSION.

Supervisor DAVID V. LAROSA, SR. moved and Supervisor C.T. SWITZER,

JR. seconded adoption of the following:

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~1~'tU.)PRESIENT

* II

The Board voted unanimously, by show of hands, to reconvene into

session.

THIS the 29th day of November, 1999.

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58G


NOVEMBER TERM 1999

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

ORDER ACCEPTING THE ORAL RESIGNATION OF SUPERVISORDAVID V. LAROSA, SR. AS A MEMBER OF THE HARRISONCOUNTY WASTEWATER AND SOLID WASTE MANAGEMENTDISTRICT BOARD OF DIRECTORS, REPRESENTING HARRISONCOUNTY, EFFECTIVE NOVEMBER 29,1999


MISSISSIPPI, that the Board does HEREBY ACCEPT the oral resignation of

supervisor David V. LaRosa, Sr. as a member of the Harrison county

Wastewater and Solid Waste Management District Board of Directors,

representing Harrison County, effective November 29,1999.

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the


]







AYE

AYE

AYE

AYE

AYE

]



the Order adopted.


* * *

]

587


NOVEMBER TERM 1999

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

ORDER APPOINTING SUPERVISOR BOBBY ELEUTERIUS ASMEMBER OF THE HARRISON COUNTY WASTEWATER ANDSOLID WASTE MANACEMENT DISTRICT REPRESENTINGHARRISON COUNTY TO REPLACE SUPERVISOR DAVID LAROSA,SR. WHO TENDERED HIS RESIGNATION ON SAID BOARD


MISSISSIPPI, that the Board does HEREBY APPOINT Supervisor Bobby Eleuterius

as member of the Harrison County wastewater and Solid waste Management

District representing Harrison county to replace supervisor David LaRosa, Sr.

who tendered his resignation on said Board.



vote with the following reSUlts:

I






AYE

AYE

AYE

AYE

AYE



the Order adopted.


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588


NOVEMBER TERM 1999

ORDERED THAT THE BOARD ADJOURN in the First Judicial District of

Harrison County, Mississippi until Term in Course.


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Documents

MINUTE BOOK - Harrison County Online! Harrison …co.harrison.ms.us/downloads/agendas/minutes/1999/1999-11...MINUTE BOOK BOARD OF SUPERVISORS. HARRISON COUNTY. MISSISSIPPI NOVEMBER