minute book - Harrison County

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MINUTE BOOK 

• BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI 

FEBRUARY 2000 TERM 

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STATE OF MISSISSIPPI 

COUNTY OF HARRISON 

BE IT REMEMBERED, that a regular meeting of the Board Of Supervisors 

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

the Board of Supervisors of Harrison County, located in the First JUdiCial 

District courthouse, at GLllfport, Mississippi, on the FIRST MONDAY OF 

FEBRUARY, being February 7, 2000, the same being the time fixed by law 

and the place fixed by the Order of the Board of Supervisors of Harrison 

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county at a former meeting thereof for hOlding said meeting of said Board. 

THERE WERE PRESENT and in attendance on said Board, BObby 

Eleuterius, president of said Board, presiding; Larry Benefield; Marlin R. 

Ladner; William W. Martin; and Connie M. Rockco, members of said Board of 

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Supervisors; Tal Flurry, Tax Assessor for Harrison county, Mississippi; George H. 

Payne, Jr., Sheriff of Harrison County, Mississippi; and John MCAdams, 

Chancery Clerk and Ex-Officio Clerk of said Board. 

WHEREUPON, after the proclamation of the Sheriff, the following 

proceedings were had and done, viz: 

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BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISSIPPI 


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Mrs. Linda Gallagher appeared before the Board to thank the 

Woolmarket and Biloxi Fire Services for their prompt response to their house 

fire that occurred January 16,2000 in Woolmarket and the effective security 

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provided since by the Sheriff's Department. 

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Appearance by representatives of the Gulf Coast Symphony to discuss 

sponsorship of the Open Air Concert scheduled for May 27, 2000 was 

rescheduled for February 14,2000. 

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Mrs. Mary Lofton and Mr. Webb Lee appeared before the Board to 

enlist their support for education and enforcement of the litter laws 

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in Harrison County and the state of lVlississippi. 

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Representatives of Tri State Mapping & Appraisal service, Inc. 

appeared before the Board to give an update on the upcoming 

reappraisal schedule. Notices will be sent to the property owners at the end 

of April and informal hearings will be held at their offices prior to 

turning over the assessments to the Board. 

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Supervisor WILLIAM W. MARTIN moved adoption of the fOllowing: 

ORDER APPROVING REQUEST OF JOHN C. DAWSON, JR. FOR 

CORRECTION OF ADMINISTRATIVE ERROR OF MOBILE HOME 

TAXES PAID 

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISON COUNTY, 

MISSISSIPPI, that the Board does HEREBY APPROVE request of John c. Dawson, 

Jr. for correction of administrative error of mobile home taxes paid, as 

recommended by the Tax Assessor, which request and recommendation are 

as follows: 

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Post Office Box 674 

Ocean Springs, MS 39566 

Mr. Bobby Eleuterius, President 

Harrison County Board of Supervisors 

Post Office Drawer CC 

Gulfport, MS 39502 

RE: 

John C. Dawson, Jr. 

Attorney at Law 

1000 N. Halstead Road - Suite C 

, Ocean Springs, MS 39564 

January 27, 2000 

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Telephone: (228) 818-2721 

Toll Free: (800) 873-6861 

Facsimile: (228) 818-2730 

I~I ~ ® ~ t w ~ 1~li 

[ilLJAN 28 100] !~Ji < 

L-icl~j,,"~..- . . 

c.

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MINUTE BOOK 

BOARD OF SUPERVISORS. HARRISON COUNTY, MISSISSIPPI 


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Year 

1986 

1987 

1988 

1989 

1990 

1991 

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1992 

1993 

1994 

1995 

1996 

1997 

1998 

1999 

PARTIAL TOTALS: 

Pacemaker (#3800) 

11.47 

14.63 

lIllle 

17.19 

17.79 

17.79 

unk. 

unk. 

17.72 

16.54 

17.30 

17.84 

17.84 

18.42 

229.18 

Clayton (#3780) 

19.75 

31.55 

unk. 

32.59 

33.75 

33.75 

unk. 

unk. 

33.61 

32.25 

32.67 

34.79 

34.79 

34.79 

414.18 

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For the tax years 1985, 1988, 1992, and 1993, the total tax bill for all mobile horne units was 

paid to Harrison County but the individual amount for these two (2) units was not specifically noted 

in Tropical Mobile Horne Park records. 

I wish to appear before the Harrison County Board of Supervisors to discuss and offer a 

proposed resolution to the situation as it currently exists. One option is for Harrison County to 

refund the amounts paid in error on the 1958 Pacemaker mobile home and the 1970 Clayton mobile 

horne to Tropical Mobile Homes, Inc. and then assess the amount which is detemlined to be due for 

seventeen (17) years of taxes payable on the 1970 Sheraton mobile home and the 1962 Palace 

mobile home. Another option, which my client believes to be more a more workable solution, is for 

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the Harrison County Board of Supervisors to order the removal of the 1958 Pacemaker mobile 

home and the 1970 Clayton mobile home from the tax rolls and the immediate registration of the 

1970 Sheraton mobile home and the 1962 Palace mobile horne. Further, to order a refund of those 

anlOunts paid in error from 1983 through 1999 and for the refund to then be applied to tlle taxes 

payable for the same time period on the properly registered units. Further, that a Mobile Home Tax 

Statement for 2000 be prepared and submitted to Tropical Mobile Homes, Inc., for the newly 

registered units, which will be paid immediately upon receipt. 

If you should have any questions or comments in the interim, please contact me at your 

convenience. 

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Enclosures 

JCO/me 

John C. Dawson, Jr. 

Cc: 

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Tropical Mobile Homes, Inc.

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MINUTE BOOK 



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'.' P.O. BOX 462 . , 

au LFPORT. 'M ISSISSIPPI 39501 

..,',:" 

. NOTICE 

Under. the provisions of the Laws of the State of Mississippi 

as shown in Section 27-53-~ of the'Mississippi Code of 1972. annotated, 

" '.~:.' . ,', . ',~"'.' •.. ,"~,-.', -~;:',c,~:~· ..:.~~_·,".. ::·~,:":.~~-;::~~,·_':·::>"",: 

owners of all rnobi~e homes situated in Harrison..County' shail,'within . 

ten (·10) days of th~ n~tice', register saidmobile homes ~ith the 

Tax Assessor Office of Harrison County at the County Courthouse in 

.Gulfport. Mississippi. 

The Registrant shall at such time bring wit~ 

him such information 

..',' '.. , as name and address of owner. ie~gth: width. serial number, make and date 

;"·~'~/~curc~.ase of said mObfl~ ho~e. and' address where mobJle home is loc~ted 

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Non-resident member of the armed forces are requested to bring 

with them at. the time of registration a military exemption certificate 

. signed and attested by the,ir commanding officer. 

Willful failure to comply with this law shall result in a fine of 

twenty-five dolla~s 

($25.00) being assessed to said mobile home owner••. 

In appreciation of your cooperation in this matter. I am 

It 

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. Jim we~zel: Tax ~A~ss~e~s~so~r~~~~~E~XI!lH!i!lIB~I!I!T!iIIIII.-JI·l 

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PHONE: 864-5161 

Harrison County, Mississippi ~ 

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;1./7 0 - 0 /1 Owner - John C. Dawson 

Tropical Mobile Home Park 

01835 Pass Road 

Gulfport, MS .39501 

. 896-1028 

MAKE YEAR Y!1QTIi . LENGTH SERIAL # 

Jsafeway 1970 12 52 2968 

Gregory 1968 12 40 40-937-12 

yWo1verine 1967 12 52 067954J1.32 

1Nrookwood 1966 10 50'.• 1875 

j{;ew Moon 1970 12 44, 2655 

~ommodore 1970 12 44 2842 

~Nashua 1966 12 5° 16269 

~ebonair 1970 12 45 212451980 

astercraft 1966 12 52 6.347 

~e1mont 1969 12 45 11566 

l1eetwood 1970 12 60 S-10575 

~tar 1969 12 60 7881 

-- -in·tage 1968 ,'" " 'l:-~~c~''''~56 , ... 1471......' . 

...-star 1965 10 50 2358 

tar 1970 12 60 1318 

i~ar1ette 1964 10 52 40653 

Chaparelle 1970 12 54' 2151541270 

~tatler 1968 12 52 1876 

jBelmont 1970 12 60 14871 

Akinaire 1974 12 65 18951 

j}:leetwood 1970 12 60 3-11467 

~1eetwood 1971 12 64 5-0924 

~reat Lakes 1967 12' 57 8807 

Rampart 1969 12 60 B-24348 

!wicks 1972 12 50 0442-2 

All located at above address. 

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EXHIBIT 

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RECEIPT NO,:r",,;/' ''''YEAR~ .: NOT RESPONSIBLe FOR ~_E_~'SD~'9~tf,i.?:.,.~",~i;.";.,;?>;.~:':-'·.

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MINUTE BOOK 



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HARRiSON COUN'fY COURTHOUSE 

1801 23RD AVENUE 

DAVIDV. LAROSA,'SR., 

TAX COLLECTOR 

" HARRISON COUNTY " ' 

GULFPORT, MISSISSIPPI 39502 

February 7,2000 

P,O. BOX 1270 

(228) 865-4039 

, (228) 86$-4040 



HarrisonCo. Courthouse' 

, Gulfport, Ms 39501 

Dear Mr. EJeuterius: 

R~garding the request ofMr, Johne. Dawso~,Jr., repres~ntinginterest ofTr~pical 

Mobile Homes, Inc., d/b/a Tropical Mobile Home Park, this office has taken proper steps ' 

, to correct the oversight on two (2) mobile homes that were left on the roll and the two (2) 

mobile homes that were not on the roll. ' ' 

Calculating the taxes due and the tax'es paid, we fmd the balance of currently due or 

payable taxes should be waived. Effective immediately for the year 2000, the 1970' 

Sheraton mobile home and the 1962 Palace mobile home have been added to the mobile 

hOme roll and this now should resolve any problems with taxes on this property. 

DVL/jkr 

Sincerely, 

David V. LaRosa, Sr. 

Tax Collector 

Harrison County 

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MINUTE BOOK 



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Supervisor CONNIE M. ROCKCO seconded the motion to adopt the 

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

vote with the following results: 

Supervisor BOBBY ELEUTERIUS voted 

Supervisor LARRY BENEFIELD voted 

supervisor MARLIN R. LADNER voted 

AYE 

AYE 

AYE 

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Supervisor WILLIAM W. MARTIN voted 

AYE 

Supervisor CONNIE M. ROCKCO voted 

AYE 

The Motion having received the affirmative vote from the majority of 

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

the Order adopted. 

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THIS, the 7th day of February 2000. 

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1.4 

MINUTE BOOK 



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The following Resolution came before the Board for its consideration: 

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RESOLUTION- 

There next came on for discussion the execution of a Special Warranty Deed by 

the HARRISON COUNTY DEVELOPMENT COMMISSION, acting for and on behalf of the 

Harrison County Board of Supervisors, and the HARRiSON COUNTY BOARD OF 

SUPERVISORS, jointly acting for Harrison County, Mississippi, to August R. Gallo, Jr. and 

David R. Gallo Trust #1, et at conveying certain real property located in the First Judicial 

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District of Harrison County, Mississippi. said property being more fully described in the 

Special Warranty Deed to August R. Gallo, Jr. and David R. Gallo Trust #1, et al attached 

hereto, and after a general discussion of the subject, Commission Member Elmer Williams 

offered the adoption of the following Resolution: 

A RESOLUTION OF THE HARRISON COUNTY DEVELOPMENT COMMISSION AUTHORIZING 

THE PRESIDENT AND SECRETARY TO EXECUTE A SPECIAl WARRANTY DEED TO CONVEY 

2 ACRES (MORE OR LESS) OF CERTAIN REAl PROPERTY LOCATED IN THE BERNARD BAYOU 

INDUSTRIAL DISTRICT. FIRST JUDICiAl DISTRICTOF HARRISON COUNTY, MISSISSIPPI,TO 

AUGUST R. GAllO, JR. AND DAVID R. GAlLO TRUST #1, ET Al AND REQUESTING THE 

HARRISON COUNTY BOARD OF SUPERVISORS TO CONCUR HEREIN AND TO JOIN IN THE 

EXECUTION AND CONVEYANCE. 

BE IT RESOLVED by the Harrison County Development Commission that: 

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

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adjudicate that it would be in the public interest to sell that certain real property located 

in the Bernard Bayou Industrial District to August R. Gallo, Jr. and David R. Gallo Trust 

#1, et at for the amount of NINETY-TWO THOUSAND FIVE HUNDRED TWENTY and 

00/100 DOLLARS {$92,520.00L all of which the Harrison County Development 

Commission does find and adjudicate is a fair and reasonable price for said property; and 


adjudicate that it would be in the public interest to execute a Special Warranty Deed to 

August R. Gallo, Jr. and David R. Gallo Trust #1, et al for the purpose of constructing an 

office building and warehouse; and 

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MINUTE BOOK 



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WHEREAS, the Harrison County Board of Supervisors, should be requested to 

concur herein and to join in the execution and conveyance. 

It is therefore, 

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

Commission are hereby authorized and directed to execute a Special Warranty Deed 

conveying said real property. 

COMMISSION MEMBER larry Patterson seconded the motion, and on a roll call vote, the 

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result was as follows: 

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Commissioner Mary Bankston 

Commissioner Frank Castiglia, Jr. 

Commissioner Esther Coleman 

Commissioner Richard Bennett 

Commissioner John Heath, President 

Commissioner Franklin Kyle, Jr. 

Commissioner Eaton lang, Jr. 

Commissioner W. R. "Billy" lyons 

Commissioner Don Mason 

Commissioner larry Patterson 

Commissioner leroy Urie 

Commissioner Elmer Williams 

Voted: ABSENT 

Voted: AYE 

Voted: ABSENT 

Voted: AYE 

Voted: AYE 

Voted:MSE~ 

Voted: AYE 

Voted: AYE 

Voted: ABSENT 

Voted: AYE 

Voted: AYE 

Voted: AYE 

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

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the motion carried and the resolution adopted on the 25th day of January, 2000. 

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MINUTE BOOK 



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CERTIFICATE 

L Merry Mayo, Staff Secretary of the Harrison County Development Commission, 

hereby certify that the attached Resolution dated January 25, 2000, is a true and correct 

copy of such Resolution adopted on such date. 

WITNESS MY SIGNATURE, this the ~ day of February, 2000. 

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SWORN TO AND SUBSCRIBED BEFORE ME, this the .;z, day of February, 2000. 

(SEAL) 

~£!~ 

NOTARY PUBLIC " 

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MY COMMISSION EXPIRES: 

F/-0h~ 

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MINUTE BOOK 



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SPECIAL WARRANTY DEED 

FOR AND IN CONSIDERAllON of the sum of NINETY-TWO THOUSAND FIVE 

HUNDRED TWENTY AND NO!100 DOLLARS ($92,520.001 cash in hand paid and other 

good and valuable considerations, the receipt and sufficiency of all of which is hereby 

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acknowledged, the undersigned, HARRISON COUNTY DEVELOPMENT COMMISSION, 

Post Office Box 1870, Gulfport, Mississippi, 39502, (228·863-3807), acting for and on 

behalf of the HARRISON COUNTY BOARD OF SUPERVISORS, and the HARRISON 

COUNTY BOARD OF SUPERVISORS, Harrison County Courthouse. Gulfport. Mississippi 

I MISSISSIPPI, 

39502 (228-865-4001), and jointly acting for and on behalf of HARRISON COUNTY, 

as Grantors. do hereby sell. convey and specially warrant unto August R. 

Gallo, Jr. and David R. Gallo Trust #1. et al, as Grantees. the following described property 

situated in Harrison County, Mississippi, to-wit: 

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A parcel of land situated in and being a portion of Lot No.8, 

Subdivision No.2, Bernard Bayou Industrial District as 

recorded in Plat Book 25, Page 26, said parcel also being 

located in the SW Yo of Section 13, Township 7 South, Range 

11 West, City of Gulfport, First Judicial District of Harrison 

County, Mississippi. and being more particularly described as 

follows: . 

Commence at an iron pipe located 55 feet east of the 

northwest corner of Lot 9 as per the official plat of 

Subdivision No. 2 of Bernard Bayou Industrial District as 

recorded in Plat Book 25, Page 26, City of Gulfport, First 

Judicial District of Harrison County, Mississippi, said point 

being located at the intersection of the south right-of-way of 

Seaway Road and the east line of a 75 foot drainage 

easement along the west line of said Lot 9, Subdivision No.2 

of Bernard Bayou Industrial District; thence S 89°24'38" W 

255.15 feet along said south right-of-way of Seaway Road; 

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thence S 00 0 11 '00" W 255.50 feet to the Point of Beginning; 

thence continue S 00 0 11 '00" W 187.35 feet; thence West 

471.31 feet to the east right-of-way of Logan Cline Road; 

thence N 00 0 11 '00" E 182.50 feet along the east right-ofway 

of Logan Cline Road; thence N 89 0 24'38" E 471.35 feet 

to the said Point of Beginning. Said parcel contains 2.000 

acres, more or less. 

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PLEASE INDEX AS FOLLOWS: 

Ad Valorem taxes for the current year are prorated and assumed by the Grantee. 

The above described land shall be used for constructing an office building and 

warehouse, and if the Purchaser fails to use the land for said purpose within one year 

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from the date of the sale, Sellers shall have the option, but not the obligation, to 

repurchase such land at the 

purchase price as stated above. 

Witness my signature on this the day of , 2000. 

HARRISON COUNTY DEVELOPMENT COMMISSION 

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ATTEST: 

SECRETARY 

BY: 

PRESIDENT 

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HARRISON COUNTY BOARD OF SUPERVISORS 

ATTEST: 

BY: 

PRESIDENt 

CLERK 

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MINUTE BOOK 



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PERSONALLY came and appeared before me on this the ___ .day of 

________, 2000, the undersigned authority in and for the County and State 

aforesaid, the within named John Heath, President, and Frank Castiglia, Jr., Secretary, 

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of the Harrison County Development Commission, 

Mississippi, 

a public entity of the State of 

and who acknowledged that they signed and delivered the above and 

foregoing instrument on the day and year therein set out as the act and deed of the 

Harrison County Development Commission, they having full authority to do so. 

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WITNESS my hand and official seal of office on this the 

_______' 2000. 

day 

of. 

NOTARY PUBLIC 

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My Commission Expires: 

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PERSONALLY came and appeared before me on this the __~day of 

---'-'-- 

, 2000, the undersigned authority in and for the County and State 

aforesaid, the within named Bobby Eleuterius, President, and John McAdams. Clerk, of 

The Harrison County Board of Supervisors, a public entity of the State of Mississippi, and 

who acknowledged that they signed and delivered the above and foregoing instrument on 

the day and year therein set out as the act and deed of the Harrison County Board of 

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Supervisors, they having full authority to do so. 


_"- , 2000. 

day of 

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NOTARY PUBLIC 

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MINUTE BOOK 



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Coast Pre-Stress, Inc., and after a full discussion of the subject, Supervisor 

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There next came on for consideration the request of the HARRISON COUNTY 

DEVELOPMENT COMMISSION to concur in a Resolution to enter into a Special Warranty 

Deed conveying 2 acres (more Of less) of certain real property located in the Bernard 

Bayou Industrial District in the First Judicial District, Harrison County, Mississippi, to Gulf 

L__a_r_r-",-y_B_e_n_e_f_~_'e_ld 

to-wit: 

offered the adoption of the following Order, 

AN ORDER OF THE HARRISON COUNTY BOARD OF SUPERVISORS CONCURRING IN A 

RESOLUTION TO ENTER INTO A SPECiAl WARRANTY DEED CONVEYING 2 ACRES (MORE 

OR LESS) OF CERTAIN REAL PROPERTY LOCATED IN THE BERNARD BAYOU INDUSTRiAl 

DISTRICT TO AUGUST R. GAlLO, JR. AND DAVID R. GAlLO TRUST #1. ET Al AND RNDING 

THAT THE PRESIDENT AND CLERK BE AND THE SAME ARE AUTHORIZED TO EXECUTE SAID 

SPECiAl WARRANTY DEED AND TO CONCUR AND JOIN IN SAID CONVEYANCE. 


ORDERED, that receipt of a Resolution by the Harrison County Development 

Commission authorizing the President and Secretary of the Commission to enter into a 

Special Warranty Deed by and between the Harrison County Development Commission. 

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acting for and 

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

• County Board of Supervisors, jointly acting for Harrison County, Mississippi. conveying 

2 acres (more or less) of certain real property located in Harrison County, Mississippi. to 

August R. Gallo. Jr. and David R. Gallo Trust #1. et ai, finding that it would be in the 

public interest to do so for the purpose of constructing an office building and warehouse, 

and finding that the President and Secretary of the Harrison County Development 

Commission should be authorized and directed to execute said Special Warranty Deed. 

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and requesting the Harrison County Board of Supervisors to concur therein and to join in 

the execution of the Special Warranty Deed. is hereby acknowledged. 

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MINUTE BOOK 



It is FURTHER ORDERED, that this Board does concur in said resolution and adopts 

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the findings contained therein; and it is further 

ORDERED, that the President and Clerk of the Harrison County Board of 

Supervisors are hereby authorized and directed to execute the Special Warranty Deed 

attached as. Exhibit "A" to the resolution of the Harrison County Development 

Commission. 

SUPERVISOR Marlin R. Ladner 

seconded the 

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motion, and on a roll call vote, the result was as follows: 

Supervisor Bobby Eleuterius Voted: Aye 

Supervisor Larry Benefield Voted: Aye 

Supervisor Marlin R. Ladner Voted: Aye 

Supervisor William Martin Voted: Aye 

Supervisor Connie M. Rocko Voted: Aye 

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A majority of the Supervisors present and voting in the affirmative. the President 

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declared the motion carried and the order adopted on the 7th day of February 

2000. 

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MINUTE BOOK 


FEBRUARV~2000 TERM 

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RESOLUTION 

.. There next came on fOi discussion the execution of a Special Warranty Deed by 


Harrison County Board of Supervisors, and the HARRISON COUNTY BOARD OF 

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SUPERVISORS, jointly acting for Harrison County, Mississippi, to Gulf Coast Pre-Stress, 

Inc., conveying certain real property located in the First Judicial District of Harrison 

County, Mississippi, said property being more fully described in the Special Warranty Deed 

to Gulf Coast Pre-Stress, Inc. attached hereto, and after a general discussion of the 

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subject, Commission Member Elmer Williams offered the adoption of the following 

Resolution: 


THE PRESIDENT AND SECRETARY TO EXECUTE A SPECiAl WARRANTY DEED TO CONVEY 

0.55 ACRES (MORE OR LESS) OF CERTAIN REAl PROPERTY LOCATED IN THE PASS 

CHRISTIAN LIGHT INDUSTRiAl AREA, FIRST JUDICiAl DISTRICT OF HARRISON COUNTY, 

MISSISSIPPI. TO GULF COAST PRE-STRESS, INC. AND REOUESTING THE HARRISON 

COUNTY BOARD OF SUPERVISORS TO CONCUR HEREIN AND TO JOIN IN THE EXECUTION 

AND CONVEYANCE. 

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in the Pass Christian Light Industrial Area to Gulf Coast Pre-Stress, Inc., for the amount 

of FIVE THOUSAND and NO/100 DOLLARS ($5,000.00), all of which the Harrison County 

Development Commission does find and adjudicate is a fair and reasonable price for said 

property; and 

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Gulf Coast Pre-Stress, Inc. for the purpose of expansion; and 


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

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COMMISSION MEMBER Frank Castiglia, Jr. seconded the motion, and ona roll-caUvote, 

the result was as follows: 


Commissioner Frank Castiglia, Jr. 



Commissioner John Heath. President 

Commissioner Franklin Kyle, Jr. 

Commissioner Eaton Lang. Jr. 

Commissioner W. R. "Billy" Lyons 


Commissioner larry Patterson 

Commissioner Leroy Urie 


Voted: 

Voted: 

Voted: 

Voted: 

Voted: 

Voted: 

Voted: 

Voted: 

Voted: 

Voted: 

Voted: 

Voted: 

ABSENT 

AYE 

ABSENT 

AYE 

AYE 

ABSENT 

ABSTAIN 

AYE 

ABSENT 

AYE 

AYE 

AYE 

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

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the motion carried and the resolution adopted on the 25th day of January, 2000. 

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CERTIFICATE 

I, Merry Mayo, Staff Secretary of the Harrison County Development Commission, 

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WITNESS MY SIGNATURE. this the 3L day of January. 2000. 

SWORN TO AND SUBSCRIBED BEFORE ME, this the -.J.L day of January, 2000. 

• (SEAl) 

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FOR AND IN CONSIDERATION of the sum of FIVE HUNDRED THOUSAND AND 

NO/100 DOLLARS ($5,000.00) cash in hand paid and other good and valuable 

considerations, the receipt and sufficiency of all of which is hereby acknowledged, the 

undersigned, HARRISON COUNTY DEVELOPMENT COMMISSION, Post Office Box 1870, 

Gulfport, Mississippi, 39502,1228-863-38071. acting for and on behalf of the HARRISON 

• 

COUNTY BOARD OF SUPERVISORS, and the HARRISON COUNTY BOARD OF 

SUPERVISORS, Harrison County Courthouse, Gulfport, Mississippi 39502 (228-865- 

40011. and jointly acting for and on behalf of HARRISON COUNTY, MISSISSIPPI, as 

Grantors, do hereby sell, convey and specially warrant unto GULF COAST PRE-STRESS, 

INC., as Grantee, the following described property situated in Harrison County, 

I 

Mississippi, to-wit: 

A parcel of land situated and being in Sections 23 and 24, 

Township 8 South, Range 13 West, First Judicial District of 

Harrison County, Mississippi and being more particularly 

described as follows: Commencing at the intersection of the 

north margin of Asmard Street and the West Acquisition Une 

of the Harrison County Pass Christian Ught Industrial Area, 

traverse along said West Acquisition Line N 20°21'48" W 

601.00 feet to an iron rod, then leaving said West Acquisition 

Line N 69°38'12" E 40.0 feet to an iron rod, then S 

20°21'48" E 601.00 feet to an iron rod. then S 69°38'12" 

W 40.0 feet to said P.O.B. Said parcel contains 0.55 acres, 

more or less. 

• 



The above described land shall be used for expansion, and if the Purchaser fails to 

I 

•

27 

MINUTE BOOK 



I 

use the land for said purpose within one year from the date of the sale. Sellers shall have 

the option. but not the obligation. to repurchase such land at the purchase price as stated 

above. 

Witness my signature on this the ~~_dayof ~~~,",--~~,",--~_.2000. 


• ATTEST: 

BY: 

PRESIDENT 

SECRETARY 

I 

ATTEST: 


BY: 

PRESIDENT· 

• 

CLERK 

I 

•

28 

MINUTE BOOK 



• 

I 



PERSONALLY came and appeared before me on this the day of 

-'- 

, 2000, the undersigned authority in and for the County and State 

aforesaid, the within named John Heath, President, and Frank Castiglia, Jr., Secretary, 

of the Harrison County Development Commission, a public entity of the State of 

Mississippi. and who acknowledged that they signed and delivered the above and 


• 

Harrison County Development Commission, they having fuJI authority to do so. 


________, 2000. 

day 

of 

I 


NOTARY PUBLIC 

• 

I 

•

• 

MINUTE BOOK 



1--- 

29 



PERSONALLY came and appeared before me on this the __----",_dayof 

..........;.:- ~' 2000, the undersigned authority in and for the County. and State 

aforesaid. the within named Bobby Eleuterius, President, and John McAdams, Clerk, of 

• 

The Harrison County Board of Supervisors, a public entity of the State of Mississippi, and 




I 


_"'"-"- ' 2000. 

day 

of 

NOTARY PUBLIC 


• 

I 

•

30 

MINUTE BOOK 



• 


) COUNTY OF HARRISON 

I 


FOR AND IN CONSIDERATION of the sum of FIVE HUNDRED THOUSAND AND 

NO/100 DOLLARS ($5,000.00) cash in hand paid and other good and valuable 

considerations, the receipt and sufficiency of all of which is hereby acknowledged, the 

undersigned, HARRISON COUNTY DEVELOPMENT COMMISSION, Post Office Box 1870, 

Gulfport, Mississippi, 39502, (228-863-38071. acting for and on behalf of the HARRISON 

COUNTY BOARD OF SUPERVISORS, and the HARRISON COUNTY BOARD OF 

• 

SUPERVISORS, Harrison County Courthouse, Gulfport, Mississippi 39502 (228-865- 

4001). and jointly acting for and on behalf of HARRISON COUNTY, MISSISSIPPI. as 

Grantors, do hereby sell, convey and specially warrant unto GULF COAST PRE-STRESS, 

INC., as Grantee, the following described property situated in Harrison County, 

I 

Mississippi, to-wit: 

A parcel of land situated and being in Sections 23 and 24, 

Township 8 South, Range 13 West, First Judicial District of 

Harrison County, Mississippi and being more particularly 

described as follows: Commencing at the intersection of the 

north margin of Asmard Street and the West Acquisition line 

of the Harrison County Pass Christian light Industrial Area, 

traverse along said West Acquisition line N 20°21'48" W 

601.00 feet to an iron rod, then leaving said West Acquisition 

line N 69°38'12" E 40.0 feet to an iron rod, then S 

20°21'48" E 601.00 feet to an iron rod, then S 69°38'12" 

W 40.0 feet to said P.O.B. Said parcel contains 0.55 acres, 

more or less. 

• 



The above described land shall be used for expansion. and if the Purchaser fails to 

I 

•

3t 

• 

MINUTE BOOK 



I 

use the land for said purpose within one year from the date of the sale, Sellers shall have 

the option, but not the obligation, to repurchase such land at the purchase price as stated 

above. 

Witness my signature on this the _- day of _- ~ , 2000. 


• ATTEST: 

BY: 

PRESIDENT 

SECRETARY 

I 

ATTEST: 


BY: 

PRESIDENT 

• 

CLERK 

I 

•

MINUTE BOOK 



• 

I 



PERSONALLY came and appeared before me on this the ~~ day of 

________' 2000. the undersigned authority in and for the County and State 

aforesaid. the within named John Heath. President. and Frank Castiglia. Jr., Secretary. 

of the Harrison County Development Commission, a public entity of the State of 

• 

Mississippi, and who acknowledged that they signed and delivered the above and 


Harrison County Development Commission. they having full authority to do so. 

WITNESS my hand and official seal of office on this the ___ day 

________, 2000. 

of 

I 


NOTARY PUBLIC 

• 

I 

•

33 

• 

MINUTE BOOK 



I 




~ ~_' 2000. the undersigned authority in and for the County and State 

aforesaid, the within named Bobby Eleuterius, President, and John McAdams, Clerk, of 

The Harrison County Board of Supervisors, a public entity of the State of Mississippi. and 

• who acknowledged that they signed and delivered the above and foregoing instrument on 



I 


________' 2000. 

day of 

NOTARY PUBLIC 


• 

I 

•

34 

MINUTE BOOK 



• 

I 

There next came on for consideration the request of the HARRISON COUNTY 


Deed conveying 0.55 acres (more or less) of certain real property located in the Pass 

Christian Light Industrial Area in the First Judicial District. Harrison County, Mississippi. 

to Gulf Coast Pre-Stress, Inc., and after a full discussion of the subject, Supervisor 

--=..:M=a=L-=l:;:i:;:.n:-.-:R;"',"-----'L=a=d=n=e=L offered the adoption of the following Order, 

• 


RESOLUTION TO ENTER INTO A SPECIAL WARRANTY DEED CONVEYING 0.55 ACRES 

(MORE OR LESS) OF CERTAIN REAL PROPERTY LOCATED IN THE PASS CHRISTIAN LIGHT 

INDUSTRIAL AREA TO GULF COAST PRE-STRESS, INC. AND ANDING THAT THE PRESIDENT 

AND CLERK BE AND THE SAME ARE AUTHORIZED TO EXECUTE SAID SPECIAL WARRANTY 

DEED AND TO CONCUR AND JOIN IN SAID CONVEYANCE. 

It is therefore. 

I 



Special Warranty Deed by and between the Harrison County Development Commission, 

acting for and on behalf of the Harrison County Board of Supervisors. and the Harrison 

• 

County Board of Supervisors. jointly acting for Harrison County, Mississippi. conveying 

0.55 acres (more or less) of certain real property located in Harrison County, Mississippi, 

to Gulf Coast Pre·Stress, Inc.• finding that it would be in the public interest to do so for 

the purpose of expansion. and finding that the President and Secretary of the Harrison 

County Development Commission should be authorized and directed to execute said 

Special Warranty Deed. and requesting the Harrison County Board of Supervisors to 

concur therein and to join in the execution of the Special Warranty Deed, is hereby 

acknowledged. 

I 

•

35 

• 

MINUTE BOOK 



I 

It is FURTHER ORDERED. that this Board does concur in said resolution and adopts 

the findings contained therein; and it is further 

ORDERED. that the President and Clerk of the Harrison County Board of 


attached as Exhibit "A" to the resolution of the Harrison County Development 

• 

Commission. 

SUPERVISOR Larry Benefield seconded the 

motion. and on a roll call vote. the result was as follows: 

I 



Supervisor Marlin R. Ladner 

Voted: 

Aye 



• 


declared the motion carried and the order adopted on the 7th 

2000. 

day of 

February 

I 

•

36 

MINUTE BOOK 



• 


I 

RESOLUTION 

There ne"xt came on for" discussion the execution of a Special Warranty Deed by 


Harrison County Board of Supervisors, and the HARRISON COUNTY BOARD OF 

SUPERVISORS, jointly acting for Harrison County, Mississippi, to Penske Truck leasing 

Co., conveying certain real property located in the First Judicial District of Harrison 

• 

County, Mississippi. said property being more fully described in the Special Warranty Deed 

to Penske Truck leasing Co. attached hereto, and after a general discussion of the 

subject, Commission Member Elmer Williams offered the adoption of the following 

Resolution: 


THE PRESIDENT AND SECRETARY TO EXECUTE A SPECiAl WARRANTY DEED TO CONVEY 

.2076 ACRES (MORE OR LESS) OF CERTAIN REAL PROPERTY LOCATED IN THE BERNARD 

BAYOU INDUSTRIAL DISTRICT, FIRST JUDICiAl DISTRICT OF HARRISON COUNTY, 

MISSISSIPPI, TO PENSKE TRUCK LEASING CO. AND REOUESTING THE HARRISON COUNTY 

BOARD OF SUPERVISORS TO CONCUR HEREIN AND TO JOIN IN THE EXECUTION AND 

CONVEYANCE. 




I 

• 

in the Bernard Bayou Industrial District to Penske Truck Leasing Co., for the amount of 

TEN THOUSAND FOUR HUNDRED FIFTEEN and NO!100 DOLLARS ($10.415.00), all of 

which the Harrison County Development Commission does find and adjudicate is a fair 

and reasonable price for said property; and 



Penske Truck leasing Co. for the purpose of use as an access road; and 


I 

•

37 

• 

MINUTE BOOK 



I· 


It is therefore. 

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



COMMISSION MEMBER Frank Castiglia. Jr. seconded the motion. and on a roll call vote. 

• 

the result was as follows: 

I 


Commissioner Frank Castiglia. Jr. 



Commissioner John Heath, President 

Commissioner Franklin Kyle. Jr. 

Commissioner Eaton Lang, Jr. 

Commissioner W. R. "Billy" Lyons 


Commissioner Larry Patterson 

Commissioner Leroy Urie 


Voted: 

Voted: 

Voted: 

Voted: 

Voted: 

Voted: 

Voted: 

Voted: 

Voted: 

Voted: 

Voted: 

Voted: 

ABSENT 

AYE 

ABSENT 

AYE 

AYE 

ABSENT 

AYE 

AYE 

ABSENT 

AYE 

AYE 

AYE 

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

the motion carried and the resolution adopted on the 25th day of January. 2000. 

• 

I

38 

MINUTE BOOK 



• 


I 


CERTIFICATE 

L Merry Mayo, Staff Secretary of the Harrison County Development Commission, 



• 

WITNESS MY SIGNATURE, this the -.il- day of January, 2000. 

I 

SWORN TO AND SUBSCRIBED BEFORE ME. this the;J~ day of January, 2000. 

• 

(SEAL) 

MY COMMISSION EXPIRES: 

¥~lad-- 

I 

•

39 

• 

MINUTE BOOK 



I 




FOR AND IN CONSIDERATION of the sum of TEN THOUSAND FOUR HUNDRED 

FIFTEEN AND NO/100 DOLLARS ($10.415.001 cash in hand paid and other good and 

valuable considerations, the receipt and sufficiency of all of which is hereby 

• acknowledged, the undersigned, HARRISON COUNTY DEVELOPMENT COMMISSION, 

Post Office Box 1870. Gulfport, Mississippi, 39502. (228·863·3807), acting for and on 

behalf of the HARRISON COUNTY BOARD OF SUPERVISORS, and the HARRISON 

COUNTY BOARD OF SUPERVISORS, Harrison County Courthouse, Gulfport, Mississippi 

I 

39502 (228·865-4001), and jointly acting for and on behalf of HARRISON COUNTY, 

MISSISSIPPI, as Grantors, do hereby sell, convey and specially warrant unto PENSKE 

TRUCK LEASING CO., as Grantee, the following described property situated in Harrison 

County, Mississippi, to-wit: 

• 

I 

A parcel of land situated and being located in the NE1. of the 

SE 1. of Section 13, Township 7 South, Range 11 West, City 

of Gulfport. First Judicial District of Harrison County• 

Mississippi; also being located in Subdivision No.2, Bernard 

Bayou Industrial District as recorded in Plat Book 25, Page 26; 

and being more particularly as follows: 

Commence at a concrete monument located at the northeast 

corner of said Section 13; thence S 00°17'10" W 2649.36 

feet to a concrete monument: thence S 48°42'22" 431.37 

feet to the intersection of the south margin of Seaway Road 

with the west line of a 75-foot wide permanent drainage 

easement; thence S 89°24'38" W 393.30 feet along the 

south margin of Seaway Road to the Point of Beginning; 

thence South 603.00 feet to the south line of a 15 foot wide 

permanent drainage easement; thence West 15.00 feet along 

said south line of a 15 foot wide permanent drainage 

eaSement; thence North 602.85 feet to the south margin of 

•

40 

MINUTE BOOK 



• 

I 

Seaway Road; thence N 89°24'38" E 15.00 feet along said 

south margin of Seaway Road to the said Point of Beginning. 

Said parcel contains 9044 square feet or 0.208 acre, more or 

less. Said parcel is also subject to a 15 foot wide permanent 

drainage easement being north of and parallel to the south line 

of the above describedparceJ. 

PLEASE INDEX AS FOLLOWS: NEy., SE% Section 13, 

Township 7 South, Range 11 West. 


The above described land shall be used for an access road, and if the Purchaser 

fails to use the land for said purpose within one year from the date of the sale, Sellers 

• 

shall have the option, but not the obligation, to repurchase such land at the 

purchase 

price as stated above. 

Witness my signature on this the day of ' 2000. 


I 

ATTEST: 

BY: 

PRESIDENT 

• 

SECRETARY 


ATTEST: 

BY: 

PRESIDENT 

CLERK 

I 

•

41 

• 

MINUTE BOOK 



I 



PERSONALLY came and appeared before me on this the ___- day of 

________' 2000, the undersigned authority in and for the County and State 

aforesaid, the within named John Heath, President. and Frank Castiglia. Jr., Secretary, 

• 

of the Harrison County Development Commission. a public entity of the State of 

Mississippi, and who acknowledged that they signed and delivered the above and 


Harrison County Development Commission. they having full authority to do so. 

I 


___~~ . 2000. 

day of 

NOTARY PUBLIC 


• 

I 

•

MINUTE BOOK 



• 


I 



________• 2000. the undersigned authority in and for the County and State 

aforesaid. the within named Bobby Eleuterius. President. and John McAdams. Clerk. of 

The Harrison County Board of Supervisors. a public entity of the State of Mississippi. and 



Supervisors. they having full authority to do so. 

• 


day of 

________.2000. 


NOTARY PUBLIC 

I 

• 

I 

•

43 

• 

MINUTE BOOK 



I 

Thera next came on for consideration the request of the HARRISON COUNTY 


Deed conveying .2076 acre (more or less) of certain real property located in the Bernard 

Bayou Industrial District in the First Judicial District, Harrison County, Mississippi, to 

• Penske Truck Leasing Co.. and after a full discussion of the subject. Supervisor 

:::L:::ac::::r..=r...ly-----=:B"-,e",,n::.:e:::.;f::..l-::..·e=l.:::d offered the adoption of the following Order, 

to-wit: 

I 


RESOLUTION TO ENTER INTO A SPECIAL WARRANTY DEED CONVEYING .2076 ACRES 

(MORE OR LESS) OF CERTAIN REAL PROPERTY LOCATED IN THE BERNARD BAYOU 

INDUSTRIAL DISTRICT TO PENSKE TRUCK LEASING CO. AND ANDING THAT THE 

PRESIDENT AND CLERK BE AND THE SAME ARE AUTHORIZED TO EXECUTE SAID SPECIAL 

WARRANTY DEED AND TO CONCUR AND JOIN IN SAID CONVEYANCE. 




• 

Special Warranty Deed by and between the Harrison County Development Commission, 

acting for and 

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

County Board of Supervisors, jointly acting for Harrison County, Mississippi, conveying 

.2076 acres (more or less) of certain real property located in Harrison County, Mississippi, 

to Penske Truck Leasing Co., finding that it would be in the public interest to do so for 

the purpose of use as an access road, and finding that the President and Secretary of the 

Harrison County Development Commission should be authorized and directed to execute 

I 

said Special Warranty Deed, and requesting the Harrison County Board of Supervisors to 

concur therein and to join in the execution of the Special Warranty Deed, is hereby 

acknowledged. 

•

44 

MINUTE BOOK 



• 

I 

It is FURTHER ORDERED, that this Board does concur in said resolution and adopts 

the findiflgs contained therein; and it is further 

ORDERED, that the President and Clerk of the Harrison County Board of 


attached as Exhibit "A" to the resolution of the Harrison County Development 

Commission. 

• 

SUPERVISOR William W. Martin seconded the 

motion. and on a roll call vote, the result was as follows: 



Supervisor Marlin R. Ladner 

Voted: 

Aye 

I 




• 

declared the motion carried and the order adopted on the 7th day of February, 

2000. 

I 

•

45 

• 

MINUTE BOOK 



I 

Supervisor WILLIAM W. MARTIN moved adoption of the following: 

ORDER APPROVINC CONTRACT WITH T.Y. PICKETT AND 

COMPANY, INC., FOR 1999/2000 ASSESSMENT OF GAMING 

VESSELS AND SPECIFIC INDUSTRIES, AND AUTHORIZINC THE 

BOARD PRESIDENT TO EXECUTE SAME 


MISSISSIPPI, that the Board does HEREBY APPROVE the following contract with 

T.Y. Pickett and company, Inc., for 1999/2000 assessment of gaming vessels 

and specific industries: 

• 

I 

• 

I 

•

46 

MINUTE BOOK 



• 

THE STATE OF MISSISSIPPI 


KNOW ALL MEN BY THESE PRESENTS: 

I 

THAT WHEREAS, The Board of Supervisors of Harrison County, 

MlssiS$lppl. sitting as a Board of-Equalization, as required by law, has 

heretofore and will in the future have submitted to It, by the Tax Assessor 

of said County, for Inspection, correction, and approval, renditfons of or 

appraisals against certain and specIfied gaming vessels to include all contents 

within those vessels and land based personal property pertinent to 

operation of the gaming fa~1 IIties. snd In performance of the duties imposed 

by law upon such Board in the Inspection, correction and approval of such 

• 

renditions or appraisals, will have need for technical data and possible 

testimony in hearfng5 and 

litlgation pertainIng to such properties requiring 

scientific knowledge, technical skill and ~xperl~nc~ in analysis and appraisal 

of such properties, and 

~HEREAS. The Board of Supervisors and Tax Assessor of said County 

has determined the need and advisability of employing experts skilled In the 

I 

matter of analysis and appraisal of such property to compile information for 

use by the Board of Equalization in its inspecting, correcting and approving 

the renditions of or appraisals against such property duly submitted to it by 

the Tax Assessor, and 

~HEREAS, it is ascertained and determined that Thos. Y. Pickett & 

Company, Inc., of Oallas~ Texas. are experts with many years experience In 

• 

such matte~s and employ registered professional engineers, qualified in this 

State, who have scientific and 

technical knowledge; and 

WHEREAS, it is found and determi ned to be to the advantage of the 

County that said County employ tne services of Thos. Y. 

Pickett & Company. 

Inc., for said purposes; 

IT IS THEREFORE AGREED BY AND BETWEEN Harrison County, Mississippi, 

acting by and through its Board of Supervisors and Tax Assessor, hereinafter 

known as the County, and Thos. Y. Pickett & Company, Inc., of Dallas County, 

Texas, hereinafter known as the Company~ as follows~ 

I 

•

47 

• 

MINUTE BOOK 



The Company agrees and obligates itself to make and complete such 

appraisal of the specified property as of January I, 2000. This shall Include 

afl of the in"formation which the Company Is able to procure pertaining to the 

character I quality, and quantity» as well as the value of the appraised property, 

for use of the Board of Equalization in reviewing and equalizing the 

• 

value of such property, submitted to it by the Tax Assessor for said Boardls 

approval, and for the further purpose of furnishing the testimony as hereinafter 

specified~ 

It Is expressly agreed and understood that "SPECIFIED PROPERTY", 

as such term Is used herein, shall Inelude: 

I 

The gaming vessels, namely Beau Rivage, Boomtown, 

Carlo Corporation, Casino Magic. Grand - Biloxi, 

Grand - Gulfport. Grand Casino Biloxi - Lady luck, 

Gulfside DBA Copa, Imperial PalaCe, Isle of Capri, 

Palace, President. and Treasure Bay; all contents 

within those vessels; and any and all gaming vessels 

now under constructlon. 

2. 

All of the appraisal work, as herein provided, shall be completed in 

a timely manner a5 provided by law, and submitted to the Ta~ Assessor. 

• 

3. 

The Company further agree~ to provide such expert testimony as may 

be required in any civil litIgation arising from the appraisal of property 

covered by this contract, at a rate not to exceed Six Hundred Dolla~s ($600) 

per day for actual Court appearance. The Company shall also be reimbursed by 

the County 

for reasDnable travel and subsistence expenses. 

4. 

The Company agrees to prepare, on the basis of the information thus 

I 

procured for use as eviden~e in determining the market value of such property 

as herein defined, a tabulation of technical data and appraised value per~ 

taining to any and all soc~ property. for the use of said Board of Equallza~ 

tion and Tax Assessor in reviewing and equalizing such appraisal as submitted 

by the Tax Assessor for the Board's approval. 

•

48 

MINUTE BOOK 



• 

I 

5· 

FOR ANO IN CONSIOERATION of the skIlled services, technical knowledge 

and experrence of the Company, 

in performance of.the ?bligations herein 

agreed to be performed by ·the Comp.ny. 

the Count¥ agrees and obligates itself 

to pay the Comp.oy the sum of Eighty-Seven Thousand Five Hundred Dollar. 

($87.500.00) for the ye.r 2000, .. full compensation for the servIce. rende 

red under the terms of this agreement. 

6. 

• 

P~yment5 shall be mad~ On thfs contract at the office of the Comp.ny. 

""6" Sigma Road. 

Dallas. Texas 752"", a. follows: 

Tot.1 Contract Fee: $87,500 ; " g 

~ess 10: Retain.ge 

Net 11" Payment 

$21,875.00 

-2,187.50 

$19,687.50 

Payment Schedule 

March 1, 2000 

Apr; I 1, 2000 

June 1. 2000 

JUly 1, 2000 

Balance On completIon (Retainage) 

7· 

$19,687.50 

19,687.50 

19.687.50 

19.687.50 

8.750.00 

$87,500.00 

I 

The s.ld rhos. Y. PIckett Company, Inc .• further agrees that in 

no way will the said H.rrlson County, MIssissippi. be obligated to Thos. Y. 

Pickett & Company, Inc •• or their assistants, for salaries. expenses or 

materials except as above stated. 

• 

BY ORDER OF THE BOARD OF SUPERVISORS OF HARRISON COUNTY. 

MISSISSIPPI, WITNESS OUR HANDS IN DUP~ICATE. THIS 

DAY OF _ 

2000. 

HARRISON COUNTY, HISSISSIPPI 

By: 

ATTEST: 

President, Board of Supervisors 

Chancery Clerk 

APPROVED: 

Assessor 

I 

THOS. Y. PICKETT & COHPANY, INC. 

By: 

•

MINUTE BOOK 



I 

IT IS FURTHER' 

Board President to execute said contract. 

ORDERED that the Board does HEREBY AUTHORIZE the 

Supervisor CONNIE M. ROCKeO seconded the motion to adopt the 

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


49 



supervisor MARLlt\1 R. LADNER voted 

• 



AYE 

AYE 

AYE 

AYE 

AYE 


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

I 

the order adopted. 


* * 

• 

I 

•

50 

MINUTE BOOK 



supervisor LARRY BENEFIELD moved adoption of the following: 

ORDER APPROVING PETITIONS TO INCREASE THE 1999 PERSONAL 

PROPERTY ROLL, AS L1S"rED 

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

• 

I 

the Board does HEREBY APPROVE the following petitions to increase the 1999 

personal property roll: 

1) PPIN# 15058, G E Capital Computer Leasing Corp (TaX Dist DWI. 

2) PPIN# 16643 Brambles Equip serv (Tax Dist GOl. 

3) Brambles Equip Serv

51 

MINUTE BOOK 



I 

Supervisor MARLIN R. LADNER moved adoption of the follOwing: 

ORDER APPROVINC REDUCTION OF ASSESSMENT OF PERSONAL 

PROPERTY FOR VARIOUS YEARS, AS RECOMMENDED BY THE 

TAX ASSESSOR 


MISSISSIPPI, that the Board does HEREBY APPROVE reduction of assessment of 

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

same being as follows: 

• 

I 

• 

I 

•

RBI 

OWNER 

NAME 

LRMBTX02 

02/02/00 14: 55 RECOMMENDATION FOR BoS (BACK T 

BacK Taxes and Actions Tak~n b~ Board Of Supervise ·s and State Tax Commission 

Recards Added 2- 2-1900 thru 2- 2-1900 Report S. ~uence OWNER NAME 

Parcel Tax ------- 1 .tal Assessed ------- 

PARCEL-NUMBER T~pe Dist Beforo After Change BoS Action 

STC 

PAGE 

A,tion 

w P 

F D 

tIJ 

o 

):I 

~ 

Cọ" 

(7.J1 

N 

CHILE VERDE MEXICAN RESTAURAN 16294 

oOB 1996 

CORVETTE STORE 

BUS NOT OPEN ON TAX LIEN DATE 

FINANCIAL ALLIANCE 13774 

ERRONEOUSLY ASSESSED W/LEASED EGUIP 

GUARLES MINI MART 15887 

INCORRECT VALUE ON EGUIP/ADDRESS,21577 

Change 

In Total Assessment 

-9,402 

ADAMS 

P B 

P G 

P G 

P L 382C 

RD,SAUCIER,MS,39574 

Total Increase 

450~ 

314; 

18(, 

2250 

-4505 

-3147 

-180 

-1570 

Total Decrease 

T 

T 

N 

N 

T N 

T 

N 

-'11402 

U) 

c: 

11"0 

mm 

m~ 

:::tIins: 

cg_ 

):IU)2 

:::tI- 

C 

-

• 

MINUTE BOOK 



I 

Supervisor WILLIAM W. MARTIN seconded the motion to adopt the 

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


53 

supervisor BOBBY ELEUTERIUS voted 


Supervisor MARLIN R. LADNER voted 


AYE 

AYE 

AYE 

AYE 


AYE 

• 





I 

* 

• 

I 

•

54 

MINUTE BOOK 

BOARD OF SUPERVISORS. HARRISON COUNTY. MISSISSIPPI 


THIS DAY there came on for hearing and consideration by the Board of 

Supervisors of Harrison County, Mississippi, petition of the Tax Assessor for 

change or reduction in the assessment of real and personal property 

• 

I 

assessed at the page and line on said 1999 real and personal property 

assessment roll and as shown in said petition under parcel number; and it 

appearing to the Board from the evidence offered in support of said 

application, both oral and documentary, that the assessment should be 

reduced, increased, and/or changed, and after full discussion and 

consideration supervisor LARRY BENEFIELD moved adoption of the 

following: 

• 

ORDER ACKNOWLEDGING RECEIPT OF AND APPROVING 

PETITIONS FOR CHANGES TO THE 1999 REAL AND PERSONAL 

PROPERTY ROLL, AS RECOMMENDED BY THE TAX ASSESSOR 


MISSISSIPPI, that the Board does HEREBY ACKNOWLEDGE RECEIPT petitions for 

changes to the 1999 real and personal property roll, same being as follows: 

I 

• 

I 

•

• - • - • - • 

RBI LRM?ET02 02/02/00 14:40 Landroll Appraisal 1999 PAGE 

Petitions And Actions Taken b~ Board Of Supervisors and State Tax Commission 

Records Added 2- 2-2000 thru 2- 2-2000 Report Se~uence PARCEL NUMBER 

Parcel Tax ------- Tutal Assessed ------- W I" 

PARCEL NUMBER OWNER NM1E Type Dist Before After Change BOS Ac ti on STC Action F D 

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

0109 -20-001.001 LADNER, HELEN S R 3

RBI 

PARCEL NUMBER 

LRMPET02 

02/02/00 14:40 Landroll Appraisal 1999 

PetitiDns And Actions Taken by BDa~d Of Supervisols and State Ta. Commission 

Records Added 2- 2-2000 thru 2- 2-2000 Report Sequence PARCEL NUMBER 

Parcel Ta. ------- Tutal Assessed ------- 

OWNER NAME Type Dist Befor~ After Change BOS Action 

0502 -10-013.010 

KELLY, CHARLES R JR & JUANITA R 2M 

CLASS I 

0503 -21-023. 000 

PATTON, ROY C & TINCEY V R 2M 

DELETE IMP 

0503G-OI-013. 000 

JOHNSTON, TERRY 

R 2M 

DELETE IMP/ON PCL 0503H-Ol-008.000 

0509N-04-001.000 

IMPS ERRONEOUSLY 

FORE. 

ASSESSED 

W C 

R 3E 

0510N-OI-014.000 

LACEY, REGINALD 1\ 

R 3EW 

CLASS I 

05100-02-008.004 

TOWNSEND, CENDY JOE 

R 3KW 

DELETE IMP/MOBILE HOME DDL ASSESSED ON PERSONAL 

0510P-03-025. 000 

ALEXANDER. LARRY. WF 

ROLL 

R 3J\W 

IMP ERRONEOUSLY ASSESSED 

05118-01-017.003 

HADDOCK, TERRIE 

R 3L 

CLASS I 

0511J-02-014.000 WILSON, WOODROW C & lOIS -TRUS R 3L 

PCl ERRONEOUSLY ASSESSED 

0511M-01-005.002 STUFFED SHIRT INC 

R 31 


0512J-03-068.017 

DELETE 

LIFESTYLES 2000 INC 

IMP/CONTRACTORS AFFIDAVIT 

R 3L 

0512K-03-021.000 LEVY, JULIUS L JR ET AL 

R 3P 

LDT ERRONEOUSLY ASSESSED 

0512M-OI-005.003 CRUNK, BARRY W 

R 3P 

CLASS I 

0512M-OI-005. 029 

GULF COAST INDUSTRIES INC R 3P 

DELETE IMP/NOT FINISHED 1-1-1999 

0606 -23-002. 000 

LOTT, JEAN SHAW 

R 2M 

DELETE IMP/DBl ASSESSED W/PCL 0606-23-003. 001 

0607A-OI-003. 000 

LAY, GREGORY S ET AL 

R 21\ 

CLASS I 

0608B-Ol-004. 000 

NECAISE, ROGER ..JAMES 

R 21\ 

CLASS I 

06088-01-004. 005 

DAVIS, LINDA F 

R 2K 

CLASS I 

0608D-Ol-001.013 BLANCHARD, DANIEL 

R 2K 

DELETE IMP/DBL ASSESSED W/0608D-OI-00l. 009 

0609L-Ol-006. 000 SPENCE, RODNEY D & CONNIE D R 2K 

AG VALUE/SEE OTHER PCLS 

0611J-Ol-037.000 CASTIGLIA, JOSEPH J SR 

R 3L 

PCL ERRONEOUSLY ASSESSED 

0702E-03-022.000 

FAITHVIEW BAPTIST CHURCH R 5M 

EXEMPT/CHURCH PROP/PART OF PAR\\ING lOT 

0702N-01-001.000 DILL, CHARLES F 

R 5M 

DELETE IMP 

07020-01-007. 000 

DILL, CHARLES F & VERSlE B R 5M 


0703D-01-016.000 

HOLLIMAN, DONALD H & ROSEANNE R 5M 

CLASS I 

4925 

893 

217;:; 

44873 

6125 

4592 

6997 

355;;: 

850C 

104908 

1678'" 

496e 

15054 

1505.1; 

4897 

13023 

6010 

8454 

1391'" 

317:' 

7532 

30~ 

291; 

5806 

395f 

3283 

776 

545 

15000 

4083 

3975 

5719 

2368 

6938 

87966 

1053 

3312 

10036 

4500 

3337 

8682 

4007 

5636 

2911 

182 

5519 

89 

4671 

2638 

-1642 

-117 

-1628 

-29873 

-2042 

-617 

-1278 

-1184 

-1562 

-16942 

-15736 

-1656 

-5018 

-10554 

-1560 

-4341 

-2003 

-2818 

-11003 

-2991 

-2013 

-306 

-205 

-1135 

-1320 

STC 

PAGE 

Action 

T 

T 

T 

T 

T 

T 

T 

T 

T 

T 

T 

T 

2 

w P 

F D 

N 

N 

N 

N 

N 

N 

N 

T N 

T N 

T N 

T 

N 

T N 

T 

N 

N 

N 

T N 

N 

N 

T N 

T N 

T N 

T N 

N 

T N 

T N 

m 

o 

)) 

;::a 

C 

o'TI 

'" C 

"TI"C 

mm 

tQ~ 

;aii):s: 

cg_ 

)::1",2 

;a" C 

-

• .. • - • - • 

RBI LRMPET02 02/02/00 14:40 Landroll Appraisal 1999 

Petitions And Actions Taken by Board Of 5uperviso~~ and State Tax Commission 

Records Added 2- 2-2000 thru 2- 2-2000 Re"ort Se'~uence PARCEL NUMBER 

Parcel Tax ------- Total Assessed ------- 

PARCEL NUMBER 

OWNER NAI'lE Ty"e Dist Before After Change BaS Action 

0704 -30-032. 000 

IMPS ERRONEOUSLY 

0707G-02-033.000 

CLASS I 

0710H-OI-027. 000 

DELETE I ~IP /MOB ILE 

07111-02-024.000 

IMP ERRONEOUSLY 

07111-04-032.000 

DELETE IMP/TORN DOWN 

0711J-OI-018.000 

DELETE I~lPS/BURNED 

0711K-02-021.000 

CLASS I/REFUND TO BE 

0711K-02-078.000 

LOT ERRONEOUSLY 

0711K-02-079.000 

PCL ERRONEOUSLY 

0711K-02-097. 000 

LDT ERRONEOUSLY 

0711L-02-053. 000 

CLASS I 

OB07B-OI-006. 000 

CLASS I 

OB07C-OI-023. 000 

CLASS I 

0807C-OI-024.000 

CLASS I 

0808G-OI-026 001 

LOT ERRONEOUSLY 

08081-02-020. 000 

CLASS 

I 

CLEVELAND, JEWEL B C -TRUSTEE- R 2M 6120 

ASSESSED/CHAF~GED W/2 BARNS THAT ARE NOT ON PROP 

GRANT, JOHN E III & LESLEY S R 2GO 765~ 

WALKER, ELLA IJ 

HOME NOT ALLOWED ON 

LEWIS. OLA P 

ASSESSED 

SMITH. GEORGE M ~R & DOLORES R 3G 

BY PER~\lT 

NICHOLS, CAROLYN 

R 4G 

WALKER, MARIE A & HUFF, CHRIST R 4G 

882, GULFPORT 39502 

R 4G 

MAILED TO:P 0 BOX 

WALKER, RAMSAY L 

ASSESSED 

WALKER, RAMSAY L 

ASSESSED 

WALKER, 

ASSESSED 

CARLL, 

DIX, 

BRIAN 

RAMSAY L 

ELTON 

COLLINS. DOYCE 0 & WF 

CDLLINS, BOYCE 0 ~, ELLEN ~I 

MCCULLAR, MICHAEL L 

ASSESSED 

PRICE, DENNIS W & SHARI P 

R 4GO 

PCl BY CITY OF GULFPORT 

R 3G 

R 4G 

R 4G 

R 4G 

R 2GO 

R 2GO 

R 2GO 

R 4GO 

R 4GO 

0808K-03-124. 001 

PEREZ. ILLA L 

R 2GO 

DELETE IMP 

0809P-02-001. Oil 

WINK INC -LESSEE 

R 2G 

DELETE PCL/LEASE FRDM AIRPORT AUTH CANCELLED 

0809P-02-001.021 

MORAN, SEYMOUR ~, ASSOCIATES-LE R 2G 

DELETE PCl/lEASE FROM AIRPORT AUTH CANCELLED 

0810E-03-021. 000 

STOUT, PEARL B ET AL 

R 4GO 

EXEMPT/NOW BELONGS TO GULF COAST ACTION AGENCY 

OBIOf-03-110.000 

SHELBY, DOROTHY 

R 4GO 

DELETE IMP 

OBIOf-04-036.000 

KENNEDY, JOHN E 

R 4GO 

CLASS I 

0810f-05-016.000 OVERSTREET, ARTHUR M 

R 4GO 

REDUCE lOT SIZE DUE TO HWY 49 EXPANSION 

OBI0f-05-022.000 OVERSTREET. ARTHUR M ET AL R 4GO 

REUCE LOT SIZE DUE TO HWY 49 EXPANSION 

0810F-05-026.000 OVERSTREET, ARTHUR ~1 

R 4GO 

REDUCE LOT SIZE DUE TO HWY 49 EXPANSION 

222~ 

?l8E 

800C, 

28022 

466i" 

2531 

851t. 

265.l! 

77~ 

1546':' 

99( 

7427 

588e· 

756~. 

1828 

24t. 

78~ 

B2~· 

142~ 

537;- 

44 

1062"- 

5585 

5104 

578 

5742 

5026 

2813 

3111 

1688 

7479 

1770 

518 

10312 

660 

4952 

2205 

5043 

1013 

990 

3585 

24 

10223 

-535 

-2552 

-1647 

-2046 

-2974 

-25209 

-1556 

-843 

-1037 

-684 

-256 

-5157 

-330 

-2475 

-3675 

-2522 

-815 

-240 

-785 

-829 

-437 

-1792 

-20 

-401 

-1 

STC 

PAGE 

Action 

3 

w P 

F D 

T 

T 

T 

T 

T 

T 

T 

T 

T 

T 

T 

T 

T 

T 

N 

N 

N 

N 

N 

T N 

T 

T 

N 

N 

N 

N 

T N 

T N 

T 

N 

N 

T N 

T N 

N 

T N 

N 

N 

T N 

N 

T N 

N 

N 

tQ 

o 

:J) 

;::0 

C 

o"T1 

(I) 

c: 

"1"1"0 

mm 

m~ 

;:Qiii3: 

cg_ 

)::Ic:n2 

;J" c: 

-

RBI 

PARCEL 

NUMBER 

LRMPET02 


P~titians And Actions Taken by Board Of Supervisor~ and State Tax Commission 

Records Add"d 2- 2-2000 thru 2- 2-2000 Report Seluence PARCEL NUMBER 

Parcel Tax ------- T·,tal Assessed ------- 

OWNER NMiE Type Dist Before After Change BOS Action 

0810G-02-004. 000 HARVILLE, VALVANEEA U ~, ZENA 0 R 4GO 143"; 

DELETE IMP/BURNED BY FIRE DEPT 

08101-01-019.000 CHANEY, fRED 1, WF R 2G 1038':' 

CLASS I 

081ON-05-04b.000 GARNER, GLENDA M R 4G 1346

• - '. - • - • 

RBI LRMPET02 02/02/00 14:40 Landroll Ap~raisal 1999 

Petitions And Actions Taken by Board Of Supervi50T·~ and state Tax Commission 

Records Added 2- 2-2000 thru 2- 2-2000 Report Se,\uence PARCEL NUMBER 

Parcel Tax ------- T,tal Assessed ------- 

PARCEL NUMBER 

OWNER NAME Type Dist Before After Change BOS Action 

1007N-02-012. 000 HILL, FRANCES T & JOHN 

NO VALUE CHG/NAME CHG ONLY TO HOBBS, ROBERT/JULIE 

10070-01-023. 000 VIATOR, J A JR & THELMA M 

NO VALUE CHG/NAME CORRECTION ONLY TO ERTEL, JAMES M 

1008J-02-002.032 SCHEPENS. STEVEN M & AMY T 

LOT ERRONEOUSLY ASSESSED 

1008K-02-092.000 RICHARDS, JOE AN 

CLASSI/HE DELETED IN ERROR 

1009M-01-069.000 HODA. RONALD 1< WF 

CLASS I 

1009M-03-010.007 

W C FORE TRUCKING INC 

TO CORRECT LOT SIZE 

1010B-02-004.005 

DELETE lMP/NOT 

1010F-OI-021.000 

REDUCE PCL DUE TO 

1010G-OI-008.000 

WILLlAMS. S P 

FINISHED 1-1-1999 

KREMER MARINE INC 

COWAN RD EXPANSION 

SMITH, JERRY LEE 

CLASS I 

1010J-OI-098.011 

CLASS I 

1010K-04-019.000 

LOT SIZE 

1010M-01-034.000 

CLASS I 

101DM-D5-006.000 ROBINSON, LUVENIA 


BOX, CHARLES RANDOLPH ~, SHARRO R 5G 

LACUESTA, RICK !, VIERCHINSKI. 

RECUDED BY COWAN RD EXPANSION 

JArMOE 

R 2GO 

R 2K 

R 2GO 

R 2GO 

R 2G 

R 4G 

R 4G 

11061-01-016 000 DENNISON, HARRY III & ~IARIA E R 50 

CLASS I/NAME CORRECTION TO HOLLEY,PHILLIP/JULIE 

1108H-01-004.000 SMITH, PHILLIP MIll & MARY JO R 5A 

NO VALUE CHG/NANE CHG ONLY TO NALLEY,H B/WF 

1109G-02-007.000 MIGUES, JEFFREY M 

R 5B 

CLASS I 

lI10E-02-027.000 FITZGIBBON, HENRY D & BARBARA R 5B 

NO VALUE CHG/NAME CORRECTION TO RANCHODJEE, MAHADEV 

1110E-OI-059.001 POPE, WALTER D 

R 5B 

EXEMPT/NOW BELONGS TO CITY OF BILOXI 

1208E-OI-004.000 NAUSE, HARRY J 

NO VALUE CHG/NAME CHG ONLY TO SMITH,PHILLIP M 

1208H-02-010. 000 TAYLOR, JAMES E & BONNIE 

R 

R 

R 

R 

R 

R 

R 

R 

2G 

5G 

5G 

5G 

'lG 

R 5A 

I I IIMARY JO 

L R 5A 

DELETE IMP/GONE W/GEORGES 

1209D-02-001.034 BIDDLE, JON A & JOAN DEHNER 

CLASS I 

1209G-01-003. 000 

BILOXI PUBLIC sCHOOL DISTRICT 

EXEMPT/BELONGS TO BILOXI PUBLIC SCHOOL DIST 

1209H-01-004. 000 

BILOXI PUBLIC SCHOOL DISTRICT 

EXEMPT/SCHOOL PROP 

13060-01-047.000 HOWD, INGRID HUSLEY & PAUL 


5B 

5B 

5B 

R 10 

1309B-02-007. 000 LAWSON, KAREN L SOEHINGE HOMAN R lOW 

DELETE IMP/BURNED 

513(: 

8477 

6871 

15000 

10218 

7099~ 

6369 

1474; 

1553 

262g 

5268 

11066 

1163(, 

223[: 

5029 

1704

RBI LRMPET02 02/02/00 14:40 Landrol1 Appraisal 1999 

Petitions And Actions Taken by Board Of Supervisor~ and state Tax Commission 

Records Added 2- 2-2000 thru 2- 2-2000 Report Se'Luence PARCEL NUMBER 

PARCEL NUMBER 

Parcel Tax ------- T ,tal Assessed ------- 

OWNER NAME Type Dist Before After Change BOS Action 

13101-01-052.001 GORENFLO, PATRICIA P R IB 4182 2121 -2061 T N 

PCl ERRONEOUSLY ASSESSED 

1407K-01-021.000 HOLT, JAMES C & GERRY ANN R 1A 392C 654 -3266 T N 


1408D-03-015.000 POLL~lAN, ROBERT P SR & NOREEN R 1A 4832~ 1612 -46713 T N 

DELETE IMP/DBL ASSESSED W/1408D-03-014. 000 

1409C-OI-068. 001 ~lARTIN'J, G N :I< WF R lOW 1738 200 -1538 T N 

DELETE IMP/CLASS I 

1410C-02-015.000 SEKUL. DIANE MARIE R IB 3784 3219 -565 T N 

DELETE IMP 2 OF 2/TORN DOWN 

Change In Total Asses~ment -4-55,92-5 Total Increase Total DecreasE' -465, 9~16 

STC 

PAGE 

Action 

6 

w P 

F D 

OJ 

o 

)) 

:::a 

c 

o 

TI 

UI 

C 

"TI"a 

mm 

DJ~ 

~in3: 

C:O_ 

~~Z 

~ .. C 

-

- . 


Petitions And Actions Taken by Board Of Supervisors and State Ta~ Commission 

Records Added 2- 2-2000 thru 2- 2-2000 Report Sequence OWNER NAME 

Parcel Tax ------- Total Assessed ------- 

• 

'. - 

•RBI -L.RMPET02 P/-l(iE 

W P 

OWNER NAME 

PARCEL-NUMBER Type Dist Before After Chang.. BOS Action STC Action F 0 

------------------------------------------------------------------------------------------------------------------------------------ 

P L 

417 131 -286 

T N 

EQUIP 

BEECH'S MINI WAREHOU 

ERRONEOUSLY ASSESSED 

12536 

W/COMPUTOR 

BUDDY'S INN LOUNGE 15241 

INCORRECT VALUE ON EQUIP 

P G 2120 1614 -506 

T ,~ 

IN 

CAPITAL PREFERRED 

ALL PROP 

YI 

REi10VED 

16346 

1998 

P G 7562 

-7562 

T N 

COLONIAL PACIFIC LEA 

INCORRECT VALUES 

CUMBER LANDS BUY & SE 

BURNED 

ELROD 

CONSTRUCTION 

BUS CLOSED 1-1-1999 

FLEET BUSINESS CREDI 


G E CAPITAL COMPUTER 







INCORRECT VALVES 

G E CAPITAL CORP 





OOB 1998 



GULF SOUTH OUTPATIEN 

OOB 1998 

J & J TOBACCO STORE 

INVENTORY VALUE 

MADDEN'S VENDING 

OOB IN 1995 

MAGIC MIRROR IMAGES 

OOB SINCE 1997 

NATIONAL PROCESSING 


OK HEE FASHION & BEA 

INVENTORY REPORTED 

ROXCO GENERAL CONTRA 

EQUIP REMOVED FROM 

SOUTHERN COMMUNICATI 

9370 

16037 

15298 

17082 

W/LEASED EQUIP 

13756 

15056 

16358 

15058 

8178 

8195 

16414 

10179 

6808 

P B 

P 

P 

KW 

P L 

P 

P 

P 

P 

B 

P GO 

P B 

P L 

DW 

P L 

G 

B 

P G 

422 P GO 

REPORTED INCORRECTLY SOME EQUIP DISPOSED OF 

15235 P GO 

16585 

12858 

W/LEASED EQUIP 

14009 

INCORRECTLY 

16247 

HARRISON COUNTY IN 1998 

15719 

OW 

P G 

P G 

P G 

P M 

SPECTACLES UNLIMITED 16040 

P G 

INVENTORY REPORTED INCORRECTLY SOME EGUIP DISPOSED OF 

TRANS LEASING INTERN 16430 

P P 

ERRONEOUSLY ASSESSED W/LEASED EQUIP 

P B 

9648 

6833 

1610, 

791 

1950 

775B 

795 

1061 

1776 

6387 

173 

4220 

62576 

7443 

375 

2331 

161 

12463 

1482 

43911 

7282 

646 

414 -9234 

-6833 

-1616 

215 -576 

IS85 

-6ft 

~;.-~'~",j 

5369 ,,,,,,~ 

~:.,;..~~--..- 

_-6n· -144 

148 -913 

528 -1250 

4284 -2103 

-173 

1669 -2551 

-62576 

2715 -4728 

-375 

-2331 

-161 

3268 -9195 

-1482 

2456 -41455 

2583 -4699 

537 -109 

T 

N 

T .~ 

T~'" 

T 

N 

T .~ 

TN 

T N 

T ,~ 

T N 

T N 

T ,~ 

T N 

T 

T 

N 

T ,~ 

N 

T N 

T ,~ 

T N 

T N 

T ,~ 

T N 

T 

N 

~ 

e 

;tlI 

;:a 

C 

o 

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C 

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RBI 

OWNER 

NAME 

LRMPET02 


Petitions And Actions Taken by Board Of Supervisors and State Tax Commission 

Records Added 2- 2-2000 thru 2- 2-2000 Report Sequence OWNER NAME 

Parcel Tax ------- lotal Assessed ------- 

PARCEL-NUMBER Type Dist nefor~ After Change BOS Action 

TRANS LEASING INTERN 9248 P G 13366 

ERRONEOUSLY ASSESSED W/LEASED EOUIP 

TRANS LEASING INTERN 9251 P B 1932 

ICORRECTLY ASSESSED W/LEASED EQUIp 

TRANS LEASING INTERN 14717 P GO 1185 

ERRONEOUSLY ASSESSED W/LEASED EQUIP 

WATERVIEW RESOLUTION 7116 P G 15749 


WATERVIEW RESOLUTION 15767 ..: .. ~ P M 7410 

VOTHING IN THIS TAX DIST FOR 1999 

WATERVIEW RESDLUTION 17133 .."f":" ~ 

P L 743

63 

• 

MINUTE BOOK 



I 

IT IS FURTHER ORDERED by the Board, upon the recommendation of the 

Tax Assessor, that the changes in said assessment be and they are HEREBY 

APPROVED. 


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

vote with the fOllowing results: 



• 

supervIsor MARLIN R. LADNER voted 



AYE 

AYE 

AYE 

AYE 

AYE 


I 




• 

* * * 

I 

•

64 

MINUTE BOOK 



• 

Supervisor CONNIE M. ROCKCO moved adoption of the fallowing: 

ORDER APPROVING PETITION TO REDUCE PERSONAL 

PROPERTY ON LOCAL ASSESSED PUBLIC UTILITY ROLL 


I 

MISSISSIPPI, that the Board does HEREBY APPROVE petition to reduce personal 

property on local assessed publiC utility roll, said petition being in the 

following form, words, and figures: 

• 

I 

• 

I 

•

_ 

65 

• 

MINUTE BOOK 


FEBRUARY 2000 TERM---- 

I 

PETITlO~ 

I'L£.UE. SUaMrr::"l :: 

FOR REDt:CTI' 

0; Rr taiL! Y.A\l6*fjl {nt1Ri 'cncc. 

.: OF _-\..SSESS~I:E:.'iT 

: ".~. _-,Q~7"---__ Rcac:. ~;'S':. _ 

~::SS:l~.:i:t"Pl 

:out:-:'! '::- 

hZt'tisofi 

ArTln~v!~ TOR 

CHAHC~ 

CQUllTY 

• 

awner 

I 

SXUE or MISSt.sttPPI 

HARRISCN 

IIJ1()(I_-1'3 -cv4.ud Col. I I Col. 2 Col. 3 ! Col. ~ ! Total I Change 

Change FroVJ I I I 131n7Q~ \ '(n"1{,,9 

Change To I I I I c9-00;J.4 I 

",pplicillJ:.1cn is; hl!lraby ru,08 by, or 

rtlduc:..:..on of a•••••__.n~ • .anr;1 the pa~1.I!:' 

!it.teo a.re ~r1I•• 

6-tJ" QLreN t3- 

~ Or HllI:SUSlPFJ 

=_...lb\c0tu-=:;~:..:..::.;;;~;...,;,.)"'..;....__ 

_ 

I\FrtAlI'T________________ Tl\XrATEp. _ 

W1tn••• my .~qn.~ur~ ~hi. ~h. ~~ day ot ~>v~~~g~O~~~~· _=~~ 

'tAX ASSmOll 

,2t1A~\fs= 

QlUlz::R or ..QIJlD 

• 

It .p-p-arinq to thll aoard o~ Sup.n-iaar!l from avid.enee. bQl;.h C1ra.l a.nd d~n't.&ry 

offerBd. in lI\lpparc of ~d applil:a::'1cn ~hat the ••••••1:1*1'1.1::. snou~d be ctlangad c:: reauc.ci; 

!'r 1.5, ~. OR:IJI:U:D by 1:.he Bc.rd. :::~ su~ervJ..!lg.tIl c~ MaJlJ\.bJ~j~ 

Coum:." ~·U'n.a!ll.PP,1.. t:.ha't,. a 'C.o~al redUI;~l.On c~ the a ••••llm.nt:. en ...i.d. roll ct S Ie., 7'=-7 

arid ••id .chan'qttS be1.nq tor th_ y••r l~9.:1; 

I.T IS ~ OJttl~. 't.ha't. ':one. ClarK c::! this 8oa.rc:. c.~~!y 't.'Wo CCP1.1!::11 o~ th.i$ oraer 

':.0 t:n8 Sl:.&'t.e Ta.x CCllllDl,•• ~Cn, for 1.~S approva.i. c=r d,1.sapproval, and i~ the toreg01.nc;:J oreer De 

a~rDV.t1 by 't.he St.a't.e 't'U ComtB.Ls.a1.0r ;:'0/ ton. c-t.rK c-: t.his. BQ.rd. is hll~eoy aut:hOrl.:.e:d. and. 

clirec"t.ad 't.~ Chant;ll! 't.ne Or1.cp..na.l A••8 ••mlen'C RQll in hl.!l off1I;liil, and "t,ha Tax C~118t:T:.Cr :::t -:'hi.S1 

CQun'l;Y 1.5 nereoy autn.o=.:.el1 and di.t"!!!:eted '::.:::: cnant;tll!! tnp: copy 1.n h1.S pO•••••1.Qn ~::li contort\) ..... 1.~~ 

't.ne prCVl.llil.OnS c=! thi..s crttll-r. and thl! Tax C;llle.c~== c. gJ..vt=n ttl8 pr~er :redio:. t.hll!!.retor. 

""nc:luc.1.ng dl.str:..:::-:. l:.ax•• , and. H~••l:..ad t:xtl:m~~l.on, :..: ..ny. De ad}usl:..d.. 

ollJ:l!::R.ED ANn AIlJUtJCt:tJ t.:.:.~ t:he day e! _ , a 

"--' 

I 

., ::=_ as ~;-.':'! llarn'l!!! ~?pe~;::~ ...... PAqe ::! 

__________________ ~n .1l..1-~ ':::J~nty, 

WU:,ness r:-":' nano .a.::.~ :::!!':';;.z.':' s.a.':", ~:-:'l..s: :::l;!\Y c! _ 

Bco r 

> 

..- -='----C;:"i~.="'r.,...--~~..,.......=.. &-r-Q-c..,'-~-u-""-r.,..v..,i,.,•.,..o.,..r~.~o':",.,.~.:-:,-:"-;-:

66 

MINUTE BOOK 



• 

supervisor WILLIAM W. MARTIN seconded the motion to adopt the 



I 


Supervisor LARRY BEI\IEFIELD voted 


AYE 

AYE 

AYE 


AYE 

Supervisor CONNIE M. ROCKeO voted 

AYE 


• 




* * * 

I 

• 

I 

•

67 

• 

MINUTE BOOK 



I 

supervisor WILLIAM W. MARTIN moved adoption of the following: 

ORDER AUTHORIZINC THE TAX COLLECTOR TO DESTROY 

RECORDS ACCORDINC TO RETENTION SCHEDULES, AS LISTED 


MISSISSIPPI, that the Board does HEREBY AUTHORIZE the Tax Collector to 

destroy the fOllowing records according, to retention schedUles: 

1) Tag and registration receipts for calendar years 1983 thru 1985 in 

compliance With R. S. GSC 1202. 

2) Tax collection reports for calendar years 1993 thru 1995 in 

• compliance with R. S. GSC 1210. 

3) county Privilege license fee collection reports for 1995 in 

compliance With R. S. GSC 1208. 

4) Casual Sales Tax, Use Tax Collection reports for 1992 & 1993 in 

I compliance With R. S. GSC 1207. 

5) All damaged & outdated license plates, per list on file With the Clerk 

of the Board. 


• 


vote With the following reSUlts: 


supervisor LARRY BENEFIELD voted 


supervisor WILLIAM W. MARTIN voted 

AYE 

AYE 

AYE 

AYE 

I 

Supervisor CONNIE M. ROCKeo voted 

AYE 


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


• 


* * *

68 

MINUTE BOOK 



Supervisor LARRY BENEFIELD moved adoption of the following: 

ORDER APPROVINC APPLICATIONS FOR PAYMENT TO SAMUEL 

B. DAY CONSTRUCTION, INC. AND J.W. PUCKETT & co., AS 

RECOMMENDED BY BOBBY KNESAL, COUNTY ENCINEER 

• 

I 


MISSISSIPPI that the Board, upon the recommendation of Bobby Knesal, 

county Engineer, does HEREBY ApPROVE payment of the following 

applications for payment: 

1) Application No.2, $4,950.00 to Samuel B. Day Construction, Inc. for 

the Saucier Citizens Center. 

2) APPlication No.2, $60,444.00 to Samuel B. Day construction, Inc. for 

• 

the Skate park Phase Three. 

3) Application NO.5, $6,926.00 to J.W. Puckett & Co. for the Harrison 

county Fairgrounds Horse Barn. 

Supervisor MARLIN R. LADNER seconded the motion to adopt the 


I 




Supervisor MARLlI\I R. LADI\IER voted 



AYE 

AYE 

AYE 

AYE 

AYE 

• 





* * * 

I 

•

69 

MINUTE BOOK 



I 


ORDER ACKNOWLEDGING RECEIPT OF CHECK NUMBER 

91745783 FROM NATIONWIDE INSURANCE IN THE AMOUNT OF 

$1,154.34 FOR REPAIRS TO BRIDGE SA24-69 ON ALCEDE 

L1ZANA ROAD 

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISOI\l COUNTY, 

MISSISSIPPI, that the Board does HEREBY ACKNOWLEDGE RECEIPT of check 

number 91745783 from Nationwide Insurance in the amount of $1,154.34 for 

repairs to Bridge SA24·69 on A/cede Lizana Road, to be credited to account 

• 

160-360-531. 


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


I 




SuperVisor WILLIAIVI W. MARTIN voted 


AYE 

AYE 

AYE 

AYE 

AYE 

• 





* * 

I 

•

70 

MINUTE BOOK 



Supervisor CONNIE M. ROCKCO moved adoption of the following: 

ORDER ADJUDICATING THE POSTING OF 14,000 LBS. 

RESTRICTION ON THREE BRIDGES: SA24-129 AND SA24-133 

ON EDWIN LADNER ROAD, AND SA24-5 ON FRED DIAMOND 

ROAD, AS RECOMMENDED BY ROBERT WEAVER, BRIDGE AND 

TRAFFIC 

• 

I 


IVIISSISSIPPI, that the Board, upon the recommendation of Robert weaver, 

Bridge & Traffic, does HEREBY ADJUDICATE the posting of 14,000 Ibs. 

restriction on three bridges: SA24-129 and SA24-133 on Edwin Ladner Road, 

and SA24-5 on Fred Diamond Road, as recommended by Robert Weaver, 

Bridge and Traffic. The recommendations of Robert Weaver are as follows: 

• 

I 

• 

I 

•

71 

• 

MINUTE BOOK 



I 

H 

ARRISON COUNTY 

tj{I~Of".""~"~~~ 

I't"';";~ 

,,",\,: SUPIi 

- BOARD OFSUPERVISORS ;; ~ 

• 

February 2. 2000 

,J'~"\f 

15309-C COMMUNITY ROAD' GmRa'T. ~'''SIP''39503 f{,X"~ "~ 

(22S) 832-2679 ~~1~ 

72 

MINUTE BOOK 



• 

I 

H 

ARRISON COUNTY 

BOARD OF SUPERVISORS 

15309-CCOMMUNITY ROAD· GULFPORT, MrSSISSlPpr 39503 

(228) 832-2679 


• 

aoard of Supervisors 

Re: 

Bridge SA24-S 

Freel Di~mond Road 

I am requesting that the Board consider adjudicating the posting restriction of 

14,000 Ibs. for the above noted structure, due to several deterioratGd piling. 

~f you $ ould /lave any questions, please call. 

~~~'- / 

obert Weaver 

sh 

I 

• 

ItOBE:!irrWE.AVER 

AftlslalLl ROoIod. Mwalll:T 

I 

•

MINUTE BOOK 



73 

I 








AYE 

AYE 

AYE 

AYE 


AYE 

• 





I 

* * * 

• 

I 

•

74 

MINUTE BOOK 



Supervisor MARLIN R. LADNER moved adoption of the following: 

ORDER ADJUDICATING BURIAL OF A HORSE BELONGING TO MR. 

SAUNDERS IN DELISLE IN SUPERVISOR'S VOTING DISTRICT 3 


• 

I 

MISSISSIPPI, that the Board does HEREBY ADJUDICATE burial of a horse 

belonging to Mr. Saunders in Delisle in Supervisor's Voting District 3, the 

certificate being on file with the Clerk of the Board. 





AYE 

• 





AYE 

AYE 

AYE 

AYE 

I 





• 

* * 

I 

•

MINUTE BOOK 



75 

I 

Supervisor LARRY BENEFIELD moved adoption of the fOllowing: 

ORDER APPROVING TERMINATIONS. AS LISTED 


MISSISSIPPI, that the Board does HEREBY APPROVE the following termination: 

Ray Romero, Sand Beach, Equipment Operator II, effective January 31, 

2000. 


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

• 


supervisor BOBBY ELEUTERIU$ voted 

AYE 



AYE 

AYE 

I 


AYE 


AYE 


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


• 


* * * 

I 

•

76 

MINUTE BOOK 




ORDER ACCEPTING RESIGNATIONS, AS LISTED 


• 

I 

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

Shanon Dobbins, Parks & Recreation, Mower operator, effective January 

4,2000. 

supervisor CONNIE M. ROCKCO seconded the motion to adopt the 


vote With the fOllowing results: 


AYE 

• 



AYE 

AYE 


AYE 

supervisor COI\II\IIE M. ROCKCO voted 

AYE 


I 




• 

* * * 

I 

•

77 

• 

MINUTE BOOK 



I 


ORDER CONCURRING WITH COUNTY ADMINISTRATOR ON 

REPLACEMENTS AND CHANGES, AS LISTED 

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISOIIJ COUIIJTY, 

MISSISSIPPI, that the Board does HEREBY CONCUR with the County 

Administrator on the following replacements and changes: 

Jeff Vogt, Sand Beach, Equipment Operator II, slot change going from 

$8.67 per hour to $9.19 per hour, effective January 31,2000 (replacing Ray 

• 

Romero who was making $9.19 per hour>. 

Joe scarborough, Sand Beach, Equipment Operator I, title change going 

to Equipment Operator II, salary change going from $7.72 per hour to $8.67 

per hour, effective January 31, 2000 (replacing Jeff vogt who was making 

I 

$8.67 per hourl. 

wayne Kopszywa, Sand Beach, Equipment Operator I, slot change going 

from $7.72 per hour to $7.88 per hour, effective January 31, 2000 (replacing 

Jimmie Webb who was making $7.88 per hour>. 

supervisor LARRY BENEFIELD seconded the motion to adopt the above 

• 

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

with the following reSUlts: 


AYE 


Supervisor MARLlI\I R. LADI\IER voted 


SuperVisor CONNIE M. ROCKCO voted 

AYE 

AYE 

AYE 

AYE 

I 




• 

THIS, the 7th day Of February 2000. 

* * *

78 

MINUTE BOOK 




ORDER CONCURRING WITH ROAD DEPARTMENT ON 

REPLACEMENTS AND CHANGES, AS LISTED 


• 

I 

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

onthe following replacements and changes: 

Patrick Taranto, RoadlD'lberville WC, Equipment Operator III, regular full 

time at a rate of $911.42 bimonthly, effective January 27,2000 (replacing 

George Meaut who was making $911.42 bimonthlyl. 



• 

vote with the following reSUlts: 





supervisor CONNIE M. ROCKCO voted 

AYE 

AYE 

AYE 

AYE 

AYE 

I 

The Motion having received the affirmative vote from the majOrity of 



• 


* * 

I 

•

MINUTE BOOK 



79 

I 


ORDER APPROVINC PAYMENT OF ACCIDENT RELATED CLAIMS, 

AS LISTED 


MISSISSIPPI, that the Board does HEREBY APPROVE payment of accident 

related claim to claimant Rodger Wayne Alewine Jr" $99.97 for damage to 

clothing. 



• vote with the following results: 



AYE 

AYE 

I 


AYE 


AYE 


AYE 



• 



* * * 

I 

•

80 

MINUTE BOOK 



supervisor WILLIAM W. MARTIN moved adoption of the following: 

ORDER APPROVING PAYMENT OF ACCIDENT RELATED CLAIMS. 

AS LISTED 


• 

I 

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

accident related claims: 

1) $210.25 to Associated AdjUsters, Inc., for services rendered on 

claimant Empire Management Services, Inc.lHertz Rent a Car. 

2) $641.02 to Associated Adjusters, Inc., for services rendered on 

claimant Tina Marie Mason. 

3) $159.69 to Associated Adjusters, Inc., for services rendered on 

• 

claimant Herbert Bowe, et at 

Supervisor LARRY BENEFIELD seconded the motion to adopt the above 

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

With the following reSUlts: 


AYE 

I 




Supervisor CONNIE M. ROCKeO voted 

AYE 

AYE 

AYE 

AYE 

• 





* * * 

I 

•

• 

MINUTE BOOK 



81 

I 


ORDER ACCEPTING THE LOWEST BID RECEIVED FOR BID #001, 

THREE (3) LIOUID PE"rROLEUM GAS GENERATORS FOR THE FIRE 

SERVICES DEPARTMENT, FROM K & R SERVICE, INC. AT 

$10,778.00 EACH FOR A TOTAL COST OF $32,334.00, AS 

RECOMMENDED BY GEORGE M. MIXON, FIRE COORDINATOR 

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

1. That this Board, at a meeting heretofore held on the 6th day of 

December 1999, adopted an order authorizing and directing the Clerk of the 

Board to cause pUblication to be made of Notice of Invitation to Bid for Bid 

• 

#001, Three (3) Liquid Petroleum Gas Generators. 

2. That as directed in the aforesaid Order, said Notice of Invitation to 

Bid was published in The Sun Herald newspaper, a newspaper published and 

having a general circulation in Harrison county, Mississippi for more than one 

I 

(1) year next immediately preceding the date of said Order directing 

publication of said Notice, and that the Publisher'S Affidavit of Proof of 

publication has been filed with the Clerk of this Board, by said Clerk exhibited 

to the Board, and shows that said Notice of Invitation to Bid was publiShed 

on the 7th and 10th days of January 2000. 

• 

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

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

seven (7) working days prior to January 20, 2000, the day fixed for receiving 

said bids in the Order identified in paragraph one thereof, said proof of 

Publication being in the following form, words, and figures, to-wit: 

I 

•

82 

MINUTE BOOK 



PROOF OF PUBLICATION 



Before me, the undersigne~)Notary Public 

Mississippi, personally appeared --"U'..(,.. / ....."'-'-..............'--J.-J-.""".J-!..Y!~,A.... __ 

who, being by me first duly sworn, did depose and say that she is a 

clerk of The Sun Herald , a newspaper published in the city 

Gulfport 

notice. 

Printer's Fee 

,in Harrison County, Mississippi, and that publication of the 

notice. a copy of which is hereto attached. has been made in said 

paper~ times in the following numbers and on the following dates 

of such paper, viz: 

Vol. , \ lo No,~ dated ---1.- day Of~3illD 

Vol..----L,I",-Iu-Io,--- No.,~ dated~day o~, ?6...Q.0 

Vol. No.,__~ dated . day of , 19__ 

Vol. No., dated day of , 19 __" 

Vol. No., dated day of , ] 9__" 

Vol. No., dated day of , 19__ 


Affiant further states on oath that said newspaper has been 

established and published continuously in said county for a period of 

more than twelve months next prior to the first publication of said 

Furnishing proof of publication 

TOTAL 

lb (ill; Q.1l "~IwQ U. 

Clerk 

Sworn to and subscribed before me this / D day of 

,A\., Z6 .Lt'J . \. " - ") 

VE~i~~~ s (..Ij,V~ L~~ Q0~c2U 

$t!'!leofMissi'l$lppi = Notary Public 

My C~mmmsion EJ;pites on Av:1129. 2001 

/6r. 02 

$ ----'--=-"'--=---~- 

I (10 

$----"..i.tl"..,,"~c=--- 

$__.:..../_1...1-1--'-·._0_2.-__ 

• 

I 

• 

I 

• 

4. That on January 10, 2000, this Board appointed its representatives to 

I 

receive bids on the appointed date. That bids were received at the time and 

place and in the manner provided in said Notice Of InVitation to Bid. The 

following bids were received: 

•

83 

MINUTE BOOK 



I 

TABULATION SHEET FOR BID #001 

THREE (3) LIQUID PETROLEUM G,ENERATORS 

FOR THE FIRE SERVICES DEPARTMENT 

• 

L...-__B_ID_D_E_R__I MANUFACTURER 

I BID PRICE EACH 

K&R 

GENERAC 

SERVICES 

MODEL SG0035 

INC. GENERATOR $10,778.00 

I 

CUMMINS 

ONAN 

MID-SOUTH 

MODELGGFB 

LLC. GENERATOR $11,639.00 

MORGAN 

GENERAC 

ENGINE & SUPPLY MODEL SG035 

COMPANY, INC. GENERATOR $11,273.00 

• 

KOSSEN 

KOHLER 

EQUIPMENT 

MODEL 35RZ 

INC. GENERATOR $11,257.66 

KENNEDY 

ENGINE 

GENERAC 

MODEL SG035 

GENERATOR $12,184.09 

I 

•

84 

MINUTE BOOK 



• 

I 

MINIMUM Specifications and Bid Form for three (3) Liquid Petroleum Gas Fueled Generators 

GENERAL: 

• 

1. The bid price shall remain valid for a period of sixty (60) days after the bid opening date. 

2. The bid price shall include all freight, unloading, installation and rigging fees. 

3. Detailed technical specifications for the equipment being offered must accompany the bid. 

4. Details of the manufacturer's warranty must be included with the bid. 

5. Technical questions not addressed in these specifications should be submitted in writing to 

the Purchasing Department, to be answered by Mr. George M. Mixon, Harrison County Fire 

Coordinator, office telephone number (228) 832-0638. 

BID PRICE $ 10,778.(,){) EACH I 

Generator Manufacturer's Brand Name: _---'lG.. EllN.. E""R""A",.C 

_ 

Delivery Schedule: .:..8_--,-1O.:.-W""E::.;E::.;K""S:....- _ 

warranty: _----'Q.!!N.!.JE~YuE;...:A:l.tR"'__"S'_'T ....A.... N

85 

• 

MINUTE BOOK 



I 

• 

Services, Inc. 


1911 Kenneth Avenue 

Pascagoula, MS 39567 

228-762-8535 

I 


Harrison County Purchasing Department 

First Judicial District Courthouse 

1801-23" Avenue 


Gentlemen: 

We are pleased to otTer the following quote for your information and consideration. 

Three liquid petroleum gas engine driven generator set(s) consisting of the following typecode and 

accessories:. 

SG0035-A164.3Ll8CDYYC (GENERAC) 

• 

I 

4.3 L liquid petroleum gas fueled engine.. 

1% voltage regulation 

"C" option control panel with: 

AC meter package 

phase selector Switch 

cyclic cranking with crank limiter 

voltage adjust rheostat 

hourmeter 

oil pressure and coolant temperature gauges 

DC battery charge ammeter 

panel light 

lamp lest/reset switch 

Auto/OtT/Manual switch with red "Not in Auto: annunciation light 

Latched shutdowns 

Five light annunciation for: 

Low oil pressure 

High coolant temperature 

Overcrank 

Overspeed 

RPM sensor loss 

Electronic isochronous governor with a 0.5% frequency regulation 

175 Amp main line UL listed circuit breaker 

•

86 

MINUTE BOOK 



• 

I 


Page 2 

Fuel shut-offsolenoid valve 

Secondary fuel regulator/vaporizer 

Engine coolant heater 

Battery charging alternator 

Battery cables 

Solenoid activated staner motor 

Air cleaner and oil filter with internal bypass 

Oil and antifreeze 

Oil and radiator drain extensions 

Vibration isolators between engine/alternator and base frame 

Cool flow radiator with fan guards 

Outdoor weather protective Standard enclosure 

Installed critical mumer 

Air Duct Adapter 

90AH 12 vdc Battery (Type 27) 

Standard Flex Exhaust 

Coolant Heater 

2 Amp 12 vdc Battery Charger 

Y." LP Liquid Flex Fuel Line 

3"X18" Vibration Pads 

2 sets ofOwner's Manuals per unit 

Base price: $8,858.00* Harrison County 

'(Price quoted is per unit.) 

Price does not include installation or rigging. 

Price does not include hook-up or fuel for testing. 

Price includes delivery to customer's site. 

Please allow 8 to 10 weeks for delivery from date ofreceiving your PO and your signed 

acceptance ofthe correctness ofthis bill ofmaterials. 

This price is valid for sixty days. 

Order may not be cancelled after release for production. 

• 

I 

• 

Three automatic transfer switchs consisting of the following type code nnd accessories: 

GTSOI5W-2A2LSNC 

2 pole, 150 amp transfer switch rated at 600 volts 

Time delay neutral with in phase monitor 

Safety disconnect switch 

System voltage 120/240 VAC single phase 

Utility voltage sensing controls: 

Drop-out and pick-up (70 to 95% adjustable) 

Utility interrupt delay (.1 to 10 seconds adjustable) 

Two wire stan system 

Adjustable logic control 

Standard exerciser 

NEMA 3R enclosure 

I 

•

87 

• 

MINUTE BOOK 



I 


Page 3 

• 

Standard 12 month warranty 

UL 1008 listed 

(2) sets ofOwner's Manuals per unit 

Base price: $1,920.00* Harrison County 

'(Price quoted is per unit.) 

I 

Please allow 8 to 10 weeks for delivery from date ofreceiving your PO and your signed 




Price does not include installation or rigging.. 

Thanks for your business! 

Very tru Iy yours, 

K & R Services, Inc. 

• 

1/!tILf(~ 

Robert N. Fortenberry 

RNF/rng 

I 

•

88 

MINUTE BOOK 



• 

I 

GENERAC'S STANDARD 1 YEAR LIMITED WARRANTY FOR STANDBY POWER SYSTEMS 

For a period of one (1) year or 1500 hours of operation from the date of original sale, whichever o

89 

MINUTE BOOK 



I 


GENERAL: 

• 





I 

5. 

Technical questions not addressed in these specifications should be submitted in writing to 



810 PRICE $ 11,257.66 EACH 

Generator Manufacturer's Brand Name: __K_o_h_l_e_r ~ _ 

Delivery Schedule: __1_3_w_e_e_k_s 

• 

Warranty: 1 - Year 

I certify that the eqoipment being offered meets or exceeds the foregoing specifications. 

_ 

DATE: January 17, 2000 

VENDOR:Kossen 

EqUiPment~~~ 

-rf--t-'/ Power System Sales 

SIGNED BY (Name and Title): ..."L,~f--..s..c:..::;::.=L::----=---------------- 

ADDRESS: 748 Lakeside Drive, Mobile, AL 36693 

I 

TELEPHONE: 334-602-1444 FAX: 334-602-1411 

Please submit your bid on this form. Failure to do 50 may disqualify your bid. 

• 

BID #001 TO BE OPENED JANUARY 20, 2000

gO 

MINUTE BOOK 



• 

I 

QUOTE # MSOO-OI08 

BILL OF MATERIAL 

FOR 

STANDBY GENERATOR SYSTEMS 

HARRISON COUNTY FIRE DEPARTMENT 

• 

Rated 

35kW 

Voltage 

120/240 

Phase 

I 

Wire 

3 

Quantity of Three (3) Kohler Model 35RZ LP Engine Driven Generators 

Each equipped with the following: 

Dec-3+ 7 Light Controller 

I 

Weather Housing Complete with 

Critical Silencer, Mounted 

Tail Pipe and Rain Cap 

LP Fuel System 

Engine and Generator Accessories 

Starting Battery 

Battery Rack and Cables 

Battery Charger, 12V, 6 Amp, Float 1Equalized Type 

Line Circuit Breaker 

Oil Drain Extension 

• 

Automatic Transfer Switch 

Kohler Model GLS-164233-l50, 150 Amp, 240 V, 2 Pole, 1 Ph, 3 Wire, NEMA-3R 

KA-23-WB Plant Exerci,er 

Miscellaneous Items 

Standard One (1) Year Warranty 

One (1) Genera! Maintenance Literature Kit 

Lube Oil and Antifreeze 

Installation Supervision 

Initial Test and Startup 

NOTES: Pricing does not include off-unit wiring, piping, rigging, fuel oil, etc. 

I 

•

• 0'0- .. 

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

• 

MINUTE BOOK 



91 

I 

KOHLER~POWER SYSTEMS 

• 

I 

L 0 

U.SA Pl4nllSO Registered 

• 

Generator Ratings 

I 

, 

_ 

Model: 35RZ 

Gas/Gasoline 

Standard Features 

• Kohler Co. provides one-source responsibility for 

the generating system and accessorles. 

• All generator sets and components are prototype 

tested, factory built, and production tested. 

• Generator set provides one-step load acceptance 

per NFPA 110. 

• A one-year limited warranty covers all systems and 

components. Two-, five-, and ten-year extended 

warranties are available. 

• Generator features: 

o Kohler's unique Fast-Response ~ excitation 

_o J 

system delivers the fastest voltage response In 

the Industry. 

o Brushless, rotating-field generator has 

broadrange reconnectablllty. 

o Kohler's permanent magnet excited generator 

(PMG) provides superior Short-circuit capability. 

• Other features: 

o Controllers are available to meet all applications. 

See controller features Inside. 

, 

I Standby I 

iModel I Vollage I 

I Amps 

Standby Ratings, kW/kVA Prime Power, kW/kVA 

Generator I 

I 

I Series Code i Voltage I Gasoline Pha•• Hz Model Nat. Gas LP Ga. Gasoline Nat. Gas 

I 

LP Gas Gasoline I 

I35RZ :_~0/240J 105 I 3 60 4P5B i 35/44 35/44 35/44 32140 32/40 I 

32/1R 

i 35RZ ,51 139/240 "I 105 I 3 60 4P5B 35/44 35/44 35/44 32140 32/40 32/40 

r-----=.---,---~ 

: 35RZ '51 127/220 115 3 60 4P5B 35/44 35/44 35/44 I 32/40 I 32/40 i 32/40 I 

, 

.- 

'35RZ 

61 120/240 146 ! 1 60 4P7B , 35/35 35/35 r-35/35-r" 32/32 32/32 I 32/32 I 

I , 

_..- - ,- 

,35RZ 71 277/480 53 3 60 4P5B 35/44 35/44 35/44 I 32/40 32140 32/40 

.. .. -_..•. 

'35RZ 

71 220/380 66 3 60 4P5B 35/44 35/44 35/44 32/40 32/40 32/40 

~~,."-,-,.- 

i35RZ 81 1201208 121 3 60 4P5B 35/44 ...__. 35/44 35/44 32/40 I 32140 i 32/4~_ 

; 35RZ 91 347/600 42 3 60 4P5B 35/44 35/44 

"--_._. 

35/44 32/40 

i 32/40 i 32/40 

~..~.. 

,35RF2 01 110/220 

.. 

98 3 50 4P5B 30/38 30/38 30/38 27/34 27/34 27/34 

,35RFZ 51 110/190 '14 3 50 I 4P5B 30/38 30/38 I 30/38 27/34 27/34 27/34 

.._- 

,35RFZ 61 110/220 136 1 50 i 4P78 30/30 30/30 I 30/30 I 27/27 I 27/27 27/27 

i--------- .. 

,35RFZ 71 220/380 57 3 50 ! 4P58 30/38 30/38 30/38 27/34 27/34 

- 

i 35RFZ 71 230/400 54 3 50 I 4P5B 30/38 I 30/38 1 30/38 27/34 27/34 27/34 

I 35RFZ 71 2401416 52 3 50 4P5B 30/38 I 30/38 T 30/38 27/34 27/34 27/34 

._.- 

vi34"" 

r35RFZ 

I 

81 120/208 104 3 50 4P5B 30/38 30/38 30/38 27/34 27/34 27/34 

~_.,. 

- ----.:..::.. 

RAT!NGS. Standtry raltngs IIr", ~"hnuous forthc durilllOn of ally ~rO&It0941. No OVElr1o...d cap3Clty I:> .speclf,ed al tru", rating, Prime (llhn9s llUl r:onllnuout per BS 5514, DIN 6271, ISO-.3045. all(liEC 

• 

3-4-1 witt'l10% overload capaCity Mil Mour 111 twe!IJe ~",",r$. AU Single-phase units llr(t nlted III 10P\1Wer fllctO(, All 3-ph.A!.1!I units ere rated III OB 1JOW9r la(:l:Of. COlltact the f

-_._.~--- 

92 

MINUTE BOOK 



• 

I 

Alternator Specifications 

ISpecifications 

M anufBclurer 

Type ..... 

Exciter type ... _ 

Number of leads. 

Voltage regulator . 

Insulation: NEMA MG1·1.66, 

I 

• 

I Matenal. 

... Class H 

Temperature rise .. 

130" C. Standby 

Bearing, number 

I 

j type .. 

1, Sealed 

Coupling . 

Flexible Disc 

Amortisseur windings 

Full 

Voltage regulation, no load to full load =:2% 

One-step load acceptance per NFPA 110 100% of Rating 

Peak motor starting kVA 

(35% dip for 480 V, 60 Hz 'I 

and 380 V, 50 Hz) 

4P5B 

130 (60 Hz), 90 (50 Hz) 

4P7B 

175 (60 Hz), 125 (50 Hz) I 

Engine 

Fast-Response .... 

Generator 

Kohler 

4~pole, Rotating Field 

Brushless. 

Permanent Magnet 

12. Reconnectable 

Solid State, Volts/Hz 

Application Data 

• Compliance wit'! NEMA. IEEE, and ANSI standards 

for temperature rise. 

• Sustainad short-circuit current up to 300% of rated 

current for up to 10 seconds. 

• Sustained short-circuit capability enabling 

downstream circuit breakers to trip without collapsing 

the generator field. 

• Self-ventilation and drip-proof construction, 

• Vacuum-impregnated windings with fungus-resistant 

epoxy varnish for dependability and long life. 

• Superior voltage waveform from a two-thirds pitch 

stator and skewed rotor. 

• Solid-state, volts-per-hertz voltage regulator with ±2% 

no·load to full·load regulation. 

• Fast-Response ~ brushless alternator with brushless 

exciter for excellent load response. 

Engine Electrical 

60 Hz I 50 Hz Engine Electtical System I 60Hz I 50 Hz 

Engine Specifications 

I 

Manufacturer 

I Ford r,on system Electronic, Breakefles:_ 

I 

Engine, model, Iype CSG-649. 4·Cycle, 8attery charging alterna.tor 

I 

, Cylinder arrangement 

: Natural ASpiration Ground (negative/poSItive) ..... 

Negative 

~ 6ln-hne ___II Volts (DC) .. 12 

I Displacement cu in (L) 300 (4 951) Ampere raling ..... I 

Bore and stroke, in. ..._--~------j 

(mm~ 

~~i rStarter motor rated voltage (DC) I 12 

Compression ratio 

Recommended battery cold cranking 

Plslon speed, fl/min. (mlsec.) ~~) I 995 (5. 05) I amps (CCA) raling for QcF (-18°C) 630 

1 _._ 

I 

=E 4'OO~~(10~ 

..~-- 

Main bearings: number, type 7, Copper-Lead Alloy ~ Quan~ity of batteries I, 1 ~j 

~;';·rpm I '800 I 1500. Baneryvoltage(DC) ~'~-12---~ 

Max. power al rated rpm. hp (kW) ----+--~ 66 (49) Ro!li~~~ : .----.-~~:~~ 

Cylinder head material ._ ! Iron Alloy ~ Fuel 

I Piston type and material cutothermtC Aluminum Alloy c=--,-.,..-------~---.,..------~ 

~. . ~---~-- Fuel System 50 Hz 50 Hz I 

~h~ft material Nodular Cast Iron I 

Valves material 1- Forged Steel --1 i Fuel type Gasoline 

~-~- .----~ .----.~------,~: I Fuel supply line inle1 1/8-27 NPr I 

Governor, type, make/model Electronic Barber Colman : ~,,,, _ -"- 

- -·-------'1'-----'~ .~ ~~ft. engrne-driven fuel pump, ft. '(m) ~_~_ . I 

Frequency regulation, no load to fUll ,I I., ~-,.,---t----.. --1 

load +- ISOChronOUS=d' Fuel filter I 

FrequencY·;~gulation. steady ~t~--.' zO-5o/~- I Fuel type . LP Gas or 

Alr cleaner t~p~,- ~il rriodeIS------j--'--~-- NatlJ(;~1 Gas Vapor 

EXh~----'" '"---- - ~~~:j~~:~~e~, supply pre.-;~_~4.14 NPT ... 

I Exhaust System 60 Hz SO Hz ,l.~;in2 (In. H 2 0) ._ .....~1!~)__....J 

Exhaust 110w at rated kW. elm (m 3 jmin.) 320 (9.1) 270 (7.6) I Lubrication 

i;lxha.ust temperature at rated kW. dry - l ~L~u-b-n-c-.t-In-g-s-ys-t-em-------~I--60-H-'---S-0-H-'- 

~haust, OF (0G) 1200 (649) 

~llOW8biebaek pressure, -~-2 0 (6 8) I~~ cit;(L~)----+-~~ :r;s;~re __ 

IEXh.~sl oUliet size at hookUp, in. (mm) ---2-.0TsT-OI-=:j--- ~..!'."n capacIty With fII1er, qts~~~~-----------.J 

---.~ l211 fJlter, quantIty, type ==t= 1, Cartndge ,J 

G4-43 (J5AZ) 12/95d 

• 

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• 

I 

•

-~ 

93 

• 

MINUTE BOOK 



I 

Cooling (Standard Radiator) 

Cooling System.. 

Ambient temperature of (

94 

MINUTE BOOK 

BOARD OF SUPERVISORS, HARRISON COUNTY I 


MISSISSIPPI 

• 

I 

KOHLER CO.. Kohler,Wisconsln 53044 U.S.A. 

Phone 820-565-3381. Web site www.kohlergenerators.com 

Fax 920,459-1646 (U.S.A. Sales). Fax 920-459·1614 (International) 

For the nearest sales and service outlet In U,S.A. and Canada 

Phone 1-800-544-2444 

Enclosed Unit 

o Exhaust Silencer. Critical Q( Industrial 

o Silencer Mounting Kit for Housing 

o Tail Pipe and Rain Cap Kit 

o Weather Housing 

Open Unit 

o Exhaust Silencer, Critical or Industrial 

o Flexible Exhaust Connector, Stainless Steel 

Cooling System 

Block Heater 

o City Water Cooling 

=:l High Ambient Radiator 

::. Radiator Duct Flange 

:l Remote Radiator Cooling 

Q 

Fuel System 

Automatic Changeover (Natural Gas to LP Gas) 

o AuxiliBry Fuel Pump 

o Flexible Fuel Unes (LP Gas or Gasoline) 

o Gas 5trainer 

o lP Gas Uqujd Withdrawal 

o Manual Changeover Combinalion (LP or Natural Gas to Gasoline) 

o Manual Valve and Gas Solenoid Bypass 

o Secondary Gas Solenoid Valve 

Electrical System 

o Battery 

o Battery Charger, Equalize/Float Type 

o Bat1ery Charger, Trickle Type 

o Bat1ery Heater 

o Battery Rack and Cables 

Engine and Generator 

o Bus 8ar Kits 

CJ CSA Certification 

o Generator Strip Heater 

o Line Circuit Breaker 

o Line Circuit Breaker with Shunt Trip 

::J NFPA 110 Literature 

o Oil Drain Extension With Valve Kit 

Optional Generators 

o Rated power Factor Testing 

Accessories 

o 

o 

o 

o 

o o o 

o 

o 

WEIGHTS AND DIMENSIONS 

Kohler

95 

• 

MINUTE BOOK 

BOARD OF SUPERVISORS, HARRISON COUNTYr 


MISSISSIPPI 

I 

KOHLEIlPOWER SYSTEMS 

Model: GLN/GLS/GTN/GTS 

Contactor 

Automatic 

Transfer Switches 

• 

I 

I~"';- 

I " 

1....._ 1 

·J:I:!o;:-I 

Ij~: 

~ I

1 ~~Bt.t' 

(Amps) 

96 

MINUTE BOOK 



• 

I 

Contactor Ratings With Coordinated Circuit Breakers 

Withstand and Closing Current Ratings (WCR) for Model GTN and GTS Switches (250 V Maximum 

Contactors) Rated 40-200 Amps at 240 VAC Maximum Application Voltage when Coordinated with 

Specific Manufacturer's Circuit Breakers as Applicable to UL and CSA Standards 

Specifications 

SwitCh 

Rating 

(Amps) 

Max. 

Voltage 

Max. 

Application 

Voltage 

40-200 250 240 22.000 

I 

1 

Specific Manufacturer's Molded-Case Circuit Breakers 

IM~ I---- Size 

1 

WCR (RMS 

SymmetricalI:: Amps) Manufacturer Type or Class 

I ' FCL. FB Tripeo I '00 

I , Cutler-Hammer, IFO. FOC, HFD pl50 

Westinghouse HJO, JO, JOB, JOC 250 

I. :HKO, KO, KOB. KOC, LA.'ri~.. ~_.O' LCL OK~400_ 

"FC,FH,FI _ 100 

Square 0 1 KA, KC, KH. Ki- 2;0- 

I 1 LA. LC, LE. LH, L1, lJ(, lJ(1 . ------ J 400 ~ 

i - ICED6, ED6, HED4, HED6, ED4 ._...... __=L~ 

I ITE/Siemens ICFD6, FDa. FXD6. HFD6 I 250,._ 

____-+.SHJD6, SJD6 

'1 CJD6. HJD6, HHJD6, HHJXD6. JD6, JXD6, SCJD6. I. 400 

' 

I TBl c:::-=-:--=- --;--_100 

t f-S_E...,;L....,;S.::cE,,;,p,_'_EL...,;,T_H_E_O...,;'T_H._LC_'__~ .. _-----+-_1_5_o_ 

General Electrlo TFK, TFL. THFK, THLC2 -+1_2_2_5 __ 

'1-:1S-,=FL='c:"-S-,=FP ,::-'TF,J=--=--:c:-:-=-=-=:c-::--;--_-+i_ ..._25_0_ 

Cc 

SGP4, TB4, THJK4, THLC4, TJJ, TJK4, I 400 

• 

I 

• 

I 

97 

• 

MINUTE BOOK 



I 

• 


I 


(continued) 

Withstand and Closing Current Ratings (WCR) for Model GLN and GLS Switches (600 V Maximum 

Contactors) Rated 40-400 Amps at 480 VAC Maximum Application Voltage when Coordinated with 

Specific Manufacturer's Circuit Breakers as Applicable to UL and eSA Standards 

I 

Switch 

Rating I Max. 

(Amps) I Voitage 

40-150 

Max. 

Application 

Voltage 

WCR (RMS 

Symmetrical 

Amps) 

30,000 

Specific Manufacturer's Molded-case Circuit Breakers 

Maximum 

Size 

Manufacturer Type or Class (Amps) 

I 

'I FOC. HFD t 50 

Cutler:Hammer/ HJD JDC - 250 

Westinghous" .:..:.:.:=--'.="-------------~--J.__c_--=~ 

I 

I 

;:~IKO, KOB, KDC, LA Tripac, LCL I-~ 

Square DKc.'KH, ,I KI 

_.,~~~_~ _ 

____", ~"_•. 'tLA, LC. LE, LH, U, LX. LXI 400 

CED6, HED4. HED6 '25 

liTE/Siemens rCFDB."FD6. FXD6, HFDs 250 

CJD6, HJD6, HHJD6, HHJXD6, JD6, JXD6, SCJD6, , 400 

I 

! SHJD6, SJD6 

• 

• 

600 

480 

225-400 i 

50,000 

I 

• 

Gl1-73 

(ModeIGL..NtGLS/GTN/GTSCoI"Ita.etor) 5tOOa

~- .... 

98 

MINUTE BOOK 



• 

I 


(continued) 

Withstand and Closing Current Ratings (WCR) for Model GLN and GLS Switches (600 V Maximum 

Contactors) Rated 40-400 Amps at 600 V Maximum Application Voltage when Coordinated with 

Specific Manufacturer's Circuit Breakers as Applicable to CSA Standards 

SpeCifications 

Switch 

Rating 

(Amps) 

Max. 

Voltage 

Max. 

Application 

Voltaoe 

• 

Specific Manufacturer's Molded-ease Circuit Breakers 

WCR (RMS!' 

i Maximum 

SymmetricalI! 

Size 

Amps) I Manufacturer I Type or Class (Amps) 

'FOC, HFO i 150 

Cutler-Hammerl I HJO JDC I 250 

Westinghouse f----'--'---- ----j 

HKD, KO. KOB, KOC, u>. Tripec, LCL I 400 

I------F-I~--.- I 100 

Square D KA, KH. KI .- .. ·····_-~~O·-- 

40-150 

22.000 

'-- ,'lA:c,-:':,:=LC, LE, LH, L1, LX, LXI I 400 

,-- 'CED6 ...__ ._-- I 125 

ITE/Siemens ,CFDB, HFDB -~_....... __ ..._. ·...···-·_···T·~25(;- 

! CJDB, HJD6, HHJDB, HHJXDB, JD6. JXD6, SCJOB, I 400 

i SHJD6, SJD6.:: -t- 1 

, !T81 --- I 100 

i :SEL, SEP, TEL, THLCl I 150 

I 

General Electric i. TFL ' THLC2 ... -.____ _ ---'__22_5 _ 

225-400 

500 

500 

42,000 

I 

Square D 

,SFL,SFP L~ 

I 'SGL4. SGP4. T64. THJK4, THLC4, TJJ, TJK4 ! 400 

I . KDC, LA Trip-;;~:LCL T -400-- 

Cutler:Harnmerl I CLOC, LOC I 300-500 

Westinghouse ;.. -----'---------------i-'-'-'----'--- 

INB Tripac I 300·800 

-----+1K"':"=---:-'':''-- 1 .... 250 -- 

. " -" ----------'"- 

L1, LXI 500 

CFDB 250 

I CJD6, HHJD6, HHJXD6. SCJD6 I 400 

ITE/Siemens CLOB, HHLOB, HHLXD6, SCLDS' -"""-60(; 

_,., .-~_._- 

CMDS. HMD6, HMXD6, SCMD6, SHMD6 800 

THLC2 250 

ISGL4•SGP4. TB4. THLC4 400 

Genaral Electric SGl.6:SGP6:TB6- - -- 500 

-------- 

SKL8, SKP8, TB8 800 

'-------CF250-L-- -- ---------.,--250 .-. 

-~________ ---1---------- 

Merlin Gerin Lc.J400L.C;K_400H . 400 

CK8DDH 800 . 

• 

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•

H ~~ 

99 

• 

MINUTE BOOK 



I 

Design Features 


Transfer Switch Design 

• All switches are factory-wired, interconnected, and tested 

prior to shipment. 

• Switches use front-connecting lugs. 

• 

Contactor Design 

• Contactors offer high-speed transfer, 50 milliseconds or 

less, Including relay operating time for all ampacities 

exclusive of controller time delays. 

• Contactors are of double-throw, inherently interlocked 

design, 

• Contacts are readily accessible from the front for easy 

inspection, 

• Main shalt auxiliary contacts operate only with the main 

contacts and provide a positive indication of the switch 

position. 

I 

UL-Usted Solderless Screw-Type Terminals 

for External Power Connections 

----,--- 

Switch Normal, Emergency, and Load Terminals 

Rating Cables per I Range or Wire Sizes 

(Amps) Pole (COpper or Al"mlnum) 

40 1 I #14 to 116 AWe. 

80 1 

• Currenl-

100 

MINUTE BOOK 



• 

I 

Model Numbers. 

250 Volt Maximum Transfer Switch with 

Solid-State Controls*t 

~_eclflcatlons 

S340 Electrical Controls 

Poles! Amps Automatic I 

Nonautomatic 

2 

I 

40 GTS-1xx231-0040 I GTN-lxx231-Q040 

I eo GTS-1xx231-Q080 i GTN-1 xx231-0080 

I 100 GTS-lxx231-Qloo I GTN-l xx231-Ql 00 

200 GTS-l xx231-02oo 

I 

GTN-lxx231-Q200 

1--- I 

3 ! 40 GTS-1xx341-Q040 ! GTN-lxx341-Q040 

I 

80 GTS-1 xx341-oo80 I GTN-lXX341-oo80 

100 GTS-1xx341-Qloo GTN-lxx341-Q1oo 

200 GTS-lxx341-0200 GTN-1 xx341-02oo 

xx Voltage and Frequency Code 

61: 110 Volt, 50 Hz 

62: 120 Volt, 60 Hz 

63: 220 Volt, 60 Hz 

64: 240 Volt, 60 Hz 

67: 190 Volt. 50 Hz 

68: 208 Volt. 60 Hz 

• Models lISted In this table ere UL hsled and CSA certified a1240 volts 

and below. 

+ Models listed in this table hav9 NEMA type 1 enclosures. The model 

number changes from xxx-xxxxx1 to ;t.XX-xxxxxO, xxx-xxxxx2, or 

xxx-xxxxx3 for open units, NEMA type 12, or NEMA type 3R 

enclosures respectively, 


Solid-State Controls*t 


S340 Electrical Controls 

Poles' Amps Automatic I Nonau1omatic 

2 ! 40 GLS-txx231-0040 GLN-1xx23t-Q040 

80 GLS-l xx231-oo80 I GLN-1xx231-Q080 

100 GLS-lxx231-Qloo GLN-lxx231-01oo 

I 

150 GLS-1XX231-Q150 

! 

GLN-1xx231.{1150 

I 225 GLS-lxx231-Q225 . GLN-lxx231.{1225 

260 GLS-lxx231.{1250 GLN-lxx231.{1260 

400 GLS-lxx231 -Q4OO GLN-lxx231-~~ 

3 40 GLS-l xx341-Q040 GLN-lxx34l-Q040 

80 GLS-lxx341-ooeo GLN-l xx341-QOeo 

100 GLS-1xx341-Qloo GLN-l xx341-Q1 00 

150 GLS-1xx341-0150 GLN·l xx34I .0150 

225 GLS-lxx341-o225 GLN-lxx341-0225 

260 GLS-l xx341-Q260 GLN-lxx341-0260 

4i 

400 GLS-lxx341-Q4oo GLN-lxx341-Q4OO 

._----.. 

40 GLS-lxx64H)040 GLN-lxx641-oo40 

I 80 GLS-lxx64H>060 GLN-l xx641-Q080 

100 GLS-lxx641-Qloo GLN-lxx641-01oo 

150 GLS-lxx641.{1150 GLN-lxx641-0150 

I 

225 GLS-lxx641-Q225 GLN-lxx641-0225 

260 GLS-lxx641-Q260 GLN-lXX641-Q260 

i 400 GLS-lxx641-04oo GLN-lxx641-04OO 

xx Vollage and Frequency Code 

53: 220 Volt, 60 Hz 

60: 600 Volt, 60 Hz 

62: 120 Voll, 60 Hz 

63: 220 Volt. 50 Hz 

64: 240 Voll, 60 Hz 

65: 550 Volt, 60 Hz 

66: 480 Volt, 60 Hz 

68: 208 Volt, 60 Hz 

71: 380 Volt, 50 Hz 

72: 380 Volt, 60 Hz 

73: 416 Voll, 50 Hz 

• Models listed Ifl this table are UL listed at 480 volts and below, CSA 

certified at 600 volts and below. 

+ Models listed In this table have NEMA type 1 enclosures. The model 

number changes from xxx-x:o:xx1 to xxx-xxxxxO, xxx-xx:xxx2, or 

xxx-xxxxx3 tor open units, NEMA type 12, or NEMA type 3R 

enclosures respectively. 

• 

I 

• 

I 

G11·73 (MO(IeI Gl..N/GlS(GTJ't'GTS ConlaClor) 51W& 

•

~ 

• 

MINUTE BOOK 



I 

101 


Microprocessor Controis"t 


M340 Electrical Controls 

Poles Amps Automatic I 

• 

I 

• 

2 40 GLS-5xx231-OO4O 

BO GLS-5xx231-OOBO , I 

100 GLS-5xx231-Q100 

150 GLS-5xx231-Q150 

~ 

225 GLS-5xx231-0225 

260 GLS-5xx231-0260 

400 GLS-5xx231-0400 

3 40 GLS-5xx341.Q040 I 

80 GLS-5xx341-OOBO , 

100 GLS-5xx341-0100 I 

150 GLS-5xx341-0150 

150 GLS-Sxx341-Q150 

225 GLS-5xx341-0Z25 

260 

400 

GLS·5xx341-0260 

GLS-5xx341-Q400 

_._ 

---~ 

4 40 GLS-5xx641-OO4O I 

80 GLS-5xx641-OOBO 

I 

100 GLS-5xx641-Q100 

150 GLS-5xx641-0150 - 

225 GLS-5xx641-Q225 

I 

260 GLS-5xx641-0260 

I 

I 400 GLS-5xx641-0400 I 

xx Voltege and Frequency Code 

53: 220 Volt. 60 Hz 

60: 600 Volt. 60 Hz 

62: 120 Volt, 60 Hz 

63: 220 Volt, 50 Hz 

64: 240 Volt. 60 Hz 

65: 550 Volt. 60 Hz 

66: 480 Volt, 60 Hz 

68: 208 Volt. 60 Hz 

71: 380 Volt. 50 Hz 

72: 380 Volt. 60 Hz 

73: 416 Volt, 50 Hz 

* Models listed In this table are UL listed at 480 volts and below, CSA 

certified at 600 volts and below. 

t Models listed in this table have NEMA type 1 enclosures. The model 

number changes from xxx-xxxxxl to xxx-xxxxxO, xxx,x.v.xxx.2. or 

xxx-xxxxx3 for open units, NEMA type 12, or NEMA type 3R 

enclosures respectively. 

I 

I 

• 

G11·73 (Mod&! GLN,IGLS/GTN/GTS GontadOfJ 5{99a

102 

MINUTE BOOK 



• 

I 

KOHLER CO., Kohler, Wisconsin 53044 U,S.A. 

Phone 920-565-3381, Web site www.kohlergenerators.com 

Fax 920-459-1646 (U.S.A. Sales), Fax 920-459-1614 (International) 

For the nearest sales and service outlet in U.S.A. and Canada 

Phone 1-800-544-2444 - 

Kohler Power Systems 

Asia Pacific Headquarters 

7 Jurong Pier Road 

Singapore 619159 

Phone (65)264-6422, Fax (65}264-6455 

Record the transfer switch model number In the boxes below. The transfer switch model number defines. characterlstlcs and 

ratings as explained In the a.ccompanying chart. 

Model Controls Voltage and Frequency Poles Wires Enclosure Current Rating 

1~~-w[w'~lwe~l_IWl u;l'~ ~I 

• 

Kohl.... P.rt Numb.r Key 

This chart. explains the Kohler'!' transfer switch model numbering system. The sample model 

number shown is for a Model GTS automatic transfer switch that uses a 250~volt maximum 

contactor power switching device with S340 solid-state electrical controls rated at 240 volts, 

60 hertz, 1 phase, 2 poles, and 3 wires In a NEMA type 1 enclosure with a current rating 01 200 

amperes. Not aU possible combinations wa available. 

Switch CI.sslfic.otlon or Family 

G: Model GLNlGLS/GTN/GTS contector-type transfer switch I 

Power Switching Device Charaeterlstlcs 

T: 250·volt maximum contactor, 40-200 amperes 

L: 6OO-volt maximum contBclor, 40-400 amperes 

Operation Classification 

S: Automa.tic N: Nonautomatic 

SAMPLE MODEL NUMBER 

GTS-164231-Q200 

J 

I 

I 

Electrical Controls (Logic controller) 

1: 8340 solid state 5: M340 microprocessor 

Voltage and Frequency (other codes possible) 

53: 220 Volls, 60 Hz 60: 600 Volts, 60 Hz 62: 120 Volls, 60 Hz 

63: 220 Votts, 50 Hz 64: 240 Volts, 60 Hz 65: 550 Volts, 60 Hz 

66: 480 Votts, 60 Hz 68; 208 Volts, 60 Hz 71: 380 Volls, 50 Hz 

72: 380 Volts, 60 Hz 73: 416 Volts, 50 Hz 

Number 01 Poles and Phase 

2: 2 pol., 1 phase 3: 3 pole, 3 phase 4; 3 pole, 1 phase 

6: 4 pole, 3 phase 

• 

Number 01 Wires 

3: 3 Wire 4: 4 Wire 

Enclosure 

0: Open unit 

3: NEMA type 3R 

1: NEMA type 1 2: NEMA type 12 

Current Ratin9 \ rn-P 

Numbers indicate the cur~,ent rating ol the switch in amperes 

Availability is subject to change without notice. Kohler Co. reserves the 

right to change the design or specifications without notice and without 

any obligation or liability whatsoever, Contact your locaJ Kohler Co. 

generator distributor for availability. 

--------------, 

DISTRIBUTED BY; 

ROSSEN EQUIPMENT, INC. 

748 LAKESIDE DRIVE 

MOBILE, AL 36698 

Ol"FICE: (834) 602-1444 

FAX: (334) 602·1411 

C Kehler Co. 1996.19'9'9. A1lrightsr~. 

G11-73 (Model GlJ'WLSlGTNlGfS ConIl\dOl1 51009. 

I 

•

• 

MINUTE BOOK 



I 

103 

• 

Kohler Produc;::t 

I 

• 

Stationary Standby & Prime Power One-Year or 

Two Thousand (2000)-Hour Limited Warranty 

Your Kohler product has bsen manufactured and Inspected with care by experienced craftsmen. Ifyou aell! the original consumer, Kohler 

Co. warrants, for the period indicated below, each product to be ftee irom defects In materials and workmanship. Repair, t'Bplac:ement, 

or appropriate adjustment at Kohler CO.'5 option will bill furnIshed If the product:. upon Kohler CO.'3 lmipectian, is found to be properly 

Ih$talled, maintained and operated In accordance with Kohler Co.'s instruction manuals. This warranty does hot apply to malfunctions 

tsU.5ed by damage, unreasonable U58, misu98, repair or service by unauthorized persons, or normal wear and tear. 

Genorator Set & Accessories 

Prime PoWer Generator Set 6 kW 

Wnrranty Coverage" 

On. (1) year or 2000 hours (whichever occur3 nt~t) from date of initial start-up 

or Larg.,r One (1) year or 2000 hours (whic:h(!ver occurs first) from date of inlti~l start-up 

• Some r"striction!5 may apply. Contact your Kohler DlstrlbutorlDealer for full detall;s. 

The Following Will Not B. Cov.r.d By Warranty: 

1. Normal engine Weat. routine tune-ups, tune-up parts, 

adjustment:!., and periodic ~ervice, 

2. Damage caused by accidents, Improper Installation ot 

handling, faulty repairs not performed by an authorized 

service representative, or Improper storage. 

3. Dnmage caused by operation with Improper fuel or Qt 

speeds, loads, conditions, modifications I or installation 

contrary to published spf!cifications or recommendations. 

4. Damage caUSEd by ne91igent rnalnhmance such as: 

a. Failure to provide specifillld type Bnd sufficient 

quantity of lubrloating QiI, 

b. Fllllul'e 10 keep air intake and cooling fin areas clean. 

c. Failure to properly servlcl!l air cleaner. 

d. Failure to provide sufficient cODlant snd/ot cooling air. 

e. Use ofother than factory-supplied or -approved repair 

parts and!or procedures. 

Fallur8 to perform scheduled maintenance as 

prescribed In supplied manuals. 

g. FallurO' to regularly axerclsa the generator set undttr 

load (stationary applications only). 

5. Origjn~llnstallation charges and start-up costs. 

6. Starting batteries and the following related expenses: 

a. Labor charges related to battery service. 

b. Travel expense related to ba«ary :)l3tvice. 

7, Engine coolant heaters, heater controls, and circulating 

pumps after the first yaar. 

6. Rental of equipment during performance of warranty 

repairs, 

9. Repair shop labor without prior approval from Kohler Co. 

Warranty Department. 

10. Engine fluids such as fuel, oil, or coolanUan1lfreeze. 

11. Shop supplies such as adhesives, cleaning solvents, 

rags, etc. 

12. Expense's incurrad invElstigating performance complaints 

unl@!!s the! problem is caused by defectiVe;! Kohler 

matarials or workmanship. 

13. Maintenance Items such as fuses, lamps, filters, spark 

plugs, loose or leaking damp!!, adjustments, etc. 

A Start-Up Notification FQrm must be on file at Kohler Co. A Start-Up Notification Form rnu:)t blJ completed by Seller and received at 

Kohler Co. within 60 day~ after the date of initial start-up. Standby systems not registered within 60 days of start·up will automatically be 

registered by Kohler Co. u:t.lng the Kohler Co. :s.hlp date as the start-up dato. 

To obtain warranty servic$ call 1-600-544·2444 for your nearest authorized Kohler !Service representative, or write Kohler Co" 

Generator Service Departmant, Kohler, WI 53044 U.S.A. 

KOHLER CO. SHALL NOT BE LIABLE FOR SPECIAL, INCIOENTAL, OR CONSEQUENTIALOAMAGES OF ANY KINO, including but 

not limited to incidental, consequential labor costs, in_stalletian charges, telephone charges. or transportation charges inconnectionwith 

the replBc8tnent or repair of defective parts. 

This is our exclusive written warranty. We make no other express warranty, nor is anyone authorized 10 make any on our behalf. 

ANY IMPlIEO OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS OF 

PURPOSE, b expressly \imi\ed to the duration of this warranty. Some states do not allow limitalian5- on how long an implied warranty 

lasw, or the exclusion or limitation of incidental or consequential damages, so th" above limitatiDn or exclusion may not apply to you. 

I 

Thl~ Womanty give$ you specific legal rights, and you may also hav~.,C1the~.right:s .~~~~.Y,~~ ..f.~~~~~.~~,1.~... ~~ ~~tE\. 

KOHLER& 

POWER SYSTEMS 

KOSsEN EQUIPMENT; INC. 

. 748 lakeside Drive .. ' 

.,Mobile. Alabama.36693 , 

~.•. Office: (334) 602-.1444 

/> Fax: (334) 602-.1411 

, ~ . i:;,'.~~:. 

..'--:"..- . 

." '~ 

,:\>c, 

Inal) 

4/98 

•

104 

MINUTE BOOK 



• 

I 


GENERAL: 


• 




5. Technical questions not addressed in these specifications should be sUbmitted in writing to 



I 

BID PRICE $ 11.273.00 EACH 

Generator Manufacturer's Brand Name: --:G;.::E:..;;N;.::E:..;;R:..;;A:.::C 

Delivery Schedule: __E_I_GH_T__T_O_T_E_N__W_E_E_KS 

Warranty: __O_N_E__Y_E_A_R 

_ 

_ 

_ 

• 

I certify that the equipment being offered meets or exceeds the foregoing specifications. 

DATE: __J_AN_U_A_R_Y_l_9_,_2_00_0 

_ 

VENDOR: "ORGAN ENGINE & SUPPLY CO..PANY. INC. 

SIGNED BY (Name and Title): J. B. "ORGAN, ,IR.913.~a....-a 

VICE PRESIDENT/GENERAL .. ANAG 

ADDRESS: P. O. BOX 1507 PASCAGOULA,"S 39568-1507 

TELEPHONE: 228-762-q355 FAX: 228-762-7132 

Please submit your bid on this form. Failure to do so may disqualify your bid. 

I 

BID #001 TO BE OPENED JANUARY 20, 2000 

•

105 

MINUTE BOOK 



I 

SPECIFICATIONS: 

GENERAL OR EQUIVALENT: 

4.3 L Liquid petroleum gas fueled engine 

35 kW Alternator, 4 lead reconnectable wired for 120/240V, single phase 

60 Hz frequency with direct exciter 

1% Voltage regulation 

• 

" Coo option control panel with AC Meter Package 

Phase Selector Switch 

Cyclic cranking with crank limiter 

Voltage adjust rheostat 

Hourmeter 

Oil pressure and coolant temperature gauges 


Panel light 

lamp test Ireset switch 

Auto/Off Manual switch with red "Not in Auto" annunciation light 

latched shutdowns 

I 

Five light annunciation for: 



Overcrank 

Overspeed 



175 -amp main line UL listed circuit breaker 

Fuel shut-off solenoid valve 

Secondary fuel regulator 1vaporizer 

• 



Solenoid activated starter motor 

Air cleaner and oil with internal bypass 



Vibration isolators between engine 1alternator and base frame 


Locking outdoor weather protective standard enclosure 

Installed critical muffler 

2 Amp 12 vdc battery charger 

Air duct adapter 

90 AH, 12 vde (type 27) Battery 

Standard flex exhaust 

1/4" LP Liquid flex fuel line 

3" x 18" Vibration Pads 

An automatic transfer switch with the following typecodes laccessories or equivalency 

2 - pole 150 Amp transfer switch rated at 600 volts 

I 

Time delay neutral with in-phase monitor 

Safety disconnect switch, system voltage 120/240 VAC single phase 

Utility voltage sensing controls: 

Drop-out and pick-up (70% to 95% adjustable) 

Utility interrupt delay (1 to 10 seconds adjustable) 

UI. 1008 listed, two-wire start system 

• 

Adjustable logic control 

Standard exerciser 

NEMA 3R Enclosure 

(2) Sets of Owner's Manuals

106 

MINUTE BOOK 



• 

I 

MORGAN 

ENGINE8/. 

SUPPLY CO.! Inc. 

4811 Orchard Avenue 

Pascagoula. Mississippi 39581 

P.O. Box 1507 

Pascagoula. Mississippi 39568-1507 

JANUARY 19, 2000 

• 

Phone 228-762-4355 

Fax 228-762-7132 

MorganEngine@AOLCom 

QUOTE #M001394 


C/O HARRISON COUNTY PURCHASING DEPT. 

1801 - 23RD AVENUE 

GULFPORT, MS 39502 

I 

ATTENTION: CLERK OF THE BOARD 

SUBJECT: BID NO. 001 FOR THREE (3) L.P. GAS 

GENERATOR UNITS. 

• 

BID NO. 003 FOR ONE (1) 80 KW DIESEL 

GENERATOR UNIT. 



WE ARE PLEASED TO QUOTE YOU THE FOLLOWING GENERATOR 

PACKAGES, FOR YOUR CONSIDERATION: 

ITEM (1) BID NO. 001 THREE (3) 35 KW L.P. GAS UNITS. 

PACKAGE PRICE F.O.B. JOB SITE $11.273.00 EACH 

TOTAL PRICE --- $33,819.00 

ITEM (2) BID NO. 003 ONE (1) 80 KW DIESEL GENERATOR PKG. 

PACKAGE PRICE F.O.B. JOB SITE --- $17,300.00 



I 

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107 

MINUTE BOOK 



I 

MORGAN ENGINE & SUPPLY CO. INC. 

PAGE 2 

• 

PACKAGE 

I 

• 

CONSIST: 

A. ITEM (1) BID NO. 001 (35 KW) 1201240 V SINGLE PHASE 

ENGINE RADIATOR COOLED WITH BLOWING FAN. 

FUEL SYSTEM LIQUID PETROLEUM GAS (L.P.) 

ENGINE AND GENERATOR INSTALLED IN AN ALL 

WEATHER ENCLOSURE. 

ENGINE AND GENERATOR CONTROL PANEL FOR 

BOTH A.C. AND D.C. VOLTAGE. 

AUTO START/STOP CONTROL. 

AUTOMATIC BATTERY CHARGER TRICKLE TYPE 

BLOCK HEATER. 

175 AMP MAIN LINE CIRCUIT BREAKER. 

SAFETY SHUTDOWNS. 

ELECTRONIC GOVERNOR. 

ONE (1) AUTOMATIC TRANSFER SWITCH 

CUTLER HAMMER 150 AMP 2 POLE 3 WIRE 

I 

B. ITEM (2) BID NO. 003 (80KW) DIESEL 


ENGINE AND GENERATOR PACKAGE INSTALLED IN 

AN.ALL WEATHER ENCLOSURE. 

ONE (1) SUB-BASE FUEL TANK DOUBLE WALL 

250 GALLONS. 

EXHAUST SYSTEM CRITICAL GRADE 

ENGINE BLOCK HEATER 

•

108 

MINUTE BOOK 



• 

I 

MORGAN ENGINE & SUPPLY CO. INC. PAGE 3 


MAIN LINE CIRCUIT BREAKER 

ENGINE SAFETY SHUTDOWNS (AUTOMATIC) 

GENERATOR VOLTAGE 120/240 VOLTS 3 PHASE 50 HZ. 

C. ITEM (3) BID NO. 004 (150 KW) DIESEL 

PACKAGE CONSIST SAME AS BID NO. 003 EXCEPT WITH 

400 GALLON DOUBLE WALL SUB-BASE FUEL TANK. 

GENERATOR WITH PMG INSTALLED. 

• 

I 

NOTE : 

ALL GENERATOR PACKAGES QUOTED AS PER SPECIFICATIONS 

SUBMITTED BY HARRISON COUNTY. 

• 

DELIVERY --- EIGHT (8) TO TEN (10) WEEKS FROM ORDER. 

WARRANTY --- BID NO. 001 - ONE (1) YEAR FROM START-UP. 

BID NO. 003 - TWO (2) YEARS FROM START-UP. 


TERMS ------ NET 15 DAYS FROM INVOICE. 

SUBMI TTED 

BY: 

~)/3.'m~9 

J. 8. MORGAN, JR. 

VICE PRESIDENT/GENERAL MANAGER 

I 

•

109 

• 

MINUTE BOOK 



I 

• 


GENERAL: 




I 

4. 

5. 

Details of the manufacturer's warranty must be included with the bid. 

Technical questions not addressed in these specifications should be submitted in writing to 

the Purchasing Department, to be answered by Mr. George M. Mixo'n, Harrison County Fire 


BID PRICE $ 11,639.00 EACH 

• 

Generator Manufacturer's Brand Name: -=Cl'lAN=""-- 

_ 

Delivery Schedule: S--ix_..:.(6---=--1_W2.eks _ 

warranty: 

One __(.:....l....:I_y:_ear __Full __Coverage:::.- 

_ 


I 

TELEPHONE: 

DATE: January 18th, 2000 

VENDOR: 

Ommins Mid South L. L. C 

k 

SIGNED BY (Name and Title): (flU/.).,'" ~ ~ 

Richard L. Harrison, Power Syst:ens Sales M3.nagerc 

ADDRESS: POBox 54224••Jackson MS 39288 4224 

601-932-7013 FAX: 601-932-7399 

Please submit your bid on this form. Failure to do so may disqualify your bid. 

• 


110 

MINUTE BOOK 



• 

I 

Cummins Mid South 

PO BOX 54224 

Jackson MS 39288-4224 

(601)932-7013 


Quotation 

c 

Orlan 

• 

Attention: 

Project Name: Harrison Co Fire Sets 

Quotation: 14562000110023917 

Thank you for your inquiry. We are pleased to quote as follows: 

35GGFB 

A331-2 

C053-2 

F183-2 

R104-2 

B273-2 

H559-2 

B240-2 

A366-2 

KM65-2 

KB20-2 

F179-2 

E074-2 

EOB9-2 

L028-2 

A322-2 

F065-2 

H268-2 

SPEC-B 

Description 

Generator Set 

Genset-Spark Ign,60Hz,35kW 

Duty Rating-Standby Power 

Fuel System-Lp liquid 

Hsg-Weather wIRes Mufflr 

Voltage-120/240, Single Phase 

Alternator-60hz,4 Lead, Single Phase, 125c 

Set Control-Detector 12, With Ac Meters 

Exciter/Regulator-Torque Match 

Engine Governor-Electronic, Isochronous Only 

Circuit Breaker Mtg-Single Brkr,Left Of Control 

Circuit Breaker-175a.2pole,240v,Thermo- 

Magnetic,UI 

Skidbase-Housing Ready 

Engine Cooling-Radiator, 50c Ambient 

Extension-Engine Coolant Drain 

Warranty-1 Year Base 

Packing-Skid, Poly Bag 

Rack-Battery 

Extension-Oil Drain 

Product Revision - B 

g!J£ 

US Dollars 

I 

• 

esb 

Shop 

Sens 

CH 

GP31 Battery 

Start up visit 

3 amp 12 volt trickle charger 

Ser. Enl Rated 150 Amp ATS in 3R enc 

Grand Total 11,639.00 I 

•

111 

• 

MINUTE BOOK 



I 

Project Name; Harrison Co Fire Sets 

• 

Not included is Fuel, plumbing, piping, loading, riggIng, Installation, wiring, or sales tax. The price Is FOB 

Minneapolis, Minnesota with freight allowed to first point of destination, or jobslte. 

I 

Submitted by 

fZ{~~ 

Rich Harrison 

Power Systems Sales Manager 

(601)932-7013 

rich.l.harrison@cummins.com 

• 

I 

•

112 

MINUTE BOOK 



• 

I 

MINIMUM Specifications and Bid Form for threc (3) Liquid P~troleumGas Fueled Generators 

GENERAL: 

1. 

• 

The bid price shall remain valid for a period of sixty (60) days after the bid opening date. 


3. Detailed technical specifications for the equipment being offered must accompany tbe bid. 


s. 

Technical questions not addressed in these specifications should be submit in writing to the 

Purchasing Department, to be answered by Mr. George M. Mixon, Harrison County Fire 


I 

BID PRICE $12,184.09 EACH 

Generator Manufacturer's Brand Name: ~G~e~n~e~ra~c=--- 

_ 

Delivery Schedule: 13-14 weeks upon confirmation of order 

Warranty: 5 Years from start-up date (Basic) 


DATE: January 12, 2000 

• 

VENDOR: Kennedy Engine Co., Inc. 

SIGNED BY (Name and Title): ..!.V-"c....,rl"'o.... 

n-"M"'c"'K"'e"'n""z"'ie"-"-"S'""a"-'le"'-s_...!V....:~::=.=--=-=-='--1tV1_--'':- =---..L""-='lo'i"=="='''''- 

:::....::=-- 

ADDRESS: 980 Motsie Road 

Biloxi, MS. 39S32 

TELEPHONE: .>.:(2""2"-8)L.-'3'-'-9=..2--=2=-20"'0'-- ",-F,-,A,,-,X,,-:""

113 

• 

MINUTE BOOK 



I 

Prepared by SpecWriter 5.0 

Broughtto you by 

Generac Power Systems, Inc. 

• 

Unit Specification Sheet 

SBY15806 

Control Panel and Options 

SBY15116 

S28120 

- SG0035 Specification Sheet 

- C Panel Spec Sheet 

- 5 Ught Remote Annunciator 

I 

• 

Alternator and Options 

Unit Options 

ADS-35 

S235 

vspridx 

87625 

battidx 

elecgov 

CaUL 

CoolHeat 

S355 

59937 


- Alternator Data Sheet 

• 2 Amp 12 vdc Battery Charger 

- 3"x18" Vibration Pads 

- Interconnection Drawing 

- 90AH 12 vdc Battery (Type 27) 

- Electronic Governor 

- CirclJit Breaker Data Sheet 

- Coolant heater 

- Enclosure 

- Muffler 

5947 - GTS015W Spec Sheet 

Installation and Base Tank 

A4307 

- Generator 

Wiring Diagram and Schematic Drawings 

Control Panel Drawings 

85024 - Wiring Diagram 

85023 - Schematic Drawing 

I 

• 

Engine Drawings 

87358 - Engine Wiring Diagram 

87357 - Engine Schematic Drawing 

Alternator Drawings 

86206 - AC Wiring Diagram 

86173 - AC Schematic Drawing 

Automatic Transfer Switch Drawings 

91398 - Wiring Diagram

111 

MINUTE BOOK 



• 

I 


Brought to you by 



• 

I 

• 

I 

•

11;-; 

• 

MINUTE BOOK 



I 

• 

- 90AH 12 vdc Battery (Type 27) 

- Standard Flex Exhaust 

- Coolant Heater 

- 2 Amp 12 vdc Battery Charger 

- 1/4" LP Liquid Flex Fuel Line 


- ( ) sets of Ownerts Manuals 

One automatic transfer switch consisting of the following 

typecode and accessories: 

GTSOlSW-2A2LSNC 

I 

* 2 pole, 150 amp transfer switch rated at 600 volts 

* Time delay neutral with in phase monitor 

* Safety disconnect switch 

* System voltage 120/240 VAC single phase 

* Utility voltage sensing controls: 

- Drop-out and pick-up (70 to 95% adjustable) 

- Utility interrupt delay (.1 to 10 seconds adjustable) 

* two wire start system 

* Adjustable logic control 

* Standard exerciser 

* NEMA 3R enclosure 

* 60 months warranty 

* UL 1008 listed 

* ( ) sets of owner's Manuals 

• 

I 

•

IlG 

MINUTE BOOK 



• 

I 

Bill of Material: 

GENERAC POWER SYSTEMS. INC. 

Specification Program 

• 

Bill of Materials for: Harrrison County Board Of Supervisors 

Date ll-Jan-2000 

Reference JI: 113 

SWPV 5.02-981121A 

SWDV 5.02-981231 

Customer 

Name 

Address: 

City 

St/Zip : 

Phone 

Contact Na.me: 

Distributor 

Name KEC Power 

Address 980 Motsie Rd. 

City Biloxi 

St/Zip MS 39520 

Phone 228-392-2200 

Salesman: 

1 liquid petroleum gas engine driven generator set(s) consisting of the 

following typecode and accessories: 

SG0035-AI64.3L18CBYYC 

4.3L liquid petroleum gas fueled engine. 

- 1% voltage regulation 

lie" option control panel with: 

* AC meter package 

* phase selector switch 

* cyclic cranking with crank limiter 

* voltage adjust rheostat 

* hourmeter 

* oil pressure and coolant temperature gauges 

* DC battery charge ammeter 

* panel light 

* lamp test/reset switch 

.,. Auto/Off/Manual switch with red ·'Not in Auto" 

annunciation light 

* latched shutdowns 

* five light annunciation for: 

- Low oil pressure 

- High coolant temperature 

- Overcrank 

- Overspeed 

- RPM sensor loss 

Electronic isochronous governor with a 0.5% 

frequency ~~~ulaticn 


Fuel shut-off solenoid valve 

Secondary fuel regulator/vaporizer 










Outdoor weather protective standard enclosure 

Installed critical muffler 

5 Light Remote Annunciator 


I 

• 

I 

•

MINUTE BOOK 



117 

I 

5. The Board does hereby find that the bid of K & R Service, Inc. in the 

amount of TEN THOUSAND SEVEN HUNDRED SEVENTY-EIGHT AND 00/100 DOLLARS 

($10,778.00> each, for a total cost of THIRTY-TWO THOUSAI\lD THREE HUI\lDRED 

THIRTY-FOUR AND 00/100 DOLLARS ($32,334.00> is the lowest bid meeting 

specifications and, therefore, the best received for the Bid #001, Three (3) 

Liquid Petroleum Gas Generators for tile Fire Services Department, and that 

said bid is reasonable and fair and should be accepted. 

6. That George M. Mixon, Fire Coordinator, has recommended that said 

• 

bid be accepted. It is therefore 


MISSISSIPPI, as recommended by George M. Mixon, Fire Coordinator, that the 

bid of K & R Service, Inc. be, and the same is HEREBY ACCEPTED for Bid #001, 

I 

Three (3) Liquid Petroleum Gas Generators for the Fire Services Department, 

at and for a consideration Of TEN THOUSAND SEVEN HUNDRED SEVENTY-EIGHT 

AND 00/100 DOLLARS ($10,778.00> eaCh, for a total cost of THIRTY-TWO 

THOUSAND THREE HUNDRED THIRTY-FOUR AND 00/100 DOLLARS ($32,334.00>. 


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

with the following results: 





AYE 

AYE 

AYE 

AYE 

I 


AYE 




• 


* * *

118 

MINUTE BOOK 




ORDER ACCEPTING THE LOWEST BID RECEIVED FOR BID #002, 

THIRTY {30> OR MORE SELF CONTAINED BREATHING 

APPARATUS FOR THE FIRE SERVICES DEPARTMENT, AS 

SUBMITTED BY TUPELO FIRE EQUIPMENT COMPANY AND 

RECOMMENDED BY GEORGE M. MIXON, FIRE COORDINATOR, 

{40> COMPLETE UNITS @ $2,058.00 EACH AND (40) EXTRA 

CYLINDERS AT NO CHARGE, FOR A TOTAL COST OF $82,320.00 

• 

I 

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


December 1999, adopted an Order authorizing and directing the Clerk of the 

Board to cause publication to be made of Notice of Invitation to Bid for Bid 

#002, Thirty (30) or More Self Contained Breathing Apparatus for the Fire 

• 

Services Department. 



having a general circulation in Harrison County, MiSSiSSippi for more than one 


I 

publication of said Notice, and that the Publisher's Affidavit of Proof of 

Publication has been filed with the Clerk of this Board, by said Clerk exhibited 

to the Board, and shows that said Notice of Invitation to Bid was published 


• 

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

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

seven (7) 'vvorking days prior to January 20, 2000, the day fixed for receiving 

said bids in the Order identified in paragraph one thereof, said Proof of 

publication being in the following form, words, and figures, to-wit: 

I 

•

• 

MINUTE BOOK 



119 

I 




• 

I 

• 

1I :0:.:.'::':: .... =.7.::'O:::.'::T__&614.)1-------' 

Vol. lIlt! No.,~ dated ----1.- day Of~ ZA.bD 

Vol.---l-I-'-.IILLJo...... No.,~ dated~ dayo~ zo....QL, 

Vol. No., dated day of • 19__ 

Vol. No., dated day of , 19__. 

Vol. No., dated dayof ,19__" 

Vol. No., dated dayof ,19__ 



established and published continUously in said county for a period of 

lb {lA; Q< 1\ . ~MrO a 


notice. 

Before me, the undersigne~INa 

Mississippi, personally appeared -=U--\..'......LL............_-J-J...L1..LI.,~b).__ 

who, being by me first duly sworn, did depose and say that she is a 

clerk of The Sun Herald , a newspaper published in the city 

Gulfport 

, in Harrison County, Mississippi, and that publication of the 

notice, a copy of which is hereto attached, has been made in said 

paper~ times in the following numbers and on the following dates 

of such paper, viz: 

Clerk 

Sworn to and subscribed before me this / '0 day of 

VERA ELAINE S' A.\, Z61..t'1 - ~ -J. ~. I 

NOTARYPU ( )//v'-' L~=-A Q';/lccGJ 

steteofMiss~ ~ Notary Public 

My Commission ExpiFes on AprIl 29, 2001 

/(58'. 

02 

Printer's Fee . $-_--'--=---"--=---- _ 

I 00 

Furnishing proof of publication $ --c-'-JJ".-+-.-=,,-_ 

TOTAL 

__ 

$__..!../..:..f-l.1~"._O_Z- 

I 

4. That on January 10, 2000, this Board appointed its representatives to 

receive bids on the appointed date. That bids were received at the time and 

• 

place and in the manner provided in said Notice of Invitation to Bid. The 

following bids were received:

120 

MINUTE BOOK 



• 

I 


THIRTY (30) OR MORE SCBA'S 

SELF CONTAINED BREATHING APPARATUS 

FOR THE FIRE SERVICES DEPARTIVIENT 

• 

BIDDER EQUIPMENT BID PRICE EACH 

SURVIVAIR 

TUPELO MODEL 964277/22PWF $2,058,50 

FIRE WITH COMPASS $365,00 

EQUIPMENT EXTRA CYLINDER $0.00 

NAFECO 

SURVIVAIR $2,098.00 

MODEL 964277/22PWF 

WITH WHISTLE $0.00 

EXTRA CYLINDER $359,00 

DRAEGER SAFETY 

NORDAN 

AIR BOSS 

SMITH EVOLUTION $3,845.00 

EXTRA CYLINDER $655.00 

SUNBELT 

FIRE 

APPARATUS 

NO BID 

I 

• 

I 

•

121 

• 

MINUTE BOOK 



I 

. MINIMUM Spec_ifications and Bid Form for Thirty (30) or more Self Contained Breathing Apparatus 

for use by Harrison County Fire Departments. 

GENERAL: 

1. 

• 

I 

2. 

3. 

4. 

5. 

6. 

The SCBA must have NIOSH/MSHA approval. Furthermore, they must be approved according 

to the NFPA Standard's of 1981, on open circuit SCBA for Firefighters, 1999 edition. 

A. The SCBA must be the pressure demand only type, meaning they should be able to be set 

in a demand (negative) mode. 

B: The SCBA must be able to deliver a minute volume of 120 liters, with a peak flow of 360 

liters, and still maintain a positive pressure in the orall nasal cup for full cylinder down to 

300 psi cylinder pressure. The positive pressure shall be maintained even during strenuous 

fire fighter activity and fast movement of the head, (from side to side and up and down). 

C. The SCBA should be designed to be charged with respirable air according to CGA G7.1 

Type 1, Grade D. 

Detailed technical specifications for the equipment being offered must be provided with all bids. 

One (1) complete 30 minutes SCBA. 2216 psi, FIG wrap cylinder with soft case shall be provided 

with each bid for review by Harrison county for a period of 60 days. 

Each Bid shall provide: 

1. A five-year warranty on workmanship and materials. 

2. All shipping and handling charges. 

3.- On site training in the repair and servicing for the SCBA's. 

4. Assistance with the department's trainer training for OSHA 1910.134 fit testing. 

5. On the site, In service training, for the use of the SCBA system offered. 

Bids shall provide: 

1. Yearly maintenance Ireplacement cost. 

2. Annual perfonnance checks cost. 

Bid prices shall remain valid for a period of sixty (60) days beginning with the bid opening date. 

SCBA MANUFACTURER: _~SlJu.ur:t.;vl(.livlLaa~i..[r:~ 

_ 

MODEL NUMBER: 964277/22PWF (redundant ala rm) /915171/202022 

• WARRANTY: 12 year:s SCBA/J5 years cylinder/ Lifetime: 1st Stage regUlator 

DELIVERY DATE: 6 to 8 weeks A. R. O. 

BID PRICE FOR A COMPLETE SCBA $ 2058.50 EACH 

If Integrated Pass(Compass) is installed add $365.00 to SCBA price. 

BID PRICE FOR ADDITIONAL 30 MINUTE FIC WRAPPED CYLINDER $ 0.00 

If Additional cylinders above number of SCBA's are purchaced 

they will be $499.00. 

I CERTIFY THE EQUIPMENT OFFERED MEETS OR EXCEEDS THE SPECIFICATIONS 

DATE: January 18,2000 

I 

VENDOR: TupelO Fire Equipment 

SIGNED BY (Name and Title) & (! ~r1~ 

ADDRESS: 4915 Cliff Gookin Blvd. Tupelo, Mississippi 38801 

TELEPHONE: 1-800-426-7842 FAX: 1-662-844-3812 

SUBMIT YOUR BID ON THIS FORM. FAILURE TO DO SO MAY DISQUALIFY THE BID. 

• 

BID #002 TO BE OPENED JANUARY 20. 2000

122 

MINUTE BOOK 



• 

I 

Tupelo Fire Equipment 

4915 CliffGookin Blvd. . 

Tupelo, Mississippi 38801 

(601) 844-6717 

1-800426-7842 FAX: 601-844-3812 

There 'Will be a charge ofSI00.00 per SCBA annual preformance test which includes 

• 

flow test ofthe SCBA and inspection offacepiece and cylinder. Any parts or freight 

involved is the responsibility ofHarrison County. 

I 

• 

I 

•

MINUTE BOOK 



I 

123 

• 

HARRISON COUNTY FIRE SERVICE 

20121 WORTHAM ROAD 

SAUCIER, MS 39574 

228-832-0638 : FAX 228-831·3358 

I 

I. Purpose 

Self-Contained Breathing Apparatus (SCBA) 

Product Specification Sheet 

To establish minimum standards for open-circuit self-contained breathing apparatus 

(SCBA). 

.IL Type 

The open-circuit self-contained breathing apparatus covered by this specification shall be 

• of the type using compressed air. 

III. Approvals 

A The apparatus shall be certified by the National Institute for Occupational Safety and 

Health (NIOSH) under Title 42, Part 84 of the Code of Federal Regulations for 30-, 45-, or 

6O-minute rated service life and for use at temperatures ber.o.een -30°F and 160°F. 

B. The apparatus shall be compliant with all performance requirements of the National 

Fire Protection Assodation's 1997 edition of NFPA 1981, Standard on Open-Gireuit Self 

Contained Breathing Apparatus for Fire Fighters. 

N. Facepiece 

I 

Tv..entyTmnty facepiece 

1. Be constructed (in the rims, nozzle cover, and exhalation valve access cover) of a 

super-tough material that will withstand a 3O-foot drop onto concrete without sustaining 

breakage. 

• 

-1-

124 

MINUTE BOOK 



• 

I 

2. Be available in silicone rubber in three color-coded sizes to fit various facial 

shapes and sizes. The facepiece shall have a mask skirt sealing area of not less than 

1%" in width. 

3. Contain a replaceable, non-shatter-type, polycarbonate, dual-curve, toroidalshaped 

lens located to provide a satisfactory field of vision. The lens shall be coated on 

the outside surface to help prevent abrasion and on the inside to inhibit fogging. The 

lens shall be secured in the facepiece by a durable plastic retainer. 

4. Allow air to enter the facepiece in a manner that will reduce the possibility of 

moisture accumulation on the lens. 

5. Employ an adjustable 5-strap silicone rubber headband assembly held in place by 

buckles designed to prevent inadvertent loosening. An optional 5-strap Headnet'" 

mesh-style assembly shall be available and shall be interchangeable with the silicone 

rubber headband. It shall only be necessary to tighten the bottom t'Ml straps to secure 

the Headnet to the face. The top three straps shall be stationary. All straps for both the 

silicone headband assembly and the Headnet shall be attached to the rim of the 

facepiece, rather than the silicone skirt, to reduce distortion of the sealing surface when 

tightened. 

6. Contain an easily removable exhalation module which employs a silicone rubber 

exhalation valve designed for easy cleaning. 

7. Utilize a Kapton'* material speaking diaphragm which is retained by the faeepiece 

nozzle and is easily removable for cleaning and maintenance. 

• 

I 

• 

8. Have field-replaceable components throughout. 

9. Employ a factory-installed, removable nose cup for use below 32°F. The nosecup 

shall be able to be removed and re-installed without special tools. 

10. Have provision for mounting corrective lenses inside the faeepiece. The corrective 

lens kit shall not require tools for installation. 

11. Have a removable adapter, onto which the second stage regUlator attaches, which 

has an opening that is small enough to be easily covered by one hand for a negative 

pressure fit check 

I 

-2- 

•

MINUTE BOOK 



I 

125 

• 

v. Regulator System and Intermediate Pressure Hose 

I 

The. regulator system shall be designed to operate in 1m independent stages. The first 

stage reducer shall be mounted directly on the cylinder valve. There shall be no hoses or 

links canying high pressure except for the pressure gauge line. The second stage shall be 

designed to provide positive pressure during an NFPA breathing machine test at 70 psi 

inlet pressure. 

A 

If the SCBA is equipped with a whistle alann, the first stage regulator shall: 

1. Contain an overpressurization relief valve designed to vent relief pressure to the 

atmosphere should failure of the regulators primary elements occur. 

2. Contain a pressure-re

126 

MINUTE BOOK 



• 

I 

C. The second stage regulator shall: 

1. Be constructed of a super-tough material that will withstand a 3O-foot drop onto 

'concrete without sustaining breakage. The upper portion of the regulator, including the 

shutoff button, shall be covered by a rubber boot for impact absorption. 

2. Be a "pilot valve" type. It shall contain a spring-biased diaphragm, responsive to 

respiration demand, to actuate a pilot valve '.'A1ich, in tum, operates a flexible main 

valve to meet the user's flow demand during inhalation. 

3. Reduce pressure from 90--130 psi to .036-.054 psi. 

4. Produce a static pressure in the faeepiece of 1.0 to 1.5 inches of water. 

5. Contain a 4O-mesh metal screen filter at the outlet port to prevent entrance of 

partides into the regUlator. 

6. Contain a bypass valve that provides a separate flow path around the regulator 

primary demand valve. In the event of a failure or blockage of the primary, the bypass 

valve shall be operable by either of the user's gloved hands. 

7. Employ a two-point fastening system '.'A1ic:h allows the regulator to be quickfy 

mounted into the facepiece in any orientation by pushing the regulator until the two 

fasteners attach to the fseepiace adapter. Once installed, the regUlator shall be able to 

swivel 360· without detaching from the faeepieee. The regulator shall remain secured 

to the facepiece should one of the fasteners inadvertently be released. 

• 

I 

• 

8. Employ a firsl-breath-on feature v.tlich allows the user to actuate regulator flow by 

inhaling after the regUlator is secured to the mask. 

9. Contain a safety override button v.tlich allows the wearer to manually start lhe 

regulator flow. 

10. Not obstruct the ~rer's downward vision. 

11. Contain a manual shutoff button to prevent loss of air after removal from the mask. 

D. The second stage regulator intermediate pressure hose shall: 

1. Be attached 10 the second stage regulator with a sv.;vel connector. 

2. Attach to the first stage regulator intermediate pressure hose by a !'-MJ-step pushpull 

quick-

127 

MINUTE BOOK 

• BOARD OF SUPERVISORS J 

HARRISON COUNTY J 

MISSISSIPPI 


I 

3. Contain a metal screen inlet filter to retain particles of 120 microns or greater. 

• VI. Audible Alann 

. . 

The user shall have the option of choosing either a VoA1istJe alarm or a bell alarm. 

I 

A The v.t1istle alarm shall be incorporated into the chest-mounted pressure gauge 

assembly and shall be an air-actuated, continuous-sounding v-.tIistle, automatically 

operating 'A-fien air pressure in the supply cylinder reaches approximately 25% of original 

full pressure. The alarm flute shall be dO\M1W8rd-facing, so as to prevent blockage. The 

alarm shall have a metal side guard to further prevent blockage. 

B. The bell alarm shall be incorporated into the first stage regulator and shall be an airactuated, 

self-eocl

128 

MINUTE BOOK 



• 

I 

E. The cylinder shall be either an all-aluminum, fully Voifl3Pped, or hoop-wrapped design. 

Wrapped cylinders shall be constructed of a deep-drawl, seamless aluminum liner 'M)und 

'hfth high-strength fiberglass or cartJon filaments impregnated 'wVith epoxy resin. 

F. Cylinders, less air and Cylinder valves, shall not exceed the following weights: 

1. 3O-minute, all-aluminum, 2216 psig: 17.31b (DOT-3AL). 

2. 3O-minute, fiberglass hoop-Napped, 2216 psig: 11.8 Ib (DOT-E-7235). 

3. 3O-minute, fiberglass fully wrapped, 2216 psig: 9.4 Ib (DOT-E-8059/9634). 

4. 3O-minute, carbon fully Napped, 2216 psig: 6.7 Ib (DOT-E-1 0915). 

5. 3O-minute, fiberglass hoop-v.rapped, 4500 psig: 11.5 Ib (DOT-E-9894). 

6. 3O-minute, fiberglass hoop-v.rapped (twin), 4500 psig, 12.0 Ib (DOT-E-9894). 

7. 3O-minute, fiberglass fully Napped, 4500 psig; 10.31b (DOT-e-805919634). 

8. 3O-minute, cartJon fully 'M"apped, 4500 psig: 6.4 Ib (DOT-E-10915). 

9. 45-minute, fiberglass fully Napped, 4500 psig: 14.6 Ib (DOT-E-805919634). 

10. 45-minute, carbon fully wrapped, 4500 psig: B.61b (DOT-E-10915). 

11. 6O-minute, fiberglass fully wrapped, 4500 psig: 17.5 lb (DOT-E-8059/9634). 

12. 6O-minute cartJon fully Napped, 4500 psig: 11.6 Ib (DOT-E-10915). 

• 

I 

IX. Cylinder Valve 

A 1he cylinder valve shall be fitted with a lw;)..sided luminous boldface dial-type gauge 

with rubber and metal protective guards. The cylinder valve body shall be permanently 

coated to prevent galling and corrosion. 

B. The cylinder valve shall have a large rubber-coated handW1eel with a safety locking 

collar device to keep the handW1eellocked open during use. 

• 

C. The cylinder valve outlet shall conform with the Compressed Gas Association (CGA) 

standard for threaded connection: for low pressure, number 346; for high pressure, number 

347. 

X. Harness and Backpack 

MightyLightll> backpack 

The backpack and hamess assembly shall weigh approximately 4 pounds. No tools shall 

be necessary to replace any hamess components. No adhesives shall be necessary to 

secure any replaceable components. The backpack hamess shall be readily adjustable for 

various 'Mlarer sizes, and shall include the following components: 

1. Hamess straps of Kevlar~/Nomexll> composite construction to provide maximum 

resistance to high temperatures, flame, and abrasion. The hamess shall have a coating 

to prevent the straps from becoming limp. The shoulder straps shall have thick, Nomex- 

-6- 

I 

•

129 

MINUTE BOOK 



I 

• 

covered neoprene padding attached for user comfort and shall have snap-apen hose 

loops for ease of maintenance. All hamess straps shall secure to the backpack without 

fasteners, utilizing the Wedgelock lM style of attachment. 

2. A tw:l-piece KevlarINomex waist strap, adjustable from both sides, with a frontrelease 

metal automotive-style belt buckle. An optional front release plastic belt buckle 

shall also be available. The waist strap shall be tightened by pUIl-forward-style straps. 

I 

3. A vvaist-strap-mounted holder for the second stage regulator so that the regulator 

may be kept actuated in a stancHly mode during use, and so that the regulator may be 

stored protected from the environment 'v'vhen not in use. The holder shall have a 

provision for relief of excess pressure when the regulator is actuated, and it shall have a 

check valve (vacuum breaker) to prevent the regulator from being accidentally actuated 

upon removal from the holder. 

4. A long-fiber flame- and heat-resistant polymer backplate contoured to the user's 

back. With the simple addition of an optional mounting block, the backplate shall be 

capable of accommodating a low-prafile twin cylinder assembly. The backplate shall 

incorporate a friction pad in the tank band area to help keep the cylinder in the proper 

position. 

• 

5. A hose attachment block to keep the intermediate pressure hose and the gauge 

hose secured in their proper position, so that during a cylinder change, the hoses do not 

reposition the eGA hancMtleel to misalign with the cylinder valve. 

6. A tubular stainless steel cylinder support and an adjustable KevlarlNomex cylinder 

band to properly secure various sizes of single and twin (Iow-profile) cylinders. The 

cylinder band shall be secured to the backpack with a cam-over style buckle that 

attaches to a spring-loaded catch. 

7. A padded (4 inches minimum) lumbar support for user comfort and safety. 

8. Long-fiber flame- and heat-resistant polymer hinged and padded ''wings'' to position 

the backpack comfortably and securely on the hips and to stabilize the backpack during 

movement. 

I 

9. A snap hook-style mask hanger situated an the left shoulder strap for attachment of 

the facepiece in a convenient, protected, stand-by position. 

XI. Garrying Case 

If specified, a molded carrying case shall be provided to retain the complete apparatus and 

instruction card or boOklet The carrying case shall have replaceable front latches. 

• 

-7-

130 

MINUTE BOOK 



• 

I 

XII. Instruction Card or Booklet 

AIl instruction card or boo~let shall be provided INith each apparatus. Instructions shall 

contain complete operation and maintenance procedures. 

• 

XIII. Warranty and Overhaul Cycle 

The apparatus shall carry a limited warranty of not less than twelve (12) years, with the 

exception of the cylinder, 't'ttlich shall carry a limited warranty of not less than fifteen (15) 

years, and the first stage regulator, 't'ttlich shall carry a limited warranty of not less than the 

lifetime of the SCBA The overhaul cycle for the apparatus, including the regulators, shall 

be a period of not less than six years. 

XN. Accessories 

I 

The following NIOSH--eertified accessories shall be available for the apparatus: 

A. Supplied air attachment. 

B. Buddy breathing adapter. 

C. Anti-fog solution. 

D. Radio communication system. 

• 

E. Mask-rnounted voice amplification system. 

"JiC F. Integrated PASS device. )to 

G. Digital gauge and 3-stage audible and visual electronic alann. 

H. Rapid cylinder filling system. 

I. Haz-rnat suit pass-through fitting. 

J. Lens cover. 

K 

Neck strap. 

·Equivalent self-contained breathing apparatus will be considered 

that are compatible with the existing new SCBA's presently in use 

by the Harrison County Fire Services. 

-8- 

I 

•

• 

MINUTE BOOK 



I 

131 

MINIMUM Specifications and Bid Fonn for Thirty (30) or more Self Contained Breathing Apparatus 

fo.r use by Harrison County Fire Departments. 

GENERAL: 

• 

I 

1. 

2. 

3. 

4. 

5. 

6. 

The SCBA must have NIOSH/MSHA approval. Furthennore, they must be approved according 


A. The SCBA must be th~ pressure demand only type, meaning they should be able to be set 

in a demand (negativel mode. 

B. The SCBA must be able to deliver a minute volume of 120 liters, with a peak flow of 360 



fire fighter activity and fast movement of the head, (from side to side and up and down). 





with each bid for review by Harrison County for a period of 60 days. 




3. On site training in the repair and servicing for the SCBA's. 


5. On the site, in service training, for the use of the SCBA system offered. 



2. Annual perfonnance checks cost. 

Bid prices shall remain valid for a period of sixty (60) days beginning with the bid opening date. 

SCBA MANUFACTURER: -=S-"u"'r....:v....:i'-'v'-'a....~"-'·r"-- 

_ 

MODEL NUM BER: __p_a_n_t_h_e_r__p_9_6_4_2_7_7_--.e9_1--'6_1--'O-..:2=----..:2:..:0--'2:..:0--'2:..:2=----'2=-2=-W"-W.:..:..=-F_-:..:X=-9:;:-6.=2:;:-6:;:-0-=0 

• 

WARRANTY: 12 Years on SCBA,15 yrs. on cylinder,lifetime,on first stage 

regulator. 

DELIVERY DATE: ,..-=.4~W~e:=-e"'"'k""s----"A"'R"'O'-----.,--------_---------_--_ 

Panther,mightylight,Hoop Flc 2216PSI 30 min.tTwenty Twenty Facemask warbling 

whistle, and a BID PRICE FOR A COMPLETESCBA$ 20:18.00 EACH soft case.' 

BID PRICE FOR ADDITIONAL 30 MINUTE F/C WRAPPED CYLINDER $ 359. 00 each#91 61 03 

The manufacturer,Survivair is providing the SCBA for our bid for your review. 


DATE: __1_-_1_7_-_0_0 -=--- _ 

_ 

VENDOR: _:..:.N:..:A:..F=E.=C.=O 

SIGNED BY (Name and Title) __r/0--'--'~__'__'__'__'_'-----_W __~::........:___=__"'_=_:...:;.. 

_ 

_ 

I 

TELEPHONE: 

ADDRESS: 1515 W. Moulton st. Decatur,AL 35601 

1-800-628~6233 FAX: 1-256-355-0852 

SUBMIT YOUR BID ON THIS FORM. FAILURE TO DO SO MAY DISQUALIFY THE BID. 

BID #002 TO BE OPENED JANUARY 20, 2000 

•

• 

132 

MINUTE BOOK 



• 

I 

HARRISON COUNTY FIRE SERVICE 

201 21 WORTHAM ROAD 

SAUCIER, MS 39574 

228-832-0638 : FAX 228-831 -3358 

• 

Self-Contained Breathing Apparatus (SCBA) 

I. Purpose 

Product Specification Sheet 

To establish minimum standards for open-circuit self-contained breathing apparatus 

(SCBA). 

I 

II. Type 

The open-eircuit self-contained breathing apparatus covered by this specffieation shall be 

of the type using compressed air. 

III. Approvals 

A The apparatus shall be certified by the National Institute for OcaJpational Safety and 

Health (NIOSH) under Title 42, Part B4 of the Code of Federal Regulations for 30-, 45-, or 

6O-minute rated service life and for use at temperatures between -3Q°F and 160°F. 

• 

B. The apparatus shall be compliant with all performance requirements of the National 

Fire Protection Association's 1997 edition of NFPA 1981, Standard on Open-Circuil Self 

Contained Breathing Apparatus for Fire Fighters. 

IV. Facepiece 

T'oWntyT'w\-enty facepiece 

1. Be constructed (in the rims, nozzle cover, and exhalation valve access cover) of a 

super-tough material that will withstand a 30-foot drop onto concrete without sustaining 

breakage. 

I

MINUTE BOOK 

• BOARD OF SUPERVISORS, HARRISON COUNTY. MISSISSIPPI 


I 

133 

• 

2. Be available in silicone rubber in three color-roded sizes to fit various facial 

shapes and sizes. The facepiece shall have a mask skirt sealing area of not less than 

,1 'Ai" in width. 

3. Contain a replaceable, non-shatter-type, poiycarbonate, dual-curve, toroidalshaped 

lens located to provide a satisfactory field of vision. The lens shall be coated on 

the outside surface to help prevent abrasion and on the inside to inhibit fogging. The 

lens shall be secured in the facepiece by a durable plastic retainer. 

I 

4. Allow air to enter the facepiece in a manner that will reduce the possibility of 

moisture accumulation on the lens. 

5. Employ an adjustable 5-strap silicone rubber headband assembly held in place by 

buckles designed to prevent inadvertent loosening. An optional 5-strap HeadnetmeSh-style 

assembly shall be available and shall be interchangeable with the silicone 

rubber headband. It shall only be necessary to tighten the bottom I'M) straps to secure 

the Headnet to the face. The top three straps shall be stationary. All straps for both the 

silicone headband assembly and the Headnet shall be attached to the rim of the 

facepiece, rather than the silicone skirt, to reduce distortion of the sealing surface wtIen 

tightened. 

• 

8. Have field-replaceable components throughout. 

6. Contain an easily removable exhalation module which employs a silicone rubber 

exhalation valve designed for easy cleaning. 

7. Utilize a Kapton

134 

MINUTE BOOK 



• 

I 

v. Regulator System and Intermediate Pressure Hose 

The, regulator system shall be designed to operate in tv.o independent stages. The first 

stage reducer shall be mounted directly on the cylinder valve. There shall be no hoses or 

links carrying high pressure except for the pressure gauge line. The second stage shall be 

designed to provide positive pressure during an NFPA breathing machine test at 70 psi 

inlet pressure. 

• 

A 

If the SCBA is equipped with a Wlistle alarm, the first stage regUlator shall: 

1. Contain an overpressurization relief valve designed to vent relief pressure to the 

atmosphere should failure of the regUlator's primary elements occur. 

2. Contain a pressure-reducing valve to reduce pressure from the cylinder to 90-130 

psig. The reducing valve assembly shall be a balanced valve design and shall provide 

uniform flow performance throughout the full cylinder pressure range. This valve shall 

have a sintered metal inlet filter to retain particles of 120 microns or greater, shall be in 

an open position against the high pressure inlet, and shall seat in the direction of air 

flow. 

3. Be attached to a CGA handvllheel 'With a threaded stainless steel core, color-coded 

to denote low or high pressure systems. This handvllheel shall secure the first stage 

regulator assembly to the cylinder valve. 

I 

• 

B. If the SCBA is equipped with a bell alarm, the first stage regulator shall: 

1. Contain an automatic back-up system to permit flow of air at a controlled pressure 

from the cylinder through the regulator should failure of the regulator's primary 

elements occur. The flow passage shall be integral to the regulator and designed to 

feed relief pressure through the regulator, providing continuous uninterrupted operation 

with no air loss to the user. 

2. Contain a pressure-reducing valve to reduce pressure from the cylinder to 90-130 

psig. The reducing valve assembly shall be a balanced valve design and shall provide 

uniform flow performance throughout the full cylinder pressure range. This valve shall 

have a screen metal inlet filter to retain particles of 30 microns or greater, shall be in an 

open position against the high pressure inlet, and shall seat in the direction of air flow. 

3. Be attached to a CGA handwheel Vvith a threaded stainless steel core, color-coded 

to denote low or high pressure systems. This handwheel shall secure the first stage 

regulator assembly to ltle cylinder valve. 

-3- 

I 

•

• 

MINUTE BOOK 



I 

135 

• 

C. The second stage regulator shall: 

1. Be constructed of a super-tough material that will withstand a 3O-foot drop onto 

'concrete INithout sustaining breakage. The upper portion of the regulator, including the 

shutoff button, shall be covered by a rubber boot for impact absorption. 

2. Be a "pilot valve" type. It shall contain a spring-biased diaphragm, responsive to 

respiration demand, to actuate a pilot valve '

136 

MINUTE BOOK 



• 

I 

3. Contain a metal screen inlet filter to retain particles of 120 microns or greater. 

VI. Audible Alarm 

. , 

The user shall have the option of choosing either a .......nistle alarm or a bell alarm. 

;Z,,1'->J w (- 

A The .......nistle alarm shall be incorporated into the chest-mounted pressure gauge 

assembly and shall be an air-actuated, continuous-sounding whistle, automatically 

operating vtlen air pressure in the supply cylinder reaches approximately 25% of original 

full pressure. The alarm flute shall be dO'M1'Nard-facing, so as to prevent blockage. The 

alarm shall have a metal side guard to further prevent blockage. 

B. The bell alarm shall be incorporated into the first stage regulator and shall be an airactuated, 

self-cocking, continuous ringing bell, automatically operating vtlen air pressure in 

the supply cylinder reaches approximately 25% of original full pressure. 

• 

I 

VII. Pressure Gauge 

The pressure gauge shall be remotely mounted on the right shoulder strap within easy view 

of the user and shall indicate the quantity of air remaining in the cylinder. The gauge shall 

swivel to allow protection of the gauge face against the user's body, and shall be angled 

toward the user when turned for Viewing. The gauge shall be luminous and shall be 

protected with a rubber guard which is color-coded to denote low or high pressure systems. 

VIII. Cylinder 

• 

A The volume of the 3O-minute cylinder shall be approximately 45 cubic feet .......nen filled 

to 2216 psig or 4500 psig pressure and shall conform to the DOT approval or exemption 

numbers listed in section F below. 

B. The volume of the 45-minute cylinder shall be approXimately 66 cubic feet when filled 

to 4500 psig pressure and shall conform to the DOT exemption numbers listed in section F 

below. 

C, The volume of the 6O-minute cylinder shall be approximately 87 cubic feet when filled 

to 4500 psig pressure and shall conform to U1e DOT exemption numbers listed in section F 

below, 

D. The cylinder shall contain a closing valve vkiich incorporates a pressure gauge to 

indicate the cylinder pressure at all times. The handv.tleel shall be at a 90° angle from the 

longitudinal axis of the cylinder. 

I 

.5- 

•

MINUTE BOOK 



I 

137 

• 

F. Cylinders, less air and Cylinder valves, shall not exceed the follO'.'ling '.wights: 

I 

E. The cylinder shall be either an all-aluminum, fully 'MaPped, or hoop-wrapped design. 

Wrapped cylinders shall be constructed of a deep-drawrJ, seamless aluminum liner wound 

with high-strength fiberglass or carbon filaments impregnated with epoxy resin. 

1. 3O-minlrte, all-aluminum, 2216 psig: 17.31b (DOT-3AL). 

~ 2. 3O-minlrte, fiberglass hoop.wrapped, 2216 psig: 11.81b (DOT-E-7235). 

3. 3O-minute, fiberglass fully wrapped, 2216 psig: 9.4 Ib (DOT-E-805919634). 

4, 3O-minlrte, carbon fully 'M'apped, 2216 psig: 6.71b (DOT-E-10915). 

5. 3O-minlrte, fiberglass hoop.wrapped, 4500 psig: 11.51b (DOT-E-9894). 

6. 3Q-minute, fiberglass hoop-wrapped (tvJin), 4500 psig, 12.0 Ib (DOT-E-9894). 

7. 3O-rninlrte, fiberglass fully 'Mapped, 4500 psig: 10.3 Ib (DOT-E--8059/9634). 

8. 3O-minute, carbon fully wrapped, 4SOO psig: 6.4 Ib (DOT-E-10915). 

9. 45--minute, fiberglass fully wrapped, 4500 psig: 14.6 Ib (DOT-E--805919634). 

10. 45--minlrte, carbon fully wrapped, 4500 psig: a.6lb (DOT-E-10915). 

11. 6O--minlrte, fiberglass fully wrapped, 4500 psig: 1751b (DOT-E--8059/9634). 

12. So-minute carbon fully wrapped, 4500 psig: 11.6 Ib (DOT-E-1 0915). 

IX. Cylinder Valve 

A The cylinder valve shall be fitted with a tv.o-sided luminous boldface dial-type gauge 

with rubber and metal protective guards. The cylinder valve body shall be permanently 

• coated to prevent galling and corrosion. 

B. The cylinder valve shall have a large rubber-coated hand'M1eel with a safety locking 

collar device to keep the handvvtleel locked Dpen during use. 

C. The cylinder valve outlet shall conform with the Compressed Gas AsSOciation (CGA) 

standard for threaded connection: for low pressure, number 346: for high pressure, number 

347. 

X. Harness and Backpack 

MjghtyUght~backpack 

I 

The backpack and hamess assembly shall weigh apprOXimately 4 pounds. No tools shall 

be necessary to replace any hamess components. No adhesives shall be necessary to 

secure any replaceable components. The backpack harness shall be readily adjustable for 

various '.warer sizes, and shall indude the following components: 

• 

1. Harness straps of Kevlar~/Nomex~ composite construction to provide maximum 

resistance to high temperatures, flame, and abrasion. The harness shall have a coating 

to prevent the straps from becoming limp. The shoulder straps shall have thick, Nomex- 

-6-

138 

MINUTE BOOK 



• 

I 

covered neoprene padding attached for user comfort and shall have snap-open hose 

loops for ease of maintenance. All hamess straps shall secure to the backpack without 

fasteners, utilizing the WedgeLock style of attachment. 

2. A tv.o-piece KevlarINomex waist strap, adjustable from both sides, .,.,.;th a frontrelease 

metal automotive-style belt buckle. An optional front release plastic belt buckle 

shall also be available. The waist strap shall be tightened by pull-forward-style straps. 

3. A waist-strap-mounted holder for the second stage regulator so that the regulator 

may be kept actuated in a stand4)y mode during use, and so that the regulator may be 

stored protected from the environment v.t1en not in use. The holder shall have a 

provision for relief of excess pressure 'h-t1en the regulator is actuated, and it shall have a 

checl< valve (vacuum breaker) to prevent the regulator from being accidentally actuated 

upon removal from the holdeL 

4. A long..fiber flame- and heat-resistant polymer backplate contoured to the user's 

back. With the simple addition of an optional mounting block, the backplate shall be 

capable of accommodating a low-profile twin cylinder assembly. The backplate shall 

incorporate a friction pad in the tank band area to help keep the cylinder in the proper 

position. 

5. A hose attachment block to keep the intermediate pressure hose and the gauge 

hose sealred in their proper position, so that during a cylinder change, the hoses do not 

reposition the eGA handv.tleel to misalign with the cylinder valve. 

6. A tubular stainless steel cylinder support and an adjustable KevlarlNomex cylinder 

band to property Sealre various sizes of single and twin (low-profile) cylinders. The 

cylinder band shall be secured to the backpack with a cam-over style buckle that 

attaches to a spring-loaded catch. 

• 

I 

• 

7. A padded (4 inches minimum) lumbar support for user comfort and safety. 

8. Long-fiber flame- and heat-resistant polymer hinged andpadded "wings" to position 

the backpack comfortably and securely on the hips and to stabliize the backpack during 

movement. 

9. A snap hook-style mask hanger situated on the left shoulder strap for attachment of 

the facepiece in a convenient, protected, stand..tJy position. 

XI. Garrying case 

If specified, a molded carrying case shall be prOVided to retain the complete apparatus and 

instruction card or booklet The carrying case shall have replaceable front latches. 

I 

-5uf-\.- U>;5'c 

-(.t

139 

MINUTE BOOK 



I 

• 

Xli. Instruction Card or Booklet 

An instruction card or booklet shall be provided with ead1 apparatus. Instructions shall 

contain complete operation and maintenance procedures. 

XIII. Warranty and Overhaul Cycle 

I 

The apparatus shall carry a limited warranty of not less than Melve (12) years, with the 

exception of the cylinder, ....t1ich shall carry a limited warranty of not less than fifteen (15) 

years, and the first stage regulator, v.A1ich shall carry a limited warranty of not less than the 

lH'etime of the SCBA The overhaul cycle for the apparatus, including the regulators, shall 

be a period of not less than six years. 

XIV. Accessories 

B. BUddy breathing adapter. 

• 

I 

The following NIOSH-certified accessories shall be available for the apparatus: 

A. Supplied air attachment. 

C. Anti-fog solution. 

D. Radio communication system. 

E. Mask-rnounted voice amplification system. 

"/( F. Integrated PASS device. )to 

G. Digital gauge and 3--stage audible and visual electronic a/ann. 

H. Rapid cylinder filling system. 

I. Haz-rnat suit pass-through fitting. 

J. Lens cover. 

K 

Neck strap. 

-EQUivalent self-contained breathing apparatus will be considered 

that are compatible with the existing new SCBA's presently In use 

by the Harrison County Fire Services . 

• 

-8-

.AIru3J i 

~I 

Cl1anoe 

ES~IMATED 20-YEAR PANTHER LABOR HOURS 

5 i ~ 7 8 9 110 11 12 13 14 15 16 17 18 19 20 (1111 

Annual 

FkJw ' 

Test' I 

5.5 I 5,5 1 5.5 1 5.5 15.515.5155155 1 55 1 5.5 I 55 15515.51551 5.5 I 55 I 5.5 I 55 I 5.5 1 55 

150 min. I I 

0 

'TI 

(J) 

1.0 I 1.0 1 1.0 I 1.0 1 1.0 I 1.01 1.0 I 1.0 I 10 I 1.0 I 1.0 1 101 1.0 I 1.0 I 1.0 I 1.0 I ·1.0 I 1.0 I 1.0 I 1.0 120 min. I 

C 

I" "'0 

1 

m 

t- 

tIJ ~ 

0 0 

;t:. 

;:Q 

C 

mm 

~iii3: ~ 

c:o 

~;:Q- 

(J)2 

~ .. c: 

-

• 

MINUTE BOOK 



I 

GENERAL: 

• 

1. 

I 

MINIMUM Specifications and Bid Form for Thirty (30) or more Self Contained Breathing Apparatus 

for use by Harrison County Fire Departments. 

2. 

3. 

4. 

5. 

• 

The SCBA must have NIOSH/MSHA approval. Furthermore, they must be approved according 


A. The SCBA must be the pressure demand only type, meaning they should be able to be set 

in a demand (negative) mode. 

B. The SCBA must be able to deliver a minute volume of 120 liters, with a peak flow of 360 



fire fighter activity and fast movement of the head, (from side to side and up and dOwn). 





with each bid for review by Harrison County for a period of 60 days. 




3. On site training in the repair and servicing for the SCBA's. 


5. On the site, in service training, for the use of the SCBA system offered. 



2. Annual performance checks cost. 

6. Bid prices shall remain valid for a period of sixty (60) days beginning with the bid opening date. 

SCBA MANUFACTURER: _~~'-- ~ 

MODEL NUMBER: A:.0,~M~ 

WARRANTY: 3JJS {LJ/4W (;;vf1 hwn-r-e~ ~ k#i1)J§\f4: -PtlQ~!W~ 

DELIVERY DATE: 30 ~(,CJ ~fY AKO 

BID PRICE FOR A COMPLETE SCBA $ '3glf-500 

EACH 

BID PRICE FOR ADDITiONAL 30 MINUTE FIC WRAPPED CYLINDER $ ~55(oo 


I 

• 

SUBMIT YOUR 810 ON THIS FORM. FAILURE TO 00 SO MAY DISQUALIFY THE BID. 


142 

MINUTE BOOK 



• 

I 

Draeger Safety 

I-Drager 

• 

Draeger's AirBoss' Evolution meets and 

exceeds the requirements of NIOSH and NFPA 

for seii-contained breathing apparatus for fire 

ffghhng. The AlrBoss' E'/olution leto you 

ccnce,trate D.1 the job at hand, not On your 

eqLipmect This unft combines the latest 

pneumatics I'

• 

MINUTE BOOK 



I 

143 

Oli17/00 17:36 FAX 

Dr~eger Safety 

4127885606 .. ~RAEGER 

Illraser 

• 

I 

Draeger's SCBA AirBoss" PSS 100 is designed 

10 al:minale weight slress on the wearer's bad< 

ana shculeer. The AirBcss" PSS100 takes the 

load off the user's back by carrying the un~s 

• 

weign\ cOlTlpletely on the hips, reducing 

backstraln while increaBlng slabllity. II moves 

w:th the wearer, bolh vertically through a unique 

two piece backplate and horizonlally by a swivel 

WOIStlleil. This increased flexibilitY allows Ihe 

wearer '0 work efiortlessly, more effectively and 

longer. The '"nique helghl adjusimen1 of the 

backp:ate ?ermns the unit to achieve a lailor 

Olace fil with My torso length. By combining 

these fealures with Ihe fates! proven 

~neLmatc3, Drae~er's AirBoss· PSS100 

demonslrates once agam thai you can depend 

Dn Draeger hioovation. 

I 

A,~>::eS5")'le$' 

• Au,tt.i)'"-r.r..l:"~,,ro«tll;l1 

• ',I(l'I'liu:l\ F'l*nl,:7e ("..IWW'~~" 

• 

El(lo.,...,;""KolH ~ :>~l,j,*, 

·a\oi;'~i 

~fqljilJ!rItIlll'f.t"6/t.te~r

144 

MINUTE BOOK 



• 

I 

Draeger Safety 

IDrager 

I 

PGH 

Ell)¢1ronl¢l!lSpIayt)fti'netQ 

akr.n m ~iI'Id&I' preS4ure 

~004 

~~~lHy to. flq.J!Frr.er,t 

:Ji9-d!edtceforel.isl! 

• 

Thurt1'lelAb!:?!pIif.Y1 

wi+lJ M u!tlll.a~lH.dbtc 

1lI:Tl'I~~~ 

AirBoss Se~tinel 

Draeger has again produced a first: the 

AirBoss Sentinel~ This unrt replaces the 

mechanical gauge and integrates the IPASS 

i"~o a single life-supporting monitoring device. 

h additbn to !hese features tre compact 

AirElvss Sentinel" provides temperature .data 

and alarms, as well as lirr.e to low pressure 

ala'm. The previous is re

MINUTE BOOK 



145 

I 

5. The Board does hereby find that the bid of Tupelo Fire Equipment 

Company, in the total amount of EIGHTY-TWO THOUSAND THREE HUNDRED 

TWENTY AND 00/100 DOLLARS ($82,320.00) for 40 complete units at $2,058.00 

each and 40 extra cylinders at no charge, is the lowest bid meeting 

specifications and, therefore, the best received for the Bid #002, Thirty (301 

or more Self Contained Breathing Apparatus, and that said bid is reasonable 

and fair and should be accepted. 

6. That George M. Mixon, Fire Coordinator, has recommended that said 

• 

bid be accepted. It is therefore 


MISSISSIPPI, as recommended by George M. Mixon, Fire Coordinator, that the 

bid of Tupelo Fire Equipment Company be, and the same is HEREBY ACCEPTED 

I 

for Bid #002, Thirty (301 or more Self Contained Breathing Apparatus for the 

Fire Services Department, at and for a consideration of EIGHTY-TWO 

THOUSAI\ID THREE HUI\IDRED TWENTY AI\ID 00/100 DOLLARS ($82,320.001 for 40 

complete units at $2,058.00 each and 40 extra cylinders at no charge. 


• 







AYE 

AYE 

AYE 

AYE 

I 


AYE 




• 


* * *

• 

146 

MINUTE BOOK 




ORDER ACCEPTINC THE LOWEST BID OF $14,509.00 RECEIVED 

FROM CUMMINS MID-SOUTH, L.L.C. FOR BID #003, ONE (1) 80 

KW CENERATOR FOR THE HARRISON COUNTY OFFICE 

BUILDINC; AND 'rHE LOWEST BID OF $21,929.00 RECEIVED 

FROM CUMMINS MID-SOUTH, L.L.C. FOR BID #004, ONE (1) 150 

KW CENERATOR FOR THE BILOXI HEALTH DEPARTMENT, AS 

RECOMMENDED BY TIM MURRAY, OUTSIDE BUILDINC & 

CROUNDS SUPERINTENDENT 

• 

I 

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


December 1999, adopted an Order authorizing and directing the Clerk of the 

Board to cause publication to be made of Notice of InVitation to Bid for Bid 

• 

#003, One (1) 80 KW Diesel Generator for the Harrison county Office Building, 

and for Bid #004, One (1) 150 KW Diesel Generator for the Biloxi Health 

Department BUilding. 



I 

having a general circulation in Harrison County, Mississippi for more than one 


publication of said Notice, and that the Publisher's Affidavit of proof of 

Publication has been filed with the Clerk of this Board, by said Clerk exhibited 

to the Board, and shows that said Notice of InVitation to Bid was published 

• 


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

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

seven (7) working days prior to January 20, 2000, the day fixed for receiving 

said bids in the Order identified in paragrabh one thereof, said Proof of 

publication being in the following form, words, and figureS, to-wit: 

I

147 

• 

MINUTE BOOK 



I 




• 

I 

• 

Vol. 11 /.p No.,~ dated-l-day Of~ZA-DJ:J 

Vol..--,-1-'--J1IlLJQc- No.,~ dated~ day o~, ~ 


VoL No., dated day of . 19__. 

Vol. No., dated day of ,19__- 

Vol. No., dated day of , 19__' 


Printer's Fee 


established and published continuously in said county for a period of 

lb iiA; Q- 11 . Cf?UlAfQ a 


notice. 

Before me, the undersigne}J INo 

ry Public 

Mississippi, personally appeared --"U'-4-......4..L..........JL.

• 

148 

MINUTE BOOK 



• 

I 


ONE (1) 80kW DIESEL GENERATOR 

FOR THE HARRISON COUNTY OFFICE BUILDING 

• 

BIDDER MANUFACTURER BID PRICE 

CUMMINS 

ONAN 

MID-SOUTH 

MODEL DGDA 

L.L.C. 80 kW GENERATOR $14,509.00 

K&R 

GENERAC 

SERVICES 

MODEL SDOO80 

INC. 80 kW GENERATOR $16,833.00 

I 

MORGAN 

TRADEWINDS 

ENGINE & SUPPLY MODEL TP-90 

COMPANY, INC. 80 kW GENERATOR $17,300.00 

KOSSEN 

KOHLER 

EQUIPMENT MODEL 80ROZJ 


• 

KENNEDY 

ENGINE 

GENERAC 

MODEL SD0080 

80 kW GENERATOR $18,341.87 

I

149 

MINUTE BOOK 



I 

MORGAN 

ENGINE8/.. 

SUPPLY CO., Inc. 


Pascagoula, Mississippi 39581 

P.O. Box 1507 

Pascagoula, Mississippi 39568-1507 

• 


QUOTE 

Phone 228-7624355 

Fax 228-762-7132 

MorganEngine@AOL.Com 

HM001394 

I 




GULFPORT. MS 39502 

ATTENTION:· CLERK OF THE BOARD 




• 


BID NO. OOI.J FOR ONE (1) 150 KIN DIESEL 



PACKAGES. FOR YOUR CONSIDERATION: 


PACKAGE PRICE F.O.B. JOB SITE $11.273.00 EACH 

TOTAL PRICE --- $33,819.00 

I 


PACKAGE PRICE F.O.B. JOB SITE --- $17.300.00 

ITEM (3) BID NO. OOI.J ONE (1) 150 KW DIESEL GENERATOR PKG. 


•

150 

MINUTE BOOK 



• 

I 

MORGAN ENGINE & SUPPLY CO. INC. 

PAGE 2 

PACKAGE 

CONSIST: 

A. ITEM (1) BID NO. 001 (35 KW) 120/240 V SINGLE PHASE 









BLOCK HEATER. 









AN ALL WEATHER ENCLOSURE. 


250 GALLONS. 



• 

I 

• 

I 

•

MINUTE BOOK 



I 

151 


• 





I 





• 

NOTE : 








I 

SUBMITTED 

BY: 

(J/3.~~(l 

J. B. MORGAN. JR. 


•

152 

MINUTE BOOK 



• 

I 

MINIMUM SPECIFICATIONS AND BID FORM FOR TWO EMERGENCY GENERATORS 

PART I - 

AN ENGINE IGENERATOR FOR THE HARRiSON COUNTY OFFICE BUILDING 

PART 11- AN ENGINE IGENERATOR FOR THE BILOXI HEALTH DEPARTMENT BUILDING 

GENERAL: 


• 





the Purchasing Department to be answered by Mrs. Linda Rouse, the County Civil Defense 

Coordinator, (228) 865-4002 or Tim Murray, Outside Building & Grounds (228) 896-0212 

I 

BID PRICE FOR PART 1 $ 14,509.00 

BID PRICE FOR PART II $ 21,929.00 

Generator Manufacturer's Brand Name: ~~_OW\N~=--_~ 

Delivery Schedule: Six (6) W2eks 80 K. W. - Eight (8) 150 RW 

_ 

• 

Warranty: 

Two __(:.....2~)_y, __ear __standby_..;:::...::;~Fu1.=1~Covera=..:..:=..:::.;ge~ 

_ 

I certify that the equipment being offered meets or exceeds the foregoing specifications 

DATE: ,Jannary 18th. 2000 

~~::EODRBY (:~~:,::::rr~itL~ ~ &l- 

Richard L. Harr1SOl1, ~ Systens es Mmager 

ADDRESS: POBox 54224. Jackson. r.f) 39288 4224 

TELEPHONE!>01-932-7013 FAX. 601-932-7399 

SU8MIT YOUR BID ON THIS FORM. FAILURE TO DO~S'-=O---'M=:=A:-:-Y~D=-=IS--=Q"""'U"""A"""'L"-Ccl F~YC-CY~O~U~R~B-:ID=-. 

I 

PART I - BID #003 TO BE OPENED JANUARY 20, 2000 

PART" - BID #004 TO BE OPENED JANUARY 20,2000 

•

153 

MINUTE BOOK 



I 


PO BOX 54224 

• 


(601)932-7013 


Quotation 

I 

Attention: 

Project Name: Harrison Co Office Bldg. 

Quotation: 14562000118013604 

Thank you tor your inquiry. We are pleased to quote as follows: 

US Dollars 

• 

R106-2 

B413-2 

I 

80DGDA 

A331-2 

L060-2 

H559-2 

B240-2 

A356-2 

H536-2 

KM65-2 

KD23-2 

C168-2 

F179-2 

E082-2 

H036-2 

L026-2 

L029-2 

A322-2 

SPEC-M 

F065-2 

H268-2 

sens 

ESB 

shop 

• 

Description 

Generator Set 

Genset-Diesel,60Hz,80kW 


Compliance-Emissions,Us Epa Mobile Off 

Highway 

Voltage-120/240,3 Phase Delta 

Alternator-60hz, t 2Jd,Upper Broad 

Range,150c,Stdby 


Exciter/Regulator-Torque Match 

Engine Governor-Mechanical, 5% Droop 

Display Language-English 

Circuit Breaker Mtg-Single Brkr, Left Of Control 

Circuit Breaker-250a,3pole,240v,Thermo 

Magnetic,UI 

Fuel Tank-Dual Wall Subbase, 24 Hour 

Capacity 


Engine Cooling-Radiator, 40C Ambient 

Coolant Heater-120 Volt Ac, Single Phase 

Test Record-Certified 

Warranty-2 Year Standby 


Product Revision - M 

Rack-Battery 


Trickle charger 2 AMP 

Battery 

Start up and training

154 

MINUTE BOOK 



I 

Project Name: Harrison Co Office Bldg. 

Description 

Grand Total 14,509.00 

Not included is Fuel, plumbing, piping, loading, rigging, installation, wiring, or sales tax. The price is FOB 

Minneapolis, Minnesota with freight allowed to first point of destination, or jobslte. Lead time on this unit is 

6 weeks. 

• 

Su;j~ 

Rich Harrison . 


(601)932-7013 


I 

• 

I 

•

• 

MINUTE BOOK 



15;i 

I 

• 

I 

2-Year Prime Power 

Extended Coverage L040'" 

For prime power applications only, the complete electrical 

generator set package (generator set, controls, and 

acessories), as provided by the single-source manufacturer, 

shall be warranled by said manufacturer against 

defects in materials and workmanship for a period of two 

years or 6000 hours, wh ichever occurs firstfrom the date 

of system start-up. Said coverage shall include replacement 

parts and the labor to replace warrantable parts, per 

• 

the manufacturer's standard published limited warranty. 

The owner is responsible for all expenses beyond the 

base warranty period except as described above. There 

shall be no deductibles applied to said warranty. 

I 

Onan Worldwide Warranty and 

Extended Coverage Program Options 

1-Year Base Warranty L028 

The complete electrical power system (generator set, 

controls, and associated switches, switchgear and 

accessories), as provided bythe single-source manufacturer, 

shall be warranted by said manufacturer against 

defects in materials and workmanship for a period of one 

year from the date 01 system start-up. Said coverage shall 

include parts, labor, travel expenses, and labor to 

remove/reinstall said equipment, per the manufacturer's 

standard published limited warranty. 

2-Year Extended Warranty L029 

For standby power applications only, the complete electrical 

power system (generator set, controls, and associated 

switches, switchgear, and accessories), as provided 

by the single-source manufacturer, shall be 

warranted by said manufacturer against defects in materials 

and workmanship for a period of two years or 1500 

hours, whichever occurs lirst Irom the date of system 

start-up. Said coverage shall include parts, labor, travel 

expenses, and labor to remove/reinstall said equipment, 

per the manUfacturer's standard published limited warranty. 

There shall be no deductibles applied to said 

warranty. 

S-Year Comprehensive 

Extended Coverage L031 


power system (generator set, controls, and asso- 

ciated switches, switchgear, and accessories), as provided 

by the single-source manulacturer, shall be 

warranted by said manufacturer against delects in materials 

and workmanship for a period of five years or 1500 

hours, whichever occurs first from the date of system 



per the manufacturer's standard published warranty. 

There shall be no deductibles applied to said warranty. 

5-Year Basic Extended Coverage L030 




by the single-source manulacturer, shall be 

warranted by said manfacturer against defects in materials 


hours, whichever occurs first Irom the date of system 

start-up. Said coverage shall include replacement parts 

for the entire coverage period as well as the labor to 

replace warrantable parts, through the second year of 

coverage, per the manufacturer's standard published 

limited warranty. The owner is responsible for all 

expenses beyond the base warranty period except as 

described above. There shall be no deductibles applied 

to said warranty. 

10-Year Major Components 

Extended Coverage L041 '" 


power syslem (generator set, controls, and associated 



warranted by said manulacturer against delects in materials 

and workmanship for a period 01 ten years or 3000 

hours, Whichever occurs first from the date of system 

start-up. Said coverage shall include replacement parts, 

as specified, lor the entire coverage period as well as the 

labor to replaceable warrantable parts, through the 

second year of coverage, per the manufacturer's standard 

published limited warranty. The owner is responGible 

lor all expenses beyond the base warranty period except 

as described above. There shall be no deductibles applied 


'These programs are available only in the United Slate. and Canada. 

• 

The above are summary descriptions 01 Onan's worldwide limited warranty and extended coverage program options to be 

used as general information or outlines of available coverages. Please relerto Bulletin AB2001 forspecilic program details. 

3/1 /90 

Bulletin AB2003

156 

MINUTE BOOK 

BOARD OF SUPERVISORS, HARRISON COUNTY 1 MISSISSIPPI 


• 

I 


PART I - 

AN ENGINE {GENERATOR FOR THE HARRISON COUNTY OFFICE BUILDING 

PART II - AN ENGINE {GENERATOR FOR THE BILOXI HEALTH DEPARTMENT BUILDING 

GENERAL: 


• 

2. The bid price shall Include all freight, unloading, installation and rigging fees. 





Coordinator, (228) 865-4002 or Tim Murray, Outside Building & Grounds (228) 896-0212. 

I 

BID PRICE FOR PART I 

BID PRICE FOR PART " 

$ 16".83'1-00 

$_~__~_ 

Generator Manufacturer's Brand Name: -----"G.=

157 

• 

MINUTE BOOK 



I 

~[C.t 

..""'. & ~; 

• 

p, .. ' 

• 

158 

MINUTE BOOK 



• 

I 


Page 2 







Installed critical muffier 


Air Duct adapter 

135AH l2vdc Battery (Type 40) 



'1." Diesel Flexible Fuel Line (2 Required) 

3"x 18" Vibration Pads 

308 gallon fuel tank 

Stub up 

double wall 

UL Approved36 inches in height 

(2) sets of Owner's Manuals 

BASE PRICE: ~16,833.00 GULFPORT, MS 

Price does not include installation or rig!!:ln!!. 

Price does not include hook-up Or fuel for tcsting. 

Price includes delivery to customer's site.. 

Please allow 8to 10 weeks for delivery from date ofreceiving you PO and your signed acceptance of 

the correctness ofthis bill ofmaterials. 



• 

I 

• 


Your PO Number Signature accepting bill of materials Date signed 


/I4(r«~- 

Robert N. Fortenberry 

RNF/mg 

I

159 

• 

MINUTE BOOK 



I 

• 

GENERAC BASIC I; YEAR L1MIT¥O WARRANTY FOR STANDBY POWER SYSTEMS 

For a period of !Ive (5) years or 1500 hours of operation Irom date of sale, whichever occurs first. Generae Corporation 

will, at lis opUon, repair or reptace any part which Is found 10 be delectlve1n materials or workmanship under normal use 

and service, In accordance with the warranty schedule set forth below. This warranty Is limited to Ihe original gurchaser. 

Any equipment which the purchaser claims to be defective must bo returned to and examined by Ihe nearesl iluthorlzed 

Generac warranlY service IacWIY. All lranspOrlatlon costs under the warranty, Including reiurn 10 the fectory, are to be borne 

by the purchase!, 

This warranty Is limited to Generac Standby Power Systems Which have (a) BEEN INSTALLED IN THE UNITED STATES 

OR CANADA, and (b) AN OUTPUT RATING OF 1OKW OR ABOVE. Thewarranled system musllnclude a Generae Engine 

Driven Allernalor and Generac Transfer Swlleh. This warranty applies only \0 generators used In a standby applications 

as 'Standby' has been defined by Generac, provided said generator has been Initially Installed and Inspected on-site by 

an authorized Generac Dlslrlbutor or branch thereof. 

WARRANTY SCHEDULE 

YE:\R oNE-100% coverage on mileage', labor and parts listed: 

ENGINE-All components 

ALTERNATOR-All components 

TRANSFER SYSTEM-AII components 

I 

YEAR TWO-100% coverage of labor and paris lisled: 

YEAR THREE-50% coverage of parts listed: 

YEAR FOUR---60% coVerage of parts listed: 


TRANSFER SYSTEM-All components 

ROTOR, STATOR. and EXC~TER WINDINGS 

ROTOR, STATOR, and EXCITER WINDINGS 

• 

An warranty expense allo~anees 

I 

YEAR ~IVE---60% coverage of parts listed: 

PROCEDURES Manual. 

• ROTOR, STATOR, and EXCITER WINDINGS 

• Travel allowance Is limited (0 300 milo. or 7.5 hours, whlchevor oCCUrs lirst, and appllos only to permanenlly 

wired and mounted units. 

are subject 10 the conditions defined in the published GENERAC POLlCII;:S ANO 

To qualify for this warranty, Registration Form 60643 must be completed by the Generac Distributor selling the equipment 

and sent to Generac for approval within 30 days of the startup. 

THIS WARRANTY SHALL NOT APPLY TO: 

1. Cosls of normal maintenance, adJustmenls, Installation, and slarlup. " " , 

2. lJnlls sold, raled, or used for 'prime power" eppllcallons as 'Prime Power' has been dellned by Generac. Contact 

distributor for prime power definItion and warranty. ' ' 

3. Fellures due 10 (a) normal wear and tear, or (b) accident. misuse, abuse, negligence, or Improper Installation. 

4. Products which are modilled or altered In a manner hOt authorized by Generac In writing. 

S. Incidental, consequential, or Indiract damages caused by delects In malerlals or workmanship, or any delay In repair 

or replacement of the defective parts. 

6. Failures due to misapplication. 

7. Telephone. telegraph, teletype, or other communication expenses. 

8. Living or travel expenses of persons pertorming seNice, except as specUlcalty Included within the terms of a specUlc 

unit warranty. 

9. Rental equipment used while warranty repairs are being perlormed. 

10. Overtime labor. 

11. Engine block heaters, slartlng balleries, fuses, light bulbs, and engine fluids. 

THIS WARRANTY IS IN PLACE OF ALL OTHI;.R WARRANTIES, EXPRESS OR IMPliED. SPECIFICALLY, GENERAC 

MAKES NO OTHER WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some 

slales do nol all,"" limitations on now long an Implied warranty lasls, so the above Iirnltallon may not apply 10 you. 

GENERAC'S ONLY LIABILITY SHALL BE THE REPAIR OR REPLACEMENT OF PARTS AS STATED A130VE. IN NO 

SUCH EVENT SHALL GENERAC BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL OAMAGES, EVEN IF 

SUCH DAMAGES ARE A DIRECT RESULT OF GENERAC'S NEGLIGENCE. Some stales do IJOI allow the exclusion or 

• 

limilation of Incldenlal or consequential damages, so the above limitation may not apply to you. Buyer agrees to make 

no claims llgalnsl Genemc based on negligence. 

This warranty gives you specific legal rlghls, and you may elsa have olher rights wnlch vary from slale 10 slate. 

BulleUft Y. 854/ Prinled in USA 8.9l. 9.92. 3.93. 9.95

160 

MINUTE BOOK 

BOARD OF SUPERVISORS, HARRISON COUNTY I 


MISSISSIPPI 

• 

I 


PART I - 

AN ENGINE IGENERATOR FOR THE HARRISON COUNTY OFFICE BUILDING 

PART II - AN ENGINE IGENERATOR FOR THE BILOXI HEALTH DEPARTMENT BUILDING 

GENERAL: 


• 



4. Details of the manufacturer's warranty must be included wiin the bid. 




I 

BID PRICE FOR PART I $ 17,300.00 


Generator Manufacturer's Brand Name: _T:..:R.:..:..A;..=D-=E.=..'J~IN;:.:D:..:S:........::C..::.O.:..:..RP,-.,,-- 

Delivery Schedule: EIGHT (8) TO nO) WEEKS FRO" ORDER 

Warranty: TWO (2) YEARS FROM START-UP 

_ 

• 


DATE: JANUARY 19, 2000 

VENDOR MORGAN ENGINE & SUPPLY COMPANY. INC. 

SIGNED BY (Name and Title) J. B...ORGAN, JR. Q-/3.7J1~_Q..:.......... _ 

vICE PRESIDENT1GEN£]AL I1AN~ 

ADDRESS: P. O. BOX 1507 PASCAGOULA,"S 39568-1507 

TELEPHONE: 228-762-4355 FAX: 228-762-7132 

SUBMIT YOUR BID ON THIS FORM. FAILURE TO DO SO MAY DISQUALIFY YOUR BID. 

PART I - BID #003 TO BE OPENED JANUARY 20, 2000 

PART II - BID #004 TO BE OPENED JANUARY 20, 2000 

I 

•

161 

MINUTE BOOK 



I 

• PART I EMERGENCY GENERATOR FOR THE HARRISON COUNTY OFFICE BUILDING. 

I Engine/Generator: 

I 

• 

One 80KW Diesel Generator - 

Voltage 240/3ph/60hHZ!1800 rpm 

1. Engine to be radiator cooled with blowing fan. 

2. Engine and generator unit must be installed in an all weather enclosure with 

lockable doors. 

3. Sub-base fuel tank, double wall 250 gallons. 

4. Exhaust system installed silencer critical grade, with stainless steel flex 

5. Block heater 1500 watts (120V). 

6. Battery charger 12v trickle type (120V) 

7. Starting battery 12V 

8. Mainline circuit breaker sized to generator. 

9. Engine alarm and shutdown (safeties) for: 

a. High water temperature 

b. Low lube oil pressure 

c. Over speed 

10. All other standard equipment. 

II - Testing and start/up 

1. warranty two years from start up. 

2. Start up and training one day. 

3. Generator shall be factory tested With test report 

4. Startup of unit and load test with building load. 

5. Generator supplier shall have 24-hour service. 

I 

•

162 

MINUTE BOOK 



• 

I 

PART" EMERGENCY GENERATOR FOR THE BILOXI HEALTH DEPARTMENT 

• 

I - Engine/Generator: 

One diesel generator - 150 kW 1208 volts/60 hertz / 3 phase 

A. Engine shall be water cooled (radiator) with blowing fan. 

B. Engine/generator will be mounted on a common steel base with vibration isolators 

installed between engine/generator and base. 

C. Governor shall be electronic type. 

D. Engine safety devices for alarm and automatic shutdown on high water temperature, low 

lube oil pressure, over speed and over crank. 

E. Engine starting system 12 volts D.C. 

F. Starting battery, heavy duty, installed 

G. One automatic battery charger trickle type, installed 

H. Engine/generator installed in an all weather enclosure with lockable doors. 

I. Jacket water heater installed sized to engine. 

J. Exhaust system critical grade silencer with rain cap. 

K. One (1) sub-base fuel tank, double wall sized for 48 hours of operation. 

L. One (1) main line circuit breaker sized to generator. 

M. Generator shall be single bearing, brush less type with class F insulation 12 lead reconnectable 

and with PMG installed, automatic voltage regulator. 

I 

• 

II - Testing and start/up: 

A. Generator units shall be factory tested with test report. 

B. Start/up of units and load test with building load. 

C. Training shall be provided at time of starVup. 

D. The generator package shall be warranted for two (2) years. 

E. Generator supplier shall have 24hour service 

I 

•

163 

MINUTE BOOK 



I 

MORGAN 

:ENGINE8/. 




P,O, Box 1507 


• 

JANUARY 19. 2000 


Phone 228-762-4355 

Fax 228-762-7132 

MorganEngine@AOLCom 

I 





ATTENTION;' CLERK OF THE BOARD 




• 







PACKAGE PRICE F.O.B. JOB SITE $11,273.00 EACH 

TOTAL PRICE --- $33,819.00 

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164 

MINUTE BOOK 



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PACKAGE 

CONSIST: 










BLOCK HEATER. 






B. ITEM (2) BID NO. 003 (SOKW) DIESEL 





250 GALLONS. 



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165 

MINUTE BOOK 



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NOTE : 

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SUBMI TTED 

BY: 

C)I3'm~Y. 

J. B. I~ORGAN, JR. 


•

166 

MINUTE BOOK 



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I 

g 

.' 

",TRADEWINDS' 

FOR BID NO. 003 

MORGAN ENGINE & SUPPLY copIESEL GENERATOR SET 

P.O. BOX 1507 MODEL TP 90 

PAZCAGOULA, Ms 39~68 - 

~Perkins 

• 

46 (I1"J 

I 

• 

3 Phase Power Ratings 

Cycles 60Hz 50Hz 

Standby 90KW 75KW 

Prime 80KW 68KW 

Tradewinds Panel 

.~:::::... .. ~..,.. ~..".,.~."." 

.--- ~ 

.." ...~..,.. ".".,.. 

0__ 0:;.. ••_ ". • -" 

.-.-.- ::;.-- 

I (]U @ ~.- - • 

" ~ ""~- ...... J ~ E] ...!.... e"""e"""e""" 

..... 

. .. -. .",~. 

-_._--_. 

Standard Specifications 

Perkins Diesel Engine Modell006-6TGl 

Tropicalized Radiator 

Mechanical Governing 

Vibration Isolators 

Dry Type Air Cleaner 

12 Volt DC Engine Electric System 

Exhaust Stack & Rain Cap 

Brushle.. Single Bearing Alternator 

Automatic Voltage Regulator 

Tradewinds Integrated Control Panel 

Electric Engine Instruments 

AC Ammeter Voltmeter & Switch 

Dial Frequency Meter 

High Coolant Temperature Shutdown 

Low Oil Pressure Shutdown 

Polyurethane Paint Finish 

Load Bank Tested 

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167 

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MINUTE BOOK 



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MODEL IP-90 

• 

"'111611 

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Engine Specifications 

Engine Model 

Perkins 1006-6TG1 

Standby UP @ 1800 RPM 149.8 

• 

Number of Cylinders 6 

Displacement 

Bore 

Stroke 

365 cu in (6.0 litres) 

3.937 (100mm) 

5.0 (127mm) 

Aspiration 

tnrbocharged 

Engine Type 

In-Line 6 Cylinder 

Compressi'on Ratio 16.0:1 

Replaceable Dry Type Cylinder Liners 

lieavy Duty Cast Alloy Cylinder Heads 

Forged Steel Dynamically Balanced Crankshaft 

Rotary Injection Pump with Mechanical Governor 

Optional Equipment 

Battery Rack & Cables 

Battery Trickle Charger 

Main Line Circuit Breaker 

Manual Transfer Switch 


Auto Start Control 

Over Speed Shutdown 

Jacket Water Heater 

Single Phase 

Skid Base 

Shipping Characteristics 

Three Phase Unit Export Boxed 

Weight 1 2310 Ib (1048 kg) 

Stainless Steel Flexible 

Exhaust Connector 

Residential Muffler 

Critical Silencer 

Trailer Mounting 

Fuel Tank 

Enclosure 

Paralleling 

Electronic Governing 

Export Boxing 

Cnbe I L= 91 [2312\ W= 38 [965\ H= 57 [1448) 

Sbipping Weights & Dimensions May Vary With Options 

Dimensions For Three Phase Unit Above Are: incbes [mml 

August 197

168 

MINUTE BOOK 



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'§.';J 

---------- 

;";., 

MOROJ'l Et~G\NE 8< SUPPLY CO. . . 

; i .0. BOX 15' 7 DIESEL GENERATOR SET 

pt\$(r.GOULA/MS :;:.;:;::3 MODEL TP":150 

• 

&8(t 72:11 

;;. 

59(H9~1 

I 

J_' '11 '--~.~,---'-----~ 

~~_J 

• 

'--------100(2~~O:------------- 

3 Phase Power Rati~es Standard Specifications 

... 

Cycles 60 Hz SO Hz 

, SLandhy 150 KW 125 KW 

Prime' ., 135 KW 1I0KW 

Tradewinds Panel 

Perkins Diesel Engine Model 1306-9TGI 

Tropicalized Radiator 

Mechanical Governing 

Vibration Isolators 

Heavy Duty Dry 'type Air Cleaner 

12 Yolt DC Engine Electric SYstem 

Exhaust Stack & Rain Cap 

Brushless Single Bearing Alternator 

Automatic Voltage Regulator 

Tradewinds Integrated Control Panel 

Electric Engine Instruments 

AC Ammeter, Voltmeter & Switcb 

Dial Frequency Meter 

High Coolant Temperature Shutdown 

Low 011 Pressure Shutdown 

_ Polyurethane Paint Finish 

Load Bank Tested 

~ :- 

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169 

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MINUTE BOOK 



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.. MODEL·TP-150 

•&Bunl) 

I 

----------lflOCl;;::;~aJ----------- 

1---- '4111UJ 

Engine Model 

Engine Specifications , 

Perkins 1306-9TGI 

• 

Standby HP @ 1800 RPM 230 


Displacement 

531 cu in (8.7Iitres) 

Bore 

4.59 (116.6tnm) 

Slroke 

Aspiration 

Engine Type 

5.35 (135.9tnm) 

Tut:bocharged 

l 


r-----------,----------- 

Optional Equipment 

Battery, Rack & Cables 





Auto Start Control 


Jacket WatenHeater 

Single Phase 

Export Boxing 


Exliaust ConnectOl: 




Fuel Tank 

Enclosure 

Paralleling 


Compression Ratio 15.8:1 

I 

Replaceable Wet Type Cylinder Liners 

-_.... ~,;. 

Heavy Duty Cast Alloy Cylinder Head 

Forged Sleel Dynamically Balanced Crankshaft 

In-Line Injection Pump with Mechanical Governor 

Three Phase Basic Unit With(No Options) , 

Weight I 3,897 Ibs:·(1768 kg) Basic Gen-Sel Onl~ 

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Shipping'Characteristics of Basic Unit No Options 

Cube 1?1l4 (2897) W~ 48112191 H~78 [1981) 

I 

Shipping Weights & Dimensions May Vary With Options 

Dimensions For Three Phase Unit Above Are: inebes (roml 

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Augusl!9?

170 

MINUTE BOOK 



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PART I - 



GENERAL: 


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Coordinator, (228) 865-4002 or Tim Murray, Outside Building & Grounds (228) 896~0212. 

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Generator Manufacturer's Brand Name: ---!:lK.:=

171 

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MINUTE BOOK 



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QUOTE # MSOO-Ol09 


FOR 

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Rated 

80kW 

Voltage 

120/240 

STANDBY GENERATOR SYSTEM 

HARRISON COUNTY - OFFICE 

Phase 

3 

Hertz 

60 

Kohler Model 80ROZJ Diesel Engine Driven Generator 

I 

Dec-l Controller with Gauges and Meters 




• 

Fuel System 

250 Gallon Double Wall Subbase Fuel Tank 

Emergency Pressure Relief 

Inner Tank Leak Alarm 

2" Locking Fill Cap 

Normal Vent Kit 

Low Fuel Level Alarm 

Flexible Fuel Lines 




Battery Charger, 12 V, 6 Amp, Float 1Equalized Type 

Block Heater 


I 

Miscellaneous Hems 

Basic Two (2) Year Warranty 

One (l) General Maintenance Literature Kit 





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172 

MINUTE BOOK 



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KOHLER~POWER SYSTEMS 

Model: 80ROZJ 

Diesel 

o 9001 U.S.A- Pion! ISO Regl~"r8d 

(J)- 

-~ 

Ratings Range 

Standby: 

Prime: 

130'C 105"C 

130'C Rise Rise 

Rise Standby Prime 

Standby Rating Rating 

Generator Voltage PH Hz Amps. kW/kVA kW/kVA 

4S7 120/208 3 60 278 80/100 73/91 

120/240 3 60 241 80/100 72/90 

120/240 1 60 254 61/61 55/55 

127/220 3 60 262 I 80/100 73/91 

139/240 3 60 244 81/101 74/93 

220/380 3 ' 60 142 75/94 68/85 

277/480 3 60 122 81/101 74/93 

347/600 3 50' 97 81/101 74/93-~ 

110/190 J 3 50 264 70/87 60/75 

110/220--t 3 50 218 66/83- 60/75 

f------'-- 

110/220 1 150 250 55/55 

~~ 

H¥o%0O 1 50 251 70/87 60/75 

120/20B 3 50 241 io187 j----..6~ 

.cc'--'-- 

1220/380 I 3 50 132 70/BI_ 60/75 

.. 230/400 3 150 I 126 70/87 f--6oIis 

240/416 I ... 3 150 I 121 70/87 61/76 

, 

489 I 120/208 I 3 ,i 60 I 326 94/118 85/106 

~L240 3 60 283 94/118 85(106 

120/240 1 60 333 80/80 71/71 

127/220 3 60 308 94/118 85/106 

I _ 

kW 

kVA 

kW 

kVA 

139/240 3 ,60 

f---... 

286 95/119 86/108 

220/380 3 ,60 167 88/110 80(1~~ 

1_~~?l4_~P_+ 3 60 143 95/119 86/j~ 

347/600 3 160 114 951119 86/10B 

i 110/190 I 3 50 298 78/98 71/89 

11iO/220 3 50 257 78/98 71/89 

110/220 1 50 318 70/70 63/~~ 

U_ 

60Hz 

61-95 

61-119 

55-86 

55-108 


50Hz 

55-80 

55-100 

50-73 

50-91 

3 50 286 79/99 72/90 

120/208 3 50 278 80/100 73/91 

220/380 3 50 149 78/98 71/89 

230/400 3 50 143 79/99 72/90 

. ~416 I 3 50 139 80/100 73/91 

'-._.~ 

G5-84 (80ROZJ) 4{91" 


• Kohler Co. provides one-source responsibility 

for the generating system and accessories. 

• All generator sets and components are 

prototype tested, factory bUilt, and production 

tested. 

• Generator set provides one-step load 

acceptance per NFPA 110. 

• A one-year limited warranty covers all systems 

and components. Two-, five-. and ten-year 

extended warranties are available. 

. • Generator features: 

o Kohler's unique Fast-Response N excitation 

system delivers the fastest voltage response 

In the Industry. 


broadrange reconnectabillty. 

o Kohler's permanent magnet-excIted generator 

(PMG) provides superior short-circuit 

capability. 


o Controllers are available to meet all 

applications. See controller features Inside. 

o Low coolant level shutdown protects 

generator set from overheating. 

o Integral Vibration Isolation eliminates the need 

for Installation of Vibration spring isolators 

under the unIt. 

RATINGS: Standby rIl1ings ~8 continuovslor (he duration ofMy pclW!!f OlJll1g~_ No overload 

capacity is specified at Ihis rattng, primtl ratings are continuous pef BS 5514, DIN 6271, 

150.3046, and IE:C :14-1 wr!1l10% over/cEil:! capaCity Me hourin /We!veh.,v/"!:. All single-phase 

J)nils B.r~ rated e.ll.a f'OW"3'r faClor, A113·phase units \'lCff! fatl;ld at o.a power fa~Qr, Contact the 

factory 101' rallrlgs of city water-cooled and remot@radiatormodels, Larger ~lt8rnatOf$may be 

used to meet special ap,Olic::auon requirements. AvailllClility is sUbj6ct to ~hllngewilhoul notice. 

Kohler CO. rE!sel'Vf!S Ihe right to Changa the deSign or speqfications Without notice and WIthout 

any obliglltion or liability whatsoever. Contlloet your local Kohler Co. gentlralOr di$!ributor fur 

avaIlability, DERAlION: Manmum atlltude befor~ genmator Sel deration, fl., (m): 600 (183) 

Altitl)de d@flltion factor. % p8f 1000 ft. (305 ml, 0.5, Maximum imake air lemperatl)re before 

generalo(SeICl~r

" 

173 

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MINUTE BOOK 



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Exciter type 

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ISpeCifications 

Manufacturer 

Type . 

Number of leads . 

Voltage regulator 

Insulation: NEMA MG1-1.66. 

Material . 

Temperature rise . .. 

Bearing, number, type. 

Coupling, 

Amortisseur windings 

Voltage regulation. nO load to full load 

One-step load acceptance per NFPA 110 

Peak motor starting kVA: 

Engine 

457 ... 

4SS 

Alternator Specifications 

Fast"Response '" 

Generator 

Kohler 

4-Pole. Rotating Field 

Brushless, Permanent 

Magnet, Fast·Response'" 

12, Reconnectable 

Solid State. Volts/Hz 

Class H 

130' C, Standby 

1, Sealed 

Flexible Disc 

Full 

.2% 

100% of Rating 

(35% dip tor 480 V. 60 Hz 

and 380 V, 50 Hz) 

270 (60Hz), lS0 (50Hz) 

316 (60Hz). 250 (50Hz) 


• Compliance with NEMA, IEEE, and ANSI standards for 

temperature rise. 

• Sustained short-circuit current up to 300% of rated 


• Sustained short-circuit capability enabling downstream 

circuit breakers to trip without collapsing the generator 

field. 

• Self-ventilation and drip-proof construction. 





• A solid-state, volts-per-hertz voltage regulator with 

:102% no-load to full-load regulation. 

• A Fast-Response ~ brushless alternator with brushless 



Engine Specifications I 60Hz 50 Hz Engine Electrical System 60 Hz 

Manufacturer John Deere Battery charging alternator: ! 

Engine, model, type 605ST 4-Cycle, Ground (negative/positive) , .. Negative 

Turbocharged 

Volts (DC) ...... 12 

..s:'ylinder arrangement Sin-line 

"" "" 

... 

• 

6~0_~ 

Main bearings: number, type 

7, Replaceable Insert 

Quantity oi batteries 

Rated rpm 1600 1500 - I 

- Battery voltage (DC) 12 

Max. power at rated rpm, hp (kW) 150 (111) 126 (94) 

Rolling current at 32 ~ 

Cylinder head material 

Cast Iron 

F 920 j 

Crankshaft material 

ForDed Steel 

Displacement, cu. In. (LI 359 (5.88) Ampere rating ,.,. .. . . . . . .. .. . 65 

~._- 

Bars- and stroke, in. (mm) 4.19 (106.5) x 433 (110) Starter motor rated voltage (DC) 12 

- 

! 

Compression ratio 17.8:1 Recommended battery cold cranking 

Piston speed, ftlmin. (m/sec.) 1300 (6.6) 1082 (5.5) amps (CCA) rating tor O'F 

Valve material: 

I 

Intake .. " Chromium-Silicon ,Steel 

Fuel System i 60Hz 50 Hz 

Exhaust .. ... ... " .... ' 

Stainless Steel 

1----- 

Fuel supply line, min. 10, in. (mm) I . 

Mechanical, Stanadyne/ 

0375 (9.5) 

Governor, type, make/model 

~,..,.'-" - 

DM4 Fuel return line, min. 10, in. (mm) I 0.375 (9::~ 

£~~quency regUlation, no load to fIJi'! load~ 3-5% Max. lift, engine-driven fuel puniP:-fi. (m) 3.0 (0.9) , 

Frequency regulation, steady state 

±O.33% 

~. 

Max. fuel flow, gph (Lph) 

- 29.7 (112) I 28.7 (1~ 

Air cleaner type, all models -,. __ ._"Dri Paper Elemenf f.----..--- 

,-, 

Fuel prime pump Manual 

~-~~ 

I 

Exhaust 

Fuel filler 

1"--_. 

! prlmary/seconda= 

Recommended fuel 

#2 Diesel 

Exhau5t System 60Hz 50 Hz - 

IExhaust flow at rated kW, cfm (m"/mln.! 690 (lS.5) 560 (15.8) Lubrication 

• 

Exhaust temperature at rated kW, dry 

Lubricating System 

exhaust, OF (0C) 

60Hz 

I 

I 

50 Hz 

1000 (536) 1060 (571) 

~. 

Type I Full Pressure 

Maximum allowable back pressure, 

In. Hq (kPa) 2.2 (75) Oil pan capacity, qts. (L) I 17 (16.1) --I 

-----i 

Exhawst outlet size at hookep,in. (mm) 4 (101.6) Oil pan capacity with filter, qts. (L) 18 (17) 

I 

quantity, type 

Oil filter. -'1, Cartridge 

Oil cooler 

----_. 

W~~,~Cooled .~~ 

G5-84 (80ROZJ) 4/978 

Fuel 

I 

50 Hz

174 

MINUTE BOOK 



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Cooling (Standa~dRadlator) Fuel Consumption 60 Hz 50 Hz 

Diesel, gph (Lph) .t % load 

Cooling System 60 Hz I 50 Hz 

100% 6.5 (24.6) 5.0 (18.9) 

Ambient temperature °F (0G} t22 (50) 

-- 75% 5.0 (lB.9) 3.4 (12.9) 

Engine jacket water capacity, gal. (L) 2.8 (10.4) 

50% 3.6 (13.6) 2.5 (9,5) 

Radiator system capacity, including 25% 2.4 (9,1) 1.7 (6.4) 

en~ine, gal. (L) 5.2 (197) 

Controllers 

Engine jacket water flow, Qpm (Lpm) 50 (189) I 42 (158) 

Heat rejected to cooling water al rated 

kW, dry exhaust Btu/min. 3700 I 3250 

Water pump type Centrifugal • 

aElr--Ir~, 

Standard Controller and Features 

Fan diameter, inclUding blades, in. (mm) 21.0 (533) al:lEl:Jo 

Fen hp (kW) 5.2 (3.9) I 3.0 (2.2) IQQG ~~i 

Max. restriction of cooling air, intake and 

discharae side of rad., In. HoO (in. Ha) 0.5 (0.037) • 

Type: 16-light microprocessor 

power source. with circuit protection: 12-volt DC 

Cooling (Optional Systems) Panel lamps (2) 

Analog Meters: 

· 0 AC meters, 3.5 in. (89 mm) 2% full-scale accuracy on voltmeter 

Remote RadIator System 60 Hz I 50 Hz and ammeter, 0.5% full-scale accuracy on frequency meter 

Exhaust manifold type Dry 0 DC meters, 21n. (51 mm), 2% full-scaie accurecy (volts, engine 

water temperature, oil pressure) 

Connection Sizes: 

0 Running time meter 

Waler inlet, in. (mm) ..... 2.32 (59) ID Hose Switches and Controls: 

Waler outlet, in. (mm) ... 

2.25 (57) ID Hose 

· a Alarm horn and silencing switch 

0 Cyclic cranking 

Remote radia.tor: 0 Engine cooldown timer, 5-minute 

0 Front~mounted 

Make .... , . .... .. . .... voltage-adjusting rheostat ,,5% 

Modine 

0 Lamp test switch 

Model , .... . . . . . . , ,.,' ....... M+VR-l 0 Local emergency stop button switch (optional) 

Mounting ...... Vertical 0 Meter phase selector switch, 7 position 

0 

Discharge ...... ... ... Horizontal 

Overvoltage protection shutdown 

0 Prime power mode 

Fan motor: phase, hp (kW) .... , 

3,1 (0.746) 0 Run/off·reset/auto switch (engine start), local/remote two-wire 

I Radiator capacity, gal. (L) ..... 7 (265) Fault and Condition Lamps: 

I 

Static head allowable · a Air damper (red) (200-1600 kW diesel only) 

0 

above engine, ft, (m) . ........ 

21 (6.4) 

Auxiliary fault (red) 

o Auxiliary prealarm (yellow)" 

Tank top (inlel), in. ". '" ..... 2.5 NPT a Battery charger leult (red)' 

I 

Bottom tank (Qutlet), in. ......... 2.5 NPT 0 Emergency stop (red)' 

0 

Dry weight, lb. (kg) I 400 (181) 

Generator switch not in auto (red) 

0 High engine temperature safety shutdown (red) 

0 Low baMry voltage (red)' 

City Water Cooling System 60 Hz I 50Hz 0 Low coolanllevel shutdown (auxliiary) 

Exhaust manifold type Dry a Low fuel (red)" 

System capacity, gal. (LJ 

-~ 0 Low oil pressure safety shutdown (red) 

1.25 (4.5) 0 Low wa.ter temperature (red)* 

City water consumption.* gpm (lpm) at 

0 Overcrank safety shutdown (red) 

50°F (10'C) ~~.7(178) L~~_{~ 0 Overspeed safety shutdown (red) 

0 Connection sizes;· Prealarm high engine temperalure (yellow)"" 

a Prealarm low oll pressure (yellow)" 

Water inlet, in. 

.. ,. 05 NPT 

'0 System ready (green) 

Water outlet, in... ... 05 NPT I .. Requires optional kit or user·pro.....ided device for lamp to function. 

~ --------j 

1< Data based on l~ Transfer Products 8-702 84 0 heat Optional Controllers 

exchanger with thermostatically controlled waler·saver valve, electric Decision-Maker'" 1 controller 

._._5~lenoid valve, and sur8.e tank. Engine gauge box for paralleling contrailer (swilohgear) 

Operation Requirements 

Manual controller 

Manual paralleling microprocessor con1roller 

Oversized me!erbo.x controller 

Air Requirements 60 Hz i 50 Hz 

·• 7 ~1ight controller 

Radiator-cooled cooling air, 

(For ootional controller features see controller s[]ec sheet.) 

ctm Im'/mln) . 5600 (159) I 4600 (130) I 

Cooling air required tor gen set when 

I 

equipped with eWe or remote radiator, 

I I 

based on 25"F (14°C) rise and ambient 

temp. of 85°F (29'C), elm (m 3 /min.) 

4100~ 3600 (102) 

Combustion air, cfm (m 3 /min.) 265 (7.5) i 20~~ 

Heat rejected to ambient air: 

Engine BTU/min. .'" .. .... 1130 870 

I 

Generator BTU/min. .... ... 660~.._.~~ 

G5·B-4 (60ROZJ) 4/978 

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175 

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MINUTE BOOK 



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KOHLER CO., Kohler, Wisconsin 53044 U.S.A 

Phone 414·565,3381, Web site~.kDhlergener.tors.com 

Fax 414·459·1646 (U.S.A. Sales), Fax 414·459·1614 (International) 

After July 26,1997, use area code 920 instead ot414 

For the nearest sales and service outlet in U.s.A. and Canada Phone 1-800-544-2444 

• 

Enclosed Unit 


o Silencer Mounting Kit for Housing 

o Sound Shield Enclosure 

Tall Pipe and Rain Cap Kit 

o Weether Housing 

I 

Open Unit 




o Block Heater 


o Radiator Duel Flange 

o Remote Radiator Goaling 

Fuel System 

o Auxiliary Fuel Pump 

o Day Tanks 

D Flexibie Fuel Lines 

D Fuel Pressure Gauge 

o Subbase Fuel Tanks 

• 

I 


o Battery 


o Baltery Charger, Trickle Type 

o Battery Heater 

o Battery Rack and Cables (standard) 

Cl 

o 

o 

10 

l~ 

'0 

ig 

ICl 

'0 

ooo 


Air Cleaner, Heavy Duty 

Bus Bar Kits 

eSA Certification 

Electronic: Isochronolls Governor 

Generator Strip Heater 

Line CirCUit Breaker 

Line Circuit Breaker with Shunt Trip 

NFPA 110 Literalure 

Optional Generators 

Rated Power Factor Testing 

Safeguard Breaker 

Voltage Regulation, 1% 

Voltage Regulator Sensing. Three-Phase 

Paralleling System 

o Load'Sharing Moduie 

o Reactive Droop Compensator 

o Remote Speed Adjust Potentiometer/Electronic Gov@rnor 

• 

Air Cleaner Restriction Indicator 

o Voltage Adjust Potentiometer 

CJ Voltage Regulator Relocation Kit 

Accessories 


Kohler Power Syslems 


7 Jurang Pier Road 


Phone (65)264-6422, Fax (65)264'6455 

Maintenance 

CI General Maintenance U\erature Kit 

o Maintenance Kit (Includes air, all, and fueltilter$) 

o Overhaul Literature Kit 

Controller (Standard Controller) 

[) Common Failure Relay Kit 

o Customer Connection Kit 

[J Decision Monitor'" Remote Annunciator Panel 

o Dry Contact Kit (Isolated Alarm) 

o Extens'lon 'Niring Harness for Remote Mounting of Controller 

o FASTCHECK~ Diagnostic Fault Detector 

Q Prsalarm Sender Kit 

o Remote AudiojVisual Alarm Panel 

o Remote Emergency Stop Kit 

Run Relay Kit 

o Tachometer Kit/Oversize Meterbox 

o Wattmeter Kit/Oversize Meterbox 

MiscellaneoUs Accessories 

o 

o 

o 

o ooo 

Overall Size, Lx W x H, in. (mm): 98,00 x 29.00 x 52,14 

(2489 x 737 x 1324) 

Weight (Radiator Model), wet lb. (kgl: 2490 (1129) 

D I~~~~ 

I-- w----l I" L -I 

NOTE:: This drawing i5 pro"";deCi for .rellilrtmCtl only anCi s.l'lould,.,01 b~ vt;ed lor pl~nning 

in~tellahOl"l. Contact your local dlSlntlutor lor mora detatled information 

D!~~'~:;~~~;~NT,';N;;'--~~- . 

. :.'"' , :.~ '. 748 lakeside Drive' :, , .•,,,--j I 

~fjl~~iit~~lt~j_ 

~ Kohler Co., 199ru95.19M:--t~QT""PJln?#$l!~~Ne~~ 

G5·84 (80RDZJ) 4(978

176 

MINUTE BOOK 



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I 

Optional Two-Year or Two Thousand (2,000) 

Hour Stationary Standby Limited Warra~~~L 

This Kohler Standby Generator System"has been manufactur"d a-nd In:5pect~d with care by EJxperlenced craftsmen;~-If you are the 

original purchaser, Kohler Co. Warrants for two years or two thOUSBhd (2,000) hours, whichever occurs first, 1I13ot the system will be free 

.. from defects in material and workmanship If properly installed, maintained, and operated in accordatlce w~th Kohler Co. instruction 

manuals.' . 

This warranty Is not effective unless a proper optional warranty registration form and warranty fee hll'vB been Bent to Kohler 

Co. within one year of Dlstrlbutor.Suporvl.ed Start·Up. 

During the warranty period, repair or replacement at Kohler Co:s option will be furnished free ofcharge for pa.rts, provided Qn in~pection 

to Kohler Oo.'s ~atisfaction di:sdose~ a defect In materIal and workmanship, and provided thatthe part or parts are relurhed to the Kohler 

factory or an Authorized Service Station if requested. This. optional warranty expires two years after date ofs1art-up or after 2,000 hours 

of operation, whichever occurs firsl* 

• 

This warranty does not apply to malfunctiotis caused by damage, unreasonable use, misuse, or normal wear and tear while in your 

possession. 

., Some restrictions may apply. Contact your Kohler DistrlbutorlDealer for full details, 

The following will not be eovered by thl. warranty: 

1. Normal Elnglne wflIa" routine tune-ups, tune-up parts, 

adjustmenb, and perIodIc service. 

2. Damage caused by accidents, Improper installation or 

handling. faulty repai,. not performed by an authorized 

service representative, or improper storage, 

3. Damage caused by operation with Improper fuel or at 

speeds, loads, conditions, modjficatjon~. or In5tallation 

conttruy to pUblished specifications or rocommendations. 

4. Damage caused by negligent maintenance such as: 

a, Fa.ilure to provide proper end sufficlent lUbricating oil. 

b. Failure to keep air intake and cooling fin a.reas clean. 

c. Failure to property service air cleaner. 

d. Failure 10 provide sufficient coolant and/or cooling air. 

ft. Use of other than factory-supplied or ~approved repair 

parts and/or procedures. 

Failure to perform scheduleQ maintenance 8:5 

prescribed In supplied manual~, 

g. Failure to exercise with load regularly. 

5. Originalln5tallation charge~ and start-up costs. 

6. Starting batteries and tho following rala1ed expenses: 

a. Labor charges related to battery service. 

b. Travel expen~e related to battery service. 

7. Engine coolQnt healers I heater control:5, Bnd circulating 

pumps aft"r the first year. 

8. Rental of oqulpmont during performanco of warranty 

repairs. . 

9. Repair shop labor without prior approval from the Kohler 

Co. Warranty Department. 

10. Engine fluids such as fuel, oil, coolanVanlifreez:e. 

11. Shop supplIes. suc.h as adhesJve~, cle~nlng ~olventsj 

rags, etc'. 

12. Expenses incurred lnve~.tigating performance complaints 

unless 'the problem is caused by defective Kohler 

materials. or worktnenship. 

13. Maintenance Items such as fuses, filters, spark plugs, 

loose/leaking clamps, adjuslments:, etc. 

A Start-Up Notification Form must be on file at Kohler Co. A start-Up Notification Farm must be completed by Seller and received at 

Kohler Co. within 60 days after the date of Inltlalstart-up. Standby systems not registered within 60 days of 5tart-up will automatically be 

registered by Kohler Co. using the Kohler Co. ship date as the start·up dale. 

I 

• 

To obtain warranty service call 'r800-544~2444 for your nearest authorized Kohler service repre~entativej or write Kohler Co., 

Generator Servic.e D@partment, Kohler, WI 53044 U.S.A. 

KOHLER CO. SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. including but 

not limited to InCidental, consequential labor costs, installation charges, telephone charges, ortranzportatioh chargEls In connection with 

the replacement or repair ot defective parts. 

This is our exclusive written warra.nty. We make no other express warranty, nor is s,nyoha authorized to make any in our behalf. 

ANY IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS OF 

PURCHASE, is "xpressly limited to the duration of this warr:anty. 

Some state$ da not

177 

MINUTE BOOK 



I 

MINIMUM SPECIFIC;\.TIONS AND BID FORM FOR TWO EMERGENCY GENERATORS 

PART I - AN ENGINE IGENERATOR FOR THE HARRISON COUNTY OFFICE BUILDING 

PART II -AN ENGINE IGENERATOR FOR THE BILOXI HEALTH DEPARTMENT BUILDING 

• 

GENERAL: 

1. The bid price shall remain valid for a period ofsixty (60) days after the bid opening date. 



I 


5. Technical questions not addressed in these specifications should be submit in writing to 

the Purchasing Department, to be answered by Mrs. Linda Rouse, the County Civil Defense 


BID PRICE FOR PART I $18,341.87 

BID PRICE FOR PART II $24.331.95 

• 

Generator Manufacturer's Brand Name: ~G~e~n~er~a~c 

Delivery Schedule: 15 weeks upon confirmation of order 

Warranty: 5 Years from start-up date {Basic) 

_ 

I 



VENDOR: Kennedy Engine Co., Inc. 

1/ J_ 1IJ/l~e~ 

SIGNED BY (Name and Title): ..!.V-",er,-,l""on"-,-,M~c,,,K~e~n~z~ie,,-,~S::.al,-,=e,,-s--,V,--,-~==---- --=~:'--_---L_ 

ADDRESS: 980 Motsie Road Biloxi, MS. 39532 

TELEPHONE: (228) 392-2200 

~F~A,=:,X,,::J.«2,:,,2-".-8),-:3,",,9~2.-,9:,,"50,:-77"=:-::-::--::-::-:--=-===-:-:-:-:=-==-=-== 

SUBMIT YOUR BID ON THIS FOR. FAILURE TO DO SO MAY DISQUALIFY YOUR BID. 

• 

PART I • BID #003 TO BE OPENED JANUARY 20, 2000 

PART II - BID #004 TO BE OPENED JANUARY 20, 2000

178 

MINUTE BOOK 



• 

I 


Brought to you by 


Unit Specification Sheet 

SBY15451 

- 500080 speCification Sheet 

Control Panel and Options 

• 

SBY15116 

- C Panel spec Sheet 

Alternator and Options 

Unit Options 

ADS-80 

5235 

vsplidx 

87625 

battidx 

elecgov 

CaUL 

CoolHeat 

S355 

65801 

• A1temator Data Sheet 

- 2 Amp 12 vdc Battery Charger 


- Interconnection Drawing 

- 135AH 12vdc Battery (Type 4D) 

• Electronic Govemor 

• Circuit Breaker Data Sheet 

- Coolant heater 

- Enclosure 

- Muffler 

I 

Installation and Base Tank 

A2023 

• Generator 

- Base Tank 

Wiring Diagram and Schematic Drawings 

• 

Control Panel DraWings 

85057 - Wiring Diagram 


Engine Drawings 

87291 - Engine Wiring Diagram· 

87292 - Engine Schematic Drawing 

Alternator Drawings 

86206 - AC Wiring Diagram 

86173 - AC Schematic Drawing 

I 

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179 

• 

MINUTE BOOK 



I 

• 


ONE (1) 150 kW GENERATOR 

FOR THE BILOXI HEALTH DEPARTMENT 

BIDDER MANUFACTURER BID PRICE 

I 

• 

CUMMINS 

ONAN 

MID-SOUTH 

MODEL DGFA 

L.LC. 150 kW GENERATOR $21,929.00 

K&R 

GENERAC 

SERVICES 

MODEL SD0150 


MORGAN 

TRADEWINDS 

ENGINE & SUPPLY MODEL TP-150 

COMPANY, INC. 150 kW GENERATOR $23.300,00 

KOSSEN 

KOHLER 

EQUIPMENT MODEL 150 ROZJ 

INC. 150 kW GENERATOR $22.607.00 

KENNEDY 

ENGINE 

GENERAC 

MODEL S0150 

150 kW GENERATOR $24,331.95 

I 

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180 

MINUTE BOOK 



• 

I 


PART I ~ 



GENERAL: 

1. The bid price shall remain valid for a period of sixty (60) days after the bid opening date 

• 

2 The bid price shall include all freight, unloading, Installation and rtgging fees. 

3 Detailed technical speCifications for the equipment being offered must accompany the bid 

4. Details of the manufacturer's warranty must be included with the tnd. 

5. Technical questions not addressed In these specifications should be submitted in writinG to 

the PurChasing Department to be answered by Mrs. Linda Rouse, the County Civil Defe-nse 

Coordinator. (228) 865-4002 or Tim Murray, OutSide Building & Grounds (228) 896-0212. 

I 

BID PRICE FOR PART I $ 1-,-,4,,-::,5,,,,09~.~0,,-0 _ 


Generator Manufacturer's Brand Name: 

ONAN 

Delivery Schedule. Six (6) W2eks 80 K. W. - Eight (8) 150 RW 

• 

Warranty: ~'J\.1o (2) Year Standby Full Coverage 


DATE .January 18th, 2000 

VENDOR 

Cu!mtins Mid-South L. L.~ 

SIGNED BY (Name and Title) /2t th1..v...~ ~.1L /"'&'/1 

Richard L. Harrison, ~ Syst:ens itli'~3 

ADDRESS. P 0 Fbx 54224, .Jackson MS 39288 4224 

M3nager 

TELEPHONE601-932-7013 FAX 601-932-7399 

SUBMIT YOUR BID ON THIS FORM. FAILURE TO DO S=-...O-----'=M--'--A.c....Y-D.:..:I~SQ-U-A.-L~IF-Y~Y-O-U~R~B-!D-. 

PART I - BID #003 TO BE OPENED JANUARY 20.2000 


I 

•

• 

MINUTE BOOK 



181 

I 


PO BOX 54224 


• 

(601)932-7013 


QlIotation 

I 

Attention: 

Project Name: Biloxi Health Dept 

Quotation: 14562000118015436 

Thank you for your inquiry. We are pleased 10 quote as follows: 

US Dollars 

• 

F182-2 

R098-2 

B413-2 

I 

150DGFA 

A331-2 

L060-2 

H559-2 

B184-2 

A366-2 

H536-2 

KM65-2 

KM40-2 

C168-2 

F179-2 

EOB2-2 

H036-2 

L026-2 

L029-2 

A322-2 

F065-2 

H268-2 

SPEC-L 

esb 

sshOp 

Description 

Generator Set 

Genset-Diesel,60Hz,150kW 


Compliance-Emissions,Us Epa Mobile Off 

Highway 

Housing-Weather w/muffler 

Voltage-120/208.3 Phase Wye 

Alternator-60hz,12ld,Upper Broad 

Range,150c,Stdby 


Exciter/Regulator-Pmg,3 Phase Sensor 

Engine Governor-Electronic, Isochronous Only 

Display Language-English 

Circuit Breaker Mtg-Single Brkr,Left Of Control 

Circuit Breaker-250a,3p.600/750v,Ss 

Rms,80%,Ulllec 

Fuel Tank-Dual Wall Subbase, 24 Hour 

Capacity 


Engine Cooling-Radiator, 40c Ambient 

Coolant Heater-120 Voll Ac, Single Phase 

Tesl Record-Certified 

Warranty-2 Year Standby 


Rack-Battery 


Product Revision - L 

battery 

Start up and training 

•

182 

MINUTE BOOK 



• 

I 

Project Name: Biloxi Health Dept 

Description 

Grand Total 

Nol included is Fuel, plumbing, piping, loading, rigging, installation, wiring, or sales tax. The price is FOB 

Minneapolis, Minnesota with freight allowed to first point of destination, or jobslte. Lead time 8 weeks. 

21,929.00 

• 

Submitted by / 

U-4~H~ 

Rich Harrison 


(601 )932-7013 


I 

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•

183 

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MINUTE BOOK 



I 

C 

anon 

_125kW ~ 200kW 60 Hz 

110kW~ 176kW50Hz 

Diesel Fueled 

6C Series 

• 

Standby 

Prime 

Model Data Sheet kW(kVA) kW (\

184 

MINUTE BOOK 



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I 

c 

Onan 

60 Hertz 50 Hertz 

Standby Prime Standby Prime 

Ratings (kW) 150 135 140 125 

Fuel Consumption load 1/. 1/2 3/' Full 1/. 1/2 3/. Full 1/4 1/2 31. Full 1/. 1/2 3/' Full 

USgph 37 5.9 B' 11.3 34 5.4 7.7 10.1 3 5 77 10.3 28 4.8 5.9 92 

Uh' 14 22 32 43 13 20 29 38 11 19 29 39 1l 1B 28 35 

c1l1 

mJlhr 

Fuel Flow Sldby Prime Stdby Prime Sldby Prime Sldby Prime 

Max.imum Fuel Flow 55 US gph 55 20a Uh, 20a 55 US gph 55 208 Uhr 20B 

Operating Fuel Supply Pr~ss NA psi NA NA kPa NA NA pSi NA NA kPa NA 

MaJliimum Inlet Restrictior'\ 

• 

in, H9 4 102 mmHg 102 4 in. Hg 

• 

102 mmHg 102 

Maximum Relurn Restriclion 10 in. Hg 10 254 mmtig 254 10 in. Hg 10 25. mmHg 254 

Cooling 

~an Load 9.8 HP 9.6 7.2 kW 7.2 5.5 HP 5.5 • I kW 4.1 

Coolant Capacity (wIth radiator) 7.5 US Gal 7.5 28 l 2B 7.5 US Gar 7.5 28 l 28 

Coolanl Flow Rate 64 GatnJlin 64 242 LlMin 242 53 GallMin 53 201 t../tIAin 201 

Heal Rejection lo Coolant 5682 BluJt.JIin 5109 e.o MJIMin 54 41305 BlulMin :3720 5.1 MJIMin 39 

Heat Radiated To Room 2348 BtuIMin 2049 2.5 MJfMin 2.2 2040 8tutMin 1860 22 MJlMin 2.0 

M;Jximum Coolant Friction Head 5 pSi 5 34 kPa 34 4 p>< 4 27 kPa 27 

Mall:imum Coolant Static Head 80 n 60 18.3 m 18,3 60 n 60 18.3- m 16.3 

Heat Ex. Max Raw Water FIQw NA GallMin NA NA ~in NA NA GallMin NA NA UMin NA 

Heat Ex. Max Raw Water Pre$5 NA psi NA NA kPo NA NA psi NA NA kPo NA 

Air 

Combustion Ai( 478 cfm 458 13.5 rn3fmin 13.0 408 elm 378 11.5 mJ/min 10.7 

Maximum Air Cleaner Restriction 25 In. H20 25 e.2 kPa 6.2 25 in H2O 25 6.2 kPa 6.2 

Alternator Cooling Air 1460 elm 1460 41.3 m3 /min 41.3 1230 elm 1230 34.8 m3 fmin 34.8 

Radialor Cooling Air 7466 sdm 7486 211.9 m 3 /min 211.9 6238 seJm 623B 176.5 m3/min 176.5 

Minimum Air Opening to Room 10 sq. ft 10 0.9 sQ. m 0.9 '0 .q n 10 09 sq, m 0.9 

MinimIJffi Discharge Opening 62 sq. n 6.2 0.6 sq. m 0.6 6.2 .q. n 6.2 06 s.q,m 0.6 

Ma)(. Static Restriction 05 i". H2O 0.5 125 Pa 125 0.5 in. H2O 05 125 Po 125 

Exhaust 

Gas Fle>w (Full Load) 1300 cf", 1207 36.8 m 3 /min 34.2 1154 elm 1039 327 m 3 !min 294 

Gas Temperalure 1008 OF 911 542 'C 486 1029 "F 979 554 ·C 526 

Maximum Back Pressure 41 in. H2O 41 10.2 kPa 102 41 in. H2O 41 10.2 kPa 10.2 

Engine 

Engine Model 6CTA6.3-G2 6CTA8,3·G2 

Aspiration Turbocharged and Anercooled Twrbochargeo and Af'1ercooled 

Gross Engine Power Oulput 277 bhp 252 207 ,W", lBB 241 bhp 219 160 ,W", 163 

BMEP 200 psi 180 1.374 kP. , .237 225 pSI 202 1,546 kPa 1,388 

Bore 4.49 in 4.49 114.0 mm 1140 4.49 ,n. 4.49 114.0 mm 114,0 

Stroke 5.32 in 532 135.1 m'" 1351 5.32 In. 5.32 135.' mm 135.1 

PiSIon Speed 1596 fVmin 1596 8.11 mi. 8.11 133() ft/min 1330 6.76 mI, 6,76 

Compression Ratio 16.6 ratio:l 15.9 16.8 ratio; 1 16.8 16.8 ralio:1 16.8 16.8 ratio: 1 16.6 

LUbe Oi' Capacity 25.2 ql. 25.2 24 liter 24 25.2 ql 25.2 24 liter 24 

Overspeed Limil 2100 :1:50 RPM 1850 1.50 RPM 

Regenerative Power 22 kW 17 kW 

Unit Dry Weight 3241 lb. 1470.1 kg:;, 324' lbs 104701 kgs 

Unit Wei WeiQht 3336 lbs 1513.2 kgs 3336 lbs 15132 kgs 

Derating Factors Engine power ava.labls up to 9030 tt (2751 m) at8mbjent Engine power available up to 7320 rt (223 1 m) al ambient 

emperatures up to 104"F {40"C). Above 9030 n(2751 m) derate at temperatures up to 104·F (40·C). Above 7320 f't. (2231 m) deratt\ at 

14% per 1000 tt (305 m), and 1% per 10"~ (2% per 1~·C) aoo\le 4°/f per 1000 ft (305 m), and 1% per 10"f (2% per 11"C) above 

104°F (40'C). 104'F (40'C) 

Generator SQt Data Sh~9t 

Generator Set Data Sheet 

Model: DGFA 

Fuel Type: Diesel. 

Outline Drawing" 5003121 

Specifications May Change ViIi/haul No/icB Onan Corporation 0-3019d 

• 

I 

• 

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185 

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MINUTE BOOK 



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c 

@ a 

n -- 

r=J 0- 

B~ 

B~ 

• 

U Optional Fealures Shown U 

a 

Sentinel Control System 

• Automatic Remde Starting 

• Contro" components designed to withstand the vibration levels typical In generator sets 

• Controls generCl-tor set starting and shutdown 

Standard Control Description 

• Crank timet 

• Fault reset button 


• Field circuit breaker 

• High temperature shutdown 

• Low oil pressure shutdown 

• Overcrank shutdown 

• Overspeed shutdown 

• Running time meter 

• Remote starting, 12 volt, 2 wire 

• Run-Off..Auto switch 

Optional Features 

• AC meter package (same as Detector) 

• Oil pressure gauge (engine mounted) 

• Water lemperature gauge (radlalor mounted) 

Detector Tll Control System 

• Automatic remote starting 

• Control components designed to withstand the \/ibration levels typical in generator sets 

• Controls enerator set starting and shutdown 

Detector 12 Light (NFPA11 0) Control Description 

• 1~ light engine monitor (NFPA110 level) • Lamp tesl switch 

I 

• Common alarm contact 

• Oil pressure gauge 

• Coolant temperature gauge 

• Remote starting, 12 voll, 2 wire 

• Cycle cranking control 

• Reset switch 

.. DC voltmeter .. Run-Oft-Auto switch 

Field circuit breaker • Running time meter 

L.J L.J 

o \ional Fe.lures Shown 

II 

• Individual 1/2 amp relay sign.'s 


Optional Features 

• 5% voll.ge adjusl rheostal 

• AC Ammeter (dual scale) 

• AC Voltmeter (dual scale) 

• Dual scale frequency/engine speed meter 

• Overcrank shutdown (red light) 

• Overspeed shutdown (red light) 

• Pre-alarm high coolant temp (yellow light) 

• Pre-alarm low oil pressure (yellow light) 

• Audible alarm 

• CSA28~ 

.. Emergency stop 

• Low battery voltage warning 

• 

• High coolanl temp shuldown (red light) 

• Low coolant temperature (yellow light) 

• Low fuel (yellow light) 

• Low oil pressure shutdown (red lighl) 

• Run mdicator (green light) 

• Two customer selected faults (red light) 

• Voltmeter/Ammeter phase selector 

• Remote fault signal pack.age 

• Speed adjust rheostat 

.. Time delay start/stop 

PowerCommand®Control with AmpSent Protection 

AmpSentry Protection guards the electrical integnty of the alternator and power system from 

the effects of overcurrellt, over/under Voltage, under frequency and overload conditions 

.. Control components designed to withstand the vibration levels typical in generator sets 

Ii Integrated automatic volta e re ulator and engine speed Overnor 

Standard Control Description 

• Analog % of current meter (amps) 

• Panel backlighting 

• Analog AC frequency meter 

• Remote starting, 24 volt. 2 wire 

II Analog AC voltage meter • Reset switch 

.. Analog % of load meter (kW) • Run-Off-Auto switch 

• Cycle cranking contral Ii Sealed front panel, gasketed door 

• Digital display panel 

" Self diagnostics 

• Emergency stop switch 

• Separate customer interconnectIon box 

Optional Features Shown 

• Idle mode control II VOltmeter/Ammeter phase selector sw\\ch 

• Menu switch 

Standard Protection Functions 

Standard Performance Data 

Warnings 

• High Coolant Temperature 

Shutdowns 

• Emergency Stop 

AC Alternator Data 

• Current by Phase 

I 

• High DC Voltage 

• low Coolant Temperature 

• Low OC Voltage 

• Fail to Crank 

• High AC Voltage 

• High Coolant Temperature 

• Kilowatts 

• Kilowatt Hours 

• Power Fador 

• Low Fuel· Day Tank 

• Low Coolant leIJel (option for alarm only) II Voltage Line to Line 

II Low all Pressure 

• Low AC Voltage 

• Voltage Line to Neutral 

Over Current 

.. Low Oil Pressure 

Engine Data 

II 

• Oil Pressure Sender Fault 

• Overload Load Shed Contacts 

.. Temperalure Sender Fault 

• Magnetic Pickup Failure 

• Overcrank 

II Overcurrent 

• Battery Voltage 

• Coolant Temperature 

• Engine Running Hours 

• 

• Up to Four Customer Fault Inputs 

• Overspeed 

• Engine Starts Counter 

• Weak Battery 

.. Short Circuit 

• Oil Pressure 

II Underfrequency 

• Oil Temperature 

• RPM 

Gener~tor Set Series Sheet Spad(icat;on~May ChangtJ Without NotiG8 Onan Corporation S-106~e

186 

MINUTE BOOK 



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I 

Ratings Definitions 

StandbY: Prime (Unlimited Running Time): Ba'is Load (Continuous): 

Applicable for supplying emergency power for th.e Applicabfli! fot 5L1ppJYjng power in lieu ot Applicable tor supplying power continuously to a load 

dUl(ltion Qf normiIl power Interruption. No sustained COmmerdally purchased power. Prime power Is the for this rating. Nominally rated. Consult authoriZed 

over1oad capability is a available for lhls r8tin~. maximum pO\'\'er (lvailable at a varia~e load for all distributor fOr I'3ting. (Equivalent to Continuous 

Nominalty rated. (EquivaIE!n( to Fuel Stop Power in unlimited number of hour.)_ A 10% overload ' Power in accordance with 1508528, 1503046, 

ac

• 

MINUTE BOOK 



187 

I 

Onan V/orldwide \A/.arranty and 

Extended Coverage Program Options 

• 

1-Year Base Warranty L028 

The complete electrical power system (generator sel 

controls, and associated sWitches, switchgear and 

accessories), as provided by the single-source manufacturer, 


defects in materials and workmanship for a period of one 

year from the date of system start-up. Said coverage shall 

include parts, labor, travel expenses, and labor to 

remove/reinstall said equipment, per the manufacturer's 

standard published limited warranty. 

I 

• 2-Year Extended Warranty L029 

I 

2·Year Prime Power 

Extended Coverage L040* 

For prime power applications only, the complete electrical 

generator set package (generator set, controls, and 

acessories), as provided by the single-source manufacturer, 


defects in materials and workmanship for a period of two 

years or 6000 hours, whichever occurs first from the date 

of system start-up. Said coverage shall include replacement 

parts and the labor to replace warrantable parts, per 

the manufacturer's standard published limited warranty. 

The owner is responsible for all expenses beyond the 

base warranty period except as described above. There 

shall be no deductibles applied to said warranty. 






and workmanship for a period of two years or 1500 

hours, whichever occurs first frOm the date of system 


expenses, and labor to remove/ reinstall said equipment, 

per the manufacturer's standard published limited warranty. 

There shall be no deductibles applied to said 

warranty. 

5-Year Comprehensive 

Extended Coverage L031 


power system (generator sel controls, and asso- 

*These programs are available only in the United States and Canada. 

eiated switches, switchgear, and accessories), as provided 







per the manufacturer's standard published warranty. 

There shall be no deductibles applied to said warranty. 

5~Year Basic Extended Coverage L030 





warranted by said manfacturer against defects in materials 



start-up. Said coverage shall include replacement parts 

for the entire coverage period as well as the labor to 

replace warrantable parts, through the second year of 

coverage, per the manufacturer's standard published 

limited warranty. The owner is responsible for all 

expenses beyond the base warranty period except as 

described above. There shall be no deductibles applied 


10-Year Major Components 

Extended Coverage L041 * 



switches, SWitchgear, and accessories), as provided 



and workmanship for a period of ten years or 3000 


start-up. Said coverage shall include replacement parts, 

as specified, for the entire coverage period as well as the 

labor to replaceable warrantable parts, through the 

second year of coverage, per the manufacturer's standard 

pUblished limited warranty. The owner is responsible 

for all expenses beyond the base warranty period except 

as described above. There shall be no deductibles applied 


The above are summary descriptions of Onan's worldwide limited warranty and extended coverage program options to be 

• 

used as general information or outlines of available coverages. Please refer to Bulletin AB20D1for specific program details. 

3/1/90 

Bulletin AB2003

188 

MINUTE BOOK 



• 

I 




GENERAL: 

• 







Coordinator, (228) 865-4002 or Tim Murray, Outside BUilding & Grounds (228) 896-0212. 

I 

BID PRICE FOR PART I $ _ 


Generator ManUfacturer's Brand Name: ~G~E~NE~R,,-,A,,-,C,,-- 

~__ 

• 

Delivery Schedule: _---..:8:........::---.C...1~O~W~E~E~K~S:...- ~. ~ 

warranty: 5 YEAR LIMITED WARRANTY (COpy ATTACHED) 


DATE: 1/18/2000 

VENDOR 

K 

SIGNED BY (Name an: T~t1e~ERVT7Ji.f1V~ 

ROBERT N. FO~RESIDENT 

ADDRESS: P. O. Box 216 - 1911 Kenneth Avenue, Pascagoula, MS 39567 

TELEPHONE: 228-762-8535 FAX: 228-762-8525 

SU SM IT YOU R SID ON THIS FORM. FAI LU RE TO DO:::-:::S"::::O--:M"'"'A::'7y"'"'D=CI=S-=Q"""U"""A-'--L=IF""'y C7 y"""O"""U-:-:R---S=1D-. 

PART I - BID #003 TO BE OPENED JANUARY 20,2000 


I 

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18n 

• 

MINUTE BOOK 



I 

JC.&l{ 

• 

Services, Inc. 

January 18,2000 

1911 Kenneth Avenue 

Pascagoula, MS 39567 

228-762-8535 

I 


Harrison County Purchasing Department 

First Judicial District Courthouse 

1801-23" Avenue 


Gentlemen: 

We are pleased to offer the following quote for your information and consideration. 

One diesel engine driven generator set consisting ofthe following typecode and accessories: 

SDOISO-G367.SDI8CPYYC (GENERAC) 

7.5L turbo charged/after cooled diesel fueled engine. 

I%voltage regulation 

• 

"C' option control panel with: 

AC meter package 

phase selector switch 

cyclic cranking with crank limiter 

voltage adjust rheostat 

hourmeter 

oil pressure and coolant temperature gauges 


panel light 

lamp test/reset switch 

Auto/Off/Manual switch with red "Not in Auto" annunciation light 

I 

• 

latched shutdowns 

five light annunciation for: 



Overcrank 

Overspeed 




Fuel shut-offsolenoid valve 

Fuel filter and water separator 





Air cleaner and oil filter with internal bypass

190 

MINUTE BOOK 



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Page 2 






Installed critical mumer 



135AH 12vdc Battery (Type 4D) 



3/8" Diesel Flex Fuel Lines (2 Required) 

3"xI8" Vibration Pads 

370 gallon fuel tank 

stub up 

double wall 

UL Approved 

36 inches in height 

(2) sets of Owner's Manuals 

• 

I 

BASE PRICE: $23,548.00 GULFPORT, MS 

Price does not include installation or rigging. 

Price does not include hook-up or fuel for testing. 

Price includes delivery to customer's site.. 

Please allow 8 to 10 weeks for delivery from date of receiving your PO and your signed 




• 


Your PO Number 


Signature accepting bill of materials 

Date signed 

RNF/mg 

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•

191 

• 

MINUTE BOOK 



I 

GENERAC BASIC 5.YEAR LIMITED WARRANTY FOR STANDBY POWER SYSTEMS- 

F~r a period 01 live (5) years or 1500 hours 01 op~ration lrom date 01 sale, whichever occurs first, Generac Corporation 

will, at Its option, repair or replace any part which IS found to be defective In materials or workmanship under normal use 

and service, In accordance with the warranty schedule set forth below. This warranty Is limited to the original purchaser. 

Any equipment which the purchaser claims to be defective must be returned to and examined by the nearesl authorized 

Generac warranty service facility. All transportation costs under the warranty, Including return to the lactory, are to be borne 

by the purchaser. 

• 

This warranty Is limited to Generac Standby Power Systems which have (a) BEEN INSTALLED IN THE UNITEO STATES 

OR CANADA, and (b) AN OUTPUT RATING OF 10KW OR ABOVE. The warranted system must Include a Generae Engine 

Driven Alternator and Generac Transfer Switch. This warranty applies only to generators used In a standby applications 

as 'Standby' has been defined by Generac, provided said generator has been initially Installed and inspected on-site by 

an authorized Generac Distributor or brench thereof. . 

WARRANTY SCHEDULE 

YE~R ONE-100% coverage on mileage', labor and parts listed: 

ENGINE-AII components 


TRANSFER SYSTEM-AII components 

I 

YEAR TWO-100·1. coverage or labor and parts listed: 

YEAR THREE-SO% coverage of parts listed: 


TRANSFER SYSTEM-All components 


YEAR FIVE-50% coverage of parts listed: 

• 

I 

YE;AR FOUR-50% coverage of parts listed: 


• ROTOR, STATOR, and EXCITER WINDINGS 

• Travel allowance is limiled 10 300 miles or7,5 hours. whichever occurs 1irst. and applies only to permanently 

wired and mounted units. 

All warranty expense allowances are subject to the conditions defined in the published GENERAC POLICIES AND 

PROCEDURES Manual. 

To qualify for this warranty, Registration Form 60643 must be completed by the Generac Distributor selling the equipment 

and sent to Generac for approval wilhin 30 days of the startup. 

THIS WARRANTY SHALL NOT APPLY TO: 

1. Costs of normal maintenance, adjustments, installation, and startup. . 

2. Units sold, rated, or used for "prime power' applications as "Prime Power" has been defined by Generac. Contact 

distributor for prime power definition and warranty. 

3. Failures due to (a) normal wear and tear, or (b) accident. misuse, abuse, negligence. or Improper Instaflatlon. 

4. Products which are modified or altered In a manner not authorized by Generac in writing. 

S. Incidental, consequenlial, or indirect damages caused by defects In materials or workmanship, or any delay in repair 

or replacement of the defective parts. 

6. Failures due to misapplication. 

7. Telephone, telegraph teletype, or other communlcallon expenses. 

8. Living or travel expenseS of persons performing service, except as specifically inciuded within the lerms of a specific 

unit warranty. 

9. Rental equipment used while warranty repairs are being performed. 

10. Overtime labor, 

11. Engine block .heaters, slarting batteries, fuses, light bulbs, and engine fluids. 

THIS WARRANTY IS IN PLACE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. SPECIFtCALLY, GENERAC 

MAKES NO OTHER WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some 

states do not an-- limitations on how long an implied warranty lasts, so the above limitation may not apply to you. 

GENERAC'S ONLY LIABILITY SHALL BE THE REPAIR OR REPLACEMENT OF PARTS AS STATED ABOVE. IN NO 

SUCH EVENT SHALL GENERAC BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF 

SUCH DAMAGES ARE A DIRECT RESULT OF GENERAC'S NEGLIGENCE. Some slales do not allow lhe exclusion or 

• 

Ii(llitation of Incidental or consequential damages, so the above limitation may nol apply to you. Buyer agrees to make 

no claims against Generac based on negligence. 

This warranty gives you specific legal rights, and you may also have other rights which vary from state 10 slale. 

Bulletin Y. 854/Prinlerl in USA 8.91, 9.92, 3.93. 9.9~

192 

MINUTE BOOK 



• 

I 

MINIMUM SPECIFICATIONS AND BID FORM FOR nNO EMERGENCY GENERATORS 

PART I - 

AN ENGINE IGI;NERATOR FOR THE HARRISON COUNTY OFFICE BUILDING 


GENERAL: 



• 


4. Details of the manufacturer's warranty must be included wiltl the bid. 



Coordinator, (228) 865-4002 or Tim Murray, Outside Building & Grounds (228) 896-0212 

BID PRICE FOR PART I $ 17.300.00 

I 

BID PRICE FOR PART II $ 23.300.00 

Generator Manufacturer's Brand Name: -e..:..:..:..::=---.:.==-=----=-::....:..:..:.--=---- 

TRADEWINDS CORP. 

Delivery Schedule: EIGHT (8) TO (10) WEEKS FROI'I ORDER 

Warranty: _....:.T-=.WO:::........:(:..::2..:...)_Y:....::E:.:..:A~RS::.......:.F:..:.:R.::;OI'l:.:.....::S:....:.T~A~RT~-~U~P 

_ 

_ 

• 

I certify that the eqUipment being offered meets or exceeds the foregoing specifications 

DATE: JANUARY 19. 2000 

VENDOR~RGAN E~GINE & SUPPLY COMPANY. INC. 

SIGNED BY (Name and Title) J. B. PlORGAN, JR.~.I3'':1?J~Q 

VICE PRESIDENrlGE RAL I'IANA 

ADDRESS: P. o. BOX 1507 PASCAGOULA, MS 39568-1507 

TELEPHONE: 228-762-4355 FAX 228-762-7132 

SUBMIT YOUR BID ON THIS FORM. FAILURE TO DO SO MAY DISQUALIFY YOUR BID. 

PART I - BID #003 TO BE OPENED JANUARY 20.2000 

PART II - BID #004 TO BE OPENED JANUARY 20,2000 

I 

•

193 

• 

MINUTE BOOK 



I 

• 

PART I 

EMERGENCY GENERATOR FOR THE HARRISON COUNTY OFFICE BUILDING. 

I Engine/Generator: 

One 80KIN Diesel Generator - 

Voltage 240/3ph/60hHZl1800 rpm 

I 

• 

1. Engine to be radiator cooled with blowing fan. 

2. Engine and generator unit must be installed in an all weather enclosure with 

lockable doors. 

3. Sub-base fuel tank, double wall 250 gallons. 

4. Exhaust system installed silencer critical grade, with stainless steel flex 

5. Block heater 1500 watts (120V). 

6. Battery charger 12v trickle type (120V) 

7. Starting battery 12V 

8. Mainline circuit breaker sized to generator. 

9. Engine alarm and shutdown (safeties) for: 

a. High water temperature 

b. Low lube oil pressure 

c. Over speed 

10. All other standard equipment. 

II - Testing and start/up 

1. Warranty two years from start up. 

2. Start up and training one day. 

3. Generator shall be factory tested with test report 

4. Startup of unit and load test with building load. 

5. Generator supplier shall nave 24-hour service. 

I 

•

• 

194 

MINUTE BOOK 



• 

I 

PART II 

I - Engine/Generator: 

EMERGENCY GENERATOR FOR THE BILOXI HEALTH DEPARTMENT 

One diesel generator - 150 kW /206 volts/50 hertz /3 phase 

A. Engine shall be water cooled (radiator) with blowing fan. 

B. Engine/generator will be mounted on a common steel base with vibration isolators 

Installed between engine/generator and base. 

C. Governor shall be electronic type. 

D. Engine safety devices for alarm and automatic shutdown on high water temperature. low 

lube oil pressure, over speed and over crank. 

E. Engine starting system 12 volts D.C. 

F. Starting battery, heavy duty, installed 

G. One automatic battery charger trickle type, installed 

H. Engine/generator installed in an all weather enclosure with lockable doors. 

I. Jacket water heater installed sized to engine. 

J. Exhaust system critical grade silencer with rain cap. 

K. One (1) sub-base fuel tank, double wall sized for 46 hours of operation. 

L. One (1) main line circuit breaker sized to generator. 

M. Generator shall be single bearing, brush Jess type with class F insulation 12 lead reconnectable 

and with PMG installed, automatic voltage regulator. 

II - Testing and start/up: 

A. Generator units shall be factory tested with test report. 

B. Start/up of units and load test with building load. 

C. Training shall be provided at time of start/up. 

D. The generator package shall be warranted for two (2) years. 

E. Generator sUFPlier shall r,ave 24hour service 

• 

I 

• 

I

MINUTE BOOK 



19S 

I 

MORGAN 

ENGINE Bl. 




P.O. Box 1507 


• 



Phone 228-762-4355 

Fax 228-762-7132 

MorganEngine@AOL.Com 

I 





ATTENTION:' CLERK OF THE BOARD 




• 







PACKAGE PRICE F.O.B. JOB SITE $11,273.00 EACH 

TOTAL PRICE --- $33,819.00 

I 





•

196 

MINUTE BOOK 



• 

I 


PACKAGE 

CONSIST: 










BLOCK HEATER. 











250 GALLONS. 



• 

I 

• 

I 

•

197- 

MINUTE BOOK 

• BOARD OF SUPERVISORS, HARRISON COUNTY. MISSISSIPPI 


I 


• 





I 





NOTE : 

• 








I 

SUBMITTED 

BY: 

LJ/3vm~r;l 

J. B. MORGAN, JR. 


•

198 

MINUTE BOOK 



• 

I 

FOR BID NO. 004 

....: .. ~l:~.;- e.~, DIESEL GENERATOR SET 

..,.... I""\,...~. _.,"':'.. t\,t~ .0, ..,,·...--· ... 'C:) 

_. - -'''' ... 

MODEL TP-150 

• 

.8(1721 J 

I 

c~-----'------- ~ 

I. _ 

~~ 100(25

~ 

199 

• 

MINUTE BOOK 



I 

·MODEL·TP-150 

• 

lllO(t:;~ll)'----------- 

I 

Engine Specifications , 

£ngine Model 

Perkins 1306-9TGI 

Standby HP@ 1800 Rl'M 230 


Displacement 

• 

Ilorc 

Slroke 

ASpiralion 

Engine Type 

531 cn in (8.7 lit res) 

4.59 (116.6mm) 

5.35 (135.9mm) 

Tu\bocharged 


Optional EQuipment 

Battery, Rack & Cables 





Aulo Start Control 


Jacket Water>Heater 

Single Phase 

Export Boxing 


Exliaust Connector 




Fuel Tank 

Enclosure 

Paralleling 


I 

Compression Ratio 15.8:1 

Replaceable Wet Type Cylinder Uners 

.. .. 

Heavy Duty Cast Alloy Cylinder Head 

Forged Steel Dynamically Balanced Crankshaft 

In-Line Injeclion P,'mr with Mechanical Governor 

Three Phase Basic Unit With (No Options) 

Weight 3,891Ibs:'(1768 kg) Basic Gen-Set Onl~ 

Shipping'Characteristics of Basic Unit No Options 

Cube L=114 (2897) W= 48[12191 H= 78 [1981J 

Shirping Weights & Dimensions May Vary Witb Oplions 

Dimensions For Three Phase Unit Above Are: inches Immj 

August 197 

•

200 

MINUTE BOOK 



• 

I 

MINIMUM SPECIFICATIONS AND BID FORM FOR TlNO EMERGENCY GENERATORS 



GENERAL: 


• 

2. The bid price shall',nclude all freight, unloading, installation and rigging fees. 






I 


BID PRICE FOR PART II $ 22,607. aD 

• 

Generator Manufacturer's Brand Name: -ll.K.!.!.Qhl.Ll.l..le

201 

• 

MINUTE BOOK 



I 

QUOTE # MSOO-OllO 


FOR 

• 

Rated 

IS0kW 

STANDBY GENERATOR SYSTEM 

HARRISON COUNTY - HEALTH DEPARTMENT 

Voltage 

1201208 

Hertz 

60 

I 

Kohler Model 150ROZJ Diesel Engine Driven Generator 

Dec-l Controller with Gauges and Meters 




• 

Fuel System 

514 Gallon Double Wall Subbase Fuel Tank 

Emergency Pressure Relief 

2" Locking Fill Cap 

Normal Vent Kit 

Low Fuel Level Alarm 

Flexible Fuel Lines 




Battery Charger, 12 V, 6 Amp, Float! Equalized Type 

Block Heater 


Isochronous Governor 

I 

Miscellaneous Items 

Basic Two (2) Year Warranty 

One (1) General Maintenance Literature Kit 





•

202 

MINUTE BOOK 



• 

I 

KOHLER.POWER SYSTEMS 

~9001 U.SA PI""IIOO ~""i>t"'od 

-~ 

Ratings Range 

60 Hz 

Standby: 

PrIme: 

kW 

kVA 

kW 

kVA 

110-160 

110-200 

100-145 

100-181 


50 Hz 

92-132 

92-165 

84-120 

84-150 

130'C 105'C 

130'C Rise Rise 

Rise Standby Prime 

Generator 

Standby Ratln!! Rating 

Voltage PH Hz Amps. kW/kVA kW/kVA 

4S13 120/208 3 60 520 150/188 130/163 

120/240 3 60 451 150/188 130/163 

120/240 1 60 458 110/110 100/100 

127/220 3 60 492 150/188 135/169 

139/240 3 60 451 150/188 135/169 

220/380 3 60 266 140/175 125/156 

277/480 3 60 226 150/188 135/169 

347/600 3 60 180 150/188 135/169 

110/190 3 50 456 120/150 104/130 

110/220 3 50 394 120/150 104/130 

110/220 1 50 418 92192 84/84 

115/200 3 50 433 120/150 108/135 

120/208 3 50 430 124/155 108/135 

220/380 3 50 228 120/150 104/130 

230/400 3 50 217 120/150 108/135 

240/416 3 50 215 124/155 108/135 

4UA9 120/208 3 60 555 160/200 145/181 

120/240 3 SO 481 1S0/200 145/181 

127/220 3 60 525 160/200 145/181 

139/240 3 60 481 160/200 145/181 

220/380 3 60 304 160/200 145/181 

277/480 3 60 241 160/200 145/181 

347/600 3 60 192 160/200 145/181 

110/190 3 50 501 1321165 120/150 

110/220 3 50 433 132/165 120/150 

115/200 3 50 476 1321165 120/150 

120/208 3 50 458 1321165 120/150 

220/380 3 50 251 1321165 120/150 

230/400 3 50 238 132/165 120/150 

240/416 3 50 229 132/165 120/150 

""132 p'UHU.J) 4/97. 

Model: 150ROZJ 

Diesel 


• Kohler Co. provides one-source responsibility 

for the generating system and accessories. 

• All generator sets and components are 

prototype tested, factory built, and production 

tested. 

• Generator set provides one-step load 

acceptance per NFPA 110. 

• Generator set engine on 60 Hz model is 

Environmental Protection Agency (EPA) 

certified. 

• A one-year limIted warranty covers all systems 

and components. Two-, five-, and ten-year 

extended warranties are available. 

• Generator features: 

o Kohler's unique Fast-Response m excitation 

system delivers the fastest vortage response 

In the industry. 


broadrange reconnectability. 

o Kohler's permanent magnet-excited generator 

(PMG) provides superior short-circuit 

capability. 


o Controllers are available to meet all 

applications. See controller features inside. 

o Low coolant level shutdown protects 

generator set from overheating. 

o Integral vibration isolation eliminates the 

need for installation of vibration spring 

isolators under the unit. 

RATINGS; Standby ratings are continuous lorthe dllratioo of lin)' power outa~(J. No ovel1o!'lld 

at.paclty 1$l'Jpooifj$d al thl~ rAtlnQ. P:lmu T111ini;.l are oonll(luol)$ per BS 5514, DIN 8271, 

150·31)46. and lEe 34·1 with 10% OVf)r108d capadty on8 hour in twelve hours. /lJ1 

singl...pha~ElLJnitsare(al&d~t 1.0 powtIffactOl'. NI.3.pt\ese unIts Arl!trat~at 0.8 paWOda.Ct'Of. 

Contact Ihe f"!;lory fO( raling~ of 6t)I wat.,r·txmlftd and r~nnole redialor' model$. LArger 

l!I!t9rnalOrs may be used 10 mHt special application requirements. Al,/l!lllAblliry is subject to 

change without r'lDl:IC:8. Kahlur Co. re:5ll!ll\le~ the right (0 chilllge the Cle.!/.igl'\ Of spec:ific:alion3 

without notioo and without ar'ly obliQation Dr liability whet"'OOVf)r. Conll'lCl yourlocal Kohler Co. 

generator distrlbulor lor IIVllilllbtlity. NOTE: Inherenl engine design and/Of electronic engiM 

COf'Itrl;l!~ prlfllflnl !ID9ina $~g«l~A'Of381: Iruquoncy COnl,lersion on lhj:l modol sefiD:J. 

DERATION: MBXimum altitude btItore I:.leneralor set deration. ft. 1m): 600 (183). Altitude 

deration faCl:or. % p.,r 1(100ft (305m): 0.5. MrodmulTl imake wf h!ltnp&rl!l.turl!l b9lore ge.ners(or 

set dl!lrslion, OF (OC): 77 (25). Terrlp8ratuf8 tHJrlltionlMtor. '" pur 10 0 f (5.S-C): 0.5. 

• 

I 

• 

I 

•

203 

• 

MINUTE BOOK 



I 

• 

Number olleeds . 

I 

Speclll""tlons 

Manufscturer . 

Type .. 

Exciter type . : . 

Voltage regulator ...••.••••• , •.••.•.••• 

Insulation: NEMA MG1-1 ,66, 

Bearing I number, type •.••.••.••...•.••• 

Coupling . 

Amortisseur windings .•................ 

Voltage regulation, no load 10 full load .... 

one-step load acceptance per NFPA 110 

Peak motor starling kVA: 

Engine 

4513 . 

4UA9 . 

Alternator Speci'fications 

Fast-Response 

Generator 

Material , .. Class H 

TempQrature rise ••......•.••.....• 

Kohler 

4-Pole, Rotating Reid 

Brushless, Permanent 

Magnet, Fast-Response"" 

12, Reconnectsble 

Solid State, Volts!Hz 

130' C, Standby 

I, Sealed 

Flexible Disc 

Full 

",2% 

100% of Rating 

(35% dip for 480 V, 60 Hz 

and 380 V, 50 Hz) 

510 (60Hz), 370 (50Hz) 

700 (60Hz), 430 (50Hz) 

• Compliance with NEMA. IEEE, and ANSI standards for 

temperature rise. 

• Sustained short-circuit current up to 300% of rated 


• Sustained short-circuit capability enabling downstream 

circuit breakers to trip without collapsing the generator 

field. 

• Self-ventilation and drip-proof construction. 





• A solid-state, volts-per-hertz voltage regulator with 

±2% no-load to full-load regulation. 

• A Fast-Response W brushless alternator with brushless 




Engine Specifications 60Hz I 

50Hz Engine Electrlcal System (12/24V') 60Hz 

I 

50Hz 

Manufacturer John Deere Battery charging a1temator: 12 VoIV24 Voh 

EnginB, model, type 6081AFOOI 4-Cycla, Ground (negative/positive) ....... Negative 

TurbocharQed, Aftercooled 

Volts (DC) ..................... 12/24 

Cylinder arrangement 6 In-line Ampere rating ................. 78/40 

Displacement, cu. In. (L) 496 (8.1) Starter motor rated voltage [DC) 12/24 

• 

I 

Bore and stroke, in. (mm) 4.56 (116) x 5.06 (129) Recommended battery cold cranking 

Compression ratio 16.5:1 amps (CCA) rating lor 0'1' 800/570 

Piston speed, IVmin. (mlsec.) 1425 (1.2) I 1188 (6) Quantity of batteries 1/2 

MaJn bearings: number, type 7, Steel Sacked/ Battery voltage (DC) 12/24 

Aluminum Uned 

AoUino current at 32°F 950/600 

Rated rpm 1800 I 1500 

• 12-volt or 24-volt enQine electrical systems are available. 

Max. power at rated rom, hp (kWl 250 (186) I 210 (157) 

Cylinder head material Cast Iron Fuel 

Crankshaft material 

Forged Steel 

Fuel System 60 Hz I so Hz 

Valve material: 

Fuel supply line, min. 10, in. (mm) 0.438 (11) 

Intake .................. ... . .. Chromium-Silicon Steel 

Fuel return line, min. 10, In. (mm) 0250 (6) 

Exhaust ...... .......... . ..... 

lnconel 

Max. lift, engine-driven fuel pump, ft. (m) 3.0 (0,9) 

Governor, type, make/model 

Mechanical, 

Robert Bosch P3000 Max. tuel flow, gph (Lph) 45.4 (172) I 37.4 (142) 

Frequency regUlation, no load to full Fuel prime pump Manual 

load 3-5% Fuel filter Primary 8 Microns 

Frequency regulation, steady state .0.33% @ 98% Efficiency 

Air cleaner type, al1 models Dry, Paper Element Recommended fuel #2 Diesel 

Exhaust 

Lubrication 

Exhaust System 60Hz 50 Hz Lubricating System 60 Hz 

I 

50 Hz 

Exhaust flow at rated kW, elm (m 3 /mln.) 1480 (42) 1210 (34,3) Type Full Pressure 

Exhaust temperature at rated kW. dry Oil pan capacity, qts. (l) 32.75 (31) 

exhaust, '1' ('C) 1015 (546) 1060 (571) Oil pan capacity with filter, qts. (l) 33.75 (32) 

Maximum allowable back pressure, 011 filter, quantity, type 1, Cartridge 

in. Hg (kPa) 2.2 (7.5) 

Exhaust outlet size at hookup, in. (mm) 4 (101.6) 

Oil cooler 

Water-Cooled 

• 

G5-- 132 I150FlOZJ) 4!97i!1

204 

MINUTE BOOK 

BOARD OF SUPERViSORS, HARRISON COUNTY, MISSISSIPPI 


• 

I 

CQoling (Standard Radiator) 


Operation Requirements (cont'd.) 

50 Hz Fuel Consumption I eo Hz I 50Hz 

Cooling SysteM 60Hz I 

Ambient temperature • F (OC) t 2.2 (50) Diesel, llph (Lph) at % load 

Engine jacket water ca.paclty, gal. (L) 3.8 (14.4) 100% 10.7 (40.5) 8.9 (33.7) 

75% 8.1 (30.?) 6.9 (26.1 

Redlator system cepaclty, Including 

enQlne, QaI. (L) 7.8 (30) 50% 5.8 (22.0) 5.0 (18.9) 

Engine Jacket water flow, gpm (Lpm) 57 (216) I 49 (185) 

25% 3.7 (14.0) I 3.0 (11.4) 

'--- 

Heat rejected to cooling weter at ,,,ted 

Controllers 

kW, drY exhaust BtU/min. 5160 4300 

I 

Water pump type Centrifug'" Standard Controller and Features 

Fan diameter. including blades, In. (mm) 23,6 (599) 

aEl 

Fan hI' (lM) 8.2 (6.1) I 5.3 (4.0) 

&>~o 

Max. restriction of cooling air. intakei~d 

I~;=~~ 

discharge side of red., In. H,O fin. H 0.5 (O,03?) 

~Q~ =- 

Type: 16-light microprocessor 

Remote Redlator System 60Hz I, 50Hz Power source, with circuit protection: 12-volt DC 

~!"anifold type Dry Panel lamps (2) 

Connection sizes: 

·• Analog Meiers: 

o AC meters, 3.5 in. (89 mm) 2% full·scale accuracy on voltmater 

Engine Waler Inlet. in. (mm) .,. .. 2.0 (51) ID Hose 

and ammeter, .0.5% full-scale 8ccun~,cy on frequency meter 

Engine Water outlet, in, (mm) .... 2.5 (64) 10 Hose a DC meters. 2 In. (51 mm), 2% full·scale accuracy (volts, engine 

water, temperature, oil pressure) 

Remote radiator: 

0 Running time meter 

Make., ... ,., ................ Modine Switches and Controls: 

Model ..........", ...... ..... M7VR2 · o Alarm horn and silencing switch 

o Cyclic cranking 

Mounting .. ................. ... 

Vertical 

0 Engine'cooldown timer, 5-mlnute 

Discharge ..... 

, .. . . . . . .... ,." Horizontal o Front-mounted voltage' adjusting rheostat .5% 

Fan motor: phase, hI' (kW) .... .. 3, 2 (1.5) o Lamp lest switch 

Radiator capacity, gal. (L) 

o Local emergency .top button switch (optional) 

' .. , 9 (34) 

o Meter phBse selector switCh. 7 position 

Static head "'Iowable 

o Overvoltage protection shutdown 

above engine, ft, (m) .....• , ..... 20 (6.1) 

0 Prime power mode 

Bottom tank (outlet), in... ...... 2.5 NPT 

Fauit and Condition Lamps: 

· o Air damper (red) (200-1600 kW diesel only) 

Dry weight, lb. (kg) ... , .. .. ..... 

550 (24S.L.-J o Auxiliary fauit (red) 

o AUXiliary prealarm (y"lIow)" 

City Water Cootlng System 60 Hz 

I 

50 Hz o Battery charger fault (red)" 

Exhau.t manifold type Dry 

Emergency stop (red)" 

Generator switch not In auto (red) 

System capacity, gal. (L) 

1,25 (4.5) " 

0 High engine temperature safety shutdOwn (red) 

City weter consumption,' gpm (Lpm) at 

Low battery vcltage (r~)" 

" 

50'F (10'C) 7.8 (26.4) 6.8 (23) a Low coolant level shutdown (aUXiliary) 

Low fuel (red)" 

Connection sizes:· Std./Opt. Alternator " 

Tank top (lnlel). in. ...... ..... ,. 2.5 NPT o Runjoff·reset/aulo switch (engine start), local/remote two-wire 

0 Low oil pressure safety Shutdown (red) 

Water inlet, in. .. , .. ' .... , .... ,. 0.5 NPTIO.75 NPT 0 Low water temperature (red)* 

Water outlet, In..... ........ .... 0.5 NPTI1.5 NPT 0 Overcrank safely shutdown (red) 

0 Ovarspeed safety shutdown (red) 

" Data based on Thermal Transfer Prodycts B-l002-Eli heat ~ 

0 Prealarm high engine temperature (yellow)· 

excha~ger with thermostatically controlled water-saver valve, electric 

0 Prea!arm low all pressure (yellOW)· 

solenOId val~~~._~d surge tank. 

o Syslem ready (green) 

" ReqUires optional kit or ussr-provided device far lamp to function. 

Operation Requirements 

Optional Controllers 

Air ReqUirements 60 Hz 50 Hz Decision-Maker'" 1 controller 

Ra.diator-cooled cooling a.ir, 

Engine gauge box for paralleling controller (SWitchgear) 

cfm (m 3 /min.) 6600 (187) 5000 (142) Manual controllsr 

Cooling air required for gen. set when 

• Manual paralleling mfcropracessor controller 

Oversized rneterbax controller 

equipped with CWC or remote radiator, 

based on 2S'F (14'C) rise and ambient 

7-light controller 

temp. of 85'F (2goC), cfm (m"/min.) 

· (For optional controller features, see controller spec sheet.) 

5600 (159) 4800 (136) 

Combustion air. cfm (m"/min.) 475 (13.5) 350!.~ 

Heat rejected to ambient air: 

Engine BTU/min....... .. , ..... 

Generator BTU/min. ......... " 

6S0 610 

~- 

~ 

• 

I 

• 

I 

GS-132 (l50ROl'J) 4/97a 

•

205 

• 

MINUTE BOOK 



I 

KOHLER CO., Kohler, Wisconsin 53044 U.S.A. 

Phone 414-565-3381, Web site www.kohlerger1erators.com 

Fax 414-459-1646 (U.S.A. Sales), Fax 414-459-1614 (International) 

After July 26,1997, use area code 920 instead of 414 

For the nearest sales and service outlet In U,S.A. and Canada Phone 1-800-544-2444 

• 

Enclosed Unit 

o Exhaust Silencer, Critical or Residential 

Silencer Mounting Kit for Housing 

Sound Shield Enclosure 

o Tail Pipe and Rain Cap Kit 

o Weather Housing 

I 

Open Unit 

o Exhaust Silencer, Critical or Residential 



o Block Heater 


o Radiator Duct Flange 

o Remote Radiator Cooling 

Fuel System 

o Auxiliary Fuel Pump 

o Day Tanks 

o Flexible Fuel Lines 

o Fual Pressure Gauge 

o Subbase Fual Tanks 

• 

I 


o Battery 


o Battery Charger, Trickle Type 

o Battery Heater 

o Battary Rack and Cables (standard) 


o Air Cleaner, Heavy Duty 

o Air Cleaner Restriction Indicator 

o Bus Bar Kits 

o eSA Certification 

o Electronic IsochronouS Governor 

o Generator Strip Heater 

o Line Circuit Breaker 

o UnB Circuit Breaker with Shunt Trip 

o NFPA 110 Literature 

o Optional Generators 

ORated PowBr Factor Testing 

o Safeguard Breaker 

o Voltage Regulation, 1% 

o Voltaga Ragulator Sensing, Three-Phase 

Paralleling System 

o Load-Sharing Module 

Droop Compensator 

o Remote Speed Adjust Potentiometer/Electronic Governor 

o Voltage Adjust Potentiometer 

o Voltage Regulator Relocation Kit 

Reactive 

• 

~ 

Accessories 


Kohler" Power Systems 


7 Jurong f>ier Road 


f>hone (65)264-6422, Fax (65)264-6455 

Maintenance 

o General Mainlenance Literature Kit 

o Malntenance Kit [InclUdes air, oil, and fual fillers) 

o Overhaul Literature Kit 

Controller (Standard Controller) 

o Common Failure Relay Kit 

o Customer Connection Kit 

o Decision Monitor'" Remote Annunciator Panel 

o Dry Contact Kit (Isoleted Alarm) 

o Extension Wiring Hamess tOT Remote Mounting of ControUer 

o FASTCHECK~ Diagnostic Fault Detector 

o Prealarm Sender Kit 

o Remote AUdloNisual Alarm Panel 

o Ramota Emergency Stop Kit 

o Run Relay Kit 

o Tachometer KiUOversize Meterbox 

o Wattmeter Kit/Oversize Meterbox 

Miscellaneous Accessories 

o o o0 

_ 

0 _ 

o 

Overall Size, Lx W x H, in. (mm): 104.50 x 34.00 x 56.13 

(2654 x 864 x 1426) 

Weight (Radiator Model), wet lb. (kg): 3560 (1615) 

D I-~r~ 

I- 

NOTE: This drawing IS providad for telere:"(:It ()I"jly and &hl>l,ltd not b$ us&d lor planning 

insteJlalion. Conlact: YDur local distributo.' for mo,e detailed Iniormllll."... 

f:J~I.~ I,~~~T;E~;.~;P:-:::,;-~

206 

MINUTE BOOK 



• 

I 

-",.-. ".,,~_._- .........-- _.--"-'--'-,--_..~..-,~--~.-~--~ 

Optional Two~YeatorTwo Thousand (2;OOO)- 

Hour Stationary Standby Limited Warranty 

This Kohlar Standby" Generator System has been manufactured and Inspected with cara by experienced craftsmen. If you are the 

origInal putcha'5er, Kohler Co. warrants for tNo years or two thousand (2,000) hours, whichever oecut~ first, "that the system will be free 

from defects In material and workman~hip if properly installed, maintained, and operated in accordance with Kohler Co. instruction 

manuals. 

' 

This warranty Is not effecUV8 unless a proper optional warranty registration torm and warranty fee have been sent. to Kohler 

Co. within one year of Dl.lribut~r-Supe,vl••d Sta,t-Up. 

During the warranty period, repair or replacement at Kohler Coo's option will be furnished free of charge for parb, provided an inspection 

to Kohler Co.'s satlsfQctlon discloses a defect In rna1erlal and workmanship, and provided thatthe part or parts are returne.d tCl the Kohler 

1actory or an Authorized Service Station If requested. This optional warranty expires two years after date of s\art-up or after 2,000 hour:s 

of opera.tion, whichever occurs firsl'lt 

This Warranty does, not apply to malfunctions caused by damage, unreasonable use, misuse, or normal wear and tear while in your 

possession. . 

• Some ,••uletions may apply. Contac1 you, Kohler DistributorlDe.le, for lull det.i1s• 

. Tho follOWing will not be covered by this warranty: 

1. Normal .,nglne we£lf, routJn~ tune-ups, tune·up parts, 

adjustments j and perlodie s~rvice. 

2. Damage caused by accidents, Improper installation or 

handling, faulty repairs not performed by an authorized 

service representative, or improper storage. 

3, Damage caused by operation with Improper fuel or at 

speeds, loads I conditions, modifica.\ions, or installation 

contrary to published specifiCations or recommendations. 

4. Damage caused by negligent maintenance suth a.s: 

a. Failure to provide proper and sufficient lUbricating oil. 

b. Failure to keep air intake and cooling fin Qrel:\S clean. 

e. Failure to properly sefYlce air cleaner. 

d. Failure to provide sufficient coolant and/or cooling Rlr. 

e. USB of other than factory-supplied or -approved repair 

parts and/or procedures. 

1. Failure to perform ~chedul6d maintenance as 

prescribed in supplied manuals. 

g. Failure to exercise with load regIJlariy. 

5. Original installation chiuges and start-up cOSls. 

6. Starting batteri~5 and tile 101lowlng tela-ted expenses: 

a. Labor charges rela1ed 10 battery :;ervlco. 

b. Travel expense related to battery service. 

7. Engine coolant heaters, heater controls, and circulating 

pump~ after the) f1r~t year. 

8. Rental of equipment during perfQrmance of warranty 

repairs. 

9. Repair shop labor without prior approval from the Kohler 

Co. Warranty Department 

10. Engine fluids such as fuel, 011, coolanVantifreeze. 

11. Shop supplies :such as adheslv83, cleaning solvents., 

rags, atc. 

12. Expenses incurred investigating performance complaints 

unless the problem is caused by defective Kohler 

materlal~ or workmanship. 

13. Maintenance Items such as fuses, filters, spark plugs, 

looseJ1eaking clamps. adjustments I etc. 

• 

I 

• 

A Start-Up Notification Form must be on file at Kohler Co. A Start-Up Notification Form must be completed by Seller and received at 

Kohler Co. wilhln 60 days after the: date of initIal stQrt~up, Standby systems not registered within 60 days 01 start-up will Qutomatically be 

registered by Kohler Co, lIslng the Kohler CQ. ship date as the 1"itart-up date. 

To obtain warranty service call , -600·544-2444 for your nearest authorized Kohler servica representative, or write Kohler Co., 

Generator Service Department, Kohler, WI 53044 U.S.A. 

KOHLER co. SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, includinq but 

not limited to Incidental, consequential labor CQ::Ib, Installation charges, telephone charges, ortranspor1atioli charges In connection with 

the replacement or repair 01 defective parts. 

This Is our exclusive written warranty. We rnakl';! no other express warranty, nor is anyon('l authorized to f'TlA.ke any in our behalf. 

ANY IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY DR FITNESS OF 

PURCHASE, is expressly limited to the duratioh of this warr,anty. 

Some sta1es do not allow limitations on how long an implied warranty lasts, or the exclusion or limHatJon of incidental Of consequential 

dama9"~1 ~o \he above limitation Of exclusion may not apply to you. 

This warranty gives you specific legal rights. and you may also have other right~ which vary from !itate to state. 

KOHLER~ 

POWER SYSTEMS 

KoHL£:R co. Kohlt>f, Wisconsin 53044 

PhoriA 920-565-3381, Web site W'NW.kohlergenerators.com 

F•• 920·459·1e46 (U.SA. Sale,), FHX 920·459·1614 (InlemalionaJ) 

For the l1earest sales and service outlet In U.S.A. and Canada 

PhohEr 1·eOO·544·2444 

TP-5497 4/98 

I 

•

207 

• 

MINUTE BOOK 



I 

MINIMUM SPECIFICAnONS AND BID FORM FOR TWO EMERGENCY GENER4TORS 


• 

PART II -AN ENGINE IGENERATOR FOR THE BILOXI HEALTH DEPARTMENT BUILDING 

GENERAL: 



I 


4. 

5. 

Details of the manufacturer's warranty must be included with the bid. 

Technical questions not addressed in these specifications should be submit in writing to 

the Purchasing Department, to be answered by Mrs. Linda Rouse, the County Civil Defense 


BID PRICE FOR PART I 

SI8.341.87 

• 

Generator Manufacturer's Brand Name: ""'G"'e"'-ne"'r-"a"'c ~ _ 

BID PRICE FOR PART II Sl·U31.95 

Delivery Schedule: 15 weeks upon confirmation of order 

Warranty: 5 Years from start-up date (Basic) 

I certify that thc equipment being offered meets or exceeds the foregoing specifications. 

DATE: ,Janu~a,-,n,--'"'12=-'-.-'=2""0-"-00"-- 

_ 

I 

VE:'fDOR: Kennedv Engine Co.. Inc. 

SIGNED BY (Name and Title): ..:V"'e~rl~on~M~c"'K"'e"'n~z~ie"_.""'S .... al""e"_s---'.--'~=__ 

ADDRESS: 980 Motsie Road Biloxi. MS. 39532 

1/, /.. .y!l;'F-- I~ 

.......:~:...._~____'__ 

TELEPHONE: (228) 392·2200 "'-.F,-"A."X,,-:!-=(2c::;28~)~3~9=_2-..::.9""50::.:7 _ 

SUB;\,HT YOUR BID ON THIS FOR. FAILURE TO DO SO MAY DISQUALIFY YOUR BID. 

• 

PART I - BID #003 TO BE OPENED ,JANUARY 20, lOOO 

PART II - BID /;1004 TO BE OPENED JANUARY 20, 2000

208 

MINUTE BOOK 



• 

I 

I 

Engine 

Generator 

Set Enclosures 

• 14 or 16-gauge .eel constructlon with 

comer po8t81or maximum protection 

• 

• EJecb'olIt8IfcaJly applied paint with 

beked enamel finish 

• Encloau.... mounted directly to 

generator ba8e fnun.. 

• Weathe""""stant root design featul88 

drip ledge to shed moisture 

I 

AIf..WNth., Prol8ctlon, 

ConstlJnt SBcurlty 

Generac enclosures for generator 

sets provide year-round protection 

from the elements, discourage 

tampering, and greatly reduce 

exterior noise levels. 

Each precisely-constructed sheet 

metal enclosure has a full range of 

features that will extend the life ot the 

generator set. And the total package 

is manufactured with a clear set of 

priorities in mind: user-convenience, 

sarety, and security. 

R1I/~nt DesIgn 

Rain-resistant features include a drip 

ledge that directs rain off of the 

enclosure, a sealed collar 

surrounding the roof exhaust 

opening, and an attached rain shield 

on the fleXible exhaust pipe. 

The muffler is protected from 

incoming rain by a rain cap, and 

secured with two muffler supports. 

Together with rust-proof hardware, 

these features add up to an 

extremely protective and durable 

enclosure. 

S1mp/tl SstvIcIng 

Access to thfI GemItIt 

Generac enclosures have large, 

easy-

209 

• 

MINUTE BOOK 



I 


• 

MocI.'~. Enalne SIze RIblrs) l.-th Width HeIGht Ito around) 

80008 1.0 44.4 25.7 29.2 

80010,15,20 2.4 n 35.5 45.5 

80025, 30, 35 3.0 77 35.5 45.5 

80040, 50, 60, 4.0 94.1 38.1 50.2 

S0060, 80, 100 5.0 94.1 37.91 50.2 

80125 5.0G.D. 111 38 390mm'53.5 & 52C1rrm'56.7 

80125,150 7.5 111 38 65.28 

I 

DIESEL 

Enclosul'8 Dimensions (Inches) 

80180 7.5 GD. 120 38 60.0 

8D200, 230, 250, 275 13.3 137 54 65.25 

-~ 

GAS 

• 

MocIef~• Enalne Size filters) Lenath WIdth HtlIal'lt (to arou~dl 

8G010, 15,20,25 1.6 48.2 24.7 32.9 

SG015, 20,25 3.0 77 35.5 45.5 

SG035,45 4.3 77 35.5 45.5 

EncloIIuI'8~ (Inches) 

SG060,75 4.3 GD. 93 38.12 50.25 

8G030, 35,40, 45,50 5.7 93 38.12 50.25 

SG075, 80, 85 5.7 G.D. 111 

38.12 56.73 

I 

SGoeo, 65, 70 7.4 93 38.12 50.25 .- 

SG100 7.4 G.D. 111 38.12 56.73 

-'.~-- 

8G125 13.3 137 54 65.28 .- 

SG150, 175,200 13.3 137 54 65.28 

NOTE: Dimensions should not be used far installation. Consutt local distributor for installation drawings. 

I 

• 

GENERAC' 

GENERAC CORPORATION· P.O. BOX 8. WAUKE:SHA. WI 53187 

414/544·4811 • FAX 414/544-4851

(¥f-to',USf f~NGl ~ 

IK)i( 12 

ll:li'...Ut? PI..8J _Yl,l}j 

I.r..LL.ill[----Y..IJ:.~ 

ll\\) , 

-I' 

i 

J, I 

I 

R 

.... ~ 1 

f 

,,- !t\JH: it 

o 

U/GIN( :E:RYIC[ (Otttlrl.llD-li'" 

.-===--_.~:-;:.:~::=:.---::--.~=-----:::::-~--::,--;=-~ ...-:;::;,: 

rur:.. Ph iT ""- J /4" r>PI 

run RE TutoN "- i I~' NP) 

OIl I'l~AlN ~ 1.'2' N P 1 

[;;1\"1.1-:;, UU1U.' ~ SCl NOli b £'£1.011 

:i'1.AII;" 

I~Et 

Alii Ol.ei QJM[NSIONS 

illlJllill

211 

• 

MINUTE BOOK 



I 

KW : 150 

• 

I

212 

MINUTE BOOK 



• 

I 

.1 Control Consoles 

• SOlid 8tatB control. for S8f8ty 

8hutdowna, Inetrumentatlon. and 

regulation. 

• Three models available to ftt every 

need. 

• 

• Mounted up-front for eaey aCC888. 

• Single PCB for DC control system. 

• Single vottage regulator for all 

control panel.. 

I 

InstBnt Infol1T1llUon 

Generac control consoles combine form and 

function to monitor your complete power 

system needs. The proven control console 

design provides you with precise control for the 

life of your power system. 

Available in three models to fit your exact 

needs, the control consoles are outfitted with a 

whole complement of standard features and 

optional accessories. Each console is 

equipped with a printed circuit board to protect 

the generator set against high temperaturellow 

water levels, low oil pressure, overspeed, and 

overcrank conditions. All shutdowns have 

visual indicators associated with them. 

GENERAC' 

D ()\/\/ I=" D 

A voltage regulator is also housed in the panel 

to provide dependable generator output. 

Each control panel is constructed with 16 

gauge steel and mounted on vibration isolators. 

The wire harness design eliminates wiring 

problems, and the single circuit board simplifies 

the control panel design. 

Full engine instrumentation is standard. 

Various types of generator output 

instrumentation are available. Additional 

control and alarm features are available to 

meet industry standards such as NFPA-11 O. 

• 

I 

•

213 

• 

MINUTE BOOK 



I 

Control Console Features 

• 

A 

CONTROL CONSOLE 

ADDITlONAL $'TANDARD !'£AlURES 

B 


ADDI1lONAL STANDARD FEATURP!.S 

C 


ADDrTlONAL 5'TANDARD FI!A'l'URES 

• Auto/manual start 

• Single lamp latched annunciation for: 

- High temp.l1ow water levels 


I 

- Overspeed 

- Overcrank 

• 2. wire start/stop control 

• Overcranking & starter protection 

• Cyclic cranking 

• Full engine instrumentation 

• Front panel voltage adjustment 

Wiring harness for electrical 

connections 

3 position switch (offimanuaVauto) 

OverspeOO protection 

• 

• Run Time Hourmeter 

• Panel light 

I 

• 

Optional ACC88aOrI.. 

o Locking voltage adjust potentiometer 

o Oil temperature gauge 

o Oil temperature pre-elarm and 

shutdown 

o Engine run relay 

o 100 dBA alarm hom 

o Emergency stop button 

o Over/under voltage relay 

a Overfunder frequency relay 

o Overcurrent relay 


• AC selector switch 

• Single lamp latched annunciation for: 

- High tempJlow water levels 

- low oil pressure 

- Overspeed 

- Overcrank 

'. AC meter package 

• AC frequency meter 

• 2 wire start/stop control 

• Overcranking & starter protection 

• Cyclic cranking 


• Front panel voltage adjustment 

• Wiring hamess for electrical 

connections 

• 3 position switch (oflfmanuaVauto) 

• Overspeed protection 

• Run Time Hourmeter 

• Panel light 


o O~ temperature gauge 

o Oil temperature pre-alarm and 

shutdown 


o 100 dBA alarm horn 


a Overfunder voltage relay 

o Overfunder frequency relay 


o Digital AC meter package 

o Digital wattmeter 


• AC phase selector switch 

• Individual lamp latched annunciation 

and shutdown lor: 

- High temp.l1ow water levels 

- Sensor loss 


-Overspeed 

- Overcrank 

• AC frequency meter 

• 2 wire start/stop control 

• CyClic cranking 

• Lamp test/reset switch 


Run time hourmeter 

RPM sensor overspeedlstarter 

protection 

• Wiring harness for electrical 

connections 

• 3 position switch (ofl/manuaVauto) 

with red annunciator lamp when not in 

'auto" mode 

Panel light 

OptIonal Acces8O/'kMl 

o NFPA alarm package 

OS-function dry contact PCB· 

o 6-function 'Form C' dry contact PCB 


o Oil temperature geuge 

o Oil temperature pre-alarm and 

shutdown 


o 100 dBA alarm horn 


o Overfunder voltage relay 

o Overfunder frequency relay 


o Digital AC meter package 

a Digital wattmeter 

GENERAC· 

GENERAC CORPORATION· P.O. BOX 8· WAUKESHA, WI 53187 

414/544-4811 • FAX 41 4/544-4851

214 

MINUTE BOOK 



• 

I 

• Insure quick easy starts 

• 100'on and 120*Off temperature 

• Factory Installed and Wired 

• 

TYPE A 

Generac Coolant Heaters 

TYPE B 

I 

The Engine Coolant Heater type and wattage are selected to provide quick and reliable 

engine starting to ~20' F and below. 

Other benefits of a preheated engine are: minimize wann up time, minimize white 

smoke on diesel engine start up, reduce engine condensation, prolong battery life and 

provide instant vaporizer operation on LP Liquid.fueled engines. 

All heaters are factory installed, wired and tested. Type A heaters are wired for con· 

tinuous operation, Type B heaters are cut off during engine run. 

50 HZ. 'R' Code generators are shipped with 240V coolant heaters for operation on 

230V circuits. 

• 

Engine 

Coolant Heater Specifications 

Gas Diesel Type Watts Volts' Part No. Kim Part No. 

1.6 L 1.0 L A 500 120 84918 ELPS051 

3.0 L A 1000 120 84918A ELPSIOI 

2.4 L 

4.3 L 3.0 L 

5.7 L 4.0 L 

7.4 L 5.0 L 

A 1800 120 8491SC ELPSI81 

6.4 L 

7.5 L 

13.3 L 13.3 L B 2500 240 59687 BSP220/KSP 

"R" Voltage Code A 1000 240 84918B ELPSI02 

• "R • Voltage Code Generators are shipped with 240 Volt heaters 

I 

•

215 

• 

MINUTE BOOK 



I 

• 

Electronic Governors 

• Available for Gas and Diesel Sets 

• Factory installed and adjusted 

REGULATION 

• No load to full load 0.5% 

I 

• 5t...dy state regulation•••••• 0.25% 

Electronic Governors are manufactured 

by Barber Coleman. 

• 

4.3L-5.7L 

I 

Generac l;leetronic Governor Component Chart 

EnPne Dnnring Actuator Mpu Relay Comment 

1.6L Gas* 86192 67642 80915 82130A 81767 1800.bd 3600 RPM 

3.0L Gas- 63617 61642 80915 82130C 81761 EJeetro4Iie ee.ver- mlldanl 

7AL Gas 

S2844 GnU 67707 67712 81767 1800 RPM and Gearbox 

13..3L Gas 84748 84752 85129 67112 86744 ~e-n-~ 

2.4LDieseI 52844 59162 59161 69771 !52844 

3.OL Diesel 52844 snos 67705 617J.2 52844 

4.OL Diesel 67713 67710 6"1706 67712 86744 

S.OL Diesel 90092 90668 90091 82130G 86744 

7..!5L Diesel 90094 90093 90091 82130C 86144 

6A-13.3L 67713 67710 67108 67712 86744 Sbndard .... SO 273 KW 

• Electronic Governors manufactured by Generac 

Actuator 

• 

Controller 

Shielded Cable 

Control 

Relay 

r - - - - t 

TOll run ll circuit of engine 

control board. 

r-0~141219 ) 

---- Red : I~ 151220 ) To Ilattory 

~~~::::(1 

Wiring Dlagr..m 

(MPu) 

Mag PIck Up 

Flywheel

216 

MINUTE BOOK 



• 

I 

Engine 

4 battery sizes 

800 346 3760 National Hot line 

Warranted by Exlde Corp. 

Lead Calcium type 

• 

Dry batteries available· 

Battery Selection Guide 

Diesel Cas Volts Group Qty. Part No. Note 

l.OL 1.6L 12 26 1 77483 No up-size available 

3.0L 12 27F 1 58685 Batteries can be up-sized to 4D or 

2.4L 4.3L 12 27F 1 58665 SO but must be located In a battery 

tray outside of skid. 

S.7L 12 21F' 1 58665 ( For Indoor Installation only I 

7.4L 12 27F 1 58665 

3.0L 

· 

12 26 2 17483 No up-size available 

S.OL 

Batteries can be up-sizelt to 8D 

7.SL 12 4D 1 61915 but must be located in a 

· battery tray outside of skid. 

4.0L 

6.4L 

· 

24 27F 2 586G5 ( For Indoor installation only I 

13.3L 13.3L 24 4D 2 61915 (4D) OR 61104 (SO) 

• Add an 'A' to the Jl*rt number for dry battery. 

• 

I 

• 

IiI~ B 

II 

4D 

80 

+~I 

ol[[] 

26 

27F 

0 

+ 26 

27F + 

Battery Specifications ( 6 Cells) 

Group Dimensions Cold Cran~ng Amp 

Number Amps.@o F 

A B C 

Hr. 

40 83/4 203/4 B 7/8 750 135 

80 111/8 203/4 S 7/8 1150 225 

26 G 3/4 83/113 73/4 530 75 

27F 63/4 121/2 9 GOO ::10 

C8112/97 

I 

•

217 

• 

MINUTE BOOK 



I 

'l.1I:Nt:tiA\,; 

POWER SYSTEMS 

CRITICAL GRADE 

MUFFLER 

~---------- 

• 

'~TYP 

=-----------1 

1-- 3lI.5a' ____ 

927.1 

7.51:1' 

• 11'1CUl B.G.. TYP 

I 

-J.--l--+-1 . -......... .. 

AL...l...- ~__------ ~ 

4.1:r 

..... 104.8 

OD• 

.....~ 

• ~ 8 HOLES EQUAllY SPACED, TYP 

• 

4.41" 

mo 

15.exT' 

38tO 

0.0. 

~ 

"-13" 

104.8 

.~ 

I 

Inch 

hIIlmeter 

~ 

SECTION A -A 

: I_~TYP NOTES: 

1) AI'I'ROX. ~ • eo .... 

9.40" 2J NsfRnON LOSS • 20-25 db.... 

238.8 31 MATfl'IlAl.:~ Srea. EXCEPT AS NOTED. 

4) FNSH: ......TElW. BLACK PAINT. 

S) BOOY SEAM AWJ ~ JOfiTS MAY 

Be AT RANJOM ANGUl.AR ROTATION. 

III REMOVE AU. BlJIRS AN) SHARP EDGE$. 

71 I:lENTFICAT1OH: 

A) IETAL STAMP DATE OF FA8RJCAnON ON st£1.L 

81 t!l/80SS OR STAMP ''N:CT'' ON MJFFlER 

stElL HEAIl N..ET EMl. 

• 

WJR-01I97 

PART NUM3ER 

/f:o.r>'-_

• 

218 

MINUTE BOOK 



• 

I 

• 

I 

• 

I

219 

• 

MINUTE BOOK 



I 

• 

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1U/AIUY 

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'220 

MINUTE BOOK 



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. 

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Bli - e....l'1ERY H(AI£P 

BHI - BA1T[RY r;(A1ER THERMOSTAT 

(( - CunTR0l CO~JlAC'rOR 

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222 

MINUTE BOOK 



• 

I 

R=_'+_V_~_P,-II_I"'_U_V~t._U_"'_L_L_'_.J~_'U_"_'_'U_U_"_U_O_U_L_'-lI--_-+ ---4 ~ 

!----------tl------+-----+--'---- 

• 

A 

87/91 

AIH 

El6 I'nR( USI.:O ON ·c 

Ql"T'ON PANELS ONLY 

(15 W1R( US(D ON " $: B 

QPT/ON p,ll ....E:.S ONl y 

I 

TO 

CONTROL 

PANEL 

TERMINAL 

STRiP 

• 

TO f- 13A 

AMMETER l--13 

AIH - A,R ilJTAKE HEATER 

9 ~ 8AT1E~Y 12-V 

Be - BATTERY CHARGER 

8H - SATTE?'" I-iUTER iHER,VOSTAT 

BHT- BATTERY HEAiER THERMOSTAT 

CC - CONTi'l~X COHTACTOR 

DCA- DC ALTERNATOR 

I EH - ENGINE '"EA'ER 

I ALSO SEE IORAW1NG TITLE 

I~S_P~EC_~__---i WI R1~J G 

ALE 

I AL~~'M;~~'.:,1 SWT- ;E~IDER WAT~R TE~~ 

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SOP- SEI'IOER ell PRESS'.:

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So 11 18. ' L I illrFbA 

64 128 50J 95 94 5ft=:JI:I;,r PCB? _.~_2~:.;~~g 

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51 _'0 -.1. 0 I % 96 - . ~ 96 

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---229 :"A oj : 

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;: :~~'1,-- __ . ".J3-J 1~'!'II:o;;'" n;:- 0 O~t< ~ ~B ~~~~~ 

515~~- 5'S--A./' ~:\(I ~Si "?il liSA • 13 J 0 :. AR : 

516>6---- 5 '6 \§J 2j"'1 {J"l1::N P/-1R _ I-UGEND 

J ~ i t5A ~~ 150 150 ~~ : tL-f~:~~U~ 

:: ~ 6 ~ ) ..----J~L:_Jlj. ~ ,~ BC,/l;- BATTERY CKAAGE .... ",.~U£R 

I)-~- 1 I;!II) C~)(,i)l(91(11 7 B(~)lJ.I·l'O CB1- CIRCUIT BR[AAER. flUO BOOST 

~ ;~__ 1 2 1- 5 J2 IJ,}r - 14 g; -o~~E8g~~'212,1, 

01 

6 :} I 0 ,..........--.e4 l~ l Jl 

I 2 1 L' ---.L.! 

l ' l .~oS - ~-61 n n,'S( 1'5 .I,lPE"RE" 

I L~~ ;~ / PCG 1 GI - C~tJ{j,[ iliA TEA If,,,,,pmA1lJR[ 

4 LlEJI-+'""" 2 ".iR 'I' 

1,.., 

~~:. ~~~£~~tR£SSUR[ 

r '-..... Z 

1 0 -1'1"T'15~-- ;::". rl 

- 4 - -4 I of 01 -,,-' 68 L2 - UGHT O\l£FlSPEED 

:: ~~'f~~~\t~~~ lO'iS 

rr ,- 'II ltil- -.:r) Ui - UWT.N01IN ,ol,uTOI.lA.lIC STAtU ~OO[ 

'L COl l7 - tlGl-lT P,ol,NEl 

-~- __ ~ 14 -- - t H ------ 0 ~~~~-6~~~~;~6;~~\~GIUECONTR01.. 

tl 

01 l...-______ ..- I . 69 0 U - lIQ-1T O\IERCRANH 

29

85057 

~-~--- 

Fi r ,t 

2 16 

~R~.=lF.:..;,~:~~~

"_. • _,. +,__ " ;'l1:~( 

• - • - • - • 

~____ u_" 

181 cc__j ~~I~ 

tm!n~-"o~! ~ 

o 0 0 7'j 1)14 '\.(l~'~""~ ,1;;:1 ~ 

I I L__ 

111111111 I II I I H r-g:- 

Q~ 

~'J1--+-~- 

005 -:::1=~:--t-ft!H---.J 

18J 

- 50 ~ 

i.:::"~a5-- 

====0hr~---=§t~---.-1Y0 

r------;J·AWJAi.:J~O/OFF r:2f~ :nEl 

Q S~lCH l:~J~~I..J 

I.:.-r 'In1( ~ 

"'d 

'-" --~~t.~:j 

COHRAIOR CONTlWL PANEl 

" 

0-------1 

+--'5 

~SQ 

$HHTI OF":Z 

"-fYjTrRCOl~f'.I(CTlON OIA. G-AD_~"··"'·g::.::f. 

.. --- --- _·_·~""----'-----:-r-=J==r----~·"k'" . ':""'''8'''51[.' ~~ 

T------:::l-f----- - - - -==---==-::: ----. ··FF -I- ~ ~..---- DT '1~:f.C 

~OJ.-- 

>4 

'00 '06 

.- 5;:" -f-P'·~I 

.. 

" "., 

9B 

'" 

500 

I 

t-tl-LO BATllRy ,tLAFm 

I 

ct-:~ 

'~5 

I 

" 

" 

14 

I 

502- 

I l-- ._- - ----.---- .... ilru:;"'''IJO _., .... 

.., L__ :2 I -,---- - -" ~ 6"'!"': :". 7 CJ,I'I ;!_n_n .. --.87625 T" tn tn 

- 

tn 

tn 

'tJ 

'tJ 

IJ;. 

(NCINr. 

PR[lI.l"'~M 

lOW COQ.A~l 

I(IA'. ';'1'1"0{ 

I. J-POl[. 1-PtU.S( &> A-Po..r. ]-Pi.u,S[ TR"'NSf£R s ....ncHEs 

CH/(R,I..lL'r' 1'101 (t)IJ1PPED 'Mlri HEU1RAl 9l0

226 

MINUTE BOOK 

BOARD OF SUPERVISORS, HARRISON COUNTYI MISSISSIPPI • 


5. The Board does hereby find that the bid of Cummins Mid-South, 

L.L.C., in the amount of FOURTEEN THOUSAND FIVE HUNDRED NII\lE AND 00/100 

DOLLARS ($14,509.00) is the lowest bid meeting specifications and, therefore, 

I 

the best received for the Bid #003, one

MINUTE BOOK 



227 

I 



Supervisor IVIARLIN R. LADNER voted 


Supervisor CONNIE M. ROCKeD voted 

AYE 

AYE 

AYE 

AYE 

AYE 




• 


* * * 

I 

• 

I 

•

• 

228 

MINUTE BOOK 




ORDER ACKNOWLEDGING RECEIPT OF BID FROM AMERICAN 

WARRIOR, INC. FOR BID #004, ONE (1) 150 KW GENERATOR 

FOR THE BILOXI HEALTH DEPARTMENT, RECEIVED IN THE 

PURCHASING DEPARTMENT ON JANUARY 26, 2000 AFTER 

THE OFFICIAL BID OPENING ON JANUARY 20, 2000, AND 

AUTHORIZING THE RETURN OF THE BID UNOPENED 

• 

I 


MISSISSIPPI, that the Board does HEREBY ACKI\lOWLEDGE receipt of bid from 

American Warrior, Inc. for Bid #004, One (1) 150 KW Generator for the Biloxi 

Health Department, received in the purchasing Department on January 26, 

2000 after the official bid opening on January 20,2000; and the Board does 

HEREBY AUTHORIZE the return of the bid unopened. 

• 





AYE 

I 


Supervisor MARLlI\! R. LADI\IER voted 

AYE 

AYE 

Supervisor WILLIAM W. MARTII\I voted 

AYE 


AYE 


• 




* * * 

I

229 

• 

MINUTE BOOK 



I 


ORDER ACCEPTING THE QUOTE OF C.C. LYNCH AND 

ASSOCIATES, INC., SOLE SOURCE, IN THE AMOUNT OF 

$1,600.00 PLUS MATERIALS, TO MOVE THE TIDE GAUGE AT 

THE CULFPORT SMALL CRAFT HARBOR, AND APPROVING 

BUDCET AMENDMENT 


MISSISSIPPI, that the Board does HEREBY ACCEPT the quote of C.C. Lynch and 

Associates, Inc., sale source, in the amount of $1,600.00 plus materials, to 

• move the tide gauge at the GUlfport Small Craft Harbor, the cost of material 

not to exceed $350.00. The quotation received is as follows: 

I 

r""J 

C.C. LYNCH & ASSOCIATES, INC. 

("V 

Environmental Technology 

CENTRAL OFFICE: P.O. Box 456 2 t2 E. 2nd St. Pass Christian. MS 39571 

1-800-333-2252 

24 Hour Helpline 

TELEFAX: (228) 452-2563 

Mrs. Linda Rous~ 

Harrison County Civil Defense 

P.O. Box 68 


• 

D"ar Mrs. Rouse: 

f"bruary 2, 2000 

Please note that we are not aware ofany other local contractor who migh.t relocate the station at 

Gulfport h.arbor. 

In addition to the physical relocation ofthe site, this requires software experience with the county's 

Intercept program, familiarity with the Coastal Zeno 3200 Data logger, specific to the county 

Configuration. and radio telemetry. 

Ifyou hav" any questions, please: do not hesitate to call us. 

c.c. LYNCH & ASSOCIATES, INC. 

Trey Campbell 

•

• 

230 

MINUTE BOOK 



• 

"111: Troy Campbell C.C. Lyndl 8. Assoc., Inc. (F.a.xRuslTo: Lind .. Rous..e Hamsol1 County Ovil Defense 

I 

I 

I 

I 

,..:."J 

G'..J 

c.c. LYNCH & ASSOCIATES] INC. 

Environmental Technology 

CENTRALOFFICF.: P.O. Box 456 2l2E.2ndSl. 

Pass Christian, MS 39571 

11271003:32;31 PM page 1 of 1 

1-800-333-2252 

24 Hour Helpline 

TELEFAX; (228) 452-2563 

I 

H;lrrison COWlty Civil Defense 

P.O. 80:-.:68 

Qui fport !vIS 39502 


Phone: (228)865-4002 

Fax: 1-228-865-4087 

WE ARE PLEASED TO FURNISH THESE PRICES FOR YOUR CONSIDER~TION. 

• 

PROPOSAL 

I R e1ocation 0 fGulftport Site 

1 ea. Fi"ld S"rvice to th" Flood Al"rt Sit" at Gulfport Small Craft $ 1,600.00 

Harbor; including: 

plus 

1) Remove all equipment from pok to move to new location, materials 

2) Ship Datalogger to Coastal EnviroIUtlental (manufacturer) for 

estimate ofrepair for communication failure, 

3) Remove pole and brackets from existing location 

4) Reset pok and secure at new locatioll 

5) Re-install equipmen1; adjust antenna & calibrate level, wind 

direction 

(2 days Cal 800/day) 

1 ea. Material Costs not to e::cceed $ 3::>0.00 

Ta:res: Not included in this orooosal 

Terms; Net 30 

DeliYery: 1-2 Weeks ARO 

WE APPRECLll" TE THIS OPPORTUNITY TO QUOTE ON YOUR ENVIRONMENTA L 

EQUIPMENT NEEDS. IF WE iVL'-\ Y BE OF ADDITIONAL ASSISTANCE, PLEASE CALL US AT 

1-800-333-2252. 

I 

• 

c.c. LYNCH & ASSOCIATES, INC. 

.~ t74L

MINUTE BOOK 



231 

I 

IT IS FURTHER ORDERED that the Board does HEREBY APPROVE budget 

amendment for this item. 




Supervisor BOBBY ELEUTERIU$ voted 



• 


supervisor CONNIE M. ROCKeD voted 

AYE 

AYE 

AYE 

AYE 

AYE 



I 



* * 

• 

I 

•

232 

MINUTE BOOK 



supervisor CONNIE M. ROCKCO moved adoption of the following: 

ORDER AUTHORIZING BOARD PRESIDENT TO EXECUTE 

REQUEST FOR CASH NO. 13 FOR THE COBG PROJECT 

#6-054-PF-01 HARRISON COUNTY/SAUCIER UTILITIES WATER 

SYSTEMS IMPROVEMENTS FOR THE AMOUNT OF $60,754.90, 

AND APPROVING PAYMENTS TO SMPDD FOR $2,514.40 AND 

TO BOWIE RIVER CONSTRUCTION FOR $58,240.50, UPON 

RECEIPT OF FUNDS 

• 

I 


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

execute Request For Cash No. 13 for the CDBG project #6-054-PF-01 Harrison 

county/saucier utilities water Systems Improvements for the amount of 

$60,754.90, said request being in the following form, words and figures: 

• 

I 

• 

I 

•

233 

• 

MINUTE BOOK 



I 

M ~OLITHt-:R;.i \IISSISSIPPI PL\:-;:-':ISG .-\'D DE\"ELOP\l(;.:\T DISTRICT' ~OI5,\ l~th STREET' GULFPORT. MISSISSIPPI }l)501·~Oll • (l~Xl ~M·DJ I • FAX C!Zllll\:flK-7C)1)-1 

• 




Post Office Drawer CC 

Gulfport, Mississippi 39502 

A1TN: 

Pam Ulrich 

I 

I 

RE: 

Harrison County/Saucier Utilities Water Systems Improvements 

CDBG Project #6-054-PF-Ol 

Dear Mr. Eleuterius: 

Enclosed please find the Request for Cash for the above referenced project. After you have 

signed the Request for Cash, please forward to: 

I 

.: 

iI 

. 

I· 

; 

Fannie Hardy 

Area Representative 

Community Services Division 

MDECD 

301 West Pearl 

Jackson, Mississippi 39203 

Ifyou should have any questions, please call do not hesitate to calL 

Sincerely, 

#d~~ 

Mike Tumer 

Planning Director 

Enclosure 

www.slllpdd.cOlll 

•

S-acUon A: Gen8r.llln(orm"Uon S8c!1:an B: Pro IIctlnformaUon 

COfIIriKto(l Nilm. r,lr,dJ{o1S EJt

-- - 

,MissIssIppiO'I.nt of Ec.ol'lomlc: and Communlt)'_nt 

Reques\ for Cash Summary Support Sheet 

--- --- 

COrlL,aCIOI's Name Hnris:n Cb4 Tl:ard of 9..{:erviSJ[S Requesl N{). 1~ Gfaol No. l~ Contut1 No 

• Pagelol2 

6-054-PF-Ol 

- • 

'i~,;;'~~~::;.~,~J!,~~~n~~~7'-.'_h'" . .'" 1•• ".., 

1. At:li'lIij)' _ 

A 

D 

2 Aclillil)' 

Une Item 

Administration 

8 Water lines! 

C construction 

------- --- 

I.) 

Invo[ce Amount 

2,514.40 

79,780.50 

82,294.90 

(b) 

Malch Shale 

21,540.00 

21,540.00 

• ~ Jo.' ..... ~ ... ;. 

i!1 

~ 

.~ ..~'...._,;_'~~...... ~~~.~.. ..:.·.J.,~..·"-,.·........_~~.l;Aoj'W;+i·~~~t1~~-.l.·~~,~~~tc;;;-..~..I·~~,t_ ...........~:w,(III...'~ .....J...............,.l.1I. 

..:~ line "em 

~A _ 

~B__ 

~c _ 

'D 

'J J_ ActIVit)' 

~A 

~B_ 

'j 

~c 

~D 

.; 

.' ,"., 

~,.-, ... 

SMPDD 

Vendor Name 

VendOf Name 

".•.J.~Y(}.iC~...P~~~~.d~·:~~~:~~~~Il"'-L"-' . ,••" _.... _ . Ji . 

Invoice I 

33EIJ, 3415 

3'\22 

Bowie River Construction 6 

SubtOlii,(: 

Invoice , 

(a) 

In....olce Arnounl 

(b) 

Male.tl Sh.are 

< ••: •.\. .... 

(e) 

federal St1.are 

2,514.40 

158,240.50 

160,754.90 

(ol 

Feoer,,\ ShiH~ 

Subtotiilll: S . .$ S ~ 

.". ,..• """~""."'." -'. ".,.' ...., ". ,."",,,~.,,,, ," .,·"."··... ,·,~","c,. ·.·,~.""'or"~ ••,'.~.",··~·,..,"··....,,·,;....'_._Y

~~~-... 

rf'·'·'-· 

~B. 

~:--- 

~ 

., ' .~'., 

~,"" . 

,..;-.. 

M6. Aclivi'y: 

~ line "em 

•••• -.,:;.;..·.~·_......:l.··.I..... ' ,;,,_~.:i.·...:.·,·.'...• : • • ;-:".·.t.c.··3~.:, J~"'-,'.;"'•. 

Conls..... s Name 

I~- 

M Whi. 

Cumulati....e Malch Expended TD Dale; 

Hnrls::n Cb. B:enl of~ 

h4. Ael"i1~: _ 

~ line Ilem 

I; 

~ 

I 

;::;:;'L~ 

~line ttem 

A 

VendOI Name 

Veooor Name 

Reque" NO.~ 

InvoIce' 

Subt.,.I: 

Invoke , 

SubtQt.il~ 

In",oice. 

Sublolat: 

...c r.";l"'~ ~:-~'~ .. ~: ..••. -....: 

GRAND TOTAL: 

1113 

G:ant No.. 

.••.. :.•. · ... ~::;;".';·..,Ccl:h: ..•••...::..·;· 

(a) 

Invok.e Amount 

la) 

lr\Volce AmounL 

(al 

Jnvoice Amounl 

Conl,acl No. 

(b) 

MillcIlShare 

•. _~

• 

MINUTE BOOK 



, 237 

I 

IT IS FURTHER ORDERED that the Board does HEREBY APPROVE payments 

to SMPDD for 52,514.40 and to Bowie River construction for $58,240.50, upon 

receipt of funds. 


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



AYE 


AYE 

• 

Supervisor MARLIN R. LADNER voted AYE 


AYE 


AYE 


I 




• 

* * 

The Sheriff reported on the following: 

a) The department will start a litter control program in association with 

Mississippi Department of Transportation. 

b) 1,019 persons are currently housed in the Harrison County Jail 

facilities. 

I 

C) The need to discuss contract for partnership for Healthy Mississippi. 

* * 

•

• 

238 

MINUTE BOOK 



Supervisor WILLIAM W. MAR1'IN moved adoption of the following: 

ORDER ACKNOWLEDClNG RECEIPT CHECKS, AS LISTED 


• 

I 

MISSISSIPPI, that the Board does HEREBY ACKNOWLEDGE receipt of the 

following checks: 

(1) $203,653:10 from the City of Gulfport for victualization in the 

months of May and June 1999. 

July 1999. 

(2) $41,096.95 from the City of BiloXi, for victualization in the month of 

(3) $34,800.00 from the Harrison county Development Commission for 

• 

reimbursement of services prOVided by Deputy George DOWling. 

SuperVisor LARRY BENEFIELD seconded the motion to adopt the above 

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



AYE 

I 





AYE 

AYE 

AYE 

AYE 

• 





* * * 

I

23~ 

MINUTE BOOK 



I 


ORDER AUTHORIZING PURCHASE OF TWO CREW CAB TRUCKS, 

COST $20,753.00 EACH W/OPTIONS, FROM STATE CONTRACT 

NUMBER 070-923593-0, FOR USE BY THE SHERIFF'S 

DEPARTMENT FOR LITTER CONTROL ON STATE HIGHWAYS 


MISSISSIPPI, that the Board does HEREBY AUTHORIZE purchase of two crew cab 

trucks, cost $20,753.00 each w/options, from State Contract number 

070-923593-0, for use by the Sheriff's Department for litter control on state 

highways, said purchase to be reimbursed by MOOT through payment of 

• mileage. 

supervisor MARLIN R. LADNER seconded the motion to adopt the 


I 





AYE 

AYE 

AYE 


AYE 

• 


AYE 





I 

• 

* * *

240 

MINUTE BOOK 




ORDER AUTHORIZING PURCHASE OF ONE IMPORTED GERMAN 

SHEPHERD IP03 TITLED CANINE WITH POLICE SERVICE DOG 

PATROL TRAINING, FROM US Kg UNLIMITED, INC., FOR 

$7,500.00 


• 

I 

MISSISSIPPI, that the Board does HEREBY AUTHORIZE purchase of one 

imported German Shepherd IP03 titled canine with Police Service Dog Patrol 

Training, from US K9 unlimited, Inc., for $7,500.00 and payable from account 

050-215. 



• 







AYE 

AYE 

AYE 

AYE 

AYE 

I 




• 


* * * 

I 

•

241 

MINUTE BOOK 

• BOARD OF SUPERVISORS, HARRISON COUNTY I MISSISSIPPI 


I 


ORDER AUTHORIZING EMPLOYMENT OF ALBERT NECAISE TO 

REPRESENT FORMER SHERIFF JOE PRICE, AND CY FANECA TO 

REPRESENT SHERIFF GEORGE PAYNE AND THE HARRISON 

COUNTY SHERIFF'S DEPARTMENT, IN THE MATTER OF JOHNNY 

B. HENDERSON V. BILL HAYDEN, ET AL., CASE NUMBER 

1:99CV578GR 

ORDERED BYTHE HOARD OF SUPERVISORS OF HARRISON COUNTY, 

MISSISSIPPI, that the Board does HEREBY AUTHORIZE emplOyment of Albert 

Necaise to represent former Sheriff Joe price, and Cy Faneca to represent 

• 

Sheriff George Payne and the Harrison county Sheriff's Department, in the 

matter of JOhnny B. Henderson v. Bill Hayden, et aI., case number 

1:99cv578GR, the Incident in question occurring on October 19,1999. 

Supervisor MARI.IN R. LADNER seconded the motion to adopt the 

I 




AYE 


Supervisor MARUI\I R. LADI\IER voted 

AYE 

AYE 

• 

Supervisor WILLIAM W. MARTIIIJ voted 

superVisor CONNIE M. ROCKCO voted 

AYE 

AYE 





I 

* 

•

242 

MINUTE BOOK 




ORDER APPROVING PAYMENT OF CLAIMS, AS LISTED 

ORDERED BY THE BOARD OF SUPERVISORS OF HARRISOI\J COUNTY, 

• 

I 

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

claims: 

1) $1,000.00 to poulos, Hebert &Associates for updated appraisais of 

land on east & west sides of Old popps Ferry Road. 

2) $5,428.36 December 1999 billing (2nd billing); $4,667.62 January 2000 

billing to John Woodfield for collection of delinquent taxes. 

3) $788.05 to V. Denise Lee, Esq. for guardian ad Litem fee, Cause 

• 

#99-214, Chancery Court of Harrison Co., as recommended by Joseph 

Meadows, Board attorney. 

4) $6,766.71 to Meadows Riley law firm, general County business for 

month of January 2000. 

5) $4,464.92 to A. Garner Russell & ASSOCiates, right-of-way surveys & 

I 

acquisition documents for 16th Section Road. 

* * * * * * * *T 0 R T C L A 1M S* * * * * * * * 

6) $11,155.58 to Meadows Riley law firm for the following: 

Brandon Blendon, $100.00 Chasity Broome, $211.55 • 

Sandra Carter, $319.43 Frederick Chaffin, $150.00 

Deanna Dartez, $226.83 Brittany Dobbs, $421.36 

Barry Henderson, $540.76 Geneva Lawrence, $1,450.29 

Ernest Loving for Lionel, $250.00 Deborah Mitchell, $6,160.67 

l\Iathan Mitchell, $353.00 GlOria Moody, $25.00 

Roderick, $159.86 Mark saliSbury, $335.54 

Curtis Savage/State Farm, $100.00 Joseph Stack, $351.29 

7) $353.28 to Butler Snow law firm for payment of the following: 

Mitchell v. Gragg, $299.28 

Lyle and Hampton v. price, et al., $54.00. 

I 

•

MINUTE BOOK 



243 

I 








AYE 

AYE 

AYE 

AYE 


AYE 

• 





I 

* * 

• 

I 

•

• 

244 

MINUTE BOOK 




ORDER HOLDING OVER PAYMENT TO JOHN WOODFIELD IN THE 

AMOUNT OF $50,645.25 FOR COLLECTION OF DELINQUENT 

TAXES FOR THE CARLO CORP. UNTIL 'rHE BOARD ATTORNEY 

OBTAINS AN ATTORNEY GENERAL'S OPINION APPROVING SAID 

PAYMENT 


• 

I 

MISSISSIPPI, that the Board does HEREBY HOLD OVER payment to John 

woodfield in the amount of $50,645.25 for collection of delinquent taxes for 

the Carlo Corp. until the Board Attorney obtains an Attorney General's 

opinion approving said payment. 


• 







AYE 

AYE 

AYE 

AYE 

I 


AYE 



• 



* * * 

I

MINUTE BOOK 



245 

I 

SuperVisor WILLIAM W. MARTIN moved adoption of the fOllowing; 

ORDER APPROVINC REDEMPTION FOR ERRONEOUS TAX SALES, 

AS LISTED 


MISSISSIPPI, that the Board does HEREBY APPROVE redemption of the 

following erroneous tax sales: 

FIRST JUDICIAL DISTRICT 

1) 550.49 for parcel #070E-03-022.000 (exempt church property), 

• 

homestead exemption on 6,000 of assessment), 

2) $4052.57 for parcel #OS101-01-019.000{H.E. deleted in erron, 

3) $359.34 for parcel #050SK-01-002.000 (should have received 100% 

4) 5466.50 for parcel #OSOSH-02-015.000 (100% disability H.E.l, 

I 

5) $293.11 for parcel #0910N-05-045.000 (100% disability H.EJ, 

6) $2559.32 for parcel #1 009M-03-01 0.007 (reduction in assessment; 

SECOND JUDICIAL DISTRICT 

7) $434.71 for parcel #1110E-01-059.001 (government property), 

S) $62.94 for parcel #1209H-01-004.000 (government property), 

• 

9) $28.53 for parcel #1209G-01-003.000 (government property), 

10> $1569.65 for parcel #1308P-01-001.000 (government property), 

11) $1803.18 for parcel #1308P-01.003.000 (government property), 

12) $304.78 for parcel #1308P-01-006.000 (government property), 

13) $1800.08 for parcel #1310H-04-029.001 (government property), 

14> $1511.90 for parcel #1310H-04-029.001 (government property), 

15) $366.30 for parcel #1110E-01-059.001 (government property). 

I 




• 




AYE 

AYE 

AYE

• 

246 

MINUTE BOOK 





AYE 

AYE 


• 

I 




* 

• 

I 

• 

I

• 

MINUTE BOOK 



I 


ORDER APPROVINC $1,257.06 REFUND TO CARMEN P. 

LINDSAY FOR TAXES PAID IN ERROR 


MISSISSIPPI, that the Board does HEREBY APPROVE $1,257.06 refund to Carmen 

P. Lindsay for taxes paid in error (Should have been 100% H.EJ. 



• 

vote with the fallowing results: 




AYE 

AYE 

AYE 

I 


AYE 


AYE 




• 


* * * 

I 

•

248 

MINUTE BOOK 



supervisor CONNIE M. ROCKCO moved adoption of the following; 

ORDER AUTHORI21NC ISSUANCE OF DUPLICATE WARRANT FOR 

$200 TO WALKER AUDIO VISUAL CENTER 


• 

I 

MISSISSIPPI, that the Board does HEREBY AUTHORIZE issuance of duplicate 

warrant for 5200 to Walker Audio Visual Center, in accordance with the 

follOwing certificate and affidavit: 

• 

I 

• 

I 

•

249 

• 

MINUTE BOOK 

BOARD OF SUPERVISORS, HARRISON COUNTY, MI, 


I 

CERTIFICATE AND AFFIDAVIT FOil ISSUANCE OF DUPL.lCATE WARttANT 

THE STATE OF MISSISSIPPI, } 

HARRISON COUNTY 

I. John MeAdnl1lS. Clerk oflhe Challeer)" Court alld Ex-omdo Clerk of lite Boord ofSupcrvison; and C......, 

'lt1~0'n~ ':;'~lg~saidCoullly alld State. do hereby eeni(v lhal 69688 f' _. ' 

j;'it.~;~~~~~~1~~1;}~i1~'::;~~:::::::~~~:::::~~i:.~~~~.~~~~~:::::::i~:'::::":::~~~~~~~'~'~~.~':~.~~.~.:.: 

out ofsaid Fund. as shown b,· tin order oC alJon"ance of said Board jn Minute Book No :.. ·········..······ al p.1ge 

Given under my"hand and official sc.,l, tl\is the " .. d;;y or 19 . 

THE STATE OF } 

COUNTY Of 

-John McAd.'\l11s. Chance,,' Clerk and E.x-omcio 

Clerk or lhe 'Bomd of SuPervisors ~H\d Auditor in 

Jmd for Harrison Counly . Mississippi 

walkeJli~~3f'o~f~'~ln~:i:fe:rbcforcme_ 

• 

the U~i¥~~ICtl atJthoril}' ill and for said COUI1I~' and Sl.lle 

.....................................................................,....• (he ..•....,•............•_ 

" .•...., or the 

............................................... who. being by Inc (irs' dUly S\VOrlt, depOSes and s.'ys 11l.l'1( ,JtLC•.Dep..osi.t.oq 

Warrant No ~9&8ll ,.. payable 10 'IIal.l".,r..Audio..lT.1suaLCenter ill Ihe ,um of 

L .. :WO.OO 

by the County Depa.HolY or s.1id COUllly alld Siale. for 

..··reD'ta:1. :f:tems · , hns been losL misplm;cd or destroyed: thlll 

parment thereof has not been IIlt.)dc or received: and that lhc S:lIllt has not bc

• 

250 

MINUTE BOOK 

BOARD OF SUPERVISORS, HARRISON COUNTYt MISSISSIPPI • 






AYE 

I 


Supervisor MIl.RUN R. LADNER voted 


AYE 

AYE 

AYE 


AYE 



• 



* * * 

I 

• 

I

• 

MINUTE BOOK 



I 


ORDER APPROVING CLAIMS DOCKET, AS PER STATUTE 


MISSISSIPPI, that the Board does HEREBY APPROVE the claims docket, per 

statute, same being as follows: 

FUND DESCRIPTION BEGINNING ENDING 

CLAIM 

CLAIM 

001 GENERAL COUNTY FUND 3335 3727 

004 SHERIFF'S FORFEITURE FUND 19 21 

• 

025 STATE TOBACCO GRANT 25 26 

050 SHERIFF'S FEDERAL FORFEITURE 22 22 

051 R SV P FEDERAL 17 18 

053 VISTA FEDERAL PROGRAM FUND 21 27 

251 

I 

055 CACJP CHILD ADULT CARE FOOD PROG. 2 2 

105 HARRISON COUNTY DEVELOPMENT 8 8 

112 GARBAGE FUND (OUTSIDE) 5 5 

113 G/C JR COL MAINTENANCE FUND 5 5 

114 G/C JR COL CAPITAL FUND 5 5 

121 HIC FIRE DISTRICTS 174 201 

• 

122 STATE PORT AT GULFPORT 8 8 

124 REG AIRPORT AUTHORITY FUND 8 8 

125 SPECIAL REAPPRAISAL FUND 35 40 

126 ESCROW FUND 131 144 

129 D'IBERVILLE EIS DISTRICT 5 5 

130 PIC HIP WATER &SEWER DIST 5 5 

150 ROAD FUND 927 1057 

I 

160 

156 ROAD PROTECTION FUND 167 184 

BRIDGE & CULVERT FUND 83 97 

210 GENERAL COUNTY B &I SKG FUND 20 20 

240 SCHOOL DIST. B & I SKG FUND 5 5 

• 

330 Ga PUBLIC IMP 96A $6.8 10 10 

340 6,000,000 SERIES 1996 BOND 7 7 

370 G 0 BONDS, SERIES 1998 92 97

252 

• 

MINUTE BOOK 



• 

400 SHERIFF'S CANTEEN FUND 102 111 

412 HIC WASTEWATER FUND 21 23 

620 EXCESS FUND 13 14 

622 911 EMER COMMUNICATIONS SYSTEM 17 19 

I 

624 WORKMEN'S COMP SELF INSURANCE 16 16 

651 JUDICIAL ASSESSMENTS CLEARING 27 27 

681 PAYROLL CLEARING FUND 137 155 


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


• 






AYE 

AYE 

AYE 

AYE 

AYE 

I 





• 

* * * 

I

• 

MINUTE BOOK 



253 

I 

supervisor CONNIE M. ROCKCO moved adoption of the following: 

ORDER AUTHORIZING PUBLICATION OF NOTICE OF INTENTION 

TO DIVERT OR WITHDRAW FOR BENEFICIAL USE THE PUBLIC 

WATERS OF THE STATE OF MISSISSIPPI, AS REQUIRED BY THE 

MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY 


MISSISSIPPI, that the Board does HEREBY AUTHORIZE publication of notice of 

intention to divert or withdraw for beneficial use the public waters of the 

State of MissisSippi, as required by the Mississippi Department of 

• 

Environmental Quality. 



with the fallowing results: 


AYE 

I 

supervisor LARRY BENEFIELD voted AYE 


AYE 



AYE 

AYE 

• 




THIS, the 7th day of Februarv 2000. 

* * 

I 

•

254 

MINUTE BOOK 



• 

I 

RESOLUTION 

AUTHORIZING PREPARATION AND SUBMITTAL 

OF AN APPLICATION FOR FUNDS FROM THE 

STATE OF MISSISSIPPI'S 

DEPARTMENT OF ECONOMiC AND CCMMUNITYDEVElOPMENT 

WHEREAS, the Mississippi Department of Economic and Community Development, Division of 

Community Development has Community Development Block Grant (COBG) funds available from its 

FY 2000 Program; and 

WHEREAS, regulations goveming the CDBG program allow the utilization of said funds for public 

• 

facilities improvements including but not limited to infrastructure such as water or wastewater 

improvements, drainage improvements, public buildings, road/street improvements, or other similar 

pUblic infrastructure improvements; and 

WHEREAS, the Harrison County Board of Supervisors desire to request CDSG Public Facilities 

funds from the State of Mississippi in order to improve the quality of life of the citizens; and 

I 

WHEREAS, the Harrison County Board of Supervisors deem it to be in the best interests of the 

citizens of the County to upgrade pUblic facilities by seeking COBG Public Facilities funds to serve its 

citizenry. 

NOW, THEREFORE, BE IT RESOLVED by the Harrison County Board of Supervisors that: 

1. Bobby Eleuterius, President of the Harrison County Board of Supervisors, is 

hereby authorized and directed to submit an application for COBG Public 

Facilities Funds, and along with said application, all understandings and 

assurances contained therein and to prOVide such additional information as 

may be required; and 

• 

2. Bobby Eleuterius, President of the Harrison County Board of Supervisors, is 

hereby authoriz.ed to publish a public hearing notice and to execute any and 

all documents necessary and pertinent to the application; end 

3. Bobby Eleuterius, President of the Harrison County Board of Supervisors, is hereby 

authorized to publish the necessary notices of pUblic hearings in 

accordance with the guidelines goveming the CDBG application 

process; and 

I 

•

25~j 

• MINUTE BOOK 



I 

4. Bobby Eleuterius, President of the Harrison County Board of 

Supervisors, is hereby authorized to .execute a grant offer and any 

other documents necessary to the acceptance and implementation of 

the program should the project be approved. 

The above and foregoing Resolution, after having bee.n first redu.ced t~ writing, w~s intro~uced by 

Supervisor Mart j n , secOnded by Supervisor Ladner, and was adopted by the 

.' 

following vote, to wit: 

• 

Bobby Eleuterius 

Larry Benefield 

Marlin R. Ladner 

Connie M. Roekeo 

William W. Martin 

I The President thereby declared the motion carried and the Resolution adopted on this the 

day of fektllvY 

J 

,2000. 

7 (4 

ADOPTED: 

• 

I 

•

256 

MINUTE BOOK 



HARRISON COUNTY, MISSISSIPPI 

REQUEST FOR PROPOSALS 

• 

I 

The Harrison County Board of Supervisors will accept sealed proposals from qualified firms for professional 

services required for application preparation and subsequent implementation oftheir 2000 Community 

Development Block Grant programs including public facilities and economic development. 

- . - . 

The County is seeking funding from the Commtmity Development Block Grant (CDBG) program. A Project 

Administrator, Project Engineer, and Project Attorney will be selected to oversee this project. 

The services required for this project are: 

ADMINISTRATIVE: Assist the County and its agents in the application preparation and subsequent 

program adm1nistration including management accounting, required reports to HUD and the State, 

implementation of applicable State and Federal laws, regulations, and requirements, establishment and 

maintenance offiling system; and serve as liaison between the County and the State. Firms or individuals 

proposing to perfor;m administrative services should submit a list oftheir qualifications, experience, and 

capacity for perfo~ance. 

ENGINEERING: Engineering design for construction ofthe proposed improvements including: all design 

surveys, preliminary design work, fmal design phase, preparation ofplans and specifications, and 

construction inspection. Firms or individuals should submit a list oftheir experience, qualifications, and 

capacity for performance. 

LEGAL: Consultation services as required for the implementation of the proposed improvements as 

outlined in the CDBG application in accordance with State and Federal laws and regulations. Legal services 

shall include but not be limited to consultation services, the evaluation of all contracts and land acquisition, 

etc. Offerors should submit a list of their experience, qualifications, capacity for performance along with an 

hourly rate charged for consultation services. Other services include examination ofproperty records related 

to any easements which might be required. 

Proposals for this project will be rated according to the following criteria: 

1. EXPERIENCE with similar Community Development Block Grant Projects; 

2. QUALIFICATIONS, knowledge, and technical expertise in this and similar projects; 

3. CAPACHY FOR PERFORMANCE to perform required services in a timely manner, given current 

workload and staff. 

• 

I 

• 

AU proposals will be rated 00 the following system to determine the best offeror: Description and maximum 

points: Qualifications - 40; Experience - 40; Capacity - 20; Total: 100 Points. 

Proposals are being requested in accordance with OMB Circular A-I02, Attachment 0, Paragraph 11C, 

"Competitive Negotiations". Contracts will be awarded to the qualified bidders whose proposal is 

determined to be most advantageous to the County, cost and other factors considered. The Board"of 

Supervisors reserve the right to reject any and all proposals and to waive any irregularities or informalities in 

the proposal process. 

Proposals should be sealed and properly labeled as 2000 COMMUNITY DEVELOPMENT BLOCK 

GRANT and may be delivered or mailed to: Chancery Clerk, 1801 23rd Avenue, P.O. Drawer CC, 

Gulfport, MS 39501, and received at the Chancery Clerk's office no later than 5:00 P.M., Wednesday, 

March 1,2000 after which time they will be opened by the Selection Committee. The Selection Committee 

will then review each proposal and select a qualified fIrm or individual. 

I 

•

257 

• MINUTE BOOK 

BOARD OF SUPERVISORS! HARRISON COUNTY! MISSISSIPPI 


I 

Publish One (1) Time Legal Section: 

Send Proof of Publication To: 

Friday, February 11.2000 

Chancery Oerk 


P. O. Drawer CC 


• 

I 

• 

I 

•

• 

258 

MINUTE BOOK 




ORDER AUTHORIZING DON WILLIAMS AND HARVEY EVANS TO 

ATTEND THE 2000 HURRICANE CONFERENCE IN NEW ORLEANS, 

LOUISIANA ON APRIL 17-21, 2000, AND AUTHORIZING 

REIMBURSEMENT OF NECESSARY EXPENSES 


• 

I 

MISSISSIPPI, that the Board does HEREBY AUTHORIZE Don Williams and Harvey 

Evans to attend the 2000 Hurricane Conference in New orleans, Louisiana on 

April 17-21, 2000; and the Board does HEREBY AUTHORIZE reimbursement of 

their necessary expenses. 



• 

vote With the following results: 





Supervisor CONNIE M. ROCKeo voted 

AYE 

AYE 

AYE 

AYE 

AYE 

I 




• 

THIS, the ?tIl day of February 2000. 

* * * 

I

259 

• 

MINUTE BOOK 



I 

supervisor CONNIE M. ROCKCO moved adoption of the fOllowing: 

ORDER APPROVING $112.25 PAYMENT TO JOE VIGUERIE FOR 

REPAIR TO HIS WINDSHIELD DUE TO AN ACCIDENT INVOLVING 

HARRISON COUNTY, AS RECOMMENDED BY THE SAFETY 

OFFICER; AND AUTHORIZING CANCELLATION OF CHECK 

NUMBER 530808 FOR $172.25, DRAWN ON THE TORT CLAIMS 

ACCOUNT AND ISSUED TO AFFORDABLE GLASS FOR SAID 

REPAIRS 


MISSISSIPPI, that the Board does HEREBY APPROVE $172.25 payment to Joe 

viguerie for repair to his windshield due to an accident involving Harrison 

• 

County, as recommended by the Safety Officer; and the Board does HEREBY 

AUTHORIZE cancellation of check number 530808 for $172.25, drawn on the 

Tort Claims Account and issued to Affordable Glass for said repairs. 


I 


vote with the follOwing results: 

Supervisor BOBBY ELEUTERlUS voted 

AYE 

• 




supervisor COI\INIE M. ROCKCO voted 

AYE 

AYE 

AYE 

AYE 


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



I 

* 

•

260 

MINUTE BOOK 



Supervisor MARLIN R. LADNER moved adoption of the fOllowing: 

ORDER AUTHORIZINC TRAVEL AND REIMBURSEMENT OF 

NECESSARY EXPENSES, AS LIS'fED 


• 

I 

MISSISSIPPI, that the Board does HEREBY AUTHORIZE travel and 

reimbursement of necessary expenses for the following: . 

1) Patricia Harvey, RSVP to attend National Senior Service Corps. 

Conference in Orlando, Florida, June 21·22, 2000. 

. 2) George Mixon, Fire Service Coordinator, to attend a seminar at the 

Mississippi State Fire Academy April 10-11, 2000, on "Executive Skills 

Series - Influencing." 

• 

3) Bruce Wilkerson, Woolmarket Fire Department, and Charlene 

Holliman, West Harrison Fire Department, to travel to the Mississippi State 

Fire ACademy April 3 through May 5, 2000, to attend the "Pilot" five week 

delivery course for Firefighter 1001-1002, at a cost of 5645.00 each. 


I 


vote With the following results: 






AYE 

AYE 

AYE 

AYE 

AYE 

• 





* * * 

I 

•

MINUTE BOOK 



261 

I 


ORDER APPROVING SOLE SOURCE PURCHASE OF COMPUTER 

SYSTEMS AND SOFTWARE FROM PROCAT, IN THE AMOUNT OF 

$13,580.20, FOR USE BY JUDGE GASTON HEWES, JR. AND HIS 

COURT REPORTER, AND AMENDMENT TO THE COUNTY 

COURT'S BUDCET 


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

computer systems and software from proCat, in the amount of $13,580.20/ 

for use by Judge Gaston Hewes, Jr. and his court reporter, in accordance with 

• 

the following: 

I 

• 

I 

•

262 

MINUTE BOOK 



• 

GASTON H. HEWES, JR. 

JUDGE OF COUNTY COURT 

HARRISON COUNTY 

POST OFFlCE BOX 913 


I 

DATE: 

TO: 

FROM: 

RE: 

January 21,2000 


Judge Gaston H. Hewes, JL 

Computer systems with software for County Court Judge and Reporter 

• 

This is to request the Board's approval for the County to purchase computer systems with 

software for County Court. During our tenure as Judge and Official Court Reporter, 

these systems will be used by myself and court reporter, Marla Elmer, in performing our 

day-to-day functions and duties related to our positions. 

Sue Shipman in Data Processing has been consulted and recommends the computers as 

outlined in the attached quotes. The attached quote from ProCat includes Court Reporter 

and Judge's software programs, plus the compatible steno machine or writer. Due to the 

fact that only ProCat makes the ProCat software and is the only source for this product, 

there is only one quote. In addition, my Court Reporter has selected ProCat due to the 

fact that that is the software currently in use by Judge Robin Midcalf and her Court 

Reporter, Judy Schultz, and believes it beneficial to maintain uniformity in the County 

Court systems. 

Your consideration would be very much appreciated. 

I 

• 

Sincerely, 

GHHJrnne 

Enclosures 

I 

•

263 

• 

MINUTE BOOK 



I 

07/17/1994 23:27 912-613~8818 PROCAT PAGE Ell 

IBI 

•• 

• 

Dorinda Syk.es 

HarrIson County Court 

P.O. Bo)( 973 

GUlf Port. M$ 39502 

Dear Dorinda: 

ProCAT 

Carl Seyer 

1211 M...ndOlfing Way 

Mesquite, TX 75150 

888-&47·2525 

2I2JOD 

I want to thank you for choosing ProCAT for your court reporting needs. I know you will be 

very happy with the dBCision you have made. There is no other windows~basedCAT 

program as technologically advanced or includes as many features as ProCAT does in the 

Winner 2000. And, yOll will be choosing a company that continually cares about their clients 

and strh'es to constantly improve the sol'tWare to enable you to increase your productivity. 

This letter is to confirm our earlier conversation that ProCAT is B sale source provider. Due 

to the nature of the market we sell to and the high quality of service provided to the end user, 

we do not mar1

Nvmber:~ 

264 

MINUTE BOOK 



• 

I4J 001 

.n 

01/12/00' WED 17:15 FAX 8876523 

HARR eTY COURT 

06/27/1994 e6:26 972-613-6618 

PROCAT 

:11 

j • 

ProCAT 

5126 CI.:iJrer:Qn Drjve. Suite: 280 Purchase Agrzement 

AgQIJre Hjll~, CA 91301 

Order Date: I F:J-!Jr.OOQ 

Voice: fa1!l) S79..SeOO 

P ............ lIaIkt Ulrollgh: 

F"x' (318) 8')'9.5620 . ;;.:.;,:i,;~ .. 

Advanced Ttun"laUons ,."chnology, Ine. ("ATT") seUs ttl.. Equipm..nt to oualomer named below ("Custom.r") and 

.Custcmor purchase:s thst' E:qulpmQn1 from ATT for busjness purposes, on tho terms ahd IOOnctioons alated on bot" $ldOs Of 

:'hi~ POJr

• 

MINUTE BOOK 



265 

I 

66/27/1994 

~ 

I 

i 

r 

I 

•j 

II 

I 

65:62 972-613-8818 PRDCAT PAGE 62 

Terms and Conditions 

ATT, upon Its. "oc;.pt.llrnc" .~... -:..-""c~ltlol') of thl. ~liiIfoeooIlIl"I'Mtnt ~ -'R6I.,I~. (:otnpo".nts .nd so~r. ,..ce;ved from th6 n.r'gln.al 

Hilla. C"'tfotnla...gtee5 10 'IIIf""" I., :h~ ~lK.'Vet f1drned Customer, or to the _quip"".'U ....uJnufacCuro"., AiIt~ NOT co'W.n~d by thi... 

Custom.rS dealiiJnll'• .;;;t l..,.. ..ll1r-' ';o).rlpiln..,.. th.. ~ulpfTIent (-equipment") A.Sr'..,,,,,,cnt. but are covl!lred by the appropriate agreement from 

:~: ~::'r~~:,",~:~~lJ'~~\'::\lI~~'~~~:;;':~~~p~U:~D=~U~~~~::~~ _;-lId Driginal equipment mant..lfaeturer~. (3) AT" fur'lh~1' disclaims 

fol1l) bli!Ilo..... .-nd C"'~ bt\~c.he~ 5if'lgloe Usor SQ"""*"are Ucbn,lng A$ilAI.,.".l1.t Iill"\y w8!l'T'&nti.s r.lating to IIny j:)erlOrTTl4l nca hlsve .ri:i.inEil 01.1' of Of 

"'fUtlJf--l'.~l I" .all Utrrnll and condtttons ot t.f1e 

Data 

j~ .ture 

c:onnd~~tielll1y "'O"fI'lf>'.fT1""-nl r.I-·r1ril i ",\t.:ld hft(t!l:tn" (4) Utl0n t:er'mir'l..til~n 

of the license grElntfa¢! here..." ;:111 A"",- SofbN3f8 (and all copies and 

update:» and -911 rnodlrJc:: .. lir-r-o;. • .... e .. t!:~O shall be return.u:i tQ AT1': 

and the CU$tomer shadl cel1 .... to::- \he =012mc. 

"'CC~PTEO: 

Adva.nced Tl'lIu'_l.tlooa Techno'GG1Y. Inc. 

a" R,?,bel"'\ B.k....a. Presh:;ien1. 

x. wAR.RA....T.eS; ~ 1 . A.TT WlOIrrilnts all eompu!e.r So"""".-.re 

fuml'lf""l.d hil!l'reunder ,;:,nrl r1",...p.1oped bV ATT IIccording to th. 

::::~te~f b~eth~S;;~~~~IJ:~~ '~):;::::I~'; h~I:t~$I~~) ~~~I~~e.n~ ~----~---_..~--~- 

•

266 

MINUTE BOOK 



• 

,ent by: Delta computer Syste 2288683436; 01/04/00 17:18; JeHax H92; Page 1/1 

I 

) 

'..6 DELTA COMPUTER SYSTEMS, INC. 

P. O. Box 1296 Gulfport, MS 39501 

(228) 868-3250 (Voice) (228) 868-3436 (Fax) 

deltacom@datasync.com 

Quotation 


To: 

Harrison County Data Processing 

Attn: Sue Shipman 

SALESPERSON 

Mike Young 

Ship To: 

P.O. NUMBER SHIP VIA F,Q.B. POINT 

GULFPORT, MS 

TERMS 

NET30 

• 

QUANTITY DESCRIPTION UNIT PRICE AMOUNT 

1 Hewlett Packard Omnibook Model 4153T $3,350.00 $3,350.00 

I 

'--"..,. 

--- 

Intel Pentium II 333, 64Mb Memory, 6.4Gb HD, Diskette, CD-ROM, $0.00 

14.1" TFT Display, Lithium Ion S..ltery, AC Adapter, Windows 98/95 $0.00 

$0.00 

$0.00 

$0.00 

$0.00 

$0.00 

$0.00 

$0.00 

$0.00 

$0.00 

SUBTOTAL $3,350.00 

$ 0.00 

TOTAL DUE $3,350.00 

I 

• 

If you have any questions concerning this quotation, please call: Mike Young at 601-666·3250 

To order, return this form with a purchase order number In the space provided above. 

Prices in this quotation valid for 30 days, All items subject to availability. Call for latest information. 

THANK YOU FOR YOUR aUSINESSI 

I 

•

267 

• 

MINUTE BOOK 



I 

IgJ 

01 

• 

T&T_ Data $ervjces, Inc. 

18538 Confederate Road 

Saucier, Ms 39574 

(228)-831-0043 

Fax (228)-539-9840 

I 

*** Quote *** 

December 21,1999 

I 

For: 

By: 

Sue Shipman 


P. O. Drawer CC. 

Gulfport, MS. 39501 

Terri Moore 

T&T Data Services, Inc. 

18538 Confederate Rd. 

Saucier, MS. 39574 

) 

Item Qu~tity Description 

• 

Hewlett Packard OmniBook 4150, 

Model #4153T, 6/333 64MB, 604GB, 

14.1TFT, Windows 98 and Windows 95. 

Three years manufacturer's warranty 

Price 

----------- , 6 

$3,189.00 ~ 

***The above price(s) include shipping.*** 

•

268 

MINUTE BOOK 



IT IS FURTHER ORDERED that the Board does HEREBY APPROVE 

amendment to the county Court's budget for said purchase. 

Supervisor CONNIE M. ROCKeO seconded the motion to adopt the 


• 

I 







AYE 

AYE 

AYE 

AYE 

AYE 

• 





I 

* * 

• 

I 

•

269 

MINUTE BOOK 



I 


ORDER APPROVING CONTRACT WITH MISSISSIPPI STATE FIRE 

ACADEMY TO PROVIDE TWELVE (12) HOURS OF L.P. GAS 

TACTICS COURSES FOR VOLUNTEER AND PAID FIREMEN OF 

HARRISON COUNTY AT A COST OF $500.00, AND 

AUTHORIZING THE BOARD PRESIDENT TO EXECUTE SAME 


MISSISSIPPI, that the Board does HEREBY APPROVE contract with MississiPPi 

State Fire Academy to provide twelve (12) hours of L.P. Gas Tactics courses for 

volunteer and paid firemen of Harrison County at a cost of $500.00; and the 

• 

Board does HEREBY AUTHORIZE the Board President to execute said contract. 

which is as follows: 

I 

• 

I 

•

270 

MINUTE BOOK 



• 

I 

STATE FIRE ACADEMY 

A DIVISION OF TH~ MISSISSIPPI DEPARTMENT OF INSURANCE 

WILl..lAM C. WARREN 

EXECUTIVE DIRECTOR 

GEORGEDAl..E 

COMMISSIONER Of INSURANCE 

J. CONTRACTING PARTIES: 

2. DATE(S): MAY 8 - 9, 2000 

CONIRACIUALAGREEMlliNT 

This Agreement is entered into by and between the Mississippi State Fire Academy (MSFA) 

and _HARRISON COUNTY FIRE SERVICE_(hereinafter referred to as "Customer"). 

Mississippi State Fire Academy 

#1 Fire AcadCIllY - USA 

Jackson, Mississippi 3920& 

teL # 601-932-2444 

fa:

• 

MINUTE BOOK 



271 

I 

Page Two Contractual Agreement 

9. INSURANCE: Customer represents that it will maintain workers' compensation insurance as prescribed by iaw which will inure 

to the henefit ofthe Customer's petsODIlel, as weU as comprehensive general liability insurance. Customer will, up

272 

MINUTE BOOK 



SuperVisor MARLIN R. LADNER seconded the motion to adopt the 



• 

I 





AYE 

AYE 

AYE 

AYE 


AYE 



• 



.. .. 

I 

• 

I 

•

271 

• 

MINUTE BOOK 



I 


ORDER REQUESTING THE COUNTY ADMINISTRATOR TO 

NEGOTIATE ONE MAINTENANCE AGREEMENT FOR ALL 

TELEPHONE SYSTEMS IN THE FIRST JUDICIAL DISTRICT 

COURTHOUSE, INCLUDING THE SHERIFF'S DEPARTMENT 


MISSISSIPPI, that the Board does HEREBY REQUEST the County Administrator to 

negotiate one maintenance agreement for all telephone systems in the First 

Judicial District Courthouse, including the Sheriff's Department. 

• 






AYE 

AYE 

I 

Supervisor MARLIN R. LADNER voted AYE 

SuperVisor WILLIAM W. MARTIN voted 

AYE 


AYE 


• 

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



* * * 

I 

•

274 

MINUTE BOOK 



Supervisor CONNIE M. ROCKCO moved adoption of the fOllowing: 

A RESOLUTION OF 'rHE HARRISON COUNTY BOARD OF 

SUPERVISORS MEMORIALIZING THE MISSISSIPPI 

LEGISLATURE TO ADOPT LOCAL AND PRIVATE LEGISLATION 

AUTHORIZING HARRISON COUNTY, THROUGH ITS DULY 

ELECTED BOARD OF SUPERVISORS, TO CONTRIBUTE UP TO 

$50,000.00 TO "FEED MY SHEEP, INC." AND FOR RELATED 

PURPOSES 

• 

I 

WHEREAS, the Harrison County Board of Supervisors finds that Feed My 

Sheep, Inc., makes a substantial and meaningful contribution to Harrison 

county and its Citizens; and 

WHEREAS, the Feed My Sheep program has requested Harrison County, 

trlrougrl its duly elected Board of supervisors, to contribute $50,000.00 to 

• 

this program to assist in providing needed services to the Citizens of Harrison 

county. 

NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF 

HARRISON COUNTY, MISSISSIPPI, AS FOLLOWS: 

SECTION I. Upon the adoption of this Resolution, the Harrison county 

I 

Board of Supervisors does hereby memorialize the MiSSiSSippi Legislature to 

adopt local and private legislation authorizing Harrison County, through its 

duly elected Board of Supervisors, to contribute up to $50,000.00 to the Feed 

My Sheep, Inc. 

• 

SECTION II. 

SECTION III. 

That this authorization will be a one time contribution. 

That a certified copy of this Resolution shall be forwarded 

to the Harrison County Legislative Delegation. 


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



AYE 


AYE 


AYE 


AYE 

I 

• 

Supervisor COI\II\IIE M. ROCKCO voted 

AYE

• 

MINUTE BOOK 



I 




THIS, the 7 th day of February, 2000. 

275 

* * 

• 

I 

• 

I 

•

276 

MINUTE BOOK 




ORDER ADJUDICATING OVERTIME, AS LISTED 


• 

I 

MISSISSIPPI, that the Board does HEREBY ADJUDICATE the fOllowing overtime: 

Linda Necaise, Justice court Department three (3) hours on December 

31,1999 for initial court appearances at the jail. 

Brenda Barefoot, Inventory Clerk, forty (40) hours during December 

1999 and January 2000 while working on Sheriff's Department AUdit, as 

requested by the Office of the State Auditor. 

supervisor WILLIAM W. MARTIN seconded the motion to adopt the 

• 







AYE 

AYE 

AYE 

AYE 

I 


AYE 



• 


THIS, the 7th day Of February 2000. 

* * 

I 

•

• 

MINUTE BOOK 



I 

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

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

as listed, whereupon Supervisor MARI.IN R. LADNER moved adoption of the 

following: 

ORDER APPROVING INSTALLATION OF STREET LIGHTS IN 

SUPERVISOR'S VOTING DISTRICT 3, AS LISTED 

WHEREAS, the Board of Supervisors of Harrison County, Mississippi 

hereby finds that the Board shall install street lights at the fOllowing 

• 

locations in Supervisor's voting District 3: 

1) 24573 Willow Lane; 

2) 7478 Red Creek Road; 

3) Cronier Avenue, 

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and assume responsibility for electrical bills on same. It is, therefore, 


MISSISSIPPI that the Board does HEREBY APPROVE installation of the fallowing 

street lights in supervisor'S Voting District 2: 

1) 24573 Willow Lane; 

• 

2) 7478 Red Creek Road; 

3) Cronier Avenue. 

IT IS FURTHER ORDERED 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 installation and all future electrical bills, 

effective this date, for the above street lights. 


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with the following resUlts: 


AYE 

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SuperVisor LARRY BENEFIELD voted 


AYE 

AYE

278 

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AYE 

AYE 


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279 

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Supervisor 


adoption of the following Resolution: 

moved the 

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A RESOLUTION OF THE HARRISON COUNTY BOARD 

OF SUPERVISORS URGING THE MISSISSIPPI 

DEPARTMENT OF TRANSPORTATION TO EXPEDITE 

THE FOUR-LANEING OF HIGHWAY 67 FROM HIGHWAY 

49 TO INTERSTATE 1-110, AND FOR RELATED 

PURPOSES. 

WHEREAS, 

the Harrison County Board of Supervisors (hereafter 

"the Board") recognizes the urgent need to 4-lane Highway 67 from 

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Highway 49 to Interstate 1-110; and 

WHEREAS, among other things, due to the tremendous increase 

and growth of the population of Harrison County; the critical 

transportation needs of the County; and the need for an improved 

hurricane evacuation route, expediting the four-laneing of 

Highway 67 

from Highway 49 to Interstate 1-110 is critical and 

should be moved forward as quickly as possible. 

• 



SECTION 

I. Upon the adoption of this Resolution, the 

Harrison County Board of Supervisors does hereby urge the 

Mississippi Department of Transportation to expedite the fourlaneing 

of Highway 67 from Highway 49 to Interstate 1-110. 

SECTION II. Due to the tremendous increase in population in 

Harrison County; the critical need to upgrade transportation 

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routes within Harrison County; and the need to improve hurricane 

evacuation routes for Harrison County makes it imperative that 

this project be completed as soon as possible. 

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SECTION III. With the $20,000,000,00 appropriation by_the 

Mississippi State Legislature, this project is now completely 

funded and should be expedited as quickly as possible. 

SECTION IV. That a certified copy of this Resolution should 

be forwarded to the Mississippi Department of Transportation. 

Supervisor Connie 11. Roekeo 

seconded the Motion 

• 

to adopt the above and foregoing Resolution whereupon the 

President put the question to a 


Supervisor BOBBY ELEUTERIUS voted, Aye 

Supervisor MARLIN LADNER voted, Aye _, 

Supervisor LARRY BENEFIELD voted, A'J-~-, 

Supervisor CONNIE ROCKCO voted, Aye 

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Supervisor WILLIAM MARTIN voted, Aye 

The majority of the members present having voted in the 

affirmative, the President then declared the Motion carried and 

the Resolution adopted on this the ~ day of February 

2uOU. 

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ORDER AUTHORIZING THE BOARD PRESIDENT TO EXECUTE A 

LETTER OF SUPPORT FOR THE GULF COAST WOMEN'S CENTER 

FOR NON VIOLENCE, INCo'S APPLICATION FOR AN EMERGENCY 

SHELTER GRANT 

• 

follows: 


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

execute a letter of support for the Gulf Coast Women's Center for Non 

Violence, Inc.'s application for an Emergency Shelter grant, which is as 

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H 

"" III""""""" sup ~--__ 

"f'O""",,__I:.f' 

I' Q ", .... t-"'- 

ARRISON COUNTY i~Q;l' \~\ 

BOARD OF SUPERVISORS i~~ ~;>j~ 

\.,'" 

~;.(''\. 

1801 23RD AVENUE' P. O. DRAW'ER CC' GULFPORT, MISSISSIPPI 39502-0860 ..:::...fi;--....,II,,'0~"'" 

TELEPHONE: (228) 865·400 I -:'-_~SON CS,,"'· - 

FACSIMILE: (228) 865.4206 "'''''',u''"' 

E·!vIAll: h~rcobos@3m~tro.nC'c 

February 7, 2000 

To Whom It May Concem: 

.'v)~ 

.~ ~ 

- . . y - ,':

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MINUTE BOOK 



283 

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vote with the follOwing results: 





AYE 

AYE 

AYE 

AYE 

Supervisor COI\INIE M. ROCKeD voted 

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

AYE 




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ORDER ACKNOWLEDCING RECEIPT OF THE APPLICATION 

DMR-M 00433-J FILED BY W. C. FORE TRUCKING WITH THE 

MISSISSIPPI DEPARTMENT OF MARINE RESOURCES 

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MISSISSIPPI, that the Board does HEREBY ACKNOWLEDGE RECEIPT of the 

application DMR-M 00433-j filed by W. C. Fore TrUCking with the MissiSSippi 

Department of Marine Resources, same being as follows: 

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MISSISSIPPI 

DEPARTMENT OF MARINE RESOURCES 

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REQUEST FOR REVIEW OF APPLICATION 

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TO: 

FROM: 

Mayor, City ofGulfport 

District Attorney, Harrison County 

Harrison County Prosecuting Attorney 

Harrison County Board of Superviso~ ~ COpy to

286 

MINUTE BOOK 



Brown & Mitd: 11, Inc. 

Engineers & Environmental Consultants 

Gulfport, MS - Biloxi, MS 

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- Mr. Mark Foster 

Department of Marine Resources 

1141 Bayview Avenue 

Biloxi, MS 39530 

REF: 

Dear Mark: 

Joint Application and Notification 

w.e. Fore Trucking. Gulfport, MS 

Barge Docking Area Project 

• 

On behalfofour client, Iam pleased to submit the attached JointApplication and Notification 

for this proposed project in Gulfport, Mississippi. 

Ifyou have any questibns, or ifwe can provide any additional information, please let me know. 

~ 

~~J~ 

Environmental Specialist 

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Enclosures 

cc: 

Mr. w.e. Fore 


JAN 2'5 2000 

ReCEIVED 

• 

U:\ 1875'l1875FOttt\lransmtttal DMR 

521 34th Street, Gulfport, MS 39507 • (228) 864-7612 • (228) 864-7676 fax I 

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287 

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• BARGE DOCKING AREA 

MAINTENANCE / IMPROVEMENT 

PROJECT 

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Joint Application and Notification 

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u.s. Department of Army Corps ofEngineers 

Mississippi Department ofMarine Resources 

Mississippi Department ofEnvironmental Quality 

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288 

MINUTE BOOK 



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JOINT A~~LICATIONAND NOT"{I~lf~fMarine 

u.s. Department ofArmy Corps ofEngineers 

Mississippi Department ofMarine Resources . JAN· 2'5 2000 

Mississi i De artment ofEnvironmental Quali /Office ofPollution Control 

This fonn is to be used for proposed activities in waters of the United States and Mississippi and for the 

erection ofstructureS on suitable sites for water dependent industry. Note that some items, as indicated~ 

apply only to projects located in the coastBl area ofHancock, Harrison~and Jackson Counties. 

2. Applicant (Mailing address and telephone) 

W.C. Fore Trucking 

clo Brown & Mitchell, Inc. 

521 34 th Street 


Contact: Mr. Larry Lewis 

1. Date REf"" [ I\Ji:'0 

January ~ '2

28~ 

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MINUTE BOOK 



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6.-AdditionaI information relating' the proposed activity 

. Does project area contain an) .•larsh vegetation? Yes__Nol (Ifye~; explain) _ 

Is any portion ofthe activity for which authorization is sought now complete? Yes _ 

NolL Ofyes, explain) 

Month and year activity took place: _. -=----'-N\A-'-"--'---- _ 

Ifproject is for maintenance work on existing structures or existing channels, describe legal authorization for the 

work. Provide pennit number, dates ofother forms ofauthorization: _---'S""e""e'-'R"""'em""'ar""k""s'---- 

_ 

Has any agency denied approval for the activity described herein or for any activity that is directly related to the, 

• 

described herein? Yes _ No..x (Ifyes, explain) _ 

7. Project schedule 

Proposed start date: February 2000 Proposed completion date: _...,M...a2J-v-...2"'0""OO"-- _ 

Expected completion date (or development timetable) for any projects dependent on the activity described herein 

N/A 

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8. Estimated cost of the project__----"$.:;,,20::..,'-'0"'0"'0'---- _ 

9. Describe the purpose of this project Describe the relationship between this project and any secondary or 

future development the project is designed to support 

The purpose ofthis project is to maintain and improve an existing barge docking facility located on the Bayou 

Bernard Industrial Seaway, behind the W.e. Fore Trucking tenninal on Creosote Road. Project will also 

stabilize eroding shoreline. 

• 

Intended use: Private Commercial X Public Other (explain) 

10. Describe the public benefits of the proposed activity and of the projects dependent on the proposed activity. 

Also, describe the extent of public use ofthe project 

11. Remarks 

This project will improve the existing docking berth and allow for increased commercial activity along the 

Bayou Bernard Industrial Seaway. The project will also reduce bank erosion and decrease sedimentation in 

the Seaway. 

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Item 5. Project Description - Dredging 

This project will involve maintenance dredging of an existing boat slip area and a portion ofthe Industrial 

Seaway channel, as well as new work dredging to straighten an irregularshoreline. The area to be maintained 

is approximately 400 feet by 50 feet and will be dredged to -8 feet below Mean Low Water. The area of 

shoreline to be dredged is approximately 300 feet by a maximum of25 feet. A total of1,200 cubic yards of 

maintenance material and 1,000 cubic yards ofnew work material will be removed and placed in an existing 

upland disposal area 

Item S. Project Description - Construction of Structures 

This project will also include the installation of 100 linear feet of steel sheet-pile bulkhead along the line 

Mean High Water and the installation ofrip-rap along approximately 350 feet ofshoreline. 

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MINUTE BOOK 



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12. Provide the names and Qddresses of the adjacent property ow- ·~s. Also identify the property ownen 

on the plan view of the dr. .ng described in attachment "A", (al._.:h additional sheets if necessary). 

See "Attaclunent C - Adjoining Property Owners" 

- - . 

13. List all approvals orcertifications received orapplied for from Federal, State, and Local agencies for any 

structures, construction, discharges, deposits, orother activities described in this application. Note that the 

signature in item 14 certifies that application has been made to or that pennits are not required from the 

following agencies. Ifpermits are not required, place N/A in the space for Type ofApproval. 

Agency Type ofApproval Application Date Approval Date 

Dept. ofEnvironrnentaJ Quality Pennit January 21,2000 

Department ofMarine Resources Pennit January 21,2000 

U.S. Army Corps ofEngineers . Pennit January 21, 2000 

City/County 

_ 

Other ~__~__ 

• 

14. Certification and signatures 

Application is hereby made for authorization to conduct the activities described herein. I agree to provide 

any additional infonnationldatathat may benecessary to provide reasonable assurance or evidenceto show 

that the proposed project will comply with the applicable state water quality standards or other environmental 

protection standards both during construction and after the project is completed. I also agree to provide entry 

to the project site for inspectors from the environmental protection agencies for the purpose ofmaking 

preliminary analyses ofthe site and monitoring permitted works. I certify that I am familiar with and 

responsible for the information contained in this application, and that to the best ofmy knowledge and belief, 

such information is true, complete, and accurate. I further certify that I am the owner ofthe property where 

the proposed project is located or that I have a legal interest in the property and that I have full legal 

authority to seek this permit. 

I 

~1·/oo 

Date 

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18 U.S.C. Section 1001 provides that: Whoever, in any manner within thejurisdiction ofany department or 

agency ofthe United States knowingly and willingly falsifies, conceals, or covers up by any trick, scheme, 

or device a material fact ormakes any false, fictitious, or fraudulent statements or representations or makes 

or uses any false writing or documentknowing sameto contain any false, fictitious, or fraudulent statement 

or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both. 

15. Mississippi Coastal Program (Coastal area only) 

I certity that the proposed project for which authorization is sought complies with the approved 

Mississippi Coastal Program and wil! be conducted in a manner consistent with the program. 

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291 

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MINUTE BOOK 

BOARD OF SUPERVISORS, HARRISON COUNTYI 


MISSISSIPPI 

I 

. 16. Fees 

Payable to t~.. Aate ofMississippi 

$50.00 Residential 

$500.00 Commercial 

$50.00 Cost ofpublic notice fee 

Please inv._Je appropriate fees for all projects 

Proposed in coastal areas ofHancock, Harrison, an 

Jackson Counties. 

17.Ifproject is in Hancock,Harrison, orJackson Counties, send onecompleted copy ofthisapplicationfonn 

and appropriate fees listed in item 16 to: 

• 

Department ofMarine Resources 

1141 Bayview Avenue 

Suite 101 


Ifproject IS NOT in Hancock, Harrison, or Jackson Counties, send one completed copy ofthis application 

form to each agency listed below: 

District Engineer 

U.S. Army Engineer 

District Mobile 

Attn: SAMOP-S 


U.S. Army Engineer 

District Vicksburg 

Attn: LMKOD-FE 

Director 

Mississippi Dept. ofEnvir.Quali~ 

Office ofPollution Control 

P.O. Box 10385 

I 

P.O. Box 2288 

Mobile, AL 36628 

2101 North Frontage 

Vicksburg, MS 39180 

Jackson, MS 39289-0385 

18. In addition to the completed application form, the following attachments are required: 

• 

Attachment "A" Drawings 

Provide a vicinity map showing thelocationofthe proposed site along with a written description ofhow 

to reach the site from major highways orlandmarks. Provide accurate drawings ofthe project sitewith 

proposed activities shown in detaiL All drawings must be to scale orwith dimensions noted on drawings 

and must show a plan view and cross-section or elevation. Use 8 Yz xii" white paperordrawing sheet 

attached. 

Attachment "B" Authorized Agent 

Ifapplicant desires to have an agent or consultant act in his behalffor permit coordination, a signed 

authorization designating said agent must be provided withthe application forms. The authorized agent 

named may sign the application forms and the consistency statement. 

I 

Attachment "c" Environmental Assessment 

Provide an appropriate reportor statement assessing environmental impacts ofthe proposed activity and 

the final project dependent upon it. The project's effects on the wetlands and the effects on the life 

dependent on them should be addressed. Also provide a complete description ofany measures to be 

taken to reduce detrimental offsite effects to the coastal wetlands during and after the proposed activity. 

Alternate analysis, minimization, and mitigation infornlation may be required to complete project 

evaluation. 

Attachment "D" Variance or Revisions to Mississippi Coastal Program (Coastal area only) 

Iftheapplicant is requesting a variance to theguidelines in section 2, PartIII, ora revision to the Coastal 

Wetlands UsePlan in Section2, PartN oftheRegulations, Guidelines, and Procedures oftheMississippi 

Coastal Program, a request and justification must be provided. 

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292 

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Attachment "A" 

Drawings 

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293 

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MINUTE BOOK 



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B 

VICINITY MAP 

BROWN&MI1'CHELL JlNe. 

M Engineers k Environmental Consultants

294 

MINUTE BOOK 



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r- 

u 

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(-1 

... 

OJ 

I 

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r- 

W 

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:2 '3 

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0.- :3 

w r:: 

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W Z w 

I:

• - • - • - • 

Sheetplle 

Bulkhead 

--' 

B.!iYOlJ B. 

erh.!irell ~ 

helLJStrl.!i1 S \] D 

0.35 Acres to be dredged to -8' MLW e.!iW"ly 1"=50' 

(~1,200 cy) 

~ 100' I Rip-Rap 

Existing 

Shoreline~ 0.07 Acre.6 of uplands 

to l:7e dredged to -8' MLW 

~ (~ 1,000 cy below MLW) 

+ 300' 

PROJECT PLAN 

Proposed 

Shoreline 

BARGE DOCKING AREA MAINTENANCE / IMPROVEMENT PROJECT 

"'~~$Jc:T 

~ BROWN &, MITCJHIELL, IDle. 

M Engineers & Environmental Consultants 

,..- 

OJ 

o 

):I 

;:a 

c 

o 

." 

U) 

c: 

'"'I'I'tJ 

mm 

m~ 

;Qiiis: 

C~_ 

):IU)2 

~- C 

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296 

MINUTE BOOK 



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PROPOSED STEEl 

SHEET PILE 

6' 

TOP OF 

SHEET PILE 

WATER SURFACE 

CHANNEL 

• 

ARE" TO BE 

DREDGED 

TYPICAL BULKHEAD CROSS SECTION 

N.T.S. 

-12' 

I 

r 

STABIUZE 

SHOREUNE 

v"lH CONCRETE RIP-RAP 

UNDERLAIN Vo1lH GEO-CLOlH 

1.5 

:1 1 WATER SURFACE 

• 

CHANNEL 

-8' MLW 

AREA TO BE STABILZED IS +/ - 300' 

TYPICAL RIP-RAP CROSS SECTION 

N.T.S. 

• 

B BROWN &. MIITCJHOELL mc. 

M Engineers ole Environmental Consultants 

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MINUTE BOOK 



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297 

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Attachment "B" 

Authorized Agent 

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298 

MINUTE BOOK 



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Telephones: 

Offlce (228) 863-1314 

Home (228) 392-8069 

Fax (228) 864-0013 

J8IIlJlll)' 24, 2000 

.w.e. FORE TRUCKING. II\IC. 

P.O. BOX 3058 


Office Address: 

14292 Creosote Road 

Gulfport. Mississippi 39503 

• 

To Whom ItMay Concern: 

REF: Permit Application 

Gentlemen: 

I 

Please be advised that Brown & Mitchell, Inc. ofGuuport, Mississippi is hereby lIlIIborized to 

act as our agent for permit coordination on the above referenced pennit application. 

Any questions regarding this project may be directed to Mr. Larry Lewis or Mr. John Templeton 

ofBrawn & Mitchell, Inc. at (228) 864-7612. 

Sincerely, 

W. C. Fore Trucking, Inc. 

• 

W. C.Fore 

President 

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299 

MINUTE BOOK 



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Attachment "e" 

Adjoining Property Owners 

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"Attachment C" 

Adjoining Property Owners 

North 

0809H-OI-001.000 

Harrison County Development Commission 

0809H-OI-OOl.004 

Alan Goldin et. al 

Goldin Industries, Inc. 

PO Box 2909 


0809H-01-001.006 

Alan Goldin et. al 

Goldin Industries, Inc. 

PO Box 2909 

GulfPort, MS 39505 

0809G-01-006.000 

Plastfax, Inc. 

PO Box 768 

Northport,~I49670 

0809G-01-007.001 

Necaise Construction Company, Inc. 

9483 County Farm Rd. 


East 

08091-01-002.000 

Cavenham Forest Industries, Inc. 

c/o Environmental ~anagementServices, Inc. 

600 North 26 th Avenue 

Hattiesburg, MS 39401 

South 

08091-01-02l.000 

United Way ofSouth Mississippi, Inc. 

PO Box 1172 


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0809J-OI-001.000 

James Haynes 

PO Box 627 


West 

0809G-02-005.000 

Marshall!. Williams 

12506 Lorraine Rd. 


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Attachment "D" 

Environmental Assessment 

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302 

MINUTE BOOK 



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ENVIRONMENTAL SITE ASSE~ '::NT 

BARGE DOCKING AREA MAINTENANCE I IMPROVEMENT PROJECT 

PAGE 1 

"Attachment 0" 

ENVIRONMENTAL ASSESSMENT 

BARGE DOCKING AREA MAINTENANCE /IMPROVEMENT PROJECT 

1.01 INTRODUCTION 

This report describes the environmental impacts associated with the proposed maintenance and 

improvementofan existing barge docking area on the Bayou Bernard Industrial Seaway, GUlfport, 

Harrison County, Mississippi. This assessmentoutlines the proposed activities and discusses the 

environmental impacts associated with the project. 

2.0 PROJECT DESCRIPTION 

The purpose of the proposed project is to maintain and improve an existing barge docking area 

located on the south side ofthe Bayou Bernard Industrial Seaway. Maintenance activities will be 

include the dredging of approximately 1,200 cubic yards (cy) of sand and silt from the existing 

docking slip. Currently, the bottom oHhe slip is at an elevation ofapproximately -6 feet below Mean 

Low Water(MLW). In orderforthe slip to accommodate the applicant's vessels, itwill be necessary 

to dredge the area down to an elevation of approximately -8 feet MLW. 

In addition to the maintenance dredging, the applicant proposes to excavate approximately 300 linear 

feet of shoreline (:!:1 ,000 cy of material below MLW) in orderto straighten and lengthen the interior 

bank ofthe slip, install 100 feetofsheet-pile bulkhead, and place rip-rap along :!:350feetofadjoining 

shoreline. 

3.0 ENVIRONMENTAL SETTING 

• 

I 

• 

This project site is located on the south side ofthe Bayou Bemard Industrial Seaway, nearCreosote 

Road. The Seaway is a 5.02 mile long man made navigation channel that begins at Gulfport Lake 

and continues west to its end atThree Rivers Road. Portions ofthe channel were excavated from 

land and parts of the channel encompassed what was originally known as Bayou Bemard. A 

description of the environmental setting is provided below. 

3.1 Topography, Gevlogy, and Soils 

The topography of the area varies from a 25-35' elevation and much of the site consists of manmade 

fill. Geologically, the project lies within the coastal plains region which extends from 

Hattiesburg, Mississippi south to the Mississippi Sound. 

Based on the U.S. Soil Conservation Service Soil Map for Harrison County, the major soil group 

found within the project area is Sulfaquepts soils. This soil is described below. 

Sulfaquepts Soils are soils that formed in areas of hydraulic fill. They are usually loealed along the 

marshes, beaches, and the Hamson County Industria' Seaway. 

3.2 Surface Water 

The Bayou Bernard Industrial Seaway is a brackish water body thatreceives estuarine tidal waters 

from the Back Bay of Biloxi area and freshwater inflow from Bernard Bayou. 

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303 

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ENVIRONMENTAL SITE ASSEt "NT 


PAGE 2 

3.3 Vegetation and Wetlands 

• 

The plant communities within the project area are typical ofthe southern mixed forests and mixed 

pine hardwood forests ofsouth Mississippi. Landscape position, soil saturation, and disturbance 

have contributed significantly to the type ofvegetation found in the area. Forexample, the majority 

of the site has been developed and much of the natural vegetation has been removed. In area 

adjacent to the project site grasses and shrubs are abundant and often the shrubs dominate the 

understory layer. The overstory, where present, is dominated by Slash Pines, Sweetbay Magnolia, 

and Cypress trees. Althoughthere are several areas that supportwetlands in the vicinity ofthis site, 

no wetlands are located on the project site. 

3.4 Fish & Wildlife 

I 

Areas along the seaway provide habitat for various species of birds, mammals, reptiles, 

amphibians, and to a lesser extent, fish. The species diversity is comparable to similar areas of 

south Mississippi in close proximity to urban development. 

Song birds, occasionalwading birds and raptors, and some game birds have been identified along 

the seaway. In addition to the year round resident birds, some neotropical migrants may be 

observed during the spring. The site is also within the range of the endangered red-cockaded 

woodpecker, but preliminary surveys do notindicate the presence ofthis species within the vicinity 

of the project site. 

• 

Nutria, muskrat, gray squirrel, raccoon, and rabbits are common mammals that occur within the 

project area. The area also provides habitat for small mammal species such as mice and rats. 

Occasionally, reptiles and amphibians may be found in the interiorportions ofthe site and along the 

channel margins of the industrial seaway. The moist areas along the margins of the channel 

provide habitatforfrogs, some turtles, and some snakes. Snakes, turtles, and skinks are also found 

in the drier areas along the banks of the channel as well as the margins of the channel. The site is 

also within the range ofthe threatened GopherTortoise, but surveys do not indicate the presence 

of this species on this site. 

Fish species vary depending on the salinity oflhe industrial seaway. During periods oflowrainfall, 

the salinity increases and the fish species found in the seaway are more estaurine type species 

such as flounder, croaker, and saltwatercatfiSh. During periods of heavy rainfall runoff, the salinity 

of the channel decreases and bluegills, sunfish, and bass move down the Seaway as far as the 

lower reaches of the channel where it empties into the bay. 

4.0 PROJECT IMPACTS 

I 

The project should not significantly impactfish and wildlife resources along and within the margins 

oflhe Seaway. Most species will be able to avoid the area during construction, and will return tothe 

area after the project is completed. There will be an increase in turbidity during the dredging 

operations and bulkhead installation, but it is not anticipated that the turbidity will be any greaterthan 

the turbidity of the seaway during a heavy rainfall event. 

• 

P~MLEGED & CONFIDENTIAL

304 

MINUTE BOOK 

BOARD OF SUPERVISORS, HARRISON COUNTY, MISSISS.IPPI 


• 

I 

ENVIRONMENTAL SITE AsSEt iNT 


PAGE 3 

5.0 ALTERNATIVES 

Several alternatives were evaluated forthis project. The firstaltemative was to relocate the docking 

area to anotherportion ofthe applicanfs property. This alternative was eliminated because it would 

involve greaterimpacts to the surrounding area and to Bayou Bernard. The other alternative which 

was considered was that of "No Action". This alternative would not provide any of the needed 

benefits of the proposed project and it would not reduce the shoreline erosion. 

• 

6.0 SUMMARY 

The applicantproposes to perform maintenance dredging and make shoreline improvements atan 

existing barge docking area on the Bayou Bernard Industrial Seaway. Maintenance activities would 

include dredging of approximately 1,200 cubic yards of material from the existing boat slip. In 

addition to the maintenance dredging, approximately 1,000 cubicyards of newwork material will be 

dredged to straighten an eroded shoreline 

The applicant also proposes to install 100 feet ofsteel sheet-pile bulkhead and place concrete riprap 

along the interior bank of the slip to prevent shoreline erosion. 

I 

This plan will not impact any wetlands and should have no long-term effects on the environment. 

• 

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PRIVILEGED & CONFIDENTIAL 

•

• - • - • - • 

I--- 

PROJECT PLAN 

0.07 Acre6 of uplands 

to be dredged to -8' MLW 

(±1,000 cy below ML'N) 

BARGE DOCKING AREA MAINTENANCE / IMPROVEMENT PROJECT 

l,)\,loliS\1I'1'5n:l11:1:\X.Ibi:llr. 

"''1

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MINUTE BOOK 




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


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AYE 

AYE 

AYE 

AYE 


AYE 



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supervisor LARRY BENEFIELD moved adoption of the fOllowing: 

ORDER CONCURRINC WITH THE BOARD OF EDUCATION OF THE 

HARRISON COUNTY SCHOOL DISTRICT IN LEASE ACREEMENTS, 

AND AUTHORIZINC THE PRESIDENT AND THE CLERK OF THE 

BOARD TO EXECUTE SAME, AS LISTED 


MISSISSIPPI, that the Board does HEREBY COI\ICUR with the Board of Education 

of the Harrison County School District in the following lease agreements; and 

the Board does HEREBY AUTHORIZE the president and the Clerk of the Board 

• 

to execute same: 

1) Sixteenth Section land lease agreement With Campground Baptist 

Church; and 

2) Sublease agreement and non-disturbance and attornment 

I 

agreement by and between TW, Inc. and Brinker Miss. Inc.: 

• 

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308 

MINUTE BOOK 



• 



SIXTEENTH SECTION LAND 

LEASE AGREEMENT 

I 

THIS LEASE AGREEMENT is executed by and between the BOARD OF 

EDUCATION OF HARRISON COUNTY SCHOOL DISTRICT, MISSISSIPPI (Lessor) 

and__~C~a~m~p~glO!r~o~u~n"d,-B=a.l:!l?!!ti~st,-C"-,,h~u!.:rc~h!!- 

terms and provisions: 

2. 

(Lessee) according to the following 

I. Leased Premises: Lessor does here by lease and rent unto Lessee, 

upon the terms and conditions herein stated, a parcel ofland and 

improvements thereon siruated in the Harrison County School District, 

First Judicial District of Harrison County, Mississippi, lying in Section 16, 

Township _6_ South, Range _1_2_West, and more particularly 

described as follows, to-wit: 

Legal Description: 

Parcel D: Commence at a lighter knot in a fence corner, the apparent 

southeast corner of Section 16, Township 6 South, Range 12 West, 

Harrison County, Mississippi, thence proceed N 02 degrees, 14' 49" West 

(directions or bearings cited herein refer to grid north in the Mississippi 

State Plane Coordinate System, East Zone, (983), 1456.36 feet to an iron 

rod, the Point of BegiIU1ing of the herein described Parcel D. From said 

Point of BegiIU1ing proceed N 77 degrees, 07' W, 552.2 feet to an iron 

rod; thence S 02 degrees, 14' 49" E, 8 L7 feet; thence S 77 degrees, 07' E, 

552.2 feet; thence N 02 degrees, 14' 49", 81.7 feet to the Point of 

BegiIU1ing, containing l.OO acres approximately and being located in the 

Northeast V- ofthe Southeast V- ofsaid Section 16. 

Parcel E: Commence at lighter knot in a fence comer, the apparent 

southeast comer of Section 16, Township 6 South, Range 12 West, 

Harrison County, Mississippi, thence proceed N 02 degrees 14' 49" W, 

(directions or bearings cited herein refer to Grid North in the Mississippi 

State Plane Coordinate System, East Zone, 1983) 1374.66 feet to an iron 

rod, the Point of Beginning of the herein described Parcel E. From said 

Point of BegiIU1ing proceed N 77 degrees 07' W, 552.2 feet to an iron rod; 

thence S 02 degrees 14' 49" E, 81.7 feet; thence S 77 degrees 07' E, 552.2 

feet; thence N 02 degrees 14' 49" W, 81.7 feet to the Point of Beginning, 

containing 1.00 acres approximately and being located in the Northeast V 

of the Southeast V- ofsaid Section 16. 

Parcel F: Commence at lighter knot in a fence comer, the apparent 

Southeast comer of Section 16, Township 6 South, Range 12 West, 

Harrison County, Mississippi, thence proceed N 02 del,'fees 14' 49"' W, 

(directions Or bearing cited herein refer to Grid Nonh in the Mississippi 

State Plane Coordinate System, East Zone, 1983), 1292.96 feet to an iron 

rod, the Point of BegiIU1ing of the herein described Parcel F. From said 

Point of BegiIU1ing proceed N 77 degrees 07' W, 552.1 feet to an iron rod: 

thence S 02 degrees 14' 49"' E, 81.7 feet; thence S 77 degrees 07' E. 552.1 

feet; thence N 02 degrees 14' 49" W, 81.7 feet to the Point of Beginning, 

containing 1.00 acres approximat~ly and being located in the Northeast Y, 

ofthe Southeast V- ofsaid Section 16. 

• 

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309 

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MINUTE BOOK 



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3. 

4. 

5. 

Term: This lease is for a term oftwenty-five (25) years beginning on 

January 24, 2000 , and expiring at midnight on Januarv 23, 2024. 

Rent: Lessee agrees to pay as annual rent the sum of$ 1404.00 for 

the full tenn of this lease, subject to rent adjustments as provided in 

paragraph 5 herein. The first such payment has been made upon the 

execution hereof, and a like amount shall be due On the~day of 

January ofeach year thereafter during the term ofthis lease, subject to 

adjustment and reservation ofrights as hereinafter proVided. 

Rent AdjusrmeBt: 

(a) At the fifth anniversary date o(the commencement of this lease, 

January 24'h, 2005, and each fifth anniversary date thereafter,.Lessor 

may at its option, six month before or six months after said anniversary 

date, upon 30 days written notice to Lessee, elect to have a reappraisal of 

the subject property and a re-determination ofreasonable ground rentals. 

In the event Lessor makes such election, there shall be a reappraisal ofthe 

fee value ofthe property under lease, less improvement, pursuant to the 

terms ofthe Mississippi Code of 1972, Section 29-3-65, or pursuant to the 

statute then in effect governing such leases and procedures ofdetermining 

reasonable rental value. The reappraisal shall establish the fair market 

value ofthe property and establish a reasonable current percentage of 

income on real estate investments for the purposes ofdetermining fair 

annual ground rental. The amount ofrent so determined, as ofeach fifth 

anniversary date shall be paid for the next succeeding five years. 

(b) Any adjustments ofannual ground rental determined by the above 

mentioned statutory appraisal procedure shall be binding upon the Lessor 

and Lessee. 

(c) Should the statutory procedure ofdetermining annual ground rentals 

result in an increase, over and above the initial ground rentals determined 

at the begimling of this lease or the preceding five year interval, Lessee, 

within 90 days after receiving notice of the increase, shall the additional 

right to request appraisals by three qualified MAl or SREA appraisers to 

be appointed in the following manner: 

The Board ofEducation shall appoint one such qualified appraiser and the 

Lessee shall appoint a second such qualified appraiser. The first two 

appraisers so appointed will then mutually select the third appraiser. Such 

appointments shall be made promptly, wd the appraisers shall have a 

reasonable time to appraise the leased premises. 

The three appraisers shall each determine a current annual ground rental 

value based upon the fair market value of the land and a reasonable 

percentage of return on land investments in the area at that time. The 

average of the three rentals shall then be established for purposes of rent

310 

MINUTE BOOK 



• 

6. 

7. 

adjustment to be applicable over the next five years or until the end ofthe 

lease teon, as the case may be. 

(d) Lessee, however, shall then have the choice ofselecting the lesser 

amount ofannual ground rental determined either by the statutory 

procedure or the amount ofannual ground rentals determined by the three 

separate appraisers appointed upon the. request of the Lessee. 

(e) [n the event the Lessee request that the three additional appraisals be 

made, such appraisals shall be made at the Lessee's expense. 

(f) The annual ground rentals on any adjustment date shall not be reduced 

below the amount established upon the initial date of this lease except 

upon determination by the appraisals made under the statutory procedures 

as outlined hereinabove. 

(g) The amount of rent detennined in the above manner shall be promptly 

remitted upon conclusion of these rental adjustment procedures effective 

as of January 24 ofeach fifth year ofthis lease. 

Assignment, Sublease: After receiving approval of the Board of 

Education, Lessee may assign this lease in its entirety, whereupon Lessee 

shall be relieved of all obligations accruing subsequent to the assignment. 

Lessee may also execute partial assignments or subleases, after receipt of 

approval by the Board ofEducation, in which event Lessee shall remain 

liable for all obligations herein upon default by the assignee or subtenant. 

[n the event ofan assignment, sublease or other transfer of possession, 

Lessee and all successors shall, within 30 days after the transfer, file the 

assignment or sublease document in the Land Deed Records in the oftlce 

ofthe Chancery Clerk and provide a copy thereofto the office ofthe 

Superintendent ofEducation. 

Subleasing or assignrnent of this lease shall be allowed at the discretion of 

the Board ofEducation and in accordance with Section 29-3-69, 

Mississippi Code of 1972. Permission to sublease or assign this lease 

shall not be arbitrarily withheld. 

Improvements: Upon expiration or termination of this lease or any 

extension thereof, all improvements then and on that date situated on the 

land shall become the property of Lessor, except that Lessee shall have 45 

days after expiration or termination to remove any improvements. While 

this lease continues in force and effect, Lessee shall have the unrestricted 

right to remove, change, alter, modify, add to or subtract from any 

improvements on the land as the Lessee may in its sole discretion elect so 

to do, imd the Lessor, while this lease or any extension thereof continues 

in force and effect, shall have no ownership interest in any such 

improvements. 

[f any improvements are removed, lhen Lessee shall be obligated to 

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311 

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MINUTE BOOK 



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• 

8. 

remove all foundations, and paved areas, fill any excavations with a soil 

material suitable as a foundation support for further construction and 

generally restore the premises to a condition suitable for construction, use 

and occupancy by others unless Same shall be specifically waived by the 

. Board ofEducation. 

Lessee shall have the right to construct ne\\( or replacement buildings or 

structures on the leased premises. In the event construction is 

contemplated, Lessee shall submit a description of the general nature of 

this proposed improvement and its intended use to Lessor for approval, 

which approval shall not be unreasonably withheld. 

General Duties of Lessee. Lessee agrees: 

(a) To pay all taxes and assessments imposed upon this leasehold 

estate as provided by law; 

(bl To comply with all laws and ordinances applicable to the use of the 

property; 

(c) To allow Lessor or its authorized representative necessary and 

reasonable access to the property during the last twelve months of 

this lease term for purposes ofappraisals or showing for releasing, 

and Lessee further agrees to give reasonable access to appraisers 

during the lease term for purposes as hereinabove provided. But 

access by Lessor's agents shall in no way interfere with Lessee's 

use and enjoyment ofthe premises during the term ofthis lease; 

(d) To perform all obligations hereunder expressed without notice or 

demand; 

(e) To pay a reasonable attorney's fees to Lessor in any proceedings 

affecting the lease or leased property, or to enforce any provisions 

ofthe lease, whether the proceedings are brought by Lessor or 

Lessee, provided Lessor is ultimately successful in such litigation. 

(I) To pay interest at the maximum rate allowed by law on any rent 

past due; 

(g) Subject to Lessee's statutory renewal rights as may be applicable, 

to surrender the premises upon termination or expiration ofthis 

lease, with improvements to be in good usable condition, 

reasonable wear and depreciation excepted, unless improvements 

are completeLy removed as provided under other provisions hereof 

(h) Lessee will furnish Lessor paid tax receipts for the preceding year 

at the time annual rental installments are paid. 

In the event Lessee breached any of the covenants or obligations 

expressed hereinabove, Lessee or any successor shall be entitles to notice 

in writing of the breach and shall have 60 days after receipt of such notice 

to cure or correct the same; otherwise, failure to do so give Lessor the

312 

MINUTE BOOK 


FEBRUARY'2000 TERM 

• 

9. 

10. 

11. 

12. 

[3. 

right to terminate the lease. 

Holding Over: Any continuation by Lessee in possession after expiration 

or termination shall constitute a month-to-month tenancy. Upon failing to 

vacate the premises after receiving demand to do so, Lessee shall be 

obligated to pay rent at double the monthly rate then in effect. It shall no 

be considered holding over if Lessee remains jn possession pending the .. 

conclusion ofgood faith negotiations for a renewal or extension. 

Successors: The provisions ofthis lease shall be fully binding upon 

Lessee's successors and assigns. 

Reservation: Lessor reserves title to all timber, mineral, oil and gas, 

together with the right ofingress and egress to remove same, as provided 

by law. However, ifsuch ingress and egress shall materially interfere with 

Lessee's use and enjoyment ofthe premises, rent shall be subject to 

reasonable diminution. 

Right to Re-Lease: As provided by Section 29-3-69, Mississippi Code of 

1972, Lessee shall have the option to renew this lease for a term not to 

exceed twenty-five years and in accordance with Section 29-3-63. 

Condemnation Proceedings: In the event the leased parcel of land or 

any portion thereot: shall be the subject ofcondemnation proceedings by 

eminent domain, the parcel ofland that is subject to said proceedings shall 

be considered to be owned by the Lessor and the Lessee shall be 

compensated only for the damages it sustains as a result of the loss ofthe 

improvements on the property that the Lessee has constructed. All other 

damages sustained by the Lessee shall r~vert to the Lessor, and the 

compensation for said damages shall be paid to the Lessor, along with the 

compensation for any other damages determined to have been sustained by 

the Lessor. 

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313 

MINUTE BOOK 



I 

rN WITNESS WHEREOF, this lease is executed by Lessor pursuant to order 

entered upon its minutes and is executed by Lessee this zlflh day ofrAN. 2a:>a . 

BOARD OF EDUCATION 

Hamson Co. School District 

BY. 

• 

BY: 

BY: 

Campground Baptist Church 

Lessee 

I 

APPROVED: 

BOARD OF SUPERVISORS 

HARRISON COUNTY, MISSISSIPPI 

ATIEST: 

John McAdams, Chancery Clerk 

BY: 

Board President 

• 

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314 

MINUTE BOOK 



• 

STATE OF MISSISS[PPI 


This day personally came and appeared before me, the undersigned authority in 

and for the aforesaid jurisdiction, Wavne Favre, President ofthe Board of Education of 

Harrison County School District, and Henrv Arledge, County Superintendent of 

Education ofsaid county, who acknowledged that they signed and delivered the 

foregoing instrument ofwriting on the day and year therein mentioned, for and on behalf 

ofsaid Board ofEducation, after having been first duly authorized so to do. 

I 

Given under my hand and official seal, this the "2-,+ -rV day of JAr...;. 200[" 



C{5lGdl' :f{ M01dw.:, 

N t P bI" c NoM.ry Public Stat. 01 MIssissippi A.I Lolr~" 

o ary U 1 ..., CQfnmlUlon Expires: AprU ... 20C3 

Bonded T~1\l Held&n, eroukt. r.. CY:!80nd. l""c 


and for the aforesaid jurisdiction, Rev. Harry Tapp, Campground Baptist Church, 

who acknowledged that they signed and delivered the foregoing instrument of writing on 

the day and year therein mentioned, for and on behalfofsaid corporation and as its 

official act and deed, after having been first duly authorized so to do. 

• 

I 

Given under my hand and official seal, this the2.lJ-.'fJaayo~~ 2000. 

qoaL if S:9:[,~ ~ >\,,,' 

Notary Public ..L ':':'.~ml3-&I.J" 'i..9Ir~i1: l 



~:'..:':~~'J Th;.o o-.:"Iden, Sr- .':;' G"'1'~ 


and for the aforesaid jurisdiction, 

, President and 

John McAdams, Clerk for the Board ofSupervisors ofHarrison County, Mississippi, who 

acknowledged that they signed and delivered the foregoing instrument of writing on the 

day and year therein mentioned, for and on behalfof said Board of Supervisors, after 

having been first duly authorized so to do. 

Given under my hand and official seal, this the__ day of ,2000, 

Notary Public 

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315' 

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MINUTE BOOK 



I 

• 

NON-DISTURBANCE AND ATTORNMENT AGREEMENT 

THIS NON-DISTURBANCE AND ATTORNMENT AGREEMENT (this "Agreement") 

is made and entered into this the~ day of.:TANUA1

316 

MINUTE BOOK 



• 

I 

Tenant does hereby agree to attorn to Ground -Lessor or to any such owner-as its landlord, and - 

Ground Lessor hereby agrees that it will accept such attommenl - 

3. Notwithstanding any other provision ofthis Agreement, Ground Lessor shall not be 

(a) liable for any default ofany landlord under the Lease (including Landlord), except that Ground 

Lessor agrees to cure any default ofLandlord that is continuing as ofthe date Ground Lessor takes 

possession of the Property within thirty (30) days from the date Tenant delivers written notice to 

Ground Lessor of such continuing default, unless such default is of such a nature to reasonably 

require more than thirty (30) days to cure and then Ground Lessor shall be pennitted such additional 

time as is reasonably necessary to effect such cure, provided Ground Lessor diligently and 

continuously proceeds to cure such default; (b) subject to any defenses which have accrued prior to 

the date ofGround Lessor's possession, unless Tenant shall have delivered to Ground Lessor written 

notice ofthe default which gave rise to such defense and pennitted Ground Lessor the same right 

to cure such default as permitted Landlord under the Lease; and (c) bound by any rent that Tenant 

may have paid under the Lease more than one month in advance. 

4. All notices which may be, or are required to be, sent under this Agreement shall be 

in writing and shall be sent by certified or registered U-S. mail, postage prepaid, return receipt 

requested, and sent to the party at the address appearing below or such other address as any party 

shall hereafter inform the other party by written notice given as set forth above: 

• 

I 

LANDLORD 

TW,INC. 

clo Worrell Investments, Inc. 

6909 Vassar 

Dallas, Texas 75205 

Attn: Mr. TenyN. Worrell, President 

With a copy to: 

Piper Marbury Rudnick & Wolfe 

1717 Main Street, Suite 4600 


Attn: Thomas L. Bloodworth, Esq. 

GROUND LESSOR 

Harrison County Board ofEducation 

P.O. Box 1090 


Attn: Henry Arledge, Superintendent 

DALDOCSII3ZSnJ99.\ 

TENANT 

Brinker Mississippi, Inc. 

6820 LBI Freeway 


Attn: General Counsel 

With statements and billings to: 

Brinker International, Inc. 



Attn: Property Accounting 

Chili's #577 (Gulfport, MS) 

67159.00.004 

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317 

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MINUTE BOOK 



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Albert Necaise, Esq. 

P.O. Box 717 


All notices delivered as set forth above shall be deemed effective three (3) business days from the 

date deposited in the U.s. mail 

5. Said Ground Lease shall not cover or encumber and shall not be construed as 

subjecting in any manner to the lien thereofany ofTenant's improvements or trade fixtures, furniture, 

equipment or other personal property at any time placed or installed in the Property. In the event the 

Property or any part thereofshall be taken for public purposes by condenmation or transfer in lieu 

thereof or the same are damaged or destroyed, the rights ofthe parties to any condenmation award 

or insurance proceeds shall be determined and controlled by the applicable provisions ofthe Lease. 

6. This Agreement shall inure to the benefit ofand be binding upon the parties hereto, 

their successors in interest, heirs and assigns and any subsequent owner ofthe Property covered by 

the Ground Lease. 

7. Tenant shall not be enjoined as a party/defendant in any action or proceeding which 

may be instituted or taken by reason or under any default by Landlord in the performance of the 

terms, covenants, conditions and agreements set forth in the Ground Lease. 

• 

By execution of this Agreement, Ground Lessor approves of the terms of the Lease and 

consents to Landlord and Tenant's execution thereof. The Lease shall govern and control the 

relationship as between Landlord and Tenant, and as to any matter not addressed in the Lease the 

Ground Lease shall control. . If a conflict arises between the provisions of the Lease and the 

provisions ofthe Ground Lease as between Landlord and Tenant, the provisions ofthe Lease shall 

control. 

I 

OALDOCSlI32lV1399. , 67159.00.004

318 

MINUTE BOOK 



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I 

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed 

as ofthe day and year first above written. 

WITNESS: 

WITNESS: 

GROUND LESSOR: 

HARRISON COUNTY BOARD OF 

EDUCATION 

..... " ... 

. . . . . . . . By'. - "::.~~~~~:::::~=----.:; . 

By:~ .uJ. d:~/U- 

President ofthe Board ofEducation 

TENANT: 

BRINKER MISSISSIPPI, INC., 

a Delaware corporation 

. . . . . . . . 

-:~/;:1i.; 

:~:>:~ 

• 

I 

WITNESS: 

By: 

Name: 

Title: 

LANDLORD: 

TW, INC., 

a Mississippi corporation 

_ 

_ 

_ 

• 

By: 

Name: 

Title: 

_ 

_ 

_ 

I 

DAl.DOCSimsnJ99.\ 

67\59.00.004 

•

319 

• 

MINUTE BOOK 



I 

STATE OF 

COUNTY OF 

"-'US>I ssiPPJ 

H-ARRI60f\J 

BEFORE ME, the undersigned authority, personally appeared 

• 

( IQc , to me well laJown and laJown to me to be the individual 

desc . ed in and who executed the foregoing instrument as Superintendent of Education and the 

President ofthe Board ofEducation ofHARRISON COUNTY BOARD OF EDUCATION and 

acknowledged to and before me that they executed such instroment in such capacity, and that said 

instrument is the free act and deed ofsaid individuals. 

WITNESS my hand and official seal this yef.h day of JI'JI'vI()P.J

320 

MINUTE BOOK 



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STATEOF 

COUNTYOF 

_ 

_ 

BEFORE ME, the undersigned authority, personally appeared , 

to me well known and known to me to be the individual described in and who executed the foregoing 

instrument as 

ofBRINKER MISSISSIPPI, INC., a Delaware corporation, and 

acknowledged to and before me that he executed such instrument as such 

ofsaid 

corporation, and that said instrument is the free act and deed ofsaid corporation. 

• 

(SEAL) 

WITNESS my hand and official seal this day of , 2000. 

Notary Public 


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DALDOCSilJ2Sf/l99.1 67159.00.004 

•

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MINUTE BOOK 



I 

321 

STATE OF 

COUNTY OF 

_ 

_ 


• 

__:---,-_~ -,--_' to me well known and known to me to be the individual 

described in and who executed the foregoing instrument as 

ofTW, INC., a 

Mississippi corporation, and severally acknowledged to and before me that he/she executed such 

instrument as such 

ofsaid corporation, and that said instrument is the free act and 

deed ofsaid corporation. 

WITNESS my hand and official seal this day of ~., 2000. 

(SEAL) 

I 

Notary Public 


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DALDOCSIlJ28nJ99.1 

67159.()D.DO~

322 

MINUTE BOOK 



EXHIBIT"A" 

• 

I 

PROPERTY DESCRIPTION OF A PORTION OF LOT B: 

A PARCEL OF LAND SITUATED IN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF 

SECTION 16, TOWNSHIP 7 SOUTH, RANGE 11 WEST, CITY OEGULFPORT, HARRISON 

. COUNTY, MISSISSl1'PI AND BEING MORE PARTICULARLY DESCRlBED AS FOLLOWS: 

COMMENCING at the Northeast comer ofSection 16, Township 7 South, Range 11 

West, Harrison County, Mississippi; 

THENCE SOUTH 89°42'00" WEST, a distance of71.44 ft.; 

THENCE SOUTH 00"08'23" WEST, a distance of 64.06 ft. to the 

intersection of the South right-of-way of Community Road and the 

west right-of-way ofKlein Road; 

THENCE SOUTH 89°36'43" WEST, along the said South right-ofway 

line ofCommunityRoad with an existing 100.00 ft. right-of-way 

for a distance of3,054.02 ft.; 

THENCE SOUTH 00°23'17" EAST, a distance of 194.20 ft.; 


THENCE SOUTH 00°23'17" EAST, a distance on.oo ft.; 

THENCE SOUTH 89°36'43" WEST, a distance of 100.00 ft.; 

THENCE SOUTH 00"23'17" EAST, a distance of 0.45 ft.; 

THENCE SOUTH 89°36'43" WEST, a distance of 130.71 ft. to the 

East right-of-way ofUS Highway 49; 

THENCE SOUTH 07"52'01" EAST, along said East right-of-way a 

distance of74.84 ft.; 



THENCE SOUTH 12"01 '07" EAST, along said East right-of-way a 

distance 299.65 ft.; 


distance of 102.17 ft.; 

THENCE SOUTH 08°59'47" WEST, along said East right-of-way a 


THENCE SOUTH 11 "47'34" EAST, along said East right-of-way a 




THENCE SOUTH 16°09'59" EAST, along said East right-of-way a 

distance 0[298.04 ft. to a point at the intersection ofthe South rightof-way 

of Crossroads Parkway and the East right-of-way of US 

Highway 49; 

• 

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I 

D,o.LDQCSlln8m63.Z 67159.00.00· 

•

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MINUTE BOOK 

BOARD OF SUPERVISORS, HARRISON COUNTY. MISSISSIPPI 


323 

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THENCE SOUTH 26°23'52" EAST, along said East right-of-way of 

US Highway 49 a distance of201.34 ft.; 

TO THE POINT OF BEGINNING; 

THENCE NORTH 63°34'59" EAST, a distance of 176.34 ft. to a 

point in a curve; 

THENCE in a Northwesterly direction along a curve to the left with 

a delta angel of22°31'56", a radius of286.00 ft.; a tangent of56.97 

ft., an arc length of 112.47 ft.; a chord bearing ofNORTH 25 ° 11 '43" 

WEST, a chord length of111.75' to a point on-i reverse curve; 

THENCE in a Northwesterly direction along a curve to the right with 

a delta angle of26°42'38", a radius of86.00 ft., a tangent of20.42 ft., 

an arc length of 40.09 ft., a chord bearing of NORTH 23 °06'17" 

WEST and a chord length of39.73 ft. to a point; 

THENCE NORTH 09°44'53" WEST, a distance of 15.00 ft. to a 

point in a curve on the South right-of-way ofCrossroads Parkway; 

THENCE in an EASTERLY direction along a curve to the right and 

the South right-of-wayofsaid Crossroads Parkwaywith a delta angle 

of 13°07'18", a radius of 804.50 ft., a tangent of 92.53 ft., an arc 

length of184.24 ft., a chord bearing ofNORTH 86 °48'51 "EAST, and 

a chord distance of 183.84 ft. to a point in a curve; 

THENCE in a Southerly direction on a curve to the right with a delta 

angle of 10°05'30", a radius of293.00 ft., a tangent of25.87 ft.; an 

arc length of51.61 ft., a chord bearing ofSOUTH 13 °08'23" EAST, 

and a chord length of51.54 ft. to a point; 

THENCE SOUTH 08°05'38" EAST, a distance of 268.83 ft. to a 

point; 

THENCE SOUTH 65°21'06" WEST, a distance of 176.41 ft. to a 

point; 

THENCE NORTH 25°20'01" WEST, a distance of 86.09 ft. to a 

point; 

THENCE SOUTH 66°25'12" WEST, adistanceof83.35 ft. to apoint 

on the Easterly right-of-way line ofUS Highway 49; 

THENCENORTH 26°23'52" WEST, along the Easterlyright-of-way 

line ofUS Highway 49 a distance of 116.47 ft. TO THE POINT OF 

BEGINNING. 

Said parcel contains 76,187 square feet or 1.7490 acres. 

I 

DALDOCSI132S17263.2 

67159.00.1 

•

324 

MINUTE BOOK 



• 

I 

• 

SUBLEASE AGREEMENT 

BY AND BETWEEN 

I 

TW,INC., 

as Landlord, 

and 

• 


as TeDant 

I 

DALDOCSJ I328/3911.4 

99999.99.999 

•

325 

• 

MINUTE BOOK 



.1 

T ABLE OF CONTENTS 

• 

1. Premises and Term 1 

2. Renewal Optionil. 2 

3. Construction 2 

4. Rent _ _ 6 

5. Holding Over bv Tenant _ _ 9 

I 

7. 

6. Conditions 9 

Uses 11 

8. Representations and Covenants 12 

9. Utilities 14 

10. Taxes. Assessments and other Governmental Impositions 14 

• 

ll. Insurance 15 

12. Easements __ .. _ _ _ _ _ 17 

13. Repairs and Surrender , 19 

I 

14. Alterations .. , 20 

15. :fullimment, Fixtures and Signs 20 

16. Damage by Fire or Other Casualty 20 

17. ......................................................... 22 

18. Liability and Indemnification 23 

19. 

20. 

Right ofInspection 23 

Warranty ofTitle and Quiet Enjovment _ _ 23 

21. Waiver ofSubrogation - . .. _'" ..... _. _. 2S 

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22. Force Majeure : 25 

23. Commissions _.. 26 

24. Landlord-Tenant Relationship - 26 

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25. Assignment and Subletting _ 26 

26. Memorandum ofLease; Commencement and Termination Agreement 27 

27. Notices and Payments 28 

28. 

29. 

Default _. 28 

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Hazardous Substances 31 

30. Miscellaneous 32 

LIST OF EXHIBITS 

Exhibit A 

Exhibit B 

Exhibit B-1 

Exhibit C 

Exhibit C-l 

Exhibit C-2 

Exhibit C-3 

Exhibit D 

Exhibit E 

Exhibit F 

Exhibit G 

Exhibit H 

Exhibit I 

TheTW Area 

The Site Plan 

The Entrance Drive 

The Land 

The Easement 

The Reserved Easement 

The Sign Easement 

Tenant's Final Plans and Specifications 

Memorandum Regarding Gulfport Chili's Reimbursement Issues 

Non-Disturbance and Attornment Agreement 

Memorandum ofLease 

Commencement and Termination Agreement 

The Guaranty 

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SUBLEASE AGREEMENT 

• 

This Sublease Agreement (this "Lease") is made and entered into by and between TW. INC., 

aMississippi corporation ("Landlord"), and BRINKERMISSISSIPPI, We., a Delaware corporation 

("Tenant"). 

I 

A. Reference is hereby made to that certain Sixteenth Section Commercial Lease 

Contract ("Master Lease") dated as ofDecember 21, 1995, made and entered into by and between 

Landlord, as tenant, and Harrison County Board of Education ("Master Landlord"), as landlord, 

recorded in Book 1322, beginning at Page 518 in the Records ofDeeds, State ofMississippi, County 

of Harrison, First Judicial District, covering certain premises described therein (the "TW Area"). 

The Premises (as defined below) are a portion ofthe TW Area. The TW Area is more particularly 

described on Exhibit A attached hereto and made a part hereof and is also shown on the Site Plan 

(herein so called) attached hereto as Exhibit B and made a part hereof. The Site Plan also depicts 

the (i) "Crossroads Shopping Center Land", (ii) "TWAD Leasehold Property", and (iii) "Royal 

Casino Leasehold Property" (as defined in the Restrictive Covenants, as defined below). 

B. Further reference is hereby made to that certain Agreement Regarding Restrictive 

• 

Covenants (the "Restrictive Covenants") dated as of July 28, 1998, made and entered into by and 

among Royal Casino Corporation, a Mississippi corporation ("Royal Casino"), Landlord, TWAD, 

Inc., a Mississippi corporation ("TWAD"), for the benefit ofGulfport Retail Partners, L.P., a Texas 

limited partnership ("GRP"), andjoined by Master Landlord, recorded in Book 1417, beginning Page 

529 in the Records ofDeeds, State ofMississippi, County ofHarrison, First Judicial District. 

I 

e. Landlord desires to sublease unto Tenant, and Tenant desires to sublease from 

Landlord, certain premises which are the subject of this Lease. 

Now, therefore, for and in consideration of the mutual covenants and provisions contained 

herein, and other good and valuable consideration, the receipt and sufficiency ofwhich is hereby 

acknowledged, the parties hereby agree as follows: 

• 

DALDOCS/I 32&iJ931 ,-1 

1. Premises and Term. 

(a) 

AGREEMENTS 

In consideration of the obligation ofTenant to pay rent as hereinafter provided and 

in consideration ofthe other terms, provisions and covenants hereof, Landlord hereby 

demises and subleases to Tenant, and Tenant hereby takes from Landlord, that certain 

tract or parcel of land consisting of approximately 76,187 square feet, more or less, 

located in Gulfport, Harrison County, Mississippi, the same being more particularly 

described on Exhibit C attached hereto and made a part hereof(the "Land"), together 

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(b) 

2. 

with any buildings and other improvements erected or to be erected thereon 

(collectively, the "Premises"), and together with the non-exclusive use ofall rights, 

privileges, easements and appurtenances belonging or in any way pertaining to the 

Land, TO HAVE AND TO HOLD the same for an initial term (the "Primary Term") 

commencing on the latest of the dates set forth next to the signatures of the parties 

hereto (the "Effective Date") and continuing through, and including, the last day of 

the calendar month in which the tenth (1 Q'h) anniversary ofthe Rent Commencement 

Date(as hereinafterdefined) occurs, except as maybe hereafter terminated, extended 

or renewed. The Premises are hereby subleased to Tenant by Landlord and the nonexclusive 

use ofall rights, privileges, easements and appurtenances belonging to the 

Premises are hereby granted to Tenant by Landlord; however, such sublease and use 

are subject to any and all matters ofrecord which affect the Premises, the Reserved 

Easement (defined in Paragraph 12(b)) and the terms, provisions and conditions of 

the Master Lease. 

3. Construction. 

(a) 

The "Rent Commencement Date" of this Lease shall be the first to occur of (i) the 

date on which Tenant shall open to the public the business operation to be conducted 

by Tenant on the Premises or (ii) the fifteenth (15th) day following the date a 

certificate ofoccupancy is obtained by Tenant for the Improvements [as hereinafter 

defined in Paragraph 3(a)]; provided, however, the Rent Commencement Date shall 

occur no later than the one hundred eightieth (180 th ) day after the date on which 

Tenant is required to conunence construction of the Improvements in accordance 

with Paragraph 3(e2- 

Renewal Options. Provided that a Tenant Event ofDefault (as hereinafter defined 

in Paragraph 28 (a) does not remain uncured (beyond any applicable cure period 

provided in this Lease) at the time of exercise of the respective option, Landlord 

hereby grants to Tenant the right and option to extend the term ofthis Lease for four 

(4) separate consecutive renewal terms of five (5) years each (the "Renewal Term" 

or "Renewal Terms," as appropriate), the Renewal Terms to begin upon the 

expiration ofthe Primary Term orprior Renewal Term. All ofthe terms, provisions 

and covenants ofthis Lease shall apply to each ofthe Renewal Terms, inclUding the 

change in the Base Rent [as hereinafter defined in Paragraph 4(al] set forth in 

Paragraph 4(a). Tenant shall exercise each such option by delivering to Landlord 

written notice of its election to renew no later than sixty (60) days prior to the 

expiration ofthe PrimaryTerm or Renewal Term, as is applicable. Failure ofTenant 

to exercise timely any ofthe renewal options shall result in all such renewal options 

terminating as ofthe expiration ofthe period for Tenant to deliver to Landlord such 

renewal notice. 

Approval of Plans and Specifications. Within thirty (30) days after the Effective 

Date, ifLandlord requests, Tenant shall deliver to Landlord copies ofa survey, "asbuilt" 

engineer's certification, legal description, geotechnical soils report and 

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environmental phase I report ofthe Land. Landlord shall make available any copies 

ofsoil tests it has in its possession forTenant's review, Cost ofsaid survey,"as-built" 

engineer's certification, legal description, geotechnical soils report and environmental 

phase I report shall be borne by Tenant but a credit in the full amount ofsame will 

be permitted from Base Rent following the Rent Commencement Date ofthis Lease 

not to exceed $7,923,00, provided that Tenant has provided Landlord with copies of 

applicable invoices, As ofthe Effective Date, Tenant has delivered to Landlord the 

Final Plans and Specifications (herein so called) of the building and other related 

improvements (collectively, the "Improvements"). Tenant represents and warrants 

that the Improvements described in the Final Plans and Specifications are generally 

in accordance with Tenant's current prototypical plans and specifications for a Chili's 

Grill & Bar restaurant, and that Tenant intends to have the Improvements constructed 

on the Land, all ofwhich Tenant intends to be generally in accordance with Tenant's 

Preliminary Plans and Specifications (herein so called) attached hereto as Exhibit D 

which Preliminary Plans and Specifications are hereby approved by Landlord_ 

Subject to the foregoing representation and warranty, the parties hereby stipulate that 

the Final Plans and Specifications are hereby approved by Landlord, and the Final 

Plans and Specifications shall be deemed a part hereof. Upon approval ofthe Final 

Plans and Specifications by Landlord, Landlord and Tenant shall, if requested by 

either party, sign a letter confirming such approval, and the Final Plans and 

Specifications shall be deemed a part hereof Landlord's approval of Preliminary 

Plans and Specifications and/or the Final Plans and Specifications by Landlord shall 

not constitute anyrepresentation or warranty as to same being in compliance with any 

applicable laws, statutes, regulations, ordinances, rules or orders with respect to the 

contents ofTenant's Preliminary Plans and Specifications and/or the Final Plans and 

Specifications. 

DeliveD!-Qf Land and Utilities. On or before January _' 2000 (the "Premises 

Delivery Date"), subject to Paragraph 22 below, Landlord shall deliver to Tenant the 

Land, including any utilities, in an "AS-IS" condition. UPON THE PREMISES 

DELIVERY DATE, TENANT ACCEPTS THE LAND AND UTILITIES "AS-IS" 

WITH ALL FAULTS AND DEFECTS, LATENT AND PATENT, AND TENANT 

ACKNOWLEDGES AND AGREES THAT LANDLORD HAS NOT MADE AND 

DOES NOTMAKE M'D SPECIFICALLY DISCLAIMS ANY REPRESENTAnONS, 

WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF 

ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR 

IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, 

CONCERNING OR WITH RESPECT TO (A) THE NATURE, QUALITY OR 

CONDITION OF THE LAND M'D UTILITIES, INCLUDING, WITHOUT 

LIMITATION, THE WATER, SOIL, GEOLOGY AND GRADING, OR THE 

PRESENCE OR ABSENCE OF ANY POLLUTANT, HAZARDOUS WASTE, GAS 

OR SUBSTANCE OR SOLID WASTE ON OR ABOUT THE LAND, (B) THE 

INCOME TO BE DERIVED FROM THE LAND, (C) THE SUITABIl,ITY OF THE 

LAND AND UTILITIES FOR THE USE SET FORTH IN PARAGRAPH 7, (D) THE 

COMPLIANCE OF OR BY THE LAND AND UTILITIES OR ANY OPERATION 

OF OR ON THE LAI'

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MINUTE BOOK 



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(c) 

JURISDICTION INCLUDING, WITHOUT LIMITATION, ALL APPLICABLE 

ZONING LAWS, (E) THE HABITABILITY, MERCHANTABILITY OR FITNESS 

FOR A PARTICULAR PURl'OSE OF THE LAND, OR (F) ANY OTHER MATTER 

RELATED TO OR CONCERNING THE LAND M'D UTILITIES. TENANT SHALL 

NOT SEEK RECOURSE AGAINST LANDLORD ON ACCOUNT OF ANY LOSS, 

COST OR EXPENSE SUFFERED OR INCURRED BY TENANT WITH REGARD 

TO ANY OF THE MATTERS DESCRIBED IN CLAUSES (A) THROUGH (F) 

ABOVE AND HEREBY ASSUMES THE RISK OF ANY ADVERSE MATTERS 

RELATED TO THE MATTERS DESCRIBED IN SUCH CLAUSES. TENANT 

ACKNOWLEDGES THAT HAVING BEEN GIVEN THE OPPORTUNITY TO 

INSPECT THE LAND AND THE UTILITIES, TENANT IS RELYING SOLELY ON 

ITS OWN INVESTIGATION OF THE LAND AND THE UTILITIES AND NOT ON 

ANY INFORMATION PROVIDED AND TO BE PROVIDED BY OR ON BEHALF 

OF LANDLORD, OR ANY STATEMENT, REPRESENTATION OR OTHER 

ASSERTION MADE BY LANDLORD WITH RESPECT TO THE LAND AND THE 

UTILITIES. TENANT FURTHERACKNOWLEDGES THAT NO INDEPENDENT 

INVESTIGATION OR VERIFICATION HAS BEEN OR WILL BE MADE BY 

LANDLORD WITH RESPECT TO ANY INFORMATION SUPPLIED BY OR ON 

BEHALFOFLANDLORO CONCERNINGTHE LAND AND THE UTILITIES, AND 

LANDLORD MAKES NO REPRESENTATION AS TO THE ACCURACY OR 

COMPLETENESS OF SUCH INFORMATION, IT BEING INTENDED BY THE 

PARTIES THAT TENANT SHALL VERIFY THE ACCURACY AND 

COMPLETENESS OF SUCH INFORMATION ITSELF. TENANT 

ACKNOWLEDGES THAT THE DISCLAIMERS, AGREEMENTS AND OTHER 

STATEMENTS SET FORTH IN THIS SECTION ARE AN INTEGRAL PORTION 

OF TIDS AGREEMENT AND THAT LANDLORD WOULD NOT AGREE TO 

LEASE THE PREMISES FOR THE RENTAL AMOUNT SET FORTH HEREIN 

WITHOUT THE DISCLAIMERS, AGREEMENTS AND OTHER STATEMENTS 

SET FORTH IN THIS PARAGRAPH. If Landlord fails to deliver the Land and 

utilities thereon by the Premises Delivery Date, subject to Paragraph 22 below, then 

in addition to any other remedies which Tenant mayhave hereunder, Tenant may, at 

its sole option, terminate this Lease bywritten notice to Landlord. Notw"ithstanding 

any statement to the contrary, ifthe water line to service the Premises is located such 

that Tenant is unable to connect to the sanitary sewer system, Tenant agrees that it 

shall immediately inform Landlord ofsame and provide Landlord with (i) a proposal 

which would enable such connection but would minimize the disturbance to the 

water line serving the Premises and (ii) an estimate of the expense to enable such 

connection. Landlord agrees to reimburse Tenant for the reasonable cost and expense 

approved by Landlord and incurred by Tenant with respect to the work described in 

the proposal upon receipt ofactual invoices and copies ofIien waivers, provided that 

Landlord's reimbursement obligation shall not exceed $5,000.00. Landlord shall 

have tw"o (2) business days from its receipt of the aforementioned estimate and 

proposal to accept or reject same. 

Entrance Drive to the Premises. On or before the date which is forty-five (45) days 

after the date on which Tenant completes construction of the Improvements, the 

entrance to the Premises (the "Entrance Drive") shall be completely constructed by 

Tenant in accordance with those plans and specifications (the "Entrance Drive 

DALDOCS/I328/J931.4 4 99999.99.9'19 

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MINUTE BOOK 



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(d) 

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(e) 

Plans") which Tenant represents it has submitted to Landlord for review and 

approval. Tenant hereby covenants that the Entrance Drive shall be constructed so 

that the pavement can withstand the load ofa loaded eighteen (18)-wheel truck trailer 

combination without causing extraordinary wear and tear on the pavement. The 

parties hereto stipulate that the Entrance Drive Plans have been agreed upon by and 

betweenTenant and Landlord. Landlord's approval ofthe Entrance DriVe Plans shall 

not constitute any representation orwarranty as to samebeingin compliance with any 

applicable laws, statutes, regulations, ordinances, rules or orders with respect to the 

contents thereof. Tenant and Landlord agree that the Entrance Drive shall not be less 

than twenty-eight feet (28') in width and shall be located in approximately the area 

depicted on Exhibit B-1, attached hereto and made a part hereof, and located upon 

the Easement (defined in Paragraph 12(a) and the Reserved Easement (defined in 

Paragraph 12(b). 

Architect and General Contractor. Selection of an architect and general contractor, 

as well as all otherpersons to be employed in connection with the construction ofthe 

Improvements, shall be at the sole discretion of Tenant. Any architect shall be a 

member in good standing of the American Institute of Architects or of another 

organization having comparable accreditation. In lieu ofthe foregoing, the architect 

may be an employee ofTenant or an affiliate of Tenant. The general contractor's 

financial condition and responsibility shall be such as to enable Landlord to obtain 

a performance bond, ifdesired. However, it is expressly understood and agreed that 

Tenant, or any affiliate of Tenant, may act as general contractor for purposes of 

constructing the Improvements, regardless of the foregoing requirements. 

Commencement ofTenant's Construction. Upon the expiration (or Tenant's earlier 

waiver) ofthe Conditions Period (without earlier termination ofthis Lease by Tenant 

in accordance with its terms), Tenant shall commence to construct, or cause to be 

commenced, the Improvements in accordance with Final Plans and Specifications 

and the Entrance Drive and Tenant shall thereafter pursue completion of such 

construction with alJ reasonable diligence and in a good and workmanlike manner. 

I 

(f) Completion of Tenant's Constnlction. In any event, Tenant shall complete 

construction of the Improvements and the Entrance Drive within two hundred ten 

(210) days of the date construction of the Improvements is commenced, subject to 

the provisions ofParagraph 22. 

(g) 

Tenant Reimbursement. Landlord shall reimburse Tenant, in the manner and at the 

time specified hereinbelow, for an amount equal to the lesser of(i) the actual cost of 

completing the work described on Exhibit E attached hereto (the "Additional Wark") 

or (ii) TWENTY-ONE THOUSAND NlNE HUNDRED AND NOnOO DOLLARS 

($21,900.00) (the "Tenant Reimbursement"). The Tenant Reimbursement shall be 

the Landlord's total and complete financial obligation with regard to the costincurred 

by Tenant in completing the Additional Work, and any costs in excess thereofshall 

be borne by Tenant, from and against which Tenant shall hold Landlord harmless. 

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(h) 

4. RenJ. 

The Tenant Reimb~rsement shall be paid by Landlord to Tenant after the date on 

which the Additional Work is completed, providedlhat Tenant shall have furnished 

Landlord with an invoice and fully executed lien waivers for same, together with 

reasonably satisfactory supporting documentation ofthe cost and completion ofsuch 

work. Ifthe Landlord fails to pay Tenant the Tenant Reimbursement within fifteen 

(15) days after its receipt of the foregoing invoice, lien waivers and supporting 

information, such unpaid amount of the Tenant Reimbursement shall bear interest 

until the date paid in full at a rate equal to the lesser of(x) eighteen percent (18%) per 

annum or (y) the maximum interest rate permitted by law. 

Infrastructure Expense Reimbursement. Other than those obligations ofTenant set 

forth herein, if any, with respect to the construction and development of 

infrastructure on the Premises and the wetlands permitting requirements for the 

Premises, Tenant shall not have any obligation to reimburse Landlord for any cost or 

expense, nor incur any· cost or expense, with respect to the construction and 

development of the infrastructure on the TW Area (excluding the Land), the 

Crossroads Shopping Center Land, the TWAD Leasehold Property and the Royal 

Casino Leasehold Property and the wetlands permitting requirements for same. 

• 

I 

(a) Base Rent. Tenant shall pay rent to Landlord during the term of this Lease, and 

during any Renewal Term, as set forth below (the "Base Rent"): 

Term Monthly Installment Annual Base Rent 

Primary Term $5,416.66 per month $65,000.00 

1" Renewal Term $5,833.33 per month $70,000.00 

2 nd Renewal Term $6,250.00 per month $75,000.00 

3 rd Renewal Term $6,666.66 per month $80,000.00 

4 th Renewal Term $7,083.33 per month $85,000.00 

• 

(b) 

One such monthly installment shall be due and payable on or before the Rent 

Commencement Date and a like monthly installment shall be due and payable on or 

before the first day ofeach succeeding calendar month during the Primary Term and 

any Renewal Tenn; provided, however, that Tenant shall receive a credit against the 

first monthly installment ofBase Rent as provided in Paragraph 3(a) hereof. Base 

Rent for any fractional month at the beginning or the end ofthe tenn hereof shall be 

prorated. 

Percentage Rent. As additional rent hereunder, Tenant shall pay to Landlord for each 

calendar year during the term ofthis Lease an amount ("Percentage Rent") equal to 

the product of three percent (3.0%) multiplied by the amount by which Gross 

Receipts (hereinafter defined) derived from the Premises during each such calendar 

I 

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MINUTE BOOK 



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333 

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year exceeds the respective applicable Break Point during the term ofthis Lease, and 

such respective Break Points shall be as follows: 

Primary Term 

1st Renewal Term 

2nd Renewal Term 

3rd Renewal Term 

4'h Renewal Term 

Break Point 

$2,550,000.00 

$2,746,153.00 

$2,942,307.00 

$3,138,461.00 

$3,334,614.00 

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(i) 

(ii) 

In computing the Percentage Rent for the first calendar year or the last 

calendar year, as the case maybe, ifsuch calendar year shall contain less than 

three hundred sixty-five (365) days, then the Break Point shall be multiplied 

by a fraction, the numerator of which shall be the number of days in such 

shorter calendar year, and the denominator ofwhich shall be three hundred 

sixty-five (365). 

The term "Gross Receipts" shall mean the aggregate amount of all sales 

(whether for cash, on credit or otherwise) offood, beverages, goods, articles 

and any other merchandise, and the aggregate of all charges for services 

perfolmed (whether for cash, on credit or otherwise) made and rendered in, 

about Or in connection with the Premises (whether or not through a private 

club) by Tenant and its assignees, sublessees and licensees, including sales 

derived from the redemption of gift certificates, off-premises sales and 

monies derived at or away from the Premises so long as they are in 

connection with the business operation conducted on the Premises, and the 

aggregate amount of all receipts ofTenant with respect to all sales made or 

performed by means ofmechanical or electronic games or devices, but shall 

not include any Federal, State, municipal or other sales, value added or 

retailer's excise taxes paid or accrued by Tenant, regardless ofwhether such 

taxes are collected from customers or absorbed byTenant, sales to employees 

or complimentary sales, discounts afforded customers from the redemption 

of coupons, fees paid by Tenant to credit card issuers and processors, 

condemnation proceeds, proceeds ofinsurance policies received by Tenant, 

bulk and/or intercompany transfers of food and/or inventory (provided no 

such transfer is made to avoid liability for Percentage Rent), proceeds from 

the sale of used restaurant equipment, alcohol beverage corrunission fees 

charged for private club memberships, if any, sales from cigarette vending 

machines and pay telephones and the sale of gift certificates. Tenant 

represents and warrants to Landlord that Tenant's accounting system includes 

such value ofgift certificates, upon redemption ofsame, in the calculation of 

Gross Receipts, but prior to redemption the purchased and unredeemed 

certificates are accounted for as liabilities in Tenant's accounting system and 

are not included in Gross Receipts. 

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(iii)· 

(iv) 

Within sixty"(60) days after the end of each calendar year, Tenant shall 

deliver to Landlord a written statement setting forth the amount ofTenant's 

Gross Receipts for the preceding calendar year. Simultaneously with the 

delivery ofsuch statement, Tenant shall pay to Landlord the Percentage Rent 

shown by such statement to be then due and owing. During any calendar 

year, Tenant, at its option, may make monthly or quarterly payments to 

Landlord in anticipation of the Percentage Rent due at the end of such 

calendar year, but Tenant's actions in this respect from time to time shall 

never be construed as entitling Landlord to the payment ofPercentage Rent 

other than within sixty (60) days after the end ofeach calendar year, nor shall 

it affect or change Tenant's obligation to deliver a written statement ofGross 

Receipts and to pay all accrued Percentage Rent due to Landlord within sixty 

(60) days after the end ofeach calendar year. 

Tenant shall maintain and preserve, or cause to be maintained and preserved 

at the principal office of Tenant in accordance with generally accepted 

accounting practices for the type of business conducted by Tenant on the 

Premises, full, complete, accurate and detailed books, records and accounts 

of its daily Gross Receipts, both for cash and on credit, derived from the 

business operation c011ducted on the Premises; provided, however, Tenant 

shall not be required to preserve any sales checks or cash register tapes for 

more than one (1) year following delivery ofthe written statement provided 

for hereinabove, or other books, records and accounts for a period ofmore 

than two (2) years after the end of the calendar year covered thereby. 

Landlord or its agents may inspect any and all records in Tenant's possession 

which relate to Gross Receipts from the Premises at Tenant's principal 

business office at any time during normal business hours and normal working 

days upon prior reasonable notice. Such examination shall be conducted in 

a manner which will not interfere unreasonably with the business conducted 

at Tenant's principal office. Landlord may once in any calendar year cause 

an audit of the Gross Receipts from the business operation conducted by 

Tenant on the Premises for the immediately preceding calendar year to be 

made by an independent certified public accountant ofLandlord's selection, 

and if the written statement of Gross Receipts previously delivered to 

Landlord shall be found to be inaccurate, Landlord and Tenant shall make 

appropriate adjustments so that Landlord shall receive the full Percentage 

Rent to which it is entitled, and only such amount. Landlord shall pay for the 

cost of such audit unless the audit shall disclose Gross Receipts of three 

percent (3%) or more in excess ofthe Gross Receipts theretofore reported by 

Tenant for that particular calendar year, in which case Tenant shall promptly 

pay to Landlord the reasonable cost ofsaid audit in addition to the deficiency 

in Percentage Rent. 

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(c) 

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(d) 

Additional Rent. The total amount of interest, Taxes (defined in Paragraph 10Ca) 

and Percentage Rent payable by Tenant hereunder is collectively defined herein as 

"Additional Rent." 

Place of PaYment. All payments of Base Rent, Additional Rent and any other 

amounts payable pursuant hereto shall be made to Landlord as the same shall become 

due in lawful money of the United States of America at the address specified in 

Paragraph 27 of this Lease, or to such other party or at such other address as 

hereinafter may be designated by Landlord by written notice delivered to Tenant at 

least ten (10) days prior to the next ensuing monthly rental payment date. 

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6. 

S. Holding Over bv Tenant. 

Should Tenant or any assignee, sublessee or licensee of Tenant fail to vacate the Premises 

or any part thereof after the expiration of the Primary Term or any Renewal Term hereof, 

then unless otherwise agreed in writing and upon Landlord's deposit ofTenant's payment of 

monthly Base Rent and Additional Rent, ifany, such failure to vacate shall constitute and be 

construed as a tenancy from month-to-month upon the same terms and conditions as set forth 

in this Lease, except at the Base Rent herein then provided plus fifty percent (50%) ofsuch 

amount, plus Percentage Rent (based upon the Break Point set forth herein and in effect 

immediately prior to the expiration ofthe term) and Additional Rent. 

Conditions. 

Anything herein to the contrary notwithstanding, it is expressly understood and agreed that 

Tenant shall be entitled to terminate this Lease bywritten notice delivered to Landlord within 

thirty (30) days after the Effective Date [said thirty (30) day period hereafter being called the 

"Conditions Period"], in the event any ofthe following conditions shall remain unsatisfied, 

in Tenant's sole discretion, each ofwhich Tenant agrees to diligently pursue: 

I 

(a) 

(b) 

Tenant shall have received evidence satisfactory to it that the Land is zoned for use 

as a restaurant, with related bar and/or cocktail lounge, including any conditional or 

special use permits required under applicable zoning ordinances; 

Tenant shall have obtained (i) a geotechnical soils report (the "Soils Report") 

establishing that (x) no surface or subsurface conditions or contamination exists on 

the Land which would increase materially the cost ofconstruction ofa commercial 

structure to be used for a restaurant, and (y) no drainage problems exist which would 

substantially interfere with the full use of the entire Premises by Tenant for a 

restaurant, and (ii) a phase I environmental site assessment (the "Environmental 

Report") establishing that Tenant would not be subject to potential liabilities 

resulting from any hazardous wastes or hazardous substances at the Land; 

• 

(c) 

Tenant shall have received evidence satisfactory to it that all utility service 

cOlli1ections, including, without limitation, water, electricity, natural gas, sanitary 

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(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

sewer, storm sewer and telephone service, are available for hook-up within three (3) 

feet of the rear ofthe proposed building site, with capacities sufficient for Tenant's 

intended use thereofas set forth in Exhibit D attached hereto; 

Tenant shall have obtained, or received evidence satisfactory to it that it will be able 

to obtain, from all required private parties (ifany) and the appropriate governmental 

authorities, all approvals, permits and licenses necessary for the construction and 

operation ofthe Improvements, including acceptable standard building, monument 

and pole signage for a Chili's Grill & Bar restaurant; 

Tenant shall have obtained, or received evidence satisfactory to it that it will be able 

to obtain, from the appropriate governmental authorities all penuits and licenses 

necessary for the on-premises sale and consumption ofwine, beer, cocktails and other 

alcoholic beverages on the Premises; 

Tenant shall be satisfied that it will be able to construct all necessary driveways and 

curb cuts to adjacent streets from the Premises in numbers and at locations 

reasonably acceptable to Tenant; 

Tenant shall have obtained a commitment for title insurance for the Premises (the 

"Commitment") and a current survey ofthe Land certified for the benefit ofTenant 

(the "Survey"), and such Commitment (including the property taxes and assessments 

affecting the Land which are described therein) and the Survey shall be satisfactory 

to Tenant; 

Tenant will be able to procure a general contractor and construction contract relating 

to the construction of the Improvements in an amount reasonably satisfactory to 

Tenant; 

Tenant shall be satisfied that the level of assessments and taxes affecting the Land 

are reasonable for use ofthe Land as a restaurant, with related bar and/or a cocktail 

lounge; 

• 

I 

U) Tenant shall be satisfied with the construction of Crossroads Parkway by the State 

Highway Department; 

(k) 

Tenant shall be satisfied with the construction ofthe seven (7') foot fill to bring the 

Land out ofthe floodplain and wetlands area. 

In the event that Tenant does not deliver the prescribed tennination notice to Landlord on or 

prior to the expiration ofsuch thirty (30) day period (time being ofthe essence), then Tenant 

shall no longer have the right to tenninate this Lease pursuant to the provisions of this 

Paragraph 6. 

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(a) Permitted Use. Tenant may use the Premises for the operation of a restaurant, a 

related bar and/or cocktail lounge and such other uses as are incidental to the 

• 

operation thereofand for any other lawful purpose, with the prior written consent of 

Landlord, which consent shall not be unreasonably withheld, delayed, conditioned 

Or denied ifthe proposed purpose does not directly conflict with any (i) exclusive use 

which has been granted to another occupant ofthe TW Area (excluding the Land), 

the Crossroads Shopping Center Land, the TWAD Leasehold Property or the Royal 

Casino Leasehold Property and affects the Premises at the time of the proposed 

change of use and/or (ii) restrictions of to which this Lease is subject. 

Notwithstanding anything to the contrary contained herein and subject to ParagraQh 

KG} below, at any time following the first year ofthe Primary Term, Tenant shall not 

be required to continuously operate its business in the Premises or keep the same 

open to the public; provided, however, that, Tenant shall at all times continue to pay 

Base Rent, Additional Rent and any other monetary obligations which become due 

and payable pursuant to the terms and provisions of this Lease. 

I 

• 

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(b) 

Exclusive Use. As long as Tenant has not ceased operations on the Premises for 

more than sixty (60) consecutive days as a restaurant, a related bar and/or cocktail 

lounge, Landlord agrees to not lease space in the TW Area (excluding the Land), nor 

permit to be leased space on the TWAD Leasehold Property, or convey any 

outparcel, pad or free-standing site located in the TW Area (excluding the Land), nor 

permit to be conveyed any outparcel, pad or free-standing site located in the TWAD 

Leasehold Property, to another "sit-down, table service restaurant" both (x) serving 

alcoholic beverages and (y) operating with a "varied-menu" theme selling 

hamburgers, ribs, or fajitas, such as, for example purposes only, those restaurants 

presently operating as a Bennigan's, Cheddar's, Houlihan's, Logan's Roadhouse, 

Ruby Tuesday's and TGI Fridays. The term "varied-menu" theme restaurant shall 

mean a casual dining restaurant selling a wide variety ofbeef, fish, chicken, pastas, 

soups, salads and sandwiches, appetizers and desserts, together with liquor, beer and 

wine, at popular prices in a sit-down, table service casual dining setting, the decor 

and atmosphere ofwhich is centered around a nostalgic or other specialized theme. 

For the purposes hereof, a restaurant shall not be considered to be a "varied-menu" 

theme restaurant solely by reason of the fact that such restaurant does in fact, offer 

a variety ofmenu items. For purposes hereof, any ethnic or specialtyrestaurant such 

as, bywayofexampleonly, Mexican, German, Italian, Chinese, seafood, steakhouse, 

chop house, chicken, barbecue or other restaurant with a specialty menu or featured 

food item menu, including by way of example only, an Olive Garden, Red Lobster, 

EI Chico or Landry's, shall not be deemed to be a "varied menu" theme restaurant. 

For the purposes hereof, Tenant shall not be deemed to have ceased operations in the 

event that it is closed for remodeling, renovating, or restoring the restaurant building 

following a casualty, provided such closure does not exceed one hundred eighty(l80) 

days. Notwithstanding anything to the contrary, this exclusive use restriction shall 

not apply to (i) the Crossroads Shopping Center Land, (ii) the real property subleased 

• 

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(e) 

to Adkins' Backyard Burgers, (iii) the real propertysubleased to O'Charley's, and (iv) 

the Royal Casino Leasehold Property. 

Go Dark. In the event Tenant has not had the Premises open to the public or has not 

continuously operated its business in the Premises for a period in excess of six (6) 

consecutive calendar months, then following the end of such six (6) month period 

and continuing unttl Tenant shall reopen the Premises to the public or recommence 

operations in the same, Landlord shall have the option to temlinate this Lease upon 

thirty (30) days prior written notice to Tenant, in which event (i) all rents accrued as 

ofthe date ofsuch termination shall bepaid byTenant, (ii) Landlord shall payTenant 

the unamortized value of the Improvements (using fifteen [15] year straight-line 

depreciation) except, in the event offire or othercasualtyorcondemnation, in which 

case Landlord shall not have any obligation to pay Tenant the unamortized value of 

the Improvements, and (iii) all obligations ofTenant and Landlord under this Lease 

shall terminate and this Lease shall be of no further force and effect. For purposes 

hereof, Tenant shall not be deemed to have ceased operations or closed its business 

to the public ifTenant or its successor is remodeling, renovating orreconstructing the 

Improvements as a result of an assignment, sublease, casualty or condemnation; 

provided such closure does not exceed one hundred eighty (180) days, and in the 

event such closure exceeds one hundred eighty (180) days from the date Tenant or 

its successor ceases operations to the public, Landlord shaH have the option to 

terminate in accordance with the provisions set forth herein exceptLandlord shaH not 

have any obligation to pay Tenant the unamortized value ofthe Improvements. 

• 

I 

8. Representations and Covenants. 

(a) 

As ofthe Effective Date ofthis Lease, Landlord represents, warrants and covenants 

to the Tenant as follows: 

• 

(i) 

(ii) 

(iii) 

(iv) 

That Landlord has good and marketable leasehold title to the Premises, 

possesses full power and authority to deal therewith in all respects and no 

other partyhas any right or option thereto or in cOlUlection therewith, except 

for the Master Landlord; 

That Landlord has received no written notice of(and Landlord has no current, 

actual knowledge of) any actual or threatened condemnation proceedings or 

actions affecting the Premises; 

There are no pending or, to the current, actual knowledge of Landlord 

threatened actions or legal proceedings affecting the Premises or Landlord's 

interest therein; 

That, to the current, actual knowledge of Landlord, there are no unpaid 

special assessments for sewer, sidewalk, water, paving, electrical or power 

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improvements or other capital expenditures or improvements, matured or 

unmatured, affecting the Premises; 

• 

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(v) 

(vi) 

(vii) 

(viii) 

That this Lease and the consummation of the transactions contemplated 

hereby shall be valid and binding upon Landlord and shall not constitute a 

default (or an event which with notice or passage of time or both will 

constitute default) under any contract to which. Landlord is a party or by 

which it is bound; 

That Landlord has not received notice of, norhas Landlord any current, actual 

knowledge of, any current violation ofany law, regulation, ordinance, order 

or other requirement ofany govenunental authority having jurisdiction over 

or affecting any part ofthe Premises; 

That Landlord is not obligated on any contract, lease or other agreement, 

written or oral, with respect to the ownership, use, operation or maintenance 

ofthe Premises, other than contracts, leases and agreements which have been 

disclosed to Tenant in writing, including the Master Lease, or shown On a 

current title report with respect to the Premises; and 

Thatthe use ofthe Premises in accordance with Paragraph 7 hereof, including 

the sale ofall items currently on the Chili's Grill & Barmenu, will not violate 

the terms and provisions of any other lease for space upon the Crossroads 

Shopping Center Land or any restriction affecting the Premises. 

• 

(b) 

As ofthe Effective Date ofthis Lease, Tenant represents, warrants and covenants to 

Landlord that this Lease and the consummation of the transactions contemplated 

hereby shall be valid and binding upon Tenant and shall not constitute a default (or 

an event which with notice or passage oftime or both will constitute default) under 

any contract to which Tenant is a party or by which it is bound. 

I 

(c) 

Landlord covenants that no building greater than twenty-five feet (25') in height 

measured from finished sidewalk graded main entry elevation shall be constructed 

on the Adjacent Property during the term ofthis Lease without the prior consent of 

Tenant which consent may not be unreasonably withheld, delayed, conditioned or 

denied ifthe height ofthe proposed building does not unreasonably interfere with the 

visibility of the Improvements from Crossroads Parkway or U.S. Highway 49. If 

Tenant fails to respond within ten (10) days from receipt of Landlord's notification 

ofthe intent to construct a building in excess ofthe height limitation set forth herein, 

Tenant shall be deemed to have consented thereto. 

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Tenant shall pay all charges incurred for the use ofutility services at the Premises including, 

without limitation, gas, electricity, water, sanitary sewer, storm sewer, cable television and 

telephone. Landlord shall not be liable for any interruption of utility services whatsoever. 

10. Taxes, Assessments and other Governmental Impositions, 

• 

(a) 

Tenant shaH pay before they become delinquent all real estate taxes (both real and 

personal), assessments (both general and special) and othergovernmental impositions 

(collectively, "Taxes") lawfully created and assessed against the Premises or any part 

thereoffrom the Rent Commencement Date and during the term hereof, Any Taxes 

created, levied, or arising prior to the Rent Commencement Date ofthis Lease, any 

installment ofany such Taxes created prior to the Rent Commencement Date or any 

Taxes applicable to a period of time prior to the Rent Commencement Date, but 

assessed or otherwise imposed during the term hereof, shall be paid by Landlord. 

Tenant shall deliver to Landlord, if requested, receipts or other reasonably 

satisfactory evidence ofpayment ofall such Taxes so paid by Tenant. The Premises 

are not taxed Or assessed as a parcel separate from the TW Area. Tenant will pay 

Landlord, as Additional Rent, an amount equal to Tenant's proportionate share of 

Taxes, Tenant's proportionate share shall be reasonably determined by the sum of(i) 

the amount ofTaxes assessed specificallyagainst the Improvements only, and (ii) the 

product obtained by multiplying such Taxes assessed against the tax parcel ofwhich 

the Premises is a part by a fraction, the numerator of which is the total number of 

square feet of the Premises and the denominator of which is the total number of 

square feet ofthe tax parcel ofwhich the Premises is a part. 

It is agreed, however, that Tenant, at its sole cost and expense, may dispute and 

contest the same (in its own name or in the name ofLandlord, or in the name ofboth, 

as it may deem appropriate), and in such cases the disputed charge need not be paid 

until finally adjudged to be valid. At the conclusion ofsuch contest, Tenant shall pay 

the charge contested to the extent it is held valid, together with all court costs, 

interest, penalties and other expenses relating thereto, Nothing herein contained, 

however, shall be construed as to allow such items to remain unpaid for such length 

oftime as shan permit the Premises (or any part thereot) to be sold by governmental, 

city or municipal authorities for the non-payment of the same. 

I 

• 

If, at any time, in the judgment of Landlord reasonably exercised, it shall become 

necessary to do so, Landlord, after written notice to Tenant, may, under protest ifso 

requested by Tenant, pay such monies as may be required to prevent the sale ofthe 

Premises or any part thereof, Or forec losure ofthe lien created thereon by such item, 

and such amount shall become immediately due and payable by Tenant to Landlord 

and shall constitute additional rent hereunder, or at Tenant's option and at Tenant's 

sole cost and expense, in lieu thereof, Tenant shall obtain lien release bonds in 

amounts equal to the claims ofany such liens or as otherwise required by applicable 

OAlDOCSfl.328/)93 (4. 14 

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law (or shall provide Landlord with other security reasonably acceptable to 

Landlord). 

(b) 

• 

In no event shall Tenant be liable hereunder for or required to pay any income, profit, 

excise, inheritance, estate, gift or franchise taxes, or taxes with respect to the rent 

received by Landlord under this Lease, or upon the right ofLandlord to receive such 

rent or to do business, or any tax, assessment or governmental imposition In 

replacement or substitution of the foregoing or ofa similar character. 

I 

(c) 

(d) 

Notwithstanding anything herein to the contrary, ifat anytime during the tenn ofthis 

Lease there shall be levied or assessed in substitution ofreal eslate laxes, in whole 

or in part, a tax, assessment or govenunental imposition on the rents received from 

the Premises or the rents reserved herein, and said tax, assessment or governmental 

imposition shall be imposed upon Landlord, Tenant shall pay same as hereinabove 

provided, but only to the extent that such new tax, assessment or governmental 

imposition is a substitute for Taxes previously imposed. 

Landlord covenants and agrees to notify Tenant in writing within ten (10) days of 

receipt ofnotice ofa change in the assessed value of the Premises, the Land or the 

Improvements. Landlord acknowledges that such prompt notice is essential in order 

for Tenant to determine whether to contest such change in assessment and time shall 

be ofthe essence ofthis Lease. 

• 

(e) 

(f) 

Notwithstanding anything herein to the contrary, ifat anytime during the tenn ofthis 

Lease any assessment (eithergeneral or special) is levied upon or assessed against the 

Premises or any part thereof, and such assessment may be paid in installments, 

Tenant's Obligation under this paragraph 10 pay such assessment shall be limited to 

the amount of such installments (plus applicable interest thereon charged by the 

taxing authority, ifany) which become due during the term hereof, calculated using 

the longest payment option made available to Landlord, regardless of whether 

Landlord pays the same in installments over the same or shorter period of time or 

pays the entire amount thereof. 

-At the expiration ofthe term ofthis Lease, taxes, impositions, assessments or other 

similar expenses required 10 be paid by Tenant hereunder shall be apportioned in the 

same manner as such taxes were apportioned prior to the Rent Commencement Date, 

and Landlord shall pay that portion thereof applicable to the period after the 

expiration of the term ofthis Lease. 

I 

11. 

(a) 

Insurance. 

Tenant shall maintain so called "all risk," fire and extended coverage insurance 

(including vandalism and malicious mischief insurance, earthquake insurance and 

flood insurance) On the Improvements, at Tenant's sole cost and expense, with a limit 

of, or in an amount not less than, eighty percent (80%) of the replacement value 

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(b) 

(c) 

thereof, less the cost of excavations, foundation, footings and underground tanks, 

conduits, pipes, pilings and other underground items. Payments for losses shall be 

made solely to Tenant or the mortgagees of Tenant as their interests shall appear. 

Tenant shall also insure, at Tenant's sole cost and expense, against property damage 

and public liability arising by reason of occurrences on or about the Premises, the 

Entrance Drive or the Sign Easement by maintaining a policy or policies of 

commercial general liability insurance including contractual liability coverage 

insuring against the tort liabilities assumed under this Lease in the amount ofnot less 

than TWO MILLION AND NO/IOO DOLLARS ($2,000,000.00) in respect of any 

one occurrence. 

Tenant shall subscribe to the workers' compensation law in the state in which the 

Premises are located and shall maintain (at its sole cost and expense) workers' 

compensation and employers' liability insurance covering all ofits employees in the 

amount which is the greater of(i) as required of a subscriber to the relevant statutes 

in the state in which the Premises are located, or (ii) FNEHUNDRED THOUSAND 

DOLLARS ($500,000) in respect ofloss or damage to property, in the amount ofnot 

less than FNE ffiJNDRED THOUSAND DOLLARS ($500,000) per disease, and 

in the amount of not less than FIVE HUNDRED THOUSAND DOLLARS 

($500,000) per disease aggregate. 

• 

I 

(d) 

Dl\lDOCS/1 J28n9J I,4 

All insurance policies required to be maintained by Tenant hereunder must be with 

responsible insurance companies and such companies must be authorized to do 

business in the state in which the Premises are located, ifrequired by law. Except for 

property insurance policies and workers' compensation policies, the policies required 

to be maintained by Tenant hereunder shall name Landlord as an additional insured, 

as its interests may appear, and shall provide for cancellation only upon ten (10) days 

prior written notice to Landlord. Each party shall evidence such insurance coverage 

by delivering to the other party certificates issued by the insurance companies 

underwriting such risks. Notwithstanding any statement to the contrary, it is agreed 

that the insurance coverages provided for herein may be maintained pursuant to 

master policies ofinsurance covering other restaurant locations ofTenant and/or its 

corporate affiliates, provided that such master policies assign amounts ofinsurance 

to Tenant and the Premises as set forth herein. Further, notwithstanding the 

foregoing, so long as Brinker International, Inc., the guarantor ofthis Lease, has anet 

worth, determined in accordance with generally accepted accounting principles, in 

excess of $50,000,000.00, and Tenant provides reasonable evidence of such to 

Landlord on an annual basis, upon Landlord's written request, Tenant may elect to 

non-subscribe, ifapplicable, and/or to provide coverage for anyofthe foregoing risks 

within this Paragraph II by maintaining such deductibles as it may elect or by a plan 

ofself-insurance through Tenant or an entity providing such deductibles and/or selfinsurance 

for Tenant in common with other affiliated entities. If Tenant fails to 

maintain the insurance policies required to be maintained by Tenant hereunder 

(excluding "all risk," fire and extended coverage), orifTenant elects to non-subscribe 

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BOARD OF SUPERVISORS, HARRISON COUNTYr MISSISSIPPI 


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12. 

(a) 

(b) 

(c) 

and self-insures, but fails to meet the minimum net worth requirements hereunder 

necessary for the right to self-insure, landlord shall have theright to obtain such . 

insurance policies (excluding "all risk," fire and extended coverage) o-n Tenant's 

behalf and at Tenant's expense. Upon Landlord's payment of such insurance 

premiums, Tenant shall forward reimbursement to Landlord within ten (1 0) business 

days ofreceipt ofan invoice, plus interest on such amount expended by Landlord at 

the maximum interest rate allowed by law. 

Easements. 

During the term ofthis Lease, including any Renewal Terms, Landlord does hereby 

grant and convey to Tenant for the benefit of Tenant, Tenant's employee?, 

representatives, consumers, contractors and inVitees, a permanent, non-exclusive, 

right-of-way access easement approximately fourteen feet (14') in width (the 

"Easement") over the parcel ofreal property adjacent to the Premises (the "Adjacent 

~") for the purposes of(i) pedestri

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(d) 

(e) 

DALDOCSIl 32&'393 1.4 

orofany other easement granted or reseITed herein, or the free access and movement 

ofvehicular traffic within the Premises and cross-access between the Premises and 

the Adjacent Property over or upon the Entrance Drive. Curb stops and other 

reasonable traffic controls, including, without limitation, directional markers and 

parking stops may be installed if reasonably necessary to guide and control the 

orderly flow 0 ftraffic; provided, however, that the Entrance Drive, the Easement, the 

Reserved Easement and access to the parking areas on the Premises or the Adjacent 

Property are not closed or blocked. 

From and after the date the Entrance Drive is completely constructed, Tenant 

covenants and agrees to cause to be maintained and repaired, at its sole cost and 

expense, the Entrance Drive in a good condition and proper state of repair at all 

times, and in compliance with all applicable laws, statutes, orders, regulations, 

ordinances and rules and the terms and provisions ofthis Lease. Such maintenance 

shall include, without limitation, the following duties: (i) maintenance, repair and 

replacement of all paved surfaces in a level, smooth and evenly covered condition, 

with the type ofsurfacing material originally installed, or such substitute that shall 

in all respects be at least equal to such original material in quality, use, appearance 

and durability, (ii) maintenance, repair and replacement of all curbs, curb-cuts, 

gutters, walkways and retaining walls; (iii) striping of all driveways; (iv) 

maintenance, repair and replacement of all directional signs, markers and lighting 

facilities, including, the replacement of fixtures and bulbs; and (v) removal of all 

paper debris and refuse, including sweeping the Entrance Drive as necessary to keep 

the Entrance Drive in a clean and orderly condition. From and after the date a third 

party occupies the Adjacent Property for the purpose of conducting a business 

thereon, Tenant shall maintain and repair that portion ofthe Entrance Drive located 

upon the Reserved Easement, at its sole cost and expense, in accordance with the 

provisions of this Paragraph, and such third party shall maintain and repair that 

portion ofthe Entrance Drive located upon the Easement, at its sole cost and expense, 

in accordance with the provisions set forth in this Paragraph. Tenant agrees that if 

Tenant or such third party fails to maintain and repair their respective portions ofthe 

Entrance Drive in accordance with the terms and provisions of this Paragraph, a 

notice shall be provided to the non-performing party allowing thirty (30) days for 

performance ofsuch maintenance and repair obligations and ifthe non-performing 

party fails to perform such obligations, the other party shall have the right to perform 

same in accordance with the provisions ofthis Paragraph and deliver an invoice for 

reimbursement ofsame to the non-performing party and the non-performing party 

shall have the obligation to pay such invoice within thirty (30) days following receipt 

ofsame. 

Dudng the term ofthis Lease, including any Renewal Terms, Landlord does hereby 

grant and convey to Tenant, Tenant's employees and Tenant's contractors, a 

permanent, non-exclusive, right-of-way access easement in the area depicted on 

Exhibit C-3 (the "Sign Easement") for the purposes of 0) erecting, maintaining, 

repairing and removing a forty-foot (40') sign pole and can sign thereon and (ii) 

18 

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(f) 

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13. 

(a) 

• 

causing electrical service to run to such sign and installing an electric meter On such 

sign for the pUJllose ofproviding electrical service thereto. Exhibit C-3 is attached 

hereto and made a part hereof for all purposes. If a legal description of the Sign 

Easement is made available, Landlord and Tenant agree to enter into an amendment 

to this Lease for the purpose ofsupplementing the depiction of the Sign Easement 

with a legal description thereof. 

Landlord does hereby declare and reserve for itselfand its sublessees and assignees 

and their employees and contractors, a permanent, non-exclusive, right-of-way, 

access easement upon the Sign Easement for the purposes of (i) erecting, 

maintaining, repairing and removing a can sign on Tenant's sign pole, and (ii) causing 

electrical service to run to such sign and installing an electric meter on such sign for 

the purpose of regulating service thereto. Landlord agrees that its sublessees and 

assigns shall be responsible for any repairs to the Improvements made necessary due 

to the use of the Sign Easement reserved herein. 

Repairs and Surrender. 

Tenant shall take good care ofthe Improvements during the term ofthis Lease and 

shall maintain the same in reasonably good condition, including repairs to the 

interior, exterior and structure, including, the mowing ofgrass, trimming ofshrubs, 

and generally maintaining the landscapingcontained in the perimeterofthe Premises, 

it being understood that Landlord shall not be required to make any repairs to the 

Improvements, landscape or perform any repairs upon the Premises during the term 

hereof. The Improvements shall not be maintained as, nor shall Tenant permit the 

Improvements to become, a public orprivate nuisance, and Tenant shall not maintain 

any nuisance in the Improvements. 

I 

(b) 

At the end or other termination ofthis Lease, Tenant shall deliver up the Land witl1 

the Improvements thereon in good repair and condition, loss by fire or other casualty, 

act of God, ordinary wear and tear, depreciation and obsolescence being excepted. 

Tenant covenants and agrees to remove any Improvements and/or personal property 

ofTenant, including, but not limited to, signs, sign poles, fumishings, equipment, 

trade fixtures, merchandise and other personal property of Tenant within two (2) 

business days ofthe expiration date or earlier termination date ofthis Lease, and, if 

same are not removed within such two (2)-day period, then the Improvements and 

such personal property of Tenant shall be deemed to be abandoned, whereby title 

therein shall become vested in the Landlord, in Landlord's sole discretion. For the 

purposes of this Paragraph, Tenant's failure to remove its Improvements and/or 

personal property upon the expiration date or earlier termination date ofthis Lease 

shall not be a holdover tenancy hereunder or at law, and notice to vacate the Premises 

shall not be required and is hereby waived by Tenant. However, Tenant shall be 

obligated to pay Base Rent at the holdover rate and any Additional Rent due 

he(eunder until Tenant is deemed to have abandoned its Improvements and/or 

• 

DALDOCSf\Jl8lJ9J 1.4 

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(c) 

14. 

Tenant shall have the unrestricted right to make any alterations, additions or improvements 

to the Premises deemed necessary or appropriate in connection with the requirements ofits 

business, without the necessity of obtaining the prior written consent of Landlord and 

without the payment of any additional rent; provided, however, that any such alterations, 

additions or improvements shall not reduce or impair the value or marketability of the 

Premises or the Improvements. 

15. 

personal property. The provisions of this Paragraph shall survive the expiration or 

earlier termination ofthis Lease 

Notwithstanding anything herein to the contrary, if structural repairs to the 

Improvements shall be required during the last three (3) years ofthe Primary Term 

of this Lease, or the last three (3) years of any Renewal Term, Tenant shall not be 

required to make such structural repairs ifit delivers to Landlord a written waiver of 

all rights to renew this Lease beyond the term then in effect. Notwithstanding the 

foregoing, Tenant shall make such repairs if (i) the same are required by any 

applicable laws, statutes, regulations, ordinances, building codes, rules or orders, (ii) 

there is a possibility ofdamage to property or injury to person ifthe repairs are not 

made or (iii) Landlord requests same to be made. 

Alterations. 

Equipment, Fixtures and Signs. 

Tenant shall have the right to erect, install, maintain and operate on the Premises such 

equipment, trade and business fixtures, and other personal property as Tenant may deem 

necessary or appropriate, and such shall not be deemed to be part ofthe Premises, but shall 

remain the property ofTenant, subject, however, to the provisions ofParagraph 13JQl. Any 

such installations shall not materially injure or deface the Improvements. At any time during 

the term of this Lease, Tenant shall have the right to remove its equipment, fixtures, signs 

and other personal property from the Premises provided a Tenant Event ofDefault does not 

exist. Subject to governmental approval, governmental regulations and applicable 

restrictions affecting the Premises, Landlord agrees that Tenant shall be entitled to erect 

maximum prototypical building, monument and pole signage on the Premises or within the 

Sign Easement. Tenant shall have the right, at its sole cost and expense, to install a sign pole 

ofnot more than forty feet (40') in height and a can sign containing sign panels on each side 

ofsuch sign pole ofnot more [han two hundred square feet within the Sign Easement. 

16. Damage bv Fire or Other Casualty. 

(a) 

If the Improvements, or any material part thereof, should be destroyed or damaged 

by fire or other casualty, then Tenant shall immediately deliver written notice thereof 

to Landlord. 

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(c) 

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(b) 

Ifthe Improvements are damaged by fire or other casualty at any time on or before 

the tenth (10th) anniversaryofthe Rent Commencement Date, then Tenant may elect 

either to (i) restore the Improvements to their prior condition or (ii) discontinue 

operations at the Premises, but at all times continue to pay Base Rent, Additional 

Rent and any other amounts due and payable pursuant to the terms and provisions of 

this Lease through the date the Primary Term expires after which date Tenant shall 

vacate and surrender the Premises in accordance with the provisions ofParagraph 13. 

IfTenant elects to discontinue operations, Tenant's right to exercise a Renewal Term 

shall cease. Any such notice ofan election hereunder shal.l be given within thirty 

(30) days ofthe date ofsuch casualty. IfTenant elects to discontinue operations, then 

Tenant must raze any remaining portion ofthe Improvements, remove all debris and 

grade and landscape the Land within sixty (60) days ofthe date ofsuch casualty. If 

Tenant elects to restore the Improvements to their prior condition, then Tenant shall 

proceed with all reasonable diligence to rebuild and repair tbe Improvements to 

substantially the condition in which it existed prior to such damage within one 

hundred eighty (180) days of the date of such casualty. Notwithstanding any 

provision to the contrary herein, if Tenant elects to discontinue operations at the 

Premises or fails to complete its rebuild and repair of the Premises within one 

hundred eighty (180) days of the date of such casualty, Landlord shall have those 

rights available to it under the provisions of Paragraph 7(c), except Landlord shall 

have no obligation to reimburse Tenant for any unamortized value of the 

Improvements. 

Ifthe Improvements should be damaged by fire orother casualty during the firstthree 

(3) years of a Renewal Term, then Tenant may elect either to (i) restore the 

Improvements to their prior condition or (ii) discontinue operations at the Premises, 

but at all times continue to pay Base Rent, Additional Rent and any other amounts 

due and payable pursuant to the terms and provisions ofthis Lease through the date 

the Renewal Term expires after which date Tenant shall vacate and surrender the 

Premises in accordance with the provisions of Paragraph 13. If Tenant elects to 

discontinue operations, Tenant's right, ifany, to exercise a subsequent Renewal Term 

shall cease. Following the third (3'") anniversary date of the commencement of a 

Renewal Tenn, Tenant may elect either to (il restore the Improvements to their prior 

condition or (ii) terminate this Lease. Any such notice ofan ejection hereunder shall 

be given within thirty (30) days of the date of such casualty. If Tenant elects to 

discontinue operations or terminate this Lease as provided in this paragraph, then 

Tenant must raze any remaining portion ofthe Improvements, remove all debris and 

grade and landscape the Land within sixty (60) days ofthe date of such casualty. If 

Tenant elects to restore the Improvements to their prior condition, then Tenant shall 

proceed with all reasonable diligence to rebuild the Improvements to substantially the 

condition in which they existed prior to such damage within one hundred eighty 

(180) days of the date of such casualty. Notwithstanding any provision to the 

contrary, ifTenant elects to discontinue operations or fails to complete its rebuild and 

repair of the Premises within one hundred eighty (180) days of the date of such 

casualty at the Premises, Landlord shall have those rights available to it under the 

• 

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provisions ofParagraph 7(c), except Landlord shall haveno obligation to reimburse 

Tenant for any unamortized value ofthe Improvements. 

17. Condemnation. 

(a) 

(b) 

(c) 

IfU) all ofthe Premises (or ifless than all, but Tenant is commercially reasonable in 

determining that the remaining portion will not permit Tenant to operate its business 

on the Premises with sufficient parking therefor), or (ii) that portion ofthe roadway 

identified on the Site Plan as Crossroads Parkway abutting the Premises and 

connecting to that highway identified as U.S. Highway ("Hwy.") 49 on the Site Plan, 

shall be acquired by the right ofcondemnation or eminent domain for any public or 

quasi-public use or purpose, or sold to a condemning authority under threat of 

condemnation or in lieu thereof, then the term ofthis Lease shall cease and terminate 

as of the date of title vesting in such proceeding (or sale) and all Base Rent, 

Additional Rent and any other amounts due and payable pursuant to the terms and 

provisions ofthis Lease shall be paid up to that date. 

In the event of a partial taking or condemnation if Tenant determines that the 

remaining portion will pennit Tenant to operate its business on the Premises, with 

sufficient parking therefor, then Tenant, at Tenant's sole cost and expense, shall 

proceed with reasonable diligence to restore the Premises to a condition comparable 

to its condition at the time ofsuch condemnation less the portion lost in the taking, 

and this Lease shall continue in full force and effect but with no reduction ofBase 

Rent, Additional Rent and any other amounts due and payable pursuant to the terms 

and provisions of this Lease. 

In the event of any condemnation, taking or sale as aforesaid, whether whole or 

partial, all compensation awarded for any taking (or the proceeds ofprivate sale in 

lieu thereof) of the Land and/or the Improvements shall be the sole property of 

Landlord, and Tenant hereby assigns its interest in any such award to Landlord; 

provided, however, Landlord shall have no interest in any award made to Tenant for 

the loss of the undepreciated value of the Improvements, Tenant's moving and 

relocation expenses or for the loss ofTenant's fixtures and other tangible personal 

property ifa separate award for such items is made to Tenant (and Tenant may seek 

awards for such items, provided, such action does not detrimentally affect any 

compensation awarded to Landlord for such a taking, including, without limitation, 

compensation for the value ofthe Land and Tenant's subleasehold interest); except 

that ifthe Premises shall be restored as herein provided, Tenant shall first be entitled 

to recover the costs and expenses incurred in such restoration out ofany such award, 

and the balance shall be allocated as aforesaid. Termination ofthis Lease shall not 

affect the right of the respective parties to such awards. 

• 

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18. Liability and Indemnification. 

• 

(a) 

I 

• 

(b) 

(c) 

Landlord and Landlord's agents and employees shall not be liable to Tenant, nor to 

Tenant's employees, agents, patrons, invitees or visitors, nor to any other person 

whomsoever, for (i) any injury to person or damage to property caused by the 

Premises becoming out ofrepair or by defect or failure of any structural element or 

ofany equipment, pipes or wiring, or broken glass, or by the backing up of drains, 

or by gas, water, steam, electricity or oil leaking, escaping or flowing into the 

Premises; (ii) any injury to person or damage to property on or about the Premises, 

the Entrance Drive or the Sign Easement caused by the negligence or misconduct of 

Tenant, its employees, subtenants, licensees or concessionaires, or of any other 

person entering the Premises, the Entrance Drive or the Sign Easement (other than 

Landlord's duly authorized employees or agents) or arising out of the use of the 

Premises, the Entrance Drive or the Sign Easement by Tenant, the conduct of its 

business therein, or arising out ofany breach or default by Tenant in the performance 

of its obligations under this Lease; and (iii) any loss or damage that may be 

occasioned by or through the acts or omissions of any other persons whomsoever, 

excepting only duly authorized employees and agents of Landlord. Tenant hereby 

agrees to defend and indemnify Landlord and hold Landlord harmless from any loss, 

expense, actions, damages, or claims arising out of any damage or injury set forth 

herein. 

Tenant shall not be liable to Landlord or Landlord's employees, agents and 

contractors, or to any other person whomsoever, for any injury to person or damage 

to property caused by the negligence or misconduct of Landlord, its employees, 

agents and contractors and Landlord agrees to indemnify Tenant and hold it harmless 

from any loss, expense or claims arising out ofsuch damage or injury. 

The liability ofLandlord to Tenant for any Landlord Event ofDefault shall be limited 

to the proceeds ofsale and execution ofthe interest ofLandlord in the Premises; and 

Landlord shall not be personally liable for any deficiency. Notwithstanding the 

foregoing statement to the contrary, Tenant's set-off right under the provisions of 

Paragraph 28(d} shall not be limited under this Paragraph 18(c). 

19. Right oflnspection. 

I 

Landlord and its agents and representatives shall be entitled to enter upon and inspect the 

Premises at any time during normal business hours upon prior reasonable notice, provided 

only that such inspection shall not unreasonably interfere with Tenant's business, and shall 

in no event occur during Tenant's peak business hours. 

20. Warranty ofTitle and Quiet Enjovment. 

(a) 

Landlord represents and warrants that it is the leasehold owner ofthe Land, and that 

it alone has full right to lease the Premises for the term set out herein. Landlord 

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(b) 

(c) 

further represents and warrants that Tenant, on paying Rent and Additional Rent and 

any other amounts due and payab le pursuant to the terms and provisions ofthis Lease 

and performing its obligations hereunder, shall peaceably and quietlyhold and enjoy 

the Premises for the term ofthis Lease, including any Renewal Term, without any 

hindrance, molestation or ejection by Landlord, its successors or assigns, or those 

claiming by, through, or under them, subject to any and all matters of record, 

including the Master Lease. Tenant accepts this Lease subject to, and agrees to 

comply with, all ofthe terms and conditions ofthe Master Lease pursuant to which 

Landlord holds the Land as lessee; provided, however, that the payment ofbase rent 

and all other monetary obligations thereunder shall be the responsibilityofLandlord. 

Notwithstanding the foregoing to the contrary, Landlord shall not be responsible for 

any monetary Obligations under the Master Lease ifsuch obligations arise or accrue 

as a result of the act or failure to act of Tenant, Tenant's agents, employees, 

concessionaires, licensees, invitees or contractors, in such event, Tenant shall be 

responsible to Landlord for such obligations. Tenant covenants that it will do no act 

or things which would constitute a violation by Landlord ofits obligations under the 

Master Lease. 

Except as may be indicated in the Commitment and the Survey, Landlord represents 

and warrants that it has not granted, nor created, and covenants that it will not grant, 

create or suffer, any claim, encumbrance, easement, restriction or other charge or 

exception to title to the Premises without the prior written consent ofTenant, which 

consent shall not be unreasonably withheld, delayed, denied or conditioned; however, 

Tenant shall not be unreasonable inwithholding, delaying orconditioning its consent 

ifsuch claim, encumbrance, easement, restriction or othercharge or exception to title 

to the Premises does not adversely impact Tenant's current operations on, or its 

subleasehold interest in, the Premises. Provided that a non-disturbance agreement 

in substantially the form of agreement attached hereto as Exhibit F, is executed for 

the benefit of Tenant, Landlord is hereby irrevocably vested with full power and 

authority to subordinate this Lease to any mortgage, deed of trust or other lien 

hereafter placed upon the Premises, and Tenant agrees upon demand to execute such 

further instrument so subordinating this Lease as Landlord may reasonably request. 

It is expressly agreed that Landlord may subject its interest in the Premises to a 

mortgage, deed oftrust or other lien ifits lender shall agree for itself, its successors 

and assigns (by written instrument in substantially the recordable form attached 

hereto as Exhibit F): (i) to be bound by the terms of this Lease; (ii) not to disturb 

Tenant's use or possession ofthe Premises in the event ofa foreclosure ofsuch lien 

or encumbrance so long as a Tenant Event ofDefault does not exist; (iii) not to join 

Tenant as a party defendant in any foreclosure proceeding relating to the Premises or 

any part thereof; and (iv) to permit application of all insurance proceeds to the 

restoration and repair of the Premises pursuant to Paragraph 16 or Paragraph 17 of 

this Lease. 

For each lien existing of record on the Effective Date and for the Master Landlord, 

Landlord agrees to deliver to Tenant within thirty (30) days after the Effective Date, 

• 

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(d) 

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(e) 

• 

21. Waiver of Subrogation. 

a Non-Disturbance and Attornment Agreement executed by any such lienholder and 

the Master Landlord, respectively, substantially in the form attached hereto as Exhibit 

E. If Landlord shall fail to provide such Non-Disturbance and Attommeut 

Agreement within the time period allotted, Tenant shaH have the option to terminate 

this Lease at any time thereafter until such agreement is provided. 

Tenant shall procure at its sole cost and expense any permits and licenses required 

for the transaction of business from the Premises and otherwise comply with all 

applicable laws, ordinances, governmental regulations, restrictive covenants 

(including the Restrictive Covenants) and other matters ofrecord applicable to the 

Premises. At Landlord's request, Tenant shall deliver to Landlord copies ofaH such 

permits and licenses and proofofTenant's compliancewith all such laws, ordinances, 

governmental regulations, restrictive covenants and other matters of record 

applicable to the Premises. 

Tenant agrees that it will from time to time, upon prior written request by Landlord, 

execute and deliver to Landlord a written statement addressed to Landlord (or to a 

party designated by Landlord), which statement shall identify Tenant and this Lease, 

shall certify that this Lease is unmodified and in full force and effect (or ifthere have 

been modifications, that the same is in full force and effect as so modified), shall 

confirm that Landlord is not in default as to any obligations ofLandlord under this 

Lease (or if Landlord is in default, specifying any default), and shall contain such 

other information or confirmations as Landlord may reasonably require. 

I 

Landlord and Tenant severally waive any and every claim which arises or may arise in its 

favor and against the other during the term ofthis Lease for any and all loss of, or damage 

to, any ofits property located within or upon, or constituting a part of, the Premises, which 

loss or damage is covered by valid and collectible fire and extended coverage, general 

liability, liquor liability or worker's compensation insurance policies, to the extent that such 

loss or damage is recoverable thereunder. Inasmuch as the above mutual waivers will 

preclude the assignment ofany aforesaid claim by way ofsubrogation (or otherwise) to an 

insurance company (or any other person), Landlord and Tenant severally agree immediately 

to give to each insurance company which has issued to it policies ofinsurance, written notice 

ofthe terms ofsaid mutual waivers, and to have said insurance policies properly endorsed, 

if necessary, to prevent the invalidation of said insurance coverages by reason of said 

waivers. 

22. Force Majeure. 

• 

The time for performance by Landlord or Tenant ofany term, provision or covenant of this 

Lease shall be deemed extended by time lost due to delays resulting from acts of God, 

strikes, unavailability ofbuilding materials, civil riots, floods, material or labor restrictions 

by governmental authority, enforcement of governmental regulations or requirements, and 

OAI-00CS,/132813931.4 

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any other cause not within the control of Landlord or Tenant, as the case may be. Upon the 

occurrence ofsuch an event, the party extending the time for performance shall notify the 

other party in writing ofsuch event and give a description thereof. 

• 

23. Commissions. 

Landlord acknowledges that Tenant shall not have an obligation to pay any real estate broker 

commission pursuant to any agreement by and between Landlord and any real estate broker 

with respect to the Premises. Landlord agrees to defend, indemnify and hold Tenant 

hannless from any loss, liability, damage, cost or expense (including, without limitation, 

reasonable attorney's fees) paid or incurred by Tenant by reason ofany claim to any broker's, 

finder's, or other, fee in connection with this transaction by any party claiming by, through 

or under Landlord. Tenant agrees to defend, indemnify and hold Landlord harmless from any 

loss, liability, damage, cost or expense (including, without limitation, reasonable attorney's 

fees) paid or incurred by Landlord by reason ofany claim to any broker's, finder's, or other, 

fee in connection with this transaction by any party claiming by, through or under Tenant. 

I 

24. Landlord-Tenant Relationship. 

It is further understood and agreed that Landlord shall in no event be construed or held to be 

a partner, joint venturer or associate ofTenant in the conduct ofTenant's business, nor shall 

Landlord be liable for any debts incurred byTenant in Tenant's business; but it is understood 

and agreed that the relationship is and at all times shall remain that oflandlord and tenant. 

25. Assignment and Subletting. 

• 

(a) 

Tenant shall not assign this Lease or sublet the whole or any part of the Premises 

without the prior written consent of Landlord, which consent Landlord shall not 

umeasonably withhold, condition, or delay, provided (i) no Tenant Event ofDefault 

has occurred and is continuing at the time of the request for consent to the 

assignment or sublease, (ii) the use to be made of the Premises by the assignee or 

subtenant shall be permitted by Paragraph 7 hereof, and (iii) the assignee or subtenant 

shall assume in writing the performance ofall ofthe terms, provisions and covenants 

ofthis Lease on the part ofTenant to be kept and performed in a fonn acceptable to 

Landlord in its reasonable discretion. Tenant shall deliver to Landlord within fifteen 

(15) days (or as soon thereafter as is reasonably practicable) after the assignment or 

subletting an executed duplicate of such agreement, together with a duly executed 

assumption agreement. Notwithstanding anything herein to the contrary, Tenant, 

without Landlord's prior written consent but otherwise subject to the conditions set 

forth in the preceding sentence (1) may assign this Lease or, (II) sublet the whole of 

the Premises to a legal entity which (x) is the successor, by merger or otherwise, to 

all or substantially all ofTenant's assets and liabilities, (y) controls or is controlled 

by or is under common control with Tenant, directly or indirectly, or (z) is a 

franchisee ofan entity that controls, is controlled byor is under commoncontrol with 

Tenant, directly or indirectly, or may sublet a portion ofthe Premises to a legal entity 

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DALDOCSII J28Jl9J 1.1 26

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(b) 

• 

(c) 

under the control ofTenant solely for the purpose ofsuch entity obtaining a liquor 

license for the Premises. Any such assignment or subletting shall be otherwise 

subject to and upon all of the terms, provisions and covenants of this Lease. 

Landlord agrees to enter into a non·disturbance agreement and give an estoppel letter 

to any assignee or sublessee to which Landlord consents or for which Landlord's 

consent is not required, upon written request from such assignee or sublessee, the 

form ofwhich shall be similar in nature to the form ofagreement required oflenders 

under Paragraph 20 hereof and shall otherwise be reasonably acceptable to such 

assignee or sublessee and Landlord. 

No assignment or subletting or collection ofrent from the assignee or sublessee shall 

be deemed to constitute a novation or in any way release Tenant from further 

performanceofits obligations under this Lease, andTenant shall continueto be liable 

under this Lease for the balance ofthe PrimaryTerm and any Renewal Term with the 

same force and effect as ifno such assignment or sublease had been made; provided, 

however, that Landlord shall be deemed to have released Tenant from all obligations 

accruing after the date of such transfer and assignment under this Lease ifTenant's 

assignee or such assignee's parent entity has a net worth as of the date of the 

assignment greater than or equal to FIFTY MILLION DOLLARS ($50,000,000.00). 

IfTenant relies on the net worth ofits assignee's parent entity, Tenant shall only be 

released from its obligations ifsuch parent entity guarantees assignee's performance 

ofTenant's obligations, covenants and liabilities under this Lease. 

In the event ofa transfer and assignment by Landlord ofits interest in this Lease and 

the Premises, Landlord shall thereby be released from any further obligations 

hereunder accruing after the date ofsuch transfer and assignment, and Tenant agrees 

to look solely to such successor-in-interest ofthe Landlord for performance ofsuch 

obligations. 

26. Memorandum ofLease; Commencement and Termination Agreement. 

A short-form memorandum ofthis Lease, in the form attached hereto as Exhibit G, shall be 

executed by Landlord and Tenant contemporaneously with the execution ofthis Lease and 

shall be filed ofrecord, at Tenant's sole cost and expense. Upon the earlier termination or 

expiration ofthis Lease, Tenant covenants that it shall prepare and record, at Tenant/s sole 

cost and expense, an executed document that evidences the release ofthe memorandum in 

I 

the county public records in which the Premises is located within thirty (30) days of the 

termination or expiration date ofthis Lease. Landlord and Tenant agree that promptly after 

the Rent Commencement Date ofthis Lease, aCommencement and Termination Agreement, 

substantially in the form attached hereto as Exhibit H, shall be executed by each party in 

order to establish the Rent Commencement Date and the date oftermination ofthe Primary 

• 

Term afthis Lease. 

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27. Notices and PaYments. 

Anynotice, document orpayment required or permitted to be delivered or remitted hereunder 

or by law shall be deemed to be delivered or remitted, whether actually received or not, (a) 

the same date when delivered in person, (b) two (2) business days after such item is 

deposited in the United States mail, postage prepaid, certified or registered, return receipt 

requested (except for any payment ofBase Rent, Additional Rent and any other amounts due 

and payable pursuant to the terms and provisions ofthis Lease which shall be deemed to be 

remitted, whether actually received or not, two (2) business days after such item is deposited 

in the United States mail, first class postage prepaid), or (c) one (1) business day after such 

item is deposited with Federal Express or other generally recognized overnight courier, 

shipping charges prepaid, addressed to the appropriate party hereto at its address set out 

below, or at such other address as it shall have theretofore specified by written notice 

delivered in accordance herewith: 

LANDLORD 

TW, INC. 

elo Worrell Investments, Inc. 

6909 Vassar 


Attn; Mr. Terry N. Worrell, President 




Dallas, Texas 75201-4605 

Attn; Thomas L. Bloodworth, Esq. 

TENANT 


6820 LBJ Freeway 


Attn; General Counsel 

With statements and billings to; 





Chili's #577 (Gulfport, MS) 

• 

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• 

28. Default. 

(a) 

Each ofthe following events shall be a "Tenant Event ofDefault" under this Lease; 

(i) 

(ii) 

Tenant shall fail to pay any installment ofrent (whether such sum be called 

Base Rent, Additional Rent, Percentage Rent, Taxes and any other amounts 

due and payable pursuant to the terms and provisions of this Lease) hereby 

reserved as and when the same shall become due and shall not cure such 

default within ten (10) days after written notice thereofis given by Landlord 

to Tenant; 

Tenant shall fail to comply with any term, provision, obligation or covenant 

of this Lease, other than the payment of rent (as set forth in 28(a)(i)), and 

shall not cure such failure within thirty (30) days after written notice thereof 

is given by Landlord to Tenant (provided that if such default cannot 

reasonably be cured within thirty (30) days, then Tenant shall have an 

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(iii) 

(iv) 

additional reasonable period of time within which to cure such default 

provided Tenant is diligently pursuing such cure); 

Tenant shall be adjudged insolvent, make a transfer in fraud of creditors or 

make an assigrunent for the benefit ofcreditors; 

Tenant shall file a petition under any section or chapter of the Bankruptcy 

Refonn Act of 1978, as amended, or under any similar law or statute ofthe 

United States or any state thereof, or Tenant shall be adjudged bankrupt or 

insolvent in proceedings filed against Tenant thereunder; 

I 

(b) 

(v) 

A receiver ortrustee shall be appointed for all orsubstantially all ofthe assets 

ofTenant and Tenant shall not have had such appointment discharged within 

thirty (30) days after Tenant receives written notice of such appointment. 

Upon the occurrence ofany Tenant Event ofDefault, Landlord shall have the option 

to pursue anyone or more ofthe following remedies without any notice or demand 

whatsoever: 

• 

I 

• 

(i) 

(ii) 

(iii) 

Terminate this Lease, in which event Tenant shall immediately surrender the 

Premises to Landlord, and if Tenant fails so to do, Landlord may, without 

prejudice to any other remedywhich it may have for possession or arrearages 

in Base Rent or Additional Rent and any other amounts due and payable 

pursuant to the terms and provisions of this Lease, enter upon and take 

possession ofthe Premises and expel or remove Tenant and any other person 

who may be occupying the Premises, or any part thereof, by force if 

necessary, without being liable to prosecution or for any claim for damages; 

and Tenant agrees to pay to Landlord on demand the amount of all loss and 

damage which Landlord may suffer by reason ofsuch termination, whether 

through inability to relet the Premises on satisfactory terms or otherwise; 

Enter upon and take possession ofthe Premises and expel or remove Tenant 

and other persons who may be occupying the Premises, or any part thereof, 

by force ifnecessary, without being liable to prosecution or for any claim for 

damages, and relet the Premises, as Tenant's agent, and receive the Base 

Rent, Additional Rent and any other amounts due and payable pursuant to the 

terms and provisions of this Lease; and Tenant agrees to pay Landlord on 

demand any deficiency that may arise by reason ofsuch reletting; or 

Enter upon the Premises, without being liable to prosecution or for any claim 

for damages, and do whatever Tenant is obligated to do under the terms of 

this Lease; and Tenant agrees to reimburse Landlord on demand, together 

with interest at the highest legal rate [but in no event in excess ofeighteen 

percent (18%) per annumJ, for any reasonable and necessary expenses which 

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(c) 

Landlord may incur in thus effecting compliance with Tenant's obligations 

hereunder. 

Pursuit ofany ofthe foregoing remedies shall not preclude pursuit ofany ofthe other 

remedies herein provided or any other remedies provided by law or in equity, nor 

shall pursuit ofany remedy herein provided constitute a forfeiture or waiver ofany 

Base Rent, Additional Rent and any other amounts due and payable pursuant to the 

terms and provisions ofthis Lease, or ofany damage accruing to Landlord by reason 

of the violation of any of the tenns, provisions and covenants herein contained. 

Forbearance by Landlord to enforce one or more of the remedies herein provided 

upon the occurrence ofa Tenant Event ofDefault shall not be deemed or constllled 

to constitute a waiver ofsuch default. 

Each ofthe following events shall be a "Landlord Event ofDefault" under this Lease: 

(i) 

Landlord shall fail or refuse to pay any sum of money payable hereunder 

when due, and the failure or refusal continues for ten (l0) days after written 

notice thereof is given by Tenant to Landlord; or 

• 

I 

(ii) 

Landlord shall fail or refuse to comply with any term, provision, or covenant 

ofthis Lease, other than provisions for the payment ofmoney, and does not 

cure the failure or refusal within thirty (30) days after written notice thereof 

is given by Tenant to Landlord (provided that if such default cannot 

reasonably be cured within thirty (30) days, then Landlord shall have an 

additional reasonable period oftime within which to cure such default). 

• 

(d) 

Upon the occurrence ofany Landlord Event ofDefault, Tenant shall have the option 

to cure the Landlord Event of Default and in connection therewith payor incur 

reasonable expenses. Notwithstanding the foregoing, Tenant shall not have such 

right to cure a Landlord Event ofDefault set forth in Paragraph 28(c)(ii) in the event 

Landlord or its mortgagee takes action to cure such default within the cure period 

therein provided, but is unable, by reason ofthe nature of the work involved, to cure 

the same within such period, provided Landlord or its mortgagee (whoever 

commences such work) continues such work thereafter diligently and without 

unnecessary delays. Additionally, Tenant shall have the right to remedy any default 

ofan emergency nature, in the event Landlord or its mortgagee fails to commence to 

cure any default creating an emergency situation promptly upon being given notice 

which is reasonable under the circumstances, and Tenant shall have the right to 

remedy such a default without notice (if the giving of notice is not reasonably 

practicable) in the event of an emergency. All sums so expended or obligations 

incurred by Tenant in connection with the foregoing shall be paid by Landlord to 

Tenant upon demand, together with interest at the highest legal rate (but in no event 

in excess of eighteen percent [18%] per annum) from the date such expenses are 

incurred until repayment, and ifLandlord fails to reimburse Tenant, Tenant may, in 

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29. 

(a) 

(b) 

addition to any other right or remedy that Tenant may have, deduct such amount from 

subsequent installments ofany Base Rent which become due to Landlord. 

Pursuit ofany ofthe foregoing remedies shall not preclude pursuit ofany ofthe other 

remedies herein provided or any other remedies provided by law, nor shall pursuit of 

any remedy herein provided constitute a forfeiture or waiver ofanydamage accruing 

to Tenant by reason of the violation ofany ofthe terms, provisions, and covenants 

herein contained. Forbearance by Tenant to enforce one or more of the remedies 

herein provided upon the occurrence of a Landlord Event of Default shall not be 

deemed or construed to constitute a waiver ofsuch default. 

Hazardous Substances. 

"Hazardous Substances" shall mean chemical substances or pollutants (above 

acceptable levels as determined bygovernmental authorities) known to be hazardous 

wastes, hazardous substances, hazardous constituents, toxic substances or related 

materials, whether solid, liquid or gaseous, including but not limited to asbestos, 

radioactive materials, oil, gasoline, diesel fuel and other hydrocarbons, and any other 

substances defined as "hazardous wastes", "hazardous substances", "toxic 

substances", "pollutants", "contaminants", or other similardesignations, or any other 

material, the removal, storage or presence ofwhich is regulated or required and/or 

the maintenance ofwhich is penalized bythe Resources Conservation Recovery Act, 

42 U.S.C. §6901, et seq., the Comprehensive Environmental Response, 

Compensation and Liability Act, 42 U.S.C. §9601, et seq., the Toxic Substances 

Control Act, 15 U.S.C. §2601, et seq., the Clean Water Act, 33 U.S.C. §1251, et seq., 

the Safe Drinking Water Act, 42 U.S.c. §300(f)-300(j) - 10, the Clean Air Act, 42 

U.S.C. §7401, et seq., or any other local, state or federal agency, authority or 

governmental unit. 

Tenant covenants that it shall at all times and at its sale cost and expense (i) comply 

with governmental requirements relating to any Hazardous Substances; (ii) maintain 

in effect any permits, licenses or other governmental approvals, ifany, required for 

Tenant's use of the Premises; (iii) make all disclosures required of Tenant by any 

governmental requirements relating to Hazardous Substances and affecting the 

Premises; (iv) comply with all orders with respect to Hazardous Substances issued 

by any governmental authority havingjurisdiction over the Premises, and (v) take all 

action required of such governmental authorities to bring the Premises into 

compliance with all governmental requirements relating to Hazardous Substances 

and affecting the Premises, including, but not limited to remediation. Tenant's 

covenant to cause the Premises to be remediated shall survive the earlier termination 

or expiration ofthis Lease. Tenant shall indemnify, defend (by counsel acceptable 

to Landlord), protect, and hold harmless Landlord, and each ofLandlord's directors, 

officers, employees, agents, attorneys, successors and assigns from and against any 

and all claims, liabilities, penalties, fines, judgments, forfeitures, losses, costs or 

expenses (including attorneys' fees, consultant's fees and expert fees) for the death 

of or injury to any person or damage to any property whatsoever, arising from or 

DAI.DOCSIIl28/)9".4 31 9099999.9'19

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(c) 

caused in whole or in part, directly or indirectly by (x) the presence in, on, under or 

about the Premises, the Improvements or any discharge or release in or from the 

Premises or the Improvements of any Hazardous Substances, but only to the extent 

that any such presence, discharge or release is caused by Tenant's activities On the 

Premises, or (y) Tenant's failure to comply with any Hazardous Substances law, to 

the extent that compliance is required on account of Tenant's activities on the 

Premises. The indemnity obligations created hereunder shall include, without 

limitation, and whether foreseeable or unforeseeable, any and all costs incurred in 

connection with any site investigation and any and all costs for repair, clean-up, 

detoxification or decontamination, or other remedial action on the Premises and the 

Improvements. The obligations ofthe Tenant hereunder shall survive the expiration 

or earlier termination ofthis Lease and any extensions thereof. 

If at any time Tenant or Landlord shall become aware, or have reasonable cause to 

believe, that any Hazardous Substances have been released or have otherwise come 

to be located on or beneath the Premises, such party shall immediately upon 

discovering the release or the presence or suspected presence of the Hazardous 

Substances, give written notice ofthe condition to the other party. In addition, the 

party first learning ofthe release orpresence of Hazardous Substances onor beneath 

the Premises, shall immediately notify the other party in writing of (i) any 

enforcement, cleanup, removal orother governmental orregulatol)' action instituted, 

completed or threatened pursuant to any Hazardous Substances laws (ii) any claim 

made or threatened by any person against Landlord, Tenant, the Premises and 

Improvements arising out ofor resulting from any Hazardous Substances, and (iii) 

any reports made to any local, state, or federal environmental agency arising out of 

or in connection with any Hazardous Substances. 

• 

I 

• 

30. Miscellaneous. 

(a) 

(b) 

(c) 

(d) 

In the event this Lease is terminated pursuant to a right to do so herein contained, 

neither Landlord nor Tenant hereto shall thereafter have any further obligation or 

liability one to the other, and this Lease shall be ofno further force or effect, except 

for any obligation which expressly survives the expiration or earlier termination of 

this Lease. 

The captions used in this Lease are for convenience only and shall not be deemed to 

amplify, modi fy or limit the provisions hereof. 

Words of any gender used in this Lease shall be construed to include any other 

gender, and words in the singular shall include the plural and vice versa, unless the 

context otherwise requires. 

This Lease shall be binding upon and shall inure to the benefit of Landlord and 

Tenant and their respective heirs, legal representatives, successors and assigns. 

I 

• 

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• 

(f) 

I 

(e) 

(g) 

• 

(h) 

(i) 

(j) 

The Exhibits annexed to this Lease are hereby incorporated by reference in their 

entirety with the same force and effect as ifthey were set forth in this Lease in their 

entirety. This Lease contains the entire agreement of Landlord and Tenant with 

respect to the subject matter hereofand can be altered, amended or modified only by 

written instrument executed by both ofsuch parties. 

It is expressly agreed by Landlord and Tenant that time is ofthe essence with respect 

to this Lease. In the event the date for performance ofan obligation or delivery of 

any notice hereunder falls on a day other than a business day, then the date for such 

performance or delivery of such notice shall be postponed until the next ensuing 

business day. Any references to "business days" contained herein are references to 

normal working business days (i.e., Monday through Friday ofeach calendar week, 

exclusive ofNew Year's Day, July Fourth, Thanksgiving Day and Christmas Day). 

Ifany term or provision, or any portion thereof, ofthis Lease, or application thereof 

to any person or circumstance shall, to any extent, be invalid or unenforceable, the 

remainder of this Lease, or the application of such term or provision to persons or 

circumstances other than those as to which it is held invalid or unenforceable, shall 

not be affected thereby and each term and provision ofthis Lease shall be valid and 

be enforced to the fullest extent permitted by law. 

This Lease may be signed in counterparts with the same force and effect as if all 

required signatures were contained in a single, original instrument. 

In the event of litigation between the parties to enforce this Lease, the prevailing 

party in any such action shall be entitled to recover reasonable costs and expenses of 

suit, including, without limitation, court costs, attorneys' fees, and discovery costs. 

This Lease shall be construed, interpreted, and enforced pursuant to the applicable 

laws of the state in which the Premises are located. 

I 

(k) 

TENANT, ON BEHALF OF ITSELF AND ANY ASSIGNEE, SUBLESSEE, 

MORTGAGEE OR OTHER LIENHOLDER OR INTEREST HOLDER IN 

THE PREMISES, HEREBY WAIVES ANY RIGHT TO ENTER INTO A 

LEASE AGREEMENT WITH MASTER LANDLORD WITH RESPECT TO 

THE PREMISES, PURSUANT TO THE MASTER LEASE. 

FURTHERMORE, TENANT HEREBY COVENANTS AND AGREES NOT 

TO ENTER INTO ANY LEASE AGREEMENT WITH MASTER 

LANDLORD WITH RESPECT TO THE PREMISES PURSUANT TO THE 

MASTER LEASE. 

• 

(1) 

This Lease is guaranteed by Brinker International, Inc. pursuant to that certain 

Guaranty attached hereto as Exhibit L 

OALDOCSIIJ28/J9J! " 33

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IN WITNESS WHEREOF, the parties hereto have executed this Lease to be effective as of 

the Effective Date. 

LANDLORD: 

TW, INC., a Mississippi corporation 

By: 

Date:. 

TENANT: 

TerryN. Worrell 

President 


a Delaware Corporation 

_ 

_ 

• 

I 

By: 

Date: 

Jay L. Tobin, 

Vice President 

_ 

_ 

• 

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• 

The Harrison CountyBoard ofEducation and the Harrison County, Mississippi Board ofSupervisors 

do hereby join in the execution ofthis Sublease in order to evidence their COnsent to all the terms 

and provisions hereof. 

WITNESS THE SIGNATURE ofthe said Board ofEducation and Board ofSupervisors on 

this the~day of CftNlJ..MT ' 2000. 

HARRISON CO 

Y BOARD OF EDUCATION 

By:---'----f--~_--=--."__ 

_ 

I 

By: .j~ pl. ;7tU'M..- 

President ofthe Board ofEducation 

THE HARRlSON COUNTY, MISSISSIPPI, BOARD 

OF SUPERVISORS 

• 

ATTEST 

By: 

President ofthe Board ofSupervisors 

_ 

Clerk ofthe Board ofSupervisors 

I 

• 

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EXHIBIT "A" 

A puce! of l..wd

MINUTE BOOK 



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EXHIBIT "B" 

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k 

~lr; 

I 

1;11 I· ~ 

Ijll 

Hi 

lll' 

! -. ~ ~ 

in.! 

ilt' 

'I 1 

I,ll 

1 .. -' 

~~H 

i-Il 

tl! E 

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EXHIBIT "8-1" 

--i,i 

 

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t , • S ~ Ii~ 

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• PROPERTY DESCRIPTION OF A PORTION OF LOT B: 

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EXHIBIT "C" 

A PARCEL OF LAND SITUATED IN THE SOUTHEAST 114 OF THE NORTHWEST 114 OF 

SECTION 16, TOWNSHIP 7 SOUTH, RANGE 11 WEST, CITY OF GULFPORT, HARRISON 

COUNTY, MISSISSIPPI AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 

COMMENCING at the Northeast comerofSection 16, Township 7 South, Range 11 

West, Harrison County, Mississippi; 



intersection of the South right-of-way of Community Road and the 

west right-of-way ofKlein Road; 

THENCE SOUTH 89°36'43" WEST, along the said South right-ofway 

lineofCommunityRoad with an existing 100.00 ft. right-of-way 

for a distance of 3,054.02 ft.; 

THENCE SOUTH 00°23'17" EAST, a distance of 194.20 ft.; 


THENCE SOUTH 00°23'17" EAST, a distance of3.00 ft.; 

THENCE SOUTH 89°36'43" WEST, a distance of 100.00 ft.; 

THENCE SOUTH 00°23'17" EAST, a distance of0.45 ft.; 


East right-of-way ofUS Highway 49; 



THENCE SOUTH 16° 10'42" EAST, along said East right-of-way a 


THENCE SOUTH IrOI'07" EAST, along said East right-of-way a 

distance 299.65 ft.; 


distance ofl02.I7 ft.; 



THENCE SOUTH 11 °47'34" EAST, along said East right-of-way a 




THENCE SOUTH 16°09'59" EAST, along said East right-Of-way a 

distance of298.04 ft. to a point at the intersection ofthe South rightof-way 

of Crossroads Parkway and the East right-of-way of US 

Highway 49; 

• 

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THENCE SOUTH 26°23'52" EAST, along said East right-of-way of 

US Highway 49 a distance of 201.34 ft.; 

TO THE POINT OF BEGINNil'IG; 

THENCE NORTH 63 °34'59" EAST, a distance of 176.34 ft. to a 

point in a curve; 

THENCE in a Northwesterly direction along a curve to the left with 

a delta angel of22"31'56", a radius of286.00 ft.; a tangent of56.97 

ft., an arc length of 112.47 ft.; a chord bearing ofNORTH 25° 11'43" 

WEST, a chord length of 111.75' to a point on a reverse curve; 

THENCE in a Northwesterly direction along a curve to the right with 

a delta angle of26°42'38", a radius of86.00 ft., a tangent of20.42 ft., 

an arc length of 40.09 ft., a chord bearing of NORTH 23 °06'17" 

WEST and a chord length of39.73 ft. to a point; 

THENCE NORTH 09"44'53" WEST, a distance of 15.00 ft. to a 

point in a curve on the South right-of-way of Crossroads Parkway; 

THENCE in an EASTERLY direction along a curve to the right and 

the South right-of-wayofsaid Crossroads Parkway with a delta angle 

of 13 °07'18", a radius of 804.50 ft., a tangent of 92.53 ft., an arc 

lengthofl84.24 ft., a chordbearing ofNORTH86"48'51"EAST, and 

a chord distance of 183.84 ft. to a point in a curve; 

THENCE in a Southerly direction on a curve to the right with a delta 

angle of 10 0 05'30", a radius of293.00 ft., a tangent of25.87 ft.; an 

arclength of51.61 ft., a chord bearing ofSOUTH 13 "08'23" EAST, 

and a chord length of51.54 ft. to a point; 

THENCE SOUTH 08 °05'38" EAST, a distance of 268.83 ft. to a 

point; 

THENCE SOUTH 65°21'06" WEST, a distance of 176.41 ft. to a 

point; 

THENCE NORTH 25"20'01" WEST, a distance of 86.09 ft. to a 

poillt~ 

THENCE SOUTH 66 0 25'12" WEST,adistanceof83.35 ft. to a point 

on the Easterly right-of-way line ofUS Highway 49; 

THENCE NORTH26°23'52" WEST, along the Easterlyright-of-way 

line ofUS Highway 49 a distance of 116.47 ft. TO THE POlm OF 

BEGINN1NG. 

Said parcel contains 76,187 square feet or 1.7490 acres. 

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EXHIBIT "C-Z" 

H . 

:::IT- 

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369 

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EXHIBIT "D" 

TENANT'S FINAL PLANS AND 

SPECIFICAnONS 

[TO BE ATTACHED] 

• 

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• 

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DALDOCSI13281)931,4 

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EXHIBIT "E" 

MEMORANDUM REGARDING GULFPORT CHILI'S 

REIMBURSEMENT ISSUES 

1. ASPHALT $10,000.00: The asphalt work we anticipate being reimbursed for includes 

Y:z the north-south entry drive offCrossroads Parkway and Y2 

the east-west internal drive, just south of the proposed 

Albertson's pump station site. 

2. 

3. 

CURBING $ 2,400.00: Off-site curbing, as indicated on the attaclunent, will only be 

constructed if it is made a condition of Chili's receiving a 

final certificate ofoccupancy. 

RAILING $ 3,250.00: The railing indicated on the plans is the result ofa grading 

condition created when the site was raised out ofthe floodway 

and the existing electric tower remained in place. A retaining 

wall is being constructed by the developer, outside of the 

Chili's parking spaces in that same area, and the railing is 

• 

required due to the drop in grade around the transmission 

tower. The railing scope appeared on the latest set ofChili's 

construction documents, and the estimated cost may be a little 

high in that Construction put a number on the railing prior to 

our receiving the actual detail. 

4. SPLITTER $ 6,250.00: This structure ultimately provides for site drainage to be 

routed into the floodway. The cost is split proportionately, 

according to the square footage of each parcel compared to 

the total square footage ofthe combined parcels. 

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EXHIBIT "F" 

NON-DISTURBANCE AND ATTORNMENT AGREEMENT 

THIS NON-DISTURBANCE AND ATTORNMENTAGREEMENT (this "Agreement") 

is made and entered into this the__ day of 

, 2000 by and between BRINKER 

MISSISSIPPI, INC., a Delaware corporation ("Tenant"), HARRISON COUNTY BOARD OF 

EDUCATION ("Ground Lessor"), and TW, INC., a Mississippi corporation ("Landlord"). 

• 

WHEREAS, Landlord and Tenant executed that certain Sublease Agreement dated as of 

--,- ~ ' 2000 (the "Lease"), a memorandum of which may be recorded 

simultaneously herewith, covering a certain parcel of real estate, a legal description ofwhich is 

attached hereto and incorporated herein by this reference as Exhibit "A" (said parcel ofreal estate 

being referred to herein as the "Property"); and 

I 

\VHEREAS, Landlord, as lessee, and Ground Lessor, as lessor, have executed that certain 

Sixteenth Section Commercial Lease Contract dated December 21, 1995 (the "Ground Lease"), 

recorded at Book 1322, Page 518 in the official records ofHarrison County, Mississippi; and 

WHEREAS, it is a condition to the Ground Lease that the Ground Lease shall 

unconditionally be and remain at all times a lien or charge upon the Property, prior and superior to 

the Lease and to the leasehold estate created thereby; and 

\VHEREAS, the parties hereto desire to aSS1lre Tenant's possession and control of the 

Property, including any improvements constructed by or on behalf of Tenant thereon, under the 

Lease upon the terms and conditions therein contained; 

• 

NOW, THEREFORE, for and in consideration ofthe mutual covenants and premises herein 

and other good and valuable consideration, the receipt and sufficiency of which are hereby 

acknowledged and confessed by the parties hereto, the parties hereto do hereby agree as follows: 

1. The Lease is and shall be subject and subordinate to the Ground Lease, and to all 

renewals, modifications, consolidations, replacements and extensions thereof, and to all future 

advances made thereunder. 

2. Should Ground Lessor become in possession oftheProperty, the Lease shall continue 

in full force and effect as a direct lease between the Ground Lessor ofthe Property covered by the 

Ground Lease and Tenant, upon, and subject to, all of the terms, covenants and conditions of the 

Lease for the balance of the term thereof remaining, including any extensions therein provided. 

Tenant does hereby agree to attorn to Ground Lessor or to any such owner as its landlord, and 

Ground Lessor hereby agrees that it will accept such attornment. 

I 

• 

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3. Notwithstanding any other provision ofthis Agreement, Ground Lessor shall not be 

(a) liable for any default ofany landlord under the Lease (including Landlord), except that Ground 

• 

Lessor agrees to cure any default ofLandlord that is continuing as ofthe date Ground Lessor takes 

possession of the Property within thirty (30) days from the date Tenant delivers written notice to 

Ground Lessor of such continuing default, unless such default is of such a nature to reasonably 

require more than thirty (30) days to cure and then Ground Lessor shall be permitted such additional 

time as is reasonably necessary to effect such cure, provided Ground Lessor diligently and 

continuously proceeds to cure such default; (b) subject to any defenses which have accrued prior to 

the date ofGround Lessor's possession, unless Tenant shall have delivered to Ground Lessor written 

notice ofthe default which gave rise to such defense and permitted Ground Lessor the same right 

to cure such default as permitted Landlord under the Lease; and (c) bound by any rent that Tenant 

may have paid under the Lease more than one month in advance. 

I 

4. All notices which may be, or are required to be, sent under this Agreement shall be 

in writing and shall be sent by certified or registered U.S. mail, postage prepaid, return receipt 

requested, and sent to the party at the address appearing below or such other address as any party 

shall hereafter inform the other party by written notice given as set forth above: 

LANDLORD 

TW,INC. 

• 

c/o Worrell Investments, Inc. 

6909 Vassar 


Attn: Mr. Terry N. Worrell, President 




Dallas, Texas 7520 I 

Attn: Thomas L. Bloodworth, Esq. 

TENANT 





With statements and billings to: 





Chili's #577 (GUlfport, MS) 

I 

GROUND LESSOR 

Harrison County Board ofEducation 

P.O. Box 1090 


Attn: Henry Arledge, Superintendent 


Albert Necaise, Esq. 

• 

P.O. Box 717 


DI\LDOCSII318IJ9) 1.4 

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All notices delivered as set forth above shall be deemed effective three (3) business days from the 

date deposited in the U.S. mail 

5. Said Ground Lease shall not cover or encumber and shall not be construed as 

subjecting in any malU1erto the lien thereofanyofTenant's improvements or trade fixtures, furniture, 

equipment or other personal property at any time placed or installed in the Property. In the event the 

Property or any part thereof shall be taken for public purposes by condemnation or transfer in lieu 

thereof or the same are damaged or destroyed, the rights ofthe parties to any condemnation award 

or insurance proceeds shall be determined and controlled by the applicable provisions ofthe Lease. 

6. This Agreement shall inure to the benefit ofand be binding upon the parties hereto, 

their successors in interest, heirs and assigns and any subsequent owner ofthe Property covered by 

the Ground Lease. 

7. Tenant shall not be enjoined as a party/defendant in any action or proceeding which 

may be instituted or taken by reason or under any default by Landlord in the performance of the 

terms, covenants, conditions and agreements set forth in the Ground Lease. 

By execution of this Agreement, Ground Lessor approves of the terms of the Lease and 

consents to Landlord and Tenant's execution thereof. The Lease shall govern and control the 

relationship as between Landlord and Tenant, and as to any matter not addressed in the Lease the 

Ground Lease shall control. If a conflict arises between the provisions of the Lease and the 

provisions ofthe Ground Lease as between Landlord and Tenant, the provisions ofthe Lease shall 

control. 

• 

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed 

as ofthe day and year first above written. 

• 

WITNESS: 

GROUND LESSOR: 

HARRISON COUNTY BOARD OF 

EDUCATION 

I 

WITNESS: 

By: ~&J. #ad,,

376 

MINUTE BOOK 



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STATE OF MISS/551 ePI 

COUNTY 0 F ----,-H.:..:.AR....;!::>.!.-"RwlS.

377 

MINUTE BOOK 



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STATEOF 

COUNTY OF 

_ 

_ 

• 

BEFORE ME, the undersigned authority, personally appeared , 

t~ me well known and known to me to be the individual described in and who executed the foregoing 

instrument as 

ofBRINKERMISSISSIPPI, INC., a Delaware corporation, and 

acknowledged to and before me that he executed such instrument as such 

ofsaid 

cOI1loration, and that said instrument is the free act and deed ofsaid corporation. 


I 

(SEAL) 

Notary Public 


• 

DALDOCS/l 328/393 1.4 

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STATE OF 

COUNTY OF 

_ 

_ 


_----,- 

' to me well known and known to me to be the individual 

described in and who executed the foregoing instrument as 

ofTW, INC., a 

Mississippi corporation, and severally acknowledged to and before me that he/she executed such 

instrument as such 

ofsaid corporation, and that said instrument is the free act and 

deed ofsaid corporation. 


(SEAL) 

Notary Public 


OI\LDOCSJI 32&1393 1.4 47 99999.99.999

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Exhibit "A" to Non-Disturbance and Attornment Agreement 

Legal Description ofProperty 

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EXHIBIT "G" 

STATE OF MISSISSIPPI § 

§ 

COUNTY OF HARRISON § 

MEMORANDUM OF LEASE 

THIS MEMORANDUM OF LEASE is made and entered into by and between TW, INC., 

a Mississippi corporation ("Landlord"), and BRINKERMISSISSIPPI, INC., a Delaware corporation 

("Tenant"). 

WIT N E SSE T H: 

Landlord hereby demises and leases to Tenant, and Tenant hereby takes from Landlord, that 

certain tract or parcel of land located in the City of Gulfport, County of Harrison, State of 

Mississippi, the same being more particularly described by metes and bounds on Exhibit A-I 

attached hereto and made a part hereof(the "Land"), together with the non-exclusive use ofall rights, 

privileges, easements, and appurtenances belonging or in any way pertaining thereto, and together 

with any building or other improvements erected and/or to be erected thereon (the "Improvements" 

and, together with the Land, the "Premises"), TO HAVB AND TO HOLD the same for a primary 

term often (10) years (commencing as provided in the Lease described hereafter), with four (4) 

renewal terms of five (5) years each, all pursuant and subject to the terms, conditions, and 

stipulations contained in that certain Lease Agreement dated 

,2000 (the "Lease") 

by and between Landlord and Tenant, to which reference is made for all purposes of which it is 

intended hereby to give notice. 

Exclusive Use. As long as Tenant has not ceased operations on the Premises for more than 

sixty (60) consecutive days as a restaurant, a related bar and/or cocktail lounge, Landlord agrees to 

not lease space in the TW Area (excluding the Land), the same being more particularly described by 

metes and bounds on Exhibit A-2 attached hereto and made a part hereof, nor permit to be \eased 

space on the TWAD Leasehold Property (as defined in that certain Agreement Regarding Restrictive 

Covenants [the "Restrictive Covenants"] dated as ofJuly 28, 1998, made and entered into by and 

among Royal Casino Corporation, Landlord and TWAD, lnc. for the benefit of Gulfport Retail 

Partners, L.P. andjoined by Harrison County Board ofEducation, recorded in Book 1417, beginning 

Page 529 in the Records ofDeeds, State ofMississippi, County ofHarrison, First Judicial District), 

or convey any outparcel, pad or free-standing site located in the TW Area (excluding the Land), nor 

permit to be conveyed any outparcel, pad or free-standing site located in the TWAD Leasehold 

Property, to another "sit-down, table service restaurant" both (x) serving alcoholic beverages and (y) 

operating with a "varied-menu" theme selling hamburgers, ribs, or fajitas, such as, for example 

purposes only, those restaurants presentlyoperating as a BelUligan's, Cheddar's, Houlihan's, Logan's 

Roadhouse, RubyTuesday's and TGI Fridays. The term "varied-menu" theme restaurant shall mean 

a casual dining restaurant selling a wide variety of beef, fish, chicken, pastas, soups, salads and 

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DALDOCS!\ )28IJ9)I. 49 99999.99.')99

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BOARD OF SUPERVISORS, HARRISON COUNTY r MISSISSIPPI 


I 

sandwiches, appetizers and desserts, together with liquor, beer and wine, at popular prices in a 

sit-down, table service casual dining setting, the decor and atmosphere ofwhich is centered around 

• 

a nostalgic or other specialized theme. For the purposes hereof, a restaurant shall not be considered 

to be a "varied-menu" theme restaurant solely by reason ofthe fact that such restaurant does in fact, 

offer a variety ofmenu items. For purposes hereof, any ethnic or specialty restaurant such as, byway 

of example only, Mexican, Gennan, Italian, Chinese, seafood, steakhouse, chop house, chicken, 

barbecue or other restaurant with a specialty menu or featured food item menu, including by way of 

example only, an Olive Garden, Red Lobster, EI Chico or Landry's, shall not be deemed to be a 

"varied menu" theme restaurant. For the purposes hereof, Tenant shall not be deemed to have ceased 

operations in the event that it is closed for remodeling, renovating, or restoring the restaurant 

building following a casualty, provided such closure does not exceed one hundred eighty (180) days, 

Notwithstanding anything to the contrary, this exclusive use restriction shat! not apply to (i) the 

Crossroads Shopping Center Land (defined in the Restrictive Covenants), (ii) the real property 

subleased to Adkins' Backyard Burgers, (iii) the real property subleased to O'Charley's, and (iv) the 

Royal Casino Leasehold Property (defined in the Restrictive Covenants). 

I 

• 

Easement. During the term ofthe Lease, including any Renewal Tenus, Landlord does hereby 

grant and convey to Tenant for the benefitofTenant, Tenant's employees, representatives, consumers 

and invitees, a penuanent, non-exclusive, right-of-way access easement approximately fourteen feet 

(14') in width (the "Easement") over the parcel of real property adjacent to the Premises (the 

"Adjacent Property") for the purposes of (i) pedestrian and vehicular ingress and egress and (ii) 

maintaining and repairing the Easement pursuant to the tenus and provisions ofthe Lease. 

Reserved Easement. During the term ofthe Lease, including any Renewal Terms, Landlord 

does hereby reserve the right to grant and convey a permanent, non-exclusive, right-of-way access 

easement approximately fourteen feet (14') in width (the "Reserved Easement") over the Premises 

for the purposes of(i) pedestrian and vehicular ingress and egress and (ii) maintaining and repairing 

the Reserved Easement pursuant to the tenus and provisions ofthe Lease. 

This Memorandum ofLease is not intended to alter or supersede the Lease, and in the event 

ofany conflict between this Memorandum ofLease and the Lease, the provisions ofthe Lease shall 

control. 

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IN WITNESS WHEREOF, the Landlord and Tenant have executed this Memorandum of 

Lease to be effective as ofthe latest ofthe dates set forth below. 

LANDLORD: 


• 

Date:. 

TENANT: 

Terry N. Worrell 

President 

BRlNKER MISSISSIPPI, INC., 


_ 

I 

Date: 

Jay 1. Tobin, 

Vice President 

_ 

• 

ACKNOWLEDGMENT 

STATEOF 

COUNTY OF 

_ 

_ 

§ 

§ 

§ 

This instrument was acknowledgedbefore me on this__dayof . , 2000, 

by 

of 

__________~ , a , on 

behalfofsaid 

_ 

I 

NOTARY PUBLIC, STATE OF ~ 

_ 

• 

OALDOC$/1328/J9J 1.4 

5\

383 

MINUTE BOOK 



• 


ACKNOWLEDGMENT 

STATE OF TEXAS § 

§ 

COUNTY OF DALLAS § 

This instrument was acknowledged before me on this __ day of . 

• 

2000, by lAY L. TOBIN, Vice President and Assistant Secretary of ~ , a 

, on behalfofsaid corporation. 


NOTARY PUBLIC, STATE OF TEXAS 

LANDLORD'S ADDRESS: 

TW, INC. 

TENANT'S ADDRESS: 


6820 LBl Freeway 

DaHas, Texas 75240 


• 

AFTER RECORDING, RETURN TO: 

Janet Busch 


6820 LBJ Freeway 


DALDOCSiI 3281)931.4 

52 999999~.999

384 

MINUTE BOOK 



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Exhibit "A-I" to Memorandum of Lease 

Legal Description ofthe Land 

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DALDOCSIIJ281J9J 1.4 

53 99999.99.999

MINUTE BOOK 



385 

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Exhibit "A-2" to Memorandum ofLease 

Legal Description ofthe TW Area 

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DALDOCS/1328/J9J I.J 

54 99999.99.9()"1

386 

MINUTE BOOK 



• 

EXHIBIT "H" 

COMMENCEMENT AND TERMINAnON AGREEMENT 

THIS AGREEMENT (the "Agreement") is entered into this day of 

_______', 2000 by and between TW, Inc. a Mississippi corporation ("Landlord"), and 

BRINKER MISSISSIPPI, INC., a Delaware corporation, ("Tenant"). 

WIT N E SSE T H: 

WHEREAS, Landlord and Tenant entered into a Lease Agreement dated 

______________, 2000, for certain real property (the "Premises") located in 

the Cityof , Countyof , State of (together with any amendments 

thereto, the "Lease"); and 

• 

WHEREAS, it is the desire and intent ofLandlord and Tenant to clearly define the terms of 

said Lease. 

NOW, THEREFORE, it is agreed by and between Landlord and Tenant that: 

1. 

2. 

3. 

The Rent Commencement Date ofthe Lease is , 2000. 

The Primary Term ofthe Lease commenced on ,2000, and shall terminate at 11 :59 

p.m., time, on ,20_ 

The Lease provides for U Renewal Terms of U years each. 

4, Tenant has the right to exercise each option by providing Landlord with written notice ofits 

election to renew no later than 

prior to the expiration ofthe Primary Term 

or prior Renewal Term, as applicable. 

5. The Lease is now in full force and effect and all terms and conditions ofthe Lease are hereby 

ratified and confirmed. 

Landlord and Tenant agree that this document will not be recorded in any public records 

including the real estate records of the county where the Premises are located. 

• 

DALDOCS/1328/39J I ,.t 55

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. IN WITNESS WHEREOF, Landlord and Tenant have executed this Agreement as oftheday 

and year first above written. 

• 

LANDLORD: 


By: 

Its: 

_ 

_ 

I 

TENANT: 

BRfNKER MISSISSIPPI, INC., 


• 

By: 

Jay L. Tobin, Vice President 

and Assistant Secretary 

_ 

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DALDOCS/Il2S/39J 14 56 99999.99 999

388 

MINUTE BOOK 



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EXHIBIT "I" 

GUARANTY 

This Guaranty (this "Agreement"), dated effective as ofthe effective date of the foregoing 

Lease is made by BRINKER INTERNATIONAL, INC. (the "Guarantor"), a Delaware corporation 

in favor ofTW, INC. ("Landlord"), a Mississippi corporation. 

A. BRINKER MISSISSrPPI, INC. ("Tenant"), a Delaware corporation has entered into 

a Sublease Agreement (the "Lease") with Landlord for certain premises in Gulfport, Harrison 

County, Mississippi, (the "Premises"). Tenant is a wholly-owned subsidiary ofBrinker Restaurant 

Corporation, a Delaware corporation, which is a wholly-owned subsidiary ofthe Guarantor. 

B. In order to induce Landlord to execute the Lease with Tenant for the Premises, The 

Guarantor has agreed to enter into this Agreement and by this instrument does hereby guaranty the 

payment and performance of all liabilities, obligations and duties (including, but not limited to, 

payment of rent) imposed upon Tenant under the terms of the Lease, as if the undersigned has 

executed the Lease as tenant thereunder. 

C. The guaranties provided inthis Agreement are reasonably expected to benefit, directly 

or indirectly, the Guarantor. Further, it is in the best interest of the Guarantor to provide the 

guaranties set forth hereunder, and such guaranties are necessary or convenient to the conduct, 

promotion or attainment ofthe business of the Guarantor and also necessary or convenient to the 

conduct, promotion or attainment ofthe business of, either directly or indirectly, the wholly-owned 

subsidiaries ofthe Guarantor. 

• 

I 

• 

NOW, THEREFORE, in consideration ofthe premises and in order to induce Landlord to 

enter into the Lease with Tenant, the Guarantor hereby agrees as follows; 

1. Guaranty. The Guarantor hereby unconditionally guarantees to Landlord, as the 

direct beneficiary, the punctual performance or payment (as the case may be) when 

due of all obligations ofpayment, now or hereafter existing under the Lease. 

2. Guaranty Absolute. The Guarantor guaranties that the payment and perfonnance of 

all liabilities, obligations and duties (including, but not limited to, payment ofrent) 

will be perfonned or paid (as the case may be) strictly in accordance with the terms 

ofthe Lease. The liability ofthe Guarantor under this Agreement shall be absolute 

and unconditional irrespective of: (i) any lack of validity or enforceability of the 

Lease andJor any provisions of the Lease; (ii) any law, regulation or order now or 

hereafter in effect in any jurisdiction affecting any ofthe terms ofthe Lease; (iii) any 

change in the time, manner or place of performance or payment of, or in any other 

term of, the Lease, or any other amendment, extension or supplement thereto; or (iv) 

any other circumstance which might otherwise constitute a defense available to, or 

a discharge of, the obligations ofthe Guarantor hereunder. 

I 

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DALDOCS/l}28rl9lI.4 57 9999999999

389 

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MINUTE BOOK 



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3. 

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4. 

• 

Waiver. The Guarantor hereby waives notice ofacceptance of this Agreement and 

all other notices in cOlUlection herewith or in COlUlection with the liabilities, 

obligations and duties guaranteed hereby, including notices of default by Tenant 

under the Lease, and waives diligence, presentment and suit on the part ofLandlord 

in the enforcement ofany liability, obligation or duty guaranteed hereby. 

Representations and Warranties of the Guarantor. The Guarantor represents and 

warrants that it is a corporation duly incorporated, validly existing and in good 

standing under the laws ofthe jurisdiction where it is organized and existing, and is 

duly qualified to do business, and is in good standing, in everyjurisdiction where the 

nature of its business requires it to be so qualified and where the failure to qualify 

would materially and adversely affect the business, financial position or results ofthe 

operations of the Guarantor. The execution, delivery and performance by the 

Guarantor ofthis Agreement are within the Guarantor's corporate powers, have been 

duly authorized by all necessary corporate action ofthe Guarantor, require, in respect 

ofthe Guarantor, no action byor in respect of, or filing with, any governmental body, 

agency or official and do not contravene, or constitute a default under, any provision 

oflaw or regulation applicable to the Guarantor or the certificate ofincorporation or 

bylaws of the Guarantor or any agreement, judgment, injunction, order, decree or 

other instrument binding upon the Guarantor. This Agreement is the legal, valid and 

binding obligation of the Guarantor and enforceable against the Guarantor in 

accordance with its terms, except as the enforceability thereofmay be limited by the 

effect ofany applicable bankruptcy and insolvency, reorganization, moratorium or 

similar laws affecting creditor's rights generally and by general principles ofequity. 

5. Miscellaneous. 

I 

• 

(i) 

The Guarantor further agrees that Landlord shall not be first required to 

enforce against Tenant or any other person any liability, obligations or duty 

guaranteed hereby before seeking enforcement thereofagainst the Guarantor. 

Suit may be brought and maintained against the Guarantor by Landlord to 

enforce any liability, obligation or duty guaranteed hereby without joinder of 

Tenant or any other person. The liability of the Guarantor shall not be 

affected by any indulgence, compromise, settlement or variation of terms 

which may be extended to Tenant by Landlord or agreed upon by Landlord 

and Tenant, and shall not be impaired, modified, changed, released or limited 

in any malUler whatsoever by any impairment, modification, change, release, 

or limitation of the liability of Tenant or its estate in bankruptcy, or of any 

remedy for the enforcement thereof, resulting from the operation of any 

present or future provisionoftheNational Bankruptcy Act, or any similar law 

or statute of the United States or any State thereof. Landlord and Tenant, 

without notice to or consent by the Guarantor, may at any time or times enter 

into such extensions, amendments, assignments, subleases, or, other 

covenants respecting the Lease as they may deem appropriate; and the 

DALOOCSIIJl3/3931.4 58 9999999,999

390 

MINUTE BOOK 



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I 

(ii) 

(iii) 

Guarantor shall not be released thereby, but shall continue to be fully liable 

for the payment and performance ofall liabilities, obligations and duties of 

Tenant under the Lease as so extended, amended, assigned or otherwise 

modified. 

The Guarantor agrees that if Landlord shall employ an attorney to present, 

enforce or defend all of Landlord's rights or remedies hereunder, the 

Guarantor shall pay any reasonable attorney's fees incurred by Landlord in 

such connection. 

Notwithstanding anything to the contrary herein contained, in the event the 

Lease is terminated and Tenant has no continuing liability or further liability 

thereunder or in the event Tenant is released from its obligations and 

liabilities under the Lease by Landlord or its successors or assigns, this 

Guaranty shall be null and void and of no further force and effect, and 

Landlord shall return the originally executed Guaranty to the Guarantor. 

• 

I 

This Agreement shall be binding upon the Guarantor and the successors, heirs, executors and 

administrators of the Guarantor, and shall inure to the benefit of Landlord and Landlord's heirs, 

administrators, and assigns. 

EXECUTED, this day of ----', 2000 to be effective the same 

day as the effective day ofthe Lease. 

GUARANTOR: 

• 

BRINKER illTERNATIONAL, INC., 


By:__--- 

_ 

Name: 

_ 

Title: ~ _ 

I 

• 

DALDOCSI\ JI8I39>1.4 59 999'11).99.999

• 

MINUTE BOOK 



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391 





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392 

MINUTE BOOK 



supervisor MARLIN R. LADNER moved adoption of the fOllowing: 

ORDER APPROVINC THE EMPLOYMENT OF MEADOWS & RILEY 

TO REPRESENT THE BOARD OF SUPERVISORS IN CAUSE NO. 

1:99CV578CR, STYLED HENDERSON V. HAYDEN, ET AL. 

• 

I 


MISSISSIPPI, that the Board does HEREBY APPROVE the employment of 

Meadows & Riley to represent tile Board of Supervisors in Cause No. 

1:99cv578Gr, styled Henderson v. Hayden, et at. 




• 






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MINUTE BOOK 



393 

I 


ORDER APPROVING APPLICATION WITH THE DEPARTMENT OF 

MARINE RESOURCES FOR A PERMIT FOR BRIDGE REPLACEMENT 

ON OLD HIGHWAY 49 PROJECT NO. LSBP-24(4) AND PAYMENT 

OF FEE IN THE AMOUNT OF $150.00 


MISSISSIPPI, that the Board does HEREBY APPROVE application with the 

Department of Marine Resources for a permit for bridge replacement on Old 

Highway 49 Project No. LSBP-24(4l and payment of fee in the amount of 

• 

$150.00, said application being in the fallowing form, words and figures: 

I 

• 

I 

•

394 

MINUTE BOOK 



• 

I 

.~ 

Ạ. 

GARNER RUSSELL & ASSOCIATES, INC. I CONSULTING ENGINEERS 

. 520 33 m STREET, GULFf'ORT. MS 39507 ... TEL (228) 863-0667 

P.O. BOX 1677. GULFPORT. MS ~9502· FAX (228) 863-5232 

A. Garner Russell. P.E., President 

John Campton. PE, Sec./Treas. 

Douglas Rackley, P.E. 

Scott Burge, P,E. 

February 1, 2000 

• 


P. O. Drawer CC 


Re: 

Gentlemen: 

Board Meeting of February 7, 2000 

Local System Bridge Replacement 

Old Highway 49 

Project No. LSBP-24(4) 

I 

Contract documents for the above referenced project are almost finished and will soon 

be submitted to State Aid for approval and permission to advertise for bids. 

A Department of Marine Resources permit is required for this project. Therefore we 

have prepared and enclose for the Board consideration said Permit Application which requires 

the Board's execution along with a check for $150.00 permit application fee. 

• 

You rs very truly, 

c:J~V2~ 

A. Garner Russell, P.E. 

AGPJ 

I 

0:\1193\OMR Permit Agenda.doc Page' of 1 

•

395 

• 

MINUTE BOOK 



I 

JOINT APPLICATION AND NOTIFICATION 

U,S, DEPARTMENT OF ARMY CORPS OF ENGINEERS 

MISSISSIPPI DEPARTMENT OF MARINE RESOURCES 

MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITYJOFFICE OF POLLUTION CONTROL 

This form is to be used for proposed activities in waters of the Uniled States and Mississippi and for the 1. Date 

erection of structures on suitable sites for water dependent industry, Note that some ~ems, as indicated" _ 

.)IY only to projects located in the coastal area of Hancock HarTison and Jackson Counties. 

month 

day 

year 

2. Applicant (mailing address and telephone) 


cia A. Garner Russell & Associates, Inc. 

p, O. Box 1677 


Ph: 228 863·0667 

3, Official use only 

COE, 

_ 

DMR, 

_ 

DEO'--- 

_ 

A95, _ 

DATE RECEIVED, 

'. Project location 

I 

StreetAddress,--'O;:.:;ld"'H"'I"'gh:.;;w"".v""4""9 City/Community.:;G::::u1.:r:fp;;;.OTt.::..;,;;M"'S _ 

Name of Waterway Flat Branch Latitude 30· 28' 45" Long~ude (if known) 89" 06' 30" 

Geographic location: Section..-""32'---- Township_-""6S'---- Range II W Counly H,ni,on 

S. Project description 

Dredging 

__Channel 

__Canal 

• 

__Boat Slip 

__Manna 

__Other (explain) 

New wor'r

386 

MINUTE BOOK 



• 

I 

6. Additional information relating to the proposed activity 

'lees project area contain any marsh vegetation? Yes__No~ (ffyes, explain), - _ 

IS any portion of the aclivilyforwhich authorization is sought now complete! Yes__No__ (if yes, explain) 

_ 

Month and yearactivily took place, --:- --__- __-- 

If project is for maintenance work on existing structures or eXisting channels, desCllbe legal authorization for Ihe existing work. Provide pennit number, dates or 

otherfonn(s) ofauthorization.~ 

_ 

Has any agency denied approval for the ac1ivity described herein offor any activity thai is direct~ relaled to the activity described herein? Yes __ No__ 

(ifyes,explain) 

_ 

• 

7. Project schedule 

Proposed start date Proposed completion date, _ 

Expected completion date (or development timetable) for any projects dependenl on the activity described herein. 

_ 

8, Estimated cost of the project $345,000,00 

9. Describe the purpose of this project. Describe the relationship between this project and any secondary or future 

development the project is designed to support_:..:Re::.!:l':.::la:.:,:ce:::m:::en::cl.:;;of:..;d;::il;:;o;,p""ida::::.t::::.ed::.cb:.:.n:::'dg""e'--- 

_ 

I 

Intended use: Private Commercial Public X Other (Explain) 

. Describe the public benefits of the proposed activity and of the projects dependent on the proposed activity, 

Also describe the extent of public use of the proposed project. 

Provide access to commercial. residential, and school for the public. 

11. Remarks 

• 

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397 

• 

MINUTE BOOK 



I 

• 

12. Provide th.e names and addresses of the adjacent property owners. Also identify the property owners on the plan 

view of the drawing described in Attachment "Au. (Attach additional sheets if necessary.) 

1. ~ 

3. James H. Henning & Wife 

Arthru R. & Marietta R. Irby 

Edwin T. & Sandra D. Alliston 

14494 Collins Blvd. 

P. O. Box 279 

13266 John Clark Road 


Welaka, FL 32193-0219 


I 

13. List all approvals or certifications received or applied for from Federal, State and Local agencies for any structures, 

construction, discharges, deposits or other activities described in this application. Note that the signature in Item 14 

certifies that application has been nude to or that permits are not required from the following agencies. if permits 

are not required, place N/A in the space for Type Approval. 

~ Type Approval Application Date Approval Date 

Dept. of Environmental Quality 


US. Army Corps of Engineers 

• 

City/Counly 

Other 

_ 

Certification and signatures 

Application is hereby made for authorization 10 conduct the activities descnbed herein. Iagree to provide any additional info information nldata lhat may be necessary 10 

provide reasonable assurance or evidence to show that the proposed project will comply with the applicable stale water quality standards or other environmental 

protection standards bolh during construclion and after the project is completed. Ialso agree to provide entry to the project side for inspectors from the 

environmental protection agencies for the purpose of making preliminary analyses of the she and monitoring permitted works. Icertify that I am familiar with and 

responsible for the information contained in this application, and Ihat 10 the best of my knowledge and belief, such information is true, complete and accurate. I 

further certify that I am Ihe owner of the property where the proposed project is located or that I have alegal interesl in the property and that Ihave full legal 

authority to seek this pennit. 

S~nature of Applicant or Agent Dale 

I 

18 U.S.C. Section 1001 provides that Whoever, in any manner within the jurisdiction of any department or agency of the United Stales knowing~ and willingly 

falsifies. conceals, or covers up by any trick scheme or device amaterial fact or makes any false, ficmious or fraudulent statements or representations or makes or 

uses any false writing or document knowing same to contain any false, fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or 

imprisoned not more than five years, or both. 

15. Mississippi Coastal Program (Coastal area only) 

Icertify that the proposed project for which authorization is sought complies 'Nith the approved Mississippi Coastal Program and will be conducted in amanner 

consistent with the program. - 

• 

Signature of Applicant or Agent 

page 3 

Dale

396 

MINUTE BOOK 



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I 

~6. Fees 

Payable 10 Stale of Mississippi 

$50.00 Residential 

$500.00 Commercial 

$50.00 Cost of public notice fee 

Please include appropriate fees for all projects 

proposed in coastal areas of Hancock, Harrison and 

Jackson counties. 

17. If project is in Hancock, Harrison or Jackson Counties, send one completed copy of this application form and 

appropriate fees listed in Item 16to: 


1141 Bayview Avenue, Suite 101 


If project IS NOT in Hancock, Harrison or Jackson Counties, send one completed copy of this application form to each 

agency listed bellow: 


US. Army Engineer 

District Mobile 

Attn: SAMOP-S 

PO. Box 2288 

Mobile, Al36628 


US. Amy Engineer 

District Vicksburg 

Attn: lMKOD-FE 

21 01 Nol1ti Frontage 

Vicksburg, MS 39180 

,8. In addition to the completed application form, the following attachments are required: 

Director 

Mississippi Dept of Environmental Quality 

Office of Pollution Control 

P.O. Box 10385 

Jacxson, MS 39289 

Attachment "A" Drawings 

Provide a vicinity map showing the location of the proposed site along with awritten description of how to reach the site from major highways or landmarks 

Provide accurate drawings 01 the project site with proposed activities shown in detail. All drawings must be 10 scale or with dimensions noted on drawings and must 

show aplan view and cross section or elevation. Use 8 1/2 x 11 white paper or draWing sheet attaChed. 

• 

I 

• 

Attachment "B" Authorized Agent 

If applicant desires to have an agent or Cllnsultant act in his behalf for permit coordination, a signed authorizalion designaling said agent musl be provided with the 

application forms. The authorized agent named may sign the applicaticn forms and the consistency statement 

Attachment "C" Environmental Assessment 

ProVide an appropnate report or statement assessing environmental impacts of the proposed activity and the final project dependent on it. The project's effects on 

the wetlands and the effects on the life dependent on them should be addressed. Also provide a complete description of any measures to be taken to reduce 

detrimental offsite effects to the coastal wetlands dUring and after the proposed activity. Allernalive analysis, minimization and mitigation information may be 

required to complete project evaluation. 

Attachment "0" Variance or Revisions to Mississippi Coastal Program (Coastal area only) 

til the applicant is requesting avariance 10 the guidelines in Sedion 2, Part III, or a revision to the Coastal Wetlands Use Plan in Section 2, Part IV of the Rules, 

Regulations, Guidelines and Procedures of the Mississippi Coastal Program, arequest and justiftcalion must be provided. 

I 

page 4 

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399 

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MINUTE BOOK 



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• 

25 

I 

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• 

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•

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• 

MINUTE BOOK 



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I 

 

402 

MINUTE BOOK 







AYE 

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Supervisor MARLIN R. LADI\IER voted 


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•

MINUTE BOOK 



403 

I 


ORDER APPROVINC ADVERTISEMENT FOR NOTICE OF 

INVITATION TO BID FOR THE CANAL ROAD EXTENSION 

PROJECT NO. STP-114S(3lB 


MISSISSIPPI, that the Board does HEREBY APPROVE advertisement for Notice of 

Invitation to Bid for the canal Road extension project No. STP-1145(3lB. 



• 



AYE 



AYE 

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AYE 


AYE 


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


• 


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•

404 

MINUTE BOOK 




RESOLUTION COMMENDING THE BOARD MEMBERS OF ALL 

MUNICIPAL AND COUNTY SCHOOL DISTRICTS AS PART OF THE 

SCHOOL BOARD MEMBER RECOGNITION WEEK PROCLAIMED IN 

MISSISSIPPI FOR FEBRUARY 13-18,2000 

• 

I 

WHEREAS, the municipal and county school districts of Harrison County, 

MisSissippi continue to provide quality education to the children of Harrison 

County, Mississippi; and 

WHEREAS, the future of our community depends to a large extent upon 

the quality of education provided by the municipal and county school 

districts of Harrison County, Mississippi; and 

WHEREAS, the school board members of all municipal and county 

• 

SChOOl districts of Harrison County, Mississippi work diligently to ensure that 

boys and girls of this community are provided education opportunities that 

help them compete effectively in today's ever-changing technOlogy-driven 

society; and 

WHEREAS, the board members of the municipal and county school 

I 

districts of Harrison county, Mississippi have proven responsive to the 

community, seeking to serve the best interests of both children and 

community; and 

WHEREAS, School Board Member Recognition week has been 

• 

proclaimed in Mississippi for February 13-18,2000; and 

WHEREAS, this community owes deep gratitude to the municipal and 

county school districts of Harrison County, Mississippi and their board 

members: 

BE IT THEREFORE RESOLVED that we, the members of the Board of 

Supervisors of Harrison county, MiSSiSSiPpi, do hereby commend the 

municipal and county school districts of Harrison county, Mississippi and 

salute them for their continued commitment to the c~lildren of our school 

system. 

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MINUTE BOOK 



405 

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406 

MINUTE BOOK 




ORDER REQUESTING THE HARRISON COUNTY TOURISM 

COMMISSION TO ADVERTISE THE COUNTY RESOURCES, AS 

LISTED 

• 

I 


MISSISSIPPI, that the Board does HEREBY REQUEST the Harrison County Tourism 

Commission to advertise the County Resources, as listed: 

1. 5500.00 for inside front cover ad in the souvenir booklet of the 

Alpha Phi Alpha Fraternity'S 2000 Spring Beautillion. 

2. $500.00 for back page ad in the souvenir booklet of the Kappa Alpha 

psi Fraternity'S 17 th Annual Mardi Gras ScholarShip Extravangaza. 

• 







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THIS, the 7 th day of February, 2000. 

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407 

• 

MINUTE BOOK 



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Supervisor Connie Roekeo moved the 

adoption of the following Resolution: 

A RESOLUTION OF THE HARRISON COUNTY BOARD 

OF SUPERVISORS REQUESTING TH~ HARRISON 

COUNTY SCHOOL DISTRICT TO DECLARE CERTAIN 

PROPERTY SURPLUS AND TRANSFER TITLE TO 

HARRISON COUNTY, AND FOR RELATED PURPOSES. 

• 

WHEREAS, the Harrison County Board of Supervisors (hereafter 

"the Board") 

hereby requests the Harrison County School District 

(hereafter "School District") to declare certain property as 

surplus and transfer title of same to Harrison County 

(hereafter 

I 

"County"), see property description attached and marked as 

Exhibit "A"; and 

WHEREAS, the Board desires to use this property to build a 

senior citizens center, which will benefit a large number of 

seniors in this area. 


• 


SECTION I. Upon the adoption of this Resolution, the 

Harrison County Board of Supervisors does hereby request the 

Harrison County School District to declare certain property 

surplus and transfer title of same to Harrison County, 

said 

property being described in the attachment marked as Exhibit "A". 

SECTION II. 

The purpose for the transfer of the herein 

described property is to build a 

senior citizens complex. 

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MINUTE BOOK 



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I 

SECTION III. 

to Miss. Code Ann. 

Such declaration and transfer is made pursuant 

§31-7-13, et. seq. and willbe-donated-to 

Harrison County. 

Supervisor Larry Benefield seconded the Motion 

to adopt the above and foregoing Resolution whereupon the 

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

Supervisor BOBBY ELEUTERIUS voted, Aye 

Supervisor MARLIN LADNER voted, Aye 

• 

Supervisor LARRY BENEFIELD voted, Aye 

Supervisor CONNIE ROCKCO voted, Aye 

supervisor WILLIAM MARTIN voted, Aye 



the Resolution adopted on this the ~ day of February 

2000. 

I 

• 

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•

409 

MINUTE BOOK 



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SAUCIER SENIOR CITIZENS COMPLEX 

• 

I 

• 

DESCRIPTION 

Commence at the Southwest corner ofSection 6, TOWJ?ship 5 South, Ran.ge 11 West, 

First Judicial District, Harrison County, Mississippi; thence East, 1020.0 feet; thence N 

01° 00' E, 237.0 feet; thence S 80° 20' E, lOLl feet to a concrete right-of-way marker 

in the East line ofOld Highway 49 (a.k.a. Church Avenue), the Point ofBeginning. 

From said Point ofBeginning proceed S 66° 52' E, 101.4 feet to a one inch iron pipe in 

the West line ofOld Highway 55 (a.k.a. School Road) which point is non-tangent to a 

plane circular curve to the left and concave to the Northeast and which curve has a radius 

of368.0 feet and a central angle ofl9° 31'; thence Southeasterly along the arc ofsaid 

curve and along the Westerly line ofsaid Old Highway 55, 125.3 feet to a 1/4 inch iron 

rod which point bears S 34° 18' E, 124.7 feet from the last point above described; thence 

S 45° 25' W, 27.0 feet to a 1/4 inch iron rod in the North line ofAngel Street; thence N 

88° 38' W along the North line ofsaid Angel Street, 145.0 to a 1/4 inch iron rod at the 

intersection ofsaid North line ofAngel Street with the East line ofOld Highway 49; 

thence N 00° 14' E along said East line ofOld Highway 49, 158.4 feet to the Point of 

Beginning, containing 0.399 acres approximately and being located in the Southwest 1/4 

ofthe Southwest 1/4 ofSection 6, Township 5 South, Range 11 West, First Judicial 

District, Harrison County, Mississippi. 

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410 

MINUTE BOOK 



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I 

RESOLUTION 

THERE CAME ON-paR CONSIDERATION,before the Board of Supervisors of 

Harrison County, Mississippi, a Resolution to memorialize the Mississippi Legislature to 

amend House Bill No. 1740 of the Local and Private Legislation of the 1999 Regular 

Legislative Session. Supervisor 

following Resolution: 


RESOLUTION OF THE HARRISON COUNTY 

BOARD OF SUPERVISORS MEMORIALIZING THE 

MISSISSIPPI LEGISLATURE TO AMEND HOUSE 

BILL NO. 1740 OF THE LOCAL AND PRIVATE 

LEGISLATION OF THE 1999 REGULAR 

LEGISLATIVE SESSION AS SET FORTH HEREIN. 

moved the adoption of the 

WHEREAS, House Bill No. 1740, Local and Private Legislation of the 1999 

Regular Session of the Mississippi Legislature, provided for certain provisions for the 

• 

I 

creation ofpublic utility districts in connection with master-planned communities: and, 

WHEREAS, the unique nature of a master-planned community to be developed 

on land without current residents gives rise for the need for amendment to clarify the 

eligibility ofnon-resident Board members; and, 

WHEREAS, the future residents within the territory of such districts would 

benefit from an expansion of authority for public utility districts to include drainage and 

• 

recreation as optional services that may be provided if requested by the developer of the 

master-planned community. 

NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of 

Harrison County, Mississippi that: 

I. The Harrison County Board of Supervisors hereby memorializes the 

Mississippi Legislature to adopt the amendments attached to and made a 

part of this Resolution amending House Bill No. 1740 Local and Private 

Legislation, 1999 Regular Session, and hereby requests the Harrison 

I 

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411 

MINUTE BOOK 



I 

County Legislative Delegation to adopt these amendments and pass them 

into Law during the Regular 2000 Session ofthe Mississippi Legislation. 

2. This Resolution shall be in full force an~ effect from and after passage. 

The aforesaid Resolution was seconded by Supervisor 

Connie Rockeo 

• 

and the same being put to a roll call vote the result was as follows: 

SUPERVISOR BOBBY ELEUTERlUS VOTED Aye 

SUPERVISOR CONNIE ROCCO VOTED Aye 

I 

SUPERVISOR LARRY BENEFIELD VOTED Aye 

SUPERVISOR MARLIN LADNER VOTED Aye 

SUPERVISOR WILLIAM W. MARTIN 

VOTED 

Aye 

The motion to adopt the Resolution having received the unanimous vote of the 

Supervisors of the Harrison County, Mississippi present and voting, the President 

therefore declared the Resolution carried on the same was adopted and approved on this, 

• 

the 7th day ofFebruary, 2000. 

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2

412 

MINUTE BOOK 



• 

RESOLUTION OF EAST CENTRAL HARRISON COUNTY 

PUBLIC UTILITY DISTRICT NO.1 

I 

WHEREAS, House Bill No. 1740 Local and Private Legislation, in 1999 Regular 

Session of the Mississippi Legislature, prOVided for .certain provisions for·the creation of 

public utility districts in connection with master-planned communities; and 

WHEREAS, the unique nature of a master-planned community to be developed 

on land without current residents gives rise for the need for amendments to clarify the 

eligibility of non-resident Board members; and 

WHEREAS, the future residents within the territory of such districts would 

• 

benefit from an expansion of authority for public utility districts to include drainage 

and recreation as optional services that may be provided if requested by the developer 

of the master-planned community; 

NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the 

East Central Harrison County Public Utility District No.1 that: 

I 

Section 1. 

The East Central Harrison County Public Utility District No.1 

hereby requests the Board of Supervisors of Harrison County to memorialize the 

Mississippi Legislature to adopt the amendments attached hereto, amending House Bill 

No. 1740 Local and Private Legislation, 1999 Regular Session, and to request that the 

Harrison County Legislative Delegation the adoption of these amendments in the 

• 

Regular 2000 Session of the Mississippi Legislature. 

Section 2. 

This Resolution shall be in full force and effect from and after 

passage. 

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MINUTE BOOK 



413 

I 

The aforesaid Resolution was seconded by Commissioner 

____________and the same being put to a roll call vote, the result 

was as follows: 

Robert E. (Bob~ Fairbank, Jr. Voted yes 

George Higginbotham Voted yes 

Rebecca H. Montgomery Voted l{ E'S 

• 

Frank p, DiGeorge, ill Voted 

4 es 

The motion to adopt the Resolution having received the unanimous vote of the 

Gene Warr Voted LIeS 

members of the EAST CENTRAL HARRISON COUNTY PUBLIC UTILITI' DISTRICTS 

I 

NOS. I, 2 & 3 present and voting, the Chairman therefore declared the Resolution 

Tg 

carried, and the same was adopted and approved on this, the ~ day of 

=t:B::e IM-lrJ y'" • 

1999. 

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414 

MINUTE BOOK 



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I 

PROPOSED AMENDMENTS TO HOUSE BILL 1740, 

LOCAL AND PRNATE LAWS. REGULAR SESSION 1999 

Amend Section 1, line 25, to read as follows: 

district. as a drainage district. as a recreation district, as a combined water 

and sewer district, as a combined 

Amend Section 1, line 28, to read as follows: 

collection, and fire protection district, or as a combined 

water. sewer. garbage collection. fire protection. and drainage district. or a 

combined water. sewer. garbage collection, fire protection. drainage. and 

recreation district, in the following manner 

• 

Amend Section 2, line 142, to add the following words: 

unexpired terms of any commissioner or commissioners. For any district 

created pursuant to a petition signed bv the owner of a parcel of land of at 

least three thousand five hundred (3.500) acres to be developed or being 

developed as a master planned community. as provided in Section 1 (a) of 

this Act. anv such vacancv mav be filled bv a person who is not a resident 

of the district but who has been designated bv the owner of such parcel to 

be developed or being developed as a master planned community. 

I 

Amend Section 4, lines 176 - 178, to read as follows: 

Any person, who mav be a non-resident or a resident of the district, 

designated by the owner of a parcel of land of at least three thousand five 

hundred (3,500) acres to be developed or being developed as a master 

planned community and every citizen of 

Amend Section 5, line 203 to read as follows: 

• 

board of supervisors creating such districts and in anv subsequent 

resolution of the board of supervisors adopted upon the request of the 

owner of a parcel of land of at least three thousand five hundred (3,500) 

acres to be developed or being developed as a master planned community to 

add the powers to conduct and operate a svstem or svstems not enumerated 

in the initial resolution creatin~ the district but shall be limited 

Amend Section 5, lines 207 - 209, to read as follows: 

sewer system, a combined water. sewer. and garba::e collection system, 

... a combined water, sewer. ~arbage collection. and fire protection system, 

a combined water. sewer. garba::e collection, fire protection. and drainage 

system, or a combined water. sewer, garbage collection. fire protection, 

drainage, and recreation system. and to carry out such purpose or purposes. 

such districts 

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41:1 

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MINUTE BOOK 



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Amend Section 9, lines 348 - 350. to read as follows: 

aba:temerit projects or fQr projects for sewer systems. garbage collection systems, 

fire protection systems, drainage systems, or recreation svstems by issuing speCial 

improvement pollution abatement bonds, special improvement water bonds, special 

improvement sewer bonds 

• 

special improvement garbagf< collection bonds, special 

improvement fire projection bonds, special improvement drainage bonds, special 

improvement recreation bonds, or combinations of special improvement water and 

sewer bonds, special improvement water. sewer and garbage collection bonds. 

special improvement water sewer. garbage collection, and fire protection bonds. 

special improvement water sewer. garba£e collection. fire protection. and drainage 

bonds, or special improvement water, sewer. garbage collection. fire protection. 

drainage, and recreation bonds, if the board of 

Amend Section 14. line 501, to read as follows: 

I 

bonds, ... special improvement water and sewer bonds, special improvement 

water. sewer and garbage collection bonds. special improvement water. seweJ::." 

garbage collection, and fire protection bonds. special ilT\l2rovement water. sewer. 

garbage collection, fire protection. and drainage bonds, or special improvement 

water. sewer. £arbage collection fire protection. drainage. and recreation bonds 

issued in lieu 

• 

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416 

MINUTE BOOK 




ORDER ACKNOWLEDGING RECEIPT OF THE HARRISON COUNTY 

CORRECTIONAL FACILITIES FINANCE AUTHORITY'S FINANCIAL 

STATEMENTS FOR FY 1998/1999, SAME BEING ON FILE WITH 

THE CLERK OF THE BOARD 

• 

I 


MISSISSIPPI, that the Board does HEREBY ACKNOWLEDGE receipt of the 

Harrison County correctional Facilities Finance Authority'S Financial 

Statements for FY 1998/1999, same being on file with the Clerk of the Board. 



• 




Supervisor MAR LI 1\1 R. LADNER voted 



AYE 

AYE 

AYE 

AYE 

AYE 

I 


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



• 

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417 

• 

MINUTE BOOK 

BOARD OF SUPERVISORS, HARRISON COUNTY J 


MISSISSIPPI 

I 


ORDER APPROVINC PAYROLL FOR FEBRUARY 2000 


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

February 2000. 




• 



supervisor MARLIN R. LADI\IER voted 


AYE 

AYE 

AYE 

AYE 

I 


AYE 





• 

* * * 

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418 

MINUTE BOOK 



The Board President reported on the fOllowing, with no Board action 

being taken at this time: 

1) Senate Bill 2509, which would have placed all fees and revenues 

• 

I 

collected by the Office of the Secretary of State in the State General Fund 

and would have affected the tidelands funds, died in committee. 

2) The Catholic Diocese of Biloxi has sold the bUilding whereBiloxi's 

voting precinct 5 is located. Elections of March 14th can be held there but a 

new location will be needed after that. 

3) The Board is invited to attend a luncheon workshop Monday, 

February 14, 2000 in Biloxi to discuss the beach renourishment project and 

• 

the pedestrian pathway. 

4) The city of Biloxi has expressed its desire for the county to maintain 

the beach. We need a resolution from the city to that effect. 

5) Mr. IVIladinich has agreed to provide a 25' x 7' concrete slab on the 

beach for pier construction over the sand beach, west of the old Lady Luck 

I 

site. This will provide enough room for the sand beach equipment to 

maneuver through. 

6) The Board president requested that the meeting with the other 

counties, to discuss the regional holding facility, be moved to February 28 

• 

2000. 

7) Councilman Sam Albritton reported that easements on Canal Road 

would be expedited. 

8) The Board discussed sand beach ordinance changes and setting 

hearing date for Mr. carter. 

* * * 

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419 

MINUTE BOOK 



I 

Supervisor MARI.TN R TAPNER moved the 

adoption of the following Order: 

• 

WHEREAS, 

AN ORDER OF THE HARRISON COUNTY BOARD 

OF SUPERVISORS AUTHORIZING BEAUVOIR TO 

USE THE SAND BEACH ON FEBRUARY 17. 2000. 

FROM 6:30 P.M. TO 7:00 P.M. TO HOLD A 

MEMORIAL SERVICE FOR THE MEN WHO DIED 

ABOARD THE CSS HUNLEY, AND FOR RELATED 

PURPOSES. 

"the Board") has received a 

the Harrison County Board of Supervisors (hereafter 

request from Robin Belesky, Tours and 

Programs Coordinator for Beauvoir, a 

non-profit corporation, for 

permission to use the sand beach on February 17, 2000, from 6:30 

I 

p.m. to 7:00 p.m. to hold a memorial service for those men who 

died on the CSS Hunley; and 

WHEREAS, the Board finds that this request should be 

granted, and further. since this is a non-profit corporation, the 

fee to use the sand beach should be waived. 

NOW THEREFORE BE IT ORDERED BY THE BOARD OF SUPERVISORS OF 

• 


SECTION I. Upon the adoption of this Order, Beauvoir is 

hereby granted permission to use the Harrison County sand beach 

on February 17, 2000, from 6:30 p.m. to 7:00 p.m. to hold a 

memorial service for the men who died on the CBS Hunley. 

SECTION II. 

The permit fee for such an event is hereby 

waived, since Beauvoir is a non-profit corporation. 

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420 

MINUTE BOOK 



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Supervisor CONNIE M BOCI,CO seconded the Motion 

to adopt the above and foregoing Order whereupon the President 

put the question to a vote with the following results: 

Supervisor BOBBY ELEUTERIUS voted, AYE 

Supervisor MARLIN LADNER voted, AYE 

Supervisor LARRY BENEFIELD voted, AYE , 

Supervisor CONNIE ROCKCO voted, AYE 

Supervisor WILLIAM MARTIN voted, NAY 

• 



the O:z:"der adopted on this the ~ day of 

* 

February 2000 

--------''---, . 

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MINUTE BOOK 



421 

I 

Supervisor LARRY BENEFIELD moved adoption of the fallowing: 

ORDER TAKING UNDER ADVISEMENT ORDER ESTABLISHING THE 

POLICY OF THE BOARD AND AUTHORIZING THE EMPLOYMENT 

OF A COURT REPORTER TO TRANSCRIBE THE PROCEEDINGS OF 

THE BOARD WHEN IT IS CON"rEMPLATED THAT A BILL OF 

EXCEPTIONS WILL OR HAS BEEN FILED TO A RULING OF THE 

HARRISON COUNTY BOARD OF SUPERVISORS, AND FOR 

RELATED PURPOSES 


MISSISSIPPI, that the Board does HEREBY TAKE UNDER ADVISEMENT order 

establishing the policy of the Board and authorizing the employment of a 

• 

court reporter to transcribe the proceedings of the Board when it is 

contemplated that a bill of exceptions will or has been filed to a ruling of the 

Harrison county Board of Supervisors, and for related purposes. 


I 



Supervisor BOBBY ELEUTERIU5 voted 

AYE 

• 





AYE 

AYE 

AYE 

AYE 





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MINUTE BOOK 



Supervisor LARRY BENEFIELD moved adoption of the follOwing: 

ORDER APPOINTING FRANK ROSSKOPF AS A MEMBER OF THE 

HARRISON COUNTY CORRECTIONAL FACILITIES FINANCE 

AUTHORITY REPRESENTINC SUPERVISOR'S VOTING DISTRICT 2, 

FOR A TERM ENDINC MAY 18, 2004 

• 

I 


MISSISSIPPI, that the Board does HEREBY APPOINT Frank Rosskopf as a member 

of the Harrison county Correctional Facilities Finance Authority representing 

Supervisor's Voting District 2, to fill the vacancy left by the resignation of 

Hudson Puckett, for a term ending May 18,2004. 



• 






supervisor COI\lNIE M. ROCKCO voted 

AYE 

AYE 

AYE 

AYE 

AYE 

I 



• 



* * * 

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MINUTE BOOK 



423 

I 


ENTER CLOSED SESSION to discuss whether or not to enter Executive 

Session to discuss litigation on the juvenile detention center with the 

architect, Mr. Shaw; removal of structures from the sand beach; and 

personnel matter with the county Administrator and the chancery 

Clerk. 

The Board voted unanimously, by show of hands, to enter into 

Executive Session. 

• 

ALL ORDERED AND DONE, this the 7 tn day of February 2000. 

* * * 

I 

Supervisor LARRY BENEFIELD moved, and Supervisor MARLIN R. 

LADNER seconded, adoption of the following: 

RECONVENE FROM EXECUTIVE SESSION. The Board Attorney reported that 

the Board received an update on the litigations and personnel matters. No 

action was taken. 

• 

ALL ORDERED AND DONE, this the 7 tn day Of February 2000. 

* * * 

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424 

MINUTE BOOK 



• 

I 

Supervisor W~I=L=L=I~AM~~W~.~I1A~R~T~I=·N~ moved the 

adoption of the following Order: 

AN OWER mmC PRO TUNC OF .THE HARRISON 

COUNTY BOARD OF SUPERVISORS CORRECTING 

ORDER ENTERED ON DECEMBER 6, '1999, AND 

FOR RELATED PURPOSES. 

WHEREAS, at a regular meeting of the Harrison County Board 

of Supervisors held on December 6, 1999, an Order was entered 

hiring the Board Attorney to prepare a Resolution authorizing the 

• 

intervention in the Cause now pending in the Chancery Court of 

the Second Judicial District of Harrison County, 

Mississippi, 

styled: In the Matter of the Extension of the Boundaries of the 

City of D'Iberville, Mississippi, Cause No. C2402-99-1130, and 

for related purposes; and 

WHEREAS, through inadvertence and oversight, the Order 

I 

failed to include authorization for the intervention in the Cause 

then pending in the Chancery Court of the Second Judicial 

District of Harrison County, Mississippi, styled: In the Matter 

of the Extension of the Boundaries of the City of Biloxi, 

Mississippi, Cause No. C2402-00-37; and 

... 

WHEREAS, this Board should enter an Order Nunc Pro Tunc, 

• 

that is to say, to do what should have been done, 

authorizing 

intervention in the referenced Cause. 

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MINUTE BOOK 



I 

425 

NOW 

THEREFORE BE IT ORDERED BY THE BOARD OF SUPERVISORS OF 

HARRISON COUNTY, MISSISSIPPI. AS FOLLOWS: 

SECTION I. Upon-the adoption of this Order Nunc Pro Tunc, 

the Board Attorney is authorized to prepare a Resolution 

authorizing intervention in the Cause now pending in the Chancery 

• 

Court of the Second Judicial District of Harrison County, 

Mississippi, styled: In the Matter of the Extension of the 

Boundaries of the City of Biloxi, Cause No. 

C2402-00-37. 

SECTION II. 

That this Order shall be considered as though 

I 

it had been adopted at the meeting on December 6, 1999. 

supervisor __~L~A~R~RuY~BuE~N~E~FLI~E~I~,Du- 

___ seconded the Motion 

to adopt the above and foregoing Order whereupon the President 

put the question to a vote with the following results: 

supervisor BOBBY ELEUTERIUS voted, AYE 

supervisor MARLIN LADNER voted, AYE 

• 

Supervisor LARRY BENEFIELD voted, AYE 

Supervisor CONNIE ROCKCO voted, PSF 

supervisor WILLIAM MARTIN voted, AYE 


426 

MINUTE BOOK 




ORDER APPROVING PAYMENT OF INVOICE OF PARTNERSHIP 

FOR A HEAL"rHY HARRISON COUNTY, REQUEST FOR 

REIMBURSEMENT NO.1 FOR $2,441.83 AND REQUEST FOR 

REIMBURSEMENT NO.2 FOR $2,567.38, SAME TO BE 

REIMBURSED BY TOBACCO GRANT 


• 

I 

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

partnership for a Healthy Harrison county, Request for Reimbursement NO.1 

for $2,441.83 and Request for Reimbursement NO.2 for $2,567.38, same to be 

reimbursed by Tobacco Grant. 


• 




supervisor LARRY BEI\IEFIELD voted 



AYE 

AYE 

AYE 

AYE 

I 


AYE 



• 



* * 

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•

MINUTE BOOK 



427 

I 


ORDER APPROVING THE REQUEST OF SHERIFF GEORCE H. 

PAYNE, JR. FOR CHANCE TO THE FLOOR PLAN ON THE SECOND 

FLOOR OF THE FIRST JUDICIAL DISTRICT COURTHOUSE FOR USE 

BY THE TRANSPORT ADMINISTRATION OFFICE 


MISSISSIPPI, that the Board does HEREBY APPROVE the request of Sheriff 

George H. payne, Jr. for change to the floor plan on the second floor of the 

First Judicial District Courthouse for use by the transport administration 

office, in accordance with the following recommendation from Pam Ulrich, 

• county Administrator: 

I 

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428 

MINUTE BOOK 



• 

I 

1801 23RD AVENUE' P.O. DRAWER CC • GUUPORT. MISSISSIPPl 39502·0860 

TEW'HONE; (228) 865-4116 

TEI£COPIE~ (228) 865-4162 

:M:EMORANDUM 

• 

TO: 

FROM: 

DATE: 

SUBJECT: 

Bobby Eleuterius, Supervisor - District 1 

Larry Benefield, Supervisor - District 2 

Marlin Ladner, Supervisor - District 3 

William Martin., Supervisor - District 4 

Connie Rockco, Supervisor - District 5 

Pamela J. Ulrich, Administrator ifXIL 

February 3, 2000 ~ 1) v 

Courthouse Renovations 

I 

Please see attached copies ofthe floor plans for the second floor ofthe Gulfport 

Courthouse and the proposed changes. 

SheriffPayne would like to take the rooms designated as witness/conference on the south 

side ofthe holding facility for the transport administration office. He originally requested 

the same storage room space Judge Midcalfhad requested. If we allow SheriffPayne to 

take the rooms he is now requesting, this would free up this space for Judge Midcalf. 

• 

PJU/ds 

Attachment 

PAMElA J. ULRlCH 

Councy Administrator 

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429 

• 

MINUTE BOOK 



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I 

• 

: 

< 

t ~ 

I 

~ 

~ 

· · 

~ , 

u 

~ 

· • ~ 

I 

•

430 

MINUTE BOOK 



• 

I 

I 

• 

I 

•

• 

MINUTE BOOK 



431 


I 




AYE 



Supervisor WILLIAM W. MARTII\I voted 

Supervisor CONNIE M. ROCKCD voted 

AYE 

AYE 

AYE 

AYE 

• 





I 

* * * 

• 

I

432 

MINUTE BOOK 


FEBRUARY 2000 TERM - 


ORDER APPROVING THE REQUEST OF MR. JOHN MLADINICH TO 

CONSTRUCT A PIER OVER THE SAND BEACH, WEST OF THE OLD 

LADY LUCK SITE, PROVIDED THE ACCESS RAMP BE 25' BY 15' 

IN ORDER TO PROVIDE ENOUGH ROOM FOR THE SAND BEACH 

EQUIPMENT TO MANEUVER THROUGH 

I 


MISSISSIPPI, that the Board does HEREBY APPROVE the request of Mr. Jotm 

Mladinich to construct a pier over the sand beach, west of the old Lady Luck 

site, provided the access ramp be 25' by 15' in order to provide enough room 

for the sand beach equipment to maneuver through. 


_ 








AYE 

AYE 

AYE 

AYE 

AYE 

I 


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

Order adopted. 

THIS, the 7 th day of February 2000. 

* * * 

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•

• 

MINUTE BOOK 



433 

I 

ORDERED that the Board RECESS IN THE FIRST JUDICIAL DISTRICT until 

February 28, 2000, to reconvene in the meeting room of the Board of 

Supervisors in the First Judicial District courthouse in the city of Gulfport, 

Harrison County, Mississippi. 

THIS, the 7 th day of February 2000. 

• 

PRESIDENT 

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• 

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•

minute book - Harrison County

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