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Book 63 - City of Oxford

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1DEMENT-MERI DIAN 61-0226Beautification <strong>of</strong> Faulkner's AlleyIR ason for" choosing this project:• Broken Windows Theory: Simply put, the theory is based on data that suggestswhen an area IS perceived to be well taken care <strong>of</strong>, people tend to take better care<strong>of</strong> ([,at area.Faulkner"" Alley is <strong>of</strong>ten used as a haven for vandalism. We would like to make itiess <strong>of</strong> 0 91"im\ hallway and more <strong>of</strong> an item on people's "to-do list" when visitingCJ)~ford .A t Being Displayed:• Photo from C<strong>of</strong>ield Collection and descriptive plaquec Side <strong>of</strong> stairwellcNeither being more than 12"x12"• Doors <strong>of</strong> <strong>Oxford</strong>ooccArtist is working on switching some doors out for more Faulkner/Squarerelated ones20"x30"On bead board area under stairwell and left <strong>of</strong> first columnOne small plaque (business card sized) will be just beneath the work oraffixed to the frame, referencing artist and workI• Stained Glassco5 different floral pieces each 20x30Each from a different Faulkner novelEvenly spaced between the first two columns on the east wall, but staggeredwith two high and three lowOne small plaque (business card sized) will be just beneath the work oraffixed to it, referencing artist, flower, and corresponding Faulkner novelN tes:• Great care is being taken to make maintenance easy and theft improbable• All fixtur"es will be done where should they need to come down, traces can beremoved and it would be as if nothing was ever there• We would like to time the unveiling in conjunction with some <strong>of</strong> the Faulknerfestivities <strong>of</strong> this summerI


2I ,MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226GANESH INC. TAXABATEMENT REQUEST:It was moved by Alderman flowell. sec(,,,ded byAlderman Williams to grant the tax abatement toGanesh, Inc. for the two parcels "here the hotel sitson Ed Perry Blvd. All the aldermen present votingaye. Mayor Patterson declared the llloti(lll carried.III


3Carter. HiltMINUTE~~~~~~:'&l+~ OF OXFORDDEMENT-MERIDIAN 61-0226Telephone (662) 232-8848 :Facsimile: (662) 232-8842 IMayll,2012Via Halld DelivervI!\ls Li:::;LG Car\\-yiceil\ C!crt; - Oxtllrd. h1i~sissippi] (i~ (,'oui·lihHlS.:' Squar.:i,).\r'~lr .. t '\ll::lsi:)sipPl 386~5I'; (: Cianesh InvesTments LLC - Tax A batemenl per MS Code ~ 7 -31-1 (11",,5 you are aware, I represem Ganesh Investments, LLC in regard to a tax abatemem forrhe I-IamplOn Inn Conference Center. Please accept this as our request to be placed on the agendaror the Board <strong>of</strong> Alderman meeting on Tuesday, May 15" h at 6:00p.m.Pre,·ioush. the Citv <strong>of</strong> <strong>Oxford</strong> committed to a minimum <strong>of</strong> five vears in regard to the.; - . ~' .....reelllested abarement. I have attached a copy <strong>of</strong> the minutes. See Exhibit "C". Due to the timing<strong>of</strong> lite re'luesl. the exact term and amollnt was to be determined following completion. Hopefullylhis determination will be made at the next meeting <strong>of</strong> the Board. I have attached the applicationfor ad \alorem tax exemption and the supporting documents for property to be exempted. Thisincludes lhe land acquisition costs and project costs associated with building the hotel.I\IS Code 2 7 -31-101 allows for a request for exemption to be made in writing by Jill1e 1<strong>of</strong> the \ear lmmedimely tollowing the date <strong>of</strong> completion <strong>of</strong> the new enterprise. (See Exhibit··X·). The hOle! at issue was completed in 2011. Ganesh is taxed on three separate parcels <strong>of</strong>Ian,]. The hotel itself sits on parcels 2.12 and 2.02. Parcel 2.03 has no improvements on it at thisllllle. (See ["hibit --B--). I just wani to be absolutely certain than there is no dispute as it relatesi,) lbe deaellinc for making sure the request is made (The June 1 deadline).rhe project meets the minimum requirements set forth under MS Code 27-31-101 (See[;;hibil "D--) Also attached is correspondence between Mr. Walsh and Kathy Gelston <strong>of</strong> thel\ltssissippi Deye!oprnent Authority. (See Exhibit "E"). Ms. Gelston acknowledges that theprUlect meets the minimum requirements but states specifically that the county/city makes theJerermination <strong>of</strong> wherber to grant the exemption. Ms. Gelston goes on to state that the MDAdn~s l'h11 play Clny role: on granting or not granting the exel11plion.llilimarely. the time to request the exemption is now at hand. The project meets thell1111imum requirement <strong>of</strong> the code and was previously granted by the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>. We lookfom ard to appearing before you on Tuesday to finalize this process and will be happy to answeram questions and,or pflwrde any additional information.I


4~---MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDSincerely,~ CvJ~-/Carter C Hitt11DEMENT-MERIDIAN 61-226:cc. Pope S ''vlallette, Esq.Attachments - Ex. r\, B, C D & EIII


2'-31-1 [) 1. Enumeration <strong>of</strong> new enterprises which may be exempted.Page 1 <strong>of</strong>:25MINUTE BOOK No.As Amended27-31-101. Enumeration <strong>of</strong>ncw enterprises which may be exempted.II'-II"""' .. · boards <strong>of</strong> supervisors and municipal authorities are hereby authorized and empowered, in their"'"nH~, L gran: e~~emptions from ad valorerTl taxation, except state ad valorerr~ taxation. ProyideC,. S(lic £o\'elnin£ authorities shall not exempt ad valorem taxes for school district purposes Oil])l~lDe;1,· usee i;. or necessary to, the oper~tion <strong>of</strong> the manufacturers and other new enterprisesC1U~"·".· ~Dul~l~:cat~G 'b~\' classes except to the extent authorized ir:.. Sections 27 -31-104 and '27 -:3 1- 10:;;. no:" s>l.:;.il tl'l':;~ e~~e::lp~ fron: ad valo;em taxes the products there<strong>of</strong> or automobiles and trucks'i..c~_;in.:; L tb~ -saij in~:nufa::;turers or other new ent;rprises operating OE and over the high'Vvays <strong>of</strong> the~)=' l' lisslSsippi. --::ne lirH;; <strong>of</strong> such exemption shall be for 2.. period not to exceed a total <strong>of</strong> ten (10)whicL SluE begirl on the date <strong>of</strong> completion <strong>of</strong> the new enterprise ror which the exemption is~i ".ULc:.--i:; lEJ\\'tVt;l": boards <strong>of</strong> supervisors and municipal authorities, in lieu <strong>of</strong> granting the exemption for. "I! pe,iod <strong>of</strong> ten (10) years, may grant the exemption in a period <strong>of</strong>less than ten (10) years. ""hen. iniual exemption period g;-anted is less than ten (10) years, the boards <strong>of</strong> supervisors and municipalll10rities may gram a subsequent consecutive period or periods to follow the initial period <strong>of</strong>emplio!l, provided that the total <strong>of</strong> all periods <strong>of</strong> exemption shall not exceed ten (10) years. The date, ~OmpktlDn <strong>of</strong> the new enterprise, from which the initial period <strong>of</strong> exemption shall begin, shall be theOE which operations <strong>of</strong>ihe new enterprise begin. Any request for an exemption must be made in. 11">' -'nne 1 <strong>of</strong> the vear immediately following the vear in which the date <strong>of</strong> completion <strong>of</strong> a newboard <strong>of</strong> supervisors and/or municipal governing authorities which has entered into an agreementan enterprise to g;-ant an exemption for a period <strong>of</strong> not more than ten (10) years, as this section


6 :c -: -31-101. Enumeration <strong>of</strong> new enterprises which may be exempted. Page 2 <strong>of</strong>2MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61 ·226·---exemptlITlTun-rts IIllnules, reliecfiIIg the grantIng 01 me consecutIve exemptIcm-pt::nocl aI'ttt n-fi:~-o::ltes uponwhich such consecutive exemption period begins and expires. The entry <strong>of</strong>this order gr~'niing tbeconsecutive period <strong>of</strong> exemption shall be made before the expiration <strong>of</strong>the exempli(1!1 p~liodimmediately preceding the consecutive exemption period being granted.The neW enterprises which may be exempt are enumerated as and limited to the fo1k , \1'illg, asdetermined by the State Tax Commission:\\~ arehouse and/or distribution centers;\lanufacmring, processors and refineries;IResearclc faciiiTies:Corporate regional and national headquarters meeting minimum criteria established b,' the Deparlmem<strong>of</strong> Economic and Community Development;h10vie industry studios meeting minimum criteria established by the Department <strong>of</strong>Econ(lIn;c andCommunity Development;Ai:' transportation and maintenance facilities meeting minimum criteria established b\ the Depamrnern <strong>of</strong>Economic and Community Development;Recreational facilities that impact tourism meeting minimum criteria established iF the' Departm~Economic and Community Development; andTelecommunications enterprises meeting minimum criteria established bv the Department <strong>of</strong> Eco .omicand Community Development. The term "teleconununications enterprises" means entities engag ~ in theIcreation, display, management, storage, processing, transmission or distribution for compensatior· <strong>of</strong>images, teXT, voice, 'video or data by wire or by wireless means, or entities engaged in the co.nstruttion.,design, development, manufacture, maintenance or distribution for compensation <strong>of</strong> dev·ices. pw ucts,s<strong>of</strong>tware or structures used in the above activities. Companies organized to de> business as camm rcialbroadcast radio stations, television stations or neWS organizations primarily serving in·state mark~tsshall not be included within the definition <strong>of</strong> the term "telecommunications enterprises."SOURCES: Codes, 1930, Sec. 3109; 1942, Sec. 9703; Laws, 1922, ch. 139: 1928. chs. I Cl. 100: \ 928,Ex. ch. 57; 1930, ch. 67; 1932, ch. 293; 1936, ch. 159; 1936, 2nd Ex. ch. 17;. ! 938, Ee:. ch. 76;.Iser·.19. f2' ch.132: 1944, ch. 135; 1946, chs. 208, 448; 1948, eh. 439; 1950, ch. 528; 1952, chs. 42(1 (Sec. 1). 42f';1.954,. chs. 3<strong>63</strong>, 382; 1956, chs. 202 (Secs. 1,2),203 (Sees. 1,2); 1958, chs. 5.6.6 (Sec: 1) .. 5.(,7 s. I.'2); 1960, ~h. 467; 1961,2ndEx. ch. 7, Sec. 1; 1962, ch. 269, Sec. I: 19<strong>63</strong>, IstEx Sese. ch. 35, S~c. 1:1964. ch. )20, Sec. 1; 1968, ch. 583, Sec. 1; 1970, ch. 545, Sec. 1; 1972. ch .. 195, Sec. 1: 1978. d. 514,Sec. 4; 1981, ch. 523, Sec. 1; 1986, ch. 407, Sec. 1; 1987, ch. 411, Sec. 1: 1989, eh. 524, Sec. IS: 1990,ch. 502, Sec. 3; 1990 Ex Sess, ch. 71 Sec. I; 1992, ch. 518, Sec. 2; 1994, eh. 57 1, Sec. ]: 1 0 94, ch. 558,Sec. 18; 1995, ch. 355, Sec. I, efffrom and after passage (approved March 14, 1 0 9"): 10 9", eh. 527,Sec. I, eff from and after passage (approved April 5, 1995). Amended bv' Laws 20(lO, Cll ..';91, Sec. I,SB2772, eff. July 1,2000.PRKnous VERSIONS: Pre-2000f't <strong>of</strong>:wW==coCh~ter Index I Table <strong>of</strong> ContentsI


Delta Conlputer SYSIC111SPage 1 <strong>of</strong> 17I 61·0226IIOW',,1:RCopyright 2000Property LinkLAFAYETTE COUNTY, MSPROPERTY DETAILG'_NESH rNVESTMENTS LLC1 i(i HiORlTi',GE DROXFORD MS 38655P _'~RC£L 135.1-22-002.12_"_DDRE~S ED PERRYYEAR 2011COUi,TYCITYSCHOOLTOL"LEXEMPT CODEHOMESTEAD CODE NoneT _-LX DIS TRI CT 211 0PPIl'iSECTlONTOWNSHIPRANGE<strong>Book</strong>TAX INFORM.e\ TIONTAX DUE PAID874_76874_760_000,000_000_00874_76874,76LASTPAYlVIENTDATE 1212212011031270220803Page 2010Tax Year 2011Reoords Lase Updated 4110/2012ACRES: **NA **LAND VALUE: 210000IMPROVE/dENTS; **no_ **TOTAL VALUE: 210000ASSESSED: 31500BALANCE0,000_000,000,00MISCELLANEOUS INFORMATIONLEGAL LOT 19 OXFORD COMMONS PUD PH 1TRACT C PiillT 2BK PG 20100216903129/2010TAX SALESSold ToRedeemed DatelBy**NO TAX SALES FOUND**\\\\w_deltacomputersysrems,com/cgi·l=5/LRMCGI02?HTMCNTY=MS3I


U ella Lomputer ~ ystems!-'age ! 01 i8Current Date 4/11/l012OWNERPARCELADDRESSYEAR2011COUNTYCITYSCHOOLTOTALCop)Tight 2000Property LinkLAFAYETTE COUNTY, IvlSG.A.]\!ESH INVESTMENTS LLC110 HERITAGE DROXFORD MS 38655135R·22·00202HNA HEXEMPT CODEHOMESTEAD CODE NoneTA,\: DISTRICT 2110PPlN 031266SECTIONTOWNSHIPRA.NGE<strong>Book</strong>Records L2.S'_ "ljpci


Ddtii Compute," SystemsPage I ot I9!~: I I ·0226IICopyright :?QOQProperty LinkLAFA'i'ETTE COUNTY, MSCuncnt Date 4/1112012Tax Year 2011Records Last Updated -1/10/2012PROPERTY DETAILo\YNER GANESH INVESTMENTS LLC110 HERlTAGE DRACRES: **NA"LAND VALUE: 80000IMPROVEMENTS: **NA*"OXl'ORD MS 38655TOTAL VALUE: 80000ASSESSED: 12000PARCEL 135R-22-002.03.:..~DDRESS **NA**TAX INFORMATIONYEAR 2011COUNTYCITYSCHOOLTAX DUE333.240.000.00PAID333.240.000.00BALANCE0.000.000.00TOTAL333.24 333.240.00LAST PAYMENT DATE 12/22/2011MISCELLANEOUS INFORMATIONEXEMPT CODELEGAL PT NII2 NWI/4 SEI/4HOMESTEAD CODE NoneBK PG 20100216803129/20 I 0T AX DISTRICT 2110PPINSECTIONTOWNSHIPKlliGE<strong>Book</strong>032314220803Page 2010TAX SALESPURCHASE COUNTY TAX SALE FILESSold ToRedeemed DateIBv**NO T.tl.x SALES FOUND'*View Appraisal Recordlli'\l.t;: I ;:~.; :'1-_.eB~lE.EliTY I APPRA.lSM~ I QRQllT CIVIL I Ql;LCUIT CRIMllit\L I 12EfDS AND RECORDS I .cHANCERY CQUE..T I !iD-20&Qhl!J::l.PTES I TERMSOFUSE I PRIVACY POLICY I CONTACT US I !fELPv:wiY.deltacompulersyslems.com/cgi-lrm5/LRMCGI02?HTMCNTY=MS36&HTM... 4 1 ]]:20]2I


10<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>Pa"e 1 <strong>of</strong> 1COFyright 201:2Property LinkCITY OF OXFORD, MSCurrent Date 5/11/2012Ta-,, __ ycu 2011Records L(!st Upd2.ted ;,il0:1011PROPERTY DETAILOWNER GANESH INVESTMENTS LLe! III HERITAGE DRACRES: *___ j\l/,'hLAND \·A~_UE: :2\I!()!.lnIO;~FORD hIS 38655PARCEL 135.1-22-002.12ADDRESS ED PERRYYEAR 2011COUKTYCITY,


<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>Page 1 <strong>of</strong> 111ICurrem Date 5/11/20nOWNERP:1.RCELADDRESSYEAR2011COUNTYCITYSCHOOLTOTALCopyright 2012Property LinkCITY OF OXFORD, MSPROPERTY DETAILG."NESH INVESTMENTS LLCI III HERITAGE DRO:,{FORD l\lS 38655135R-22-002.02HNA"'*EXEMPT CODEHOMESTE.-\D CODE NoneTAX DISTRICT 2110PPIN 031266SECTION 22TOWNSHIP 08R-I.NGE 03IAXINEQBJ\IA TloNTAX DUE PAID0.00 0.0085838 858.381716.12 1716.122574.50 2574.50LAST PAYMENT DATE 12/22/2011MISCELLANEOUS INFORMATIONTax Year 2011Records Las[ Updared 5/10/2012ACRES: *"'NA **LAND VALUE: 210000IMPROVEMENTS: **NAnTOTAL VALUE: 210000ASSESSED: 31500BALANCE0.000.000.000.00LEGAL LOT 24 OXFORD COMMONS PUD PH ITMCT C PART 2BK PG 20100217003/29/2010<strong>Book</strong> Page 2010I\\'\1\\ .dcltacomputersystems.corrJcgi-lrrnS/LRMCGI02?HTMCNTY=MC04&HTM... 5111/2012 II


12<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>Page 1 <strong>of</strong> 1Copyright 20 12Property LinkCITY OF OXFORD, MSCurrent Date 5/1112012Records La::t l'paatecl5i10 .... 2012PROPERTY DETAILOWNER GANESH INVESTMENTS LLCACRES : *~:N:


"iLafayette County, MississiPPi3MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDI--if---,--, --.'' -,-"""'-,I - - ~ -II,j- -III:Wednesday, April 11,2012 12:PI'I


14MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61·226UNITED STATES OF A/vlERICASTATE OF l\!ISSISSIPPICOUNTY OF LAFAYETTECITY OF OXFORDIREGULAR ~IEETINGJuly 6, 20106:00 p.IIl.Cl..LL TO ORDER:The meeting <strong>of</strong>the Mayor atld Board <strong>of</strong> AldenJ1Ptl<strong>of</strong>tile <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, was called toorder by Mayor Patterson at 6:00 p.m. Oll Tuesdil\,July 6, 2010, in the court room <strong>of</strong> <strong>City</strong> Hall whetland where the following were present:George G. Patterson- MayorNey Williams- Alderman Ward 1E.O. Oliver- Alderman Ward IIJanice Antonow- Alderman Ward lITUlyssess Howell- Alderman Ward IVPreston Taylor- Alderman Ward VBrad Mayo - Alderman Ward VIMayo Mallette PLLC - OfCounse!Bart Robinson- Director <strong>of</strong> Public WorksLisa Carwyle - <strong>City</strong> qlerkTim Akers- Director <strong>of</strong> PlanningRandy Russell- Dir <strong>of</strong> SanitationLynn Robbins- Supt. Of Electric DeptMike Martin- Chief <strong>Oxford</strong> Police DeptMike Hill- Chief <strong>of</strong> Fire DepartmentBilly Lamb- Supt <strong>of</strong> Building & GroundsJimmy Allgood- Emergency Mang. CoordinatorAI Hope- Director <strong>of</strong> Human ResourcesBubba Robinson- Ass\ Dir <strong>of</strong> Parks and P.ecMary Kathryn Millner- Tourism DirectorIAGENDA:,,It was moved by Ald9rman Howell, seconded byAlderman Mayo to aclopt the agenda for tilemeeting. All tile aldehnen present voting ave,I - .Mayor Patterson decl~red tile motion carried.l\IA YOR'S REPORT:I \Ya!ll to welcome everyone back from a long and good holiday break.We first want to thank Kate Rosson and our own Megan Prescott, as well asthe entire July 4th Committee, for their hard work on all <strong>of</strong> the even!s thattook place over the weekend. It is indeed a community wide event and goingforward we will need community wide support.Kudos to our local law enforcement agencies for their fast response :melteamwork last Thursday on handling a bank robbery. Iv!y first call was (hatlhe bank had been robbed and my second call from the Chief, about (enminutes later, I was told to relax and stay put, they had caught the guy.I


215MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61-0226Ilr YUll hCllc:n't noticed, Bob and Chris have a new website up for the <strong>City</strong>. Itle'l)!;s "reeil d!ld is very much appreciated.We sl,~ncelll1e budget meeting process for the <strong>City</strong> this afternoon and as youknell\" ihis is a stressful time for everyone involved, especially in the currentc,:eilh)l11iC dimatc. I have two commitments on the table. One, is if you are aLilY "f (lxfurd employee your job is secure. And two, we just aren't going toIdisc 'lilY laxeS, especially this year. So those are two major goals that we arepLuming lel dccomplish.IILllNLI nos:.l..CCClUNTS:10.0...\ \'\l'01PT10N[,Ct!lltSl:I .-'. \1' I,NFtHZCEtdENT.l..:,:)UelA j luN:FLllllznl UF JULY:It was moved by Alderman Antonow, seconded byAlderman Taylor to adopt the minutes <strong>of</strong> the regularmeeting on June 15,2010 and the special meetingon June 15,2010. All the aldermen present-votingaye, Mayor Patterson declared the motion carried.It was moved by Alderman Oliver, seconded byAlderman Mayo to approve the payment <strong>of</strong> allaccounts for the <strong>City</strong>. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried.Brad Walsh, representing Ganesh Investments,came before the Mayor and Board <strong>of</strong> Aldermen torequest a tax exemption for the proposed hotelbeside the <strong>Oxford</strong> Conference Center.It was moved by Alderman Williams, seconded byAlderman Mayo to adopt a resolution <strong>of</strong> SUppOlt forthe Hotel at the <strong>Oxford</strong> Conference Center. Theboard commits to thilty thousand dollars for roadand sidewalk improvements on public propertyadjacent to the proposed hotel. The board supportsan abatement <strong>of</strong> taxes for at least a minimum <strong>of</strong> lIveyears, the exact term and amount will be determinedat completion <strong>of</strong> the hotel near the <strong>Oxford</strong>Conference Center. All the aldermen present votingaye, Mayor Patterson declared the motion carried.It was moved by Alderman Taylor, seconded byAlderman Mayo to authorize $550.00 from theCommunity Promotions budget for the LafayetteCounty Law Enforcement Officers Association'sYouth Fishing Rodeo at Lake Patsy. All thealdermen present voting aye, Mayor Pattersondeclared the motion carried.Kate Rosson came before the Mayor and Board <strong>of</strong>Aldermen to request funds for the 2010 and 2011Fourth <strong>of</strong> July celebrations ti'om the LOU BridgeBuilders Committee.It was moved by Aldennan Antonow, seconded byAlderman Williams to authorize $1500.00 for the2010 FOUlth <strong>of</strong> July celebration. The request for the


16Zimbra1--RE: Ganesh Investments LLCFrom: Ka:hv Geiston Subj e~ : R::: Ganesh Investments lLCTo: Brad V'iaish Cc: Chan Patel , Daniel Barfield IThiS :ette' ~rovides enough to show tna': ycu meet the minimum criteria, Again, we do not certify fc~ tne OL:,lt\. \\''"! 811\· C"it:i ~:c ,.:~-~incentives. The reques:should go to the county, not MDA.Tr.anks,From: Brad Walsh [mailto:bwalsh@thewalshlawfirm,com]Sent: Friday, April 16, 2010 11:29 AMTo: Kathy GelstonCc: Chan Patel; Daniel BarfieldSubject: Re: Ganesh Investments lLC~~~ ~.I am attaching a letter intended to meet our requirement for the statement to be provided to the HD,;. I would appre:::iete en, comm: n~sprior to giving you a fmal.Thanks agam for your help.Brad Walsh----- Original Hessage -----From: "Ka~h,;.' Gelston" To: "Brad 'v\'alsh" Sent: Tuesday, Haren 23, 2010 2:08:27 PHSubject: RE: Ganesh Investments LLCIActually., the county makes the determination, based on this minimum criteria. MDA does not pia,' an,' role. You tr"'at t:1!~ ,i'js~ lik" illl.' ':'t'l-2-industrial exemption, and report it to the Tax Commission the same way.-------.. _-------_._--_ .• _-_._.. .. ..... .From: Brad \Vaish [mailto:bwalsh@thewalshlawfirm.comJSent: Tuesday, t-~arch 23, 2010 12:34 PHTo: Kathy GelstonSubject: Re: Ganesh Investments LLCThanks Ka~hy, can you provide a model statement that has been presented in the past? Do vv'e send it t:l you? Is there a.'1VOlle \','e ne~o ...to cOordmate with at the MSTC or will your <strong>of</strong>fice handle that?... -From: Kathy Gelston·1IITo: Brad \Valsh ,Cc=~~1 I·Sent: Tue !'-1ar 2310:58:122010SUbject: RE: Ganesh Icvestments LLC~'E.*FHBIT,Me. Wal,h, ~~. I1:1 TIpS :/;pO rtEl. disco verefficiency. comlzimbra/hfprinunes sage ?id~2:; 7 02I


Zin1b;:a Page 2 <strong>of</strong> 317Recreat!onal_ Facilities thatImpa~ Tourismi gL/-jl-1UlDEMENT·MERIOIAN 61·0226rac,lIIues that provlae entertainment, am~seme~l, cultural, or scenic a,c(lvltles Iand promote or encourage out-oF-state VIsitors for pleasure or education.To qualify, the business must rlave an initial capital investment <strong>of</strong> ;;100,000,create 10 jobs, and provide the Mississippi Development Authority a s~ateme,Hthat shows the impact that the facility will have on the community. To becertified by the Mississippi Development AuthOrity, the company must submli: arequest that provides a detaiied explanation <strong>of</strong> the activities that will beconducted at the facility and shows that all m:nimum reqUiremer,t5 will De met.IPI=",~e I,,: r.~" n,(J".' ,; 'lOLl nave aaditlonal questionsAt tne discretion <strong>of</strong> the County Board or Supervisors and/or Huni.:ipalAuthorities, an exemption <strong>of</strong> nat more tnan ten yea1"5 may be £ramea f~or.. a,jvalorer:l taxes, except for taxes for school district purposes,"" """""--"-"-----------"-----"------- ----------"-"---""Fran-:: Bra':: \,""'61,,[-. [mailto:b,valsh@thewalshlawfirm.com]Sent: TU25dal', I'lardi 23, 2010 10:24 AMTo: Katr,y Gels\.QnCc: Cnan PatelSubject.: Ganesh Investments LLCKathy,I represem Gan-::5h Investments, LLC. We had asked the city <strong>of</strong> Dxford for abatement <strong>of</strong> certain properry taxes for a proposedoc·,.:e:opmer,t. ;.5 the <strong>City</strong> currently has no defined development district, it was suggested we make our request pursuant to r'1Iss. Code:.hmo. SEalon 27-31-101 pursuant to the recreational facility subsection. In order to do that, it is my understanding we need aae:krmina[lon tram tne HDA that the proposed facility will impact tourism at some level established by the authority.Tne enclosed lette, to the: fvlayor outlines the proposed facility. The city is anxious to help as they see a hotel adjacent (Q the alreadyco,lstruaed conf~rt2nce center as an amenity that would aid the conference center bring in more business. Obviously such gains wouidnelp tJL;II:>m as Vi21:.Can you pldse adVise what steps we need to take to get clearance from the MDA and who we should talk to with the tax commissio,; tog~t I[LiS G0r,2? ! would appreciate any assistance. Hy client is anxious to get going on the development.IBraj \/.'olsh05::':.281,5790103,.:::. :ourtnou;:;e Squareu>:rorc, HS 38655'.t:L'.Yl.'.'...t~Lai5~ID..mm~jGte.: Thi:; e-mail and any attachments may be confidential and protected by legal privilege. If you are not the intended reCipient: bed',',are that 2lny disclosure, copying, distribution or use <strong>of</strong> the e-mail and any attachments is prohibited. If you have received this emaii i r,erro;-, please: I1cuty 1..15 immediately by replying to the sender and deleting this copy and the reply from your system.UnJer reqLme.mt2nG imposed by tne IRS, we inform you that, if any advice concerning one or more U.S. Federal Tax issues is containedin tnis con,munication .. such advice was not intended or written to be used and cannot be used for the purpose <strong>of</strong> (1) avoiding penaltiesun02, tne Internal Revenue Code or (2) promoting, marketing or recommending to another party any transactions or tax-related matteradare:ssed herE:in. Thank you for your cooperation. .Confidentlallll' r~ote: The tvlississippi Development Authority (MDA) is committed to ensuring complete confidentiality <strong>of</strong> informatic'n Torcur cL;slomers. To tnls end. tne information contained in this e-mail and/or document(s) attached is for the exclusive use by tne indlvldua:r.arneJ abo','i:: andler their organization and may contain confidential. privileged and non-disclosabJe information. If you are not tneIn~2naed rc~lplent. please refrain from reading. photocopying. distributing or otnelWise using this e-mail or its contents in any 1sa/. If youha'i= recel'/ed thiS lransmission in error, please notify me immediately. {MDA-2009}hlLjJS:,. PQnal"discovereifrciency"com!zimbraJh!prjntmessage?jd~257025/-+.':2010I


18ZinlbraMINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDBrad Walsh652.281.5790.!.C3A Courtnouse Square<strong>Oxford</strong>, HS 38655\':\'1\','. tne\vaishia\lIfirm ,comP2gc :3 <strong>of</strong> 3DEMENT-MERIDIAN 61-226Ir,Jots' This e-mail and any attachments may be confidential and protected by legal privilege. If yOl' a,e na: tne i;,tendej r'2::-~!:.;e'l~2v,are that any disclosure, ccpying, distribution 0, use <strong>of</strong> the e-mail and any attachments is proh:bitec:. F ',en: 1,2--,''0' re:::e!\'e-J ~>'3errc,~, Dlease notify us immediately by replying to the sende: and deleting this copy and tne reDI';' fro", \'O'c:~ 'O\'STell"Under requirements imposed by the IRS, we inform you that, if any advice concerning one O~ mote L',S. Fed",,-al Ta;: iSSIJ2S i5 '::c",::;o;:ne11"1 tr.is c8mmunIC2rior" such adv:ce was not intended or written to be used and cannot be used foe the DlJrC'C'::;S c: '),', ;;;', ~Y::lrl~ C'S:',2'[':!·uncer the Internal Revenue Code or (2) promoting, marketing or recommending to anothel- parr: arw :r2n5~:::iJr'l:::- (': t3'. I


c:7\'"'"MinilUulU Criteria Definitions01' Informatioll l'roccssiHgterprises·~tc and Regional§27-31-101§27-31-101Business enterprises engaged ill account servicing, data ClltJy, payment processing, customer service,infonnation processing, or other business related functions where the facilities are not open to thepublic.To qualify, a data or infonnation processing enterprise must create 10 or more jobs in the taxable year ina Tier Three County, 15 or more jobs in the taxable year in a Tier Two County, or 20 or more jobs in thetaxable year in a Tier One County.At the discretion <strong>of</strong> the County Board <strong>of</strong> Supervisors and/or Municipal Authorities, an exemption <strong>of</strong> nolmore than ten years may be granted from ad valorem taxes, except for taxes for school district purposes.Business enterprises with multi-state activities must provide to the Mississippi Development Authority aletter <strong>of</strong> intent that outlines capital investment, job creation, payroll, and a project schedule related to thecreation <strong>of</strong> a national or regional headquarters. Centralized activities such as fmancial, legal, tedUlical,and personnel functions must be perfonned at the facilities. The function and purpose <strong>of</strong> theheadquarters must be to plan, direct, and control all aspects <strong>of</strong> the organization's operations, either as awhole, or for a subdivided area <strong>of</strong> the United States.To qualify, the company must establish or transfer a national or regional <strong>of</strong>fice in the state that creates aminimum <strong>of</strong> 35 new full-time jobs. TIlese jobs must include <strong>of</strong>ficers and other high level employees,along with the support staff normally associated with a headquarters. The support staff's duties must bein direct relationship to the functions <strong>of</strong> the <strong>of</strong>fice and not based 011 physical presence. Positions sllch asjanitors, salesmen, and truck drivers do not qualify as headquarters positions. The Mississippi State TaxCommission will have final authority regarding whether a position will qualify when detenniningwhether the minimum number <strong>of</strong> jobs are created. To be certified by the Mississippi DevelopmcntAuthority, the company must submit a request that provides a detailed explanation <strong>of</strong>the activities thatwill be conducted at the facility and shows that allminimulll requirements will be met. The rcqucstmllst contain a listing oreach job to be created, along with thc dutics ussociated with the job.At the discretion <strong>of</strong> the County Board <strong>of</strong> Supervisors uud/or I'vfunicipal Authorities,


---1\10 vi (.§27- -il-J(jJHusillC;;,; cnUIlc;;-: cllt'.af,~d ill prcJyiclilli'. IllotioJl picture illld vi dec, scrvice~: (]ml/u: prodllUIlf' llloilOl:plctun:s, video;" telcvislOll program" or lckvj;;ioll COllllllercials.ca:To qualify, the btlsiIlC$~ I11US~ lJavc ,~ minImum privat:.:. capital invcstmc111 or $1.()OU,000At the discretiol' <strong>of</strong> the County Board <strong>of</strong> Supervisors and/or Municipal Authorities, an exelllption <strong>of</strong> notmore than (ell years may be granted from ad valorem taxes, except for tuxes for school districl purposes.f2 Air Transport and l'liain tCllancc §2i--31 -1 0 1 Business entities engaged in providing air transportation for passengers and/or cargo; and/or facilitiesX FaciIitie:,:oLLoperated lo repair and maintain aircraft used for air transportation.To qualify, a commercial airline operatioIl or a non-commercial operation (i.e., corporate fleetoperations) must create 10 or more jobs in the taxable year in a Tier Three Connty, 15 or more jobs inthe taxable year in a Tier Two County, or 20 or more jobs in lhe taxable year in a Tier One County.At the discretion <strong>of</strong> the County Board <strong>of</strong> Supervisors and/or Municipal Authorities, an exemption <strong>of</strong> notmore than ten years may be granled from ad valorem taxes, except for laxes for school district purposes.mwI­~-Z:E'eauonal Facilities that §27-31-101Facilities that provide entertainment, amusement, cultural, or scenic activities and promote or encourageout-<strong>of</strong>-state visitors for pleasure or education.To qualify, the business must have an initial capital investment 0[$100,000, create 10 jobs, and showthe impact that the facility will have on the COIlUlluoily.At the discretion <strong>of</strong> the County Board <strong>of</strong> Supervisors and/or Municipal Authorities, an exemption <strong>of</strong> nolmore thall tcn years may be granted from ad valorem taxes, except for taxes for school district purposes.QM


21MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT MERIDIAN 61 0226APPLICATION FOR AD VALOREM TAX EXEMPTION,IS AUTHORIZED BY SECTION 27-31-101, eI seq.,MISSISSIPPi CODE OF 1972, AS AMENDEDINAI,i E 0 F '0 NT'OPP PI S E _Q"'l''.LE:ptN~E,-,S,d,!tl.\ ~J-"",=-£'N,j.JllL/c:~~~S,,-;rLml.!-1.


~4/11/123.2G.24 PMGANESH INVESTMENTS, LLCGL Account Ledger - Detail By Date Range (Current and History)1/1/2010 tllrougIl12/31/2011j:1~1BalchJournalEntry itDaleJobDocumentDescriptionDebits Credits Balance185200.HAMEA.0002186 G2186 G2195 G408434084540897LAND - OXFORD CDNFRENCE CENTER01101/10 beginning balance 1/1110 transfer to: GANESH INV01101/10 beginning balance 111110 transfer 10: GANESH lNV08/25/10 CLOSE BANK LOA HITT LAW FIRM CK # 1001$0.00$1,005,00000 $- §!05,OOO.00142,279.43 ~62.7205711,S33.50 74.254.07LAND - OXFORD CONFRENCE CENTER TOTAL:$1,016,533.50 $142,279.43TOTAL OF LEDGER:$1,016,533.50 $142,279.43 ~74,254.070"Z0.en. eN0- -I-


-4/111123:


"""'Ill4/11/12 GANESH INVESTMENTS, LLC P~73:41:51 PM GL Account Ledger - Detail By Date I~ange (Current and History)1/1/2010 through 12131/2011Batd] Journal Entry # [)ate Job Document Descrirtion DRbits Credits Gala nee-•185100.HAMEA.000PROJECT COST - OXFORD CONFERENCE CENTER (CONT[NUED)~72,514_452500 AP 464G8 02/07/11 LST McMURRY CONSTRUCTION CO - LAST NOTE PYMT $22,629.25 $-2500 AP 46470 02/22/11 3203 PRECISION ENG[NEER[NG - 3203 2,97S,00 ~75'489452510 AP 46668 02/23/11 1276 <strong>City</strong> Of <strong>Oxford</strong> Electric - 3,317.00 78,806.452536 AP 47090 03/08/11 MARDRAW McMURRY CONSTRUCTION CO - MARCH 2011 DRAW 497,629.40 , 76,435.85BANK OF OXFORDm77,710.85• 2599 AP 48407 03/25/11 0332 PRECISION ENG[NEER[NG - 0332 1,275.002598 AP 48405 04/07/11 041111 McMURRY CONSTRUCTION CO - 8TH DRAW 511,905.60 ~89'G16452648 AP 49054 04/26/11 24448 LLW ARCH[TECTS - 24448 225.00 89,841452659 AP 49338 05/09/11 MAY11 McMURRY CONSTRUCTION CO - MAY 2011 DRAW 423,755.10 13,596.552659 AP 49340 05/09/11 WATERDEPOS[T <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> - WATER DEPOS[T 2,418.20 (0'6,0'475• 2674 AP 49546 05/10/11 1 STOEP COMMERC[AL PLANT WHOLESALERS - 1 ST 6,120.13 ~22,'42.88[NSTALLMENT2674 AP 49550 05/10/11 CR-0000001 <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> - WATER DEPOS[T 2,41820 ~'9,724.682674 AP 49552 05/10/11 WATERDEP <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> - WATER DEPOS[T 2,374.15 22,098832674 AP 49554 05/13/11 0424REV PRECISION ENG[NEER[NG - 0424-rev <strong>63</strong>000 , 22,728.832674 AP 49548 05/16/11 2ND[NSTALLMENl COMMERC[AL PLANT WHOLESALERS - 2ND 6,128.13 cn28 ,856.96[NSTALLMENT~29,535.262674 AP 49556 05/16/11 CABLE STARRETT ELECTR[C CO LLC - CABLE PULLING 678.302684 AP 49982 05/19/11 3RD[NSTAL COMMERC[AL PLANT WHOLESALERS - 3RD 6,128.12 (,,)35,6<strong>63</strong>38[NSTALLMENT2737 AP 50887 06/08/11 HOTSGNCOM AMER[CAN EXPRESS - HOTELS[GNS.COM ORDER 5,511.04~"'74422737 AP 50893 06/08/11 JUNE11 McMURRY CONSTRUCTION CO - JUNE 2011 DRAW 297,600,80 8,775222819 AP 52402 07/05/11 0705 GURUDEV LLC - CARPET [NSTALLERS 624.42 4, 9,399.642819 AP 52416 07/08/11 S[GNPER <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> - S[GN PERM[T 91.00 &9,490642819 AP 52412 07/10/11 JULYDRAW McMURRY CONSTRUCTION CO - JULY 2011 DRAW 504,523.15 ~4,013792819 AP 52410 07/11/11 MOBLIZA MAGNOLIA GROUND MANAGEMENT LLC - DRAW FOR 500.00 644 ,513.79PROJECT2819 AP 52404 07/15/11 119 MAGNOLIA GROUND MANAGEMENT LLC - 119 ir!ig8tion 1,845.75 ~6'359.542819 AP 52418 07/15111 S[GNPERM[T <strong>City</strong> <strong>of</strong> Oxrord - SIGN PERMIT 6[00 6.0120.542819 AP 52406 07/22/11 120 MAGNOL[A GROUND MANAGEMENT U.C - 120 2,01G95 48,437.'192819 AP 5201013 07/29111 21 MAGNOliA GROUND M/lN/lGEMENT LLC - 121 535.00:a~:~~~'~~3098 AP 57521 07/31/11 OCT/11 AMER[CAN EXPRESS - 6·91006 C/I[lLE 3.373,G9309S AP 57522 07/31111 OCTII1 AMER[CAN EXPRESS· SPEMER W[RE J15,o1l) 02,()66,5133098 AP 57523 07131/11 OCT/11 /\MERIC/\N EXPR.ESS - [QUIP RErnjl.,L J EXP1l.ESS - 3727 10357G ~'3002 WATI~R !jfi 1 ,GO 4,852,S7S.B9--------t:-cttt,t'n \2869 AP 53506 08/26/11 082611 MAGNOLIA GROUND M!\NN;;EMENT LLC . Lond;:-,c:Jpirl()s 8,3t1G.1J0 o1,f3GO,871 1392907 AP Go1 "131 08/31/11 6604AUG11 8ANK OF AMER[CA· TURF 1,29t1 /0 o1,eG/., iGG,S9imJicates a batch in tile liistOJY file (batclles ill 3 closed Gencral Lc~!I~I!t-


- - -4/11/12 GANESHINVESTMENTS,LLCP


""'Ill----._---_.4/11/123,29,33 PMGANESHINVESTMENTS,LLCGL Account Ledger - Oetail By Oate Range (Current and History)1/1/2010 through 12131/2011P~ 1Batch Journal F.:ntry 1;DaleJobDocumentDescriptionDebitsCreditsBalance-153000.HAMEA.0002674 flP2819 flP2819 flP3209 flP3216 flP3216 flP3216 flP3216 flP* 3133 AP2819 AP2819 flP2819 flP3216 AP3216 AP3216 flP3216 AP3216 flP3216 flP3216 flP3216 flPflP3216* 321<strong>63</strong>2162819'* 2g37* 2841flPflPAPAPAP4954452396523985927959365593665936759368581755240052390523925937059372593735937459376593785937959380593825938359384524145467552789FURNITURE, FIXTURES, EQUIP05/10/11DEPOSIT07/13/1107113/1107120/1107/20/1107120/1107/20/1107/20/1107/20/1107/25/1107/25/1107125/1107/28/1107128/1107128/1107/28/1107/29/11o {/;!9/1107/29/1107/29/1107/29/1107/29/1107/29/1107/29/1108/01/1108/02/11BALON1167581167<strong>63</strong>-751167<strong>63</strong>-751167<strong>63</strong>-751167<strong>63</strong>-752/1167570720EXEEXEQ116784116808-27116808-27116808-27116836116838-40116838-40116838-40116851-78116851-78116851-78NUKOHSERTA-l33780129372937284128462846~84628462846284<strong>63</strong>21732173717flPflPflPflPAP:\PflP.~P,\P/\PflPflP546775467952780:5288852889528815288252eB352886593136:593871)938808/0211108/03/1108/1011108/12/1108/12/1108/15/1108/15/110811511108/17/11OBl19/1108/19/1108/19/11SERTA-2SETRTA-3INSTALLSIGNAGESIGNAGE0815110815110015110817116892-904116892-ml4116892-9043217 I\P')~J:m9 U8/19/1111 G892·904----JilT /\1) 59390 OS/19m115892·904-2907 AP 54146 08/19/111266798* indicates JK or AMEHICA - 20<strong>63</strong> VPC Hotel Signs6.250,00AMERICAN EXPRESS - 33002 Se!ta Bed r:ramcs1.iHJUri'r~MERICJ\N EXPRESS - Mirror & Towel r8ck/Ex8rciscRM3.93200/\MERICAN EXPRESS - M<strong>of</strong>fat COllvection Ovcn ,~, ,Sl


- - -4/11/12Page: 2GANESHINVESTMENTS,LLC32933 PM GL Account Ledger - Detail By Date Range (Current and History)1/1/2010Balch Journal Entry # Date Job lJocurnenl Descrlptioll Uel)i\s Crcrrilc II Balance153000.HAMEA.OOOFURNITURE, FIXTURES, EQUIP (CONTINUED)2907 AP 54147 08/19111 1266798 HILTON HOTEL CORP - 02022274 1264355 ON Q $30,672.51 $- $521,785.08sorTWNl28G9 AP 53504 08/23/11 269641 CITY AUTO SALES, INC - 08 10Ril E 150 VAN 11,bOO.OO 533,28S.0e3217 AP 59392 08/24/11 116933 BOSTON TRADE INT'L INC - 116933 36,176.84 3: 569,461.923217 AP 59394 08/24/11 116934 BOS"TON TRADE ItH'L 1NC - 116934 39,771.70 60Sl.233.683217 AP 59396 08/24111 116940-55 BOSTON TRADE INT'L INC - 116940 2,17U.7U Z 611,404.383217 AP 59397 08/24111 116940-55 BOSTON TRADE INT'L INC -116942 2, n 1.66 614,136.043217 AP 59398 08/24111 116940-55 BOSTON TRADE INT'L INC - 116946 5,00000 c: 619,136.043217 AP 59399 08/24/11 116940-55 BOSTON TRADE INT'L INC - 116948 51.56 -1619,187.603217 AP 59401 08/30111 116955 BOSTON TRADE INT'L INC - 116955 31,999.80 m 651,187.403217 AP 59403 08/30111 116965 BOSTON TRADE INT'L INC - 116965 10,33812 aJ 661,525.523217 AP 59405 08/30/11 116969 BOSTON TRADE INT'L INC -116969 6,506.19 668,031.712873 AP 53566 08/30/11 208HIOX CHARLES REEVES - FF & E Installation 28,171.24 0696,202.952873 AP 53568 08/30111 525102 HILTON SUPPLY MANAGEMENT - 525102 5 Ice Machines 21,135.62 0 717 ,338.572907 AP 54143 08/31/11 2658AUG11 DISCOVER - 20 BOARD/OFFICE CHAIRS 2,180.85 " 719,519.422907 AP 54144 08/31111 2658AUG11 DISCOVER -111 CONFERENCE ROOM CHAIRS 2,693.70 722,213.122907 AP 54137 08/31111 6604AUG11 BANK OF AMERICA - 6604 COMPUTER SOFT'WARE 5,136.01 Z 727,349.132997 AP 55812 09/01/11 ML CITICARD - 32 CONFERENCE TABLES 6,245.51 o 733,594.642970 AP 55317 09/15111 10223679 IBM CORPORATION - WORK ORDER 10223679 2,013.59 • 735,608.23SOFT'WARen• 2982 AP 55487 09/16111 6109 AT& T - TELE EQUIP & INSTALLATION 27,55517 W 7<strong>63</strong>,1<strong>63</strong>.403012 AP 56077 09116/11 SIGNBAL BANK OF AMERICA - 5466 3210 1224 5458 VPC IMAGE 9,215.50 ~ 772,378.903012 AP 56073 09/19111 90000722 AT &T WI-FI SERVICES - 90000722 An WIFI SYSTEM 1,926.00 0 774 ,304.902938 AP 54666 09/22/11 SEPTAMEX AMERICAN EXPRESS - WHIRLPOOL REFIFREEZER 754.35 _ 775,059.252938 AP 54667 09/22/11 SEPTAMEX AMERICAN EXPRESS - SNACK MCH I DRINI\ MCH 8,596.38 -I 783,655.<strong>63</strong>2938 AP 54668 09/22111 SEPTAMEX AMERICAN EXPRESS - 4 LUGGAGE CARTS 1,231.06 -< 784,886.692950 AP 54919 09/28/11 083111 SUNRISE ENTERPRISES - 200 15,000.00 0 799,886.69PHONES/EQUIP/CABLE/PBX SYS3111 AP 57904 09/28111 BAL SUNRISE ENTERPRISES - Balance InV# 1261Teles/PBXI 14,750.00 ." 814,<strong>63</strong>669Ca3012 AP 560<strong>63</strong> 09/30/11 0911AMEX AMERICAN EXPRESS - CONFERENCE TABLES-BALIINCE 4,000.000818,<strong>63</strong>6692997 AP 55800 09/30/11 SEPT11BA BANK OF AMERICA - BAL VISUAL PROD/SIGNS 6,25000 >< 824,886.692997 AP 55792 09/30111 XTR AMERICAN EXPRESS - 3727 10357624000 BAL or 2,955.81 ." 827,842.50SERTA0 852,842.502983 AP 55489 10111/11 116756 BOSTON TRADE INT'L INC - 11G756 25,000.003013 AP 56081 10/21/11 116756/3 BOSTON TRADE INT'L INC -116756 partial pymt 25,000.00 ::D 877,842.503051 G 56<strong>63</strong>1 10/31/11 PRECOR - REFUND 118.29 C 877,724.213051 G 56<strong>63</strong>2 10/31/11 VISUAL PROD - REFUND(SIGN) 1,048.04 876,676.173099 AP 57527 10/31/11 OCTAMX AMERICAN EXPRESS - DRAPERY SHEERS 250.47 876,926.643099 AP !J7528 10/31111 OCTAMX AMERICAN EXPRESS - MUSIC SYSTEM :~,997.[) 1 880,923.653052 AP 56643 11/02111 1442-1 AUDIO CENTRAL - 81442 PARTIAL,81443,81444, 13,9GO 77 894,8844230G1 AP 56758 11/09111 1167561' BOSTON TRADE INT'L INC -11675G PIlfUiAL PYMT 25,00000 919,884.423D97 AP 57554 11/22/11 PATIAL BOSTON TRADE INT'L INC - PARTIAL PYMTI INVII1H;757 5542.00 925~A23097 AP 57556 11/22111 PYMT BOSTON TRADE INT'L INC - BAL 01- INV 1675G 19,46712 94


-411111 ?32933 PMBatch Journal Entry #DateJobGANESH INVESTMENTS, LLCGL Account Ledger - Detail By Dale Range (Current and History)1/1/2010 ttlrougl112/31/2011DocumentDescriptionDebitsI'ICredIts~3Galance.,153000.HAMEA.0003110 AP3202 AP5789259186FURNITURE, FIXTURES, EQUIP (CONTINUED)1112311111130111BALAMEXIIIIAUDIO CENTRAL - BALANCE OF AUDIO SYSTEMAMERICAN EXPRESS - SMOKING POSTFURNITURE, FIXTURES, EQUIP TOTAL:$10,000.00727 -11$956,787.28$-$1,166.33~54,893.54Zl55,620.95ro!'!. __ ____ _TOTAL OF LEDGER:$956,787.28$1,166.33 lm55,620.9500;ill;;Z0•0)W~(")- -t-


429MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61·0226IORDINANCE 2012-2:It was moved by Alderman Howell, seconded byAlderman Antonow to adopt Ordinance 2012-2,"AN ORDINANCE AMENDING THEREZONING ORDIANCE ESTABLISHING APUD OVERLAY DISTRICT FOR CERTAINPROPERTY LOCATED ON OLD TAYLORROAD WEST OF THE MARKSCONDOMINUMS" Said Ordinance is recorded in<strong>Book</strong> 8 <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> Code <strong>of</strong> Ordinances.The vote was as follows:Voting Aye - Bailey, Oliver, Howell, Antonow,Taylor and WilliamsVoting No- MorganMayor Patterson declared the motion carried.II


II30ORDINANCE tiC! .~Olu..MINU .- t: BOOK No. <strong>63</strong>, CITY OF OXFORDDeMeN,MeRmN"'"AN ORDINANCk AMENDING IRE REZONING ORDINANCE ESTABLlSJIlNG A ptiIn. -OVERLA Y DISTRICT FOR CERTAIN PROPERTY LOCATED ON OLD 1A YLOH ROAD IWEST OF THE MARKS CONDOMINUMSIBE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF '!OXFORD, MISSISSIPPI:IWHEREAS on April 17, 2012, the Board <strong>of</strong> Aldermen found that a change in the i8nd usecharacter orthe area has occurred and that there was need for additionalmulti-familv and neighborhoodcommercial property in the area to justify rezoning the subject property from CF to pun with thecondition that approval is only for an attached site plan (Zoning Case #1(27). The subject property ISmore particularly described below:IIPart <strong>of</strong> the Southeast Quarter and the Northeast Quarter <strong>of</strong> Section 31, Township 8 South. Range 3 West.Lafayette County, Mississippi, being 29.965 acres, more or less, and more particularly described as follows:Beginning at a 1/2-inch steel tube on the westerly right-<strong>of</strong>-way line <strong>of</strong> Old Taylor Road (50.0 feet \\ide)1,546.41 feet north and 948.17 feet west <strong>of</strong>a I-inch iron pipe found and commonly accepted as the sOlltheastcomer <strong>of</strong> the southeast quarter <strong>of</strong> said Section 31; thence rlln North 80°43' 47" West a distance <strong>of</strong> 1.4 70.08feet to a II2-inch steel tube on the easterly right-<strong>of</strong>-way line <strong>of</strong> the Illinois Central Railroad (1 OO-feet \\ ide):thence run northeasterly along a 5641. 73-feet radius curve to the left, having a Chord Bearing and ChordDistance <strong>of</strong> North 34°34'10" East and 774.46 feet, a distance <strong>of</strong> 775.07 feet along said ea.sterll' right "f "ayline to a I 12-inch iron bar at a fence comer at the southwest comer <strong>of</strong>the Braxton Comer property: thence runSouth 89°55'27" East a distance <strong>of</strong> 91 0.06 feet along the south line <strong>of</strong> said Comer pr"pertv to a I-inch in'npipe: thence run North 54° 49' 55" East a distance <strong>of</strong> 103.60 feet along said Comer south propert' line te) aII2-inch steel tube: thence run North 55°52'55" East a distance <strong>of</strong> 313.50 feet along saiel Comer southproperty line to a II2-inch iron bar: thence run North 60°41 '26" East a distance <strong>of</strong> 502.00 feet along saidComer south property line to a 112-inch iron bar; thence run North 30°30'18" East a distance <strong>of</strong> 2R2.29 reetalong said Comer south property line to a 112-inch iron pipe on said Old Taylor Road \\ esterly right-<strong>of</strong>-\\ayline: thence run South 26°19'32" West a distance <strong>of</strong> 626.97 feet along said westerly right-"f-\\3v line to apoint: thence run southwesterly along a 1,975.30 feet radius CUrve to the right. having a Chord Bearing andChord Distance <strong>of</strong> South 27°04' 16" West and 51.40 feet, a distance <strong>of</strong> 51.41 feet along said \\esterlv right-<strong>of</strong>wayline to a point; thence run South 27°49'00" West a distance <strong>of</strong> 1,120.25 feet along said westerl, right-<strong>of</strong>wayline to the Point <strong>of</strong> Beginning and containing 29.965 acres, more or lessI\VHEREAS on Mav . 1 , 2012 the Board <strong>of</strong> Aldermen considered an amendment to the ('rdinanceestablishing the PUD overlay district for the above described property to preclude occupancv <strong>of</strong>residential development until aller January 1, 2014; andWHEREAS. on May 15,2012 a public hearing was held on the proposed amendment restrictingresidential occupancy until January 1,2014 for the PUD overlay for the above described property.INOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OFALDERMEN OF THE CITY OF OXFORD, MISSISSIPPI, AS FOLLOWS:Section 1. That the Ordinance establishing the PUD for the above described propertv beamended to preclude occupancy <strong>of</strong> residential development until alier Jan lIary L 2014.Section 2. That all ordinances, or parts <strong>of</strong> ordinances in connict here"ith. shall be. and thesame are hereby repealed.ISection 3. That this ordinance shall take effect and be in force from anci after the timerequired by Mississippi Code <strong>of</strong> 1972, as amended, provided, however, that such change or amendmentmade by this ordinance shall not become effective until such has been duly entered upon the OfficialZoning Map <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi.The above Ordinance having been first reduced to writing and considered at a public meeting <strong>of</strong> thegoverning authorities <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, on motion <strong>of</strong> Alderman Ho\\ellseconded by Alderman Antonow and the roll being called, the same was adopted by the follo\\ing vote:Alderman WilliamsAlderman Olivervoted AYEvoted AYE


,~Idcrtllan Antonu"voted AYENo. <strong>63</strong>, CITY OF OXFORD31A Iderman BaileyAiderman l\!organvoted AYEvoted NOED, this day the 15th_ <strong>of</strong> __ May ,2012E G. PATTERSON, MA YORc-=~±I--'::--=-C ------. ---CARWYLE, CITY CLERKII


32 5MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIOIAN 61-225I~O~R~D~I~NA-N:~2012-3:It was moved by Alderman Morgan. seconded byAlderman Williams to adopt Ordinance 2012-3."AN ORDINANCE AMENDING TilEBLACKBERRY HILLS PLANNED UNI rDEVELOPMENT (PUD) LOCATED ON l'dOLL YBARR ROAD WEST Of CHRIST!\lAN DRIVE··.Said ordinance is recorded in <strong>Book</strong> 8 <strong>of</strong> the <strong>City</strong> <strong>of</strong><strong>Oxford</strong> Code <strong>of</strong> Ordinances. All the aldermenpresent yoting aye, Mayor Patterson declmed themotion carried.III


ORDINA.NCE NO. ~OI2-333D VE:LOPl\lENT (PUB) LOCATED ON MOLLY BARR ROAD WEST OF CRIST MANDRIVEE IT ORDAINED BY TIlE MAYOR AND BOARD OF ALDERMEN OF THE CITY OFD, MISSISSIPPI:VHEREAS, on April 9, 2012, the <strong>Oxford</strong> Board <strong>of</strong> Adjustment in accordance with publicItice, elLl a public hearing on a Special Exception request by Chance Properties (0 amend a portion thelackb rry llills PUll (Case # 1<strong>63</strong>4) The amended portion <strong>of</strong> the Blackberry Hills PUD is a 65 acreact 0 land ILlcated on (he 11011h side <strong>of</strong> Molly Barr Road west <strong>of</strong> Cristman Drive more pat1icularlydescrib d as the t()llowing:All that certain real propeny. and all appwtenances thereto, lying situate in lafayette County, Mississippi,panicul 'Iy lkscribed as tc)ilows:TRAC I: Commencing at a C)((on Picker Spindle (found) and recognized as being at the Northeast Comer<strong>of</strong> Secti n 16, Township 8 South, Rallge 3 Wes~ lafayette COlmty, Mississippi, Chickasaw Meridian;thence I 1 SOUTH Il)r a distance <strong>of</strong> 674.85 teet to a point; thence run WEST for a distance <strong>of</strong> 1,333.92 feetto a Yo" bili\set) ili1(j the Point <strong>of</strong> Beginning; fium said Point <strong>of</strong>Begirming, thence run South 5r44'44" Eastlor a dis lce <strong>of</strong>232.57 ted to a Y2" rebar (set): thence nm South 00°22'59" West for a distance <strong>of</strong> 84.33 feetto a '/z" ebar (set); dlence 11m South 06°52'10" East for a distance <strong>of</strong>297.82 feet to a Yz" rebar (set); thencenm Sou 105°'+0''+7'' East tl)], a dislililce <strong>of</strong> 174.28 teet to a 1'2" rebar (set); thence lUn South 85°23'00" East fora distan <strong>of</strong> 1'+0.83 leet to a ~;" rebar (towld); thence run South 85°28'45" &;'1 for a dislililce <strong>of</strong>36.22 feet toY," reb (set); dlence run NOlth 88°03'05" East for a distance <strong>of</strong> 54.51 feet to a 1'2" rebar (set) on the We:,1light w 'or Chlistnlilil Drive: thence ntn along said West right-<strong>of</strong>-way South 30°58'05" East for a distance<strong>of</strong>92.12 feet to a ',z" rebar (Sel); thence, leaving said right-<strong>of</strong>-way, run South 56°33'38" West for a distance<strong>of</strong> 109.3 th;t to a ~;" rebar (set); thence roo South 22°33'20" East lor a distance <strong>of</strong> 131.82 feet to a y," rebar(set); dl Ce nm South 09"'+ 1 ''+2'' East for a distance <strong>of</strong> 89.82 feet to a'/''' rebar (set); thence run South01°07'2 "East lor a distance <strong>of</strong>95.12 lee( to a'/''' rebar (set); thence run South OJ °03'41" East for a dislililce<strong>of</strong> 100. lee! to a ~;" rebar (Sd): thence run South 00°20'48" East for a distance <strong>of</strong>234.78 teet to a'/''' rebarth ee nm South 86°'+2''+5'' East tor a distance <strong>of</strong> 114.01 feet to a I/z" rebar (set); thence run South°'+0'0 "East tor a dis(ililce or87.30 tee( to a w rebar (set); thence nm South 55°50'30" East for a dislili1ce <strong>of</strong>1 J 1 el to a :," rebili' (SCI); thence lUll across a 1'2" rebar (fOlmd) SOUdl 00~8'56" East for a distance <strong>of</strong>0'-1206 et to a \;" rebar (IOllild): thence run South 89°22'27" West for a dislililce <strong>of</strong> 118.69 feet to a 1'2"rebm' (S ); thence mn NOlth 00°.+7'58" West for a distance <strong>of</strong> 69.15 feet to a 1'2" rebar (set); thence nmNorth 5 06'2'+" West tor a dislance <strong>of</strong>l54.07 feet to a y," rebar (set); thence nm South 89°51 '41" West fora dislilil <strong>of</strong> 560.95 fee( to a ~;" rebar (sel); thence nm South 00°47'07" East for a dislililce <strong>of</strong> 99.11 to a'.2" reb (set): (hen~e run South 53°30'47" West for a distance <strong>of</strong> 84.47 feet to a Y2" rebar (set);thence tn South.+7 08'26" Wesl lor a distance <strong>of</strong> 104.51 feet to a '/z" rebar (set); thence run Not1h.+.+°32'3 "West lor a distancc <strong>of</strong> 1,084.11 feet to a'/''' rebar (set); thence run North 32°42'21" East tor adist,mce )1' 169.89 teet to a :2" rebar (set); thence run Not1h 45°00'55" East for a distance <strong>of</strong>73.38 teetto a Vz" bar (,-;et); thence nUl North 68° 12'33" East for a distance <strong>of</strong> 69.87 feet to a Yi' rebar (set); thencerun Nor h 87 .+ 7'55" East for a distance <strong>of</strong> 84.40 feet to a Yz" rebar (set);othence run South 74°29'01"East for a dislance <strong>of</strong> 60.59 feet to a ,-:," rebar (seD; thence run South 4500'55" East for a distance <strong>of</strong>96.31 Ie t to a Y,' rebar (sel); thence run North 48 35'29" East for a distance <strong>of</strong> 147.04 feet to a 1'2"rebar (s I); Ihence run North 00°32'36" West for a distance <strong>of</strong> 684.08 feet to a Yz" rebar (set); thencerun No 39°.+.+'28" West liJr a distililce <strong>of</strong> 299.34 feet to a Vi' rebar (set); thence nm N olm 49°29' 57"East lor dist,mce <strong>of</strong> 173.25 fed to a 'I;' rebar (set); thence run South 55°11'23" East for a distance <strong>of</strong>25.92 f t to a ~2" rebar (set); thence run NOrdl 89°53'49" East for a distance <strong>of</strong> 397.89 feet to thePoint <strong>of</strong> Bc:ginning.It);Alilyin situate ,md being in Ihe Northeast (NE \'4) Quarter o[Section 16, Township 8 South, Range 3West, Layette CouIlty, Mississippi, Chickasaw Meridian ili1d containing 40.01 acres, more or less.TR,,"C II: Commencing at a Cotton Picker Spindle (lound) and recognized as being at the Not1heastComer f Seclion 16, Tov.nship 8 South, Range 3 West, Lafayette County, Mississippi, Chickasawleridi ; tItence nUl SOUTH for a distance <strong>of</strong> 674.85 teet to a point; thence run WEST for a distance <strong>of</strong>333.9 feel to a'.;' rebar (set) and the Point <strong>of</strong> Beginning; fum said Paint <strong>of</strong> Beginning, thence runllith 8 53''+9'' West t(ll a dislililce <strong>of</strong>397.89 feet to a 1'2" rebar (set); thence run North 55° 11 '23" Westfor a di anee 01 25.92 (eet [0 a Y2" rebar (set); thence run South 49°29'57" West for a distance <strong>of</strong>173.25 t d to a',," rebar (Sd): thence nUl North 50°58'13" West for a distance 0[278.95 leet to a V2"rebar (s ); tllence nln Soulh 39°31 ''+3'' West for a distance <strong>of</strong> 285.83 feet to a V2" rebar (set); thencenm No 50° 15'55" West ro[ a distililce 01'298.66 feet to Yz" rebar (set); thence run North 39°25'47" Easttor a di ance <strong>of</strong> 511.99 teet to a'/''' rebar (set); thence run North 00°03'07" West for a distance <strong>of</strong>2.+ 1..+9 t et to a ~;" rebili" (sel); thence nm South 89°44'38" East for a dislililce <strong>of</strong> 1,146.37 feet to a Y,"rebar (s); thence nm South 00°35'27" East for a distance 01'436.39 feet to a 1'2" rebar (set); thence rooNonh 8 °00'32" East for a distance <strong>of</strong> 266.90 leet to a 1'2" rebar (set) on the West tight-<strong>of</strong>-way <strong>of</strong>Christm Drive: thence nm along said West right-ol~way South 45°59'12" West for a distililce <strong>of</strong>127.84 t et lcl a 1;" rebar (set); thence nm along a ClllVe to the right having a radius <strong>of</strong> 82.93 feet for adistance )f29.-+9 teet along1062879,1I ....


34said curve"having a chord beari~<strong>of</strong>South 36°29'05" West and a chord len~h <strong>of</strong> 29.49 feet to a '1,"rebar (set): thence,MfNUJT£hBOO~Nt!tl ft'ICtvF¥,oOll'st0X


35amend troposed use


(36----------MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORD,--' .II~'(II!IVVILLl,.\L1S E'NGI~JEER'tJr3 CONSU TANTS, It~CP'clf'ssic;.nal eng,llee,s I f'I"f.~s~!,-y~al La)(j Sw\e/iJlS


<strong>63</strong>7MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226IIBICYCLE FRIENDLYCOl\llVlllNITY:2012 OXFORD ENDURANCEWEEKEND:STANDARD PARKINGCONTRACT:CHANGE ORDER:Kate Kellum and Scott Rone came before theMayor and Board <strong>of</strong> Aldem1en to present the <strong>City</strong><strong>of</strong> <strong>Oxford</strong> with the Bicycle Friendly Communitynational award.It was moved by Alderman Howell, seconded byAlderman Taylor to authorize the 2012 <strong>Oxford</strong>Endurance Weekend. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried.The Mayor discussed whether there was a need fora vote regarding the Standard Parking contract fordowntown parking management services. PopeMallette, counsel, stated they had been workingwith Standard Parking on the proposed contract andwould continue to work with them.It was moved by Alderman Morgan, seconded byAlderman Taylor to authorize the change order forwater distribution extension for Bell Utilities. Allthe aldermen present voting aye, Mayor Pattersondeclared the motion carried.I


38MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORD qEt~J!&1!\"QI;flerNo. 4 & l'1illaiDate <strong>of</strong> Issuance: __ Ma)' 3. 20]2~L-~~ __________ Efrective Date:;\{o)']5,2012Projcct: 10wl1er: Cil)' olOsfol'd Owner's Contr[lct No.:Contmct: W"lel' Disll'ibuliol1 £xlellsioll/Ol' Date <strong>of</strong>Col1tract: Jlllle 8.2011Bel! Ulililies Acquisilioll_C_o_n_t_ra_c_to_'_':_E __ II_"_I_'k __ C_o_"_S_II_U_C_li_O_"_c_O_._._b_,C_. __________________-LE_"_g_i,_'e_e_r_·s_P_'_D_je_c_t._NO._:____________-+____IThe Contract Documcnts arc modified as follows upon execntion <strong>of</strong> this Change Orde-,,~Description:Rel'ise cOll/rllelqulIlllilies (.,ee aI/ached sheel).-----------Jl---­Attachments (list docnl1lents snpporting changc):Reco{l sheel showillg qllOlllil), o(leliliolls allel eleleliollS lI'il" dolllll' {/UlOlIllllolais.CHANGE IN CONTRACT PRlCE:Original Contract Price:$ 1.164.715.00[Incrcase] [Geeffase] frol11 previouslyapproved Change Orders No . .Lto No. ;1:$ 19,488.40Contract Price prior to this Change Order:$ 1.184.203.40Decrease ortllis Change Order:$ (44.962.27)CHANGE IN CONTRACT TIMES:,Origi,ml Contract Times: 0 Working days k'Lrrl">Contract Times prior [0 this Change Order:Substantial completion (clate): March 21. 2012Ready for finallwyment (date): Marclll.L:mI2Increase l-fle&rell5e <strong>of</strong> this Changc Order:Substantial completion (days): 40 dl\j'~Ready for final payment (days): ~ daysICOlllrElct Price incorporating Ihis Change Order:8y·~..A~~~~~~--·nginccr (Authorized SiglHltnrc)Date:5/3/1'2.-Contract Times witlt all approved Changc OrdelS:Substantial completion (date): t1Pl.1I1lL£OllReady for final payment (date): M'lyJ,20 11ACCEPTED:By: ________________ __0\\11Cr (Authorized Signnlurc)Date: ________________ __ACCF ED: - c: , LBy: ,rf!jB~ ~ /7;OI1;r


.,39CITY OF OiUORDMINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61·0226eet 4-aFOR BEll UTILITIES ACQUISITIONEUBANK CONSTkUCTION CO., INCCHANGE ORDER NO.4 & FINALADDITIONS'.Ir-Pay ItemDescriptiDn37 Cap & Block 4" Main50 4~ Set Screw Retainer Glands58 S",ed F",nilile & Mulch62 Solid Bermuda Sod')2 3 Way Fife Hydrant· Material Only'73 CDncrete Drive Repa'ir5ubtotal- AdditionsQUANTITY UNIT UNIT PRICE AMOUNT1.0 EACH $50000 $500.0011.0 EACH 45,00 495.00508.0 U. 1.00 508.001,450.0 S.Y. 3.00 4,350.004.0 EACH 1,097,92 4,391.6865.0 S.F . 15.00 975.00S11,219.68DELETIONSPdi ItemDescription1 12" DUOil", Iron Pipe, CI. 350r--4" Duc{iie Iron Pipe, CI. 350f-- 425 3 Way fire Hydrant Assembly49 6" Set Screw Retainer Glands52 Ductile Iron Fittings53 Tra;;::.;or WireQUANTITY UNIT UNIT PRICE AMOUNT866.0 l.F. $34.00 S29,444.0040.0 L.F. 20.00 800.005.0 EACH 3,400.00 17,000.0050.0 EACH 50.00 2.500.001,775.0 lSS 3.50 6,212.501,503.0 U. 0.15 225.455ubtotiil - Deletions$56,181.95~-NEl" DECilEASE IN CONTRACT AMOUNr-$44,962.27II


407MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61 -226WEST SPRING HILLTRANSFER:SLUDGE FROM W ASTEW A TERTREATMENT PLANT:It was moved by Alderman Antol1(1\\. seconded h\Alderman Taylor to authorize the transfer <strong>of</strong> \\'estSpring Ilill and authorize Mayor Patterson andClerk to execute necessary documents. All thealdermen present voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman l\·lorgan. seconded bvAlderman Bailey to accept the low bid li',lIn SludgeTechnology, Inc. in the amount 01'$525.000.00 forthe BioSolids Land Applicatiun j(lr sludge fromWasteWater Treatment Plant. All the aldermenpresent voting aye, Mayor Pattersoll declared themotion carried.III... I


~~- --.~.,-". -r ,~BIDT .... n I'TION~W.L.O.E ! IENGINEERS, P.A.P.O.~8CITY OF OXFORD DATE: May 10.2012DlOSOLlDS LAND FARMING PROJECT TIME: 3:00 P.M, (CST)oxro I SISSIPPI 38655-1084 OXFORD, MISSISSIPPI PLACE: OKfon! <strong>City</strong> HallOIC(ord. MS>C'BIDDERSSludge Technology, Inc. Synagro-Wwr. Inc. Terra Renewal, LLCESTIMATED 8101 West 33 M StreeT South I 800 Bering Drive. Ste. 1000 1100 E. Campbell Road, Sle 220N~ PAY ITEM QUANTITY Muskogee. OK 7440 I Houston, TX 77057 Richardson, TX 75081I- UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT0~Biosolld Subsarrace/('1) Injection Program(0•Z~02.500 Dry Tons $200,00 $500.000,00 $293,00 $732.500,00 $305,75 $764.375,00Lime Soli Treatment 500 TOil $50.00 $25.000,00 $36,95 $18,475,00 $54,77 $27.385,00~ -- ----- >< >


~"-- _.•42 8~~~~~~~~~MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61·226STREET NAMES FOR2007 ANNEXATION: It was moved by Alderman Williams. seconded 11\Alderman Antonow to adopt the foll


43__ Bailey ____ olfered and moved the adoption <strong>of</strong> the following resolution:IUESOLUTION OF THE MAYOR AND BOARD OF ALDERMEN OF THECITY OF OXFORD, MISSISSIPPI DIRECTING THE ISSUANCE OF ANOT TO EXCEED TWO HUNDRED ELEVEN THOUSAND DOLLAR(S211,0()0) GENERAL OBLIGATION REFUNDING NOTE, SERIES 2012Of Ti-l£ CITY OF OXFORD, MISSISSIPPI FOR THE PURPOSE OFREFUNDING THAT CERTAIN $675,000 (ORIGINAL PRINCIPALAMOUNT) GENERAL OBLIGATION NOTE, SERIES 2008 OF THECITY OF OXFORD, MISSISSIPPI; PRESCRIBING THE FORM ANDnETAILS OF SAID NOTE; PROVIDING CERTAIN COVENANTS OFTHE CITV OF OXFORD, MISSISSIPPI IN CONNECTION WITH SAIDNOTE AND nIRECTING THE PREPARATION, EXECUTION ANDDELIVEI{Y THEREOF; APPROVING THE FORM OF AND THEEXECUTION ANn DELIVERY m' A PRIVATE PLACEMENTAGH.EEMENT IN CONNECTION WITH THE SALE OF SAID NOTE;AND FOR RELATED PURPOSES.WHEREAS, the Mayor and Board <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi (the"Governing Body"), acting for and on behalf <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi (the "<strong>City</strong>") areauthorized by Sections 31-15-1 et seq., Mississippi Code <strong>of</strong> 1972, as amended (the "RefundingAct"), to issue general obligation refunding bonds or notes <strong>of</strong> the <strong>City</strong> for the purpose <strong>of</strong>rdtnancing certain outstanding prior obligations <strong>of</strong> the <strong>City</strong>; andIWHEREAS, pursuant to Sections 17-21-51 through 17-21-55, Mississippi Code <strong>of</strong> 1972,as amended, and Sections 21-33-301 et seq., Mississippi Code <strong>of</strong> 1972, as amended, theGoverning Body, acting for and on behalf <strong>of</strong> the <strong>City</strong>, did heret<strong>of</strong>ore issue a $675,000 (originalprincipal amount) General Obligation Note, Series 2008 <strong>of</strong> the <strong>City</strong> (the "Prior Note") for thepurpose <strong>of</strong> preparing and equipping athletic fields and purchasing machinery and equipmentv.hich has an expected useful life in excess <strong>of</strong> ten (10) years, including motor vehicles weighingin excess <strong>of</strong> twelve thousand (12,000) pounds; andWHEREAS, the <strong>City</strong> is desirous <strong>of</strong> rei un ding the outstanding Prior Note for interest ratesa\ings: andWHEREAS, it has been determined that the outstanding Prior Note is eligible forrefunding under the Refunding Act; andWHEREAS, pursuant to the Refunding Act, the Prior Note can be legally oreconomically defeased; andWHEI


44private Mt~\UXIiaIPsQ~~NQfl §~ ~rfrXu2 fa2e1'fs~~Rernil~E8~'!!l1~determme to be m the <strong>City</strong>'s best interest), to make-;);'r-angements for the retirement <strong>of</strong> th~Note and to make all other arrangements relating to such refunding note: andPrio~11IWHEREAS, the Governing Body has determined that the sale <strong>of</strong> such refunding notethrough private sale will provide the Governing Body with the greatest degree <strong>of</strong> flexibility illthe marketing <strong>of</strong> such refunding note and will ensure the most favorable long terlll interest ratesand will thereby maximize the interest savings for the <strong>City</strong>; andWHEREAS, such refunding note will be sold to Regions Bank (the "Purchaser")1pursuant to the terms and provisions <strong>of</strong> a Pri vate Placement Agreement, to be dated as 0 r the date'<strong>of</strong> the sale <strong>of</strong> such refunding note (the "Private Placement Agreement"), bv and betvveen thePurchaser and the <strong>City</strong>: andiIWHEREAS, it appears that the Private Placement Agreement. which is 11(1\\ beti)re theiGoverning Body, is in appropriate form and is an appropriate document for the l'urposeJ1,identified; andIWHEREAS, all conditions, acts and things required by the Refunding Act and the:Constitution and laws <strong>of</strong> the State <strong>of</strong> Mississippi (the "State") to have existed. to have happenedand to have been performed precedent to and in connection with the adoption <strong>of</strong> this resolution.the sale and issuance <strong>of</strong> such refunding note and the execution and deliv-erv <strong>of</strong> the PrivatePlacement Agreement have happened and have been performed in regular and due ti)\le. formand manner as required by law; andWHEREAS, it is proposed that the Governing Body should take all such additional,actions, authorize the execution <strong>of</strong> such documents and certificates and authorize such other:actions and proceedings as shall be necessary in cormection with the sale and issuance <strong>of</strong> such,refunding note: and'I\VHEREAS. the issuance <strong>of</strong> such refunding note does not exceed any statutorv orlconstitutional limitation upon indebtedness which may be incurred by the <strong>City</strong>.NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR i\ND HOARD OFALDERMEN OF THE CITY, ACTING FOR AND ON BEHALF OF THE CITY, ASFOLLOWS:ISECTION 1. This resolution is adopted pursuant to the Refunding .\ct and the!Constitution and laws <strong>of</strong> the State and all recitations hereinaboye made are f(lund andadjudicated to be true and correct.SECTION 2. Proceeding under the authority <strong>of</strong> the Refunding Act. there shall he and,there is hereby authorized and directed to be issued a General Obligation Refunding N(lte. Series l2012 <strong>of</strong> the <strong>City</strong> in the aggregate principal amount <strong>of</strong> Two Hundred Eleyenll](1usancl Dollarsll($21 LOOO) (the "Note"). In consideration <strong>of</strong> the purchase and acceptance pf the Note. thiSl1resolution shall constitute a contract between the <strong>City</strong> and the registered holder frolll time to time!<strong>of</strong> the Note. Pursuant to the Refunding Act, the Note shall be a general obligation <strong>of</strong> the <strong>City</strong>.!'and the full faith, credit and resources <strong>of</strong> the <strong>City</strong> are hereby irrevocably pledged for the payment l2I


45I<strong>of</strong> the principal MJNUiTrEt BQOK:eNo. ~GlTsYfQEtQXliQliiDidi~.iWMER'D


46r=MWU;J{ij; ~PQ~ tig·b~~


47MINUTE BO(l)KIHoo&a;rCITY OF OXFORDDEMENT·MERIDIAN 61-0226THE SALE, ASSIGNMENT, REPLACEMENT OR TRANSFEROF nns NOTE IS SUBJECT TO THE RESTRICTIONS IMPOSEDTHEREON BY THE WITHIN MENTIONED RESOLUTIONIRegisteredNo. R-JUNITED STATES OF AMERICACITY OF OXFORD, MISSISSIPPIGENERAL OBLIGATION REFUNDING NOTE,SERIES 2012$211,000The <strong>City</strong> <strong>of</strong> Oxi(lrd, l'vlississippi (the "<strong>City</strong>") for value received, hereby promises to payto Regions Bank. as registered holder here<strong>of</strong>, or its legal representatives or registered assigns ashereinafter provided (the "Registered Holder") at the times and in the amount set forth below, theprincipal sum orITWO HUNDRED ELEVEN THOUSAND DOLLARSin any coin or currency <strong>of</strong> the United States <strong>of</strong> America which, on the date <strong>of</strong> payment there<strong>of</strong> islegal tender for the payment <strong>of</strong> public and private debts, and to pay in like coin or currency,interest thereon li-llfll and including the date here<strong>of</strong> at the rate <strong>of</strong> 1.55% per annum payable onDecember 1, commencing December I, 2012. Interest will be payable by check or draft <strong>of</strong>Regions Bank, Oxfi)rd, Mississippi (the "Paying and Transfer Agent") made payable to theRegistered Holder <strong>of</strong> this Note as <strong>of</strong> the close <strong>of</strong> business on the date which shall be the fifteenth(15th) day (whether or not a business day) preceding such interest payment date and named inand mailed to the address appearing on the registration books <strong>of</strong> the <strong>City</strong> held and maintained bythe Paying and Transfer Agent. Interest on this Note will be computed on the basis <strong>of</strong> a 360-dayyear consisting <strong>of</strong> twelve (12) thirty (30) day months. Principal <strong>of</strong> the Note will be payable atthe principal corporate trust <strong>of</strong>fice <strong>of</strong> the Paying and Transfer Agent on December I, 2012 andDecember 1,2013.This Note is issued pursuant to the authority <strong>of</strong> and in full compliance with Sections31-15-1 el seq., f'vlississippi Code <strong>of</strong> 1972, as amended (the "Act") and a resolution duly adoptedby the Mayor and Board <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong> on May 15,2012 (the "Resolution"). This Noteis subject to all terms and conditions <strong>of</strong> the Resolution. Terms not otherwise defined herein shal!have the same meanings ascribed to them in the Resolution.This Note is issued to refund the outstanding amount <strong>of</strong> the <strong>City</strong>'S $675,000 (originalprincipal amoulH) General Obligation Note, Series 2012.This Note shall be a general obligation <strong>of</strong> the <strong>City</strong> and shall be secured by a pledge <strong>of</strong> thefull faith, credit and resources <strong>of</strong> the <strong>City</strong>.This Note wil! not be subject to redemption prior to its maturity.5I


I--I48~WYJ~r§g~~l~!ppr~apaISI!Xntgeft 9lfQ~RaII Ijl"~'~!¥l~M~¥6Sunday. legal holiday or a day on which banking institutions in the <strong>City</strong> are authorized b\ law orexecutive order to close. then the date for such payment shall be the next succeeding day \\bichis not a Saturday. Sunday. legal holiday or a day on \\hich such hanking institutions areauthorized to close. and payment on such day shall have the same force and effect as if ll1aue Oilthe normal day <strong>of</strong> payment. !IIThis Note may be transferred or exchanged by the Registered I Iolder here<strong>of</strong> in person 0 •by his attorney duly authorized in writing at the principal <strong>of</strong>fice <strong>of</strong> the Paving and TransfeAgent. but only in the manner. subject to the limitations in the Resolution.


49This is the Note described in the within mentioned Resolution <strong>of</strong> the Mayor and Board <strong>of</strong>Aldermen <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi.REGIONS BANK, as Paying andTransfer AgentIDate <strong>of</strong> Registration and Authentication: ___________ _By ________________________ ___Authorized SignatorySTATE OF MISSISSIPPICOUNTY OF LAFAYETTEREGISTRATION CERTIFICATEL the undersigned <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, do hereby certify that thewithin Note has been registered as an obligation <strong>of</strong> said <strong>City</strong> pursuant to law in a record kept inmy olrice for thal purpose.(SEAL)<strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>,MississippiASSIGNMENTIFOR VALUE RECEIVED, the undersigned sells, assIgns and transfers unto(Name and Address <strong>of</strong> Assignee)the within Note and does hereby irrevocably constitute and appoint-c---------c----- as registrar and transfer agent to transfer the within Note on therecords kept for regislration there<strong>of</strong> with full power <strong>of</strong> substitution in the premises.7I


50MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226SIgnature guaranteed:(Bank, Trust Company or Paying Agent)(Authorized OfficerDate <strong>of</strong> Assignment: _________ _Insert Social Security Number or other TaxIdentification Number <strong>of</strong> AssigneeNOTICE: The signature to thisAssignment must correspond \\'ith the:name <strong>of</strong> the registered holder as it appearslupon the face <strong>of</strong> the within Note in every:particular, without any alteration whatever,'and must be guaranteed by a Cllllllnercialbank or trust company or a member <strong>of</strong> 'national securities exchange \vlro ismember <strong>of</strong> a Medallion SignaturGuarantee Program.I[END OF FORM OF NOTEISECTION 10. Subject to the restrictions contained herein. the regi:;tratic'll <strong>of</strong> the Notemay be transferred upon the Registration <strong>Book</strong>s upon delivery to the Paving and Transfer Agent.!accompanied by a written instrument or instruments <strong>of</strong> transfer in form and "ith guaranty 01:signatures satisfactory to the Paying and Transfer Agent, duly executed by the registered holder,<strong>of</strong> the Note or by his attorney-in-fact or legal representative, containing written instructi"ns as to',the detail <strong>of</strong> transfer <strong>of</strong> the Note, along with the social security number or federal employefidentification number <strong>of</strong> such transferee. In all cases <strong>of</strong> a transfer <strong>of</strong> the Note. the Pa\'ing andTransfer Agent shall at the earliest practical time according to the provisions <strong>of</strong> this resolution,enter the transfer <strong>of</strong> ownership in the Registration <strong>Book</strong>s and shall deli\'er in the name <strong>of</strong> theltransferee a new fully registered note identical to the Note. The <strong>City</strong> may charge the registeredlholder <strong>of</strong> the Note for the registration <strong>of</strong> every such transfer <strong>of</strong> the Note suftlcient to reimburse itfor any tax. fee or any other governmental charge required (other than by the <strong>City</strong>) to he paidwith respect to the registration <strong>of</strong> such transfer, and may require that stich amounts be pai9before any new such Note shall be delivered. 'II, IThe Note may only be transferred upon compliance by the registered holder <strong>of</strong> the Not~!with the terms and provisions <strong>of</strong> this resolution. specifically, the registered holder <strong>of</strong> the Note lmust obtain from the purchaser or transferee there<strong>of</strong>. and deliver to the <strong>City</strong> on or before thiclosing date there<strong>of</strong>, a document satisfactory to the <strong>City</strong> to the effect that:(a) such purchaser is purchasing the Note for its own account for the pllrpo:;e <strong>of</strong>investment and not with a view towards distribution or resale;(b) such purchaser has knowledge and experience in financial matters and is capabld<strong>of</strong> evaluating the merits and risk <strong>of</strong> purchasing the Note;II(c)such purchaser has read and fully understands this resolution;8I


(d)sMjNUTsErSQO~ltJo.m&;i~ GLJ;YnQFs rQXIaQRQe q\;);EWLERIDIAN"~"6e men[sand risks <strong>of</strong> its purchase <strong>of</strong> the Note;51I(e) such purchaser recognizes that Baker, Donelson, Bearman, Caldwell &Berkowitz, PC ("Special Counsel") is not responsible for any information contained in oromitted hom materials regarding the <strong>City</strong> and the Note, this resolution and the Note andacknowledges that it does not look to Special Counsel to obtain such information on its behalf;and(t) while it has no present intention to resell or otherwise dispose <strong>of</strong> all or any part <strong>of</strong>the Note purchased by it, such purchaser assumes responsibility for disclosing all materialinformation in compliance with all applicable federal and state securities laws in the event <strong>of</strong> itsresale or transfer <strong>of</strong> the Note.The above limitation shall not prohibit the Purchaser from selling or transferring up t<strong>of</strong>our (-I) participation interests in the Note to other national or state banks or similar institutionsprovided that the holders <strong>of</strong> such participation interests shall provide a document similar to theone set forth above satisfactory to the <strong>City</strong> and Special Counsel, and such holders shall have noright to sell or transfer their participation interests without prior approval <strong>of</strong> the <strong>City</strong> except tothe Purchaser.If the date for payment <strong>of</strong> the principal <strong>of</strong> and interest on the Note shall be a Saturday,Sunday, legal holiday or a day on which banking institutions in the <strong>City</strong> are authorized by law orexecutive order to close, then the date for such payment shall be the next succeeding day whichis not a SatLlrday, Sunday, legal holiday or a day on which such banking institutions areauthorized to close, and payment on such day shall have the same force and effect as if made onthe normal day <strong>of</strong> payment.ISECTION 11. (a) So long as the Note shall remain outstanding, the <strong>City</strong> shallmaintain with the Paying and Transfer Agent records for the registration and transfer <strong>of</strong> the Note.The Paying and i"ranster Agent is hereby appointed registrar for the Note, in which capacity thePaying and Transfer Agent shall register in such records and permit to be transferred thereon,under such reasonable regulations as may be prescribed, any Note entitled to registration ortransler.(b) The <strong>City</strong> shall payor reimburse the Paying and Transfer Agent for reasonable feesfor the perfi)rmance <strong>of</strong> the services normally rendered and the incurring <strong>of</strong> normal expensesreasonably and necessarily paid as are customarily paid to paying agents, transfer agents andnote registrars, subject to agreement between the <strong>City</strong> and the Paying and Transfer Agent. Feesand reimbursements for extraordinary services and expenses, so long as not occasioned by thenegligence, misconduct or willful default <strong>of</strong> the Paying and Transfer Agent, shall be made by the<strong>City</strong> on a case-by-case basis, subject, where not prevented by emergency or other exigentcircumstances, to the prior written approval <strong>of</strong> the Governing Body.(c) (1) A Paying and Transfer Agent may at any time resign and be discharged <strong>of</strong>ils duties and obligations as Paying and Transfer Agent, by giving at least sixty (60) days9I


~II~",52M~VoT£t~Q9~J~q~Y~~P~I~tt~~9JinR~IiQ!U? Age~f'!l~'m't~re1"by resolution <strong>of</strong> the Governing Body delivered to the Paying and Transfer Agent. Th~1resolution shall specify the date on which such removal shall take effect and the name'and address <strong>of</strong> the successor Paying and Transfer Agent and shall be transmitted to thePaying and Transfer Agent being removed within a reasonable time prior tn the effectivedate there<strong>of</strong>: provided, however, that lIO resignation or removal <strong>of</strong> a Paving and TransferAgent shall become effective until a successor Paying and Transfer Agent has beenappointed pursuant to this resolution.I(2) Upon receiving notice <strong>of</strong> the resignation <strong>of</strong> the Paying and Transfer Agent. Ithe <strong>City</strong> shall promptly appoint a successor Paying and Transfer Agent I" resolution <strong>of</strong>ithe Governing Body. Any appointment <strong>of</strong> a successor Paying and rransf~r Agent shall'become effective upon acceptance <strong>of</strong> appointment by the successor Paving and TransferAgent. If no Sllccessor Paying and Transfer Agent shall have been so appointed and haveaccepted appointment within thirty (30) days after the notice <strong>of</strong> resignation. the resigning'Paying and Transfer Agent may petition any court <strong>of</strong> competent jurisdiction for the'appointment <strong>of</strong> a successor Paying and Transfer Agent, which court Illay thereupon. aftersuch notice as it may deem appropriate, appoint a successor Paying and Transfer Agent.(3) In the event <strong>of</strong> a change <strong>of</strong> Paying and Transfer Agents. the predecessorPaying and Transfer Agent shall cease to be custodian <strong>of</strong> any funds held pursuant to this!resolution in connection with its role as such Paying and Transfer Agent. and the:successor Paying and Transfer Agent shall become such custodian: provided. however,.that before any such delivery is required to be made, all reasonable fees. advances and'expenses <strong>of</strong> the retiring or removed Paying and Transfer Agent shall be fullv paid. EYery'predecessor Paying and Transfer Agent shall deliver to its successor Pa\ing and TransferAgent all books <strong>of</strong> account, registration records and all other records. d()culllents andinstruments relating to its duties as such Paying and Transfer Agent.(4) Any successor Paying and Transfer Agent appointed under the pro\lslonshere<strong>of</strong> shall be a bank, trust company or national banking association ha\ing FederalDeposit Insurance Corporation insurance <strong>of</strong> its accounts, duly authorized to exercise:corporate trust powers and subject to examination by and in good stmlding with the:federal and/or state regulatory authorities under the jurisdiction <strong>of</strong>\,,!rich it I"lls. !:1(5) Every successor Paying and Transfer Agent appointed hereunder shall IIexecute, acknowledge and deliver to its predecessor Paying and Transfer Agent and to the.<strong>City</strong> an instrument in "Titing accepting such appointment hereunder. and thereupon suchsuccessor Paying and Transfer Agent, without any further act, shall become fully \estedwith all the rights, immunities and powers, and be subject to all the duties andobligations, <strong>of</strong> its predecessor.I(6) Should any transfer, assignment or instrument in writing be required hy anylsuccessor Paying and Transfer Agent from the <strong>City</strong> to more fully and certainlv vest in,such successor Paying and Transfer Agent the estates, rights, powers and duties herebylvested or intended to be vested in the predecessor Paying and Transfer Agent any suchI10I


I ~transfer, MlNUTrE BOQK:~Oiu<strong>63</strong>,nCI);M, air ~PR[lxecDli~~r\t"'ERIDIAN"02". .53(7) The <strong>City</strong> will provide any successor Paying and Transfer Agent with certifiedcopies <strong>of</strong> all resolutions, orders and other proceedings adopted by the Governing Bodyrelating to the Note.II(8) All duties and obligations imposed hereby on a Paying and Transfer Agent orsuccessor Paying and Transfer Agent shall terminate upon the accomplishment <strong>of</strong> allduties, obligations and responsibilities imposed by law or required to be performed bythis resolution.(d) A.ny corporation or aSSOCIallon into which a Paying and Transfer Agent may beconverted or merged, or with which it may be consolidated or to which it may sell or transfer itsassets as a whole or substantially as a whole, or any corporation or association resulting from anysuch conversion, sale, merger, consolidation or transfer to which it is a party, shall be andbecome successor Paying and Transfer Agent hereunder and vested with all the powers,discretions, immunities, privileges and all other matters as was its predecessor, without theexecution or tiling <strong>of</strong> any instrument or any further act, deed or conveyance on the part <strong>of</strong> eitherthe <strong>City</strong> or the successor Paying and Transfer Agent, anything herein to the contrarynotwithstanding, provided only that such successor Paying and Transfer Agent shall besatistactory to the <strong>City</strong> and eligible under the provisions <strong>of</strong> Section II(c)(4) here<strong>of</strong>.SECTION 12. In case the Note shall become mutilated or be stolen, destroyed or lost,the <strong>City</strong> shall, if not then prohibited by law, cause to be delivered a new Note <strong>of</strong> like date,number, maturity and tenor in exchange and substitution for and upon cancellation <strong>of</strong> suchmutilated Note, or in lieu <strong>of</strong> and in substitution for such Note stolen, destroyed or lost, upon theregistered holder's paying the reasonable expenses and charges <strong>of</strong> the <strong>City</strong> in connectiontherewith, and in case <strong>of</strong> a Note stolen, destroyed or lost, his filing with the <strong>City</strong> or Paying andTransfer Agent e\idence satisfactory to it or them that such Note was stolen, destroyed or lost,and <strong>of</strong> his ownership there<strong>of</strong>, and furnishing the <strong>City</strong> or Paying and Transfer Agent with suchsecurity or indemnity as may be required by law and by them to save each <strong>of</strong> them harmless fromall risks. hO\\evcr remote.SECTION 13. The Note shall be prepared and executed as soon as may be practicableafter the adoption <strong>of</strong> this resolution and shall be delivered thereafter to the Purchaser.SECTION 14. If (a) the <strong>City</strong> shall payor cause to be paid to the holder <strong>of</strong> the Note theprincipal <strong>of</strong>. and interest to become due thereon at the times and in the manner stipulated thereinand herein, (b) all reasonable fees and expenses <strong>of</strong> the Paying and Transfer Agent shall havebeen paid, and (c) the <strong>City</strong> shall have kept, performed and observed all and singular thecovenants and promises in the Note and in this resolution expressed as to be kept, perfornled andobserved by it or on its part, then the Note shall cease to be entitled to any lien, benefit orsecurity under this resolution and shall no longer be deemed to be outstanding hereunder.SECTION 15. The person in whose name the Note shall be registered in the records <strong>of</strong>the <strong>City</strong> kept and maintained by the Paying and Transfer Agent may be deemed the absolute11I


54holderMJ~TiJ}~sQ,I~J1Rrna~M9tIYccgIJ~~fgi~HLm ~f'mt6/HeC======CYNTo"'jt"Ce~s:':lh':ca:-rI'1 De-lnade only toOl' tlponthe order <strong>of</strong> the registered holder there<strong>of</strong>. or his legarepresentative, but such registration may be changed as herein provided. All slich payments shalbe valid and effectual to satisfy and discharge the liability upon the Note to the extent <strong>of</strong> the sunrns=so~d.'SECTION 16. (a) The <strong>City</strong> shall maintain with a qualified depository there<strong>of</strong> a fund (thl"Series 2012 Note Fund") in its name for the payment <strong>of</strong> the principal <strong>of</strong> and interest Oil the Noteand the payment <strong>of</strong> the Paying and Transfer Agent's fees in connection there\\ith. rhere shall bedeposited into the Series 2012 Note Fund as and when received:I(I) the avails <strong>of</strong> any <strong>of</strong> the ad valorem taxes levied and collected pursuant toSection 2 here<strong>of</strong>; ,Fund; and(2) any income received from investment <strong>of</strong> monies in the Series 20 I 2 Not~(3) any other funds available to the <strong>City</strong> which may be lawfully used fo~payment <strong>of</strong> the principal <strong>of</strong> and interest on the Note, and which the O(l\erning Body. it).its discretion, may direct to be deposited into the Series 2012 Note Fund.'(b) As long as any principal <strong>of</strong> and interest on the Note remains outstanding. the Clerk ishereby irrevocably authorized and directed to withdraw from the Series 2012 Note Fundsunicient monies to make the payments herein provided for and to transfer same to the account<strong>of</strong> the Paying and Transfer Agent in time to reach said Paying and Transfer Agent at least one ( I)!business day prior to the date on which said principal and interest shall become due.'IIISECTION 17. The pnnclpal proceeds receIved upon the sale <strong>of</strong> the Note shall hl'deposited with a qualified depositrny <strong>of</strong>the <strong>City</strong> in a special fund. hereby created. in the name o.the <strong>City</strong> designated the "Series 20 I 2 Note Refunding Fund" from which there shall be paid hy:the Clerk all expenses, premiums, fees and commissions incurred and deemed necessary 0advantageous in connection with the authorization, sale, issuance and deliven' <strong>of</strong> the Note. wit~;the remainder being used by the <strong>City</strong> for the payment <strong>of</strong> the principal <strong>of</strong> and interest on the Prio~1Note upon the redemption there<strong>of</strong>. I!I"SECTION 18. The <strong>City</strong> covenants to comply with each requirement <strong>of</strong> the Internal!Revenue Code <strong>of</strong> 1986, as amended (the "Code"). necessary to maintain the exclusion <strong>of</strong> intereston the Note from gross income for federal income tax purposes, and in furtherance there<strong>of</strong>. to,comply with a certificate <strong>of</strong> the <strong>City</strong> to be executed and delivered concurrently with the issuanceland delivery <strong>of</strong> the Note. or such other covenants as may. from time to time. be required to he~'complied with in order to maintain the exclusion <strong>of</strong> interest on the Note from gross income fo'federal income tax purposes. Notwithstanding any other provisions to the contrary. so long a~necessary in order to maintain the exclusion <strong>of</strong> interest on the Note from gross income fur federal,income iax purposes under the Code, the covenants contained in this Section shall sUI\'i"e th~payment <strong>of</strong> the Note and the interest thereon.ISECTION 19. The Governing Body hereby designates the Note as a "qu"lificd taxexempt obligation" for purposes <strong>of</strong> Section 265(b)(3) <strong>of</strong> the Code The <strong>City</strong> (including anv12I


II, ...55subordi natee y expec 0issue, taX exempt obligations within calendar year 2012 which, together with the Note, willexceed $10,000,000.ISECTION 20. Each member <strong>of</strong> the Governing Body, the Mayor and the Clerk arehereby authorized to execute such documents, instruments and papers, and do such acts andthings as may be necessary or advisable in connection with the authorization, sale, preparation,execution, issuance and delivery <strong>of</strong> the Note.SECTION 21. The decisions and determinations made by the Mayor and the Clerkrelating to the Note, and the actions taken by them in connection with the Note are herebyapproved and ratilied by the Governing Body.SECTION 22. Except as otherwise expressly provided herein, nothing in this resolution,express or implied, is intended or shall be construed to confer upon any person or firm orcorporation other than the <strong>City</strong>, the holder <strong>of</strong> the Note issued under the provisions <strong>of</strong> thisresolution, the Governing Body and the Paying and Transfer Agent, any right, remedy, or claim,legal or equitable, under and by reason <strong>of</strong> this resolution or any <strong>of</strong> the provisions here<strong>of</strong>. Thisresolution, and all <strong>of</strong> its provisions are intended to be and shall be for the sole and exclusivebendit e)f the <strong>City</strong>, the Governing Body and the holder from time to time <strong>of</strong> the Note issuedunder the provisions <strong>of</strong> this resolution.ISECTION 23. All covenants, stipulations, obligations and agreements <strong>of</strong> the <strong>City</strong>contained in this resolution, shall be binding upon the <strong>City</strong>, and, except as otherwise provided inthis resolution, all rights, powers and privileges conferred and duties and liabilities imposed uponthe <strong>City</strong> by the provisions <strong>of</strong> this resolution, shall be exercised or performed by the <strong>City</strong>. Nostipulation, obligation or agreement herein contained or any other document necessary toconclude the sale and issuance <strong>of</strong> the Note shall be deemed to be a stipulation, obligation oragreement <strong>of</strong> any <strong>of</strong>ticer, agent or employee <strong>of</strong> the <strong>City</strong>, including the Governing Body, in his orher individual capacity, and no such <strong>of</strong>ficer, agent or employee shall be personally liable on theNote or be subject to personal liability or accountability by reason <strong>of</strong> the sale and issuancethereol.SECTION 24. Regions Bank tS hereby appointed Paying and Transfer Agent 111connection with the Note.SECTION 25. If anyone or more <strong>of</strong> the provlStons <strong>of</strong> this resolution shall for anyreason be held to be illegal or invalid, snch illegality or invalidity shall not affect any <strong>of</strong> the otherprovisions <strong>of</strong> this resolution, but this resolution shaH be construed and enforced as if such illegalor invalid pmv'ision or provisions had not been contained herein .. .l.lderman Antonow seconded the motion to adopt the foregoing resolution,and the question being put to a roll call vote, the result was as follows:Aldennan Ney Williams voted:Alderman E.O. Oliver voted:Alderwoman Janice Antonow voted:AYEAYEAYE13I


561----Alderman Preston E. Taylor voted:Alderman Jason Bailey voted:Alderman John Morgan voted:AYEAYEAYEORODEMENT-MERIDIAN 61-226IThe motion having received the affirmative vote <strong>of</strong> a majority <strong>of</strong> the memhers <strong>of</strong> th~Governing Body present being a quorum <strong>of</strong> said Governing Body, the M8yor declared th~motion carried and the resolution adopted this 1St!, day <strong>of</strong> May, 2012.I10984242902914.2III14I


MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61·0226--I57IEXHIBIT APRIVATE PLACEMENT AGREEMENTII


58MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDeMeN,Me"''''",'''6PRIVATltl'LACFJVIEN IAGREEME'1\N:VT~~~=~====='iREGARDING THEI ,$211,000CITY OF OXFORD, MISSISSIPPIGENERAL OBLIGATION REFUNDING NOTE,SERIES 2012May ___ ,2012IMayor and Board <strong>of</strong> Aldermen<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi<strong>Oxford</strong>, MississippiLadies and Gentlemen:The undersigned, Regions Bank (the "Purchaser"), being duly authorized, (.ffers to enterinto this Private Placement Agreement (this "Agreement") with the <strong>City</strong> <strong>of</strong> Oxfc)rd, ~Iississippi'(the "<strong>City</strong>"), acting by and through the Mayor and Board <strong>of</strong> Alclerll1en <strong>of</strong> the Cit, (the"Governing Body"), which, upon acceptance <strong>of</strong> this <strong>of</strong>fer, will be binding upon the Citv an~upon the Purchaser. The <strong>of</strong>fer is made subject to the written acceptance <strong>of</strong> this Agreement on 01before 5:00 o'clock p_m_, Mississippi time, on the date here<strong>of</strong> and, if not so accepted, \\ill b'1subject to withdrawal by the Purchaser upon written notice delivered by the Purchaser to the <strong>City</strong>at any time prior to the acceptance here<strong>of</strong>1_ (a) Upon the terms and conditions and upon the hasis <strong>of</strong> therepresentations, warranties and agreements set forth herein, the Purchaser hereby agreesto purchase from the <strong>City</strong> and the <strong>City</strong> hereby agrees to sell and deliver to the Purchaserthe $211,000 <strong>City</strong> o. f <strong>Oxford</strong>, Mississippi General Obligation Note, Series 2012 (thl'"Series 2012 Note"), dated the date <strong>of</strong> its delivery, and payable on December J _ 2012 and ion December 1, 2013_ The Series 2012 Note is more particulmly descrihed in thresolution concerning the Series 2012 Note adopted by the Go,erning Hoch "n I\\a, 15,2012 (the "Resolution")_ The purchase price for the Series 2012 Note shall I'e equal to!100% <strong>of</strong> the principal amount there<strong>of</strong> (the "Purchase Price")_ The Seli':s 2012 Note shallbear interest at the rate <strong>of</strong> 1_55% per annum, computed on the basis <strong>of</strong> a 3(i0-day 'ear Ofltwelve (12) thirty (30) day months_I(b) All capitalized terms used and not defined herein sllall haw the meanings,ascribed to them in the Resolution_(c) The Series 2012 Note will constitute a general obligation <strong>of</strong> the <strong>City</strong>,secured by a pledge <strong>of</strong> the full faith, credit and resources <strong>of</strong> the <strong>City</strong>_ as provided in theResolution_,I


I~59lime (lhe "Act") and the Resolution.. (e) Interest on thefederal income tax purposesMississippi (the "State").Series 2012 Note is excludable from gross income forand exempt from all income taxation in the State <strong>of</strong>IThe <strong>City</strong> represents and warrants to, and agrees with the Purchaser that:(a) The <strong>City</strong> is a body politic and a political subdivision <strong>of</strong> the State with fulllegal right, power and authority to: (a) execute, deliver and perfonn this Agreement; (b)apprllve lhe issuance, sale and delivery <strong>of</strong> the Series 2012 Note to the Purchaser asprmided herein; and (c) carry out and consummate the transactions contemplated by thisAgreement.(h) The Governing Body, on behalf <strong>of</strong> the <strong>City</strong>, has full legal right, power andauthority to enter into or accept this Agreement, to adopt the Resolution, to sell, issue anddeli\er the Series 2012 Note to the Purchaser as provided herein and to carry out andconsummate all other transactions contemplated by this Agreement, the Series 2012 Noteand the Resolution.(c) By <strong>of</strong>ficial action <strong>of</strong> the Governing Body prior to or concurrently with theacceptance hereot: the Governing Body has duly adopted the Resolution, has dulyauthorized and approved the execution and delivery <strong>of</strong> or acceptance <strong>of</strong>, and theperformance by the <strong>City</strong> <strong>of</strong> the obligations <strong>of</strong> the <strong>City</strong> contained in the Resolution, theSeries 2012 Note and this Agreement and the consummation by it <strong>of</strong> all other transactionscontemplated by this Agreement.I(d) Neither the <strong>City</strong> nor the Governing Body is in breach <strong>of</strong> or default underany applicable law or administrative regulation <strong>of</strong> the State or the United States <strong>of</strong>America ur any applicable judgment or decree or any agreement or other instrument to\\hieh either the <strong>City</strong> or the Governing Body is a party or is otherwise subject, whichbreach ur default would in any way materially adversely affect the <strong>of</strong>ficial existence orpowers <strong>of</strong> the <strong>City</strong> or the Governing Body, the Resolution or the issuance <strong>of</strong> the Series2012 Note, and no event has occurred and is continuing, which with the passage <strong>of</strong> timeor the giving <strong>of</strong> notice, or both, would constitute such a breach <strong>of</strong> or default under anysuch instrument; and the execution and delivery <strong>of</strong> or acceptance <strong>of</strong> this Agreement andthe Series 2012 Note and the adoption <strong>of</strong> the Resolution and compliance with theprovisions <strong>of</strong> each there<strong>of</strong> will not contlict with or constitute a breach <strong>of</strong> or default underany law, administrative regulation, judgment, decree, agreement or other instrument towhich either the <strong>City</strong> or the Governing Body is a party or is otherwise subject.(e) No summons or complaint or any other notice or document has beenserved upon or delivered to the <strong>City</strong> or the Governing Body or any <strong>of</strong> their respectiveotlicers or employees relating to any litigation, and there is no action, suit, proceeding,inquiry or investigation, at law or in equity, before or by any court, public board or body,2I


~I60~tftMJI~o QAQ ~~gcfg~~th~l'{r gfa5~e~fnOOJ6hreJmID1!d"!!~~lr~The <strong>City</strong> or the Governing Body, affecting the existence <strong>of</strong> the Citv or the G()\erninBody, the titles <strong>of</strong> their <strong>of</strong>ficers to their respective <strong>of</strong>fices or seeking to prohibit. restrai -_or enjoin the sale, issnance or delivery <strong>of</strong> the Series 2012 Note or in any \\ay contestinor affecting the validity or enforceability <strong>of</strong> the Series 2012 Note, the Resolution or thisAgreement, contesting the tax exempt status <strong>of</strong> the Series 2012 Note or contesting in anyway the powers <strong>of</strong> the <strong>City</strong> or the Governing Body or any authoritv for the issuance <strong>of</strong>the Series 2012 Note, the adoption <strong>of</strong> the Resolution or the execution or acc~rtance <strong>of</strong>this Agreement, or the performance by the <strong>City</strong> and Gowrning Bodv thereunder, nor i~there any controversy or litigation pending or threatened, nor, to the best <strong>of</strong> thknowledge <strong>of</strong> the <strong>City</strong> and the Governing Body, is there any basis th~ref()r, \\ herein a',unfavorable decision, ruling or finding would materially adversely affect the validitv o~enforceability <strong>of</strong> the Series 2012 Note, the Resolution or this Agreement m the ta.exempt status <strong>of</strong> the Series 2012 Note. :(f) The proceeds received by the <strong>City</strong> from the sale <strong>of</strong> the Series 2012 Notewill be used and applied as is provided in the Resolution. :(g) The <strong>City</strong> shall maintain the exemption <strong>of</strong> the Series 2012 Note and interesjthereon from gross income for federal income tax purposes and from all income taxatiol.by the <strong>City</strong>. Notwithstanding any other provisions to the contrary, so lPlrg as is necessar ,in order to maintain such exemption <strong>of</strong> the Series 2012 Note and interest thereon frO! -said taxes, the covenants contained in this subsection shall sunive the payment <strong>of</strong> thSeries 2012 Note and the interest thereon, including any payment or defeasance there<strong>of</strong>. '3. At or prior to 9:00 o'clock a.m., Mississippi time, on May_ .2012 (the "ClosingDate"), at <strong>City</strong> Hall, in the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, or at such other place. time PI' date asshall be mutually agreed upon by the <strong>City</strong> and the Purchaser, the <strong>City</strong> will deliver the Serie~2012 Note to the Purchaser in definitive form, duly executed an.d authenticated as provided in th~Resolution, and, subject to the terms and conditions here<strong>of</strong>. the Purchaser \ViII accept sueldeli very and pay the Purchase Price <strong>of</strong> the Series 2012 Note as set forth in Paragraph I hereo f bjwire transfer <strong>of</strong> immediately available federal funds to the order <strong>of</strong> the <strong>City</strong> as directed hy th<strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> (the "<strong>City</strong> Clerk"); provided, however, that. notvvithslandillg any ntlre iprovision <strong>of</strong> this Agreement, the Purchaser shall have no obligation to purchase the Series 20 INote if the Closing Date is a date after July 31,2012. The Series 2012 Note will he delivered i~fully registered form in the amount <strong>of</strong> $211 ,000 and registered to the Purc haser. The Series 2012Note may be in printed, engraved, typewritten or photocopied form and each such form shall,constitute "definitive form." As provided in the Resolution, the Series 2012 Note shall b1payable both as to principal and interest to the Purchaser, in lawful money <strong>of</strong> the United States 0America by Regions Bank, as paying and transfer agent for the Series 2012 Note.I4. The Purchaser has entered into this Agreement in reliance upon th~representations, warranties and agreements <strong>of</strong> the <strong>City</strong> and the Governing Body contained herei~and in the Resolution and to be contained in the documents ane! instruments to be delivered onthe Closing Date and upon the performance by the <strong>City</strong> and the Governing l~odv <strong>of</strong> theirrespecti\ e obligations hereunder, both as <strong>of</strong> the date here<strong>of</strong> and as <strong>of</strong> the Closing Date.,A"""", gl •. ,h, p"" I.",', p b h g ,,',,'" ""d" ':" Ag,,,m,," '" P" "h"" "ml I". r p, "" S" i'1III


61or prior to the Closing Date, and shall also be subject to the following conditions:(a) The representations and waHanties <strong>of</strong> the <strong>City</strong> and the Governing Bodycontained herein and in the Resolution shall be true, complete and correct as <strong>of</strong> the datehere<strong>of</strong>, and on and as <strong>of</strong> the Closing Date with the same effect as if made on the ClosingDate.I(b) On the Closing Date, the Resolution shall be in full force and effect, andshall not have been amended, modified or supplemented, except as may have been agreedto in writing by the Purchaser.(c) On the Closing Date, all <strong>of</strong>ficial action <strong>of</strong> the <strong>City</strong> and the GoverningBod) relating to this Agreement, the Series 2012 Note and the Resolution shall be in fullforce and elfect and shall not have been amended, modified or supplemented, except asmay have been agreed to in writing by the Purchaser.(dl Subsequent to the date here<strong>of</strong> and prior to the Closing Date, the <strong>City</strong> shallnot have failed to pay principal or interest when due on any <strong>of</strong> the <strong>City</strong>'s obligations formoney borrowed wherein such failure, if any, would have a material adverse impact onits ability to perform in accordance with this Agreement, the Series 2012 Note or theResolution.(e) At or prior to the Closing Date, the Purchaser shall have recei ved each <strong>of</strong>the following documents:I(i) A copy <strong>of</strong> the Resolution certified as <strong>of</strong> the Closing Date by the<strong>City</strong> Clerk as having been duly adopted by the Governing Body and as being ineffec!' only with such amendments, modifications and supplements as may havebeen agreed to by the Purchaser;(ii) A certified copy <strong>of</strong> a transcript <strong>of</strong> all proceedings taken by theGoverning Body relating to the authorization and issuance <strong>of</strong> the Series 2012Note and the execution and delivery <strong>of</strong> this Agreement; and(iii) Such additional legal opinions, certificates, instruments and otherdocuments as the Purchaser may reasonably request to evidence the truth andaccuracy, as <strong>of</strong> the date here<strong>of</strong> and as <strong>of</strong> the Closing Date, <strong>of</strong> the representationsand vvarranties contained herein and in the Resolution, and the due performanceor satisfaction by the <strong>City</strong> and the Governing Body at or prior to the Closing Dateoj" all agreements then to be performed and all the conditions then to be satisfiedby the <strong>City</strong> and the Governing Body.All the opinions, letters, certificates, instruments and other documents mentioned aboveor else" here in this Agreement shall be deemed to be in compliance with the provisions here<strong>of</strong>but only if they are delivered to the Purchaser in form and substance reasonably satisfactory tothe Purchaser.4I


62WlW ~Pin~Qq~e~i~g ~o~t, YnIIXd qFth,q~F91;;tqlet9'M~sf~tA'lhe6--------------------- --- 1conditions to the obligations <strong>of</strong> the Purchaser contained in this Agreement (unless the Purchaser;waives andlor consents in ,'Titing, in either case, to the inability to satisfy such conditjons). or jf:such obligations <strong>of</strong> the Purchaser shall be terminated for any reason permitted In- thisAgreement this Agreement shall terminate and neither the Purchaser. nor the Cit\ and theGoverning Body shall be under further obligation hereunder.5. All expenses incident to the performance <strong>of</strong> the obligations <strong>of</strong> the <strong>City</strong> and the,Governing Body hereunder including but not limited to: (a) the cost <strong>of</strong> the preparation andprinting <strong>of</strong> the definitive Series 2012 Note; (b) the fees and disbursements <strong>of</strong> the experts.financial advisors, legal counsel or consultants retained by the <strong>City</strong>: and (e) the cost <strong>of</strong> thepreparation <strong>of</strong> this Agreement, shall be paid by the <strong>City</strong>.I6. The Series 2012 Note shall be purchased by the Purchaser for purposes 011investment only and not with any intent to <strong>of</strong>Ter, sell, resell or otherwise distribute the Series2012 Note or any portion there<strong>of</strong> or interest therein; provided, however. that the Series 2012·Note may be transferred upon compliance by the Purchaser with the terms and provisions <strong>of</strong> thelResolution (collectively, the "Purchaser's Investment Obligation").I7. Prior to or on the Closing Date, the Purchaser shall execute and deliver anInvestment Letter <strong>of</strong> Purchaser (the "Investment Letter"). requiring. anHlng other things.compliance with the Purchaser's Investment Obligation arising from the I'urclwser's purchase <strong>of</strong>:the Series 2012 Note. A copy <strong>of</strong> the Investment Letter is attached hereto as E~hihit A If the!Purchaser fails to execute and deliver the Investment Letter satisfactory to the <strong>City</strong> prj,,!" to or onthe Closing Date, the <strong>City</strong> may rescind this Agreement by giving written notice <strong>of</strong> suchrescission to the Purchaser at the address provided in Paragraph 9 herein.8. The Purchaser may terminate its obligations hereunder by writt"n notice to the:Governing Body if, at any time subsequent to the date here<strong>of</strong> and on or prior to the Closing Date: II(a) In the judgment <strong>of</strong> the Purchaser, any litigation shall be instituted pending!or threatened to restrain or enjoin the issuance <strong>of</strong> the Series 2012 Note or in anv way!contesting or affecting any authority or security for or the validity <strong>of</strong> the Series 2012 INote, or the existence or powers <strong>of</strong> the Governing Body;(b) There shall have occurred any change that, in the reas(lnable judgment 0 I'the Purchaser, makes unreasonable or unreliable allY <strong>of</strong> the assumptions upon which (il'payment <strong>of</strong> debt service on the Series 2012 Note, or (ii) the basis for the exclusion <strong>of</strong>interest on the Series 2012 Note from gross income for federal income tax purposes. is'predicated;(c) There shall have occurred any material change in tlte business or affairs 0 :the <strong>City</strong> which, in the reasonable judgment <strong>of</strong> the Purchaser. material Iv adwrseh' affects',the investment quality <strong>of</strong> the Series 2012 Note;(d) Any legislation, ordinance, rule or regulation shall t·e enacted or belactively considered for enactment by any governmental body. department or agency <strong>of</strong>the <strong>City</strong>, or a decision by any court <strong>of</strong> competent jurisdiction within the Citv shall be5I


endere~NUTrEhBQGKINciM<strong>63</strong>~tGlT~r£lFer,QXiiQfU)adv~~~ERIDIAN6'0226" , , .,o .,(e) A stop order, ruling, regulation or <strong>of</strong>ficial statement by or on behalf <strong>of</strong> theOffice <strong>of</strong> Secretary <strong>of</strong> <strong>City</strong> <strong>of</strong> the <strong>City</strong> shall be issued or made to the effect that theiSSUance <strong>of</strong> the Series 2012 Note, or <strong>of</strong> obligations <strong>of</strong> the general character <strong>of</strong> the Series2012 Note as contemplated hereby, is a violation <strong>of</strong> any provisions <strong>of</strong> the Blue Sky lawsolthe <strong>City</strong>; or<strong>63</strong>I(I) There shall have occurred any outbreak or material escalation <strong>of</strong> hostilitiesor other calamity or crisis, the effect <strong>of</strong> which on the financial markets <strong>of</strong> the UnitedStales <strong>of</strong> America is such as to make it, in the reasonable opinion <strong>of</strong> the Purchaser,impractical to purchase the Series 2012 "Iote.9. Any notice or other communication to be given to the <strong>City</strong> and the GoverningBody under this Agreement may be given by delivering the same in writing at the <strong>City</strong>'s addressset forth above and any notice or other communication to be given to the Purchaser under thisAgreement may be given by delivering the same in writing to Regions Bank, 158 CourthouseSquare, Oxfr>rd, Mississippi 38655.10. This Agreement is made solely for the benefit <strong>of</strong> the <strong>City</strong> and the Purchaser(including the successors or assigns <strong>of</strong> the Purchaser), and no other person shall acquire or haveany right hereunder or by virtue here<strong>of</strong>. All the representations, warranties and agreements <strong>of</strong>the <strong>City</strong> and the Purchaser contained in this Agreement shall remain operative and in full forceand effect, regardless <strong>of</strong> (a) any investigation made by or on behalf <strong>of</strong> the Purchaser and the <strong>City</strong>;(b) delivery <strong>of</strong> any payment for the Series 2012 Note hereunder; and (c) any termination <strong>of</strong> thisAgreeme.ll.III. If any provision <strong>of</strong> this Agreement shall for any reason be held to be invalid orunenforceable, the invalidity or unenforceability <strong>of</strong> such provision shall not affect any <strong>of</strong> theremaining provisions <strong>of</strong> this Agreement and this Agreement shall be construed and in force as ifsuch invalid or unenforceable provision had not been contained herein.12. This Agreement shall be governed by, and construed in accordance with, the laws<strong>of</strong> the <strong>City</strong>. This Agreement shall become effective upon the execution <strong>of</strong> the acceptance here<strong>of</strong>by duly authorized <strong>of</strong>ficers <strong>of</strong> the <strong>City</strong> and shall be valid and enforceable as <strong>of</strong> the time <strong>of</strong> suchacceptance.]3. This Agreement may be executed in several counterparts, each <strong>of</strong> which shall bedeemed an original and all <strong>of</strong> which together shall constitute one and the same instrument.H. This Agreement, when accepted by the <strong>City</strong> in writing as heret<strong>of</strong>ore specified,shall constitute the entire agreement among the parties hereto with respect to the <strong>of</strong>fer and sale <strong>of</strong>I the Series 2012 Note and the transactions related thereto, as set forth herein.If you agree with the foregoing, please sign this Private Placement Agreement in thespace provided below and return one copy so executed to each <strong>of</strong> the Purchaser and the <strong>City</strong>,6I


64wherebMt~I~ ~gQ~~~e§~h~~~TYbegfe Q~B~Qe1l1eI1JM!N'l_JgNlbl!'Purchaser and the <strong>City</strong>. ------ - .. -IVery truly yours. !REGIONS BANKBy~~~~ ___ _TitleIACCEPTED:This day <strong>of</strong> May. 2012.CITY OF OXFORD, MISSISSIPPIBy _~~~~~~~~~_MayorI0990!529029148I7I


65MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226INVESTMENT LETTER OF PURCHASERThe undersigned, Regions Bank (the "Purchaser"), hereby certifies and acknowledgesthat in connection with the purchase by it <strong>of</strong> the $211,000 <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi GeneralObligation Note, Series 2012 (the "Series 2012 Note") that:II. The Purchaser has received a copy <strong>of</strong> the resolution adopted by the Mayor andBoard <strong>of</strong> Aldermen (the "Governing Body") <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi (the "<strong>City</strong>") onMay 15,2012, related to the sale, issuance, execution and delivery <strong>of</strong> the Series 2012 Note (the"Resolution"), and the Resolution is in form and substance satisfactory to the Purchaser and hasbeen read and fully nnderstood by it.7 The Purchaser has conducted its own investigations, to the extent it deemssatisfactory or sufficient, into matters relating to the business, properties, management, andfinancial position and results <strong>of</strong> operations <strong>of</strong> the <strong>City</strong> in connection with the issuance by the<strong>City</strong> orthe Series 2012 Note; it has received such information concerning the <strong>City</strong> as it deems tobe necessary in connection with its purchase <strong>of</strong> the Series 2012 Note and the payment <strong>of</strong> theSeries 2012 Note by the <strong>City</strong>; and during the course <strong>of</strong> this transaction and prior to the purchase<strong>of</strong> the Series 2012 Note it has been provided with the opportunity to ask questions <strong>of</strong> and receiveanswers tj'OI11 representatives <strong>of</strong> the <strong>City</strong> and the Governing Body concerning the terms andconditions <strong>of</strong> the <strong>of</strong>fering <strong>of</strong> the Series 2012 Note, and to obtain any additional informationneeded in order to verify the accuracy <strong>of</strong>the information obtained.3. The Purchaser has suftlcient knowledge and experience in financial and businessmatters, including purchase and ownership <strong>of</strong> taxable and tax exempt municipal and otherobligations, 10 be able to evaluate the risks and merits <strong>of</strong> the investment represented by thepurchase <strong>of</strong> Ihe Series 2012 Note.I-I. The Purchaser is aware that certain economic and political variables could affectIhe security <strong>of</strong> ils investment in the Series 2012 Note and the Purchaser is able to bear theeconolllic risks <strong>of</strong> such investment.5. The Purchaser acknowledges and represents that it has not sought from Baker,Donelson, Bearman, Caldwell & Berkowitz, PC ("Special Counsel") or received from SpecialCounsel, or looked or relied upon Special Counsel for any information with respect to the <strong>City</strong> orits financial condition.6. The Purchaser is a "bank" as defined in Section 3(a)(2) <strong>of</strong> the Securities Act <strong>of</strong>1933, as amended ("Section 3(a)(2)").7. Except as provided in paragraph 9 here<strong>of</strong>: the Purchaser hereby certifies that it ispurchasing the Series 2012 Note for its own account for the purpose <strong>of</strong> investment and not forresale al a pr<strong>of</strong>it, and it has no present intention <strong>of</strong> reselling or otherwise redistributing the Series]012 Note. The Purchaser and all subsequent holders <strong>of</strong> the Series 2012 Note will not sell theA-II


~,66Series MlNYtrlic~tglQ~h~~aJi~~. 5tJIYin9fctjQ~~HJIRo \\ill'~te6-1m1Investment Letter m form and substance IdentIcal to thIs Investment Letter and acceptable to thd;<strong>City</strong> that certifies that it is purchasing the Series 2012 Note for its own account and not foriresale, and will not sell, convey, pledge or otherwise transfer the Series 2012 Note without prio~compliance with applicable registration and disclosure requirements <strong>of</strong> state and federalsecurities laws.8. The Purchaser acknowledges that it has, under the Resolution. a limited right to,sell or transfer up to four (4) participation interests in the Series 2012 Note to banks (as definedlin Section 3(a)(2)) provided that the holders <strong>of</strong> such participation interests shall pro,"ide anIm"estment Letter similar to the one set forth above satisfactory to the Gm"erning Hodv and sllchholders shall have no right to sell or transfer their participation interests without prio)" appn)\al 0the Governing Body except to the Purchaser.IIN WITNESS WHEREOF, Regions Bank has hereunto set its hand as <strong>of</strong> this<strong>of</strong> May. 2012.ria,REGIONS BANKByTitleIA-2I


967MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT MERIDIAN 61 0226REDISTRICTINGCOMMITTEE:The redistricting committee will meet next week.,I2 12 Redistricting Committeeo ~Ia ChaneyMayor PattersonC ~. ShorterNey WilliamsJ( hnathon Walker E.O. OliverB ckett Howorth IIIJanice AntonowN ncy JoyCoach HowellE hue BurtPreston TaylorB I TurnerJason BaileyOrlene Washington John Morgan!496 Exbury Drive 801·2745508 Ridgewood Manor 234-4765Windsor ~alls 832·6000921 Hayes Ave 234·3848701·7018816·9693III2012 MML CONVENTION:It was moved by Alderman Williams, seconded byAlderman Howell to authorize any department headand Mayor and Board <strong>of</strong> Alderman to attend the2012 MML Convention in Biloxi, MS on June 24-28,2012. All the aldermen present votmg aye,Mayor Patterson declared the motion carried.ItvlS MI INICIPAL LEAGUEVOTING DELEGATES:It was moved by Alderman Morgan, seconded byAlderman Antonow to adopt the followingresolution appointed MS Municipal League 2012voting delegates. All the aldermen present votingaye, Mayor Patterson declared the motion carried.I


68II-~,MINUTE BOOK N9E~~lty OF OXFORDDEMENT.MERIDIAN 61·226RESOLUTION APPOINTINGMISSISSIPPI MUNICIPAL LEAGUE2012 VOTING DELEGATESFOR THE CITY OF OXFORDWHEREAS, the Mississippi Municipal League amended the bylaws <strong>of</strong> the association toprovide for a ballot election, to be conducted by the <strong>of</strong>ficers <strong>of</strong> the Mississippi r-,lunicipal Clerk$,and Collectors Association, to be held each year at the .. summer com'ention. to elect a second \'iC111president and to vote on any proposed bylaw changes: andI\VHEREAS, the amended bylaws require the governing authority lward (;\ Ider11lan. <strong>City</strong>Council, <strong>City</strong> Commission) to designate in its minutes the voting delegate and tm) alternates to:cast the vote for each member municipality,IINOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN O~I,THE CITY OF OXFORDIn accordance with the bylaws <strong>of</strong> the Mississippi Municipal League. the \'otingdelegate(s) for the 2012 Mississippi Municipal League election to be held at the annualconvention on June 26-June 28, 2012 are as follows:,iIVoting Delegate: Preston Taylor, AldermanFirst Alternate:Jason Bailey, AldermanSecond Alternate: John Morgan, Alderman,~'" jTh" P" b b, i,k,,,' ",d i


.,69AldermaMINUTEABOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226Alderman Howell:Alderman Taylor:A.lderman Bailey:Alderman fvlorgan:AYEAYEAYEAYEIThe above and foregoing Resolution having been submitted to and approved by the1\la)ol", this the 15 th day <strong>of</strong> May, 2012.ATTEST:APPROVED:CITY CLERKMAYORII


70 10MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61·226RESERVE OFFICERS:DARE OFFICER TRAINING:SRO CONFERENCE:INTERNS:DUI GRANT:OCCUPANT PROTECTIONGRANT:URBAN YOUTH CORPSPROGRAM:EMPLOYMENT:EXECUTIVE SESSION:It was moved by Alderman Antonow. seconded bvAlderman Bailey to approve Shawn Parrish andBrock Satterwhite as reserve ot1icers. All thealdermen present voting aye. Mayor Pattersondeclared the motion carried.It was moved by Alderman Howell. seconded twAlderman Williams to approve travel for an <strong>of</strong>ficerto attend DARE <strong>of</strong>ficer summer training in Paris.TN on July 9-13. 2012 with a cost 0("$612.04 Allthe aldermen present voting aye. MR\(l!" Pattersondeclared the motion carried.It was moved by Alderman AntoJl()\\. sCC(1nded b,Alderman Taylor to authorize apprmallilr t'\oSRO otTtcers to attend SRO Conference ill Biloxi.MS on June 17-22,2012 with a cost <strong>of</strong>$'195 00.All the aldermen present voting aye. ]\ JayorPatterson declared the motion carried.It was moved by Alderman Bailey. seconded byAlderman Howell to approve Emily Bennett.Quenshia Brooks, Danielle Ilollings\\orth. RobertO'Dell, and John Branam as interns \\ith the 01'0.All the aldermen present voting aye. "'JavorPatterson declared the Illotion carried.It was moved by Alderman Morgan. seconded byAlderman Taylor to authorize permission to app'"for alcohol/drug countermeasures grant. ;\11 thealdermen present voting aye. Mayor Pntters('ndeclared the Illotion carried.It was moved by Alderman Antono\\. seconded byAlderman IIowell to authorize permission t(1 3ppl,'for occupant protection grant. All the aldermenpresent voting aye, Mayor Patterson declmed themotion carried.It was moved by Alderman IIowell. seconded lJ\"Alderman Antonow to authorize employment <strong>of</strong>two project coordinators and student employees iinthe Urban Youth Corps Program. All the aldermenpresent voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Morgan. seconded byAlderman Bailey to authorize empllHlnent (If CilllhWhite as executive assistant in the ['I",ming andBuilding Departments. All the aldermen presentvoting aye, Mayor Patterson declarecl the motioncarried.It was moved by Alderman Antonn\\. seconded byAlderman Williams to consider executive sessionfor one personnel issues. All the aldermen presentvoting aye, Mayor Patterson declared the tIlotioncarried.III


II71MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226It was moved by Alderman Morgan, seconded byAlderman Antonow to go into executive session.All the aldermen present voting aye, MayorPatterson declared the motion carried.IREGULAR SESSION:RECESS:It was moved by Alderman Howell, seconded byAlderman Morgan to come out <strong>of</strong> executive sessionand return to regular session. All the aldernlenpresent voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Bailey, seconded byAlderman Taylor to recess the meeting untilThursday, May 18,2012 at 8:30 a.m. at the <strong>Oxford</strong>Electric Department. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried ..QO"T ,ll. QUI ;«11G~orge. Pallerson, MayorII


72STA TE OF MISSISSIPPIDEMENT-MERIDIAN 61·226---ICOUNTY OF LAFA YETTECITY OF OXFORDRECESSED MEETINGCALL TO ORDER:May 17,2012X:30 a.m.Pursuant to the order <strong>of</strong> May IS, 2012 the Mayor andBoard <strong>of</strong> Aldermen did meet at 8:30 a.lll. on Thursdav.May 17,2012 in the conference rOOIll <strong>of</strong> the ()xfordElectric Department when and where the i(lilowing werepresent:George "Pat" Patterson - MayorNey Williams- Alderman Ward IUlyssess llowell- Alderman Ward IVPreston Taylor - Alderman Ward VJason Bailey- Alderman Ward VIJohn Morgan- Alderman At LargeIAGENDA:EXECUTIVE SESSION:REGULAR SESSION:ELECTRIC DEPARTMENTBUDGET:Bart Robinson-Chief Operations ()tlicerLisa Carwyle- <strong>City</strong> ClerkAI Hope - Director <strong>of</strong> Human ResourcesLynn Robbins- Supt. <strong>of</strong> Elec. Dept.Rob Neely- Asst. Supt. <strong>of</strong> Elec. Dept.It was moved by AldermanlIo\\elL seconded by AldermanWilliams to adopt the agenda for the meeting. All thealdermen voting aye, Mayor Patterson declared tbe Illotioncarried.iIt was moved bv Alderman I lowell. seconded bv AldernlallBailey to consider cxecutive session for a personnel Issue. iAll the aldermen present voting aye. I\-Iayor Patterson ,declared the motion carried.It was moved by Alderman Morgan. seconded by'Alderman Taylor to go into executiv'e session. All thealdermen present voting aye, Mayor Patterson dec lared themotion carried.It was moved by Alderman Williams. seconded b\Alderman Morgan to come out <strong>of</strong> executive session andreturn to regular session. All the aldermen present votingaye, Mayor Patterson declared the motion carried.Lynn Robbins and Rob Neely presented the <strong>Oxford</strong> ElectritDepartment budget for 2012-2013 to the Mayor and Board'<strong>of</strong> Aldermen .II.... 1'


· OXFORD ELECTRICCITY73442m4~4 15865a7!lBo:)!j;;901802,,03;;04;,Ub808910812$9,372,873$556,700$201,678$151,032$148,981$83,971$56$18,299,085 !~11?,~88 1$26.673 I-~7.216 I~162~~g~ :$85,417 '$12,291 .$39,753 .-$7,046 .$6,000 :$61,483 .~1~5.i42 .$89,459 '$1-3,179 :(~! 17)$~~,~79~4,677P2,738~?5~,~40F4,080$?5,OgO$28,414$184,432-~~~,89i I,¥9~~~, 1 04$31,457~~~5,326~13,314$20,262~~1}94 .F,1~g$1~,968$0~8~~,994$815,880iS2,5uu)(~5[jq) i$0 I(~ 1O,{JOO)$0~§7 ,886~14?728$~~,g~3¥~~.826$2,088,669$24,164,887~1?,?9~,Q~~H1~,~?§ i$1,651.9741--I400442-0000400444-0000400444-1000400450-0000400451-0000400454-0000400456·0000401555-0000401580-0000401582-0000401583-0000401584-0000401565-0000401586-0000401587-0000401588·0000401589-0000401901_0000401902-0000401903-0000401904-0000401908-0000401909-0000401910-0000401912-0000401916-0000401920-0000401921-0000401923-0000401925-0000401926-0000401930-1000401931-0000402590·0000402592-0000402593-0000402594-0000402595-0000402590-0000402597 -0000402598-0000402932-0000403300-0000408901}-9970415000-0000416001}-00004171000-000419000-0000421000-0000426000-0000427000-0000428000-0000431000-0000LARGE LlGH!~P


74IIMINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61·226, orking Capital based on Balanced BudgetE ding Year Balance (Capital Income -Exp.)P nt Additions include all capital expendurituresEst Budget$3<strong>63</strong>$2,629,900OXFORD ELECTRIC DEPARTMENTCapital Expenditures, 2013 Budgetseri tionneral Growth - PlantDistributions System ImprovementsSignal System UpgradesSpecial OH to UD RelocationsSpecial ROW Tree ReplantingFiber InfrastructureAMR InfrastuctureElectric Car Charging Stationansportationonstruction EquipmentTools, Safety EquipRebuild <strong>of</strong> Line truckROW/BackYard machineaterial Transport UnitIAmount I Notes:$400,000.00 Based on previous years and current condition~ (Includes all ~ormal cons$715,000.00 11th Street Improvements ($650,000):System ["otection ($6~,000):$125,000.00 Changes and Improvements to Traffic Signals$450,000.00 To replace OH to UD on trouble line sections$20,000.00$135,000.00$320,000.00$9,500.00To replace and replant trees on cleared ROW with low growth varietiesFiber Optic Installation for SCADA & AMRMeters, etc for AMR installationsCharging Station at <strong>City</strong> Hall$25,000.00 Truck 112 - 1994 Ford F150 (110,000 miles)$25,000.00 Truck 121 -1992 Ford F150 (120,000 mile,)$25,000.00 Truck 114 1993 Ford F150$7,500.00 Misc Tools and Safety Equipment$45,000.00$135,000.00$9,000.00 Warehouse material transportffice EquipmentCabinets, Shelving, etcComputer/printer replacementsDesks, Chairs replacementuilding Maintenanceecurity Improvements (Fences and Cameras), arehouse Building Improvements$1,500.00 Misc Storage equipment$24,000.00 Normal Upgrades and Replacements$5,400.00 Normal Replacements, Upgrades$32,500.00 Building Maintenance and Renovations$55,000.00 Fence and Cameras for added security$75,000.00 Add Storm Drains and Extend BuildingIillmmrrii#iiW&iSJ bit.! lddI'APPA Annual Meeting: TVPPA Annual MeetingLineman TrainingTVPPA Engineering ConferenceTVPPA Accounting, Information ConferencCSA TrainingPers Benefit ConferenceCSA Annual MeetingMisc TravelTVPPA Committee MeetingsCPE TrainingIi i ii".Mii!se;~~liI9mtWm§~m;mc7iJtieti in -axpense shown on previous worksheet$1,500$1,650$2,500$1,325$1,450$3,250$150$1,270$4,250$500$6,500Total Training$24,345I


75.-'..DJOURNMINUTE BO(j)Kt~B3J\m];¥ £)ftIOXJr;QRP,JdeJmi;nERloIAN61~226'. •• --==-;],present voting aye, Mayor Patterson declared the motioncarried.I_.._-----_.. ----George G. Patterson, Mayor~/Lisa Carwyle, <strong>City</strong> ClerkII


76DEMENT-MERIDIAN 61-226IOF THE MAYOR AND BOARD OF ALDERMENOF THE CITY OF OXFORDPursuant to Section 21-3-21, Mississippi Code <strong>of</strong> 1972 Annotated. 1. George G.Patterson, Mayor <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>. Mississippi, do hereby call the Mavor and Hoard<strong>of</strong> Aldermen <strong>of</strong> <strong>Oxford</strong>, MS, to a SPECIAL MEETING to be held onIThursdav, Mav 31, 2012 AT 11:30 A.M. for the transaction <strong>of</strong> important business. Themeeting will be held in the court room <strong>of</strong> <strong>City</strong> Hall. The business to be acted upon at theSpecial Meeting in consideration <strong>of</strong> the following:1. Approve minutes from May 15, 2012 regular meeting.2. Approve second year <strong>of</strong> Volunteer <strong>Oxford</strong> Grant. (Kelly Shannon)3. Discuss management <strong>of</strong> downtown parking.4. Accept resignation <strong>of</strong> administrative assistant in the i\fay()r's <strong>of</strong>ficeand authorize temporary part time employee.5. Consider executive session.6. Discuss upgrades at <strong>Oxford</strong> Conference Center. (Hollis Green)This the 30th day <strong>of</strong> May 2012.f':w.% t-~\.~, .• _, __ ._GEOR~E G. PATTERSON. MA YORL <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, or a Deputy Clerk. do herel"certify that I have notified Alderman Ney Williams <strong>of</strong> the foreg()ing meeting"" C¥\J'I'l"s",,, Lj.


MINUTE BO~Kx~r~· ~~I'SS;:~: a~~u~~I~?~~ereb~MENTM~6'celtlly tilat I have notitied Alderman Ulysse Howell <strong>of</strong> the foregoing meeting IIlln-_'4~\i~ __ at "1,,=-:; a.m./;77II, <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, or a Deputy Clerk, do herebycenify ,th~t. I .l"av e notifie~ A~erman p~) ~:Ylor <strong>of</strong> the foregoing meetingon __'l:14~ati .,7/ a.~~Z;; at J k nJ)


78MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61·226-------,CALL TO ORDER:Pursuant to the notice <strong>of</strong> Special rVleeting. theMayor and Board <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong> <strong>of</strong><strong>Oxford</strong> did meet at 11 :30 a.m. on Thursda\. IITav31. 2012 in the court room <strong>of</strong> <strong>City</strong> Hall when andwhere the following were present:George O. Patterson- MayorN ey Williams- Alderman Ward IJanice Antonow- Alderman Ward IIIUlyssess Howell-Alderman Ward IVPreston Taylor- Alderman Ward VJason Bailey- Alderman Ward VI.101m Morgan- Alderman At-LargeILisa Camyle - <strong>City</strong> ClerkBart Robinson- Chief Operations OllieerTim Akers- Director <strong>of</strong> PlanningAGENDA:tvIlNUTES:EXECUTIVE SESSION:APPRAISAL:REGULAR SESSION:VOLUNTEER OXfORDGRANT:It was moved by Alderman Taylor. sE'conded h\Alderman Antonow to adopt the agenda I(lr themeeting. All the aldermen present \'oting ave.Mayor Patterson declared the motion carried.It was moved hy Alderman Williams. sec(lJIded byAlderman Howell to approve the mi nutes from theMay 15.2012 regular meeting. All the aldermenpresent voting aye. Mayor Patterson declared themotion carried.It was moved by Alderman Morgan. seconded bv'Alderman Antonow to consider executive seS5i(1nfor a possible acquisition <strong>of</strong> property. ,\11 thealdermen present voting aye, Mayor Pattersondeclared the motion carried.It was moved bv Alderman Williams. seCl1nded b\Alderman Antonow to go into executive sessinn.All the aldermen present voting aye. IIla\ (l!"Patterson declared the motion carried.It was moved by Alderman Morgan. seconded hvAlderman Antonow to authorize appraisal <strong>of</strong>property. All the aldermen present voting aye.Mayor Patterson declared the motion carried.It was moved hy Alderman I lowell. seconded by'Alderman Bailey to come out <strong>of</strong> executive sessionand return to regular session. All the aldermenpresent voting aye, Mayor Patterson declared themotion carried.It was moved hy Alderman Williams. sewllded byAlderman Taylor to approve the application <strong>of</strong> theVolunteer <strong>Oxford</strong> grant to the MS Commission forVolunteer Services and to agree to $3.500.00 inmatching funds. All the aldermen present votingaye, Mayor Patterson declared the Illot;on carried .II.... '


RESIGNAIMINUTE BOO~tNDm~ ~l1i¥rrO~QX,FsgaD by DEMENTME"",AN"""reslgna IOn 0Megan Prescott in the Mayor's <strong>of</strong>fice and authorizeadvertisement for a replacement. All the aldermenpresent voting aye, Mayor Patterson declared themotion carried.79;1IEMPLOYMENT:It was moved by Alderman Morgan, seconded byAlderman Howell to authorize Cole Walters towork temporarily part time in the Mayor's <strong>of</strong>fice forthe month <strong>of</strong> June at a rate <strong>of</strong> $12.00 per hour. Allthe aldermen present voting aye, Mayor Pattersondeclared the motion carried.Oo\VNfOWN PARKING:Members from the Parking Commission werepresent at the meeting and they discussed themanaged parking proposal with the Mayor andBoard <strong>of</strong> Aldermen.Counsel is reviewing the contract with StandardParking and it will be on the June 5, 2012 agenda.IOXFORD CONFERENCECENTER UPGRADES:Hollis Green came before the Mayor and Board <strong>of</strong>Aldermen to present a plan for facility upgrades atthe Conference Center. The plan is divided intophases, according to importance. The Mayoradvised Mr. Green to bring the requested amountbefore the board during budget sessions.I


u80•Banquet HMmiUTE BOOK No. <strong>63</strong>, C;~Ic¥oQF OXFORDPhase One LL2~l>'t:l'Lobby carpetLobby TileStainless Waste Recpticals (6)Lobby Paint & TrimLarge Format ArtworkDEMENT-MERIDIAN 61-226- -11I ,Furniture, Lamps ,Tables & Floral Arrangement,Conference Room Window TreatmentsCorridor Art WorkDemo Existing FinishesTotal Phase OnePhase Two(<strong>Oxford</strong> Hall)Broadloom Hospitality CarpetWood Trim WainscotPaintTotal Phase Two$97,821.00$1,000.00$3,500.00$102,321.00Total Phase OneTotal Phase TwoTotal Phase ThreeTotal Phase FourTotal Project Cost$170,700.00$102,321.00 •$93,400.00$37,445.00$403,866.00IPhase Three (Bathrooms)VanityTilePaintAccessoriesLabor-Plumbing, Millwork, Trim & PermitsDemo Existing BathroomsMirrorsTotal phase ThreePhase Four (Auditorium)Install Carpet TilesAcoustical PannelsPaintTotal phase Four$15,200.00$30,800.00$2,600.00$1,800.00$22,000.00$20,000.00$1,000.00$93,400.00$15,445.00$20,000.00$2,000.00$37,445.00II


ADJOURNMINUTE BOO~tNOlni3i t£11i¥nQ~cOX&Q8.oby DEME",ME",D"N61~226All the aldermen present voting aye, MayorPatterson declared the motion carried.81IGeorge G. Patterson, MayorL~II


82IMINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61·226UNITED STATI,S OF AMERICASTATE 01 i\IISSISSIPPICOUNTY lie LAFA Yl::TTECITY OF OXFORDIRHiUL\R [',IEETINGJune 5, 20126:00 p.m.CALL [() ORDER:The meeting <strong>of</strong> the Mayor and Board <strong>of</strong> Aldermen<strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, was called toorder by Mayor Patterson at 6:00 p.m. on Tuesday,June S, 2012, in the court room <strong>of</strong> <strong>City</strong> Hall whenand where the following were present:George G. Patterson - MayorNey Williams- Alderman Ward IE.O. Oliver- Alderman Ward IIJanice Antonow- Alderman Ward IIIUlysses Howell- Alderman Ward IVPreston Taylor- Alderman Ward VJason Bailey- Alderman Ward VIJohn Morgan - Alderman at LargeMayo Mallette PLLC - Of CounselReanna Mayoral- Ass!. Director <strong>of</strong> Public WorksLisa Carwyle- <strong>City</strong> ClerkTim Akers - Dir <strong>of</strong> PlanningMike Martin- Chief <strong>Oxford</strong> Police DeptMike Hill- Chief <strong>of</strong>Fire DeptLynn Robbins - Sup!. <strong>of</strong> Elec DeptRandy Russell- Dir. <strong>of</strong> SanitationBrad Freeman- Dir <strong>of</strong> FNC ParkAIllope- Dir <strong>of</strong> Human ResourcesRob Boyd- Dir <strong>of</strong> Parks & RecBilly Lamb- Supt <strong>of</strong> Building & GroundsJimmy Allgood- Director <strong>of</strong> Emerg. ManagementI\GENJ)\:\llNUTES-".CCOUNTSIt was moved by Alderman Howell, seconded byAlderman Antonow to adopt the agenda for themeeting. All the aldermen present voting aye,Mayor Patterson declared the motion carried.It was moved by Alderman Antonow, seconded byAlderman Howell to adopt the minutes <strong>of</strong> thespecial meeting on May 15,2012, the recessedmeeting on May 17, 2012 and the special meetingon May 31, 2012. All the aldermen present votingaye, Mayor Patterson declared the motion carried.It was moved by Alderman Howell, seconded byAlderman Oliver to approve the payment <strong>of</strong> allaccounts for the <strong>City</strong>. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried.I


.,283MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 51-0226IRETIREMENT RESOLUTION:PROCLAMATION:It was moved by Alderman Morgan, seconded byAlderman Oliver to adopt retirement resolutions forDavid Duchaine, Ronnie Holland, Mike Morrison,Mike Hill and Lynn Robbins. All the aldermenvoting aye, Mayor Patterson declared the motioncarried.It was moved by Alderman Antonow, seconded byAlderman Morgan to adopt the followingproclamation declaring National Garden Week. Allthe aldermen voting aye, Mayor Patterson declaredthe motion carried.II


84!,:National Garden Clubs, "1(',NATIONAL GAIWFN WI(I


385MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226IOXFORD HOUSINGAUTHORITYFNC, INC. DONATION:It was moved by Alderman Antonow, seconded byAlderman Williams to reappoint John Bounds to the<strong>Oxford</strong> Housing Authority Board. All the aldermenvoting aye, Mayor Patterson declared the motioncarried.It was moved by Alderman Bailey, seconded byAlderman Oliver to recognize and thank FNC., Incfor their $250,000.00 commitment to the tennisexpansion and to approve the sponsorshipagreement attached below. All the aldermen votingaye, Mayor Patterson declared the motion carried.II


86I~hisMINm!?~~~ gTml¥lU~Rmi\IENT ., DEMENT.I!4'!IWoIAN 61-226Sponsorship Agreement ("the Agleeme~C~, is enteled this, t~le ;;= :1:;) <strong>of</strong>~e. , 20 ~4-bet,\een the CIty ot <strong>Oxford</strong> ("CIty ) and r;1v L J- A,"("Sponsor").1. Purpose: The purpose <strong>of</strong> this Agreement is to define the nature alld scope <strong>of</strong> sponsorship'benefits to Sponsor and the level <strong>of</strong> financial support to be provided to the Citv by tbe Sponsor'I,,'ith respect to the establishment and operation <strong>of</strong> John Leslie Tennis Center.I2. Term: The initial term <strong>of</strong> this Agreement shall be year(s) beginning on the _ day'<strong>of</strong> , 20_, and ending on the __ day <strong>of</strong> . 20 __. Upon \\Tittcn noticeto the <strong>City</strong> no later than three (3) months prior to the expiration <strong>of</strong> this ;\greemcnt Sponsorshall have the right to continue the sponsorship at the same level as provided in this Agreementfor another identical tenn. However, the <strong>City</strong> reserves the right to renegotiate the cost <strong>of</strong>such sponsorship and/or any other term <strong>of</strong> this Agreement. consistent "'ith then-applicahlecosts and terms to other sponsors or such costs and terms as mav be sct bY the <strong>City</strong>. The <strong>City</strong>agrees to enter into a new sponsorship agreement in the event that Sponsor elects to rene\\ thesponsorshi p.3. Cost and Benefits: The cost and benefits <strong>of</strong> this Agreement shall correspond to thoseset forth in the Schedule <strong>of</strong> Benefits attached hereto as Exhibit "A". according to the leycl <strong>of</strong>sponsorship indicated below:/Facility Sponsor-Clubhouse Sponsor$250,000 over ten years$100.000 over ten yearsCourt Sponsor - $15.000 over five yearsThe <strong>City</strong> reserves the right to adjust the cost <strong>of</strong> sponsorship at any time. In the e\'enl thaIthe cost <strong>of</strong> sponsorship decreases subsequent to the execution <strong>of</strong> this Agreement. Sponsorshall receive an equivalent price adjustment on a prospective basis onlv.IIL2.Payment: Payments shall be made quarterly, cOlllmencing on the first (I st) elm (Ifthe month following [the opening <strong>of</strong> JL TC/execution <strong>of</strong> this agreement!. or at a timespecified between the <strong>City</strong> and the Sponsor.Signage: The <strong>City</strong> shall acquire. ,install, and maintain all signage contemplated lw thiS'llAgreement allIs own cost The elty shall work With Sponsor to achley'e a deSign that IS'acceptable to' both parties, but all decisions concerning design. layout. placement. size.!color, and/or style <strong>of</strong> sponsorship signage shall be left to the sole discretion <strong>of</strong> the <strong>City</strong>.3.Funds: All funds received from the Sponsor pursuant to this Agreement shall he Piaced'ilin the <strong>City</strong> operational fund and used for constructing. maintaining. operating. and/ormarketing the facility.I


-I LJnavoidMlNUiIiCao&KcNol;136~t C~TsYo~ ~IiiGfiUlts failure, > ••• • • •• pEMENT·MERIDIAN61-0226bby tire, catastrophic weather conditions, strikes, lockouts, shortage <strong>of</strong> labor or material,riots, war, civil strife, acts <strong>of</strong> terrorism, governmental laws, restrictions, or regulations, orany other occurrence whatsoever that is beyond the control <strong>of</strong> the <strong>City</strong>,UTe87I5.6.Comnlellon. The <strong>City</strong> obligations under the tenus <strong>of</strong> this Agreement are expresslyconditioned upon the successful completion, opening, and continued operation <strong>of</strong> JLTC.[I' JLTC dl)e, not open or ceases to operate at any point during the duration <strong>of</strong> thisAgreement, both parties' obligations hereunder shall be discharged.Hold Harmless: Sponsor agrees to indemnifY and hold the OPC and the <strong>City</strong> <strong>of</strong>Oxlllrd harmless for any damage to any signage or other document, material, or thingcontemplated by this Agreement.7. Assi~nment: Sponsor shall not assign this Agreement or the rights provided to it hereinto any third party without the express written permission <strong>of</strong> the <strong>City</strong>.8 Governinll. Law: This Agreement shall be governed, construed and interpreted by,through and under the Laws <strong>of</strong> the State <strong>of</strong> Mississippi.l).Severance: J f any provision <strong>of</strong> this Agreement or the application there<strong>of</strong> shall, for anyreason and to any extent, be invalid or unenforceable, neither the remainder <strong>of</strong> thisAgreement nor the application <strong>of</strong> the provision to other persons, entities or circumstancesshall be affected thereby. but instead shall be enforced to the maximum extent permittedby law.I10. Entire .'\2reement: The parties agree that this document contains the entire agreementbetween the parties and this Agreement shall not be modified, changed, altered oramended in any way except through a written amendment signed by all <strong>of</strong> the partieshereto.II..Approval: This Agreement is expressly conditioned upon review and approval <strong>of</strong> theAgreement by the governing authority <strong>of</strong> the <strong>City</strong>. This agreement is also expresslycontingent upon and subject to possible re-consideration and approval <strong>of</strong> subsequentBoard(s) <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong>.I


88DEMENT-MERIDIAN 61-226<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>BY' ~1. .. ~ /l. ±2~~Position: ;l/l~Date: ~ (g ll2--III


.,89MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61 0226It '"Schedule <strong>of</strong> John Leslie Tennis Center Sponsorship BenefitsIFacility Sponsor - $250,000 over ten years-Splll1S0r has sole naming rights to the entire complex-Sponsor name/logo displayed at facility/court entrance-Sponsor name on all ope schedules and literature-Web sile link from ope site-Prominent area on home page <strong>of</strong> ope web site to be dedicated to sponsor-Press release to local media outlets-Name permanently displayed as a founding sponsorCluhhouse Sponsor - $100,000 OYer ten years-Sponsor has sole naming rights to the tennis central clubhouse-Sponsor has name/logo prominently displayed on clubhouse-S]1llI1S0r name on any JLTe printed literature- \\'eb site link trom ope site-Press release to local media outlets-Name pennanently displayed as a founding sponsorCourt Sponsor - $15,000 nyer fiye years-Sponsor name/logo displayed at both ends <strong>of</strong> the court-Sponsor name on ope schedules and literature-Press release to local media outlets-Name permanently displayed as a founding sponsorII


90 4MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226AT&T REQUEST FORCELL TOWER ON CITYPROPERTY:Billy Englnd with General Telecom. Inc. camebefore the Mayor and Board <strong>of</strong> Aldermen to discussthe possibility <strong>of</strong> leasing <strong>City</strong> property from the<strong>City</strong> <strong>of</strong> <strong>Oxford</strong> to place an AT&T comll1unicationtower near the intersection <strong>of</strong> Hwy 7 and lIni\ ersit\Ave.It was moved by Alderman Morgan. seconded byAlderman Howell to table the discussion for t\\"Oweeks. The board needs more informal ion on thespecific property being discussed. ;\ll the aldermenvoting aye, Mayor Patterson declared the motioncarried.III


--,I~91MINUTE B CITY OF OXFORDDEMENT·MERIDIAN 61-0226GENERAL TELECOM, INC.ILisa Carwyle<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>107 Courthouse Sq.<strong>Oxford</strong>, MS 38655Re: AT&T Communication F


92Site Acquisition Request Form (SARF) for AT&T Mobility NetworkPage I <strong>of</strong> 21'---- eiLLyuls: Sitc Fla",2.Cingular Project Number:Category:FA Location Number:County, State:Site Type:Due Date for Candidate Sites:MS4;'l7t, Highway} &=utiiversftyCapacity10549832Lafayette, MSTower1/17/2011DEMENT·MERIDIAN 61-226IIIIC~II Site Requirements:,:_Approximate Latitude:Approximate Longitude:Approximate Ground Elevation:Approximate Antenna Centerline:Approximate Total Height:Search Area Radius:SARF Azimuths:34 0 21' 49.25" NagO 30' 07.1" W495 feet AM5L150 feet AGL645 feet AMSL0.5 miles0/120/240IThe attached map represents the search area for the new Capacity cell site, ~154~77 /Highw~y 7 "'­University. The site objective is: Provide capacity relief to The Square UMTS, site ~1SJKU4279. and to<strong>Oxford</strong> East UMTS, site MSlKU4210, and to North Lamar UMTS, site MSlKU4293.IRF Planning EngineerAttachments:Search Area Maphttp://raI2rfweb I /sarf/SARFPrint.asp12.'8/2010I


Search Area Map for MS4277/Highway 7 & University':"'Je, ' I Park litPage 2 <strong>of</strong>2.I'j"j "',,,~ !h._~ -. ~93~ ,~:;:MJNUTE BO~KA~O. 60, ell¥. OF'QXFORD/DEMENT-MERIDIAN 61-0226o~


94MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDeMemMe"""N""6~~~~=~OUT OPERATIONS ANDMAINTENANCE FACILITY:It was moved by Alderman Howell. seconded bvAlderman Morgan to reject bids received ('H OUTOperations and Maintenance Facility and tt'authorize permission to re-bid the project. All thealdermen voting aye, Mayor Patterson declared themotion can-ied.II T [ ICERTIFIED BIJ) TABULA nON fORMBid Dale: i'vlay.3!. 20! 1 2:00 p.m.<strong>Oxford</strong> Uni\·ersiry Transit SystemNew f\ilaintenance & Operations FacilityO.\forJ, r .... lississippiContraClUr:Base Bid:I.Zellner Construction Services, LLCCertificale <strong>of</strong> Responsibility ;;17-P3-1\lC5% Bid Security: I.ihcrty t\,lutuJIS '.184.-1711)(1IAddenda Received # I X1Barnes & Brower. Inc.Certificate <strong>of</strong> Responsibility C' 14~1():,-1\ Ie5~'O Bid Security: Liberty rVlulllidAddenda Received # I XII certify' lhallhis is a correct tabulation <strong>of</strong> (lit bids rCl't'il,tJ ror (his Prujed Oil the d~llL' ~1;!lL'Ll "hI' l':(Authorized Sigllnlure)(r ,,/ / ./.!.'--'---___..___I t D;!ll' J,.,., 1::)1 "I "·1 '" ,'I


=====~M==IN~U~T~E~B~O~O~K==N~O~.6~3~,~C~IT~Y~O~F~O==X~FO~R~D===DEM=E~=MERI==DIAN61~It was moved by Alderman Antonow, seconded byAlderman Williams to accept the CLG award in theamount <strong>of</strong> $2,500.00 for preservation commissiontraining. All the aldermen voting aye, MayorPatterson declared the motion carried.695IOXFORD 11ISTORICPRESERVATION:SPONSORSHIPAGREEi'vIENT:Mayor Patterson announced Molissa Swaney hasresigned from the <strong>Oxford</strong> Historic PreservationCommission. Anyone interested should contactTim Akers.Brad Freeman came before the Mayor and Board <strong>of</strong>Aldermen to announce <strong>Oxford</strong> Orthopedics andSports Medicine Group is contributing $150,000.00towards the construction <strong>of</strong> an Indoor PracticeFacility at FNC Park.It was moved by Alderman Howell, seconded byAlderman Williams to approve the sponsorshipagreement with <strong>Oxford</strong> Orthopedics and SportsMedicine Group and commit $75,000.00 towardsthe facility. The County is also contributing$75,000.00. All the aldermen voting aye, MayorPatterson declared the motion carried.II


96MINm~1Nlf. UaLIGPf'VNM~~n'ENT~~~~~ _ _ _ ____ ____ __ _ ' _ __ _ __ _ _ _ DEM~l::~ERIDIAN61.2~~This Sponsorship Agreement ("Agreement") is entered this the > ~Iav-;;;l:;;:..c~ , 2012, between the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi ("<strong>City</strong>")- '~n~1 O;fe)rd III,Olihopaedics and Sports Medicine, PLLC, a Mississippi pr<strong>of</strong>essional limited liabilitv coml'an\ "("Sponsor").I. Purpose: The purpose <strong>of</strong> this Agreement is to define the nature and scope <strong>of</strong> sponsorsilipbenefits to Sponsor and the level <strong>of</strong> linancial support to be provided to the Cit\, by the Sponsorwith respect to the establishment and naming <strong>of</strong> a practice facility at the <strong>Oxford</strong>-Lali,yelte Fieldsgeared toward baseball, s<strong>of</strong>tball and soccer indoor practice ("Practice Facility").2. Term: The initial term <strong>of</strong> this Agreement shall be ten (10) years beginning at completion <strong>of</strong>construction <strong>of</strong> the Practice Facility. This Agreement may be renewed and extended at tileagreement <strong>of</strong> the parties. Said term is however subject to re-consideration. IT\'ision and appnl\al<strong>of</strong> subsequent Board(s) <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong>,I3. Cost and Benefits: The Sponsor shall pay to the <strong>City</strong> one hllndred and fifty tilol"and dollars($150,000) over the term <strong>of</strong> the Agreement. In exchange for. and at all times contingent up(lnsaid consideration, the <strong>City</strong> agrees to the grant Sponsor the following benefits:- nanling rights to the Practice Facility during the term <strong>of</strong> the Agreement- Sponsor name displayed Practice Facility- Sponsor listing on and website link from <strong>Oxford</strong>-Lafayette Fields internet hOJ11e page- Press release to local media outlets4. Payment: Payments shall be made quarterly, commencing on the first (I sl) da\ l,f thcmonth following completion <strong>of</strong> the Practice Facility, or at a time agreed UPOIl be("een the Cit\'and the Sponsor.I5. Signage: The <strong>City</strong> agrees to acquire, install, and maintain signage to he displil\ed at thePractice Facility. The <strong>City</strong> will work with Sponsor to achieve a design (inciliding lavout.placement, size, color, and/or style) acceptable to both parties. Design shall be sllbject to theapproval <strong>of</strong> Sponsor; however final design decisions shall be left to the sole discretion or the<strong>City</strong>.6. Funds: All funds received from the Sponsor pursuallt to this Agreement shall be placedin the general fund <strong>of</strong> the <strong>City</strong>.7. Unavoidable Circumstances: The <strong>City</strong> shall not be responsible to Sponsor felf its hlilureto periornl any <strong>of</strong> the obligations imposed by this agreement if slich failure is occasioned en fire.,catastrophic weather conditions, strikes, lockouts, shortage <strong>of</strong> labor or material. riots. \\ar. Ci\ill'strife, acts <strong>of</strong> terrorism, governmental laws, restrictions, or regulations, or any other occurrence,whatsoever that is beyond the control <strong>of</strong> the <strong>City</strong>.8. Completion: The <strong>City</strong>'s obligations under this Agreement are expresslv C(lnditioned,1upon the successful construction, opening, and continued operation <strong>of</strong> the Practice Facilitv. ItliII


the Practice Faci~i~ does not o~n or ceases to oRerate !Il~"P0lll..t..liu~i,tlll:.J;!~~n <strong>of</strong> thisAurcemenl. bOlhl"dNUtijatd)QKnttIQ\;a6a,t&idila~dUF UAFUHU~ , DEMENT-MERIDIAN 6'-02269. Hold Harmless: Sponsor agrees to indemnify and hold the <strong>City</strong> harmless for any damageto all)' signage or other document, material, or thing contemplated by this Agreement97I10. Assiunment: It: after twenty four (24) months after the beginning <strong>of</strong> the term <strong>of</strong> thisAgreement, Sponsor becomes unable or unwilling to make payments due under this Agreement,Sponsor may assign Ihis Agreement to a third party who shall be bound by the terms here<strong>of</strong>.However, Sponsor shall not assign this Agreement or the rights provided to it herein to any thirdpart)' without the permission <strong>of</strong> the <strong>City</strong>. The <strong>City</strong> understands and agrees that if assignmentbecomes necessary, it will be in the best interest <strong>of</strong> both parties to secure a third partysponsor/assignee,and the <strong>City</strong> shall work diligently and in good faith with Sponsor to find,approve and facilitate such an assignment11. Governing Law: This Agreement shall be governed, construed and interpreted by,through and under the Laws <strong>of</strong> the State <strong>of</strong> Mississippi. Both parties nlrther acknowledge theright and duty <strong>of</strong> municipal governing authorities and commissions to review and either affirm ordisavow prior conlracts and their contents, at the discretion <strong>of</strong> the subsequent reviewing authorityand /ur commission.12. Severance: If any provision <strong>of</strong> this Agreement or the application there<strong>of</strong> shall, for anyrea"on and to any extem, be invalid or unenforceable, neither the remainder <strong>of</strong> this AgreementIll)r the application <strong>of</strong> the provision to other persons, entities or circumstances shall be affectedIhereby. but instead shall be enforced to the maximum extent permitted by law.13. lentire .'\ureement: The parties agree that this document contains the entire agreementbetween the parties and this Agreement shall not be modified, changed, altered or amended inany way except through a vnillen amendment signed by all <strong>of</strong> the parties hereto.It 4. 3.1212rmal: This Agreement is expressly conditioned upon review and approval <strong>of</strong> theAgreement by (he governing authority <strong>of</strong> the <strong>City</strong>. This Agreement is also expressly contingentupc,n ami subject to possible re-consideration and approval <strong>of</strong> subsequent Board(s) <strong>of</strong> Aldern1en<strong>of</strong> the <strong>City</strong>.IN WITNESS WHEREOF, the parties have affixed their signatures below.THE CITY OF O"FORDOXFORD ORTHOPAEDICS AND SPORTSMEDICINE, PLLCI


98MINUTE BOOK No. 6~,~-"F¥--f'*~JfHc:JIRIi-IDI::}-- DCM"',MCRmN"'"By:--~~~~~-----Title/Position:'10,By: _~~-Title/Position: 11:\ ,f) III


799MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT"MERIDIAN 61-0226IOPC INTERLOCAL WITHLArA YET1E COUNTY:It was moved by Alderman Williams, seconded byAlderman Taylor to approve the amended interlocalagreement between OPC and Lafayette County. Allthe aldermen voting aye, Mayor Patterson declaredthe motion carried.AMENDMENTTOTHE .JANUARY 16,2007, INTERLOCAL AGREEMENTBETWEEN LAFAYETTE COUNTY, MISSISSIPPI,AND THE CITY OF OXFORD, MISSISSIPPIThis Amendment to the lnterlocal Agreement between Lafayette County,ililssisslppl. and the CilY <strong>of</strong> <strong>Oxford</strong>, Mississippi dated January 16, 2007, ("Interlocal\greement'") (the "Amendment") is made on this the.5..... day <strong>of</strong> 0Li;I\V, 2012, by andbo\lleel; Lai~lyetle County, Mississippi, a county duly existing under the laws <strong>of</strong> the State,)t'l\iissisSJppi (,'Lafayette County"), and the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, a municipalityduh cXlsJing under the laws <strong>of</strong> the State <strong>of</strong> Mississippi ("<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>").IWHEREAS, the Board <strong>of</strong> Supervisors <strong>of</strong> Lafayette County, as the duly electedgoverning bud) <strong>of</strong> Lafayette County, has the authority and obligation to adequatelypromote the health, safety and welfare <strong>of</strong> the citizens <strong>of</strong> the county, pursuant to Section17-1-3 <strong>of</strong> the Mississippi Code <strong>of</strong> 1972, Annotated, as amended; andWHEREAS, the Mayor and Board <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, as the dulyelected governing authorities <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, have the duty to adequately promotethe health, safety and welfare <strong>of</strong> the citizens <strong>of</strong> the city, pursuant to Section 17-1-3,"eelion 21-17-1 and Section 55-9-1 <strong>of</strong> the Mississippi Code <strong>of</strong> 1972, Annotated, as,1Inencled: andWHEREAS, the <strong>Oxford</strong> Park Commission ("OPC") operates and manages parksand recreational facilities owned by the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> in accordance with Section 21-3 7-33 and 21-37-35 <strong>of</strong>ihe Mississippi Code <strong>of</strong> 1972, Annotated, as amended; andWHEREAS, on January 16, 2007, the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> and Lafayette Countyentereci into tlte Interlocal Agreement which outlined cooperation and cooperativefunding between the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> and Lafayette County to expand and develop sportstacilities and related programs operated by the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> and the <strong>Oxford</strong> ParkCommission; andIWHEREAS, pursuant to Section 10 <strong>of</strong> the Interlocal Agreement, the partiesagreed that the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> and the OPC may need and desire additional financialassistance from Lafayette County during the term <strong>of</strong> the Interlocal Agreement to furthercleve lop anci expand sports facilities; andWHEREAS, the Mayor and Board <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong> and the Board <strong>of</strong>Supervisors <strong>of</strong> the County have determined that it is in the best interest <strong>of</strong> the citizens <strong>of</strong>1I,e <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> and Lafayette County to expand and improve outdoor tennis facilitiesor the <strong>City</strong>, including at John Leslie Park, as well as the facilities at FNC Park; and


~I100MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEM"TMER'D'AN"'"1)/1 IERBAB, the -<strong>City</strong>-<strong>of</strong> OX-t-Cttd=lIciS requested fiffftflC"ial


I(b)MINUTthrough Friday, February I through May 31 <strong>of</strong> each year.Additionally, tlIe teams may be allowed to schedule reasonablematches against opponents during their respective tennis seasons,and they may be allowed to reasonably schedule a certainnumber <strong>of</strong> courts for tournament play which may fallonweekends. It is agreed that the use <strong>of</strong> these courts by therespective schools will be at the discretion <strong>of</strong> the OPC and willnot conflict with existing or future <strong>City</strong> activities and sportsprogrunl1111ng.The sum oiP5,000 for the bidding, contracting and construction <strong>of</strong>two additional practice baseball fIelds at FNC Park, payable to the <strong>City</strong>oJOxllml in fiscal year 2013, and the sum 01"$75,000 for the bidding,contracting and construction <strong>of</strong> an indoor practice facility at FNC Parksuitable for use for soccer, s<strong>of</strong>tball and baseball instruction andpractice, also payable to the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> in fiscal year 2013,(together "FNC Park Improvements").101--l(C)The <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> agrees to use its best efforts to finance, bid,contract and construct the Tennis Facilities and FNC Parkimprovements (baseball practice fields and indoor practice facility) assoon as reasonably practicable. The <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> shall retain allrights and duties related to the design, bidding, budgeting, building,and oversight <strong>of</strong> the subject facilities.I14.Each party to this Agreement shall assume responsibility for any acts <strong>of</strong>negligence which may be attributed to it or its employees or agents, to theextent authorized by Miss. Code Ann. §§ 11-46-1, et. seq. (the MississippiTort Claims Act), and any other applicable federal, state, or local laws orregulations. Nothing in this Agreement shall be construed as an obligationby either party to indemnify the other that would not be authorized underapplicable law, or an acceptance <strong>of</strong> liability by either party beyond thatprescribed by law. This provision shall not be construed to abrogate,abridge or waive any immunities or privileges held or maintained by any<strong>of</strong> the parties to this Agreement.15. This Agreement creates no joint property not existing before its execution.Pursuant to Miss. Code Ann. § 17-13-11, the parties understand that as acondition precedent to the Amendment being enforceable, the Amendment shallbe submitted to the Attorney General <strong>of</strong> the State <strong>of</strong> Mississippi for approval. Onapproval by the Attorney General, or the passing <strong>of</strong> sixty days after submissionwithout disapproval, copies <strong>of</strong> this Amendment shall be filed with the ChanceryClerk <strong>of</strong> Lafayette County, the Secretary <strong>of</strong> State <strong>of</strong> Mississippi, and the StateDepartment <strong>of</strong> Audit, pursuant to Miss. Code Ann. §§17-13-11(3) and (4).3I


102Ic=='~~~~MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-22<strong>63</strong>. While the terms <strong>of</strong> this Amendment may be renewed. modified, amended. oraltered in writing and by the mutual agreement <strong>of</strong> the parties. a11\ modillcation <strong>of</strong>this agreement must be approved by the Attorney General prior \(l tkimplementing <strong>of</strong> any such modifications.4. The lnterlocal Agreement shail he amended as provided lor herein ,md allprovisions <strong>of</strong> the lnterlocal Agreement shall remain in full force and eJTeel. exceptas to any provisions that may be in conflict with this /\l1lenc!l1lcnt. in \\hich casethe provisions <strong>of</strong> this Amendment shali be superior and take precedence o',cr tilt'conflicting provisions orthe Interloeal Agreement.I5. This Amendment shall not unlawfully bind successors in <strong>of</strong>fice.6. This Amendment is governed by Mississippi law.7. This Amendment may be executed in several counterparts that. when combined,will constitute the original instrument.APPROVED AND EXECUTED BY THE RESPECTIVE PARTIES pursuantto lawful approval, resolution and minutes <strong>of</strong> eaeh party.LAFAYETTE COUNTY, MISSISSIPPII.........: ,,····;ORA71·······...... ~o.~ ............... ~~ "\"CITY OF OXfORD. MISSISSIPPIf ( Or .... ~,--=--,~---,,-1~d~~~,,------:- :r. \. 0\'" . iff...'Att~~ ... ~ ...... " ..··,,0 ... "S' ... ··· .//'"/;/\0 ?o/ J"" .O~/'''''\..... ' . 'n.f/ i/ /~ ~ .' 'f ,~-Lisa Carwyle, Clerk / e. "'PaC) Paterson. I'vla:v'(1r4I


8 103MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0~~IUNIVERISTY INTERLOCALFOR TENNIS COURTS:It was moved by Alderman Williams, seconded byAlderman Taylor to approve the interlocal with theUniversity <strong>of</strong> Mississippi regarding the tennisfacility. All the aldermen voting aye, MayorPatterson declared the motion carried.INTERLOCAL AGREEMENTBETWEEN THE CITY OF OXFORD, MISSISSIPPI,AND THE UNIVERSITY OF MISSISSIPPIThi, Agreement made on the __ day <strong>of</strong>. 20 I 2, by and betweenthe Cit\ or <strong>Oxford</strong>. Mississippi. a municipality duly existing under the laws <strong>of</strong> the Stateui i\iississippi ("Cit\"), and the University <strong>of</strong> Mississippi, a state institution <strong>of</strong> higherkarning ciuh existing under the law, <strong>of</strong> the State <strong>of</strong> Mississippi (",University"), whichagr;:;em~11l is set t(xth as t()lIo\-vs:\\l-J E:RtAS. the 1\18)'01' and Board <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong>. as the dul) electedg'" eming authorities <strong>of</strong> the <strong>City</strong>, have the dm) to adequately promote the health, safetyanLi \\clfarc oi the citizens orthe <strong>City</strong>, pursuant to Section 17-1-3, Section 21-17-1 andSection 55-'i-l 01 the Mississippi Code <strong>of</strong> 1972, Annotated, as amended; andIWIIEREAS. the <strong>Oxford</strong> Park Commission operates and manages parks andrecreational t~lcilities owned hy the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> in accordance with Section 21-37-33and ~ 1-37-35 <strong>of</strong> the Mississippi Code <strong>of</strong> 1972, Annotated, as amended: andWHEREAS, the University wishes to ensure tennis facilities are available for the<strong>of</strong>fer <strong>of</strong> instruction <strong>of</strong> tennis to its students through its Health, Exercise Science andRecreation Management Department: andWHEREAS, the parties have determined that It IS in the best interest <strong>of</strong> thecitizens <strong>of</strong> the <strong>City</strong> and <strong>of</strong> the University and its student body to provide, expand andimprove the outdoor tennis facilities <strong>of</strong> the <strong>City</strong>, including at John Leslie Park, andWHEREAS, the <strong>City</strong> has requested financial assistance from the University in theamount <strong>of</strong> $550,000 for said expansion and improvement; andWHEREAS, the governing body <strong>of</strong> the <strong>City</strong> has authorized its undersignedrepresentatives to enter into and execute this Agreement and the University has receivedapproYaI from the Board <strong>of</strong> Trustees <strong>of</strong> State Institutions <strong>of</strong> Higher Learning to enter intothis J\.green1ent;INOW, THEREFORE, for and in consideration <strong>of</strong> the mutual covenants andagreements contained herein and other good and valuable consideration, the parties dohereby agree as follows:1. This agreement (AAgreement@) is entered in accordance with the provisions <strong>of</strong>Miss. Code Ann. §§ 17-13-1, et. seq., the AInter10cal Cooperation Act <strong>of</strong> 1974"("·Act@). as it now appears. All provisions set forth in the Act are incorporatedherein and made a part here<strong>of</strong>.1


104')M JNJ.L1£raAAK t~ ~itPlIX~f$~Q ijP1Wlll1iE.,.>J.JJ.l~li~ "'"--in attached Schedule "A." and the <strong>City</strong> agrees to use TIleseTtindsTor t!le l,rclllnin~.· Ibidding. contracting, development. and construction and expansion 01' current Cit,telmis facilities ("Tennis Facilities").I!3. The University will be allowed access to the Tennis Facilities 1m tcnnisinstruction to its students enrolled in classes <strong>of</strong>fered lw the llni,crsit\ I \calth.Exercise Science and Recreation I\'1anagelnent ciepartInell1 8i (11'r'nll'riat~I:,designated times and with reasonable terms. R, ,\,1\ 01' e.';alllllie Illl". theUniversity may schedule with the <strong>Oxford</strong> Park Commissiun and he allll'\cciaccess to six (6) tennis courts for two (2) hours per court. Moneln, throl!>cb cricl",in order to accommodate University Health. Exercise Science' and Pene,,!i,.'"Management department tennis classes.I4. Participants <strong>of</strong> Universit'· intramural teunis programs operateci tlmlugh theDepartment <strong>of</strong> Campus Recreation shall have reasonable acees' tl' tennis Cllurtswithin the Telmis Facilities on a first come first SetTe basis. c,clusi,c 01' tililsecourts already scheduled and reserved through and/or b, the ()xflrrci ParkCommission.5. The <strong>City</strong> agrees to use its best efforts to finance and construct tile TennisFacilities as soon as reasonably practicable. The <strong>City</strong> shall retain all rights andduties related to the design, building, and oversight <strong>of</strong> the subject facilities.6. The parties also agree that the <strong>City</strong> may need or desire additinnal financialassistance from the University for the Tennis Facilities. In the event thc <strong>City</strong> orthe <strong>Oxford</strong> Park COllllllission make a request to the University for additionalfunds to further develop, improve, expand, or maintain the Tennis Facilities. theUniversity agrees to seriously consider all such requests in good faith withinbudgetary constraints. If at any time after five (5) years after the originalconstruction and surfacing <strong>of</strong> the tennis courts. the <strong>City</strong> and/or the Oxf(lJd ParkCommission shall determine that the tennis courts require resmfacillg. theUniversity agrees to pay one-third <strong>of</strong> such costs.I7. Each party to this Agreement shall aSSLlme respollsibilit\, for an' acts <strong>of</strong>negligence which may be attributed to it or its emplo\'ees or agents. to the extentauthorized by Miss. Code Ann. §§11-46-1, et. seq. (the Mississippi Tort ClaimsAct), and any other applicable federal, state, or local laws or regulations. Nothingin this Agreement shall be construed as an obligation by either party to indemnif\'the other that would not be authorized under applicable law. ur an acceptance <strong>of</strong>liability by either party beyond that prescribed by law. This pro,ision shall not beconstrued to abrogate, abridge or waive any immunities or privileges held ormaintained by any <strong>of</strong> the parties to this Agreement.8. Pursuant to Miss. Code Ann. § 17-13-11, the parties understand that as a cond ilionprecedent to the Agreement being enforceable, the Agreement shall be submittedI


I9.105to thMtNtJT61eooK ~Q~f6Sjsie~'Ji~J$c9Kr;OA&al by. ' • '. .. . DEMENT-MERIDIAN 61-0226disapprovaL copies <strong>of</strong> this Agreement shall be filed with the Chancery Clerk <strong>of</strong>LaLr,ene County. the Secretary <strong>of</strong> State <strong>of</strong> Mississippi. and the State Department01 Auciil. pursuant 10 Miss. Code Ann. §§17-13-11(3) and (4).The term <strong>of</strong> this Agreement shall be through the <strong>City</strong> fiscal year 2027. Thepanies lml) rene\\. amenci. modit)· or alter the terms <strong>of</strong> this Agreement if thesame is in \\Titing. dated subsequent to the date <strong>of</strong> this Agreement and dulyauthorized ancl executed by the parties. While the terms <strong>of</strong> this Agreement maybe renewed. modi tIed. amended. or altered in writing and by the mutualagreement <strong>of</strong> the parties. any modification <strong>of</strong> this agreement must be approveci bylnec,tturney General prior to the implementing <strong>of</strong> any such moditlcations.10. This Agreement shall not unlawfully bind successors in <strong>of</strong>fice.I 1. This Agreement is governed by Mississippi law. This Agreement may bee"e(lIled in sevc:ral counterparts that. when combined. will constitute the originalinstrument.12. This Agreement creates no joint property not existing before its execution.APPROVED AND EXECUTED BY THE RESPECTIVE PARTIES pursuantto lawful actions <strong>of</strong> each party.CtTY OF OXFORD, MtSSISSIPPIIAttest:George G. "Pat" Paterson, MayorLisa Carwyle. ClerkTHE UNIVERSITY OF MISSISSIPPIDaniel W. Jones, ChancellorI


106MINUTE BOOK NO'~i!l~IIY OF OXFORDDEMENT-MERIDIAN 61-226Contributions from the University for the Tennis Facility shall be Illade pa\>ahlt, I(l the<strong>City</strong> <strong>of</strong> <strong>Oxford</strong> 011 the following dates:September L 2012 $235,000October L 2013 $45-


9107lMINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226- .IIDESIGN BUILD FORTENNIS FACILITY:ANNU . .I,.L I\IATERIALSAND SUPPLIES:FIRE Sf A TION SITE:PIPE REPLACEMENTBID:It was moved by Aldennan Morgan, seconded byAlderman Bailey to approve to advertise for adesign build for the tennis facility. This project willbe fi.mded with the Community Health Foundationfunds from Baptist. All the aldennen voting aye,Mayor Patterson declared the motion carried.It was moved by Alderman Bailey, seconded byAldennan Howell to authorize the advertisement forannual materials and supplies. All the aldennenvoting aye, Mayor Patterson declared the motioncarried.It was moved by Aldennan Howell, seconded byAlderman Williams to authorize pennission toadvertise for garbage removal, fill placement andstreet repair at Price and Molly Barr Road at thenew Fire Station site. The projected cost will be$500,000.00 and will be paid from the CommunityHealth Foundation money received from Baptist.All the aldermen voting aye, Mayor Pattersondeclared the motion carried.It was moved by Aldennan Williams, seconded byAlderman Morgan to accept the low bid fromSouthern General in the amount <strong>of</strong> $158,242.75 forpipe replacement on North 16 th and Avent Street.All the aldermen voting aye, Mayor Pattersondeclared the motion carried.I


- -c\ \ 1:.1'" I 1 ['" I b I II ~ t ~U_I' I UI{AINAGE II\U'I{OVEI\lENT Southern General Contractors Eubank Construction Johnson ConstructIOn Colom ConstructionCITY OF OXFOIW, MS26 CR 275 2011 N 2nd Street ~ 3151 Terza Road P.o. Box414(,/-\!2() I ~ Page: I <strong>Oxford</strong>, MS 38655 Booneville, MS 388 Batesville, MS 38606 Ripley, MS 38664BJIl'I,\B 17644-MC 10589"MC 16641-MC 5993~MCrlTfvl UNJ'I ITEM lJNIT ITEM UNrI l'IUvl UNIT lTUvlNO ()TY IJNn DL:SCI(II'TIC)N DOI.L/\]{S fJOI.I,!\]{S I )()j L/\RS j)CH.l.!\R0 I)OLLARS lJ01.l_ARS 1)()LLA!{S !)UL.l..AlG0s !lU 2:W.lI() 2(1 ()() 2(J(J ()() 7'}' ()() T2u IJO:-, .. 21) .'.-1) ~ ~:'.) LJ SY l'tIlWv~1i or Ilot MI~ Asphalt ') (ltl )).;2:i IJU 211 ()() :-I.)Oll 00 'i uo :.125 ()u I J (10, ~j2~ uO-"·20:' -J ~ : 2k {J I I 1{~Jll()V;11 or I'lpe (All SIJ.esl I';()I) '-Ill) (){)' .~(! (I(l I,.J()IJ(JO ') S {)() 7U() ()() IS ()(J ·!2() 00, :-;-1('"1,1) zSLJ U I,ll'-; ('I (1~lltli SI()Ill' (31.:" 1 II1IeslOlW I ~'J ()(J l-UL~() O(l :iIJ(I() 7 .. ~(){I ()(I 'I(J (JO o.t)(j(J()() .~U IJI) 7 .. ~()() UI)"-" ...1(1.; II ~ ~ (j() I! T{)t'..,' I lUI rV!J\ l\spllCdl So: ::. :, 111111 Stili ( ~ i:iU(J(J! ! ).uulIlIil' 1..1(1 U(i 1·!JJ(Jil.(){j 125 ()lJ I :.)(j() (HI I',(J()(J 1 iUl)(J U(J-"-(lUI-II .Ii! .~ CY l'Ia~~, Il SII'lII:! l'oll>: lvillllll'SlrtiClul


10109MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61·0226IIII'vlS COALITION RECYCLINGBOARD:FBI COMI\IANDCOLLEGE:RETIREMENT:ADVERTISE:RETIREMENT:FIRE CHIEF:ADVERTISE:ADVERTISE:RET IREIYIENT:It was moved by Alderman Morgan, seconded byAlderman Williams to authorize Amberlyn Liles toattend the quarterly MS Coalition Recycling Boardmeeting on June 12,2012 at no cost to the <strong>City</strong>. Allthe aldermen voting aye, Mayor Patterson declaredthe motion carried.It was moved by Alderman Howell, seconded byAlderman Bailey to authorize three <strong>of</strong>ficers toattend the FBI Command College Course on theUniversity <strong>of</strong> Mississippi campus on July 29-August 3, 2012 with a cost <strong>of</strong>$975.00. All thealdermen voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Taylor, seconded byAlderman Antonow to accept the retirement <strong>of</strong>Mike Collins and Wayne Hanks in the PoliceDepartment, with regrets. All the aldermen votingaye, Mayor Patterson declared the motion carried.It was moved by Alderman Antonow, seconded byAlderman Williams to authorize advertisement for apool <strong>of</strong> applicants for patrol <strong>of</strong>ficer. All thealdermen voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Howell, seconded byAlderman Williams to accept the retirement <strong>of</strong>Mike Morrison in the Electric Department, withregrets. All the aldermen voting aye, MayorPatterson declared the motion carried.It was moved by Alderman Antonow, seconded byAlderman Oliver to authorize the employment <strong>of</strong>Cary Sallis as Fire Chief effective July 1, 2012 witha salary <strong>of</strong> $65,200.19. All the aldermen voting aye,Mayor Patterson declared the motion carried.It was moved by Alderman Morgan, seconded byAlderman Howell to authorize the internaladvertisement for Deputy Fire Chief. All thealdermen voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Oliver, seconded byAlderman Howell to authorize the internaladvertisement for Training Officer with the FireDepartment. All the aldermen voting aye, MayorPatterson declared the motion carried.It was moved by Alderman Morgan, seconded byAlderman Bailey to accept the retirement <strong>of</strong> RonnieHolland in the Solid Waste Department. All thealdermen voting aye, Mayor Patterson declared themotion carried.


110 J Jrcc=1 ~~~MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61·226EMPLOYMENT:EXECUTIVE SESSION:REGULAR SESSION:It was moved by Alderman Antonovv. seconded byAlderman Morgan to authorize the employment <strong>of</strong>Larry Harris and Corrie Norphlet with a salan <strong>of</strong>$27,466.71. All the aldermen voting aye. I\lmorPatterson declared the motion carried.It was moved by Alderman !lowell. seconded byAlderman Williams to consider executive sessionfor one personnel issue, acquisition <strong>of</strong> property' andlitigation. All the aldermen present v'()ting aYe.Mayor Patterson declared the motion carried.It was moved by Alderman l\ lorgan. seconded bl'Alderman Howell to go into executive sessjpn. Allthe aldermen present voting aye, l\(av pr Pattersondeclared the motion carried.It was moved by Alderman Howell. seconded bvAlderman Bailey to come out <strong>of</strong> execlitiYe sessionand return to regular session. All the aldermenpresent voting aye, Mayor Patterson declared themotion carried.IAlderman Morgan left the meeting at this time.TERMINATION:RECESS:It was moved by Alderman Oliv'er, seconded byAlderman Antonow to follow the reconllllendation<strong>of</strong> the Human Resource Director and Departmenthead and terminate an employee in the Building &Grounds Department.It was moved by Alderman Williams. seconded bvAlderman Taylor to recess the meeting lIntil hi(lav·.June 15.2012 at 9:00 a.m. at the Lat~l\ette CountyChancery Building. All the aldermen present lotingaye, Mayor Patterson declared the 111('ti0I1 can ied.IGeorge G. Patterson, MayorI


111lMINUTE1&86KlHaL


112I,IMINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226I, <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, or a Deputy Clerk. do herebycertif) t~at \ I have notified, Alderman Preston Taylor <strong>of</strong> the fore[wing meeting"" y;J 11-" ~ ds "m~~~I, <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, or a Deputv Clerk. til' herebycertify th t I 1ave notified Alderman Jas Bailev <strong>of</strong> the foregoing !11e~til1gon ' t 4~'15 a.m.A .1 .' - -. -~v~~~ -- -------- --I, <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, or a Deputy Clerk. do herd"certify thaI I j1ave notified Alderman Jo'w, Morgan <strong>of</strong> the toregoing meetingon ~Plr- at lj't '-15 a.~ ____ _III


,113MINUTE BOOK No. <strong>63</strong>, CITY OF. OXF.ORDDEMENT-MERIDIAN 61-Q226Mayor and Board <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong> <strong>of</strong><strong>Oxford</strong> did meet at I :00 p.m. on Friday, June 8,2012 in the court room <strong>of</strong> <strong>City</strong> Hall when and wherethe following were present:IGeorge G. Patterson- MayorNey Williams- Alderman Ward IE.O. Oliver- Alderman Ward IIJanice Antonow- Alderman Ward IIIPreston Taylor- Alderman Ward VJason Bailey- Alderman Ward VIJohn Morgan- Alderman At-LargeLisa Carwyle - <strong>City</strong> ClerkReanna Mayoral- Ass\. EngineerTim Akers- Director <strong>of</strong> PlanningPaul Watkins- CounselElise Atkins- CounselIAGENDA:EXECUTIVE SESSION:REGULAR SESSION:A.OJOURN:It was moved by Alderman Antonow, seconded byAlderman Morgan to adopt the agenda for themeeting. All the aldermen present voting aye,Mayor Patterson declared the motion carried.It was moved by Alderman Morgan, seconded byAlderman Antonow to consider executive sessionfor a possible acquisition <strong>of</strong> property. All thealdermen present voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Antonow, seconded byAlderman Bailey to go into executive session. Allthe aldermen present voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Morgan, seconded byAlderman Antonow to go into regular session. Allthe aldermen present voting aye, Mayor Pallersondeclared the motion carried.It was moved by Alderman Bailey, seconded byAlderman Williams to adjourn the meeting sine-die.All the aldermen present voting aye, MayorPatterson declared the motion carried.I-----c--------:c-:------George G. Patterson, Mayor


114UNITEII)/W)lJ!I~~~ No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226~ATE~FMISSISSIPPII,COUNTY OF LAF A YETTECITY OF OXFORDRECESSED MEETINGCALL TO ORDER:BAPTIST MEMORIALHOSPITAL CON:June 15,20129:00 a.m.Pursuant to the order <strong>of</strong> June 5, 2012 the 1\18)Or and Board<strong>of</strong> Aldermen did meet at 9:00 a.m. on Friday . . .!une 15.2012,in the conference room <strong>of</strong> the <strong>Oxford</strong> Electric Departmentwhen and where the following were present:George "Pat" Patterson - MayorJanice Antonow- Alderman Ward ][JPreston Taylor - Alderman Ward VJason Bailey- Alderman Ward VIBart Robinson-Chief Operations OfficerLisa Carwyle- <strong>City</strong> ClerkDick Cowart with Baptist Memorial H05pital pres~lltedinformation related to the Certificate <strong>of</strong> Need application tothe members <strong>of</strong> the board.IAlderman Williams joined the meeting at this time, therefore a quorum \Vas present.AGENDA:ADVERTISE:EXECUTIVE SESSION:REGULAR SESSION:ADJOURN:It was moved by Alderman Antonow. seconded I"Alderman Williams to adopt the agenda [(lr the meeting.All the aldermen present voting aye. Mayor Pattersondeclared the motion carried.It was moved by Alderman Williams. secopcled hvAlderman Taylor to authorize advertisement f(,r hid for abulldozer for the landfill. All the aldermen present v()tingaye, Mayor Patterson declared the l11otiol1 carried.It was moved by Alderman Williams. seconded bvAlderman Bailey to consider executive 5ession I(n thepossible purchase <strong>of</strong> property. All the aldermen presentvoting aye, Mayor Patterson declared the 111otiol1 carried.It was moved by Alderman Antonow. seconded 11\Alderman Bailey to go into executive se5Sioll. ·\11 thealdermen present voting aye. Mayor Patter50n dec lared themotion carried.It was moved by Alderman Antono\\. secC'nded hvAlderman Taylor to come out <strong>of</strong> executive se55i(lll andreturn to regular session. All the aldernrell present v'otingaye, Mayor Patterson declared the motion carried.It was moved by Alderman Howell. seconded bv ,\Irlennan'Oliver to acliourn the meeting sine-die. \11 the alderme!1present voting aye. Mayor Patterson declmed the Illcotioncarried.IIGeorge G. Patterson, Mayor


I~I115MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226UNITED STATES OF AMERICASf A IE OF IvllSSISS[PPIICOUNTY OF LAFAYETTECITY OF OXFORDREGlILAI( tdEETINClJune 19,20126:00 p.m.C.l.LL TO ORDER:The meeting <strong>of</strong> the Mayor and Board <strong>of</strong> Aldermen<strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, was called toorder by Mayor Patterson at 6:00 p.m. on Tuesday,June 19,2012, in the court room <strong>of</strong> <strong>City</strong> Hall whenand where the following were present:George G. Patterson - MayorNey Williams- Alderman Ward IE.O. Oliver- Alderman Ward IIJanice Antonow- Alderman Ward IIIUlysses Howell- Alderman Ward IVPreston Taylor- Alderman Ward VJason Bailey- Alderman Ward VIJohn Morgan - Alderman at LargeIMayo Mallette PLLC - Of CounselBart Robinson- Director <strong>of</strong> Public WorksLisa Carwyle- <strong>City</strong> ClerkKatrina Hourin- Asst. Dir <strong>of</strong> PlanningMike Martin- Chief <strong>Oxford</strong> Police DeptCary Sallis- Chief <strong>of</strong> Fire DeptLynn Robbins - Supt. <strong>of</strong> Elec DeptRandy Russell- Dir. <strong>of</strong> SanitationAl Hope- Dir <strong>of</strong> Human ResourcesBilly Lamb- Supt <strong>of</strong> Building & GroundsJimmy Allgood- Director <strong>of</strong> Emerg. ManagementBo Ragon- Director <strong>of</strong> <strong>City</strong> ShopIAGENDAI'vlINU1TS:ACCOUNTSCHANGE IN MEETING:It was moved by Alderman Howell, seconded byAlderman Bailey to adopt the agenda for themeeting. All the aldermen present voting aye,Mayor Patterson declared the motion carried.It was moved by Alderman Antonow, seconded byAlderman Williams to adopt the minutes <strong>of</strong> theregular meeting on June 5, 2012, the specialmeeting on June 8, 2012 and the recessed meetingon June 15, 2012. All the aldermen present votingaye, Mayor Patterson declared the motion carried.It was moved by Alderman Howell, seconded byAlderman Morgan to approve the payment <strong>of</strong> allaccounts for the <strong>City</strong>. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried.It was moved by Alderman Morgan, seconded byAlderman Antonow to authorize the change <strong>of</strong> the


116)MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226first meeting in July from Tuesday. Juh J. 2012 toMonday, July 2,2012. All the aldermen l "ting ale.Mayor Patterson declared the motion c8rried.OXFORD RESERVEAND TRUST COMMITTEE:RETIREMENTPROCLAMATION:It was moved by Alderman 1\·lorgan. se':nncled b,Alderman Antonow to authorize the al'>'ointment Pi"Dennis Ford to replace Jack Dunbar, \\ Iwse termexpires August 2012 on the <strong>Oxford</strong> Resene andTrust Committee. This will be a t\\(l ,ear term, Allthe aldermen voting aye. Mayor Patterson declaredthe motion carried.It was moved by Alderman Williams, secollded blAlderman Oliver to appoint Jason Bailey to fill theunexpired term <strong>of</strong> Brad I\la),o. "hose term expiresAugust 2013. on the Oxfi:)rd Rescn'e and TrustCommittee. All the aldermen yoting ale. MalorPatterson declared the Illation carried.It was moved by Alderman Antcl,j('\\. seconded hAlderman Howell to adopt the iClll(llvingproclamation in honor <strong>of</strong> Randy Rll5sell, \11 thealdermen voting aye. Mayor l'atter"'ll declared themotion carried.III


MINUTE BOOCITY OFOF OXFORD117, ,:Jl:Eso£vnO%I\\'hereas, Randall G. Russell has been a valued employee <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>sillce February 9, 1978, establishing himself as a valuable resource and respectedcUlwng not only his fellow workers but the entire <strong>Oxford</strong> and lafayette Countycommunity; and/' ",., -:1: " :'1 J ", , ,_' ,c(;J'lt:,,,,Whereas, Randall G. kussell, With h~s'geJi(;iion, ~owted&f.~!1d abilities hasexcelled while working forthe<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, wheiet-fle>~jfJm )yed as the Solid\\'aSk Deparrment Director; and ~~~n1t\\'hereas, Randall G. Russell's cOli1ptdlensive·khowliigF~~,. <strong>of</strong> his jdlJ,W: '.,JnJssed; and"-'/ "\-'. I·Whereas, R"nclall G. Russell has alwa,ys shown a W 1.lJlLl)'lor proje,CE when needed; ',II\\'hereas, Randall G. Russell has maci~'a . , .commendably high standard <strong>of</strong>seryicnQ it§.fi1E~eIfryexemplary willingness, patieqce-aml c.O\lr1:~sv;."n(:icD~§r)eC,en'eel;Now,through aby the!ULJlLU1~ heThat the Solid Waste Department, Mayor and 13QafQf;W<strong>Oxford</strong> express t leiL§illllff!~~l~E~fi!atJ.elrr<strong>of</strong> the <strong>City</strong> <strong>of</strong>gratitude to:RandatT(i. :RussetThw his work lcl1 behalf <strong>of</strong> the Solid Waste Department and community, we extendto him all the best wishes for a happy and enriching retirement.IBe it further resolved that a copy <strong>of</strong> trus resolution be spread upon the minutes <strong>of</strong>the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> and that a copy <strong>of</strong> same be presented to Randall G, Russell onthis day, the 30th <strong>of</strong> June, 2012.l\layor C;corge G. Patterson Alderman E. O. Oliver Alderman Preston TaylorAlcicrman Ulysses Howell AldermanJanice Amonow AldermanJason Bailey.-\lderman John MorganAlderman Ney Williams


118MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226PARKING REQUESTFROM LYRIC:Bradley Bishop came before the Ma,·c". and Board<strong>of</strong> Aldermen to request use <strong>of</strong> loading 70"~ directl,behind The Lyric on Ilarrison Ihenue and anadditional loading zone on the NE corner (IfHarrison Ave. and S. ll'h Street bet\\ccn 2:30 p.m.and 5:00 p.m. on Wednesday, June 27.2012. The\are also requesting to use the OUT bus lone on theeast side <strong>of</strong> the Square for approximatelY sevent\,­five minutes. The Lyric is hosting a COlJeert on thisday featuring The Flaming Lips and Grace Pott~r.It was moved by Alderman AntnllC1\\', seconded 1:1\Alderman Taylor to grant the parking req,'cst f,'olHThe Lyric. All the aldermen yoting aye, ~ lay-orPatterson declared the motion carried.III


.,june 15, 2012119MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226e Lyric <strong>Oxford</strong> in conjunction with the Viacom family <strong>of</strong> networks MTV, VH 1, and CMT will host ac ncert featuring The Flaming Lips and Grace Potter on Wednesday, june 27, 2012. The show will bert <strong>of</strong> The 0 Music Awards, will be streamed live on VH1.com, and will be broadcast internationally onTV and VHllater this year. A press release outlining the event is attached within this packet.Ilis event as already sold over $35,000.00 worth <strong>of</strong> ticket sales (proceeds are going to charity) and willing Ilundreds <strong>of</strong> visitors from outside <strong>of</strong> <strong>Oxford</strong> to eat in our restaurants and stay in our hotels.vcr the past two months, I have met several times with members <strong>of</strong> the parking committee and policepanment in hopes <strong>of</strong> corning up with a viable plan for the parking and loading/unloading <strong>of</strong> busesld tnilers at The Lyric. Those conversations have been very productive and it is our goal to have ang term solution in place by mid-August.his a very special opportunity for us and The <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, yet one that requires more production andt us llIore loading/unloading space than we would ever typically need. The business is asking for thelard's approval for the following:Beginning at approximately 2:00 PM On Wednesday, june 27, 2012 we are seeking to park one busith a trailer and a TV truck in the loading zone directly behind The Lyric on Harrison Ave. between S.th and S. 11th St. and one bus with trailer in the loading zone on the NE corner <strong>of</strong> Harrison Ave. and S.1 tho Each bus with trailer measures approximately 60' in length and the TV truck measures~ proximately 40' in length. The current law allows thirty minutes for commercial vehicles to load and4nloa


120MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDeMeN,MeR,D"N"'"~~-~II,Courthouse6'(,•'f' .) tj '" 11:00P I -12:30AMisE.sL-SoV>IArrive at 1 PMArrive at 2PMI~ I


4121MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORD DEMENT-MERIDIAN 61-0226SRO AGREEMENT:It was moved by Aldennan Morgan, seconded byAldennan Williams to approve the SRO Agreementwith the <strong>Oxford</strong> School District. All the aldennenvoting aye, Mayor Patterson declared the motioncarried.ILOCAL COOPERATION AGREEMENT AMONG THE CITY OFOXFORD, MISSISSIPPI, AND THE OXFORD SCHOOl DISTRICTREGARDING THE SCHOOl RESOURCE OFFICER PROGRAMTHIS AGREEIVIENT is entered into as <strong>of</strong> the date shown at the end <strong>of</strong> this agreement by the <strong>City</strong><strong>of</strong> O"iord, MISSissippi, a municipality duly authorized, established and existing under the laws <strong>of</strong> theState <strong>of</strong> Mississippi ("the <strong>City</strong>"), and the <strong>Oxford</strong> School District, a separate municipal school districtauthorized, established and existing under the laws <strong>of</strong> the State <strong>of</strong> lVIississippi ("the District")I CG Ilecilvely. "the Pa rtles"). This Agreement is entered in accordance with the provisions <strong>of</strong> Section 17-I13·1 e[ seq <strong>of</strong> the lVIississippi Code <strong>of</strong> 1972, Annotated, as amended ("Interlocal Cooperation Act <strong>of</strong>197 4").WHERAS, the Interlocal Cooperation Act <strong>of</strong> 1974 authorizes any two or more local governmentalunits to enter into a written contractual agreement with one another to jOintly provide services andfacilities and to jointly exercise and carry out power, authority, or responsibility exercised or capable <strong>of</strong>being exercised by a local governmental unit; andWHEREAS, the <strong>City</strong> and the District are local governmental units as defined by MISS. CODE ANN. §17-13-5(a) and are each governed by a Governing Authority as defined by MISs. CODE ANN. § 17-13-5(b);andWHEREI'.5, the <strong>City</strong> has the authority to provide police protection and to receive and spendfunds related to the provision <strong>of</strong> such police protection; andIWHEREAS, the <strong>City</strong> and the District have each found that there is a need for uniformed police<strong>of</strong>ficers ("School Resource Officers") to patrol the buildings and grounds <strong>of</strong> the District, to deter crime atthe schools, to assist the District if a crime occurs on school property or at a school event, and to assistin providing educational training when requested to do so by the District; and1


122Resource Officers whose primary responsibilities will be to patrol the buildings and campuses <strong>of</strong> theDistrict and be on duty at certain extracurricular school functions and will also periorrn the regula Iduties required <strong>of</strong> an Officer <strong>of</strong> the <strong>City</strong>'s Police Department.NOW, THEREFORE, pursuant to the provisions <strong>of</strong> the Interlocal Cooperation f\e' 0' '~9j{,CODE ANN. §§ 21-19-49 and 37-7-321, the approval <strong>of</strong> the <strong>City</strong>'s Board <strong>of</strong> Aldermen by resolution entered1,1Iss~IOn its minutes dated _________ , and the approval <strong>of</strong> the District's Board <strong>of</strong> Trustees rnresolution entered On its minutes dated ________ , the parties do herebv adopt thisAgreement:SECTION I. GENERAL PROVISIONSThis agreement ("the agreement") is entered in accordance with the authorization <strong>of</strong> the InterlocalCooperation Act <strong>of</strong> 1974 as it now appears. All provisions set forth in the Act are incorporated hereinand made a part here<strong>of</strong>. It is the intent <strong>of</strong> the parties to this Agreement that such authority as isgranted by the Act shall be exercisable by the Parties to enable them to accomplish the purposes <strong>of</strong> thisAgreement.ISECTION II. PURPOSEThe purpose <strong>of</strong> this Agreement is to provide authority for the <strong>City</strong> to receive monetarycontributions from the District to assist in funding the positions <strong>of</strong> School Resource Officers to beassigned for duty with the District. This Agreement is also made to provide authority for the <strong>City</strong> toassist in providing such funding and to appoint certain employees <strong>of</strong> its Police Department ("theDepartment") as School Resource Officers ("SROs") in the District's various schools.2I


123 lMINUTE BOeK I


124Officers to the same extent it provides such benefits to its other employees and police <strong>of</strong>ficers. All<strong>of</strong>the <strong>City</strong>'s employment policies shall remain in force with respect to School Resource Officers. No School'Resource Officer shall accept or be paid any compensation from anv source except hi:; 0, he:- regularsalary and benefits through the <strong>City</strong>.The Parties recognize that the duties <strong>of</strong> a School Resource Officer may require the Officer to beIaway from his m her assigned campus during the school day. School Resource Officer' sh,,11 notif\' theschool principal, an assistant principal, or the school <strong>of</strong>fice manager any time the Officer le~\fes his 01"her assigned campus.The Parties recognize that, in the event <strong>of</strong> an emergency or natural disaster. the Chief <strong>of</strong> Policemay order School Resource Officers to perform duties away from their normal on-campus ilssignments.In the event that such temporary reassignments become necessary, the School Resource Officer C"ptain'or his or her designee will inform the Superintendent <strong>of</strong> all reassignments. To the extent possible underthe cirCUmstances, the <strong>City</strong> agrees to provide adequate police protection to the District's vilriouscampuses during any emergency or natural disaster.C. PaymentThe District agrees to reimburse the <strong>City</strong> in an amount equal to the salary and fringe benefitsIpaid to the School Resource Officer Captain and three (3) School Resource Officers. The Districtspecifically agrees to reimburse the <strong>City</strong> for the salaries and fringe benefits for Captain Zampella andOfficers Edge, Sneed, and Thomas. The District recognizes that the salary and benefit levels <strong>of</strong> SchoolResource Officers are set according to the policies <strong>of</strong> the <strong>City</strong> and its Police Department and may not bealtered by the District. In the event that any <strong>of</strong> the above-named <strong>of</strong>ficers are reass"gned, the Districtagrees to reimburse the <strong>City</strong> for the salaries and fringe benefits <strong>of</strong> their replacements. The <strong>City</strong> willinvoice the District for these expenses on an annual basis.4I~ I!


125D. HouWNtlJfrEnBOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226Unless otherwise requested by the Superintendent or the school principal, each School ResourceOliice!"'s norrr,al hours <strong>of</strong> work shall be Monday through Friday. 7:00 a.m. to 3:30 p.m. School ResourceOfh.:ers may aiso be requested to attend various District-sponsored events and extracurricular activitiesI assignments"' me" asslgneo campuses. at other District property, or in other locations. All such additionalshall be approved by the School Resource Officer Captain.1'.11 ave",me rm School Resource Officers shall be requested and approved according to the <strong>City</strong>'spolicies. Schooi Resource Ofiicers may elect to receive "comp time" in lieu <strong>of</strong> overtime pay, but noSchool Resource Officer may accumulate more than 480 hours <strong>of</strong> "comp time." School ResourceOfficers are expected to use "comp time" or take vacation leave any time their assigned schools areclosed 01 recessed for holidays. School Resource Officers who do not use "comp time" during thesetimes will be reassigned to their duties with the CitV's Police Department.The District understands that School Resource Officers may elect to receive either overtime payor "comp time" for overtime worked by submitting appropriate documentation to the <strong>City</strong>'s HumanResources Department. The <strong>City</strong> will compensate School Resource Officers for overtime pay accrued inreceive overtime pay rather than "comp time." The <strong>City</strong> agrees to inform the District <strong>of</strong> any suchelection by any School Resource Officer, and the District reserves the right to restrict the use <strong>of</strong>overtime by any <strong>of</strong>ficer who elects to receive overtime pay rather than "comp time."5I


126A. QualificationsEach applicant for the position <strong>of</strong> School Resource Officer:shall be an <strong>of</strong>ficer <strong>of</strong> the <strong>Oxford</strong> Police Department with at least thre~ (3) vears elfexperience;must be certified by the Law Enforcement Officers Training Academ\,:Imust complete the Basic SRO Training Class within one year <strong>of</strong> his or h'?f initial ;:mplJintnl'C'tltjmust be a volunteer for the appointment;must have the necessary demeanor and communication skills to work with students,parents, and school personnel; andmust possess such other qualifications and traits as deemed necessary by the <strong>City</strong> and theDistrict.Each applicant for the position <strong>of</strong> School Resource Officer Captain:must meet all qualification required <strong>of</strong> a School Resource Officer;must have served as a School Resource Officer for a minimum <strong>of</strong> three (3) years:must be an <strong>of</strong>ficer <strong>of</strong> the <strong>Oxford</strong> Police Department with a minimum rank <strong>of</strong> senior <strong>of</strong>ficer;andImust have supervisory and management experience.B. AppointmentCandidates for School Resource Officer positions shall be interviewed by the <strong>City</strong>'s Chief <strong>of</strong>Police, the School Resource Officer Captain, and the principal <strong>of</strong> the school at which the SchoolResource Officer is to be assigned. No candidate shall be appointed without the approval <strong>of</strong> theschool principal and the Chief <strong>of</strong> Police.6I


127If the DIMtNUTrBeB9C!!)K tNG~c<strong>63</strong> R~'fc~Gf'0()X~R0urce, DEMENT-MERIDIAN 61-0226Officel' Captain is not effectively performing his or her duties and should possibly be removed fromn,s or hel' assignment, the Superintendent shall notify the Chief <strong>of</strong> Police. If the principal <strong>of</strong> aDistrict senool finds that the School Resource Officer assigned to his or her school is not effectivelyIperforll"n~1115 01 her duties, he or she shall notify the District's Superintendent or her designeeand detail his or her complaints. If the Superintendent determines there is validity to theprlflcipal's complaint, she shall promptly advise the School Resource Officer Captain and the Chief<strong>of</strong> Police <strong>of</strong> the principal's complaint.Upon receipt <strong>of</strong> any such request, the Chief <strong>of</strong> Police may schedule a meeting with the SchoolResource Officer Captain, the District's Superintendent, and any other District personnel deemednecessary by the Superintendent in order to attempt to resolve the problem.If no resolution is reached that is satisfactory to the Chief <strong>of</strong> Police, the School Resource OfficerCaptain, and the Superintendent, the Chief <strong>of</strong> Police will transfer the School Resource Officerfrom the school and a replacement School Resource Officer shall be sought.The chief <strong>of</strong> Police retains the discretion to reassign any School Resource Officer at any time.IThe Chief <strong>of</strong> Police will attempt to avoid reassignments in the middle <strong>of</strong> a school year. Any SchoolResource Officer who wishes to be reassigned shall inform the School Resource Officer Captain <strong>of</strong>that request in writing.SECTION VI. DUTIES AND RESPONSIBILITIESA. School Resource Officer DutiesThe School Resource Officer shall:be familiar with his or her assigned District campus and its administration, staff, students,and faculty.7I


128rsuch action.give assistance to other law enforcement <strong>of</strong>ficers in matters related to his or hei sellOolassignment!s) whenever necessary.act as an instructor for specialized, short term programs at the 5:::-hool 2S reQUest:>c1 b\ theschool principal.Iserve as a guest speaker when requested bV the school principal.coordinate all <strong>of</strong> his or her activities with the school principal and affected staff membersand seek permission and guidance before enacting any program at the school.attend parent/faculty meetings as requested in order to solicit support and understanding<strong>of</strong> the School Resource Officer program.be available to conference with students, parents and faculty members in order to assistthem with problems <strong>of</strong> a law enforcement or crime prevention nature. Confidentialinformation shall not be disclosed except as provided by law or court orcier.make necessary referrals to community agencies <strong>of</strong>fering assistance to stucients and theirfamilies such as: mental health clinics, drug treatment centers, etc.assist the school principal and staff in developing plans and strategies to prevent andImanage potentially dangerous situations.adhere to <strong>Oxford</strong> Police Department policy with respect to any a nd all formal policeactivities.assist with lunchroom duties or hall monitoring duties when there is a pattern <strong>of</strong> crime in aarea or when requested by a school principal or assistant principal.provide assistance and police protection at school-related events and extracurricularactivities.8I


I~129findings to the school principal, the District's Superintendent, and the Chief <strong>of</strong> Police forcorrective actions.Assist in day-ta-day operations to ensure safe and orderly schools.I5. ScroD:>i ResourcE: Officer Captain DutiesThe School Resource Officer Captain shall have the same duties as i3~ch661~esourceOfficer;-aswei: as lhe following duties:The School Resource Officer Captain is responsible for the immediate supervision,schedullllg, and training <strong>of</strong> all School Resource Officers.The School Resource Officer Captain shall assist School Resource Officer, G.R.E.A.T. Officers,night security <strong>of</strong>ficers, and School Safety Officers as needed.The School Resource Officer Captain shall promptly notify affected school principals <strong>of</strong> anychanges to the School Resource Officer schedule.The School Resource Officer Captain shall maintain an Incident Log and provide monthlyreports to the District's Superintendent.IThe School Resource Officer Captain shall approve School Resource Officer reports andmonitor all School Resource Officer activity to ensure compliance with all <strong>Oxford</strong> PoliceDepartment policies.The School Resource Officer Captain shall serve as liaison to the District. All complaints orproblems with a School Resource Officer shall first be brought to the attention <strong>of</strong> the SchoolResource Officer Captain through the Superintendent or her designee.The School Resource Officer Captain shall maintain detailed and accurate records <strong>of</strong> theoperations <strong>of</strong> the School Resource Officer Program, and shall submit any other reports asrequired by District Staff.9I


130c. MINIJI~nBQQK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226The District shall provide each full-time School Resource Officer with:Access to a heated and air-conditioned private <strong>of</strong>fice that is properly lighted and contains atelephone which may be used for general business purposes.A desk with drawers, a chair, a lockable file cabinet, <strong>of</strong>fice SLlppn~S compl!te:- '::lIlc: comf)ut",1 !supplies when needed.IA school radio.SECTION VII. GENERAL PROVISIONSA. Extension and AmendmentThis Agreement shall terminate at the end <strong>of</strong> the 2012-2013 school year unless the Parties bothagree to extend it The Parties may terminate or amend this Agreement earlier, but only withapproval <strong>of</strong> the governing authorities <strong>of</strong> both Parties. Any amendments must be approved bythe Attorney General <strong>of</strong> the State <strong>of</strong> Mississippi.B. ApprovalThe District and the <strong>City</strong> have each approved the entering into <strong>of</strong> this Agreement by resolutionentered on the minutes <strong>of</strong> the governing authorities,IC. Laws in EffectUpon approval <strong>of</strong> this Agreement by the Attorney General <strong>of</strong> the State <strong>of</strong> Mississippi. the <strong>City</strong>and District will be authorized to implement this Agreement; provided, however, all laws inregard to purchases, auditing, depositories and expenditures in general which limit the authoritYI<strong>of</strong> the <strong>City</strong> and District shall continue to apply.II10I


131D. Rights iMINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61-0226Nothing in this Agreement shall be construed to abridge any <strong>of</strong> the rights, privileges, andimmuilities enjoyed by the governmental entities and public <strong>of</strong>ficials which are parties hereto.E. SeverancEIIf an\, parr. term or provision <strong>of</strong> this Agreement shall be held illegal, unenforceable or in conflictwith am' law <strong>of</strong> a federal, state or local government having jurisdiction over this.4greemem, the validity <strong>of</strong> the remaining portions or provisions shall not be affected thereby.F. Entirc AgreementThe agreements set forth herein constitute the entire agreement by and between the Districtand <strong>City</strong>.G. Applicable LawThis Agreement is governed by Mississippi law.H. OrganizationThis Agreement creates no new board, agency or entity <strong>of</strong> any kind.I. Joint propertyIThis agreement creates no joint property not existing before its execution.J. LiabilityEach Party to this Agreement shall assume responsibility for any acts <strong>of</strong> negligence which maybe attributed to it or its employees or agents, to the extent authorized by MISS. CODE ANN. §§ 11-46-1 et seq. <strong>of</strong> the Mississippi Code <strong>of</strong> 1972, Annotated, as amended; the Mississippi Tort ClaimsAct, and any other applicable federal, state, or local laws or regulations. Nothing in thisAgreement shall be construed as an obligation by either party to indemnify the other that wouldnot be authorized under applicable law.11I


132r-herein indicated.BOARD OF TRUSTEES OF OXFORD SCHOOl D!STRIq:TBy:------------------DR. BELA 1. CHAI~, JR., PP,E5I[)ElJTIDate _________________ _Attest:Date: ________________________ _State <strong>of</strong> MississippiCounty <strong>of</strong> LafayettePersonally appeared before me, the undersigned authority in and for the jurisdiction aforesaid,DR. BELA J. CHAIN, JR., who, being first duly sworn, states under oath that he is the President <strong>of</strong> the Boa d<strong>of</strong> Trustees <strong>of</strong> the OXFORD SCHOOL DISTRICT, who acknowledged before me that he signed, seilled anddelivered the foregoing INTERLOCAL AGREEMENT for and on behalf <strong>of</strong> the OXFORD SCHOOL DISTRICT after Ibeing first authorized to do so,GIVEN under my hand and <strong>of</strong>ficial seal <strong>of</strong> <strong>of</strong>fice on this the __ day <strong>of</strong> ____ , 2012.IMy Commission Expires: _________ _Notary Public12I'II... rl


133MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61-0226--------~----ICITY OF OXFORD, MISSISSIPPIBy: GEORGE PATTERSON, MAYORDate: ______________ ___Attest:Date: ________________ _State <strong>of</strong> MississippiCounty <strong>of</strong> LafayetteIPersonally appeared before me, the undersigned authority in and for the jurisdiction aforesaid,GEORGE PATTERSON, who, being first duly sworn, states under oath that he is the Mayor <strong>of</strong> the <strong>City</strong> <strong>of</strong>Oxtord, Mississippi _ and who acknowledged before me that he signed, sealed and delivered theforegoing INTERLOCAL AGREEMENT for and on behalf <strong>of</strong> the CITY OF OXFORD, MISSISSIPPI, after being fi rstauthorized to do so.GIVEN under my hand and <strong>of</strong>ficial seal <strong>of</strong> <strong>of</strong>fice on this the __ day <strong>of</strong> _____ , 2012.My Commission Expires: ______________ ___Notary Public13I


134MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226--lHISTORIC PRESERVATIONCOMMISSION:Mayor Patterson announced the vacann on theHistoric Preservation Commissinn.IiFARMER'S MARKETGRANT:PRELIMINARY AND FINALPLAT:Lynn Wilkins carne before the Ma\,'r and l3(lcrd <strong>of</strong>Aldermen to request the recipient <strong>of</strong> the USDAFarmer's Market Grant be changed frolll O:delrdPark Commission to the <strong>City</strong>. The Local Priv81elegislation requested by the <strong>City</strong> which would allowthe OPC to run a Farmer's Market was notapproved by the state. Pope Mallette repC'I'ted therewas an old statute that would allm\ for" <strong>City</strong> ill runa curb market. The other legal option 'wldd I-e fe)!'the <strong>City</strong> to donate funds to a certified Fanner'sMarket. The USDA grant excludes cal'iw!expenditures for the market. Mone\ nc~ds !p hespent in the month <strong>of</strong> June hom the grant. I f the<strong>City</strong> accepts the grant it is agreeing to (ll\'n a11'1operate a farmer's I\larket.It was moved by Alderman Morgan, seconded b\Alderman Antonow to accept the USD,\ Grant andto operate a Farmer's Market. Ihe vote \\as asfollows:Voting Aye- Morgan, Bailey, AntonoY', \\ i I! i"1115and TaylorVoting No- Oliver and HowellMayor Patterson declared the motion carried.It was moved by Alderman Antono\v, seconded h\Alderman Bailey to approve the preliminan 811'.1final plat for Old Town Shopping Center .. \11 thealdermen voting aye. Mayor Pattersclll (lec!? .. ed themotion carried.III


,I ~135MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226/1/··I!1i\!p_=¥Il.i=- "~!~rI);


136MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226l'ABANDONMENT OFNORTH 4tH STREET:There has been a request li'olll a dn'el')p~r If'r the<strong>City</strong> to abandon a portion <strong>of</strong> North 41h Strp~1. I hiswould allow development 011 bOlh sides <strong>of</strong> thecurrent street. Bart Robinson h~s talkeu \',itlt theSchool District and they have no objections tu theabandonment <strong>of</strong> the street. IIarrison F \'81lS,property owner adjacent to the street. sac's he'stalked with the developer and thev will gi\ e himaccess and the development \ViII help "ilh gradeproblems he currently has 011 his propert\,IIIThe aldermen discussed waiting until site planapproval before fm1her considering al'3nclolllnent <strong>of</strong>North 41h Street.II


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13871I,I1I'I,"MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORD:~=~~~~~ DEMENT-MERIDIAN 61·226,rSum <strong>of</strong> AmountAcctTy Acel400401402403408415416417419421426427426431--Total RevenueiT otal E!eenses,,-ELECTRIC DEPARTMENTBUDGET:1, , OXFORD ELECTRIC DEPARTMENT!, IiProposed Budget 2013• - - I!It was moved by Alderman Hmwll. sec-owle(i b,Alderman Morgan to adopt the f()lIo\\ing Fle';t':i"Department budget for 2013. All the 81depllfTlvoting aye, Mayor Patterson declared the J1lotinllcarried.440 $8,699,802 400440·2000 RESD SALES441 $4,949,793 400441-0000 SMALL LlGHT&POWER4" $9,372,873 400442-0000 LARGE LlGIH&POWf;'R"4 $556,700 400444_0000 STREF.T & ATII LIGHT444.1 $201,678 400444-1000 OUTDOOR UGHT450 $151,032 400450-0000 FOR DISCOUNTS451 $148,981 400451-0000 Mise SER REV!COLL·REcor~454 $83,971 400454_0000 RENT/PROPERTY456 $56 $24,164,887 400456-0000 OTHER REV555 $18.'29~,Q~~ j $18,299,085 401555-0000 PURCHASED rOWER5BO$112,288 1 401560-0000 OrERATIN(, EXPENSFOS & EI-IGII-JEFf:;IIJG58'1$26,673 ',! 401582-0000 orER-STMIOtJ roXPEIlSE1583$7-,i~~ ,: 4015B3-0000 Ot'ER-OVERfiEAD uriE EXPEHSF:584 $) 62 1401584-0000 OPER UD IINF: EXPENSE5B5 ,,$30~ : , 4015B5-0000 OPER-STREF:T LlGHTiSIGIl,\L EXPEI!SE5B6 ! $85,417I401586-0000 OPER-METER EXPENSE567 $12,i91 I 4015B7 -0000 OPER-CUS1INsrALLATIONISFCURIT'y EX,5B8 $~~,~5? 4015BB-0000 OPER-MISC DISTRIBUTION EYP5B9901,i$7,046 ' $291,148 4015B9·0000 OPER-Rnns,$6,060 ',401901-0000 OPER-CUSTOMER SUPE:f


.,8139IMINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61-0226IVPP.'\ CElnlFIED POWERLXECUTlVt COURSE:PROPERTY!tYIDENCEROOrvl t,L\NAGEMENT:It was moved by Alderman Morgan, seconded byAlderman Antonow to authorize the AssistantSuperintendent to travel to Nashville, TN on July17-18,2012 at a cost <strong>of</strong> $1462.00 for the TVPPACertified Power Executive Course. All (healdem1en voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Bailey, seconded byAlderman Howell to approve two <strong>of</strong>ficers to attendProperty/Evidence Room Management training onJuly 23-24,2012 in Ridgeland, MS at a cost <strong>of</strong>$430.00. All the aldermen voting aye, MayorPatterson declared the motion carried.I,OC SPiny INSTRUCTORCOURSE:It was moved by Alderman Bailey, seconded byAlderman Morgan to approve two <strong>of</strong>ficers to attendthe OC Spray Instructor Course on August 2, 2012in Moorhead, MS at a cost <strong>of</strong>$350.00. All thealdermen voting aye, Mayor Patterson declared themotion carried.IIt was moved by Alderman Antonow, seconded byAlderman Morgan to accept the retirement <strong>of</strong> Ass!.Chief Rex Hollowell and to read his retirementresolution. All the aldermen voting aye, MayorPatterson declared the motion carried.ILrv] I' LOYf\] I'NT:ADVLRTISFlVlENT:1f\]PLOY]\ILNT LAW:PROI\]( i liONS:It was moved by Alderman Williams, seconded byAlderman Morgan to authorize the employment <strong>of</strong>Morgan Pennington as Executive Assistant to theMayor with a salary <strong>of</strong> $30,215.26. All thealdermen voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Howell, seconded byAlderman Bailey to authorize the advertisement fora pool <strong>of</strong> firefighters. All the aldermen voting aye,Mayor Patterson declared the motion carried.It was moved by Alderman Howell, seconded byAlderman Antonow to authorize travel for twoHuman Resource employees to attend theEmployment Law Seminar in Biloxi, MS on August9-10,2012 with a cost <strong>of</strong> $1800.00. All thealdermen voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Antonow, seconded byAlderman Williams to authorize the promotion <strong>of</strong>Rob Neely from Assistant Superintendent toSuperintendent <strong>of</strong> the Electric Department with asalary <strong>of</strong> $85,071.55. It was also moved toauthorize the promotion <strong>of</strong> Russell Robertson fromServiceman to Service Department Supervisor witha salary <strong>of</strong> $43,65920. All the aldermen votingaye, Mayor Patterson declared the motion carried.


140 9MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226EXECUTIVE SESSION:PURCHASE OF PROPERTY:REGULAR SESSION:It was moved by Alderman Morgan. secol\d~d I"Alderman Bailey to consider executi\e sessinll ir.Jrone personnel issue and acquisition nfpwpertL ;\11the aldermen present voting aye. l\lay(n Pattersondeclared the motion carried,It was moved by Alderman Morgan. sccr)nried ),\Alderman Howell to go into execllti\c se"i"" .\11the aldermen present voting aye. 1\'!RVflr r"llel,,'ndeclared the motion carried.It was moved by Alderman M(H!wn. se'!owled I,\,Alderman Bailey to authorize cOlln,eL POI'eMallette, to extend a proposed contract tt' 1kHzProperties for purchase <strong>of</strong> propert\'. :\ 11 thealdermen voting aye. Mayor Patterson declared themotion carried.It was moved by Alderman Antono,,'. sCC


141MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0225UNITED STATES OF AMERICASTATI' OF tvllSSISSIPPIICOUN lY OF LAFAYETTECITY OF OXFORDREGULAR MEETINGJuly 2, 20126:00 p.m.C'.-\LL TO OIWER:The meeting <strong>of</strong> the Mayor and Board <strong>of</strong> Aldermen<strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, was called toorder by Mayor Patterson at 6:00 p.m. on Monday,July 2,2012, in the court room <strong>of</strong> <strong>City</strong> Hall whenand where the following were present:George G. Patterson - MayorNey Williams- Alderman Ward IE.O. Oliver- Alderman Ward IIJanice Antonow- Alderman Ward IIIUlysses Howell- Alderman Ward IVPreston Taylor- Alderman Ward VJason Bailey- Alderman Ward VIIMayo Mallette PLLC - Of CounselBart Robinson- Director <strong>of</strong> Public WorksLisa Carwyle- <strong>City</strong> ClerkTim Akers - Dir <strong>of</strong> PlanningMike Martin- Chief <strong>Oxford</strong> Police DeptCary Sallis- Chief <strong>of</strong> Fire DeptRob Neely- Supt. <strong>of</strong> Elec DeptEddie Anderson- Dir. <strong>of</strong> SanitationAl Hope- Dir <strong>of</strong> Human ResourcesBilly Lamb- Supt <strong>of</strong> Building & GroundsJimmy Allgood- Director <strong>of</strong> Emerg. ManagementIAGENDA:1\IINurES:ACCOUNTS:-Ilh OF JULY:It was moved by Alderman Howell, seconded byAlderman Williams to adopt the agenda for themeeting. All the aldermen present voting aye,Mayor Patterson declared the motion carried.It was moved by Alderman Antonow, seconded byAlderman Howell to adopt the minutes <strong>of</strong> theregular meeting on June 19,2012. All the aldermenpresent voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Antonow, seconded byAlderman Howell to approve the payment <strong>of</strong> allaccounts for the <strong>City</strong>. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried.It was moved by Alderman Oliver, seconded byAlderman Howell to authorize a $2,500.00contribution to the 4th <strong>of</strong> July committee. All the


142I~---IIMINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61-226PROCLAMATION:aldermen present voting aye, l\layor P8((er~()Jldeclared the motion carried.It was moved by Alderman AntonOl\_ sec(,"ded b\Alderman Williams to adopt retirementproclamations for Wayne Hanks and f\like (,(,llinsin the Police Department. All the al,leilllen presentvoting aye, Mayor Patterson declared the Illoti,,,]carried.IHISTORIC PRESERVATIONCOMMISSION:HISTORIC PRESERVATIONCOMMISSION:OXFORD RESERVE ANDTRUST COMMISSION:It was moved by Alderman A11tono\\ _ sec(lnded b\Alderman Williams to reappoint Sonia Thnll]!'s,)r!.Brian Hyneman. and .letT Asti to the IlistoricPreservation COlllmission. All the aldermen I'reselltvoting aye, Mayor Patterson declared the 1]1'.'tioncarried.It was moved by Alderman Antol1o\-,. secorv.lc(i I"Alderman Williams to appoint C8mh,:c \'an,,'11 tilthe Historic Preservation Commissir'll. ;\11 til':aldermen present voting aye. Ma\or Fa((ersondeclared the motion carried.Eddie Aune came before the Ma\or awl Buard (lCAldermen to report on the <strong>Oxford</strong> Reserve andTrust Fund. The year end <strong>of</strong> the truSl ;S ;vlarch 3 ,_2012_ The trust was established on i\Ugust 9_ 2011but the funds were only invested with (i1enmede fora few days before the fiscal year end. lhe halanceon March 31,2012 was $JO.123_79cj(l/)II


.,MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORD143DEMENT-MERIDIAN 61·0226IClTY OF OXFORD MUNICIPAL RESERVE AND TRUST FUNDFIRST ANNUAL REPORT OF THE BOARD OF TRUSTEESMARCH 31,2012II


144M_I_N_U_T_E_B~O~O~K~N~O~.==c=6~3~, C~I~T~Y~O~F~O~X~F~O~R~D~=DEM=EN'M=ER'D="N~"226. .. CQm~mS IIPagers}Letter <strong>of</strong> Transmittal from Board <strong>of</strong> Trustees 2Independent Accountants' Compilation Report 3Statement <strong>of</strong> Assets, Liabilities and Trust Equity - Cash Basis 4IStatement <strong>of</strong> Support, Revenue, Expensesand Changes in <strong>of</strong> Trust Equity - Cash Basis 5Statement <strong>of</strong> Cash Flows 6Notes to Financial Statements 7-9I- I -I


,II~LETTER OF TRANS MITT AL1451MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORD DEMENT MERIDIAN 61 0226----------.---,----- --'---1Board <strong>of</strong> Trustees <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> Municipal Reserve and Trust Fund<strong>Oxford</strong>, MississippiJune 19,2012'To he Governing Amhorities <strong>of</strong> tile <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>,IWe have the honor <strong>of</strong> transmitting to you the First Annual Report <strong>of</strong> the Board <strong>of</strong> Trustees <strong>of</strong> the <strong>City</strong> <strong>of</strong>o 0fJ Mlmicipal Reserve and Trust Fund covering the period August 9, 2011 through March 31, 20 Ii.Respectfull y,ULYSSES HOWELL, ChairmanLAWRENCE CHANDLER, Vice-ChairmanJASON BAILEY, Alderman TrusteeKAYE BRYANT, Nonalderwoman TrusteeREX DELOACH, Nonalderman TrusteeJACK DUNBAR, Nona1derman TrusteeGEORGE PATTERSON, Mayoral TrusteeJIM RAYNER, Nonalderman TrusteeDENNIS TOSH, Nonalderman TrusteeI- 2 -! T IS Fir:"!.t Annual RcpOJ1 <strong>of</strong> rhe BoarJ <strong>of</strong> Trustees <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> Municipal Reserve and Trust Fund is for the periodbeg ning August 9 _ lCJ 11, the effecrive date <strong>of</strong> the trust agreement, and ending March 3), 2012, the last day <strong>of</strong> the Trust's fiscal year.I


146Telephone: 661-181-8900Fax: 661-181-8977Aune CPA FirmMINUTE BOOK~Ie.&8~I£1~~nOii OXFORDDEMENT-MERIDIAN 61·226821}- NOi ria LaHttlJ Blvd, -Sulfe 3<strong>Oxford</strong>, MS 38655email: edd;e(ji\atmecprt. ('nmwebsite: WWn".Qflnecr(J,("f?""1IIINDEPENDENT ACCOUNTANTS' COMPILATION REPORTTo the Board <strong>of</strong> Trustees<strong>City</strong> <strong>of</strong> <strong>Oxford</strong> Municipal Reserve and Trust Fund<strong>Oxford</strong>, MississippitWe have compiled the Statement <strong>of</strong> Assets, Liabilities and Trust Equity - Cash Basis <strong>of</strong>the <strong>City</strong> 'J[<strong>Oxford</strong> ,Municipal Reserve and Trust Fund as <strong>of</strong> March 31, 20 I 2 and the related Statement <strong>of</strong> Support. Revenues.Expenses and Changes in Trust Equity - Cash Basis and the Statement <strong>of</strong> Cash Flows and for the period th .ended. We have not audited or reviewed the accompanying financial statements and, Hccnrdinglv. do 110t 'express an opinion or provide any assurance about whether the financial statements are ip H',conlance with thecash basis <strong>of</strong> accounting.IManagement is responsible for the preparation and fair presentation <strong>of</strong> the financial statements ;p accmdan1~with the cash basis <strong>of</strong> accounting and for designing, implementing, and mainta.ining internal control r"leva~ tothe preparation and fair presentation <strong>of</strong> the financial statements.IOur responsibility is to conduct the compilation in accordance with Statements for Accounting and Rev'iewServices issued by the American Institute <strong>of</strong> Certified Public Accountants. The objective <strong>of</strong> a compilation is toassist management in presenting financial information in the form <strong>of</strong> financial statements n-ith'l'Jt undertakimgto obtain or provide assurance that there are no material modifications that should be made t,l the financialstatements.A-~IV- CP4 '1-~Aune CPA FirmCertified Public Accountants<strong>Oxford</strong>, MississippiJune 28, 2012I- 3 -I


CITY OF OXFORD MUNICIPAL RESERVE AND TRUST FUNDSLo. TH~f.r<strong>of</strong>EEEt6~~~et'Y~C1*Ft::MD147.,DEMENT-MERIDIAN 61·0226IC ash and Cash EquivalentsInvestments - iVlctfketable Securities (Note 2)Pltpdid BG"d tlltaest (Note 2)To[al Assets$ 507,67529,526,61589,504$ 30.123.794Liabilities and Trust Equitysf illS! Ell ui ty 30,123,794Tutai Liabilities and Trust Equity $ 30.123,794ISee ccornpanying notes and accountants' report.·4-I


148CITY OF OXFORD MUNICIPAL RESERVE AND TRUST FlIl'jJ)MIN UTI!ABe0Ko~rI6tal,ea~lcaf'E(~)~ORtIi)DEME"ME"'D''''',,"~~~~~~~-CHANCES IN TRYST EQUHY C,\811 8A%f8 . - ---FOR THE PERIOD AUGUST 9, 20 I I (inception) THROUGH MARCH 31. 2012Support and Revenue:Interest and dividend income $ 35,808Net gains on sale <strong>of</strong> marketable securities 1,195Total Support and RevenueExpenses:Management and general (Note 3)37,003INet Earnings - Cash Basis 37,003Other additions to Trust Equity:Proceeds received from Baptist Memorial Hospital 30,000,000Unrealized gain on marketable securities, net (Note 2) 86,791Distribution to <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> (Note 4)Trust Equity, March 31, 2012 $ 30.123.794ISee accompanying notes and accountants' report.- 5 -I


149DEMENT-MERIDIAN 61-0226IC .. i t1Cnl'S ftoJili <strong>of</strong>."a'"tillg at:tivities:01ci -';hUlii:lgs $ 37,003.~jjUS[hlCIH tOt lIul1cash items:~id loss (gain) on investments ( 1,195}Cash pfOvided by operations 35,808C'" t rj(Hl'S t:n:.Hh i.lvc;~ti.ilg activities:Proceeds from sale <strong>of</strong> investments 128,279Purchase <strong>of</strong> marketable securities (29,566,908)P(cpaid bond ilHerest purchased ( 89,504}Cash requir.::d by investing activities (29,528,133}Canun'S '.UlU iin&fttlng activities:Proce.o..is ffOm Haptis! Memorial Hospital 30,000,000Net ncrca6~ in cash and cash equivalents 507,675Cas 1 and ~ash e;qliiviiicflts, beginning <strong>of</strong> yearCas 1 anJ C'a611 c:qui Valcu(S; tod <strong>of</strong> year :L 507675I- 6 -I


150CITY OF OXFORD MUNICIPAL RESERVE AND TRUST rUNDMINUTE BOO~ Notf69;vGtTAY (i)fhQHORD DEMENTMERIDIAN"'"~~~~- ..... .. - MAR€II J I, 21HZ ..... ~. ~~~~= 1NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING PRINCIPLESOrganization and Nature <strong>of</strong> ActivitiesrlThe <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> Municipal Reserve and Trust Fund (the Trust) was formed pursuant to Senate Bill 312., asapproved by the Governor and the State <strong>of</strong> Mississippi on April 6,2011 (the Act), and the related TrustAgreement made and entered into effective as <strong>of</strong> August 9, 2011, by the Governing Anthorities "fthe Cit)! <strong>of</strong><strong>Oxford</strong>, Mississippi. The purpose <strong>of</strong> the Trust is to fulfill the obligations <strong>of</strong> the Goveming Authorities underthe Act for the benefit <strong>of</strong> the people <strong>of</strong> the <strong>City</strong> and the continued improvement and m"inten"J)c~ <strong>of</strong> the <strong>City</strong>,and for providing for the fiscal security and sustained revenue for the <strong>City</strong> and its citi7,~I1


151CITY OF OXFORD MUNICIPAL RESERVE AND TRUST FUNDMINlIfEEb~ F ~1'¥'O'P OXFORDDEMENT·MERIDIAN 61-0225NC ftC 2 = li'lYtC2:fj\iENTS-MARKETABLE SECURITIESIIn" stm~.lts in mMkctable securities consist <strong>of</strong> the following:Corporatc!Government fixed income fundsIwernational fixed income funds["I!Oc Uip equity fundsS".all ~ai' eguity fundsIll(cfl1a(iGl1£ll equity fundsAt Cost$ 16,453,5802,200,0006,436,0251,160,4353,189,784$ 29.439,824Market ValueMarch 31, 2012$ 16,453,7572,213,0466,511,2661,172,18<strong>63</strong>,176.360L29,526,615Ma ke[ values ace exclusive <strong>of</strong> accrued interest and dividends <strong>of</strong>$ 98,806 and were obtained from themv stmel.t .i' •• rodger's March 31, 2012 quarterly report.Cu ent year gah,s (losses) on investments consist <strong>of</strong> the following:Realized gains on sale <strong>of</strong> securitiesRealized losses all sale <strong>of</strong> securitiesUnrealized gains on securities, net$ 1,656( 461)86,791Net investment gain$ 87.986IUp 'n purchase <strong>of</strong>vallOUS bonds, the Trust paid $ 89,504 for interest earned but yet not paid as <strong>of</strong> March 31,201 . "fhb interest wlll be received by the Trust on the next scheduled interest payment dates <strong>of</strong> the respectivebon s.INO £ 3 - i\tANAGIi:M£NT AND GENERAL EXPENSESTh- rlust ll.cue.cd ad"lir.islfation expenses in the amount <strong>of</strong> $521 during the reporting period related topub iCall"iI ,,!, tt.~ Rey"es[ ior Proposals for Investment Management Services in the Northeast MississippiDai JOllfJiaJ ,Hid tile <strong>Oxford</strong> Eagle, and space and services at the <strong>Oxford</strong> Convention Center and Visitor'sBm all t'Jr the ilUc(vicw <strong>of</strong> finalist Investment Management firms. Pursuant to a resolution <strong>of</strong> the Board <strong>of</strong>AId fr.lt)i aaoplCJ on August 16, LOll, the Board <strong>of</strong> Aldermen paid the administration expenses as incurred,and he Baaed "fTmscees shall reimburse the Board <strong>of</strong> Aldermen for this expense.Th' Tl1lst incurred attorney fees in the amount <strong>of</strong>$26,707 during the reporting period. Pursuant to a resolution<strong>of</strong> t e Board at' Alden,le., adopced on August 16, 20 II, the Board <strong>of</strong> Aldermen paid the attorney fees asme red, a(hi tl,e Board <strong>of</strong>'frustee, shall reimburse the Board <strong>of</strong> Aldermen for this expense.Co i,leHt with the cash method <strong>of</strong> accounting, these expenses will be recognized in the Statement <strong>of</strong> Support,Re "nlle alld Expellses in the peric,d in which the Trust reimburses the <strong>City</strong>.- 8 -I


152CITY OF OXFORD MUNICIPAL RESERVE AND TRL~T F!,LNDMINUTE BOOK "NOtI~.GtlAY 6ffiQKJTuRuDEMENT-MERIDIAN 61-226.---~~===~~- MARCH 3~,2(:H2NOTE 4 - DISTRIBUTION TO CITY OF OXFORDPursuant to the Trust Agreement, the Board <strong>of</strong> Trustees is required annually to calculate fhe eB,ningsIcomponent as defined in the Trust Agreement and report such earnings to the Governing I\uth('rities. Theearnings component is considered to be an amount equal to three percent (3%) <strong>of</strong> the am,)"", <strong>of</strong> the Full FInd.After calculating the earnings component, the Board <strong>of</strong> Trustees is authorized to expend IToln the earnings Icomponent amounts required in connection with the management by the Board <strong>of</strong> Trtlstees <strong>of</strong>th" Fund,including, but not limited to, payments for accounting fees, legal fees, consulting fe,"s. and IIJ'e'trnentManagers or Fund management fees. The Board <strong>of</strong> Trustees is required to report to the Governing Authoritiesthe earnings component and the expenditures therefrom on or before July ]st, and thereafkr the fundscomprising the earnings component shaH be transferred from the Fund to the general fund <strong>of</strong> the <strong>City</strong> at tht[direction <strong>of</strong> the Clerk and shall be available for appropriation and spending by the Governing Allthorities. IIAs described in note 3 above, the Board <strong>of</strong> Aldennen paid the administrative expenses and att'.orney fees o~ theTrust Fund in its first fiscal year. Pursuant to a resolution <strong>of</strong> the Board <strong>of</strong> Aldennen adopted OJ) August ]6,2011, the Board <strong>of</strong> Trustees will reimburse the Board <strong>of</strong> Aldennen for these expenses and add these to theexpenses to be deducted from the earnings component in the Second Annual Report <strong>of</strong> the Board <strong>of</strong> Trustees <strong>of</strong>the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> Municipal Reserve and Trust Fund. jPursuant to the Trust Agreement, no distribution is due to the Governing Authorities until the fiscal year a'. erthe year in which the Fund is established.',I- 9 -I


3153MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226IFIRST AI\II'NDED AND RESTATEDIRUST .... Glz EEI\IENT:It was moved by Alderman Oliver, seconded byAlderman Bailey to adopt the first amended andrestated Trust Agreement with the <strong>Oxford</strong> Reserveand Trust Committee. The changes in the trustagreement mirror the changes made in the LocalPrivate Legislation. All the aldermen present votingaye, Mayor Patterson declared the motion carried.II


154THIS FIRST AMENDED AND RESTATED TRUST AGREEl\IFNI i, h~rcb\ madE;and entered into effective as <strong>of</strong> this the day <strong>of</strong> .2012. h' th~ (;()~ f1nin~Authorities <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi.IWITNESSETH:WHEREAS, the Governing Authorities <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>. I\liss;"irpi. executed theTrust Agreement <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> Municipal Reserve and Trust Fund '''' ,\ ugus' q. 20 II.:and the Trust Agreement was thereafter accepted by the Board <strong>of</strong> Trustees:IWHEREAS, the Local and Private Act, Chapter 928. Local and Priqte Laws <strong>of</strong> 21) I Lwhich authorized the Governing Authorities <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi. tIl estahlish the<strong>City</strong> <strong>of</strong> <strong>Oxford</strong> Municipal Reserve and Trust Fund was amended in the 2012 Rcgul 8!" Session ('I,the Mississippi Legislature by passage <strong>of</strong> House Bill No. 1683. \\hich \\q, ,igncd b, theGovernor <strong>of</strong> the State <strong>of</strong> Mississippi on May 9, 2012. and is effective and ill f('r',~e fr(llll and atierits passage;WHEREAS, the Governing Authorities <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>. I\li"issippi. desire tollamend the terms <strong>of</strong> and restate the Trust Agreement in order to conform the I rllsl Agreementiwith the amendments to the Local and Private in House Bill No. 1683 a, approleel In' the lGovernor <strong>of</strong> the State <strong>of</strong> Mississippi; andWHEREAS, Section 7.5 <strong>of</strong> the Trust Agreement provides that the Tnr,t A,urccnlPnl nw,be amended in writing at any time upon a Majority Vote <strong>of</strong> the Board <strong>of</strong> ,\ Idcnw", ",it], (heapproval <strong>of</strong> the Mayor but only to the extent consistent wilh the Act and an' "Ill~ndmenl'llthereto.IiNOW, THEREFORE, in consideration <strong>of</strong> the premises. terms. conuilions and ('(1\enants,contained herein, it is hereby agreed as follows:IARTICLE IDEFINITIONSAs used in this Trust Agreement, unless a different meanlllg clemlv appears 1ncontext, the following terms shall have the following meaning:1.1 "Act" shall mean Chapter 938, Local and Private Laws <strong>of</strong> 2(111. '" alll ended h\House Bill No. 1683 as approved by the Governor o[the State <strong>of</strong>Missi"ippi OIl ~Ia\ 'I. 2(112. ,1.2 "Board" or "Board <strong>of</strong> Trustees" shall mean the <strong>City</strong> <strong>of</strong>Oxlclfd i\lllllicil'al Resenelland Trust fund Board <strong>of</strong> Trustees.1.3 "Board <strong>of</strong> Aldermen" shall mean the then board <strong>of</strong> aldermen <strong>of</strong> tl1° cill.II ,Page 1 <strong>of</strong> 12I~ 11________________


.,155MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61·0226-, " .gency,)bligations, certitIcates <strong>of</strong> deposit, custodial bank's short-term reserve funds, and no-load moneynJdllet mutual tunds.1.5 "<strong>City</strong>" shall mean the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, acting by and through itsl'Ila)()r ami Board <strong>of</strong> Aldermen.~I1.6 "Clerk" shall mean the then clerk <strong>of</strong> the city.1.7 "Code" shall mean the Mississi ppi Code <strong>of</strong> 1972, as amended..8 "Connict" or "Conflict <strong>of</strong> Interest" shall mean the use by a Trustee <strong>of</strong> theauthority <strong>of</strong> his llf her <strong>of</strong>fice or any confidential information received through his or her positionas ,I Trustee for the pecuniary benefit <strong>of</strong> himself or herself, a member <strong>of</strong> his or her immediatefamily, or d business with which he or she or a member <strong>of</strong> his or her immediate family isassociated, or ill any other manner prohibited by or inconsistent with applicable local, state, ort"clkral la\\.I LJ "Cuswdian" shalll11ean a bank or other qualified entity selected by the Board tohold and administer the assets <strong>of</strong> the Fund.1.10 "Fiscal Year" shall mean the twelve (12) month period beginning each April 1 stand ending the f()lIovving March 31 st, on which the books and records <strong>of</strong> the Trust arelnaintaillcd.I 1.11 "Fund" shall mean the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> Municipal Reserve and Trust Fund: established under this Trust Agreement for the deposit <strong>of</strong> the sales Proceeds received by the <strong>City</strong>as a result oCthe termination <strong>of</strong>lease and for the sale <strong>of</strong> the real and personal property related tothe existing Baptist Memorial Hospital-North Mississippi facilities.I<strong>City</strong>.1.12 "Governing authorities" shall mean the Mayor and Board <strong>of</strong> Aldermen <strong>of</strong> the1.13 "Income" shall mean all interest and dividends derived from the investment <strong>of</strong>mlmies in the Fund.I dJ11d1dcd.1.14 "Inicrnal Revenue Code" shall mean the Internal Revenue Code <strong>of</strong> 1986, asBu~rd.1.15 "imestment Consultant" shall mean an investment consultant selected by the1.16 "I nvestment Manager" shall mean an investment manager selected by the Board.1.17 "Majority Vote" shall mean an affirmative vote <strong>of</strong> one more than one-half (1/2).Page 2 <strong>of</strong> I2I


156MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-2261.18 "Mayor" shall mean the then mayor <strong>of</strong> the city.1.19 "Mayor Pro Tern" shall mean the then mayor pro tempure <strong>of</strong> the 1:;1,.1.20 "Proceeds" shall mean all monies received by the Cit, as a re"lit clf theitermination <strong>of</strong> lease and fur the sale <strong>of</strong> the real and personal property related to th~ e\istinglBaptist Memurial Huspital - Nnrth Mississippi facilities on Lamar A lellue. I,hich the <strong>City</strong>'determines shall be placed in the Trust created herein.1.21 "Quorum" shall mean une more than one-hal f (1/2) <strong>of</strong> the Trustees.I1.22 "Regulation" shall mean a policy, procedure or rule adopted 1,,· the Board"establishing administrative procedures or interpretations affecting the Trust.1.23 "Super Majority" shall mean an affirmative vote <strong>of</strong> three-fourths (Yell.1.24 "Trust" shall mean the trust created and established hereunder.1.25 .,] rust Agreement" shall mean this Agreement. as it ma) be amended ii ('111 tilll:,to time.1.26 "Trustees" shall mean the persons chosen in 3CC(llllance \Iilh Ihis I IUS!Agreement as authorized by the Act to perfurm in a manner so as to safeguard tlve inter"sts <strong>of</strong> thepeople <strong>of</strong> the <strong>City</strong>, the administrative and management duties necessary to fulfill the pl.lrpmcs ot~the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> Municipal Reserve and Trust Fund. If the <strong>City</strong> assullles 8dl1li"istratif.lll orthe'Fund as provided in this Trust Agreement, then the Trustees shall refer to the ]\ fayc'r and Board<strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong> acting in the position <strong>of</strong> Trustees <strong>of</strong> the Fund.Trust.ARTICLE 11CREATION OF TRUST2.1 Establishment. The Governing Authorities hereby dec I are and2.2 Effective Date, The <strong>City</strong> <strong>of</strong> Oxfurd Municipal Reserve ancl Trusteffective on the 9 th day <strong>of</strong> August, 20 II."," 1.Ii,1i


.,1572.5 TMiNUiT£ 1B0QKi~lIbtJ<strong>63</strong>~Gbb¥h~d g )U5QRQ,osi1"j!'WIMERIDIAN610226. r e ~sak <strong>of</strong> the real and personal property related to the Baptist Memorial Hospital - Northl\lississippi facilities located on Lamar Avenue in the <strong>City</strong> and any Income from the investmentc)f Ihl"c funds. Funding <strong>of</strong> the Trust with the Proceeds, up to the amount authorized by the Act,shall occur itS S110l] as is practical following the establishment <strong>of</strong> this Trust and the receipt <strong>of</strong> thel'rllceeJs. The HllarJ shall hold, invest and administer such property and additions theretosllLjecI to II,e lerms and provisions <strong>of</strong> this Trust AgreementIARTICLE IIIBOARD OF TRUSTEES3.1 Establishment. The Fund shall be administered, managed, invested and governedloy ,he Hoard <strong>of</strong> Trustees as provided in this Trust Agreement3.2 Composition <strong>of</strong> Board <strong>of</strong> Trustees. The Board <strong>of</strong> Trustees shall consist <strong>of</strong> nine(9) members as sel forth below:I a)(b)Ie)(d)One (I) Trustee shall be the Mayor;One (I) Trustee shall be the Mayor Pro Tem;One (I) Trustee shall be an alderman appointed by the Mayor with the adviceand consent <strong>of</strong> the Board <strong>of</strong> Aldermen; andSix (6) Trustees shall be appointed by the Mayor with the advice and consent<strong>of</strong> the Board <strong>of</strong> Aldermen.I3.3 Chairman and Vice Chairman. The Mayor Pro Tem shall be the Chairman <strong>of</strong> thellodrd <strong>of</strong> Trustees. The Board <strong>of</strong> Trustees shall annually elect one (I) member to serve as ViceChairman <strong>of</strong> the Board <strong>of</strong> Trustees. The Vice Chairman shall act as Chairman in the absence <strong>of</strong>or upoillhe disability "I' the Chairman or if there is a vacancy in the <strong>of</strong>fice <strong>of</strong> the Chairman.3.4 Oualitlcation <strong>of</strong> Trustees appointed by the Mayor. Each Trustee appointed by theI\JayOI shall possess knowledge, skill and experience in business or tlnancial mattersClllmnensurate with the duties and responsibilities <strong>of</strong> the Board <strong>of</strong> Trustees in administering theFur,d.3.5 Term. The initial term <strong>of</strong> <strong>of</strong>fIce <strong>of</strong> the six (6) nonaldermen Trustees shall be forone (I) year, tlVO (2) years, three (3) years, four (4) years, five (5) years, and six (6) years,respectively, as designated by the Mayor. The term <strong>of</strong> <strong>of</strong>fice for the appointed Alderman Trusteeshall be l\\,) (2) years. Notwithstanding the day on which the appointment began, all terms <strong>of</strong>tile appoinlcJ Truslees shall end on the tirst day <strong>of</strong> August <strong>of</strong> the year in which his or her termends. Atler the initial appoil1lments, each new Trustee shall be appointed for a term <strong>of</strong> <strong>of</strong>fice <strong>of</strong>t\\(, (2) years, beginning on the tirst day <strong>of</strong> August. Trustees shall be eligible for reappointment.Page .j <strong>of</strong>] 2I


158~AN ~Tsin~gg~Np.·A§hr£lrl:lrl~R(fI~2~~~Dl)pl'Mi~~(30) days' \\!Titten notice to the Board, However, in the event <strong>of</strong> the resignation <strong>of</strong> a Trustee, th~Board may waive in writing any notice <strong>of</strong> resignation as may be required hereunder.I3.7 Vacancies. Vacancies on the Board, including, but not limited to. those 0account <strong>of</strong> death, resignation, or inability to act, shall be filled for the remainder <strong>of</strong> the unexpireterm in the same manner as new Trustees as provided in paragraph 3.2 and paragraph 3.5 <strong>of</strong> thiArticle III.I3.8 Compensation and Expenses. Nongovernmental Trustees shall sene \\ ithpl.Itcompensation, but shall be reimbursed for travel and lodging expenses as est"hlish~d hy C wle§25-3-41. The Mayor, Mayor Pro Tern and appointed Alderman shall sen'e as Trllst'.'es \\ithoutcompensation.3.9 Dissolution <strong>of</strong> the Board <strong>of</strong> Trustees. The Board <strong>of</strong> Trustees m8\' be di55,)1\ ed ,1any time by the Governing Authorities if, by Majority Vote, the Go\uning ;\utiwri'ies lind SOleidissolution to be in the best interest <strong>of</strong> the public. In the case <strong>of</strong> dissolutiol'. the (;(l'.erni"Authorities shall administer the Fund directly, acting always in acc()rdance \\'ith 'ile pr()visiolls <strong>of</strong>this Trust Agreement and the Act, until such time, if any, as the Goveming Auth()riti~s elect t6reestablish a Board <strong>of</strong> Trustees in accordance with the procedures for appt1intment '"'' I'ro\ided inthis Trust Agreement, and the Act.ARTICLE IVPOWERS OF THE BOARD OF TRUSTEESThe Board <strong>of</strong> Trustees shall administer and manage the cund and lllall8ge the prineip,and Income <strong>of</strong> the Fund, and establish a comprehensive investment plan for the purposes <strong>of</strong> thiTrust Agreement. The comprehensive investment plan shall specify the policies to he utilized b!the Board <strong>of</strong> Trustees in its administration <strong>of</strong> the fund. The Board is authorized but 'wt require,Ito delegate responsibility for the establishment and administration <strong>of</strong> the cnlllrrehensi\'einvestment plan to an Investment Consultant. Directly with or tilrough ".1 eI , Imestlllen1Consultant, the Board may contract for such services as may be a part <strong>of</strong> th pc


,159-1.3 To cause any security or other property held as part <strong>of</strong> the Fund to be registered intht name <strong>of</strong> the Board <strong>of</strong> Trustees or in the name <strong>of</strong> one or more <strong>of</strong> the Board's nominees, butthe books and records <strong>of</strong> the Board shall at all times show that all such investments are part <strong>of</strong>the Fund:I-1.-1 To keep such portion <strong>of</strong> the Fund in cash or Cash Equivalents as the Board mayti'om time to time deem to be in the best interest <strong>of</strong> the Trust, including, but not limited to,smisfactiol\ <strong>of</strong> the liquidity needs <strong>of</strong> the Trust, without liability for interest thereon;4.5 To contract for necessary goods and services, to employ necessary personnel, andr,) eligdge Ih" sen ices <strong>of</strong> consultants, including, but not limited to, Investment Consultants and1m estmcnt I\/anagers, t(Jr administrative and technical assistance in carrying out its duties andrespOnSil)tlllies in administering the Fund;-1.0 10 monitor the performance <strong>of</strong> Trust assets, and to instruct Investment Managersand lm'estment Consultants and to make changes as appropriate;-1.7 1"0 procure insurance against any loss in connection with the property, assets andactil iti"s (,( the Trust or the Board;agenCIes;-1.8 To appear on its own behalf before the Board <strong>of</strong> Aldermen or other governmental-1.9 To administer the Fund in a manner that is sufficiently actuarially sound to meetthe "bligati(Jlls <strong>of</strong> this Trust Agreement and the Act;I410 Subject to the terms, conditions, limitations and restrictions specified in the Act,CoJe 037-155-9, and this Trust Agreement, the Board <strong>of</strong> Trustees shaIl have the power to sell,a5'ign, rransfer and dispose <strong>of</strong> any <strong>of</strong> the securities and investments <strong>of</strong> the Fund;-J. II Co make, execute, acknowledge, and deliver any and all documents <strong>of</strong> transfer"nLi CUI\I"")dnCc and any and all other instruments that may be necessary or appropriate to carryuul the i"H..J\\-crs hcrc:ill granted;-1.12 1"0 settle, or compromise, debts or damages to or owing to or from the Trust; toCOEimence ur defend suits or legal or administrative proceedings, and to represent the Trust in alllegal dnd administrative proceedings, but only to the extent pennissible for, and under thecircumstances and limitalions applicable to other governmental entities as provided by theConstitution and lalls <strong>of</strong> the State <strong>of</strong> Mississippi; and-I. Ii In addition [0 the specific powers enumerated herein, the Board shall have theauthority to do all acts, whether or not expressly authorized, which may be necessary or properfor [he protection <strong>of</strong> the property held hereunder or for the carrying out <strong>of</strong> any duty under thisPage 6 <strong>of</strong> 12I


160r~---I'Trust l'IL~YJ§o~~Qu~ t!ParP~! i~!Ie19n~ic2~EQf!Q,s-1l~~ANthfSTrust Agreement or applicable federal or state law.ARTICLE VDUTIES OF THE BOARD OF TRUSnC:ES5.1 Meetings. The Board shall conduct one (I) anllualmeeting It is ?llticiI'81ed th~Ithe Board shall conduct at least three (3) other meetings each calendar \'ear. I lv' n"""d sl181also hold such special meetings at such time and place as may be called bv th~ Ch"inllan ;\1/meetings <strong>of</strong> the Board shall be open to the public in accordance with Code ~2"-41-'" 1 I. nceptas provided by Code §25-41-7, as interpreted by the courts and Attornev General "f the State o~Mississippi. Notice <strong>of</strong> each meeting shall be given in accordance with ('ode f15-41-13. andnotice <strong>of</strong> each meeting shall be provided to each Trustee. A Quorum shall be necessary tqconduct business. Any Trustee may attend an) meeting via electronic means 1"0\ Idecl that SUd:'electronic attendance complies with all applicable laws.I5.2 Voting. Except as otherwise provided by paragraph 54 (If this ,\,\\,Je \' eaelTrustee shall be entitled to one (I) vote on any and all actions before the ll"aro "I Trustees. N(;decision or action <strong>of</strong> the Board <strong>of</strong> Trustees shall be effecti\'e unless presented and appro\'Cd atthe annual meeting or other scheduled meeting <strong>of</strong> the Board.5.3 Accounts and Reports. The Board <strong>of</strong> Trustees shall keep accur81e "I'd dctaile~accounts <strong>of</strong> all investments, receipts, disbursements and other transactions hereunder. The Hoare<strong>of</strong> Trustees shall annually prepare, or cause to be prepared, a report setting l'or1h in apl'rol'riatdetail an accounting <strong>of</strong> the Fund and a description <strong>of</strong> the financial conditinll "I' the FUlld at thclose <strong>of</strong> each fiscal year. The report shall be submitted to the gO\erning authoritit:s ('11


.,161).)Iee eq.-·---\ARTICLE VITRUST DISBURSEMENTS6.1 Di,ision <strong>of</strong> Fund. The Fund shall be divided into two (2) components: (i) thecorpus ClHllpOnel1l, and (ii) the earnings component.I6.2 Corpus Component. The corpus component <strong>of</strong> the Fund shall consist <strong>of</strong> the initialdeposit as described in paragraph 2.5 <strong>of</strong> Article II <strong>of</strong> this Trust Agreement, and additionalsubsequent deposits from the annual Income earned trom the investment <strong>of</strong> the Fund except asotherwise provided herein. Except as otherwise provided in the Act or this Trust Agreement, thecllrpus shall be im'iolale and maintained and used to generate Income and shall not be invaded orused by the Board <strong>of</strong> Trustees or the Governing Authorities.6.3 ![1e Earnings Component. The earnings component <strong>of</strong> the Fund shall be definedand a\ailable tilr distribution by the Trustees as described in the following subparagraphs:(ellEvery tlscal year after the Fund is established, the earnings componentshall be considered an amount equal to three percent (3%) <strong>of</strong> the amount<strong>of</strong> the full Fund balance whether or not the corpus component hasgenerated any Income in that Fiscal Year. All remaining pOliions <strong>of</strong> theannual Income earned trom the investment <strong>of</strong> the Fund shall remain in thehmd as part <strong>of</strong> the corpus component.I(b)(c)On or before July 1 <strong>of</strong> each year, the Board <strong>of</strong> Trustees shall determine theportion <strong>of</strong> the earnings component <strong>of</strong> the Trust Fund, and shall report tothe Governing Authorities as set out in paragraph 5.3 <strong>of</strong> Article V <strong>of</strong> thisTrust Agreement. The Board <strong>of</strong> Trustees is specifically given the powerto expend trom the earnings component amounts required in connectionwith the management by the Board <strong>of</strong> Trustees <strong>of</strong> the Fund, including, butnot limited to, payments for accounting fees, legal fees, consulting fees,and Investment Managers or Fund management fees. These expendituresshall be included in the full report as required in paragraph 5.3 <strong>of</strong> ArticleV <strong>of</strong> this Trust Agreement.Funds comprising the earnings component shall be transferred from theFund to the general timd <strong>of</strong> the <strong>City</strong> at the direction <strong>of</strong> the Clerk and shallbe available for appropriation and spending by the Governing Authorities.6.-+ l'l\dsion <strong>of</strong> the Corpus Component.(a)Upon a three-fourths (3/4) Super Majority vote <strong>of</strong> the Board <strong>of</strong> Aldermenand with approval by the Mayor, the Governing Authorities are authorizedPage 8 <strong>of</strong> 12I


162MINUTE ttlQg'~Jigl1ie~~~11~Ut~fcgl~~Q~tPh~'(llEil~M~'ll.i""'c" " disbursed to the <strong>City</strong> for appropriation and spending. in the e'ent "r thelfollowing: ;(i)A state <strong>of</strong> emergency or local emergency has !'een cleclm'ed unde"lifederal, state. or local law; or''I(ii)Overall budgeted collections <strong>of</strong> the <strong>City</strong> are nwre 111


1<strong>63</strong>ARTICLE VIIMISCELLANEOUSI7.1 Duration. The Trust created herein shall exist for an initial term <strong>of</strong> twenty (20)) cars fmrn the ,iate <strong>of</strong> execution here<strong>of</strong>, and shall continue thereafter unless terminated by aIhree-(llllrlhs (3.4) Super Majority vote <strong>of</strong> the Board <strong>of</strong> Aldermen with the approval <strong>of</strong> theI\b) or.7.2 lamination. In the event <strong>of</strong> termination <strong>of</strong> the Trust, the Board <strong>of</strong> Trustees shallproceed to \\·ind up the atl'airs <strong>of</strong> the Trust in an orderly manner and within a reasonable period<strong>of</strong> lime considering relevant circumstances. Upon receipt <strong>of</strong> such releases or like documentationas the Board may reasonably deem necessary for the protection <strong>of</strong> the Trustees, the Board shalldiSiributc: the remaining property <strong>of</strong> the Trust to the <strong>City</strong> in cash or in kind or partly in each. Inmaking a terminating distribution, the Board may retain an amount for reasonable administrativefeeS and expensd. In no event shall Trust assets be distributed to or revert to any entity that isnor a jlolilical subdivision <strong>of</strong> the state or not an entity whose income is excluded from grossincome under § II) <strong>of</strong> the Internal Revenue Code.7.3 Tax-Exempt Status. The Trust is an organization formed and operated under thisTnrst .-\greement for the purpose <strong>of</strong> managing the investments <strong>of</strong> a political subdivision <strong>of</strong> astalC. As such. the Trust is intended to qualify for exemption from federal taxation under~ IIS( I) olthe Internal Revenue Code. (See Revenue Ruling 77-261).I7.-1 l'erSOl!S Dealing with the Trustees. No person, firm or corporation dealing withthe Board shall be obligated to see that the terms <strong>of</strong> the Trust have been complied with, or be()bli~aled to illljllire into the necessity or expediency <strong>of</strong> any act <strong>of</strong> the Board, and everyinstruillent cxecliled by the Board shall be conclusive in favor <strong>of</strong> any person, firm or corporationrd>"ing 1I1CfdHi. lllat:(a)At the time <strong>of</strong> delivery <strong>of</strong> said instrument the Trust was in full force andeffect;(b)(c)Said instrument was effected in accordance with the terms and conditions<strong>of</strong> tiris Trust Agreement; andThe Board was duly authorized and empowered to execute suchinstrument.7.) Amendment. This Trust Agreement may be amended in writing at any time upona l\lajorily Vok <strong>of</strong> the Board <strong>of</strong> Aldermen with the approval <strong>of</strong> the Mayor and upon a MajorityVOle <strong>of</strong> the BU


.... 1164....... c~cWNY!~si~Qe~U~: ~t~o ~e'serLY pQt~fRaF91l~~L f(?fM~IM8l'RWwrr~o, purposes other than as provided herein. !7.7 Governing Law. This Trust is established in the State <strong>of</strong> Missis.sil'pi and allquestions pertaining to the validity or construction <strong>of</strong> this Trust Agreement "Ild regarding th~acts and transactions contemplated herein shall be determined in accordance \\ ith the la\\s <strong>of</strong> tilState <strong>of</strong> Mississippi, except as to matters governed by federal law.I7.8 Compliance with Laws. This Trust Agreement and the Fund created "ereundeare intended to meet all applicable requirements <strong>of</strong> the Act. the Code, the C('de <strong>of</strong> Ordinances (lthe <strong>City</strong>, and the Internal Revenue Code, as the same may be amended from tiJ11C tn tillle.7.9 Rules <strong>of</strong> Construction. In resolving any conflict among pre)\ is;''I'' (,r t1,;s Trust'lAgreement and in resolving any uncertainty as to the meaning or intention ,.,1' am l'ICl\ iSinJ1 0;this Trust Agreement, the interpretation that: (i) causes the Trust to complY "ith "II applieahlerequirements <strong>of</strong> the laws <strong>of</strong> the State <strong>of</strong> Mississippi (including but not limited tn the (\':11 and th9laws <strong>of</strong> the <strong>City</strong>, and (ii) causes the Trust to be exempt from tax as a gmernlnellla~,instrumentality under § 115 <strong>of</strong> the Internal Revenue Code, shall pre, ail (Her anY' di fTerenl'interpretations.7.10 Captions. The captions appearing in this instrument are f,'r C(1I1\eI1ICnCe <strong>of</strong>!reference only, and shall be disregarded in determining the meaning and effect <strong>of</strong>! he rl"(1l isi(1IlS<strong>of</strong> this instrument.I7.11 Singular and Plural; Gender. Words used herein in the mascul inc gender shall hel,construed to include the feminine gender where appropriate, aml vvords used herein in the;singular or plural shall be construed as being in the plural or singular where appropriate.I7.12 Severabilitv. Ifany provision <strong>of</strong> this instrument is invalid, th"t I,r(>\;si11 sh811 bedisregarded, and the remainder <strong>of</strong> this instrument shall he construed as if th~ i",·"li


By: Lisa D. Cai\» Ie, Clerk165MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226-1I ,.. ---.... _-DATEISIAn:: OF ivllSSISSIPPICOUNTY OF LAFAYETTEPersonally appeared before me, the undersigned authority in and for the jurisdictionaforesaid, Ulysses Howell, who, being first duly sworn, states under oath that he is the MayorPr(, rem <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, and who acknowledged before me that he signed,sealed and delivered the foregoing First Amended and Restated Trust Agreement for and onbehalf <strong>of</strong>lbe <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, after being first autborized so to do.GIVEN under my band and <strong>of</strong>ficial seal <strong>of</strong> <strong>of</strong>fice on tbis the.2012.day <strong>of</strong>NOTARY PUBLIC~·I)Commissiun Expires:I.. _- ._-.-------Page 12 <strong>of</strong> I2I


166 4MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61·226------11IGIO BOND ISSUE:Demery Grubbs came before the 1'vl8yor and Board<strong>of</strong> Aldermen to discuss a possible GeneralObligation Bond Issue. Below is a list ()f p"ssii'ieprojects to be funded. The board \\ill be presentedwith an intent resolution for the bonds M the J'IiI17, 2012 board meeting.IItems for Bond Issue:Potential Purchase <strong>of</strong> PropertyTennis complexFire Station & EOCRound about$3,000,000.00$1,000,000.00$3,300,000.00$250,000.00Total$7,550,000.00Less: Community HealthFoundation Funds:-$3,000,000.00Plus Cost <strong>of</strong> IssuanceContingenciesTotal Projected Bond Issue:$100,000.00$350,000.00$5,000,000.00IPayment on $5M Bond Issue:20 Years15 Years$352,000.00$404,000.00Scenerio:PaymentLess: Bond Issue rolling <strong>of</strong>fAnnual Baptist proceedsRemainder to come from cash flow15Yea~20Yea~$404,000.00 $352,000.00-$160,000.00 -$160,000.00-$100,000.00 -$100,000.00$144,000.00 $92,000.00I


5167MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61 -0226I(i~ li,l[jr\L FLOODI i-ISlJ KAN,E:VOI.lJNITER OXFORD:Stacy Ricks with the MS Emergency ManagementAgency recognized the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>'sparticipation in the National Flood InsuranceProgram's Community Rating System. He thankedRandy Barber for his participation in the program.It was moved by Alderman Howell, seconded byAlderman Antonow to approve the following MOUbetween Volunteer <strong>Oxford</strong> and the University <strong>of</strong>MS. All the aldermen present voting aye, MayorPatterson declared the motion carried.II


168=~M~I~NUTE BO~~rJJi~ee!:~:fn,Qff~FORD\EME","E"'DlAN""]!Volunteer <strong>Oxford</strong> and the University <strong>of</strong> Mississippi, for and on behalf <strong>of</strong>Volunteer <strong>Oxford</strong>THIS AGREEMENT is made and entered into this day by and between the University <strong>of</strong> Mississippi fOifand on behalf <strong>of</strong> Volunteer <strong>Oxford</strong>, <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi and the University <strong>of</strong> Mississippi OXfor1"Mississippi. !PurposeThe purpose <strong>of</strong> this Memorandum <strong>of</strong> Understanding (MOU) is to strengthen relationships betwee~Volunteer <strong>Oxford</strong>, the University <strong>of</strong> Mississippi, and the Lafayette-<strong>Oxford</strong>-Univ,,:,rsity '_"Jrnrnuility and topromote actiVities related to volunteensm and community serVice, Volunteer OXfOrCl ;:HlC i the UtllverSltjur M!S~ISSIPPI agree to establish a mutuallv beneficia! relationsllir between the UnlVarSlh elt !v'11SSISSltll Iand the Lafayette and <strong>Oxford</strong> commul1ltyIIVolunteer <strong>Oxford</strong> IS expanding ItS opportunities for volunteerrsm through pari nel ship with th~University <strong>of</strong> MISSISSIPP' The collaboration will better serve the common good <strong>of</strong> ti, o cornrllllnlt\ df<strong>Oxford</strong> and Lafayette County by sharing our resources as it relates to community serviceI,Volunteer <strong>Oxford</strong> has entered into a Memorandum <strong>of</strong> Understanding with the University <strong>of</strong> MiSSiSSiPPIThe purpose <strong>of</strong> this partnership is to address the needs <strong>of</strong> the community by promoting volunteerism tthe community at large.Contact PersonsUnless otherwise stated, the appropriate person(s) for the University <strong>of</strong> Mississippi for matte Spertaining to this Memorandum <strong>of</strong> Understanding shall be:Albert Nylander, Director <strong>of</strong> the McLean Institute for Partnerships and Community Engi1gernentValeria Ross, Office <strong>of</strong> the Dean <strong>of</strong> Students, the University <strong>of</strong> MississippiStephen Monroe, Assistant Dean <strong>of</strong> the College <strong>of</strong> Liberal Arts, the University <strong>of</strong> MississippiThe appropriate contact person for Volunteer <strong>Oxford</strong> shall be:IKelly Shannon, Director <strong>of</strong> Volunteer <strong>Oxford</strong>The University <strong>of</strong> Mississippi shall contact the above designated individual for Volunteer <strong>Oxford</strong> anfVolunteer <strong>Oxford</strong> shall contact the above designated individual for the University <strong>of</strong> Mississippi wheeither party has questions related to this Memorandum <strong>of</strong> Understanding.Conditions <strong>of</strong> the AgreementThe partners herein desire to enter into a Memorandum <strong>of</strong> Understanding setting forth the terms <strong>of</strong> th,partnership by stating the Conditions <strong>of</strong> the Agreement <strong>of</strong> each party below..11) Volunteer <strong>Oxford</strong> will serve as a central hub <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> and Lafilyetle County as rresource and build capacity to equip volunteers to train and lead others to serve.III'I


.,I,~169I3) The University <strong>of</strong> Mississippi will act as a referral resource for Volunteer <strong>Oxford</strong>. The University<strong>of</strong> IViisslssippi will SUppOIl Volunteer <strong>Oxford</strong> in its role as the volunteer and recruitment arm fortnc Lafayette-<strong>Oxford</strong>-Unlversity community.4) ThE University <strong>of</strong> Mississippi will provide budgetary support <strong>of</strong> $3,500 per year for the first threeyears <strong>of</strong> the Volunteer <strong>Oxford</strong>'s existence. This amount is equal to the amount provided by theother partner, Lafayette County.5) BoH, parties agree to provide for the mutual beneficial exchange <strong>of</strong> knowledge and resources intnt: context <strong>of</strong> partnership and reciprocity.6) both parties agree to mutually promote events and collaborations for each other.7) both parties agree 1O provide necessary training and education to staff, volunteers andcornrnuility members on volunteerism.8) Buth pdlties agree to allow the advertising <strong>of</strong> community service opportunities that <strong>of</strong>ferdynamic and noteworthy community engagement, to each party's active website.9) Both parties agree to release monthly service records denoting the number <strong>of</strong> volunteers andhOLirs served for projects in which both organizations are participants.10) Both parties agree to provide adequate service on each party's advisory board.11) Both parties agree to work continuously to maximize the effectiveness <strong>of</strong> the partnership.12) Both parties agree to engage the talents and resources <strong>of</strong> the University <strong>of</strong> Mississippi faculty,staff afld students with community, to further community and economic development.AmendmentsThiS IViemorandum <strong>of</strong> Understanding may only be amended in writing after mutual agreement <strong>of</strong> theparries.Te~·minationThis Memorandum <strong>of</strong> Understanding shall be in effect for a period <strong>of</strong> three years and shall continuefrom year to year unless otherwise agreed to by the parties in writing. Either party may terminate thisMemorandum at any time by providing written notice 30 days in advance to the other party.IEXecutionThe parties agree that this Memorandum <strong>of</strong> Understanding shall be submitted to the University <strong>of</strong>Mississippi for and on behalf <strong>of</strong> Volunteer <strong>Oxford</strong> and the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, and nothing contained in thisMemorandum <strong>of</strong> Understanding nor any amendments thereto shall become effective until executive byboth parties.This agreement is entered into this _ day <strong>of</strong> ______ , 2012.WE, THE UNDERSIGNED, HEREBY AGREE TO THIS MEMORANDUM OF UNDERSTANDING BETWEEN THEUNIVERSITY DF MISSISSIPPI AND VOLUNTEER OXFORD.Signed:Chancellor Dan JonesUniversity <strong>of</strong> MississippiMayor Pat Patterson<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>I


~I170MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61 ·226~~~~~~~~~~-2011 AUDIT REPORT:It was moved by Alderman Baile,', sec(lwiP


~t-­~cc:.~~ow •>~~~SID TASULAliONSASE SID06119112FORBRITTANY WOODS WWTP DEMOLITION AND UNIVERSITY AVE.REHABILITATIONCITY OF OXFORD, MISSISSIPPIEUBANK CONSTRUCnoNSROCATO CONSTRUCliONTJ.128.8 LJ-. :Nlz- ::a:.,'~ :';: ·:;C ,:~. "'::~>:::i~-j:/':; ,'.>": ;',',,,, ~o,} ,::':;;',,].:"~~::::;:;,.,PREPARED BY:?RECISION ENGINEERING COAP.06/19/12113- --


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I~t­.....c"BID TABULATIONBASE BID06119112FORBRITTANY WOODS WWTP DEMOLITION AND UNIVERSITY AVE. REHABILITATIONCITY OF OXFORD, MISSISSIPPIEUBANK CONSTRUCnoN~omwI­::JZ- :EALLOWANCE: ~TOTAL BID: $725,515.00 $758,864.42$894,350.00PREPARED BY:PREC:SION ENGINEERING CORP.06/19/12313---


174 7MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226EMERGENCY PURCHASE:It was moved by Alderman Bailey. ,ccnncled '"Alderman Williams (0 adopt the /(lll(millgresolution and to amend the SanitatiPJl l..udget forthe purchase <strong>of</strong> a dozer at (he landtlll in the amount<strong>of</strong>$350.000.00. All the aldermen pre"',,t ,,()til]gaye, Mayor Patterson declared (he nl'.,tinn carried.III


175MINU"!ElB~NcJKI<strong>63</strong>.petili§fsOfi>.oXFORDDEMENT·MERIDIAN 61-0226,The board tooK up for consideration the emergency purchase <strong>of</strong> a waste hauler crawlerdozer, and, upon due consideration, the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi adopts the followingResolution. which was first reduced to writing:IR£SOLUTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OFOXFORIJ, MISSISSIPPI, DECLARING AN EMERGENCY AND AUTHORIZING THEMAVOIt TO PURCHASE A WASTE HANDLER CRAWLER DOZERWHERL\S, a waste hauler crawler dozer at the <strong>City</strong>'s landfill recently ceasedtll!1.:lioning, requiring the <strong>City</strong> tLl procure a rental dozer at great cost; and\\' I If· RL'\S, an operational waste hauler crawler dozer is critical to the safe and efficientoperation orlhe la,ldfiil; andWIILREAS, it is not in the best interest <strong>of</strong> the <strong>City</strong> to continue to lease a waste haulercra\\kr dozer due to the prohibitive cost <strong>of</strong> such rental; and\\' llLREA.S, the acquisition <strong>of</strong> a new waste hauler crawler dozer is necessary for theimmediate presenation <strong>of</strong> public health; andI u,hisabkWHEREAS, the immediate restoration <strong>of</strong> a functioning waste hauler crawler dozer isand in the <strong>City</strong>'s best interest; andWI1ERE.-\~;, the delay incident to obtaining competitive bids would cause adverse impactupon the <strong>City</strong> lind be detrimental to the interest <strong>of</strong> the <strong>City</strong> due to the critical need for a new\\ask hauld crall ler dozer and the prohibitive cost <strong>of</strong> maintaining a rental dozer.NUW, TIIEREFORE, BE IT RESOLVED BY the Mayor and Board <strong>of</strong> Aldennen <strong>of</strong> theCit) <strong>of</strong> ClxtlJrd, I\lississippi, the <strong>City</strong> hereby resolves the following:I


176fJll N lJl~nJ3gg~. ~90E 6£NN.~JlrJ~!~ Q~~8~R. a wwmmre'liF,emergency exists due to the failure <strong>of</strong> a waste handler crawler dozer at the Ci!\', lallcHi II.I2. Pursuaut to MIss. CODE ANN. §§ 21-35-19 and 21-35-21. the ",",or i, "!ltlwrizedto purchase a new waste handler crawler dozer that conforms substantially tn the sl'e


177MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226-------LIS_\ C-\R\\,YLE, CITY CLERKII3I


178cr===~~~~MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226TAXI DRIVERS:It was moved by Alderman Al1t0I101\, S~c(')l(kd I,,'Alderman Taylor to authorize Shmon Bmt '''leiDavid Romero as taxi drivers. All the aiderlllenpresent voting aye, Mayor PattersPll declo!ed tlwmotion carried.I!PURCHASE OF HANDGUNS:RESIGNATION:It was moved by Alderman H'1\leiL sec'1I1ded hIAlderman Bailey to approve retiring <strong>of</strong>/icers.Wayne Hanks and Mike Collins. to purchase theirdepartment issued handguns per state le\\. 11$1.00. All the aldermen present "oting ale. \!Gv(>rPatterson declared the motion carried.It was moved by Alderman Bai ley, sec,>llcied 1'1Alderman Antonow to apprOle the resign81 ;('11 "fBen Ivy in the <strong>Oxford</strong> Police Depml111elll. All thealdermen present voting aye, l\!aHlf Pa'te!S"1ldeclared the motion carried.IPROMOTION:INTERNAL PROMOTIONS:It was t1lOved by Alderman /\!ltOll()\\-. s


9179MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61·022£---~-----ISllSPENSIONSUSPENSION:.\J)JClli Rt::It was moved by Alderman Antonow, seconded byAlderman Bailey to accept the recommendation <strong>of</strong>the Human Resource Director and Department Headand suspend Jacob Able for one day without pay inthe Police Department. All the aldermen presentvoting aye, Mayor Patterson declared the nlotioncarried.It was moved by Alderman Oliver, seconded byAlderman Antonow to accept the recommendation<strong>of</strong> the Human Resource Director and DepartmentHead and suspend Chris Carter for five dayswithout pay in the Building Department. All thealdermen present voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Howell, seconded byAlderman Bailey to adjourn the meeting sine-die.All the aldermen present voting aye, MayorPatterson declared the motion carried.IGeorge G. Pal!crson, MayorI


180MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61 -226'~~~CC=A=o'L"O'L~TO ORDER:George G. Patterson- MayorNey Williams- Alderman Ward [E. O. O[iver- A[derman Ward [IJanice Antonow- A[derman Ward I IIUlyssess Howell-Alderman Ward 1\'Jason Bailey- A[derman \Vard VIILisa Carwyle - <strong>City</strong> ClerkBart Robinson- Chief Operations On,ccrAl Hope- Director <strong>of</strong> I-juman Resl.llJl"ce·'AGENDA:COMPENSATIONCOMMITTEE:Do\VNTOWN PARKING:EXECUTIVE SESSION:REGULAR SESSION:BUILDING AND GROUNDS:CITY SHOP:BUILDING DEPARTMENT:[t was moved by Alderman Bailey. seconded I"Alderman Antonow to adopt the agenda ft)! themeeting. All the aldermen present \'oting nye.Mayor Patterson declared the motion carried.It was moved by Alderman Oliver. sec"ndcd I"Alderman Williams to not consider a P"\' 1'


RECYCLINGMINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDEddie Anderson and Amberlyn Liles came beforethe Mayor and Board <strong>of</strong> Aldermen to present their2013 budget.181DEMENT-MERIDIAN 61-022£IRECESSIt was moved by Alderman Bailey, seconded byAlderman Antonow to recess the meeting untilTuesday, July 17,2012 at 12:00 p.m. All thealdermen present voting aye, Mayor Pattersondeclared the motion carried.G(;lirgc G. Patterson, I'vlayorII


182DEMENT-MERIDIAN 61·225STATE OF MISSISSIPPICOUNTY OF LAFAYETTECITY OF OXFORDRECESSED MEETINGCALL TO ORDER:AGENDA:PLANNING:EMERGENCY MANAGEMENT:HUMAN RESOURCES:POLICE DEPARTMENT:BOND ISSUE:EXECUTIVE SESSION:REGULAR SESSION:July 17,2012I 2:(lO p.l11.Pursuant to the order <strong>of</strong> July 13.2012 the fI lan11 and Board<strong>of</strong> Aldermen did meet at 12:00 p.m. (11\ Tuesday . .lu" 17.2012 in the conference room <strong>of</strong> the <strong>City</strong> H"II "hen andwhere the following were present:George "Pat" Patterson - MayorNey Williams- Alderman Ward IE.O. Oliver- Alderman Ward"Janice Antonow- Alderman Ward IIIUlyssess Howell- Alderman Ward IVPreston Taylor - Alderman Ward VJason Bailey - Alderman v.'arcl VIJohn Morgan- Alderman At LargeBart Robinson-Chief Operations OfficerLisa Carwyle- <strong>City</strong> ClerkAI Hope- Director <strong>of</strong> I I uman ResourcesIt was moved by Alderman I lowell. seconded I" .\IdermanAntonow to adopt the agenda for the meeting. ,," thealdermen voting aye. Mayor Patterson declared the motioncarried.Tim Akers came before the Mayor and Board PI' ·\Idennel\to present the Planning Department 201.1 Budget.Jimmy Allgood came before the Mayor and Boal,1 <strong>of</strong>Aldermen to present the Emergency fllanagcmcnt 20 I.'Budget.Al Hope came before the Mayor "1ll1 noard or .\Iclermcn topresent the Human Resources 2013 Illidget.Mike Martin came before the Ma\()r 81111 g"ard pi'Aldermen to present the Police Department 201, 13udget.The Board <strong>of</strong> Aldermen discussed the l'pssible GeneralBond issue for upcoming <strong>City</strong> projects.It was moved by Alderman Howell. sCCCll1ded bv .\lderl1lanAntollow to consider executive session I')f potentiallitigation. All the aldermen present yoting aye. ~ lavorPatterson declared the motion carried.It was moved by Alderman 1I0\\e1L seconded I" AldermanAntonow to go into executive session. All the aldermenpresent voting aye, Mayor Patterson declared tire I)Wti(ll1carried.It was moved by Alderman Oliver. sec('J1(led bv \ IdermanWillianls to conle out <strong>of</strong> executiye se~si{ln !'md r.;:tqrn foIII


183MINUTE BOO"No.ssa,£l1'¥d~QX-Jn~2'e'DEMENTMERIDIAN610226/\j)J()URNIt was moved by Alderman Howell, seconded by AldermanOliver to adjourn the meeting sine-die. All the aldermenpresent voting aye, Mayor Patterson declared the motioncarried.I--- . __ . ----Gung.: (J. Patl~r:)()j1: j\·1ayorII


184I'~I~~~MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226UNITED STATES OF AMERICASTA TE OF MISSISSIPPICOUNTY OF LAP A YETTECITY OF OXFORDIREGULAR MEETINGCALL TO ORDER:July 17,2012The meeting <strong>of</strong> the Mayor and Board or Aldenllcn<strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, I\lississippi, was called toorder by Mayor Patterson at 6:00 p.m. ('11 TII'"dal.July 17,2012, in the court roonl (1lCit\ 11,,11 \vhenand where the following were present:George G. Patterson - MayorNey Williams- Alderman Ward IE.O. Oliver- Alderman Wart! IIJanice Antonow- Alderman Ward IIIUlysses lIowell- Alderman Warel1VPreston Taylor- Alderman \\'3rd VJason Bailey- Alderman Ward VIJohn Morgan - Alderman at largeMayo Mallette PLLC Of CounselBart Robinson- Director <strong>of</strong> Public WorksLisa Carwyle-· <strong>City</strong> ClerkTim Akers - Dir <strong>of</strong> PlanningMike Martin- Chief Oxfon.I Police DeptCary SalIis- Chief <strong>of</strong> Fire DeptEddie Anderson- Dir. <strong>of</strong> SanitationAl Hope- Dir <strong>of</strong> Human ResourcesBilly Lamb- Supt <strong>of</strong> Building & GroundsJimmy Allgood- Director <strong>of</strong> Emerg. 1\ I "n:'gementRob Boyd- Dir <strong>of</strong> Parks & RecIAGENDA:MfNUTES:ACCOUNTS:INTENT RESOLUTION:It was moved by Alderman HO\veli. seconded hyAlderman Bailey to adopt the agenda I"r themeeting. All the aldermen present voting H\'('.Mayor Patterson declared the motion ca!Tied.It was moved by Alderman ;\ntnJl(IW. se,'nll,ied hAlderman Williams to adopt the lI1inlltes "I' theregular meeting on July 2. 2012 and tl", specialmeeting on July 13.2012. All the akknne!) I"esentvoting aye. Mayor Patterson declared the !)Vltitlllcarried.It was moved by Alderman Ilo\\ell. sec(lwktl b\Alderman Bailey to approw the pannell' nf allaccounts for the <strong>City</strong>. All the aldermen presentvoting aye. Mayor Patterson declared the motioncarried.It was moved by Alderman Morgan. secnnded byAlderman Antonow to adopt the fol\o\\illg intell 1resolution for General Obligatiull Bonds. ,\11 theI


-.., ...I ....2 185MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61-0225aldermen voting aye, Mayor Patterson declared themotion carried.IIIn lere came on for consideration the matter <strong>of</strong> issuing general obligation bonds <strong>of</strong> theCily <strong>of</strong> Oxlem!, Mississippi, and after a discussion <strong>of</strong> the subject matter, AldermanI\lurgan<strong>of</strong>fered and moved the adoption <strong>of</strong> the following resolution:I1ESOLUTION DECLARING THE INTENTION OF THE MAYORAND BOARD OF ALDERMEN OF THE CITY OF OXFORD,1\1ISSISSIPl'l, TO ISSUE GENERAL OBLIGATION BONDS OFSAm MUNICIPALITY IN AN AGGREGATE PRINCIPALAMOUNT NOT TO EXCEED FIVE MILLION FIVE HUNDREDTIlOlJSAND HOLLARS ($5,500,000) TO RAISE MONEY FOR THEI'lil{POSE OF (A) ERECTING MUNICIPAL BUILDINGS ANDATHLETIC STADIUMS, PREPARING AND EQUIPPINGATIILETIC FIELDS, AND PURCHASING BUILDINGS OR LANDTtiEHEFOi


186MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61-226Hundred Three Thousand Forty-Two Dollars ($277203,042), and the <strong>City</strong> he,outstanding bonded indebtedness as subject to the fifteen percent (15%) debt limitprescribed by Section 21-33-303, Mississippi Code <strong>of</strong> 1972, as amended. in the "!llOlJnt<strong>of</strong> Nineteen Million One Hundred Fifty-One Thousand Dollars ($19.151 J)()IJl. RndoLltstanding bonded and floating indebtedness as subject to the twenty percent (2()' 0 \ dehtlimit prescribed by Section 21-33-303, Mississippi Code <strong>of</strong> 1972. as amended (I' hi ellamount includes the sum set forth above subject to the fifteen percent \ 1'%) del,t limit I.in the amoLlnt <strong>of</strong> Nineteen Million One Hundred Fifty-One Thousand ])"lIars($19, lSI ,000); andIWHEREAS, the issuance <strong>of</strong> the <strong>City</strong>'s general obligation bonds as helein~ner set I,nthto be issued, pursuant to the Act, when added to the outstanding bonded inckhtcdncss <strong>of</strong>the <strong>City</strong>, will not result in bonded indebtedness, exclusive <strong>of</strong> indebtedness lV.lt sl,hi",:t t'1the aforesaid fifteen percent (15%) debt limit. <strong>of</strong> more than Ii fteen percent \ 1 "'" I "'I. heassessed value <strong>of</strong> all taxable property within the <strong>City</strong>, and will not result in illdehl,,·.jness.both bonded and floating, exclusive <strong>of</strong> indebtedness not subject to the alineqid t\\ent\percent (20%) debt limit, in excess <strong>of</strong> twenty percent (20%) <strong>of</strong> the assessed ".81)1" !If" IItaxable property within the <strong>City</strong>, and will not exceed any constitutional [1r st~tut"l\limitation upon indebtedness which may be incurred by the Cit\,: andWHEREAS, there has been no increase in said bonded and floatinf! general "hliuati('nindebtedness <strong>of</strong> the <strong>City</strong> since May 31. 2012; andWHEREAS, in connection with the Project. the <strong>City</strong> expects to incur expenscs forwhich the <strong>City</strong> will advance internal funds: andWHEREAS, the <strong>City</strong> desires to be able to reimburse itself for all or a portion "I' suchexpenses <strong>of</strong> the Project from the proceeds <strong>of</strong> such general obligation bonds: endWHEREAS, the Governing Body is authorized and empowered b\' the A'.:t t" i""ucgeneral obligation bonds <strong>of</strong> the <strong>City</strong> for the purposes as hereinafter set li.1rth end there arcno other available funds on hand or available from regular sources <strong>of</strong> income Illr sllchpurposes.NOW, THEREFORE, BE IT RESOLVED BY THE 1\1 A YOH. ANI) HOi\ HP OFALDERMEN OF THE CITY, ACTING FOR AND ON BEHALF OF THI' {TfY,AS FOLLOWS:SECTION 1. Pursuant to the Act. the Governing Body. acting ("r :m,1 "n j,pj,nlf<strong>of</strong> the <strong>City</strong>, does hereby declare its intention to issue and sell general nblig"li,," [",,,cis "I'the <strong>City</strong> in an aggregate principal amount not to exceed Five Million rj\ e 'IunciredThousand Dollars ($5,500,000) (the "Bonds").ISECTION 2. The Bonds are to be issued to rmse money for the p"tJ'nse uffinancing the Project in accordance with the Act.SECTION 3. The Bonds may be issued in one or more series and \\ill I'cgeneral obligations <strong>of</strong> the <strong>City</strong> payable as to principal and interest out <strong>of</strong> ami secured han irrevocable pledge <strong>of</strong> the avails <strong>of</strong> a direct and continuing tax to he le\ied anllual"without limitation as to time, rate or amount upon all the taxable properlv I'itlli.n thegeographical limits <strong>of</strong> the <strong>City</strong>.ISECTION 4. The Governing Body proposes to direct the issuance or 811 ('r 811\portion <strong>of</strong> the Bonds in the amount and for the purposes and secured HS ~roresnid at ameeting <strong>of</strong> the Governing Body to be held at its usual meeting place in tl", Cit\' Ilal! inthe <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi. located at 107 Courthouse Square. (Ixford. ~li'siss;J1I';.at the hour <strong>of</strong> 6:00 o'clock p.m. on August 21,2012 or at some ll1eetin~ '". Ill etin\!5psubsequent thereto; provided, however, that if ten percent (10%) nfthe Qlwlijl d cled",..s0<strong>of</strong> the <strong>City</strong> or fifteen hundred (1,500), whichever is less. shall 11 Ie a \\r;tten P'''ICSI \\ilbthe Clerk <strong>of</strong> the <strong>City</strong> against the issuance <strong>of</strong> the Bonds on or hefore sC1id dalP and hourpursuant to the Act, then the Bonds shall not be issued unless approv-ed at "n ekel;!ln "nthe question <strong>of</strong> the issuance <strong>of</strong> the Bonds called and held as pw\'iried h' 1,,\\: p


I ......4187MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226the lionels, then the Bonds may be issued without an election on the question <strong>of</strong> theissuance thdeo( at any time within a period <strong>of</strong> two (2) years after said date.ISECTION 5. The <strong>City</strong> Clerk is hereby directed to publish a copy <strong>of</strong> thisresolution once a week for at least three (3) consecutive weeks in The <strong>Oxford</strong> Eagle, anewspaper published in and having a general circulation in the <strong>City</strong> and qualified underthe prm isi()1ls <strong>of</strong> Section 13-3-31, Mississippi Code <strong>of</strong> 1972, as amended, with the firstpublication being not less than twenty-one (21) days prior to the date set forth in Section-+ ()f 1hi, r,,,,,lutilln, and the last publication being made not more than seven (7) dayspril)j' Vi :::;u..:h date.SECTION 6. fhe <strong>City</strong> Clerk is hereby directed to procure from the publisher <strong>of</strong>the atllresaid newspaper the customary pro<strong>of</strong> <strong>of</strong> the publication <strong>of</strong> this resolution andha\'c the SUI,jc before {he Governing Body on the date and hour specified in Section 4!lcfc0fSEcnON 7. The <strong>City</strong> hereby declares its <strong>of</strong>ficial intent to reimburse itself fromthe proceeds <strong>of</strong> the Bonds for expenses incurred with respect to the Project subsequent tothe dale 01 this resolution. This resolution is intended as a declaration <strong>of</strong> <strong>of</strong>ficial intentUlhlcr Treasury Regulation Section 1.150-2. The Bonds will not exceed an aggregateprincipal amount <strong>of</strong> Five Million Five Hundred Thousand Dollars ($5,500,000).SECTiON 8. If anyone or more <strong>of</strong> the provisions <strong>of</strong> this resolution shall for anyreason be held to be illegal or invalid, such illegality or invalidity shall not affect any <strong>of</strong>the other 1ll


188MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDOEMENT·MERIDIAN 61-226Aldennan Ney Williams voted:Alderman E.O. Oliver voted:Alderwoman Janice Antonow voted:Alderman Ulysses Howell voted:Alderman Preston E. Taylor voted:Alderman Jason Bailey voted:Aldennan John Morgan voted:AYEAYEAYEAYEAYEAYJ:;\YEIThe motion having received the affirmative vote <strong>of</strong> a majority <strong>of</strong> the memhers "fthe Board <strong>of</strong> Aldennen present, being a quorum <strong>of</strong> said Board <strong>of</strong> Aldepnen. the ~ Jay()[declared the motion carried and the resolution adopted this lih day 0 r J uh. 2()) 2.11136232902914Alderman Williams recused himself Ii-om the meeting at this time.RESOLUTION OF SUPPORT: It was moved by Alderman Hmvell. se':ond~,1 b,·Alderman Taylor to adopt the foIJo\\;ng rp't)lllt;u"<strong>of</strong> support for the CON A ppl icatioll or J~ ~ 111- i~ \ 1for the replacement and relocation ()flhe;r "'''·.ri[81.All the aldermen present voting aye. "I,n(>rPatterson declared the 1110tion carriedII


- - - ----- - - --- - --- --- - --- -------------~--189MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226,REGARDING CERTIFICATE OF NEED APPLICATION OFHArns'!' MEMORIAL HOSPITAL-NORTH MISSISSIPPI, INC.The Board took up for consideration the Certificate <strong>of</strong> Need Application <strong>of</strong> BaptistMemorial Hospital-North Mississippi, Inc. ("BMH-North Mississippi") for the Replacement andRelocation <strong>of</strong> Baptist Memorial Hospital-North Mississippi (the "CON Application"). Upon dueconsideration, the Lafayette County, Mississippi Board <strong>of</strong> Supervisors adopts the followingResolution, which was first reduced to writing:RESOLUTION OF THE MAYOR ANDTffE BOARD OF ALDERMAN OF OXFORD, MISSISSIPPI,SUPPORTING THE CON APPLICATION OFBMH-NORTH MISSISSIPPI FOR THEREPLACEMENT AND RELOCATION OFBA1'TIST MEMORIAL HOSPITAL-NORTH MISSISSIPPIWHEREAS, in the CON Application, BMH-North Mississippi proposes to relocate andr"place its existing 217-bed hospital in <strong>Oxford</strong>;WHEREAS, the new replacement facility will be a state"<strong>of</strong>-the-art medical centerdesigned to Selve the current and future health needs <strong>of</strong> the North Mississippi community;North lvlississippi have presented an overview <strong>of</strong> the replacement facility and the CONA Pl'lic&tiul1 to the members <strong>of</strong> the Board <strong>of</strong> Supervisors <strong>of</strong> Lafayette County, the Mayor <strong>of</strong> theCllY "f\J"ro,",1, and the Board <strong>of</strong> Alderman <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>;WHEREAS, the Board has considered the CON Application and the proposed project forthe feplacemellt hospital, and has determined that this project will greatly enhance the health andI


~~~~ -----~~--~ ~-- -~-190;=----MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORD DeM"T MeR'D"N " 226·~--"';we~lliT~iOb;;;ej;;m;-;:g;-o;:;;fr-th~ecitizens<strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Lafayette Co-un-ty-, -a-n~d~t-h~e~N=n~,t~tl="\ ~1V~I"=i S~SJ~' S~Si~P=P=Cililcommunity;I'WHEREAS, the Board has determined that the proposed replacement hospital is in thebest interests <strong>of</strong> the citizens <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>;WHEREAS, the Board desires to express its unanimous, strong support for the approvalI<strong>of</strong> the CON Application and the proposed project.NOW, THEREFORE, BE IT RESOLVED BY the Mayor and Board <strong>of</strong> Alderman <strong>of</strong> theII<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, that the Mayor and the Board hereby endorse wd strongly supportthe CON Application and the proposed project to construct a replacement hospital by BMH~,INorth Mississippi, and the Mayor and the Board respectfully request tIle Mississippi StateDepartment <strong>of</strong> Health to approve the CON Application for this project.After full discussion <strong>of</strong> this matter, Alderman _Howell ____ _moved thatthe foregoing Resolution be adopted and said motion was seconded by Aldeml8ll_~Taylor ____ -" and upon the question being put to a vote, the vote was as follows:Alderman HowellAYE,: I,Alderman WilliamsAlderman TaylorAlderman OliverRecusedAYEAYEIAlderman BaileyAYEAlderman AntonowAYEAlderman MorganAYE2I


191MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226nl~,,(iJlg(,f the 1\ layor and the Board <strong>of</strong> Alderman <strong>of</strong> <strong>Oxford</strong>, Mississippi; on this the _17th_day vf_July .~ __ ~ 2012.GEORG"PAT" PATTERSON, MAYORI3I


~I192MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61-226Aldennan Williams returned to the meeting at this time.1ILIBRARY REQUEST:First Regional Library came bet()J"e liFe ~ Javor andBoard <strong>of</strong> Aldermen to request the same Ie\el <strong>of</strong>funding as previous years for the Ox ford-l.afa\etteCounty Library.III


'"~...-I~"cffil" zwLibrary Value "Calculator" - Lafayette County/<strong>Oxford</strong> Public Library>wcC ~uantity Public Library Services Used by Retail ValueIX:0 <strong>of</strong> Use Citizens <strong>of</strong> <strong>Oxford</strong> Last Year Value <strong>of</strong> Servicesu..>


194 7~~~~-MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61·226BroS:EMERGENCY PURCHASE:It was moved by Alderman Morgan. secnncied b,·Alderman Howell to authorize adver!is~ll1e)1t <strong>of</strong>bids for a tracked mini·derrick l11achinc.\ lithealdermen voting aye. Mayor Patterso" declme(1 themotion carried.It was moved by Alderman Williams. secnmled lwAlderman Taylor to accept the report (In theemergency purchase <strong>of</strong>a bulldo7:er f;,r the landfillin the amount <strong>of</strong> $334.145.84 li·om ThompsonEquipment. All the aldermen voting me. i\la\DrPatterson declared the motion carried.III


HIn0\ ~I


196 8MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 51-226PARADE PERMITS:RESERVE OFFICER:FBI NATIONAL ACADEMYCONFERENCE:MINIMUM HIRINGAGE:COMMITTEE FOR DESIGNBUILD OF TENNIS COMPLEX:STORl'vl PREPAREDNESSAND MITIGATIONMEETING:AMENDMENT:AMENDMENTS:Chief Martin came before the I\lay


.. ~_.,9 197MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226IIIPROII'S:SIONAL JUDICIALLlEVELOI'~IENT:RESlilf't-\iION:PRlil\ICHI()N:.-\DVI'R IISI·.:EXICUTIVE SESSION:,\PPR\IS.-\L:RFliliL\R SESSION:I


198DEMENT-MERIDIAN 61·226STATE OF MISSISSIPPICOUNTY OF LAFAYETTECITY OF OXFORDRECESSED MEETINGCALL TO ORDER:July 19,2012g:()() 8.m.IPursuant to the order <strong>of</strong>JlIly \7,201.2 the \18\(" and BC1a'l<strong>of</strong> Aldermen did meet at 8:00 a.m. ('11 r,It's,hn . .lu" J 0. I2012 in the conference roolll<strong>of</strong>the Cit, J lall "1",,, 811(.1where the following were present:IGeorge "Par' Patterson - MayorNey Williams- Alderman \Va,d IE.O. Oliver- Alderman Ward IIJanice Antonow- Alderman Ward IIIUlyssess Howell-absentPreston Taylor - Alderman Ward VJason Bailey - Alderman Ward VIJohn Morgan- Alderman At LargeIAGENDA:FIRE DEPARMENT:PUBLIC WORKS:FINANCIAL ADM:RECESS:Bart Robinson-Chief Operatiolls OfficerLisa Carwyle- <strong>City</strong> ClerkAl Hope- Director <strong>of</strong> Human ResourcesIt was moved by Alderman j'''organ. seconded b\Alderman Williams to adopt the agenda h' th~ meeting.All the aldermen voting aye. Mayor P811erS(,1l 'k'.-Iared themotion carried.Cary Sallis callle before the 1'.1avor mld ll


199llii,IItED STAMJNUfEI8QOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226SL\TE Of tllIS:)ISSIPPICOUNTY OF L\FAYETTECI j Y OF ()XHW.DIIRECESSED I\IEETINGCALL TO ORDER:-"-


200rMINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-225BUDGIe I:BUDGET:BUDGET:MOUNTED PATROL:OED:RECESS:Donna Fisher presented (he 2012-2013 Budget I,'r theCourt Department to the Mayor and Bomd or Aldermen.Brad Freeman presented (he 2012-2013 13udget I,,, FNCPark (0 (he Mayor and Board <strong>of</strong> Aldermen.Alderman Antonow discussed the possibilily or leasing ahorse bam in the <strong>City</strong> for the I\lounted Patrol. The detailsare still being worked out.Rob Neely with <strong>Oxford</strong> Electric DepartnlPllt requestedmerit raises for some employees. This "ill be ,liscu"edlater with all raises proposed in the Cit,.It was moyed by Aiderillan Antono\\" .. scu>ndpd I"Alderman OliYer (0 recess the meeting lIllfil1 ill"',,!", . .lu"26,2012 at 8:00 a.m. All the aldermen ,,,ting;n P. ~ len,,/"Patterson declared the motion carried.IGeorge G. Patterson, MayorII


201UI\ITED slxlMLNUiliEuBDOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226ST ".It: OF f\IISSISSIPPICOUNTY OF LAFAYETTECIlY OF OXFORDIIRECESSED MEETINGC.".LLIO ORDER:.'GLNDA:OR Dil'iAM'E 2012-4:f\1:\ YOI


202u_M!t!YJlisi~Q~ ~8cri(1§i~r'pEj'J;.' EQfrjn9 lS,fs2!iqede'~~\11~~'t~'"-"'regulations requires substantial time and training. Many <strong>of</strong> the compliance issuesIdiscovered during the self-evaluation are features <strong>of</strong> new or newly rel1(n ated :construction. It is belief <strong>of</strong> this Commission that the continued prohlelllS "ithinaccessible city environments are a result <strong>of</strong> insufficient time and reS(l1lrCeS The Ci(v'sADA coordinator also serves as the Human Resources director. We ('flinT Ihat thi'dual role prevents the ADA Coordinator from having adequate time to 1l1"11i!(lJ'accessibility problems and develop solutions in a timely manner.Priority Two: Transition PlanThe Mayor's Commission on Disability Issues has thoroughly rnie\ved the transitionplan submitted by the ADA Coordinator'S <strong>of</strong>fice. We were asked to pri('ritize thefacilities in order <strong>of</strong> importance to assist the <strong>City</strong> in budgeting for corrective action. \Vehave done that; however, we wish to stress to the <strong>City</strong> that the accessihility pi allfacilities is important. It is our hope that the <strong>City</strong> will set a schedule j,'r the c(lrrecti\cactions that allows for the timely rectification <strong>of</strong> these accessibility prohlems.ILevell - <strong>City</strong> Government, Transportation, Security and Voting Facilitiq1. <strong>City</strong> Hall2. <strong>Oxford</strong> Police Department3. <strong>Oxford</strong> Electric Department4. RSVP5. <strong>Oxford</strong> Conference Center6. <strong>Oxford</strong> Activity Center7. Stone Center8. OUT Bus Stops - Shelters, paths <strong>of</strong> travel, etc.Level 2 - Parks and Recreation Facilities1. <strong>Oxford</strong> <strong>City</strong> Pool2. FNC3. Bailey Branch Park - FNC4. Avant Park5. Pat Lamar Park6. Rivers Hill Park7. Price Hill Park8. Stone Recreation Center9. <strong>Oxford</strong> Skate Park10. John Leslie Tennis Complex11. Hank Aaron Baseball ComplexILevel 3 - Administrative Offices and Low Public Traffic Facilities1. <strong>Oxford</strong> Fire Department2. OUT Transit Offices3. <strong>Oxford</strong> Parks Commission Offices4. LQC Lamar House5. Cedar Oaks6. Skipwith CottageIThe <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> should frequently reference the Self-Evaluation and Iransitil'l) !,len duringthe process <strong>of</strong> correcting accessibility problems. This document details very clearly thecorrective action needed to bring each facility up to code.We also encourage the <strong>City</strong> to remember that the Transition Plan is a living doc(lInent thatshould be evaluated and updated frequently to ensure that all city facilities become, and remain.available and usable by all community members and visitors to <strong>Oxford</strong>.


,203MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61·0226TLc i\ kllll)cf:; "r lhe ]vlaYGr's Commission on Disability IssuesIP,\I(KlNli (,()~IMISSION:The Parking Commission recommended an agreement withStandard Parking to manage the Downtown <strong>Oxford</strong> On­Street parking. The Board will consider the proposal for avote at their first meeting in JUly.00" .. 10\\'11 <strong>Oxford</strong> On-Street Parking Management Proposal SummaryPhase I (7-26-2012)I. The DowlHown Parking Advisory Commission has voted to recommend to the Board <strong>of</strong>.\lcicrIllel1 it phased approach to managed parking, emphasizing a two-hour time limitcntllrcement <strong>of</strong> "Premium Zones 1 & 2" on-street parking in downtovvTI <strong>Oxford</strong> between theIiLlur:; <strong>of</strong> 8wl1- 8pm daily except Sundays and holidays using (I) License Plate Recognition(il'H., ICChlluk'gy, (2) an improved revenue collection (T2 System), (3) a revised <strong>City</strong> Codeo( [larl.ing llile violalion amounts and "booting"/immobilization procedures, and (4) StandardI'",-king lu inlpiement and caITY out these recommendations.) Initial cupitctlcosts include a small vehicle ($25,000), leasing <strong>of</strong> the LPR technology ($45,000)t,; be paid ,n c,- three years, and three boots ($600 each).3. ~tctl"iitlg tll i"elude nne full time manager (hired Inca\ly) and two part time enforcementlJ ((iecL).-1. hHI11'.l adjudication/appeals process will be established by the Commission.II). Implementatiun <strong>of</strong> Phase I parking proposal will include a 30-day public education &tilillilia,-izatioll period during which all new time limitation violations issued during thisperiod \\ ,lulei be waived and violators provided infolTl1ation summarizing the new parking:;ystem and penalties t(lr violations. All other fines and violations, to include all currentuncollected lines, would continue to be valid and collectable.6. Cude revisions necessary after 30-day education & familiarization period <strong>of</strong> new parking:::;YSlct11:*Ihe lirst time limitation violation within a 12 month period - free plus providing theviolator lIith information summarizing the new parking system and penalties for violations(L'liiTcIllIJ 1/ 55/ille)., lh..: :;cu""t lime limitation violation within a 12 month period - $10 (current fine),. t h..: rilir..:l tinle limitation violation within a 12 month period - $25 (currentfine)." 1"1,,; (olin/; lIme limitation violation within a 12 month period - $50 (current fine)" Luaciing l.utle violatioll- $100 (currentfine)'i Ali unpuid parking violation tines, except handicap space violations, increase $10 every 30cIa) , up Ili ct l11aXilllUl11 <strong>of</strong> 60 days (new/ine recommendation)* I fallclicap ,pace violation - $200., lmn,,,biliL:alion - After accumulating four (4) parking time limit violations, two (2)loctding LOIt" violations, or one (I) handicap space violations within a 12 month period; orbk,cUn;! a sidewalk or tire lane/hydrant - $75 removal fee plus payment <strong>of</strong> all outstandingtines and towing/storage fees (revised for consistent enforcement with otherI'ect'JIIlIIli-::lu/utions)" Imll1obilization - A.fter accumulating three or more violations within past 12 months andha:; allowed the tines to go unpaid for 90 or more days.!., ! tIt t.' IIVI ( II It: (,HUEk IIVIMOBILIZA TrON: "after 90 or more days if any parking,,,L.-; 'I, Illot t,,;,;li IJ


204MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 6j -2268. The proposed Standard Parking contract terms include a base management lee <strong>of</strong> J24.000 peryear with two (2) incentive bonuses. The initial contract \yould be for thlee (1) \ ea15 and th!:incentives are worth $1.000 each as fo II 0\\ s:* Achieve a fine violation collection rate <strong>of</strong> 85%* Maintain a 24-hour response (email, text in person or telephone) time (pr all citi7erequests, complaints etc.l9. Projected start-up period operational costs - $10,1 OO/month to $20.000/monlh10. Projected start-up period revenue - $1,800/month to $17,500/monthIII. Projected annual operational cost - $227,700 (approx. $19.000ltnonth)12. Projected annual revenue - $297,600 ($24,800/month)ADJOURN:It was moved bv Alderman Ta\lpr. secnll'.led I".\i


.,205DEMENT·MERIDIAN 61·0226OF THE MAYOR AND BOARD OF ALDERMENOF THE CITY OF OXFORDIPursllant to Section 21-3-21, Mississippi Code <strong>of</strong> 1972 Annotated, I, George G.i'dilerSl111. l\iayor <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, do hereby call the Mayor and Boardelf Ailkrmc •• ,,['<strong>Oxford</strong>, MS, to a SPECIAL MEETING to be held onT.lesd"'JlIgusI7, 2012 AT 10:00 A.M. for the transaction <strong>of</strong> important business.The. '}lecting '.\ ill be held in the court room <strong>of</strong> <strong>City</strong> HaIL The business to be acted upon atUte Special t.iccling in consideration <strong>of</strong> the following:j) .Heritage Foundation request for Burns Belfry. (Jim Pryor)Oxt(lrd Park Commission budget request. (Rob Boyd)Y oknapatwapha Arts Council request. (Wayne Andrews)Humane Society request. (Whitney Rayner and Cyd Dunlap)Discuss lIreworks at <strong>Oxford</strong>-Lafayette game on August 3D, 3012.This Ihe 6th day <strong>of</strong> August 2012.IL Cil) Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, or a Deputy Clerk, do herebycUliti th,n I have nOlified Alderman Ney Williams <strong>of</strong> the foregoing meetingun_ I+cl!lc-"' l/:i~ 'm~L <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, or a Deputy Clerk, do herebycedil~ lilal I have nolitied Alderman E.O. Oliver <strong>of</strong> the foregoing meetinguil_._,.dl.:_at ./ . I?;- a.m.lg.~UMt9Y /cerlit~I, Cil) Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, or a Deputy Clerk, do herebylhal I have notitied Alderman Janice Antonow <strong>of</strong> the foregoing meetingon // .. /.]. at ~r 1


206I, <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, or a Deputy Clerk. d" hne h ,certify thit I have notified Alderman Preston Taylor <strong>of</strong> the ror('~nillg I1 l ee 1illQon t ~llu at Lf ( Ie" a.m.l~;"'),.-/"1II_____'/"/:,' .../ II _,/ I, 1 ,,! 1. 1.1 ,'- I."...-- - V < I.-._. - ---I-. ---- -----; /I, <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>. Mississippi. or a DeputV Clerk. dO' ilert'b:-certify th1t l !lave notifi,;d Alderman Jason Baile) <strong>of</strong> the forell"ill[! l11eell!lgon


207MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226Mayor and Board <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong> <strong>of</strong><strong>Oxford</strong> did meet at 10:00 a.m. on Tuesday, August7,2012 in the court room <strong>of</strong> <strong>City</strong> Hall when andwhere the following were present:IGeorge G. Patterson- MayorNey Williams- Alderman Ward IJanice Antonow- Alderman Ward IIIUlyssess Howell-Alderman Ward IVPreston Taylor- Alderman Ward VLisa Carwyle - <strong>City</strong> ClerkBart Robinson- Chief Operations OfficerAl I Iope- Director <strong>of</strong> Human ResourcesIt was moved by Alderman Howell, seconded byAlderman Taylor to adopt the agenda for themeeting. All the aldermen present voting aye,Mayor Patterson declared the motion carried.IIBURNS BELfRY:OXFORD PARKCOi\Ii\llSSI0N:IIUI\IANE SOCIETY:FIREWOlzKS:"DJOllRN:Jim Pryor came before the Mayor and Board <strong>of</strong>Aldermen to request $10,000.00 in matching fundsfor Phase III <strong>of</strong> the Bums Belfry renovation.Areledia Bennett came before the Mayor and Board<strong>of</strong> Aldermen to present the RSVP budget. RobBoyd came before the Mayor and Board <strong>of</strong>Aldermen to present the OPC budget.Wayne Andrews came before the Mayor and Board<strong>of</strong> Aldermen to request funds for Y AC. They areasking for an increase in their operating funds from$30,000.00 to $35,000.00 and an additional$25,000.00 for renovations at the Powerhouse.Cyd Dunlap and Whitney Rayner came before theMayor and Board <strong>of</strong> Aldermen to request funds foranimal control that the Humane Society contractswith the <strong>City</strong> to perform.It was moved by Alderman Howell, seconded byAlderman Williams to allow the School District toshoot fireworks during the <strong>Oxford</strong> -Lafayette gameon August 30, 2012. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried.It was moved by Alderman Williams, seconded byAlderman Antonow to adjourn the meeting sine-die.All the aldermen present voting aye, MayorPatterson declared the motion carried.George G. Patterson, Mayor~0Lisa Carwyle, <strong>City</strong> Cle'rIC


208MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMEN,ME"""N"'"~~~~ ---~~~~l'I iNITID S 1'\1 ES 01 AMERICAISTXTE 01 i\IISSISSIPPICOllKIY 01 LAFA YETTECITY 01' ()>{FORDIRUiUl\l{ i\IELTINGp.lli.l,\LL (() lJRDI:R:August 7, 2012 6:00The meeting <strong>of</strong> the Mayor and Board <strong>of</strong> Aldermen<strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, was called toorder by Mayor Patterson at 6:00 p.m, on Tuesday,August 7, 2012, in the court room <strong>of</strong> <strong>City</strong> Hall whenand where the following were present:George G. Patterson - MayorNey Williams- Alderman Ward IJanice Antonow- Alderman Ward IIIUlysses Howell- Alderman Ward IVPreston Taylor- Alderman Ward VJason Bailey- Alderman Ward VI1\'layo Mallette PLLC - Of CounselBan Robinson- Director <strong>of</strong> Public WorksLisa Carwyle- <strong>City</strong> ClerkTim Akers - Dir <strong>of</strong> PlanningMike Martin- Chief <strong>Oxford</strong> Police DeptCary Sallis- Chief <strong>of</strong> Fire DeptEddie Anderson- Oil'. <strong>of</strong> SanitationAl Ilope- Dir <strong>of</strong> Human ResourcesRob Boyd- Dir <strong>of</strong> Parks & RecI\(iENIHIt was moved by Alderman Howell, seconded byAlderman Will iams to adopt the agenda for themeeting. All the aldermen present voting aye,Mayor Patterson declared the motion carried.H\YOj(':,I


.,2209MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61·0226It\lINUTES:ACCOUNTSIt was moved by Alderman Antonow, seconded byAlderman Bailey to adopt the minutes <strong>of</strong> the regularmeeting on July 17,2012 and the recessed meetingson July 17,19,23 and 26, 2012. All the aldermenpresent voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Howell, seconded byAlderman Bailey to approve the payment <strong>of</strong> allaccounts for the <strong>City</strong>. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried.OXFORDSCIIOOLDISTRICT 2013 BUDGET:Brian Harvey came before the Mayor and Board <strong>of</strong>Aldermen to request funds for the 2013 budget.The budget request follows below:III....J


~il


,I ~MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORD3211DEMENT-MERIDIAN 61-0226Iope BOARD:OXFORD LAFAYETTECOUNTY VOCATIONAL­TECHNICAL CENTER:It was moved by Alderman Williams, seconded byAlderman Antonow to confirm the County'sappointment <strong>of</strong> Missy Wilson to the OPC Board.All the aldermen present voting aye, MayorPatterson declared the motion carried.It was moved by Alderman Howell, seconded byAlderman Antonow to adopt the following intentresolution to set mill rate for <strong>Oxford</strong>-l.afayetteCounty Vocational-Technical Center. All thealdermen present voting aye, Mayor Pattersondeclared the motion carried.II


212MINU~~§~Q~Pi~ib£g~uREERM9~Q~. ~DEM~ENO'M====E"'D"==="'226CITY OF OXFORD, MISSISSIPPI, DECLARING ITSINTENTION TO PROVIDE ITS PRO RATA SHARE OF TllfOXFORD-LAFA YETTE COUNTY VOCA TlONAL-TECHNICAL CENTER(OXFORD-LAFAYETTE COUNTY SCHOOL or APPLIED TFCIINOLOGY)WHEREAS, the Board <strong>of</strong> Trustees <strong>of</strong> the <strong>Oxford</strong> Municipal Separate School District unanimousl"adopted a Resolution and Order requesting the Mayor and Board <strong>of</strong> Aldermen <strong>of</strong> tile Cit) <strong>of</strong> Ox f,'I'ci.Mississippi, to levy taxes in the amount <strong>of</strong>$250,000.00 to assist in the operation o1't"o Ox f,'rd -I_a I:,\ett 'ICounty Vocational Center (<strong>Oxford</strong>-Lafayette Coullty School <strong>of</strong> Applied Techllo\c'g)) illc'rller to enahl,the <strong>Oxford</strong> Municipal Separate School District to pay its pro-rata share <strong>of</strong> tile operati .. 'n <strong>of</strong> the Oxf('rd-'Lafayette County Vocational-Technical Center during the 20 I 2-20 13 school se"ion: andI ,WHEREAS, the <strong>Oxford</strong> Municipal Separate School District. under agre~ment entered into by and'between the <strong>Oxford</strong> Municipal Separate School District, dated September 28. 1971. is "bl igated te' pay itspro-rata share <strong>of</strong> the operation <strong>of</strong> the <strong>Oxford</strong>-Lafayette County Vocational-Technical Center (<strong>Oxford</strong>-Lafayette County School <strong>of</strong> Applied Technology); and,WHEREAS, as required by law. and particularly Section 37-7-409. rvlissi5Sippi (,(,de (,f 1972.Annotated, and amendments thereto, the Mayor and Board <strong>of</strong> Aldennen are required to make such len asrequested in said Resolution and Order <strong>of</strong> said Board <strong>of</strong> Trustees. and to declare its intentinn to do so 11)'this Resolution, and as hereinafter provided, and in accordance with said Section ,'/ -/ -411 0 .NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD nl .\Idermen 0'Ithe <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, as follows:Section I: Pursuant to the aforesaid Resolution and Order <strong>of</strong> the Board <strong>of</strong> Trustees <strong>of</strong> the OXfiJr~'Municipal Separate School District and as required by law, and particularly said Section 3/-7-cj09. theMayor and Board <strong>of</strong> Aldermen declare its intention to levy taxes in the amount <strong>of</strong> $250.00(\.00 for the,purpose <strong>of</strong> providing funds to said school district to assist in the operation <strong>of</strong> the Oxiillll-l.afayetteCounty Vocational-Technical Center (<strong>Oxford</strong>-Lafayette County School <strong>of</strong> Applied leclll1'.llnQ\) a~, IIprovided by law and in particular said Section 37-7-409.I!Section 2: That this Mayor and Board <strong>of</strong> Aldermen proposes to make said len at a Illeeting l,f saidMayor and Board <strong>of</strong> Aldermen to be held on September II. 2012 at 4:00 p.l11.!If the lessor <strong>of</strong> I SOf) ('jtwenty percent (20%) <strong>of</strong> the qualified electors <strong>of</strong> the <strong>Oxford</strong> Municipal Separate School District shallitl :a petition against the making <strong>of</strong> said levy herein provided for within the time specij'ed in Secti(,,, -' (,fthiResolution, and requesting an election on the proposition <strong>of</strong> levying such additional I:)X for schuolIpurposes, then such levy shall not be made until an election shall be held to determine \\ hether or not 36's<strong>of</strong> qualified electors <strong>of</strong> said district shall favor the additional levy for school purpose:;.Section 3: That this Resolution shall be published once a week for not les:; than three (3consecutive weeks in The <strong>Oxford</strong> Eagle, a newspaper published and having a general circulatioll i,):I


,213<strong>of</strong> 19-18, and amendments Ihereto, The first publication <strong>of</strong> this Resolution shall be made not less thanI\\enty-one (11) days prior to the date fixed in Section 2, <strong>of</strong> this Resolution for the making <strong>of</strong> suchad,litianal levy, and the lasl publication shall be made not more than seven (7) days prior to such date,That if within tifteen (15) days after the final publication <strong>of</strong> the Resolution, a petition signed by the lessorI<strong>of</strong> 1500 or twenly percent (20%) <strong>of</strong> the qualified electors <strong>of</strong> the <strong>Oxford</strong> Municipal Separate SchoolDistricl requesling an election on the proposition <strong>of</strong>levying such additional taxes for school purposes istikd \lith the <strong>City</strong> Clerk <strong>of</strong>the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, such levy shall not be made until an election shall be heldto detennine whether or not 3/5'5 <strong>of</strong> qualified electors <strong>of</strong>the <strong>Oxford</strong> Municipal Separate School Districtshall favor the additional levy for school purposes, All as provided in said Section 37-7-409, MississippiCode <strong>of</strong> 1972, Annotated, and amendments thereto,Seclion 4: That lhe <strong>City</strong> Clerk shall be and she is hereby directed to obtain from the publisher <strong>of</strong>theal(,r,,,aid newspaper, the customary Pro<strong>of</strong> <strong>of</strong> Publication <strong>of</strong> this Resolution, and shall have the samebeI'ore the Mayor and Board <strong>of</strong> Aldermen on the date specified in Section 2 <strong>of</strong> this Resolution,Alderman _Howell__ lllade the motion which was seconded by Alderman _Antonow___10 adopt Ihe foregoing Resolution, which was introduced in writing at the meeting <strong>of</strong> the Mayor andIBoard <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, held on August 3, 20 I 0, and was at said meeting,read, considered, and adopted, paragraph by paragraph, section by section, then as a whole, and thequestion being put to a roll call vote, the result was as follows:Alderman Williams voted AYEAlderman Oliver voted ABSENTAlderman Antonow voted AYEAlderman Howell voted AYEAlderman Bailey voted AYEAlderman Taylor voted AYEAlderman Morgan voted ABSENTApPl'llved, this the 7th day <strong>of</strong> August, 2012,IXITEST:'~/ l.i~d Car\\')' IeLb.~ D. C. \ R IN Y :-L ccE.-cC"'I~TCO-yC-C:C:-L;-CER K__ lsi George Patterson __George G, PattersonPublish: August 14, August 21 and 28, 2012


214 4MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61·226Do\VNTOWN PARKINGMANAGEMENT:It was moved by Alderman l\ntOl1(1\\. seconckd bvAlderman Bailey to authorize ~layc1[ Patterson tosign contract with Standard Parking f(Jr dCl\\ntc)\\"Ilparking management services. All the aldernlenpresent voting aye, Mayor Patterson declared themotion carried.I,III


.,III ~215MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226MANAGEMENT AGREEMENTThis MANAGEMENT AGREEMENT (this "Agreoment") is made and entered into as <strong>of</strong>the 14"' day <strong>of</strong> August 2012, by and between <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, a municipal government("OWl." ... '), alld SP Plus® Municipal Services, II division <strong>of</strong> Standard Parking Corporation, aD"law .. c (:orporalion ("OPCl'utOl''')"IWITNES SETH:THAT, WHEREAS, Owner presently owns or controls multiple PI\,\~tI~)ij"!fL!'Itp~rking spilces having approximately 1,188 aggregate parking spaces;WHEREAS, OperataI' is an experienced operator and manal~I~\f!ilr~:lngstreet parking spaces; andon-streetWHEREAS, Owner and Operator desire to en~~I\lI,lt{j~n agrl~emlent whereby Operator willmanage all parking <strong>of</strong> motor vehicles at thein Section 1 below), including,parking enforcement services,and citation collections, on the termsset fonh below,NOW, THE:RE!l@loontained, [ite<strong>of</strong> the mutual covenants and agl'Cemellts hel'CinI1. Owner hereby grants to Operator and OperatOl" herebyaccepts theand obligation <strong>of</strong> administering, managing and operating the parkingo1')


216'iI ,MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61·226month during which said notice is received. The term "Yenr" shall mean the twelve (12)consecutive months beginning with the Commencement Date and each twelve-month periodthereafter,3. OPERATQR'S OBLIGATIONS AND SERVICES I OPERATING EXPENSES.Operator hereby covenants and agrees that it will:I:b(a)Supervise and direct the opera!lon <strong>of</strong> the Premises aR'j!it'\lJ".g~~·tfjcustomary services incidental thereto for(Citation issuance and collection <strong>of</strong> citation '''''''no'M,''\lsual andservice~I(b)Employ sufficient experiencedPremises who will be COUlWOUSpersonnel to operate the'1l!l.!W0&\P.rlu render the Services.(c)(d)Promote, advertise and ei~~~fr!~ the volume, efficiency andquality .~ hereunder. .assistance monitoring servke to remotely assistcustomer service questions they may have while"Cenll'a) Monitoring Service").(f)(g)transient IIsers <strong>of</strong> and monthly parkers at the Premises parkingand other charges as directed by Owner. Where Owner requests\,.QiP€ii·alclr to establish and/or honor non-prepaid validation Fgreemenls orpro'gl'llms with any third parties or Owner's tenants, OpelRtor sh. II not beresponsible for any uncollectible receivables in connection with suchagreements or programs.Attend meetings with Ownet' and pal1icipate in community outreachmeetings as requested by Owner from !lme to time,Advise Owner on best practices related to the operation <strong>of</strong> the l'remises an~the future expansion <strong>of</strong> Owner's parking progt'am, which may include theconstruction <strong>of</strong> a future parking garage.I(h) Annually during the telm, Operator shall prepare and deliver- to ()wn~,. "budget, for Owner's reasonable approval, reflecting the Gross Receipts "ndOperating Expenses (defined below) which Operator expects 10 receive andincur, respectively, during Owner's forthcoming fiscal year (the "Rudget").It is acknowledged that Owner's fiscal year is October l"t through September30"', and Operator shall pl'Ovide the Budget to Owner by June 30'" <strong>of</strong> eachYear for the forthcoming fiscal yeal', Operator shall proVide a p


,217MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226Operating Expenses likely to be incurred during said period will exceed theBudget's projected total by more than ten percent (10%), Operator shall soadvise Owner, and Owner and Operator shall jointly discuss what actions, ifany, could be taken to minimize the Operating Expenses withoutsubstantially impairing the operatIon <strong>of</strong> the Premises.IIOWller shan pay Operator for expenses incwl'ed by Operator in the p


218MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61 ·226.~~~IBURNS CHURCHRENOVATION:TRANSIT FACILITY:It was moved by Alderman Taylor, secollded bvAlderman Bailey to approve the change ordcr fllfBurns Church Renovation project in the amount <strong>of</strong>$9,504.00. All the aldennen present \"ting aYe.Mayor Patterson declared the motioll carried.It was moved by Alderman Willial11s. ,econded b\Alderman Antonow to reject the bid, for the TransitFacility site work, based on the foll('\\ingrecommendations and authorize pennission II' rebidthe entire project. All the aldermen rresenl \dingaye, Mayor Patterson declared the ]1wti')11 carried.III


.,219MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61·0226MEMORANDUMITOFROl\I:Ii. L:<strong>City</strong> <strong>of</strong> <strong>Oxford</strong> Board <strong>of</strong> AldermenAugust 2, 2012Tim AkersTransit Facility Site Work BidThe sire: work bid t~1r the proposed transit facility was due on July 31,2012.Five: bids II'ere received with Southern General Contractor, LLC's bid <strong>of</strong>$ I 96,UO() being (he lowest. The second lowest bid was $288,000 submittedby D, Carroll Construction LLC. However, only one bid (D, CarrollClll1,;(rLicliul1, LLC) was declared responsive due to failures to adequatelydlll'Ull1ell( good faith efforts in identifying Disadvantaged BusinessEnkrprisL (DBE) project participation.ISubseqLlellt to (he bid opening, the apparent lowest bidder requested towithdrdl\' their bid for an acknowledged omission <strong>of</strong> required work in theirprllpo:-,eci amOUllt. The value <strong>of</strong> the omitted work was approximately~-'7,O()(), Due to the possibility <strong>of</strong> cost savings to the city and the failure <strong>of</strong>,til but lll1C <strong>of</strong> the bidders to comply with the DBE guidelines, staff1\;CdlllIl1Clllb that the project be rebid,I


220~ I,~INUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61·226August 1,2012George Patterson, Mayor<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>107 Courthouse Square<strong>Oxford</strong>. MS 38655IR[:Sitework PackageOUT New Maintenancc & Opcrations FacilityBid Tablliation & RecomlllendationDear Pat:Southern General Contractors, the apparent low bidder ell) the alwvc rt:i'ercllc!:d 1" ""','1.has requested to withdraw their bid for an acknowledged oll1issiun


.,MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORD221DEMENT·MERIDIAN 61·0226CFHTlFII:n Bill TABULATION FORMIlLLlll! l';lll\,.;]":;,ll; il-dlbil SyStelll~";\'. \lJllll....:iLlllC'-· S.: Opcratll")IlS Facility:)1\":\\ ll)-I, tJ,jlj,[I:';-:-l'i',j'nl"lt !\iissi::,sippiArchitect's P.N· 1010-13(,dltl':IUllr:Base Bid:,'l!)udlcrn Celler;!1 C(llltractDrs, LtC S 196.000- Lilill,-'.ll--: II( jZ(!SPdlbiliiiil) ;! I 766-l-MC\lj,j";IlJlllj, ,,,Pli!bibilil) ii08212-I\IC'> HI,I ~":'''':lll'il: lj]cl11ilC IZ


222MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226I certify that this is a correct tabulatioll <strong>of</strong> all bids received for this Proi~c( (111 [h,~' d'lk :,L!: ,"! ,!I",\·'--V""W"/~~~",,)---- .~ll( 1r)L~,III


,6 223MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226IREDISTRICTING PLAN:It was moved by Alderman Antonow, seconded byAlderman Bailey to approve the proposedredistricting plan and authorize submission to theDepartment <strong>of</strong> Justice. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried.II


224--.... i:::~, '\ 0


<strong>City</strong>tr:Current Ward Plan-~ illl Deviation Black Minority! I Black VA? Minority VA?II" ...... II.I~~.... i:t Total Ideal Tnt", \lAC2 ~II 3,3601 3,136.31 223.71 7131 4041 12.021 5451 16.221 2,8291 3321 11.741 4391 15.523 III 3,3341 3,13<strong>63</strong>L.197.71 6.301 6121 18.361 7841 23.521 3,0551 5151 16.861 6591 21.574 C III 2.4931 3,136.31 .643.31 -20.511 1.4191 56.921 1,6801 67.391 1,9101 9401 49.211 1,1431 59.845 ~ III 4,0181 3.,36.31 88171 28.111 9801 24.391 1,3721 34.151 3.4071 '7-591 22.281 1,0731 31.4920.5625.98X<strong>City</strong><strong>of</strong>C Mississippi: Proposed Ward Plan (Option A)Percent13.89"~ III Deviation Black MinorityWar~ Total Ideal T_ ..... \//I,CI Black VA? Minority VA?NumberPercent1 ?" III 3,1841 3,136.31 47.7 16.542 t-III 3.0701 3,136.3\ -66.3\ -2.11\ 264\-- 860\ 393\ 12.801' 2,573[- 220\ 855\ -318] 12.3<strong>63</strong> t \111 3,0<strong>63</strong>1 3,136.31-7331 -2.341 5431 17731" 6811 22.231 2,7991 4481 16.011 5621 200814 -.I II 3,0561 3,136.31 -8031 -2.561 1,6291 53:301 1,9361 <strong>63</strong>.351 2.4241 1,1201 46.201 1,3621 561~5 Mill 3,2171 3,136.31. 80.71 2.571 8281 25741 1,1561 35931 2,7501 6561 23.851 9211 33.496 COTolal •<strong>City</strong>Of~C~Mississippi: Proposed Ward Plan (Option B)0111 Deviation Black Minority'd.. Tn .... ' .......... 1 ~ ..... ...Black VA? Minority VA?Percent2 ,,;11116.323,0701 3.136.31 -6<strong>63</strong>1 - -2.1,1 2641 8601 3931 12.801 2.5731 . -2201 8.551 3181 12.3<strong>63</strong> :'"'"111 30<strong>63</strong>1 313<strong>63</strong>1 -7331 -2.341 5431 17d 6811 22231 27991 4481 16011 5621 20Q~4 ~III 3,0561 3,13<strong>63</strong>1_ -8031 -2.561 1,6291 53,301 1.9361 <strong>63</strong>.351 2,4241 11201 46.201 1,3621 56.195 :111 32171 3,136.31 8071 2571 8281 25741 1.1561 35931 2.7501 6561 23.851 9211 33.496 ~III 3,2521 3.13<strong>63</strong>1 115.71 3691 4931 15.161 7211 22.i71 2.7411-'- 3711 13.541--552~20.14i196 21.90 5,449Sources' U.S. cj~nsus Bureau, 2010 Redistricting Data (P.L. 84-171) Summary File ;~ Lafayette County P3rcel DataI_~qend:Total: Total P0ollil3tlonideal: Ideal Wart/! PopulationDeViation: DifferUmce Between Total Population and Ideal PopulationSlacl


2267ENHANCEMENT GRANT:TENNIS CENTER:INTERLOCAL AGREEMENT:It was moved by Alderman] ]O\vell. ,econdeci b\Alderman Williams to approve the ,,,bnlittai "rtheapplication for a Transportation Enhancement errantfor safety improvelllents at the interci18nge (,IHighway 7 and Sisk A \·enue. including epI1structiOll<strong>of</strong> sidewalks, bikelanes and landscaping. The Cit,<strong>of</strong> <strong>Oxford</strong> certifies that there are no kn"\\llforeseeable legal impediments existing that \\(luldprohibit completion <strong>of</strong> the project and that theproject complies with applicable codes. standardsand/or regulations required for complelipn. lhe<strong>City</strong> will request to enter into an agreement "itb theTransportation C0l11111ission regarding maintenance<strong>of</strong> the sidewalk and landscaping completed underthis project. All the aldermen present voting ave.Mayor Patterson declared the motioll cmried.It was moved by Alderman Antpl1o\\. sewnded bvAlderman Bailey to reject the bid on the John Le,lieTennis Center. The <strong>City</strong> received (llle I'id rr(lillBarnes and Brower in the amount "rq;2.9'.t;'JI1 c"'Tin\.It was moved by Alderman Williams. ,ccol1dcd bYAlderman Taylor to authorize the amenclment tointerlocal agreement with Universit\ oil\lississippifor tennis complex. All the aldermen present votingaye, Mayor Patterson declared the ill(ltion carried.III


,227AND THE UNIVERSITY OF MISSISSIPPIDEMENT-MERIDIAN 61-0226-----0IThis Agreement made on the l day <strong>of</strong> ~ ,2012, by and betweenthe <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, a municipality duly eXlS ng under the laws <strong>of</strong> the State<strong>of</strong> J\/ississippi C<strong>City</strong>"), and the University <strong>of</strong> Mississippi, a state institution <strong>of</strong> higherlearning duly existing under the laws <strong>of</strong> the State <strong>of</strong> Mississippi ("University"), whichagfcement is set forth as follows:WHEREAS, the Mayor and Board <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong>, as the duly electedg,werning authorities <strong>of</strong> the <strong>City</strong>, have the duty to adequately promote the health, safetyand welfare l1f the citizens <strong>of</strong> the <strong>City</strong>, pursuant to Section 17-1-3, Section 21-17-1 andSection 55-9-1 <strong>of</strong> the Mississippi Code <strong>of</strong> 1972, Annotated, as amended; andWHEREAS, the <strong>Oxford</strong> Park Commission operates and manages parks andrecreational facilities owned by the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> in accordance with Section 21-37-33and 21-37-35 <strong>of</strong> the Mississippi Code <strong>of</strong> 1972, Annotated, as amended; andWI-1EIU;;AS, the University wishes to ensure tennis facilities are available for theoticI' <strong>of</strong> instruction <strong>of</strong> tennis to its students through its Health, Exercise Science andRecreation !\/anagement Department; andWHEREAS, the parties have determined that it is in the best interest <strong>of</strong> thecitizens <strong>of</strong> the <strong>City</strong> and <strong>of</strong> the University and its student body to provide, expand andimprove the lllltdoor tennis facilities <strong>of</strong> the <strong>City</strong>, including at John Leslie Park, andIWHEREAS, the <strong>City</strong> and Lafayette County, Mississippi each plan to make allnancial cOlllributiolls in the amount <strong>of</strong> $475,000 for said expansion and improvement,for a combined, aggregate contribution in the amount <strong>of</strong> $950,000; andWI1EREAS, the <strong>City</strong> has requested financial assistance from the University in theamount <strong>of</strong> $550,000 for said expansion and improvement; andWHEREAS, the governing body <strong>of</strong> the <strong>City</strong> has authorized its undersignedreprcsenlati ,es to enter into and execute this Agreement and the University has receivedapprovalti·,ll1l the Board <strong>of</strong> Trustees <strong>of</strong> State Institutions <strong>of</strong> Higher Learning to enter intothis .\greement:NO\\'. THEREFORE, for and in consideration <strong>of</strong> the mutual covenants andagreements contained herein and other good and valuable consideration, the parties dohereby agree as follows:I. This agreement (AAgreement@) is entered in accordance with the provisions <strong>of</strong>[VIis;. Code Ann. §§ 17-13-1, et. seq., the Alnterlocal Cooperation Act <strong>of</strong> 1974"I


2282. The University agrees to pay the <strong>City</strong> the sum <strong>of</strong> $550.000 in the 111illlner ,11[)\\ nin attached Schedule "A," and the <strong>City</strong> agrees to use these Icmds for the pla1ming.bidding, contracting, development, and construction and expansion or current Cit\"tennis facilities ("Tennis Facilities'"). The <strong>City</strong> agrees to contribute a t(ltal "f$475,000 for the expansion and construction <strong>of</strong> the Tennis Facilit\". Additi('l1allv.Lafayette County, Mississippi, by way <strong>of</strong> a separate interiocal agreement. hasagreed to contribute $475.000 for the expansion ami constructi(ln <strong>of</strong> the Icnni,Facility, for a combined, aggregate contribution from the <strong>City</strong> and LafavetteCounty in the amount <strong>of</strong> $950,000.I3. The University will be allowed access to the Tennis Faciliti~s If,'r tennisinstruction to its students enrolled in classes <strong>of</strong>fered by the lini\ersit\ llealth.Exercise Science and Recreation Management department at appropriatehdesignated times and with reasonable terms. By way <strong>of</strong> exan1ple on", theUniversity may schedule with the <strong>Oxford</strong> Park Commission c,nd he all'.l\\edaccess to six (6) tennis coU!is for two (2) hours per court. l"dnnday tlnnu"h I rid;".in order to accommodate Uni\"ersily Health. Exercise Science all" Reereati(l))Management department tennis classes.4. Participants <strong>of</strong> University intramural tennis programs operated through theDepartment <strong>of</strong> Campus Recreation shall have reasonable access to tellnis I:O\ll"tswithin the Tennis Facilities on a first come first serve basis. exclusi\c 01 thosecourts already scheduled and reserved through and/or by the Ox li.ml ParkCommission.5. The <strong>City</strong> agrees to use its best efforts to finance and construct the TennisFacilities as soon as reasonably practicable. The <strong>City</strong> shall retain all rights amiduties related to the design, building, and oversight or the subject IilCilities. The<strong>City</strong> shall receive, disburse and account for funds involved. fhe <strong>City</strong> shallprovide to the University full access to records related to the project uponreasonable notice from the University.I6. The parties also agree that the <strong>City</strong> may need or desire additional financialassistance from the University for the Tennis Facilities. In the e';"lt. the fit\ PI"the <strong>Oxford</strong> Park Commission make a request to the lini\'ersit\ I,'r 8dditi(lllalfunds to further develop, improve. expand. or maintain the Tenni, Faeiliti,',. theUniversity agrees to seriously consider all such requests in g(l(lri faith "ithinbudgetary constraints. If at any time after five (5) years after thc (lriginalconstruction and surfacing <strong>of</strong> the tennis courts. the <strong>City</strong> and/or the ()~for" ParkCommission shall determine that the tennis courts require re"urfacing. theUniversity agrees to pay one-third <strong>of</strong> such costs.2I


.,229Iauthorized by Miss. Code Ann. §§ 11-46-1, et. seq. (the Mississippi Tort ClaimsAct), and any other applicable federal, state, or local laws or regulations. Nothingin this Agreement shall be construed as an obligation by either party to indemnifythe other that would not be authorized under applicable law, or an acceptance <strong>of</strong>liability by either party beyond that prescribed by law. This provision shall not beconstrued to abrogate, abridge or waive any immunities or privileges held ormailllained by any <strong>of</strong> the parties to this Agreement.Pursuant to Miss. Code Ann. § 17 -13-11, the parties understand that as a conditionprecedent to the Agreement being enforceable, the Agreement shall be submittedto the ,"'.((orney General <strong>of</strong> the State <strong>of</strong> Mississippi for approval. On approval bythe .-\!lorney General, or the passing <strong>of</strong> sixty days after submission withoutdisapproval, copies <strong>of</strong> this Agreement shall be filed with the Chancery Clerk <strong>of</strong>Lafayette County, the Secretary <strong>of</strong> State <strong>of</strong> Mississippi, and the State Department<strong>of</strong> Audit, pursuant to Miss. Code Ann. §§17-13-11(3) and (4).9. The term <strong>of</strong> this Agreement shall be through the <strong>City</strong> fiscal year 2027. TheAgreement shall be terminable at will by either party, and the parties may renew,amend, modify or alter the terms <strong>of</strong> this Agreement if the same is in writing, datedsubseq uent to the date <strong>of</strong> this Agreement, and duly authorized and executed by theparties. While the terms <strong>of</strong> this Agreement may be renewed, modified, amended,or altered in writing and by the mutual agreement <strong>of</strong> the parties, any modification<strong>of</strong> this agreement must be approved by the Attorney General prior to theimplementing <strong>of</strong> any such modifications.II ().II.This Agreement (together with attached Schedule "A") constitutes the entireagreement between the parties and supersedes all prior agreements andunderstandings, oral and written, between the Parties with respect to the subjectmatter here<strong>of</strong>.If an) prm'ision <strong>of</strong> this Agreement is held invalid or unenforceable by any courtuf competent jurisdiction, the other provisions <strong>of</strong> this Agreement will remain infull force and effect. Any provision <strong>of</strong> this Agreement held invalid Orunenforceable only in part or degree will remain in full force and effect to theextent not held invalid or unenforceable.12. This Agreement shall not unlawfully bind successors in <strong>of</strong>fice.13. rhis Agreement is governed by Mississippi law. This Agreement may beexecuted in several counterparts that, when combined, will constitute the originalinstrument.3I


230Tennis Facility will be owned by the <strong>City</strong> and operated and managed bv the<strong>Oxford</strong> Park Commission.'APPROVED AND EXECUTED BY THE RESPECTIVE PAHTIES as <strong>of</strong> thedate indicated below pursuant to lawful action adopted by the governing authority <strong>of</strong> eachparty.Approved by the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> by lawful resolution dated the August 7, 2!1J2.IApproval by lawful action <strong>of</strong> the Board <strong>of</strong> Trustees <strong>of</strong> State Institutions <strong>of</strong> HigherLearning dated ,2012.THE UNIVERSITY OF MISSISSIPPIDaniel W. Jones. ChancellorI4I... '


.,I~MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDSchedule" A"231DEMENT-MERIDIAN 61-0226-~Contributions irom the University for the Tennis Facility shall be made payable to theCit)' <strong>of</strong> Oxt",d on the following dates:Sepkmber 1, ~O 12 $235,000IOctober 1, 2U 13 $45,000October 1, 2014 $45,000October I, 2015 $45,000October 1, 2016 $45,000Octoher 1,2017 $45,000Octo her 1, 2018 $45,000October I, 2019 $45,000I5I


232 8MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226TRENCHING AND RIGHT OFWAY ORDINANCE:TELECOMMUNICATIONSPERMIT ORDINANCE:WATER PLANTDEMOLITION:SUNDAY:TRAVEL:POWER CONTRACT:TAXI DRIVER PERMITS:FISHING RODEO:RESIGNATIONS:This was the first reading <strong>of</strong> a proposed ordinanceregarding trenching and right <strong>of</strong> wa\.1 he secondreading and public hearing will be held at the nextboard meeting.This was the first reading <strong>of</strong> a prop()sed ('rciinallceregarding telecommunications permit. rhe secondreading and public hearing will be held at the ne~tboard meeting.It was moved by Alderman WilliaJll'. seconded hyAlderman Bailey to accept the Water F1antdemolition project. All the aldermen present votingaye, Mayor Patterson declared the motion carried.It was moved by Alderman Howell. seconded bvAlderman Bailey to approve Pro-Wash to work onSunday to clean Van Buren Ayenue. Hart Robinsonstated they would not interfere with the adjacentchurches on Sunday. All the aldermen prpsentyoting aye, Mayor Patterson declared the 111oti(1ncarried.It was moved by alderman An(onov\. sec(1nded b\Alderman Williams to approve for a \VastewatprTreatment employee to attend the Annual SouthMississippi Conference and Short C(\llrSe with acost <strong>of</strong>$I.1 15.00. All the aldermen present votingaye. Mayor Patterson declared the Ill(\ti"n carried.It was moved by Alderman lI(mel!. seconded bvAlderman Bailey to authorize Mayor Fatterson tosign amended power contract with TVA. ;\11 thealdermen present voting aye. Mayor l'attersondeclared the motion carried.It was moved by Alderman Williams. sec(\nded bvAlderman Bailey to approve Archie Reayes amICasey Barclay for taxi driv'er permits. All thealdermen present voting aye. I\layor Pattersondeclared the motion carried.It was moved by ;\Idennan Howell. seconded bv'Alderman Williams to approve a $GOO.(\(\ paymentto Lafayette County Law Eni()rcement OffIcer',Association for the cost <strong>of</strong> the Ann,,"1 JishingRodeo at Pat Lamar Park. All the alderrncn presentvoting aye, Mayor Patterson declared tire 1I10ti(111carried.It was moved by Alderman Taylor. sP'.'('1lcled bvAlderman Bailey to accept the resignation <strong>of</strong> Da\idAim in the Police Department. All the aldermenpresent voting aye. Mayor Patterson declared themotion carried.III


,9 233MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61-0226It was moved by Alderman Antonow, seconded byAlderman Williams to accept the resignation <strong>of</strong>Jetfrey Kellum in the Police Department. All thealdermen present voting aye, Mayor Pattersondeclared the motion carried.IIEi\IPLOYi\IENT:RESIGNATION:It was moved by Alderman Antonow, seconded byAlderman Howell to authorize the employment <strong>of</strong>Joshua Tinner in the Sanitation Department with anhourly wage <strong>of</strong> $8.25 per hour. All the aldermenpresent voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Williams, seconded byAlderman Howell to authorize the employment <strong>of</strong>Kody Turner as a part time seasonal employee inthe Building & Grounds Department with an hourlywage <strong>of</strong> $8.25 per hour. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried.It was moved by Alderman Antonow, seconded byAlderman Howell to authorize the employment <strong>of</strong>Antonio Austin as a seasonal part time laborer inthe Building & Grounds Department with an hourlywage <strong>of</strong> $8.25 per hour. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried.It was moved by Alderman Howell, seconded byAlderman Antonow to accept the resignation <strong>of</strong>John Russell in the Fire Department. All thealdermen present voting aye, Mayor Pattersondeclared the motion carried .I. -\IH SELF EVALUATIONAND TRANSITION PLAN:EXECUTIYI' SESSION:ClTV ~mEET:It was moved by Alderman Antonow, seconded byAlderman Howell to approve the ADA SelfEvaluation and Transition Plan. All the aldermenpresent voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Williams, seconded byAlderman Howell to consider executive session forthree property issues. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried.It was moved by Alderman Bailey, seconded byAlderman Antonow to go into executive session.All the aldermen present voting aye, MayorPatterson declared the motion carried.It was moved by Aldern1an Bailey, seconded byAlderman Antonow to authorize legal counsel torespond to letter from Freeland's stating <strong>City</strong>'sownership <strong>of</strong> street. All the aldermen present


234 10MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61 ·226voting aye, Mayor Patterson declared the moti


,MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORD235OF THE MAYOR AND BOARD OF ALDERMENOF THE CITY OF OXFORDII'UbUdill to Section 21-3-21, Mississippi Code <strong>of</strong> 1972 Annotated, I, George G.Patterson, 1\layor <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, do hereby call the Mayor and Board"f .-\I dUl11Ul (jf Oxt(lrd. MS, to a SPECIAL MEETING to be held onTuesday, August 1.t, 2012 AT 8:30 A.M. for the transaction <strong>of</strong> important business.Th~ l1leding \,ill he held in the court room <strong>of</strong> <strong>City</strong> Hall. The business to be acted upon atthe Speciall\keting in consideration <strong>of</strong> the following:I. Consider executive session.Discllss 2012-2013 Budget.This 1he 13th day <strong>of</strong> August 2012.II, Cit) Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, or a Deputy Clerk, do herebycertify [hat I have notitied Alderman Ney Williams <strong>of</strong> the foregoing meeting'}l1 __ ~LL_" at \ Ill( a'~e:t:)/' ,;J,(::/~ /( t1---! M hvcrYI, <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, or a Deputy Clerk, do herebycertify that I have notitied Alderman E.O. liver <strong>of</strong> the foregoing meeting011·1 I. I I~' -" at \' ,-.J~ a.m--,/t':::::".m __~,~--,,-~~/:.'::' ~----=:::.::::::::Jy-4----Jf<strong>of</strong>l.J


236L <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, or a Deputy Clerk. cit.' herehlcertify that I have notified Alderman Preston Taylor <strong>of</strong> the foregcling meetingon q,\ \)'\\1/ at \~/~ a.m.l~ ()/;\ JV~U'1" Ii JvI, <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, or a Depllt\ Clerk. dc, here'"certify t at I have notified Alderman Jason Bailey <strong>of</strong> the !()feg(1illg meetin2011 at I ,-; ¥ a. m.lP.m\ / .Ll(/). ..l">d'Acu" {'i,J, <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi. or a Deput\ Clerk. cin herchlcertify th~t., \ , haavvee ~ notified, Alderman John Morg.an .Of the foreg."iJ1g lJ1eetin!!on_---- ;-_____ ~ ~~/,., f.. ---,---!III


237MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226Mayor and Board <strong>of</strong> Aldennen <strong>of</strong> the <strong>City</strong> <strong>of</strong><strong>Oxford</strong> did meet at 8:30 a.m. on Tuesday, August14,2012 in the court room <strong>of</strong> <strong>City</strong> Hall when andwhere the following were present:IGeorge G. Patterson- MayorNey Williams- Alderman Ward IE.O. Oliver- Alderman Ward IIJanice Antonow- Alderman Ward IIIPreston Taylor- Alderman Ward VJason Bailey - Alderman Ward VIJohn Morgan- Aldennan At LargeLisa Carwyle - <strong>City</strong> ClerkBart Robinson- Chief Operations OfficerAl Hope- Director <strong>of</strong> Human Resources'\GENDA:EXECl,n VI' SESSION:It was moved by Alderman Williams, seconded byAldennan Morgan to adopt the agenda for themeeting. All the aldermen present voting aye,Mayor Patterson declared the motion carried.It was moved by Alderman Antonow, seconded byAlderman Bailey to consider executive session forone property issue and two personnel issues. All thealdermen present voting aye, Mayor Pattersondeclared the motion carried.IIt was moved by Alderman Morgan, seconded byAlderman Williams to go into executive session.All the aldermen present voting aye, MayorPatterson declared the motion carried.IC(Ji\iSULXIANT:REGULAR SESSION:BUDGET:EXECUTIVE SESSION:It was moved by Aldennan Morgan, seconded byAlderman Antonow to authorize Mayor Patterson tohire parking consultant for design <strong>of</strong> parking garagebehind <strong>City</strong> Hall. All the aldermen present votingaye, Mayor Patterson declared the motion carried.It was moved by Alderman Antonow, seconded byAlderman Bailey to come out <strong>of</strong> executive sessionand retum to regular session. All the aldennenpresent voting aye, Mayor Patterson declared themotion carried.The Board <strong>of</strong> Aldermen discussed various itemsproposed in the 2013 Budget.It was moved by Alderman Oliver, seconded byAlderman Morgan to consider executive session todiscuss personnel issues. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried.It was moved by Aldennan Morgan, seconded byAlderman Antonow to go into executive session.All the aldermen present voting aye, MayorPatterson declared the motion carried.


.... 1238r,REMl~f.)~~~OK No. §~~ ,;rJvTXyQffeQ~f,QBPsccm.t..t"~>AN6~Alderman Bailey to come out <strong>of</strong> execuli,p se~sionand return to regular session. All the "Idermenpresent voting aye, Mayor Patterson dc'''hred themotion carried.SUSPENSION:ADJOURN:It vvas moved by Alderman Antonem. secl1ckd b\Alderman Williams to accept the reC(1JlllllCnciation<strong>of</strong> the Human Resource Director and DepartmentHead and suspend an employee in the FireDepartment for two shift days. All the aldermenpresent voting aye, Mayor Patterson clt-clared themotion carried.It was moved by Alderman Williams, sec(,ndcd In­Alderman Bailey to adjourn the meelilll! sine-die.All the aldermen present v'oting aye. ~Ia\('rPatterson declared the motion carried.IGeorge G. Patterson, Mayo rII


,239MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226no Ice 0 pecla ee mg, eMayor and Board <strong>of</strong> Aldennen <strong>of</strong> the <strong>City</strong> <strong>of</strong><strong>Oxford</strong> did meet at 5:00 p.m. on Tuesday, August21,2012 in the court room <strong>of</strong> <strong>City</strong> Hall when andwhere the following were present:IGeorge G. Patterson- MayorNey Williams- Aldennan Ward IE.O. Oliver- Aldennan Ward IIJanice Antonow- Alderman Ward IIIUlysses Howell- Aldennan Ward IVPreston Taylor- Alderman Ward VJason Bailey - Alderman Ward VIJohn Morgan- Alderman At LargeLisa Carwyle - <strong>City</strong> ClerkBart Robinson- Chief Operations OfficerAl Hope- Director <strong>of</strong> Human ResourcesIAGENDA:BUDGET:AVENT PARK:ADJOURN:It was moved by Aldennan Williams, seconded byAldennan Antonow to adopt the agenda for themeeting. All the aldennen present voting aye,Mayor Patterson declared the motion carried.The Board <strong>of</strong> Aldennen discussed various itemsproposed in the 2013 Budget. The board discussedthe take vehicle policy request from PoliceDepartment, various salaries and money for ADAcoordinator.It was moved by aldennan Williams, seconded byAldennan Bailey to accept grant for Avent Parkstonn water control project. All the aldermenpresent voting aye, Mayor Patterson declared themotion carried.It was moved by Aldennan Williams, seconded byAldennan Antonow to adjourn the meeting sine-die.All the aldennen present voting aye, MayorPatterson declared the motion carried.George G. Patterson, MayorLisa Carwyle, <strong>City</strong> ClerkI


240 1MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226iUNITED STATES OF AMERICASTATE OF MISSISSIPPICOUNTY OF LAFAYETTECITY OF OXFORDIREGULAR MEETINGAugust 21, 20126:00 p.m.CALL TO ORDER:The meeting <strong>of</strong> the Mayor and Board <strong>of</strong> Aldermen<strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, was called toorder by Mayor Patterson at 6:00 p.m. on Tuesday,August 21. 2012, in the court room <strong>of</strong> <strong>City</strong> Hallwhen and where the following were present:George G. Patterson - MayorNey Williams- Alderman Ward IE.O. Oliver- Aldennan Ward IIJanice Antonow- Alderman Ward IIIUlysses Howell- Alderman Ward IVPreston Taylor- Alderman Ward VJason Bailey- Alderman Ward VIJohn Morgan- Alderman at LargeMayo Mallette PLLC - Of CounselBart Robinson- Director <strong>of</strong> Public WorksLisa Carwyle- <strong>City</strong> ClerkTim Akers - Dir <strong>of</strong> PlanningRob Neely - Supt. <strong>of</strong> Electric Dept.Mike Martin- Chief <strong>Oxford</strong> Police DeptCary Sallis- Chief <strong>of</strong> Fire DeptEddie Anderson- Dir. <strong>of</strong> SanitationAI Hope- Dir <strong>of</strong> Human ResourcesRob Boyd- Dir <strong>of</strong> Parks & RecJimmy Allgood- Emergency Mang. DirectorRandy Barber- Director <strong>of</strong> BuildingIAGENDA:It was moved by Alderman Williams, seconded byAlderman Howell to adopt the agenda for themeeting. All the aldermen present voting aye,Mayor Patterson declared the motion carried.MAYOR'S REPORT:I


241Evening:MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226II. IFirst we want to welcome back the many returning students and 3500new freshmen. You know if you've been to Kroger or Wal-Mart lately.That said this is a unique town, with a unique and beautiful Universityand we are proud <strong>of</strong> that relationship. I think I speak for the vastmajority <strong>of</strong> <strong>Oxford</strong> residents when I say" Hatty Toddy".The State Health Department has written every Mayor In the Stateregarding the West Nile Virus. They are really upping the ante andtrying to raise awareness. Jimmy Allgood will brief us more fully In afew minutes.IWe finished with the budget process just a little while ago. Again, Iwant to thank this Board for attending repeated special meetings andenduring hours <strong>of</strong> my number crunching. This community isrepresented well by this Board <strong>of</strong> Aldermen and the <strong>City</strong> departmentheads. We have apparently made it through the most treacherousfinancial times in nearly 100 years without raising taxes, or laying <strong>of</strong>f asingle city employee.Now that we are finished with the budget, our focus will shift fully toparking and resolutions to those many problems - hopefully in the nearfuture.I was happy to attend the new faculty lunch on campus last week towelcome 83 new faculty members to our community to go along withour 3500 new freshmen.And with that we are <strong>of</strong>f .............I


2422IMINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226IMINUTES:ACCOUNTS:BAPTIST MEMORIALHOSPITAL:RESOLUTION:It was moved by Alderman Antonow, seconded byAlderman Howell to adopt the minutes <strong>of</strong> theregular meeting on August 7, 2012 and the specialmeetings on August 7 and 14, 2012. All thealdennen present voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Morgan, seconded byAldennan Williams to approve the payment <strong>of</strong> allaccounts for the <strong>City</strong>. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried.Jim Ainsworth announced he was appointed as thenew interim CEO <strong>of</strong> Baptist Memorial Hospital­North Mississippi. He will remain the position untila new CEO can be recruited.It was moved by Alderman Antonow, seconded byAlderman Taylor to adopt the following no protestresolution to the $5,500,000.00 in GeneralObligation Bonds. All the aldermen voting aye,Mayor Patterson declared the motion carried.III


..,I~243There caM ImJT£i~QQ ~ NQer~eCtIt¥e Q fenQl


u..••. ~lNM1~244~Qg~iM~o~~ao~JlYregIEJ;?~~9J~~OJ ~$tleo~lbJmemResolution"), declaring its intention to issue general obligation bonds <strong>of</strong> the <strong>City</strong> (the "Bonds")in the aggregate principal amount <strong>of</strong> not to exceed Five Million Five Hundred Thousand Dollar$($5,500,000) in accordance with the Act to raise money for the purposes <strong>of</strong> (a) erectingmunicipal buildings and athletic stadiums, preparing and equipping athletic fields, andpurchasing buildings or land therefor, and for repairing, improving, adorning and equipping thesame, (b) constructing, improving or paving streets, sidewalks, driveways, parkways, walkwaysor public parking facilities, and purchasing land therefor, (c) purchasing land for parks andpublic playgrounds, and improving, equipping and adorning the same, including thconstructing, repairing and equipping <strong>of</strong> recreational facilities, and (d) purchasing fire-fightinequipment and apparatus, providing housing for same and purchasing land therefor (th"Project"); andIIWHEREAS, the assessed value <strong>of</strong> all taxable property within the <strong>City</strong>, according to thlast completed assessment for taxation, is Two Hundred Seventy-Seven Million Two HundreThree Thousand Forty-Two Dollars ($277,203,042), and the <strong>City</strong> has outstanding bondeindebtedness as subject to the fifteen percent (15%) debt limit prescribed by Section 21-33-303,Mississippi Code <strong>of</strong> 1972, as anlended, in the amount <strong>of</strong> Nineteen Million One Hundred Fifty~One Thousand Dollars ($19,151,000), and outstanding bonded and floating indebtedness a~subject to the twenty percent (20%) debt limit prescribed by Section 21-33-303, MississiPP1'Code <strong>of</strong> 1972, as amended (which amount includes the sum set forth above subject to the fiftee .percent (15%) debt limit), in the amount <strong>of</strong> Nineteen Million One Hundred Fifty-One ThousanDollars ($19,151,000); and i,WHEREAS, the issuance <strong>of</strong> the Bonds pursuant to the Act, when added to thloutstanding bonded indebtedness <strong>of</strong> the <strong>City</strong>, will not result in bonded indebtedness, exclusive 01indebtedness not subject to the aforesaid fifteen percent (15%) debt limit, <strong>of</strong> more than fifteeJpercent (15%) <strong>of</strong> the assessed value <strong>of</strong> all taxable property within the <strong>City</strong>, and will not result irtindebtedness, both bonded and floating, exclusive <strong>of</strong> indebtedness not subject to the aforesaidtwenty percent (20%) debt limit, in excess <strong>of</strong> twenty percent (20%) <strong>of</strong> the assessed value <strong>of</strong> alltaxable property within the <strong>City</strong>, and will not exceed any constitutional or statutory limitationupon indebtedness which may be incurred by the <strong>City</strong>; andIWHEREAS, as required by the Intent Resolution and Section 21-33-307 <strong>of</strong> the Act, '1Notice <strong>of</strong> Resolution Evidencing Intent to Issue General Obligation Bonds <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>;Mississippi (the "Notice <strong>of</strong> Resolution") was published in The <strong>Oxford</strong> Eagle, a newspapepublished in and having a general circulation in the <strong>City</strong> and qualified under the provisions o·Section 13-3-31, Mississippi Code <strong>of</strong> 1972, as amended, on July 26 and August 2, 9, and 162012, said publication being for at least three (3) consecutive weeks, with the first publication 0the Notice <strong>of</strong> Resolution being made not less than twenty-one (21) days prior to August 21,2012, and the last publication being made not more than seven (7) days prior to such date; andWHEREAS a pro<strong>of</strong> <strong>of</strong> publication <strong>of</strong> the Notice <strong>of</strong> Resolution is attachedExhibit A; and2hereto a~I:II.... I


245Bonds with the Clerk <strong>of</strong> the <strong>City</strong> (the "Clerk") or any member <strong>of</strong> the Governing Body; andIWHEREAS, at the hour <strong>of</strong> 6:00 p.m. on August 21,2012, at the usual meeting place <strong>of</strong>the Governing Body, in the Board Room, located in the <strong>City</strong> Hall located at 107 CourthouseSquare in the <strong>City</strong>, all persons present or represented by counselor otherwise were given theopportunity to be heard concerning the issuance <strong>of</strong> the Bonds and the purpose for which theBonds will be issued and no protest or objection <strong>of</strong> any kind or character against the issuance <strong>of</strong>the Bonds or the purpose for which the Bonds will be issued was presented; andWHEREAS, the Governing Body is now authorized and empowered by the provisions <strong>of</strong>the Act to issue the Bonds without an election on the question there<strong>of</strong> and is authorized to issuethe Bonds registered as to principal and interest in the form and manner provided for by the Actand Sections 31-21-1 through 31-21-7, Mississippi Code <strong>of</strong> 1972, as amended; andWHEREAS, the Governing Body is further authorized by the Act to, among otherthings, sell the Bonds at a public sale (which sale shall be on such terms and in such manner asthe Governing shall determine to be in the <strong>City</strong>'s best interest) and to make such otherarrangements relating to the Bonds; andWHEREAS, the issuance <strong>of</strong> the Bonds does not exceed any statutory or constitutionallimitation; andWHEREAS, there are no other available funds on hand or from regular sources <strong>of</strong>income for such purposes; andWHEREAS, there has been prepared and submitted to this meeting the form <strong>of</strong> apreliminary <strong>of</strong>ficial statement (the "Preliminary Official Statement") describing the Bonds, thesale <strong>of</strong> the Bonds, the <strong>City</strong> and other related matters; andIWHEREAS, it appears that the Preliminary Official Statement, which is now before theGoverning Body, is in appropriate form and is an appropriate document for the purposesidentified; andWHEREAS, it is necessary and advisable and in the best interest <strong>of</strong> the <strong>City</strong> for theGoverning Body, acting for and on behalf <strong>of</strong> the <strong>City</strong>, to issue the Bonds as hereinafter provided.NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OFALDERMEN OF THE CITY OF OXFORD, MISSISSIPPI, ACTING FOR AND ONBEHALF OF SAID CITY, AS FOLLOWS:SECTION 1. Each and all <strong>of</strong> the facts and findings set forth in the premises clauses <strong>of</strong>this resolution are hereby found and determined to be true and accurate and are incorporatedherein by this reference thereto as though set forth again in words and figures.3I


246M~M~~ ~~li~oRibe~JXy Pnf aglFe~~qat, ~'1'eqf!mme~SectIOn 21-33-307 <strong>of</strong> the Act and the Intent Resolution, the Notice <strong>of</strong> Resolution was PUbliSh~'in The <strong>Oxford</strong> Eagle, a newspaper published in and having a general circulation in the <strong>City</strong> an~qualified under the provisions <strong>of</strong> Section 13-3-31, Mississippi Code <strong>of</strong> 1972, as amended, on'July 26 and August 2, 9, and 16, 2012, said publication being for at least three (3) consecutiveweeks, with the first publication <strong>of</strong> the Notice <strong>of</strong> Resolution being made not less than twenty-one(21) days prior to August 21, 2012, and the last publication being made not more than seven (7)days prior to such date.SECTION 3. The pro<strong>of</strong> <strong>of</strong> publication <strong>of</strong> the Notice <strong>of</strong> Resolution is hereby accepted. JiSECTION 4. The Governing Body does further find and determine that as <strong>of</strong> the hour 0 ,6:00 p.m. on August 21, 2012, (a) no qualified elector <strong>of</strong> the <strong>City</strong> had filed a written protest orobjectiun uf any kind or character against the issuance <strong>of</strong> the Bonds with the <strong>City</strong> or any member<strong>of</strong> the Governing Body, and (b) all persons present or represented by counselor otherwise weregiven the opportunity to be heard concerning the issuance <strong>of</strong> the Bonds and the purposes for I:vhich the Bonds will be issued and no prot~st or objection <strong>of</strong> any kind or character against thel'Issuance <strong>of</strong> the Bonds or the purposes for whIch they are to be Issued was presented.'SECTION 5. Pursuant to the provisions <strong>of</strong> the Act and specifically Section 21-33-307,the Governing Body is now authorized and empowered to issue the Bonds on behalf <strong>of</strong> the <strong>City</strong> Iwithout an election on the question <strong>of</strong> the issuance there<strong>of</strong> at anytime within a period <strong>of</strong> two (2)years after the date <strong>of</strong> the adoption <strong>of</strong> this resolution.SECTION 6. The Governing Body does hereby determine that the sale and issuance 0~1Five Million Five Hundred Thousand Dollars ($5,500,000) General Obligation Bonds (Capital'Improvements Issue). Series 2012 <strong>of</strong> the <strong>City</strong> to raise money for the purpose <strong>of</strong> providing, ,financing for the Project and to pay the costs incident to the sale and issuance <strong>of</strong> the Bonds is'necessary and advisable and conforms to the Act and does hereby authorize and direct the saleand issuance <strong>of</strong> the Bonds.SECTION 7. The Bonds will be general obligations <strong>of</strong> the <strong>City</strong> payable as to principal;and interest out <strong>of</strong> and secured by an irrevocable pledge <strong>of</strong> the avails <strong>of</strong> a direct and continuing:,tax to be levied annually without limitation as to time, rate or amount upon all the taxable'property within the geographical limits <strong>of</strong> the <strong>City</strong>.1SECTION 8. The Bonds shall be registered as to both principal and interest; shall bedated September I, 2012; shall be issued in the denomination <strong>of</strong> $5,000 each, or integral 'Imultiples there<strong>of</strong> up to the amount <strong>of</strong> a single maturity; shall be numbered from one upward inthe order <strong>of</strong> issuance; shall bear interest from the date there<strong>of</strong> at a rate or rates <strong>of</strong> interest not to,1exceed eleven percent (11%) per annum, payable semiannually on March I and September I 0~1each year (each an "Interest Payment Date"), commencing September 1,2013; and shall matureland become due and payable, with option <strong>of</strong> prior payment, on September I in the years andprincipal amounts as follows:II4I


247lIYear20132014201520162017201820192020MINUTE No. <strong>63</strong>, CITY OF OXFORODEMENT-MERIDIAN 61-0226Amouut$305,000315,000320,000330,000340,000345,000355,000365,000Year2021202220232024202520262027Amount$375,000385,000395,000400,000410,000425,000435,000SECTION 9. The Bonds maturing September I, 2021 and thereafter will be subject toredemption prior to their respective maturities, at the option <strong>of</strong> the <strong>City</strong>, on and after SeptemberI, 2020, either in whole on any date, or in part on any interest payment date, as selected by the<strong>City</strong> among maturities, and by lot within each maturity, at the principal amount there<strong>of</strong>, togetherwith accrued interest to the date fixed for redemption and without premium.SECTION 10. The Bonds shall be <strong>of</strong>fered for sale on sealed bids pursuant to the Notice<strong>of</strong> Bond Sale set forth in Section II <strong>of</strong> this resolution and shall be sold pursuant to a subsequentresolution <strong>of</strong> the Governing Body. In no event shall the Bonds be issued at a rate <strong>of</strong> interest inexcess <strong>of</strong> that allowed under applicable law and the Bonds shall in all other respects comply withthe requirements <strong>of</strong> the Act.SECTION 11. The <strong>City</strong> shall <strong>of</strong>fer the Bonds for sale subject to the provisions <strong>of</strong>Section 19 here<strong>of</strong>, the date, time and terms <strong>of</strong> sale to be as set forth in the "Notice <strong>of</strong> Bond Sale"relating to the Bonds, which Notice <strong>of</strong> Bond Sale and the "Official Bid Form" shall be insubstantially the following forms:NOTICE OF BOND SALEI$5,500,000CITY OF OXFORD, MISSISSIPPIGENERAL OBLIGATION BONDS(CAPITAL IMPROVEMENTS ISSUE),SERIES 2012NOTICE IS HEREBY GIVEN that the Mayor and Board <strong>of</strong> Aldermen (the "GoverningBody") <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi (the "<strong>City</strong>") will receive sealed bids in the Office <strong>of</strong>the <strong>City</strong> Clerk in the <strong>City</strong> Hall <strong>of</strong> the <strong>City</strong> located at 107 Courthouse Square in the <strong>City</strong> until thehour <strong>of</strong> 4:00 p.m. on September __ ,2012, at which time said bids will be publicly opened bythe <strong>City</strong> Clerk and read for the purchase at not less than par plus accrued interest to the date <strong>of</strong>delivery <strong>of</strong> $5,500,000 aggregate principal amount <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi GeneralObligation Bonds (Capital Improvements Issue), Series 2012 (the "Bonds").5I


'-.!248MIMYr~1 ~qgKn~ar ~~'e~!rrYSgtfmQ}f:,~QflRll beoOO~I!&~·1'. ~~~=dTe"'if-=m=Ol?tl-=v'c'e-rf~onn~ as fulfy registered Bonds, willbe in thedenominations <strong>of</strong> $5,000 or any integralmultiple there<strong>of</strong>, will be payable as to principal at a bank or banks to be named by the <strong>City</strong> (the, "Paying and Transfer Agent") and will bear interest, payable semiannually on March I andSeptember I <strong>of</strong> each year, commencing on September I, 2013, at the rate or rates <strong>of</strong> interestspecified in the bid submitted by the successful bidder in accordance with this Notice <strong>of</strong> BondSale.Ihe Bonds will be issued in registered, book-entry-only form and all bidders for theBonds must be participants <strong>of</strong> Ihe Depository lrust Company, New York, New York ("DIC"),or affiliated with its participants. Ihe Bond certificates will be deposited with DIC. DIC willbe responsible for maintaining a book-entry system for recording the interests <strong>of</strong> its participantsand for the transfer <strong>of</strong> the interests among its participants. Ihe participants will be responsiblefor maintaining records regarding the beneficial ownership interests in the Bonds on behalf <strong>of</strong> theindividual purchasers. Individual purchases may be made in the principal amount <strong>of</strong> $5,000 orany multiple there<strong>of</strong> through book entries made on the books and records <strong>of</strong> DIC and itsparticipants. Unless the book-entry-only system is discontinued, Bond principal and interestpayments will be made by the <strong>City</strong> to DIC through the Paying and Iransfer Agent. DIC willthen be responsible for distributing such payments to DIC participants for subsequent remittanceto the owners <strong>of</strong> beneficial interests in the Bonds. Payment <strong>of</strong> principal and interest on the'Bonds to DIC is the responsibility <strong>of</strong> the <strong>City</strong>, disbursement <strong>of</strong> such payments to DICparticipants shall be the responsibility <strong>of</strong> DIC, and disbursements <strong>of</strong> such payments to theowners <strong>of</strong> beneficial interests shall be the responsibility <strong>of</strong> DIC participants and not the Iresponsibility <strong>of</strong> the <strong>City</strong>. Ihe <strong>City</strong> will have no responsibility or obligation to DIC participants ior owners <strong>of</strong> beneficial interests in the Bonds, with respect to the payment by DIC or any DICparticipants, <strong>of</strong> the principal <strong>of</strong> or interest on the Bonds or the providing <strong>of</strong> notice to DICparticipants or owners <strong>of</strong> beneficial interests in the Bonds or with respect to: (a) the accuracy <strong>of</strong> Iany records maintained by DIC or any DIC participant; or (b) any consent given or other actiontaken by DIC as owner <strong>of</strong> the Bonds.Ihe Bonds will mature on September I in the years and in the principal amounts shownbelow:IIPrincipalPrincipalYear Amount Year Amount2013 $305,000 2021 $375,0002014 315,000 2022 385,0002015 320,000 2023 395,0002016 330,000 2024 400,0002017 340,000 2025 410,0002018 345,000 2026 425,0002019 355,000 2027 435,0002020 365,0006I


2491whole on any date, or in part on any interest payment date, as selected by the <strong>City</strong> amongmaturities, and by lot within each maturity, at the principal amount there<strong>of</strong>, together withaccrued interest to the date fixed for redemption and without premium.IThe Bonds will be issued pursuant to the provisions <strong>of</strong> Sections 21-33-301 et seq.,Mississippi Code <strong>of</strong> 1972, as amended (the "Act") and resolutions adopted or to be adopted bythe Governing Body. The Bonds are being issued to raise money for the purpose <strong>of</strong> (a) erectingmunicipal buildings and athletic stadiums, preparing and equipping athletic fields, andpurchasing buildings or land therefor, and for repairing, improving, adorning and equipping thesame; (b) constructing, improving or paving streets, sidewalks, driveways, parkways, walkwaysor public parking facilities, and purchasing land therefor; (c) purchasing land for parks andpublic playgrounds, and improving, equipping and adorning the same, including theconstructing, repairing and equipping <strong>of</strong> recreational facilities; (d) purchasing fire-fightingequipment and apparatus, and providing housing for same and purchasing land therefor; and (e)paying the costs incident to the sale and issuance <strong>of</strong> the Bonds.The Bonds shall be general obligations <strong>of</strong> the <strong>City</strong> and the full faith, credit and taxingpower <strong>of</strong> the <strong>City</strong> shall be pledged to secure the payment <strong>of</strong> the principal <strong>of</strong> and interest on theBonds.IThe Bonds are to be sold at not less than $5,500,000 aggregate par plus interest on theBonds accrued to the date <strong>of</strong> delivery, and are to be awarded to the bidder complying with theterms here<strong>of</strong> and <strong>of</strong>fering to purchase all <strong>of</strong> the Bonds at the lowest net interest cost to the <strong>City</strong>.I The net interest cost will be determined by computing the aggregate interest on the Bonds overi the life <strong>of</strong> the issue at the rate or rates <strong>of</strong> interest specified by the bidder, less premium <strong>of</strong>fered, if[I any. It is requested that each bid be accompanied by a statement <strong>of</strong> the net interest costI (computed to six decimal places), but such statement will not be considered a part <strong>of</strong> the bid. NoBond shall bear more than one (I) rate <strong>of</strong> interest; each Bond shall bear interest from its date toits stated maturity date at the interest rate specified in the bid; all Bonds <strong>of</strong> the same maturityshall bear the same rate <strong>of</strong> interest from their date to maturity; the lowest rate <strong>of</strong> interestspecified for any <strong>of</strong> the Bonds shall not be less than seventy percent (70%) <strong>of</strong> the highest rate <strong>of</strong>interest specitied for any <strong>of</strong> the Bonds; and the highest rate <strong>of</strong> interest specified for any <strong>of</strong> theBonds shall not exceed eleven percent (II%) per annum. Each interest rate specified in any bidmust be a multiple <strong>of</strong> one-eighth <strong>of</strong> one percent (1/8 <strong>of</strong> I %) or a multiple <strong>of</strong> one-tenth <strong>of</strong> onepercent (1/1 0 <strong>of</strong> 1%) and a zero rate <strong>of</strong> interest cannot be named.Bidders must acknowledge in their respective bids that they have received and reviewedthe <strong>City</strong>'S preliminary <strong>of</strong>ficial statement in connection with the issuance <strong>of</strong> the Bonds (the"Preliminary Official Statement"). The <strong>City</strong> deems the Preliminary Official Statement to be"final" as described in SEC Rule 15c2-12(b)(I) for the purposes <strong>of</strong> such Rule. Upon award <strong>of</strong>the Bonds to the successful bidder, the <strong>City</strong> will prepare a final <strong>of</strong>ficial statement in connectionwith the Bonds (the "Official Statement") in substantially the form <strong>of</strong> the Preliminary OfficialStatement, subject to minor amendments and supplementations. A reasonably sufficient number7I


250<strong>of</strong> OffiMii ~Y;r~s ij9Q t\~R


I~251,purposes <strong>of</strong> computing the alternative minimum tax imposed on corporations. Bond Counselwill express no other opinion regarding other federal tax consequences resulting from theownership, receipt or accrual <strong>of</strong> interest on or disposition <strong>of</strong> the Bonds. In addition, BondCounsel is further <strong>of</strong> the opinion that under and pursuant to the Act, the Bonds and interestthereon are exempt from all income taxes imposed by the State <strong>of</strong> Mississippi.IThe Governing Body on behalf <strong>of</strong> the <strong>City</strong> has designated the Bonds as "qualified taxexempt obligations" for purposes <strong>of</strong> Section 265(b)(3) <strong>of</strong> the Internal Revenue Code <strong>of</strong> 1986, asamended.The final approving opinion <strong>of</strong> Bond Counsel, relating to the validity and tax exemption<strong>of</strong> the Bonds, together with a non-litigation certificate <strong>of</strong> the <strong>City</strong> dated the date <strong>of</strong> delivery <strong>of</strong>the Bonds, and a transcript <strong>of</strong> the proceedings relating to the Bonds will be delivered to thesuccessful bidder without charge. A copy <strong>of</strong> said approving opinion will be printed on the back<strong>of</strong> each Bond at the option <strong>of</strong> the successful bidder.It is anticipated that CUSIP identification numbers will be secured by the <strong>City</strong> andprinted on the Bonds, but neither the failure to secure or print such numbers on any Bond nor anyerror with respect thereto shall constitute cause for failure or refusal by the successful bidder toaccept delivery <strong>of</strong> and pay for the Bonds in accordance with its agreement to purchase theBonds. All expenses in relation to the printing <strong>of</strong> CUSIP numbers on the Bonds shall be paid forby the <strong>City</strong>; provided, however, that the CUSIP Service Bureau charge for the assignment <strong>of</strong> saidnumbers shall be paid for by the successful bidder.The successful bidder will be given at least seven (7) business days advanced notice <strong>of</strong>the proposed date <strong>of</strong> delivery <strong>of</strong> the Bonds when that date has been tentatively determined. It isexpected that the Bonds will be delivered in New York, New York and payment therefor shall bemade in federal or other immediately available funds.IThe successful bidder is required to submit to the <strong>City</strong> not less than seventy-two (72)hours prior to closing a certification to the effect that (a) all <strong>of</strong> the Bonds have been the subject<strong>of</strong> a bona fide initial <strong>of</strong>fering to the public (excluding bond houses, brokers or similar persons ororganizations acting in the capacity <strong>of</strong> underwriters or wholesalers) at prices no higher than thoseshown on the cover <strong>of</strong> the Official Statement, (b) to the best <strong>of</strong> their knowledge, and based ontheir records and other information available to use which they believe to be correct, at least tenpercent (10%) <strong>of</strong> each maturity <strong>of</strong> the Bonds, aggregating at least $550,000 principal amount <strong>of</strong>the Bonds, were sold to the public (excluding bond houses, brokers or similar persons orI organizations acting in the capacity <strong>of</strong> underwriters or wholesalers) at initial <strong>of</strong>fering prices notIgreater than the respective prices shown on the cover <strong>of</strong> the Official Statement, and (c) at thetime they agreed to purchase the Bonds, based upon their assessment <strong>of</strong> the then prevailingmarket conditions, they had no reason to believe any <strong>of</strong> the Bonds would be initially sold to thepublic (excluding bond houses, brokers or similar persons acting in the capacity <strong>of</strong> underwritersor wholesalers) at prices greater than the prices shown on the cover <strong>of</strong> the Official Statement,9I


252includA'4'~r~cJ;lQDK MQr,.~~IJ7fthQfcQMQ~Rfferg,~ndB'~f6ther~~~~~s"'am"'" ""e~maturTIy at one pnce to the general public and at a discount from that price to institution,or other investors, the successful bidder is required to, in addition, provide the <strong>City</strong> with the sal.price <strong>of</strong> each <strong>of</strong> the Bonds on the basis <strong>of</strong> actual facts and its reasonable expectations as <strong>of</strong> th .closing date.The successful bidder shall have the right, at its option, to cancel its agreement topurchase the Bonds if the Bonds to be delivered by the <strong>City</strong> in accordance with the precedinparagraph are not tendered for delivery within sixty (60) days from the date <strong>of</strong> sale there<strong>of</strong>, anin such event the <strong>City</strong> shall return to said bidder its good faith deposit without interest. The Citshall have the right, at its option, to cancel its agreement to sell the Bonds if within five (5) day,after the tender <strong>of</strong> the Bonds for delivery the successful bidder shall not have accepted deliver<strong>of</strong> and paid for the Bonds, and in such event the <strong>City</strong> shall retain the successful bidder's goodfaith deposit as liquidated damages.I,Further infonnation may be obtained from Lisa Carwyle, <strong>City</strong> Clerk, <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, I O~Courthouse Square, <strong>Oxford</strong>, Mississippi 38655, telephone: (662) 232-2312 and the <strong>City</strong>'~financial advisor, Government Consultants, Inc., 1830 Crane Ridge Drive, Jackson, MississippI39216, telephone: (601) 982 0005, attention: Mr. Demery Grubbs.DATED: August 21,2012CITY OF OXFORD, MISSISSIPPIBy IslLisa Carwyle<strong>City</strong> ClerkI10I


,MINUTE BCM*::NDB<strong>63</strong>'pfi>hTY OF OXFORDDEMENH~ERIDIAN25361·0226--~-$5,500,000CITY OF OXFORD, MISSISSIPPIGENERAL OBLIGATION BONDS(CAPITAL IMPROVEMENTS ISSUE),SERIES 2012IMayor and Board <strong>of</strong> Aldermen<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>107 Courthouse Square<strong>Oxford</strong>, Mississippi 38655Ladies and Gentlemen:September_,2012For Five Million Five Hundred Thousand Dollars ($5,500,000) aggregate principalamount <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi General Obligation Bonds (Capital Improvements Issue),Series 2012 (the "Bonds") <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi (the "<strong>City</strong>"), bearing interest at therate or rates specified below, we will pay you the aggregate par value there<strong>of</strong> plus a premium <strong>of</strong>$ and plus accrued interest to the date <strong>of</strong> delivery <strong>of</strong> the Bonds to us. The Bondswill be dated and bear interest from September I, 2012 and will mature on September I in theyears set forth in the Notice <strong>of</strong> Bond Sale, dated August 21, 2012, in connection with the Bonds(the "Notice <strong>of</strong> Bond Sale").The Bonds maturing on September 1 in the years indicated shall bear interest at the ratesset opposite each, as follows:IPrincipal Interest Rate! Principal Interest Rate!Year Amount Coupon Year Amount Coupon2013 $305,000 2021 $375,0002014 315,000 2022 385,0002015 320,000 2023 395,0002016 330,000 2024 400,0002017 340,000 2025 410,0002018 345,000 2026 425,0002019 355,000 2027 435,0002020 365,00011I


254F~~~r~a~ie::-· 7:( c::::a;:lc~u·TafeQinMltAijJ~ iI3aQcQ---,~qtJA~'ng,;rYesPcft Q~fvS?


,255<strong>Oxford</strong>, Mississippi in the Office <strong>of</strong> the <strong>City</strong> Clerk in the <strong>City</strong> Hall located at 107 CourthouseSquare, <strong>Oxford</strong>, Mississippi 38655 attention: Lisa Carwyle, <strong>City</strong> Clerk, sealed and worded on theoutside, in substance, "Bid for <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi Capital Improvements Issue, Series2012", before 4:00 o'clock p.m., Mississippi time, on September _,2012. No interest will beallowed the bidder on the good faith deposit which accompanies this bid.)IACCEPTANCEThe above bid accepted by the Mayor and Board <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>,Mississippi, this __ day <strong>of</strong> September, 2012, and receipt <strong>of</strong> the within mentioned check ishereby acknowledged.CITY OF OXFORD, MISSISSIPPIBy~ ____________________ _MayorAttest:<strong>City</strong> ClerkI Return <strong>of</strong> the good faith check is hereby acknowledged.: By _____________ _I ITitle _____________ _Please list on an exhibit all members, if any, <strong>of</strong> your syndicate.SECTION 12. The Mayor <strong>of</strong> the <strong>City</strong> (the "Mayor" and together with the Clerk, the"Representatives") and Baker, Donelson, Bearman, Caldwell & Berkowitz, PC ("BondCounsel"), Mayo Mallette PLLC ("<strong>City</strong> Counsel") and Government Consultants, Inc. ("FinancialAdvisor") are hereby authorized and directed to carry out their respective responsibilities as setforth in this resolution.SECTION 13. The Representatives are hereby authorized and directed (a) to take suchactions and do such things as they shall deem appropriate and lawful to expedite the sale andissuance <strong>of</strong> the Bonds, (b) to authorize Bond Counsel, <strong>City</strong> Counsel and Financial Advisor totake such actions and do such things the Representatives shall deem appropriate and lawful toexpedite the sale <strong>of</strong> the Bonds, and (c) to take such actions and do such things as theRepresentatives shall deem appropriate to comply with the applicable requirements <strong>of</strong> the Act.13I


256MlNMJ~. ijQ~nAs fiabyG!IXzQ~A~ftgePause t~'Nm~.~ond Sale to be published at least two (2) times. the first <strong>of</strong> which shall not. be less than ten (10)1days prior to the date <strong>of</strong> the sale <strong>of</strong> the Bonds, in The <strong>Oxford</strong> Eagle, <strong>Oxford</strong>, Mississippi, anewspaper published in and having a general circulation in the <strong>City</strong>.ISECTION 15. The Clerk shall obtain from the publisher <strong>of</strong> the aforesaid newspaper thelcustomary publisher'S affidavit proving publication <strong>of</strong> said Notice <strong>of</strong> Bond Sale for the time andin the manner required by law, and such pro<strong>of</strong> <strong>of</strong> publication shall be filed in the Clerk's <strong>of</strong>ficeland exhibited before the Governing Body on the date fixed for the receipt <strong>of</strong> bids for thepurchase <strong>of</strong> the Bonds.SECTION 16. Pursuant to SEC Rule ISc2-12(b)(S), the <strong>City</strong> covenants and agrees tOIprovide to the original purchaser <strong>of</strong> the Bonds a continuing disclosure agreement, dated the date,<strong>of</strong> issuance and delivery <strong>of</strong> the Bonds, setting forth the <strong>City</strong>'s agreement with regard tocontinuing disclosure (the "Continuing Disclosure Agreement"), and to comply with thecovenants set forth therein and carry out all <strong>of</strong> the provisions <strong>of</strong> the Continuing DisclosureAgreement. In the event the <strong>City</strong> fails to comply with the provisions <strong>of</strong> the ContinuingDisclosure Agreement, any registered owner may take such actions as may be necessary andappropriate, including mandamus or specific performance by court order, to cause the <strong>City</strong> tOIcomply with its obligations set forth in the Continuing Disclosure Agreement and this Section.SECTION 17. The form <strong>of</strong> the Preliminary Official Statement in the form submitted tothis meeting and attached to this resolution as Exhibit B and made a part here<strong>of</strong> as though setforth in full herein, shall be, and the same hereby is, approved in substantially said form. TheRepresentatives are hereby authorized and directed to make all final determinations necessary toprepare the Preliminary Official Statement for distribution and to distribute and furnish toprospective bidders for the Bonds, and to other interested persons, the Preliminary Official,Statement and such other materials and information convenient to the public advertising <strong>of</strong> the Isale and the sale <strong>of</strong> the Bonds and, to the successful bidder for the Bonds, a final OfficialStatement relating to the Bonds. The <strong>City</strong> deems the Preliminary Official Statement to be "final",as described in SEC Rule ISc2 12(b)(I) for the purposes <strong>of</strong> such Rule.'SECTION 18. The Bonds may be submitted to validation as provided by Section:31-13-1 et seq., Mississippi Code <strong>of</strong> 1972, and to that end the Clerk is hereby directed to prepare!a transcript <strong>of</strong> all legal papers and proceedings relating to the Bonds and to certify and forwardthe same to the State's Bond Attorney for the institution <strong>of</strong> validation proceedings.IISECTION 19. The Mayor, upon the advice <strong>of</strong> the Financial Advisor and Bond Counsel, Iis hereby authorized and directed to make all final determinations necessary to prepare (a) theNotice <strong>of</strong> Bond Sale for pUblication, including the date <strong>of</strong> sale, the dated date <strong>of</strong> the Bonds, thelmaturity schedule relating to the Bonds, the redemption terms <strong>of</strong> the Bonds and any other terms Ithere<strong>of</strong>, and (b) the Official Bid Form; provided, however, that such determinations shall besubject to ratification by the Governing Body.I14I


.,257SECTIOMiNU'1IioJi00Ks Mo ~eClT¥e QFveQlfTQ~D he~£l;>;XMERIDIAN61"26an 0 execute all such -"documents as may be necessary to carry out and comply with the provisions <strong>of</strong> this resolutionand are further authorized to take any and all further actions and execute and deliver any and allother documents and certificates as may be necessary or desirable in connection with theissuance <strong>of</strong> the Bonds, the Preliminary Official Statement, a final Official Statement or otherdocuments necessary to conclude the sale and issuance <strong>of</strong> the Bonds and to document the <strong>City</strong>'scompliance with the Act and the Internal Revenue Code <strong>of</strong> 1986, as amended (the "Code").ISECTION 21. The Governing Body hereby designates the Bonds as "qualified taxexempt obligations" for purposes <strong>of</strong> Section 265(b)(3) <strong>of</strong> the Code. The <strong>City</strong> (including anysubordinate entity or entities issuing tax exempt obligations on behalf <strong>of</strong> the <strong>City</strong> within themeaning <strong>of</strong> Section 265(b)(3) <strong>of</strong> the Code) has not issued, and does not reasonably expect toissue, tax exempt obligations within calendar year 2012 which, together with the Bonds, willexceed $10,000,000SECTION 22. The Mayor is hereby authorized and directed to approve all costs <strong>of</strong>issuance in regard to the Bonds prior to the closing <strong>of</strong> the Bond; provided, however, that suchdetermination shall be made subject to ratification by the Governing Body.SECTION 23. All acts and doings <strong>of</strong> the <strong>of</strong>ficers and members <strong>of</strong> the Governing Bodywhich are in conformity with the purposes and intents <strong>of</strong> this resolution and in furtherance <strong>of</strong> thesale and issuance <strong>of</strong> the Bonds, shall be, and the same hereby are, in all respects approved andconfirmed.SECTION 24. The Bonds shall be sold and issued pursuant to this and subsequent! resolutions <strong>of</strong> the Governing Body.SECTION 25. All resolutions or parts there<strong>of</strong> in conflict herewith, to the extent <strong>of</strong> suchconflict only, are hereby repealed.ISECTION 26. This resolution shall become effective immediately upon the adoptionhere<strong>of</strong>.SECTION 27. If anyone or more <strong>of</strong> the provisions <strong>of</strong> this resolution shall for anyreason be held to be illegal or invalid, such illegality or invalidity shall not affect any <strong>of</strong> the otherprovisions <strong>of</strong> this resolution, but this resolution shall be construed and enforced as if such illegalor invalid provision or provisions had not been contained herein.Alderman _Taylor __ seconded the motion to adopt the foregoing resolution, and thequestion being put to a roll call vote, the result was as follows:Alderman Ney Williams voted:Alderman E.O. Oliver voted:Alderwoman Janice Antonow voted:Alderman Ulysses Howell voted:15AYEAYEAYEAYEI


258AYEAYEDEMENT-MERIDIAN 61-226The motion having received the affirmative vote <strong>of</strong> a majority <strong>of</strong> the members <strong>of</strong> theGoverning Body present, being a quorum <strong>of</strong> said Governing Body, the Mayor declared themotion carried and the resolution adopted this 21 sl day <strong>of</strong> August, 2012.1122996II16I


259MINUTE BOOKEtbni3, CITY OF OXFORDDEMENT-MERIDIAN 61-0226PROOF OF PUBLICATIONIII


PROOF OF PUBLICATIONOF OXFORDPRINTER'S FEEE$ENW0;~2isTHE STATE OF MISSISSIPPII'LAFAYETTE COUNTYPersonally appeared before me, afnotaryIpublic in and for said county and I. tate,undersignedTim Phillips'Who, after being duly sworn, deposes andsays that he is the Co,Publisher <strong>of</strong> the <strong>Oxford</strong>Eagle, a newspaper published daily in the <strong>City</strong><strong>of</strong> <strong>Oxford</strong>, In said coullty and Stat~, and thatthe said newspaper has been published formore than one year and that NOil c C­O+'- R.eS€) i


261MINUTE BOOKEMoB<strong>63</strong>l, CITY OF OXFORDDEMENT-MERIDIAN 61-0226PRELIMINARY OFFICIAL STATEMENTIII


PRELIMINARY OFFICIAL STATEMENTDated August _, 2012DEMENT-MERIDIAN 61-226In the opinion <strong>of</strong> Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Jackson, Mississippi, Bond Counsel, assumingcompliance by the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi with certain tax covenants, under existing statutes, regulations, rulings and court ¢leeisians.interest on the Bonds (as hereinafter defined) is excluded from gross income for federal income tax purposes. However'fe "TAXEXEMPTION" for a description <strong>of</strong> the alternative minimum tax on corporations and certain other federal tax cons. equences <strong>of</strong> wnership<strong>of</strong> the Bonds. Bond Counsel is further <strong>of</strong> the opinion that under and pursuant to the Act (as hereinafter defined). the Bonds a d interestthereon are exempt from af{ income taxes imposed by the State <strong>of</strong> Mississippi.$5,500,000CITY OF OXFORD, MISSISSIPPI .GENERAL OBLIGATION BONDS(CAPITAL IMPROVEMENTS ISSUE),SERIES 2012IDated: September 1, 2012Due: September 1, as shownl belowInterest on the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>. Mississippi General Obligation Bonds (Capital Improvements Issue). se~es 2012(the 'Hands") will be payable semiannually on March 1 and September 1 <strong>of</strong> each year. commencing Septembe 1, 2013.The Bonds are being issued to raise money for the purpose <strong>of</strong> (a) erecting municipal buildings and athletic . adiums,preparing and equipping athletic fields, and purchasing buildings or land therefor. and for repairing, improving.jadorningand equipping the same; (b) constructing, improving or paving streets, sidewalks, driveways, parkways, wal~ways orpublic parking facilities. and purchasing land therefor; (c) purchasing land for parks and public playgrounds. andimproving, equipping and adorning the same, including the constructing, repairing and equipping <strong>of</strong> recreational acilities;(d) purchasing fire-fighting equipment and apparatus. and providing housing for same and purchasing land the for; and(e) paying the costs incident to the sale and issuance <strong>of</strong> the Bonds. The Mayor and the Board <strong>of</strong> Aldermen <strong>of</strong> th' <strong>City</strong> willdesignate a bank or banks to serve as paying agent, transfer agent and registrar <strong>of</strong> the Bonds (the "Paying and TransferAgent"). The Bonds will be issued as fully registered bonds in denominations <strong>of</strong> $5,000 or any integral multipl there<strong>of</strong>and registered in the name <strong>of</strong> Cede & Co., as nominee <strong>of</strong> The Depository Trust Company CDTC"). New York, ew York,which will act as securities depository for the Bonds under a book-entry-only system, as described herein. So lo~g as theBonds are held in book-entry form, beneficial owners <strong>of</strong> Bonds will not receive physical delivery <strong>of</strong> bond certificates.The principal <strong>of</strong>, and interest on, the Bonds will be payable by the Paying and Transfer Agent to DTC, which willin turn remit such principal and interest to its Direct Participants (as defined herein) and Indirect Participants (a~ definedherein), which will in turn remit such principal, and interest to the beneficial owners <strong>of</strong> the Bonds. If the date for paymentIS not a business day then the payment shall be made on the next succeeding busIness day with the same frrce andeffect as If made on the payment date See "DESCRIPTION OF THE BONDS - BOOk-Entry Only System" herein!MATURITY SCHEDULEIPrincipal Interest Price or Principal Interest Price orYear Amount Rate Yield CUSIPS Year Amount Rate Yield C SIPS20132014201520162017201820192020$305.000 2021 $375.000315.000 2022 385,000320.000 2023 395,000330.000 2024 400,000340.000 2025 410,000345000 2026 425,000355000 2027 435,000365000The Bonds are general obligations <strong>of</strong> the <strong>City</strong> and are secured by a pledge <strong>of</strong> the full faith, credit a~d taxingpower <strong>of</strong> the <strong>City</strong>.The Bonds are being <strong>of</strong>fered as "qualified tax exempt obligations" within the meaning <strong>of</strong> Section 265(b)(3) <strong>of</strong> theInternal Revenue Code <strong>of</strong> 1986, as amended.IThe Bonds will be subject to redemption prior to maturity and without premium. at the option <strong>of</strong> thd <strong>City</strong>, asprovided herein. 1The Bonds are <strong>of</strong>fered subject to the final approving opinion <strong>of</strong> Baker, Donelson, Bearman, Caldwell &Berkowitz, PC, Jackson, Mississippi, Bond Counsel. It is expected that delivery <strong>of</strong> the Bonds in definitive fonin will bemade in New York, New York, on or about September __ ,2012.Dated: September __ .2012III


MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDCITY OF OXFORD, MISSISSIPPI2<strong>63</strong>DEMENT-MERIDIAN 61·02261IMAYOR AND BOARD OF ALDERMENIGeorge "Pat" Patterson, MayorNey Williams, AldermanE.O. Oliver, AldermanJanice Antonow, AlderwomanUlysses Howell, AldermanPreston E. Taylor, AldermanJason Bailey, AldermanJohn Morgan, AldermanCITY CLERKLisa CarwyleGENERAL COUNSELMayo Mallette PLLC<strong>Oxford</strong>, MississippiIFINANCIAL ADVISORGovernment Consultants, Inc.Jackson, MississippiBOND COUNSELBaker, Donelson, Bearman, Caldwell & Berkowitz, PCJackson, MississippiI


264OFFICIAL STATEMENT SUMMARYMINUTE BOOK No. 6~CJTR~GOF OXFORDDEMENT·MERIDIAN 61-226~~~~~ ..$5,500,000CITY OF OXFORD, MISSISSIPPIGENERAL OBLIGATION BONDS(CAPITAL IMPROVEMENTS ISSUE),SERIES 2012The Issuer..Issue and Date ,..Authorily"Use <strong>of</strong> Proceeds ..Amounts and Maturities ..Interest Payment Dates.Redemption Provisions ..Security for PaymentTax Exemption.Disclosure Certificates ...Cily <strong>of</strong> <strong>Oxford</strong>, Mississippi (the "Cily").$5,500,000 Cily <strong>of</strong> <strong>Oxford</strong>, Mississippi General Obligalion Bonds (CapilaImprovemenls Issue), Series 2012, daled Seplember 1, 2012 (Ih"Bonds"),Seclions 21-33-301 ef seq., Mississippi Code <strong>of</strong> 1972, as amended (Ih"Acn·The Bonds are being issued 10 raise money for Ihe purpose <strong>of</strong> (a) ereelinmunicipal buildings and athletic stadiums, preparing and equipping athletiq::fields, and purchasing buildings or land therefor, and for repairing 1improving, adorning and equipping the same; (b) constructing, improVinJor paving streets, sidewalks, driveways, parkways, walkways or publiparking facililies, and purchasing land therefor; (c) purchasing land fa,parks and public playgrounds, and improving, equipping and adorning thsame, including the constructing, repairing and equipping <strong>of</strong> recreationalfacilities; (d) purchasing fire-fighting equipment and apparatus, andproviding housing for same and purchasing land therefor; and (e) payin~the costs incident to the sale and issuance <strong>of</strong> the Bonds (seel"DESCRIPTION OF THE PROJECT" herein).jThe Bonds will mature on September 1 in the years and amounts as s~forth on the cover page here<strong>of</strong>.IMarch 1 and September 1 <strong>of</strong> each year, commencing September 1, 2013.The Bonds will be subject to redemption prior to maturity and withoutpremium, at the option <strong>of</strong> the <strong>City</strong>, as provided herein (se,"DESCRIPTION OF THE BONDS - Redemption Provisions" herein).Pursuant to the Act, the Bonds shall be general obligations <strong>of</strong> the <strong>City</strong> an!secured by the full faith, credit and taxing power <strong>of</strong> the <strong>City</strong> (se"DESCRIPTION OF THE BONDS - Security" herein).In the opinion <strong>of</strong> Bond Counsel, assuming compliance by the <strong>City</strong> witcertain tax covenants, under existing statutes, regulations, rulings andcourt decisions, interest on the Bonds is excluded from gross income fOlfederal income tax purposes. However, see "TAX EXEMPTION" here~.,for a description <strong>of</strong> the alternative minimum tax on individuals ancorporations and certain other federal tax consequences <strong>of</strong> ownershipthe Bonds. Bond Counsel is further <strong>of</strong> the opinion that under anpursuant to the Act, the Bonds and interest thereon are exempt from ailincome taxes imposed by the State <strong>of</strong> Mississippi.The original purchaser <strong>of</strong> the Bonds, concurrently with the delivery <strong>of</strong> th~.Bonds, shall receive a certificate signed by certain <strong>of</strong>ficials <strong>of</strong> the Citregarding the adequacy <strong>of</strong> disclosure contained in this Official Stateme(see "DOCUMENTS ACCOMPANYING DELIVERY OF THE BONDS'herein).IIThe above information is qualified in its entirety by the detailed information and financial information appearingelsewhere in this Official Statement, including the Appendices.II


265MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61·0226~.. II[THIS PAGE INTENTIONALLY LEFT BLANK]II


266IMlMUT&oBQQKe~Q3, C1JY pQf'n QXfeOBQrizeltcQ~t~lc<strong>City</strong>~fOxfont,-Mississippitthe "<strong>City</strong>") to give c1ny mfOililaliol1 ailo make any representations other-tha-~those contained herein and, if given or made, such other information or representation must ndtbe relied upon as having been authorized by the <strong>City</strong>. This Official Statement does not constitutean <strong>of</strong>fer to sell or the solicitation <strong>of</strong> an <strong>of</strong>fer to buy nor shall there be any sale <strong>of</strong> the Bonds by a~person in any jurisdiction in which it is unlawful for such person to make such an <strong>of</strong>fe ,solicitation or sale. The information and expressions <strong>of</strong> opinion herein are subject to changwithout notice, and neither the delivery <strong>of</strong> this Official Statement nor any sale made hereund rshall, under any circumstances, create any implication that there has been no change in thaffairs <strong>of</strong> the <strong>City</strong> since the date here<strong>of</strong>.TABLE OF CONTENTSpag~IINTRODUCTION ... ... 1DESCRIPTION OF THE BONDS ..General ..Security ..Redemption Provisions.Defeasance <strong>of</strong> Bonds ..Registration ..<strong>Book</strong>-Entry-Only System ..Additional Information ..DESCRIPTION OF THE PROJECT ..THE CITY.General Description ...Population ..Government.. ..Transportation.Educational Facilities ..Medical Facilities.Communication Services ..Municipal Services .. .Per Capita Income .. .Retail Sales and Sales Tax Collected for the <strong>City</strong> ..Major Employers ..County Unemployment Statistics ..County Employment Statistics ..Banking Institutions in the <strong>City</strong> ..<strong>City</strong> Building Permits.TAX INFORMATION.Description <strong>of</strong> <strong>City</strong> Taxes.Assessed Valuation For Fiscal Years Ending September 30 .Tax Levy Per $1,000 Valuation. .. .......... ..Ad Valorem Tax Collections ..2010 Ten Largest Taxpayers.. ........ 7. ·······················iil. ......... 9. ........ 9........ 1........ 1r........ 1 ,........ 11. ....... 11. ....... 1~. ....... 1 ~. ....... 113IDEBT INFORMATION ..<strong>City</strong> Debt Limitations ..Legal Debt Limit Statement..Outstanding General Obligation Bonded Debt........................................... .........•.•••.••..••.••••••••13~!I


267Annual DMrNUEJ1EqB66K No. <strong>63</strong>, CITYOFOXFORD ........... 14DEME . ERIDIAN 61-0225Other Long Term Debt............. ....... ......... ........... ....................................... 15Outstanding Revenue Bonds ..................................................................................................... 15LITIGATION ............................ . . ....................................................... 15FINANCIAL ADVISOR.. ................................... .. . .............................................................. 15RATING .............................................................................. 16IRECORD OF NO DEFAULT ........................................................................ 16NO BOND PROCEEDS FOR CURRENT OPERATING EXPENSES ............... .............. ... ..•..... 16PENSION PLANS .......................................................................... 16REAPPRAISAL OF PROPERTY AND LIMITATIONS ON AD VALOREM LEVIES..........16HOMESTEAD EXEMPTION ....................................................................................................... 17PURCHASER ...............•.... ..... •........... .... . ............................................ 17VALIDATION ............................................................................................... . . ....................................... 17APPROVAL OF LEGAL PROCEEDINGS...................... .........•... ......... 17CONTINUING DISCLOSURE ................................................................................................................ 17TAX EXEMPTION .................................................................................. 18DOCUMENTS ACCOMPANYING DELIVERY OF THE BONDS ...........18Absence <strong>of</strong> Litigation. ... ............ ... .......... ... ............ .......... ....... ..... 18Legal Matters .............................................................................................................................. 19Certificates ................................................................................................................................... 19MISCELLANEOUS ..... ..... .... ... ... ......... ........... ....... •. .................................. 19IAPPENDIX AAPPENDIX BAPPENDIX CAPPENDIX 0Notice <strong>of</strong> Bond SaleFiscal Year __ Audited Financial Statement,Fiscal Year 20_-20_ Budget and Fiscal Year 20_-20_ BudgetForm <strong>of</strong> Bond Counsel OpinionForm <strong>of</strong> Continuing Disclosure AgreementiiI


268DEMENT-MERIDIAN 61·226$5,500,000CITY OF OXFORD, MISSISSIPPIGENERAL OBLIGATION BONDS(CAPITAL IMPROVEMENTS ISSUE), SERIES 2012INTRODUCTIONSeptember_, 2011IThe purpose <strong>of</strong> this Official Statement, which includes the cover page and Appendices hereto, isto set forth certain information concerning the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, MisSissipp' (the "<strong>City</strong>") and the <strong>City</strong>'s$5,500,000 General Obligation Bonds (Capital Improvements Issue), Series 2012 (the "Bonds").Reference is made to the Act (as hereinafter defined), the Resolution (as hereinafter defined) andl'any and all modifications and amendments there<strong>of</strong> for a description <strong>of</strong> the nature and extent <strong>of</strong> thJ.security <strong>of</strong> the Bonds, the pledge <strong>of</strong> tax revenues for the payment <strong>of</strong> the principal <strong>of</strong> and interest on th~Bonds, the nature and extent <strong>of</strong> said pledge and the terms and conditions under which the Bonds areissued.GeneralDESCRIPTION OF THE BONDSThe Bonds will be issued pursuant to the provisions <strong>of</strong> Sections 21-33-301 et seq., MississiPPICode <strong>of</strong> 1972, as amended (the "Act") and certain resolutions adopted by the Mayor and the Board <strong>of</strong>Aldermen (the "Governing Body") <strong>of</strong> the <strong>City</strong> (collectively, the "Resolution"). The Bonds are being issuedto raise money for the purpose <strong>of</strong> (a) erecting municipal buildings and athletic stadiums, preparing andequipping athletic fields, and purchasing buildings or land therefor, and for repairing, improving, adorningand equipping the same; (b) constructing, improving or paving streets, sidewalks, driveways, parkways, Iwalkways or public parking facilities, and purchasing land therefor; (c) purchasing land for parks ancjpublic playgrounds, and improving, equipping and adorning the same, including the constructing,1repairing and equipping <strong>of</strong> recreational facilities; (d) purchasing fire-fighting equipment and apparatus"and providing housing for same and purchasing land therefor; and (e) paying the costs incident to thesale and issuance <strong>of</strong> the Bonds (see "DESCRIPTION OF THE PROJECT" herein).iIIIIn order to issue the Bonds, the Governing Body adopted a resolution declaring its intention toissue the Bonds and gave notice <strong>of</strong> such intention by publication <strong>of</strong> said resolution in a newspaper haVinglgeneral circulation in the <strong>City</strong>. If ten percent, or 1,500, whichever had been less, <strong>of</strong> the qualified elector~.<strong>of</strong> the <strong>City</strong> had filed a written protest against the issuance <strong>of</strong> the Bonds on or before the date specified isaid resolution, an election on the question <strong>of</strong> the issuance <strong>of</strong> the Bonds would have been held. Augus21,2012 was set by the Governing Body as the date on or before which written protest was required thave been filed. No written or other protest having been received on or before said date, the GoverningBody is now authorized and empowered by the Act to issue the Bonds without the necessity <strong>of</strong> calling andholding an election on the question <strong>of</strong> the issuance there<strong>of</strong>.'The Bonds will be general obligations <strong>of</strong> the <strong>City</strong> and the full faith, credit and taxing power <strong>of</strong> th111<strong>City</strong> shall be pledged as security for the payment <strong>of</strong> the principal <strong>of</strong> and the interest on the Bonds.The Bonds will initially be dated September 1, 2012, and will be issued as fully registered bond~in denominations <strong>of</strong> $5,000 or any integral multiple there<strong>of</strong>, bearing interest at the rates per annum set,forth on the cover page here<strong>of</strong>, payable semiannually on March 1 and September 1 <strong>of</strong> each year,I


.,269The Bonds will initially be held in a book-entry-only system administered by The Depository TrustCompany, New York, New York ("DTC"). Principal <strong>of</strong> and interest on the Bonds held in book-entry formshall be payable as described herein under the heading "DESCRIPTION OF THE BONDS - <strong>Book</strong>-Entry­Only System."IThe principal <strong>of</strong> and interest on, the Bonds will be payable by the Paying and Transfer Agent toDTC, which will in turn remit such principal and interest to its Direct PartiCipants (as hereinafter defined)and Indirect Participants (as hereinafter defined), which will in turn remit such principal and interest to thebeneficial owners <strong>of</strong> the Bonds. If the date for payment is not a business day, then the payment shall bemade on the next succeeding business day with the same force and effect as if made on the paymentdate.The Bonds will mature on September 1 in the years and in the amounts set forth on the coverpage here<strong>of</strong>.SecurityThe Bonds will be general obligations <strong>of</strong> the <strong>City</strong>. The full faith, credit and taxing power <strong>of</strong> the<strong>City</strong> are irrevocably pledged to secure the payment <strong>of</strong> the principal <strong>of</strong> and interest on the Bonds, whichare payable out <strong>of</strong> and secured by the avails <strong>of</strong> a direct and continuing tax to be levied annually withoutlimitation as to rate or amount upon the taxable property within the geographical limits <strong>of</strong> the <strong>City</strong>. The<strong>City</strong> will levy annually a special tax upon all taxable property within the geographical limits <strong>of</strong> the <strong>City</strong>adequate and sufficient to provide for the payment <strong>of</strong> prinCipal <strong>of</strong> and interest on the Bonds as the samefalls due.The qualified electors <strong>of</strong> the State <strong>of</strong> Mississippi (the "State") voted in a general election held onNovember 7, 1995, to amend the Mississippi Constitution <strong>of</strong> 1890 (the "Constitution") to add the followingnew Section 172A (the "Amendment"):SECTION 172A. Neither the Supreme Court nor any inferior court <strong>of</strong> this stateshall have the power to instruct or order the state or any political subdivision there<strong>of</strong>, oran <strong>of</strong>ficial <strong>of</strong> the state or any political subdivision, to levy or increase taxes.IThe Amendment does not affect the underlying obligation to pay the principal <strong>of</strong> and interest onthe Bonds as they mature and become due nor does it affect the obligation to levy a tax sufficient toaccomplish that purpose. However, even though it appears that the Amendment was not intended toaffect registered owners' remedies in the event <strong>of</strong> a payment default, it potentially prevents registeredowners from obtaining a writ <strong>of</strong> mandamus to compel the levying <strong>of</strong> taxes to pay the principal <strong>of</strong> andinterest on the Bonds in a court <strong>of</strong> the State. It is not certain whether the Amendment would affect theright <strong>of</strong> a federal court to direct the levy <strong>of</strong> a tax to satisfy a contractual obligation. Other effectiveremedies are available to the Bondholders in the event <strong>of</strong> a payment default with respect to the Bonds.Redemption ProvisionsThe Bonds maturing September 1, 2021 and thereafter will be subject to redemption prior to theirrespective maturities, at the option <strong>of</strong> the <strong>City</strong>, on and after September 1, 2020, either in whole on anydate, or in part on any interest payment date, as selected by the <strong>City</strong> among maturities, and by lot withineach maturity, at the principal amount there<strong>of</strong>, together with accrued interest to the date fixed forredemption and without premium.Notice <strong>of</strong> each such redemption shall be mailed, postage prepaid, not less than 30 days prior tothe redemption date, to all registered Owners <strong>of</strong> the Bonds to be redeemed at their addresses as theyappear on the records <strong>of</strong> the Paying and Transfer Agent.2I


270DefeasMwu,tG BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226Under the Resolution, Bonds for the payment <strong>of</strong> which sufficient moneys, or, to the extent'permitted by the laws <strong>of</strong> the State, (a) direct obligations <strong>of</strong>, or obligations the payment <strong>of</strong> the principal <strong>of</strong>and interest on which are unconditionally guaranteed by, the United States <strong>of</strong> America ("GovernmenObligations"), or (b) certificates <strong>of</strong> deposit or municipal obligations fully secured by Governmen,Obligations, or (c) evidences <strong>of</strong> ownership <strong>of</strong> proportionate interests in future interest or principa:payments on Government Obligations held by a bank or trust company as custodian, under which th~owner <strong>of</strong> the investment is the real party in interest and has the right to proceed directly and individuall~against the obligor on the Government Obligations and which Government Obligations are not availableto satisfy any claim <strong>of</strong> the custodian or any person claiming through the custodian or to whom thecustodian may be obligated, or (d) municipal obligations, the payment <strong>of</strong> the principal <strong>of</strong>, interest andredemption premium, if any, on which are irrevocably secured by Government Obligations and which:Government Obligations are not subject to redemption prior to the date on which the proceeds Iattributable to the principal <strong>of</strong> such obligations are to be used and have been deposited in an escro~'account which is irrevocably pledged to the payment <strong>of</strong> the principal <strong>of</strong> and interest and redemptio Ipremium, if any, on such municipal obligations (all <strong>of</strong> which collectively, with Government Obligations:"Defeasance Securities"), shall have been deposited with an escrow agent appointed for such purpose :,which may be the Paying and Transfer Agent, all to the extent provided in the Resolution, shall bdeemed to have been paid, shall cease to be entitled to any lien, benefit or security under the Resolutionand shall no longer be deemed to be outstanding thereunder, and the registered owners shall have norights in respect there<strong>of</strong> except to receive payment <strong>of</strong> the principal <strong>of</strong> and interest on such Bonds from thefunds held for that purpose. Defeasance Securities shall be considered sufficient under the Resolution i(said investments, with interest, mature and bear interest in such amounts and at such times as will assurE1sufficient cash to pay currently maturing interest and to pay prinCipal when due on such Bonds.iRegistratio nBonds Subject to the <strong>Book</strong>-Entry-Only System. For so long as DTC acts as securitie$depository for the Bonds, the registration and transfer <strong>of</strong> ownership interests in Bonds shall bEiaccomplished by book entries made by DTC and the Direct Participants and, where appropriate, theIndirect Participants (as such terms are hereinafter defined), as described herein under the heading"DESCRIPTION OF THE BONDS-<strong>Book</strong>-Entry-Only System,"Bonds Not Subject to <strong>Book</strong>-Entry-Only System. Should the Bonds no longer be held in book-'entry form, each Bond shall be thereafter evidenced by a bond certificate in fully registered form andtransferable only upon the registration records <strong>of</strong> the <strong>City</strong> maintained by the Paying and Transfer Agent,by the registered owner there<strong>of</strong> or by his attorney, duly authorized in writing, upon surrender there<strong>of</strong>itogether with a written instrument <strong>of</strong> transfer satisfactory to the Paying and Transfer Agent, duly execute;I.,by the registered owner or his duly authorized attorney. Upon the transfer <strong>of</strong> any Bond, the <strong>City</strong> shal iissue, in the name <strong>of</strong> the transferee, a new Bond or Bonds <strong>of</strong> the same interest rate and maturity <strong>of</strong> lik 'tenor and effect in any authorized denomination equal to the unpaid principal amount <strong>of</strong> the surrendereBond. ,IIIIIBonds, upon surrender there<strong>of</strong> at the <strong>of</strong>fice <strong>of</strong> the Paying and Transfer Agent with a writteninstrument <strong>of</strong> transfer satisfactory to the Paying and Transfer Agent duly executed by the registered Iowner or his duly authorized attorney, may be exchanged for a prinCipal amount <strong>of</strong> Bonds <strong>of</strong> the sameinterest rate and maturity and <strong>of</strong> like tenor and effect in any authorized denomination equal to the unpaillprincipal amount <strong>of</strong> the surrendered Bonds. The Paying and Transfer Agent will not be required tregister the transfer <strong>of</strong> or exchange any Bond after the mailing <strong>of</strong> notice calling such Bond for redemptio 'has been given as provided in the Resolution, nor during the period <strong>of</strong> 15 days next preceding the givin<strong>of</strong> such notice <strong>of</strong> redemption.'<strong>Book</strong>-Entry-Only SystemThe <strong>City</strong> has determined that it will be beneficial to have the Bonds held by a central depositorysystem and to have transfers <strong>of</strong> the Bonds affected by book-entry on the books <strong>of</strong> DTC as such central3I


.,depository systeMINUT" 86 c 0 FdGXFOAme in bookent-onl form i~·Me [Jocamoliot <strong>of</strong>. .cf BeBWI#fR~D_IA~61:022~,Ownership interests in the Bonds (the "Beneficial Owners") will not receive certificates representing theirinterests In the Bonds purchased.The information provided under this caption has been provided by DTC. No representation ismade by the <strong>City</strong>, the Purchaser (as defined herein) or the Trustee as to the accuracy or adequacy <strong>of</strong>such information, or as to the absence <strong>of</strong> material adverse changes in such information subsequent to thedate here<strong>of</strong>.271IDTC will act as securities depository for the Bonds The Bonds will be initially Issued as fullyregisteredBonds registered in the name <strong>of</strong> Cede & Co. (DTC's partnership nominee) or such other nameas may be requested by the authorized representative <strong>of</strong> DTC. One fully-registered Bond certificate foreach maturity will be issued for the Bonds in the aggregate principal amount <strong>of</strong> each maturity and will bedeposited with DTC.DTC, the world's largest depository, is a limited-purpose trust company organized under the NewYork Banking Law, a "banking organization" within the meaning <strong>of</strong> the New York, Banking Law, a member<strong>of</strong> the Federal Reserve System, a "clearing corporation" within the meaning <strong>of</strong> the New York UniformCommercial Code, and a "clearing agency" registered pursuant to the provisions <strong>of</strong> Section 17 A <strong>of</strong> theSecurities Exchange Act <strong>of</strong> 1934. DTC holds and provides asset serviCing for over 3.5 million issues <strong>of</strong>U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instrumentfrom over 100 countries that DTC's participants ("Direct Participants") deposit with DTC. DTC als<strong>of</strong>acilitates the post-trade settlement among Direct Participants <strong>of</strong> sales and other securities transactions,in deposited securities through electronic computerized book-entry transfers and pledges between DirectParticipants' accounts. This eliminates the need for physical movement <strong>of</strong> securities certificates. DirectParticipants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies,clearing corporations and certain other organizations. DTC is a wholly-owned subsidiary <strong>of</strong> TheDepository Trust & Clearing Corporation ("DTCC"). DTCC is the holding company for DTC, NationalSecurities Clearing Corporation and Fixed Income Clearing Corporation, all <strong>of</strong> which are registeredclearing agencies. DTCC is owned by the users <strong>of</strong> its regulated subsidiaries. Access to the DTC systemis also available to others such as both U.S and non-U.S. securities brokers and dealers, banks, trustcompanies, and clearing corporations that clear through or maintain a custodial relationship with a DirectPartiCipant, either directly or indirectly ("Indirect Participants"). DTC has S&P's rating <strong>of</strong> AA+ The DTCRules applicable to its Participants are on file with the Securities and Exchange Commission. Moreinformation about DTC can be found at www.dtcc.com.IPurchases <strong>of</strong> Bonds under the DTC system must be made by or through Direct Participants,which will receive a credit for such Bonds on DTC's records. The ownership interest <strong>of</strong> each actualpurchaser <strong>of</strong> each Bond ("BenefiCial Owner") is in turn to be recorded on the Direct and IndirectParticipants' records. Beneficial Owners will not receive written confirmation from DTC <strong>of</strong> their purchase.Beneficial Owners are, however, expected to receive written confirmations providing details <strong>of</strong> thetransaction, as well as periodic statements <strong>of</strong> their holdings, from the Direct or Indirect Participant throughwhich the Beneficial Owner entered into the transaction. Transfers <strong>of</strong> ownership interests in the Bondsare to be accomplished by entries made on the books <strong>of</strong> Direct and Indirect PartiCipants acting on behalf<strong>of</strong> Beneficial Owners. Beneficial Owners will not receive certificates representing their ownershipinterests in Bonds, except in the event that use <strong>of</strong> the book-entry system for the Bonds is discontinued.To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC areregistered in the name <strong>of</strong> DTC's partnership nominee, Cede & Co., or such other name as may berequested by an authorized representative <strong>of</strong> DTC. The deposit <strong>of</strong> Bonds with DTC and their registrationin the name <strong>of</strong> Cede & Co. or such other nominee do not effect any change in beneficial ownership. DTChas no knowledge <strong>of</strong> the actual Beneficial Owners <strong>of</strong> the Bonds. DTC's records reflect only the Identity <strong>of</strong>I the Direct Participants to whose accounts such Bonds are credited, which mayor may not be theBeneficial Owners. The Direct Participants and the Indirect Participants will remain responsible forkeeping account <strong>of</strong> their holdings on behalf <strong>of</strong> their customers.4I


272MJN!JrI~faQO"cN~ ~~Il~s QFD-Q~FoQ~~rticiP~J~D,£lir,eillPal licip8ilts to--tl idii act Partlc:pal Its, and by U"rretT- Participants amttndirect Participants to BerieficialOwners will be governed by arrangements among them, subject to any statutory or regulatoryrequirements as may be in effect from time to time.Neither DTC nor Cede & Co. (nor such other DTC nominee) will consent or vote with respect t~the Bonds unless authorized by a Direct Participant in accordance with DTC's Procedures Under itSusual procedures, DTC mails an "Omnibus Proxy" to the Paying and Transfer Agent as soon as possibleafter the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to thoseDirect Participants to whose accounts the Bonds are credited on the record date (identified in a listingattached to the Omnibus Proxy).Principal payments and interest payments on the Bonds will be made to Cede & Co. or suc~other nominee as may be requested by an authorized representative <strong>of</strong> DTC. DTC's practice is to creditDirect Participants' accounts upon DTC's receipt <strong>of</strong> funds and corresponding detail information from the<strong>City</strong> or the Paying and Transfer Agent, on the payable date in accordance with their respective holdingsshown on DTC's records. Payments by Participants to Beneficial Owners will be governed by standin~instructions and customary practices, as is the case with securities held for the accounts <strong>of</strong> customers i~bearer form or registered in "street name," and will be the responsibility <strong>of</strong> such Participant and not dfDTC nor its nominee, the Paying and Transfer Agent. or the <strong>City</strong> subject to any statutory or regulatoryrequirements as may be in effect from time to time. Payment <strong>of</strong> redemption proceeds, principal paymentsand interest payments to Cede & Co (or such other nominee as may be requested by an authorizedrepresentative <strong>of</strong> DTC) is the responsibility <strong>of</strong> the <strong>City</strong> or the Paying and Transfer Agent, disbursement <strong>of</strong>such payments to Direct Participants will be the responsibility <strong>of</strong> DTC, and disbursement <strong>of</strong> suchpayments to the Beneficial Owners will be the responsibility <strong>of</strong> Direct and Indirect Participants.IDTC may discontinue providing its services as depository with respect to the Bonds at any timeby giving reasonable notice to the <strong>City</strong> Under such circumstances, and in the event that a successordepository is not obtained, Bond certificates are required to be printed and deliveredIn addition, the <strong>City</strong> may decide to discontinue use <strong>of</strong> the system <strong>of</strong> book-entry transfers througHDTC (or a successor securities depository) In that event, Bond certificates will be printed and deliveredto DTC.IThe information in this section and elsewhere in this Official Statement concerning DTC andDTC's book-entry system has been obtained from sources that the <strong>City</strong> believes to be reliable, but thE)<strong>City</strong> takes no responsibility for the accuracy there<strong>of</strong>.'So long as Cede & Co, is the registered holder <strong>of</strong> the Bonds as nominee <strong>of</strong> DTC, referencesherein to the holders, or registered owners <strong>of</strong> the Bonds mean Cede & Co. and not the Beneficial Owners<strong>of</strong> the Bonds.ITHE CITY AND THE PAYING AND TRANSFER AGENT CANNOT AND DO NOT GIVE ANYASSURANCES THAT THE DIRECT PARTICIPANTS OR THE INDIRECT PARTICIPANTS WILLDISTRIBUTE TO THE BENEFICIAL OWNERS OF THE BONDS (A) PAYMENTS OF PRINCIPAL OF ORINTEREST OR REDEMPTION PREMIUM, IF ANY, ON THE BONDS; (B) CERTIFICATESREPRESENTING AN OWNERSHIP INTEREST OR OTHER CONFIRMATION OF BENEFICIA~OWNERSHIP INTERESTS IN THE BONDS; OR (C) REDEMPTION OR OTHER NOTICES SENT TODTC OR CEDE & CO, ITS NOMINEE, AS THE REGISTERED OWNERS OF THE BONDS, OR THAllTHEY WILL DO SO ON A TIMELY BASIS OR THAT DTC OR DIRECT OR INDIRECT PARTICIPANTSWILL SERVE AND ACT IN THE MANNER DESCRIBED IN THIS OFFICIAL STATEMENT. THECURRENT "RULES" APPLICABLE TO DTC ARE ON FILE WITH THE SECURITIES AND EXCHANGECOMMISSION AND THE CURRENT "PROCEDURES" OF DTC TO BE FOLLOWED IN DEALING WITHDIRECT OR INDIRECT PARTICIPANTS ARE ON FILE WITH DTC.INEITHER THE CITY NOR THE PAYING AND TRANSFER AGENT WILL HAVE ANYRESPONSIBILITY OR OBLIGATIONS TO SUCH DIRECT OR INDIRECT PARTICIPANTS OR THE5I


273BENEFICIAL ov.MlNtlIqee


274MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDTransportationName and TitleGeorge "Pat" PattersonNeyWiliiamsE.O. OliverJanice AntonowUlysses HowellPreston E. TaylorJason BaileyJohn MorganOccupationMayor - Full TimeRetiredAccountantRetiredAssistant PrincipalRetiredRental ManagerSales ManagerO'M",M,R'O'''6'226. poslnon'llHeld Since20092009199719971993200120122009Access to the <strong>City</strong> is available by several means. State Highways 6, 7, 9W, 30, 314 and 331serve the immediate area. A number <strong>of</strong> County highways provide access to many outlying areas in thCounty.Rail service is provided to the <strong>City</strong> by the Natchez Trace Railroad. Intercity bus service isprovided by Gulf Transport and Continental Trailways. Twelve motor freight carriers, one with a terminalfacility in the <strong>City</strong>, are authorized to serve the <strong>City</strong>. Commuter air transportation is available at universitY-I<strong>Oxford</strong> Airport, located approximately 1.5 miles northwest <strong>of</strong> <strong>Oxford</strong>. The nearest commercial airport i~Memphis International Airport located approximately 75 miles northwest <strong>of</strong> <strong>Oxford</strong>. The nearest port·located in Memphis, Tennessee on the Mississippi River, has a channel depth <strong>of</strong> nine feet.,Educational FacilitiesHigher Education The University <strong>of</strong> Mississippi (the "University"), located within the <strong>City</strong> limits, isthe oldest public institution <strong>of</strong> higher learning in the State. As a comprehensive, Carnegie researCI'extensive institution, the University <strong>of</strong>fers a broad range <strong>of</strong> undergraduate and graduate programs. ThUniversity's main campus in the <strong>City</strong> emphasizes a traditional, residential educational experience, with •central College <strong>of</strong> Liberal Arts and several pr<strong>of</strong>essional schools. There are over approximately 14,00students on the <strong>Oxford</strong> Campus with 581 students from 77 foreign countries, 49 states and all 8Mississippi counties. Approximately 36% <strong>of</strong> the University's students are from out <strong>of</strong> state. TheUniversity's regional campuses emphasize pr<strong>of</strong>essional <strong>of</strong>ferings and primarily serve adult learners. :Northwest Mississippi Community College has an enrollment <strong>of</strong> over 8,000 students on three11campuses with one campus located in Senatobia, Mississippi which is within 20 miles <strong>of</strong> the <strong>City</strong>. It <strong>of</strong>fer1 'the first two years <strong>of</strong> more than 50 courses <strong>of</strong> study for academic transfer to a four-year college a 'university.Public Schools The <strong>Oxford</strong> Municipal Separate School District (the "District") is comprised <strong>of</strong>three elementary schools serving pre-school through grade six, one middle school serving grades sevenand eight, and one high school serving grade nine through grade twelve. The District also operates 9learning center for severely handicapped children, an alternative school and a vocational learning cente,for students and adults. There are approximately 253 certified teachers and 173 additional sta !members.!YearEnrollment Figures2010-112009-102008-092007-082006-073,5983,4523,3603,4093,356IISOURCE Mississippi Department <strong>of</strong> Education, March 2012.7III~ I


275Medical Facilitie~INUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61-0226la OSpl a -North iVllSSISSIPPI IS a 204-bed acute care facility serving the northernthird <strong>of</strong> the State. One <strong>of</strong> the fastest growing hospitals in the region, it has more than 70 medical andsurgical specialists representing 30 specialty areas such as cardiology, medical oncology andneurosurgery. It <strong>of</strong>fers a heart care center, a sleep disorders center, a women's pavilion and is a jointpartner with the <strong>Oxford</strong> Surgery Center, an outpatient facility with four operating suites and two procedurerooms.Communication ServicesIThe <strong>Oxford</strong> Eagle, a daily newspaper in <strong>Oxford</strong>, is available locally at newsstands and bysubscription.The <strong>City</strong> has three local FM radio stations. Nearby television stations representing the four majornetworks are located in Tupelo, Mississippi. The local cable television service provides regional andnational channels.Local and statewide long distance telephone service is provided by AT&T, formerly BellSouth.Discount long distance service is also available to residents <strong>of</strong> the <strong>City</strong>.MuniCipal ServicesThe <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> Electric Department supplies all electricity within the <strong>City</strong> limits. CenterpointEnergy Entex supplies natural gas to the <strong>City</strong>. The <strong>City</strong> owned water system supplies water from nineactive wells, capable <strong>of</strong> producing approximately 8,000 gallons per minute to all <strong>of</strong> the <strong>City</strong>. Four waterstorage tanks give a combined storage capacity <strong>of</strong> 2,100,000 gallons. The <strong>City</strong> supplied utilities areregulated by the Governing Body.The <strong>City</strong>'s full time Municipal Fire Department, which is rated as a Class V system in the State,has three stations. The <strong>City</strong>'s Police Department currently employs 61 full time policemen.Per Capita IncomeThe following represents per capita income annually for the County, and for portions <strong>of</strong> the Stateand the United States <strong>of</strong> America:IYear County Mississippi United States County as % <strong>of</strong> U.S.2009 $ 31,730 $ 30,401 $ 39,<strong>63</strong>5 80%2008 32,181 30,383 40,166 802007 31,350 29,542 39,392 802006 30,275 28,006 37,698 802005 29,041 26,819 35,424 82SOURCE: Bureau <strong>of</strong> Economic Analysis: RegiDnal Economic Accounts at website: www.bea.gov, March 2012.Retail Sales and Sales Tax Collected for the <strong>City</strong>State Fiscal YearEnded June 3020112010200920082007Amount<strong>of</strong> Sales$ 488,601,613465,650,151466,390,523482,502,811441,850,955Sales TaxCollected$ 33,004,26031,533,69531,536,13232,339,61629,920,374SOURCE: Bureau <strong>of</strong> Revenue, State <strong>of</strong> Mississippi, Service Bulletins, March 2012.8I


276Major ~JE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226The following is a p~rtial listing <strong>of</strong> the <strong>City</strong>'s ~aJor ernplo~ers, their products or services a~d ;h~lrapproximate number <strong>of</strong> employees:IEmployer Product or Service EmployeesUniversity <strong>of</strong> MississippiNorth MS Regional CenterBaptist Memorial HospitalOlin Corporation-Winchester DivisionWal-Mart SupercenterCatepillar, Inc.<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>Borg WarnerFNC Inc.S.W.M., Inc.Ability WorksRoseburg Forest Products<strong>Oxford</strong> Wire and Cable Services, Inc.North Mississippi ConveyorEducationInstitutional Care & EducationHealthcareRimfire Ammunition & Power ToolsRetailHose Couplings<strong>City</strong> ServicesManufacture automotive throttle bodiesE-Commerce S<strong>of</strong>twareShirts, UniformsSheltered WorkshopDu ramine laminated boardElectronic Wire HarnessesConveyor Equipment2,5001,1001,00042540035030<strong>63</strong>0010099 i70504135ISOURCE: Chamber <strong>of</strong> Commerce, March 2012.County Unemployment Statistics20082009 201020112012JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberAnnual Average5.5%4.54.94.25.86.67.05.95.15.14.65.3M%6.9% 10.4%6.5 9.36.4 8.56.7 7.88.5 9.09.7 9.710.4 9.88.9 7.880 7.58.5 7.78.2 7.79.0 7.9lL1% M%9.4%8.68.17.57.69.69.58.38.3827.68.28.4%8.7%ISOURCE: Mississippi Employment Security Commission, Research and Statistics Department, March 2012.County Employment StatisticsResidence Based EmploymentCivilian Labor ForceUnemployedEmployedEstablishment Based EmploymentManufacturingNon-ManufacturingAgriculture, Forestry, Fishing & HuntingMiningUtilitiesConstruction2008 200922,0001,18020,8201,62017,660901090<strong>63</strong>021,9201,78020,1401,03017,3009010804702010 201122,180 22,5801,910 1,90020,270 20,680820 53017,350 16,890100 12010 1080 80460 3602012 I23,71b2,07021,64t1,08~17,978p09036f9I'I ,I


277IWholesale TrMINUTE BOOK No~c<strong>63</strong>, CI1DY OF -QXFORO 180Transportation and WarehousingInformationFinance & InsuranceReal Estate, Rental & LeasingPr<strong>of</strong>essional and Business ServicesManagement <strong>of</strong> Companies & EntertainAdmin. Support & Waste ManagementEducational ServicesHealth Care & Social AssistanceArts, Entertainment & RecreationAccommodation & Food ServicesOther Services (Except Public Adm)GovernmentEducation1202204303001,04040650902,140902,5103206,3203,93012020043024095030550902,220902,5303406,4303,9701501704102501,000204901002,320602,5803406,4303,9801501703702101,05020370702,400502,5203106,3903,9101702004502601,13040600902,550702,5403006,5304,130ERIDIAN 61-0226NOTE: Totals may not add due to rounding.SOURCE: Mississippi Employment Security Commission, Annual Averages, March 2012Banking Institutions in the <strong>City</strong>'InstitutionRegions Bank2BancorpSouth Bank 3Renasant Bank 3Community Trust Bank2Merchants and Farmers Ban k 3The First National Bank <strong>of</strong> Clarksdale 3First National Bank <strong>of</strong> <strong>Oxford</strong>Bank <strong>of</strong> Commerce 3Mechanics Bank 3<strong>Oxford</strong> University BankTotal Assets$ 123,368,203,00012,990,345,0004,196,437,0002,472,588,0001,561,320,000320,654,000235,532,000247,116,000198,780,00093,670,000IAs <strong>of</strong> December 31, 20112 Home based out <strong>of</strong> State.3 Home based outside <strong>City</strong> limits.SOURCE: FDIC. March 2012.<strong>City</strong> Building PermitsFiscal YearEndedSeptember 3020112010200920082007NumberIssued185156129331481ResidentialValue <strong>of</strong>Improvements$ 15,087,60314,940,97410,808,27949,575,13442,937,728Number Issued62545610786Non-ResidentialValue <strong>of</strong>Improvements$ 13,583,29614,614,4<strong>63</strong>9,885,05412,814,05123,878,534SOURCE: <strong>Oxford</strong> <strong>City</strong> Clerk, March 2012.10I


278MINUTE BOOKuNOiA~~Foc;r!TTYclNOF OXF?RDDEME"ME",D,,"''''c=='===~D~e=s-c~ri~tion~f <strong>City</strong> Taxes .. . . ~Procedure for Property Assessments The Tax Assessor <strong>of</strong> the County assesses all real anJpersonal property subject to taxation in the County, including property in the <strong>City</strong>, except motor vehicle~and property owned by public service corporations, both <strong>of</strong> which are required by law to be assessed bythe State Department <strong>of</strong> Revenue.'Section 21-33-9, Mississippi Code <strong>of</strong> 1972, as amended, provides that the governing authority 01a municipality which is located within a county having completed a county-wide reappraisal approved bthe State Tax Commission and which has been furnished a true copy <strong>of</strong> that part <strong>of</strong> the countassessment roll containing the property located within a municipality as provided in Section 27-35-167"Mississippi Code <strong>of</strong> 1972, as amended, shall adopt such assessment rolls for its assessment purposes.:The <strong>City</strong> is utilizing the assessment rolls <strong>of</strong> the County, ,JIThe <strong>City</strong> may not correct or revise such assessment rolls except for the purpose <strong>of</strong> conformingthe <strong>City</strong>'s assessment roll to corrections or revisions made to the County's assessment roll. All objectionsto the <strong>City</strong>'s assessment roll may be heard by the Board <strong>of</strong> Supervisors <strong>of</strong> the County at the time and in Ithe manner that objections to the County assessment roll are heard, The Board <strong>of</strong> Supervisors <strong>of</strong> th1 'County shall notify, in writing, the Governing Body and the Tax Assessor <strong>of</strong> the <strong>City</strong> <strong>of</strong> any corrections 0 'revisions made by it to the part <strong>of</strong> the County assessment roll adopted as the <strong>City</strong>'s assessment roll. ,Procedure for Tax Collections. The Governing Body is required each year to levy taxes uponall <strong>of</strong> the taxable property within the <strong>City</strong> to provide sufficient revenue to cover the operating expenses <strong>of</strong>the <strong>City</strong>, If any taxpayer neglects or refuses to pay his taxes on the due date there<strong>of</strong>, the unpaid taxeswill bear interest at the rate <strong>of</strong> one percent per month or fractional part there<strong>of</strong> from the delinquent date tcjthe date <strong>of</strong> payment <strong>of</strong> such taxes, When enforcement <strong>of</strong>ficers take action to collect delinquent taxes,1other fees, penalties and costs may accrue, Both real and personal property are subject to being sold a1public sale for nonpayment <strong>of</strong> taxes,Section 21-33-<strong>63</strong>, MiSSissippi Code <strong>of</strong> 1972, as amended, and related statutes provide that afterthe fifth day <strong>of</strong> August in each year, the Tax Collector for the <strong>City</strong> shall advertise all lands in the <strong>City</strong> onwhich all taxes due and in arrears have not been paid, as well as all land liable for sale, at the door <strong>of</strong> thecourthouse <strong>of</strong> the County or any place within the courthouse that the Tax Collector for the <strong>City</strong> shalldesignate in the advertisement, on the last Monday <strong>of</strong> August.Assessed Valuation For Fiscal Years Ending September 30Class 2007 2008 2009Real Property $ 189,606,841 $ 205,343,847 $ 230,107,533Personal Property (includes 18,272,309 18,172,331 20,269,806mobile homes)Automobiles 2,819,088 20,964,933 20,413,106Public Utilities 17 574 765 2808529 2,713,308TOTAL $ 228 273 003 $ 247 289 640 $ 273 503 753IClass 2010 2011Real Property $ 239,<strong>63</strong>3,952 $ 238,794,582Personal Property (includes 16,575,342 16,137,057mobile homes)Automobiles 20,152,125 19,618,883Public Utilities 2,652,520 2,652,520TOTAL $ 279 013 939 $ 277 203 042SOURCE: <strong>Oxford</strong> <strong>City</strong> Clerk, March 2012.11I


,279real and personal property (excluding single-family, owner-occupied residentialreal property and motor vehicles, respectively), 15% <strong>of</strong> true value;single-family, owner-occupied residential real property, 10% <strong>of</strong> true value; andmotor vehicles and public utility property, 30% <strong>of</strong> true value.DEMENT-MERIDIAN 61-0226IThe 1986 Session <strong>of</strong> the Mississippi Legislature adopted House Concurrent Resolution No. 41pursuant to which there was proposed an amendment to Section 112 <strong>of</strong> the Mississippi Constitution <strong>of</strong>1890 (the "1986 Amendment"). The 1986 Amendment provided, inter alia, that the assessment ratio <strong>of</strong>anyone class <strong>of</strong> property shall not be more than three times the assessment ratio on any other class <strong>of</strong>property.The 1986 Amendment set forth five classes <strong>of</strong> property and the assessment ratios which wouldbe applicable thereto upon the adoption <strong>of</strong> the 1986 Amendment. The assessment ratios set forth in the1986 Amendment are identical to those established by Section 27-35-4, Mississippi Code <strong>of</strong> 1972, asamended, as it existed prior to the 1986 Amendment, except that the assessment ratio for single-family,owner-occupied, residential real property under the 1986 Amendment is set at 10% <strong>of</strong> true value asopposed to 15% <strong>of</strong> true value under previously existing law. The 1986 Amendment was ratified by theelectorate on June 3, 1986.The assessed valuation figures above do not include property exempt from all <strong>City</strong> ad valoremtaxes for a period <strong>of</strong> up to 10 years, primarily for new or expanded manufacturing facilities. This real andpersonal property will become subject to <strong>City</strong> ad valorem taxation at different points in time during thenext ten years. In addition, certain other industrial and manufacturing facilities are exempt from advalorem taxation pursuant to Section 57-3-33, Mississippi Code <strong>of</strong> 1972, as amended.Tax levy Per $1,000 ValuationI(For Fiscal Year 2011)LibraryGeneral Fund2010 Refunding General Obligation2009 General Obligation2007 General Obligation2005 General Obligation2004 General Obligation2002 General ObligationParks and RecreationTOTAL1.02%18.311AO1.101.060.671.080.612.0027.25%SOURCE: <strong>Oxford</strong> <strong>City</strong> Cleffi, March 2012.Ad Valorem Tax CollectionsFiscal Year EndedSeptember 30201020092008200720062005TaxesDue$ 21,612,45021,929,09220,522,72317,766,56014,297,78511,058,021TaxesCollected$ 21,603,33221,925,89420,521,33117,761,81014,218,23911,026,360DifferenceOver (Under)$ (9,118)(3,198)(1,392)(4,750)(79,546)(31,661)SOURCE: <strong>Oxford</strong> <strong>City</strong> Cleffi, March 201212I


2802010 T.MINU;JT~pQQOK No. <strong>63</strong>, CITY OF OXFORD ..DEMENT-MERIDIAN 61-226~~~TaxpayerLinks at <strong>Oxford</strong>Fairfield UM ExchangeWal-MartEDR <strong>Oxford</strong> LLC<strong>Oxford</strong> GalleriaBVP Lafayette Place LLCCampus Walk LLCHeritage DevelopmentsHome DepotTexla <strong>Oxford</strong> LLCAssessed Value$ 3,243,264.003,212,328.002,344,800.001,998,942.001,979,195.001,902,153.001,342,515.001,323,108.001,186,764.001,150,341.00Taxes Paid$ 265,071.96262,543.57191,640.501<strong>63</strong>,373.53161,759.<strong>63</strong>155,462.97109,723.75106,908.1996,994.2294,017.38ISOURCE <strong>Oxford</strong> <strong>City</strong> Clerk, March 2012.DEBT INFORMATION<strong>City</strong> Debt LimitationsStatutory Debt Limits. The <strong>City</strong> is subject to a general statutory debt limitation under which ncity in the State may incur general obligation bonded indebtedness in an amount which will exceed 15'<strong>of</strong> the assessed value <strong>of</strong> all taxable property within such city according to the last completed assessmenfor taxationIn computing general obligation bonded indebtedness for purposes <strong>of</strong> this 15% limitation, thermay be deducted all bonds or other evidences <strong>of</strong> indebtedness, heret<strong>of</strong>ore, or hereafter issued, faschool, water and sewerage systems, gas and light and power purposes and for the construction atspecial improvements primarily chargeable to the property benefited or for the purpose <strong>of</strong> paying a <strong>City</strong>'~proportion <strong>of</strong> any betterment program, a portion <strong>of</strong> which is primarily chargeable to the property benefited IHowever, in no case maya city contract any indebtedness which, when added to all <strong>of</strong> its outstandinggeneral obligation indebtedness, both bonded and floating, exceeds 20% <strong>of</strong> the assessed value <strong>of</strong> ailtaxable property within said city according to the last completed assessment for taxation.IIn arriving at the limitations set forth above, bonds issued for school purposes, bonds payablE!exclusively from the revenues <strong>of</strong> any city owned utility, industrial development revenue bonds issuequnder the provisions <strong>of</strong> Section 57-1-1 through 57-1-51, Mississippi Code <strong>of</strong> 1972, as amended, and anyspecial assessment improvement bonds issued under the provis',ons <strong>of</strong> Section 21-41-1 throug~21-41-53, Mississippi Code <strong>of</strong> 1972, as amended, are not included. Also excluded from both limitation,fare contract obligations which are subject to annual appropriations.ILegal Debt Limit Statement'(as <strong>of</strong> March 1, 2012)Authorized Debt Limit (Last Completed Assessmentfor Taxation - $277,203,042)Present Debt Subject to Debt LimitsMargin for Further Debt Under Debt LimitsLess the BondsMargin for Further Debt After Issuance <strong>of</strong> the Bonds15% Limit$ 41,580,45621 000.000$ 20,580,45620% Limit$ 55,440,60821 000.000$ 34,440,608No bonds subject to the 15% debt limit or the 20% debt limit have been issued by the <strong>City</strong> since March 1, 2012.SOURCE: <strong>Oxford</strong> <strong>City</strong> Clerk, March 2012.13I


281IOutstanding GeMtNtR"aE>rB08KeNo. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226Name <strong>of</strong> IssueGeneral Obligation BondsGeneral Obligation Bonds, 2002General Obligation Bonds, 2004General Obligation Bonds, 2005General Obligation Bonds, 2007General Obligation Note, 2008General Obligation Bonds, 2009General Obligation Refunding Bonds, 2010'TOTALarch 1, 2012)Date <strong>of</strong> Issue03/01/0203/01/0404/0110503/0110712/11/0805/01/0911/17/10OriginalIssue Size1,300,0003,000,0001,500,000g,OOO,OOO675,0003,800,0007,085,000Outstanding$ 160,0001,565,000675,0007,785,000300,0003,430,0007085000$ 21 000000These bonds which were issued on November 17, 2010, refunded the $5,000,000 (original principal amount) MississippiDevelopment Bank Special Obligation Bonds, Series 2001 (<strong>Oxford</strong>, Mississippi Multi-Purpose/Recreation Facilities Project),dated as <strong>of</strong> November 1, 2001, and a portion <strong>of</strong> the outstanding $5,000,000 (original principal amount) <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, MississippiGeneral Obligation Bonds, Series 2001 , dated as <strong>of</strong> January 1, 2001SOURCE: <strong>Oxford</strong> <strong>City</strong> Clerk, March 2012.Annual Debt Service RequirementsFiscal Year EndingSeptember 30PrincipalInterestTotal DebtServiceI2012 1,345,000.002013 1,245,000.002014 1,295,000.002015 1,230,000.002016 1,105,000.002017 1,155,000.002018 1,215,000.002019 1,265,000.002020 1,145,000.002021 1,200,000.002022 845,000.002023 885,000.002024 925,000.002025 610,000.002026 640,000.002027 660,000.00TOTAL $16,765,000.00<strong>63</strong>7,644.39589,497.52542,012.51494,511.88444,596.89397,185.02349,492.52301,734.39255,003.14208,996.89169,500.00136,750.00102,475.0065,825.0040,425.0013,612.50$4,749,262.651,982,644.391,834,497.521,837,012.511,724,511.881,549,596.891,552,185.021,564,492.521,566,734.391,400,003.141,408,996.891,014,500.001,021,750.001,027,475.00675,825.00680,425.00673,612.50$21,514,262.65SOURCE: <strong>Oxford</strong> <strong>City</strong> Clerk, March 2012.Debt RatiosFiscal Year EndedSeptember 302011General Obligation Debt$ 21,000,000General Obligation Debt toAssessed Value7.57%I SOURCE: <strong>Oxford</strong> <strong>City</strong> Clerk, March 2012.14I


1282OtherMtNLR"dibBOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT. MERIDIAN 61-226IssueState Revolving Fund(as <strong>of</strong> March 1, 2012)Date <strong>of</strong> IssueOutstanding$ 10,246,153.801 None <strong>of</strong> the Other Long Term Debt is subject to the 15% or the 20% debt limit.SOURCE <strong>Oxford</strong> <strong>City</strong> Clerk, March 2012.Outstanding Revenue Bonds(as <strong>of</strong> March 1, 2012)Name <strong>of</strong> Issue Date <strong>of</strong> Issue Original Issue OutstandingSizeCombined Water and Sewer, 2003Combined Water and Sewer, 2004Combined Water and Sewer, 2006Combined Water and Sewer, 2007Combined Water and Sewer, 2008Electric System Revenue Refunding Bonds, 2010Combined Water and Sewer, 2011TOTAL12/01/200311/01/200406/01/200606/01/200702/01/200804/15/201005/01/20111,900,0001,800,0003,400,0002,800,0003,450,0003,335,0008,500,0001,320,0001,420,0002,825,000 'I2,430,0003,000,000,2,740,0008,500,000$ 22 235 000IIISOURCE <strong>Oxford</strong> <strong>City</strong> Clerk, March 2012. ~Water and Sewer Revenue Bonds are payable as to principal and interest solely from threvenue derived by the <strong>City</strong> from the operation <strong>of</strong> its water and sewer system. Such bonds and th'interest thereon are limited obligations <strong>of</strong> the <strong>City</strong> and shall never constitute nor give rise to any pecunialiability <strong>of</strong> the <strong>City</strong> or a charge against its general credit or taxing powers.'LITIGATIONThe <strong>City</strong>'s General Counsel, Mayo, Mallette PLLC, <strong>Oxford</strong>, Mississippi, has reviewed the status 0tall pending litigation against the <strong>City</strong>. While the <strong>City</strong> is involved in numerous legal proceedings, there arno pending legal proceedings which might be expected to affect the <strong>City</strong>'s ability to perform its obligationto the registered owners <strong>of</strong> the Bonds.IFINANCIAL ADVISORIThe <strong>City</strong> has retained the firm <strong>of</strong> Government Consultants, Inc. as independent financial adVisoj(the "Financial Advisor") to the <strong>City</strong> in connection with the issuance <strong>of</strong> the Bonds. In such capacity thFinancial Adv',sor has provided recommendations and other financial guidance to the <strong>City</strong> with respect tthe preparation <strong>of</strong> documents, the preparation for the sale <strong>of</strong> the Bonds and the time <strong>of</strong> the sale, bonmarket conditions and other factors related to the sale <strong>of</strong> the Bonds.Although the Financial Advisor performed an active role in the drafting <strong>of</strong> this Official Statement, ilhas not independently verified any <strong>of</strong> the information set forth herein. The information contained in thilOfficial Statement has been obtained primarily from the <strong>City</strong>'s records and from other sources which arbelieved to be reliable, including financiat records <strong>of</strong> the <strong>City</strong> and other entities, which records may bsubject to interpretation. No guarantee is made as to the accuracy or completeness <strong>of</strong> any informatioobtained from sources other than the <strong>City</strong>. Any summaries or excerpts <strong>of</strong> statutes, ordinances,resolutions or other documents do not purport to be complete statements <strong>of</strong> the same and reference iJ'made to such original sources in all respects.I15I


I~283MINUTE BOOK NeT I <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-{)226an ar oor s re I ar e ervlces, a division <strong>of</strong> The McGraw-Hili Companies, Inc.("S&P") has assigned its municipal bond rating <strong>of</strong> "_" to general obligations <strong>of</strong> the <strong>City</strong>. An explanation<strong>of</strong> the significance <strong>of</strong> such rating may be obtained from S&P.Application has been made to S&P for a new rating in connection with the Bonds. The outcome<strong>of</strong> its determination will be provided as soon as possible. No other rating has been applied for by the <strong>City</strong>.IThere is no assurance that present or future ratings will continue for any given period <strong>of</strong> time orthat the rating may not be lowered or withdrawn if in the judgment <strong>of</strong> S&P circumstances so warrant. Anysuch downward change in or withdrawal <strong>of</strong> a rating may have an adverse effect on the secondary marketprice <strong>of</strong> the Bonds. Such rating reflects the views <strong>of</strong> S&P and is not a recommendation to buy, sell orhold the Bonds.]RECORD OF NO DEFAULTThere is no record <strong>of</strong> any default on general obligations <strong>of</strong> the <strong>City</strong> as to payment <strong>of</strong> eitherprincipal or interest or in any other material respect at any time in at least the past 25 years. No principalor interest on any obligation <strong>of</strong> the <strong>City</strong> is currently past due.NO BOND PROCEEDS FOR CURRENT OPERATING EXPENSESNo proceeds from the sale <strong>of</strong> securities (except tax anticipation notes issued against revenues <strong>of</strong>a current fiscal year) have been used by the <strong>City</strong> for current operating expenses at any time in at least thepast ten years.PENSION PLANSSubstantially all <strong>of</strong> the <strong>City</strong>'s full time employees participate in the Public Employee's RetirementSystem <strong>of</strong> Mississippi ("PERS"). Section 21-29-219, Mississippi Code <strong>of</strong> 1972, as amended, providesthat all local municipal pension plans should be administered by PERS; provides that funds and recordsshould be transferred to PERS; removes the three mill maximum for each fund, but limits yearly increasesto one-half mill per year; and allows PERS to invest funds in a more advantageous manner. These stepsand continued funding in the future should ensure an actuarially sound fund for the <strong>City</strong>.REAPPRAISAL OF PROPERTY AND LIMITATIONS ON AD VALOREM LEVIESISenate Bill No. 2672, General Laws <strong>of</strong> Mississippi, Regular Session 1980, codified in part asSections 27-35-49 and 27-35-50, Mississippi Code <strong>of</strong> 1972 (the "Reappraisal Act"), provides that all realand personal property in the State shall be appraised at true value and assessed in proportion to truevalue. To insure that property taxes do not increase dramatically as the counties complete reappraisals,the Reappraisal Act provides for the limit on increase in tax revenues discussed below.The statute limits ad valorem tax levies by a city subsequent to October 1, 1980, to a rate whichwill result in an increase in total receipts <strong>of</strong> not greater than 10% over the previous year's receipts,excluding revenue from ad valorem taxes on any newly constructed properties, any existing propertiesadded to the tax rolls or any properties previously exempt which were not assessed in the next precedingyear. This limitation does not apply to levies for the payment <strong>of</strong> the principal <strong>of</strong> and the interest ongeneral obligation bonds issued by a city or to certain other specified levies. The limitation may beincreased only if the proposed increase is approved by a majority <strong>of</strong> those voting in an election held onsuch question.On August 20, 1980, the Mississippi Supreme Court rendered its decision in State TaxCommission v. Fondren, 387 So. 2d 712, affirming the decree <strong>of</strong> the Chancery Court <strong>of</strong> the First JudicialDistrict <strong>of</strong> Hinds County, Mississippi, wherein the Department <strong>of</strong> Revenue was enjoined from acceptingand approving assessment rolls from any county in the State for the tax year 1983 unless the Department<strong>of</strong> Revenue equalized the assessment rolls <strong>of</strong> all <strong>of</strong> the counties. Due to the intervening passage <strong>of</strong> the16I


284ReapprMlKUT~ BQQ~N


285theERIDIAN61-0226free to securities brokers and others through EMMA. For the procedures for all filings and notices due tothe MSRB, instructions will be provided on the following website for MSRB: http://emma.msrb.org. Thespecific nature <strong>of</strong> the information to be contained in the Annual Report or the notices <strong>of</strong> material events issummarized in APPENDIX D to this Official Statement. These covenants have been made in order toassist the Purchaser in complying with the Rule.IThe <strong>City</strong> is currently in compliance with all <strong>of</strong> its undertakings. There have been Some instancesin the previous five years in which the <strong>City</strong> has failed to comply, in all material respects, with previouswritten undertakings <strong>of</strong> the <strong>City</strong> to provide continuing disclosure. The <strong>City</strong> is required by statute to causean annual audit (the "Annual Audit") to be made by a competent accountant or accountants. Because theAnnual Audit has not always been timely performed, there have been instances in the previous five yearswhen the <strong>City</strong>'s annual reports have not been filed on a timely basis as required by previous undertakings<strong>of</strong> the <strong>City</strong>.TAX EXEMPTIONThe Internal Revenue Code <strong>of</strong> 1986, as amended (the "Code"), includes requirements which the<strong>City</strong> must continue to meet after the issuance <strong>of</strong> the Bonds in order that interest on the Bonds not beincluded in gross income for federal income tax purposes. The <strong>City</strong>'s failure to meet these requirementsmay cause interest on the Bonds to be included in gross income for federal income tax purposesretroactive to their date <strong>of</strong> issuance. The <strong>City</strong> has covenanted in the Resolution to comply with therequirements <strong>of</strong> the Code in order to maintain the exclusion <strong>of</strong> interest on the Bonds from gross incomefor federal income tax purposes.In the opinion <strong>of</strong> Baker, Donelson, Bearman, Caldwell & Berkowitz, PC ("Bond Counsel"),assuming compliance by the <strong>City</strong> with the tax covenants referred to above, under existing statutes,regulations, rulings and court decisions, interest on the Bonds is excluded from gross income for federalincome tax purposes. Interest on the Bonds is not an item <strong>of</strong> tax preference for purposes <strong>of</strong> the federalalternative minimum tax imposed on individuals and corporations; however, interest on the Bonds is takeninto account in determining adjusted current earnings for purposes <strong>of</strong> computing the alternative minimumtax imposed on corporations. Bond Counsel is further <strong>of</strong> the opinion that under and pursuant to the Act,the Bonds and interest thereon are exempt from all income taxes imposed by the State <strong>of</strong> MississippiIExcept as described herein, Bond Counsel will express no opinion regarding the federal incometax consequences resulting from the ownership <strong>of</strong>, receipt or accrual <strong>of</strong> interest on, or disposition <strong>of</strong> theBonds. Prospective owners <strong>of</strong> Bonds should be aware that the ownership <strong>of</strong> bonds may result incollateral federal income tax consequences, including (a) the denial <strong>of</strong> a deduction for interest onindebtedness incurred or continued to purchase or carry Bonds, (b) the reduction <strong>of</strong> the loss reservededuction for property and casualty insurance companies by 15% <strong>of</strong> certain items, including interest Onthe Bonds, (c) the inclusion <strong>of</strong> interest on the Bonds in the effectively connected earnings and pr<strong>of</strong>its (withadjustments) <strong>of</strong> certain foreign corporations dOing business in the United States <strong>of</strong> America for purposes<strong>of</strong> a branch pr<strong>of</strong>its tax, (d) the inclusion <strong>of</strong> interest on the Bonds in the passive income subject to federalincome taxation <strong>of</strong> certain Subchapter S corporations with Subchapter C earnings and pr<strong>of</strong>its at the close<strong>of</strong> the taxable year, and (e) the inclusion in gross income <strong>of</strong> interest on the Bonds by reCipients <strong>of</strong> certainSocial Security and Railroad Retirement benefits.The Bonds are being <strong>of</strong>fered as "qualified tax exempt obligations" within the meaning <strong>of</strong> Section265(b)(3) <strong>of</strong> the Code.Absence <strong>of</strong> LitigationDOCUMENTS ACCOMPANYING DELIVERY OF THE BONDSUpon delivery <strong>of</strong> the Bonds, the <strong>City</strong> shall furnish the certificate <strong>of</strong> the Mayor <strong>of</strong> the <strong>City</strong>, dated thedate <strong>of</strong> delivery <strong>of</strong> the Bonds, to the effect that there is no pending litigation now <strong>of</strong> record in any court nor18I


286is therM~llit1iiE, BOOKvINp~ t<strong>63</strong>\e.CITr't0'U;:PIQ)(f'rOtJ;\Q,-dfrsGUy 81 jlldi:cctly.1, the Bonds;2. the issuance, delivery, and validity <strong>of</strong> said Bonds;3.4.5.the provIsion <strong>of</strong> funds to pay the Interest thereon and principal there<strong>of</strong> when suctpayments shall become due,the proceedings and authority under which provision <strong>of</strong> funds is made, 1the members <strong>of</strong> the Governing Body or their right to their respective <strong>of</strong>fices at the time fthe issuance, execution and delivery <strong>of</strong> said Bonds; ,ILegal Matters6. the tax exempt status <strong>of</strong> the Bonds; or7. the existence or powers <strong>of</strong> the <strong>City</strong> or the Governing Body.In addition to the approving legal opinion relating to the Bonds, the Purchaser will receive theopinion, dated the date <strong>of</strong> delivery <strong>of</strong> the Bonds, <strong>of</strong> Bond Counsel to the effect that, although it is n~tpassing upon and does not aSsume any responsibility for the accuracy, completeness or fairness <strong>of</strong> th.statements in this Official Statement, makes no representation that it has independently verified su ,statements and has necessarily assumed the fairness, accuracy and completeness there<strong>of</strong>, on the bas s<strong>of</strong> its participation in the preparation <strong>of</strong> portions <strong>of</strong> this Official Statement and in connection with therendering <strong>of</strong> its opinion as to the validity <strong>of</strong> the Bonds, nothing has come to its attention that would give :itreason to believe that the Official Statement (except for the financial and statistical data included herei~,as to which no view need be expressed) contains any untrue statement <strong>of</strong> a material fact or omits to statfany material fact that is required to be stated herein or necessary to make the statements containeherein, in light <strong>of</strong> circumstances under which they are made, not misleading. ;CertificatesIThe Purchaser shall also receive a certificate, dated the date <strong>of</strong> the delivery <strong>of</strong> the Bonds, signedby the Mayor <strong>of</strong> the <strong>City</strong> and the Clerk <strong>of</strong> the <strong>City</strong>, certifying that, on the date <strong>of</strong> the execution <strong>of</strong> thecertificate, they are duly chosen, qualified, and acting <strong>of</strong>ficers <strong>of</strong> the <strong>City</strong> occupying the <strong>of</strong>fices indicat~opposite their names. Further, the Mayor <strong>of</strong> the <strong>City</strong> and the Clerk <strong>of</strong> the <strong>City</strong> will certify that they havexecuted the Bonds by causing their signatures to be affixed to each Bond, and they do there'recognize the said facsimile signatures as their true and lawful signatures, and they will further certify th tthe seal impressed upon each <strong>of</strong> said Bonds and on such certificate is the <strong>of</strong>ficial seal <strong>of</strong> the <strong>City</strong>.I'IThe Purchaser shall also receive a certificate, dated the date <strong>of</strong> delivery <strong>of</strong> the Bonds, signed bythe Mayor <strong>of</strong> the <strong>City</strong> and the Clerk <strong>of</strong> the <strong>City</strong> certifying that this Official Statement, with respect to thiflBonds, as <strong>of</strong> the date <strong>of</strong> this Official Statement, does not contain any untrue statement <strong>of</strong> a material fadtor omit to state any material fact necessary to make the statements herein, in light <strong>of</strong> the circumstanciunder which they are made, not misleading. In providing such certificate, the Mayor <strong>of</strong> the <strong>City</strong> and thClerk <strong>of</strong> the <strong>City</strong> will state that they have not undertaken to independently verify information obtained rderived from the various State or federal government publications or other sources as presented herein. 'MISCELLANEOUSAny statements in this Official Statement involving matters <strong>of</strong> opinion or estimates, whether or n~texpressly so stated, are intended as such and not as representations <strong>of</strong> fact. No representation is mad~that any <strong>of</strong> the statements will be realized.I19I


287documents for full and complete statements <strong>of</strong> all matters <strong>of</strong> fact relating to the Bonds, the security for thepayment <strong>of</strong> the Bonds and the rights and obligations <strong>of</strong> the registered owners there<strong>of</strong>.The information contained in this Official Statement has been taken from sources consideredreliable, but is not guaranteed. To the best <strong>of</strong> the <strong>City</strong>'s knowledge, information in this Official Statementdoes not include any untrue statement <strong>of</strong> material fact nor does the information omit the statement <strong>of</strong> anymaterial fact required to be stated therein or necessary to make the statements therein, in the light <strong>of</strong> thecircumstances under which they were made, not misleading.IReferences herein to the Act and the Resolution are only summaries, excerpts or brief outlines <strong>of</strong>certain provisions there<strong>of</strong> and do not purport to summarize or describe all provisions there<strong>of</strong>. Additionalinformation may be obtained upon request from the <strong>of</strong>fice <strong>of</strong> the Clerk <strong>of</strong> the <strong>City</strong>, <strong>City</strong> Hall, 107Courthouse Square, <strong>Oxford</strong>, Mississippi 39655, attention: Lisa Carwyle; telephone: (662) 232-2312 andGovernment Consultants, Inc., 1830 Crane Ridge Drive, Jackson, Mississippi 39216, telephone:(601) 982-0005.The execution <strong>of</strong> this Official Statement has been duly authorized by the Mayor and the Board <strong>of</strong>Aldermen <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi.11240682902914.12CITY OF OXFORD, MISSISSIPPIBy~ __ -=~~~ __ ~~ ______________ _George "Pat" Patterson, Mayor<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, MississippiI20I


288~~~~rMINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61·226IAPPENDIX ANOTICE OF BOND SALEII


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290MINUTE BOOK N~)T<strong>63</strong>()~bl~sQf OXFORD$5,500,000CITY OF OXFORD, MISSISSIPPIGENERAL OBLIGATION BONDS(CAPITAL IMPROVEMENTS ISSUE),SERIES 2012DEMENT-MERIDIAN 61-226NOTICE IS HEREBY GIVEN that the Mayor and Board <strong>of</strong> Aldermen (the "Governing Body") dfthe <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi (the "Glty") will receive sealed bids in the Office <strong>of</strong> the <strong>City</strong> Clerk in the <strong>City</strong>Hall <strong>of</strong> the <strong>City</strong> located at 107 Courthouse Square in the <strong>City</strong> until the hour <strong>of</strong> 400 pm on September__,2012, at which time said bids will be publicly opened by the <strong>City</strong> Clerk and read for the purchase atnot less than par plus accrued interest to the date <strong>of</strong> delivery <strong>of</strong> $5,500,000 aggregate principal amoun<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi General Obligation Bonds (Capital Improvements Issue), Series 2012 (th"Bonds")IIThe Bonds will be dated and bear interest from September 1, 2012, will be delivered in definitiv iform as fully registered Bonds, will be in the denominations <strong>of</strong> $5,000 or any integral multiple there<strong>of</strong>, Wi~'be payable as to principal at a bank or banks to be named by the <strong>City</strong> (the "Paying and Transfer Agent'and will bear interest, payable semiannually on March 1 and September 1 <strong>of</strong> each year, commencing aSeptember 1, 2013, at the rate or rates <strong>of</strong> interest specified in the bid submitted by the successful bidder'In accordance with this Notice <strong>of</strong> Bond Sale,The Bonds will be issued in registered, book-entry-only form and all bidders for the Bonds muslbe participants <strong>of</strong> The Depository Trust Company, New York, New York ("DTC"), or affiliated with it*participants. The Bond certificates will be deposited with DTC. DTC will be responsible for maintaining ~book-entry system for recording the interests <strong>of</strong> its participants and for the transfer <strong>of</strong> the interests amon~its participants. The participants will be responsible for maintaining records regarding the benefiCi~ownership interests in the Bonds on behalf <strong>of</strong> the individual purchasers. Individual purchases may bmade in the principal amount <strong>of</strong> $5,000 or any multiple there<strong>of</strong> through book entries made on the bookand records <strong>of</strong> DTC and its participants, Unless the book-entry-only system is discontinued, Bonprincipal and interest payments will be made by the <strong>City</strong> to DTC through the Paying and Transfer Agen,DTC will then be responsible for distributing such payments to DTC participants for subsequentremittance to the owners <strong>of</strong> beneficial interests in the Bonds, Payment <strong>of</strong> prinCipal and interest on theBonds to DTC is the responsibility <strong>of</strong> the <strong>City</strong>, disbursement <strong>of</strong> such payments to DTC participants shallbe the responsibility <strong>of</strong> DTC, and disbursements <strong>of</strong> such payments to the owners <strong>of</strong> beneficial interestsshall be the responsibility <strong>of</strong> DTC participants and not the responsibility <strong>of</strong> the <strong>City</strong>. The <strong>City</strong> will have n~responsibility or obligation to DTC partiCipants or owners <strong>of</strong> beneficial interests in the Bonds, with res peeto the payment by DTC or any DTC partiCipants, <strong>of</strong> the principal <strong>of</strong> or interest on the Bonds or thproviding <strong>of</strong> notice to DTC participants or owners <strong>of</strong> beneficial interests in the Bonds or with respect to(a) the accuracy <strong>of</strong> any records maintained by DTC or any DTC partiCipant; or (b) any consent given orother action taken by DTC as owner <strong>of</strong> the Bonds. '11IThe Bonds will mature on September 1 in the years and in the principal amounts shown below:'PrincipalPrincipalYear Amount Year Amount2013 $305,000 2021 $375,0002014 315,000 2022 385,0002015 320,000 2023 395,0002016 330,000 2024 400,0002017 340,000 2025 410,0002018 345,000 2026 425,0002019 355,000 2027 435,0002020 365,000A-1I


.,I~291date, or in part on any interest payment date, as selected by the <strong>City</strong> among maturities, and by lot withineach maturity, at the principal amount there<strong>of</strong>, together with accrued interest to the date fixed forredemption and without premium.IThe Bonds will be issued pursuant to the provisions <strong>of</strong> Sections 21-33-301 et seq., MississippiCode <strong>of</strong> 1972, as amended (the "Act") and resolutions adopted or to be adopted by the Governing Body.The Bonds are being issued to raise money for the purpose <strong>of</strong> (a) erecting municipal bUildings andathletic stadiums, preparing and equipping athletic fields, and purchasing bUildings or land therefor, andfor repairing, improving, adorning and equipping the same; (b) constructing, improving or paving streets,sidewalks, driveways, parkways, walkways or public parking facilities, and purchasing land therefor; (c)purchasing land for parks and public playgrounds, and improving, equipping and adorning the same,including the constructing, repairing and equipping <strong>of</strong> recreational facilities; (d) purchasing fire-fightingequipment and apparatus, and providing housing for same and purchasing land therefor; and (e) payingthe costs incident to the sale and issuance <strong>of</strong> the Bonds.The Bonds shall be general obligations <strong>of</strong> the <strong>City</strong> and the full faith, credit and taxing power <strong>of</strong> the<strong>City</strong> shall be pledged to secure the payment <strong>of</strong> the principal <strong>of</strong> and interest on the Bonds.The Bonds are to be sold at not less than S5,500,000 aggregate par plus interest on the Bondsaccrued to the date <strong>of</strong> delivery, and are to be awarded to the bidder complying with the terms here<strong>of</strong> and<strong>of</strong>fering to purchase all <strong>of</strong> the Bonds at the lowest net interest cost to the <strong>City</strong>. The net interest cost will bedetermined by computing the aggregate interest on the Bonds over the life <strong>of</strong> the issue at the rate or rates<strong>of</strong> interest specified by the bidder, less premium <strong>of</strong>fered, if any. It is requested that each bid beaccompanied by a statement <strong>of</strong> the net interest cost (computed to six decimal places), but such statementwill not be considered a part <strong>of</strong> the bid. No Bond shall bear more than one (1) rate <strong>of</strong> interest; each Bondshall bear interest from its date to its stated maturity date at the interest rate specified in the bid; all Bonds<strong>of</strong> the same maturity shall bear the same rate <strong>of</strong> interest from their date to maturity; the lowest rate <strong>of</strong>interest specified for any <strong>of</strong> the Bonds shall not be less than seventy percent (70%) <strong>of</strong> the highest rate <strong>of</strong>interest specified for any <strong>of</strong> the Bonds; and the highest rate <strong>of</strong> interest specified for any <strong>of</strong> the Bonds shallnot exceed eleven percent (11 %) per annum. Each interest rate specified in any bid must be a multiple <strong>of</strong>one-eighth <strong>of</strong> one percent (1/8 <strong>of</strong> 1%) or a multiple <strong>of</strong> one-tenth <strong>of</strong> one percent (1/10 <strong>of</strong> 1%) and a zerorate <strong>of</strong> interest cannot be named.IBidders must acknowledge in their respective bids that they have received and reviewed the<strong>City</strong>'s preliminary <strong>of</strong>ficial statement in connection with the issuance <strong>of</strong> the Bonds (the "Preliminary OfficialStatement"). The <strong>City</strong> deems the Preliminary Official Statement to be "final" as described in SEC Rule15c2-12(b)(1) for the purposes <strong>of</strong> such Rule. Upon award <strong>of</strong> the Bonds to the successful bidder, the <strong>City</strong>will prepare a final <strong>of</strong>ficial statement in connection with the Bonds (the "Official Statement") insubstantially the form <strong>of</strong> the Preliminary Official Statement, subject to minor amendments andsupplementations. A reasonably sufficient number <strong>of</strong> Official Statements will be made available to thesuccessful bidder at the expense <strong>of</strong> the <strong>City</strong> within seven (7) business days <strong>of</strong> the award <strong>of</strong> the Bonds tosuch bidder. Copies <strong>of</strong> the Preliminary Official Statement may be obtained from Lisa Carwyle, <strong>City</strong> Clerk,<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, 107 Courthouse Square, <strong>Oxford</strong>, Mississippi 38655, telephone: (662) 232-2312 or the<strong>City</strong>'s financial advisor, Government Consultants, Inc., 1830 Crane Ridge Drive, Jackson, Mississippi39216, telephone: (601) 982 0005, attention: Mr. Demery Grubbs.In order to assist bidders in complying with SEC Rule 15c2-12(b)(5), the <strong>City</strong>, pursuant to aresolution <strong>of</strong> the Governing Body and a continuing disclosure certificate, will agree to provide annualreports and notices <strong>of</strong> certain events. A summary <strong>of</strong> the <strong>City</strong>'s procedures with regard to continuingdisclosure is set forth in the Preliminary Official Statement and will also be set forth in the OfficialStatement.All bids must be enclosed in a sealed envelope and should be addressed to the Governing Body,at their <strong>of</strong>fices located at <strong>City</strong> Hall, 107 Courthouse Square, <strong>Oxford</strong>, Mississippi 38655 attention: LisaCarwyle, <strong>City</strong> Clerk, <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> and worded on the outside, in substance, "Bid for <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>,A-2I


292MiSSiSsNUNMI~,~sN,Qeri~~81~~1;YBQfM~fQ~ITIQNM.~[)'oAIIIJc CONDITtoN 'PRECEDE'" i i 0 I HE CONSiDERA I iON O-F ri S--- BiO, EACW-BIDO-ER MUS~ENCLOSE WITH IT, AS A GOOD FAITH DEPOSIT, A CERTIFIED OR CASHIER'S CHECK DRAWUPON A BANK LOCATED WITHIN THE STATE OF MISSISSIPPI PAYABLE TO THE ORDER OF TH •CITY OF OXFORD, MISSISSIPPI FOR ONE HUNDRED TEN THOUSAND AND NO/100THS DOLLARS($110,000.00). No interest will be allowed on any good faith deposit. Bids will be accepted or rejected bythe Governing Body on the date above shown for the sale <strong>of</strong> the Bonds. When a bid is rejected by thGoverning Body, the good faith deposit accompanying said bid will be returned to the bidder. When a biis accepted by the Governing Body, the good faith deposit accompanying said bid will be applied as papayment for the Bonds or, if the successful bidder fails to comply with this agreement to purchase thBonds, will be retained as liquidated damages. Pending the application <strong>of</strong> the good faith deposit <strong>of</strong> thsuccessful bidder as aforesaid, such deposit may be invested in direct obligations <strong>of</strong>, or obligation'guaranteed by the United States <strong>of</strong> America or in repurchase agreements with banks fully secured bsuch obligations, and the <strong>City</strong> shall be entitled to any income from any such investment.IIn the opinion <strong>of</strong> Baker, Donelson, Bearman, Caldwell & Berkowitz, PC ("Bond Counsel"),assuming compliance by the <strong>City</strong> with certain tax covenants, under existing statutes, regulations, rulingand court decisions, interest on the Bonds is excluded from gross income for federal income tapurposes. Furthermore, interest on the Bonds is not an item <strong>of</strong> tax preference for purposes <strong>of</strong> the federaalternative m',nimum tax imposed on individuals and corporations; however, interest on the Bonds is take,into account in determining adjusted current earnings for purposes <strong>of</strong> computing the alternative minimutax imposed on corporations. Bond Counsel will express no other opinion regarding other federal taconsequences resulting from the ownership, receipt or accrual <strong>of</strong> interest on or disposition <strong>of</strong> the BondsIn addition, Bond Counsel is further <strong>of</strong> the opinion that under and pursuant to the Act, the Bonds aninterest thereon are exempt from all income taxes imposed by the State <strong>of</strong> Miss·,ssippi.The Governing Body on behalf <strong>of</strong> the <strong>City</strong> has designated the Bonds as "qualified tax exemp,obligations" for purposes <strong>of</strong> Section 265(b)(3) <strong>of</strong> the Internal Revenue Code <strong>of</strong> 1986, as amended.IThe final approving opinion <strong>of</strong> Bond Counsel, relating to the validity and tax exemption <strong>of</strong> th~Bonds, together with a non-litigation certificate <strong>of</strong> the <strong>City</strong> dated the date <strong>of</strong> delivery <strong>of</strong> the Bonds, and ~transcript <strong>of</strong> the proceedings relating to the Bonds will be delivered to the successful bidder withoutcharge. A copy <strong>of</strong> said approving opinion will be printed on the back <strong>of</strong> each Bond at the option <strong>of</strong> th~successful bidder.IIt is anticipated that CUSIP identification numbers will be secured by the <strong>City</strong> and printed on theBonds, but neither the failure to secure or print such numbers on any Bond nor any error with respecthereto shall constitute cause for failure or refusal by the successful bidder to accept delivery <strong>of</strong> and pafor the Bonds in accordance with its agreement to purchase the Bonds. All expenses in relation to thprinting <strong>of</strong> CUSIP numbers on the Bonds shall be paid for by the <strong>City</strong>; provided, however, that the CUSIService Bureau charge for the assignment <strong>of</strong> said numbers shall be paid for by the successful bidder.The successful bidder will be given at least seven (7) business days advanced notice <strong>of</strong> thproposed date <strong>of</strong> delivery <strong>of</strong> the Bonds when that date has been tentatively determined. It is expectethat the Bonds will be delivered in New York, New York and payment therefor shall be made in federal 0other immediately available funds.IThe successful bidder is required to submit to the <strong>City</strong> not less than seventy-two (72) hours priorto closing a certification to the effect that (a) all <strong>of</strong> the Bonds have been the subject <strong>of</strong> a bona fide initial<strong>of</strong>fering to the public (excluding bond houses, brokers or similar persons or organizations acting in th~A-3I~ I


,Icapacity <strong>of</strong> undeUWI:>11'IJiIeA00:KicNli¥eOfWr0Xf0R9the Official293Statement b to1ifl1e!>esr'o' tnelrKr .. RIDIAN61-0226to use which they believe to be correct, at least ten percent (10%) <strong>of</strong> each maturity <strong>of</strong> the Bonds,aggregating at least $550,000 principal amount <strong>of</strong> the Bonds, were sold to the public (excluding bondhouses, brokers or similar persons or organizations acting in the capacity <strong>of</strong> underwriters or wholesalers)at initial <strong>of</strong>fering prices not greater than the respective prices shown on the cover <strong>of</strong> the OfficialStatement, and (c) at the time they agreed to purchase the Bonds, based upon their assessment <strong>of</strong> thethen prevailing market conditions, they had no reason to believe any <strong>of</strong> the Bonds would be initially soldto the public (excluding bond houses, brokers or similar persons acting in the capacity <strong>of</strong> underwriters orwholesalers) at prices greater than the prices shown on the cover <strong>of</strong> the Official Statement, includinginterest accrued on the Bonds. However, if the successful bidder <strong>of</strong>fers Bonds <strong>of</strong> the same maturity atone price to the general public and at a discount from that price to institutions or other investors, thesuccessful bidder is required to, in addition, provide the <strong>City</strong> with the sale price <strong>of</strong> each <strong>of</strong> the Bonds onthe basis <strong>of</strong> actual facts and its reasonable expectations as <strong>of</strong> the closing date.The successful bidder shall have the right, at its option, to cancel its agreement to purchase theBonds if the Bonds to be delivered by the <strong>City</strong> in accordance with the preceding paragraph are nottendered for delivery within sixty (60) days from the date <strong>of</strong> sale there<strong>of</strong>, and in such event the <strong>City</strong> shallreturn to said bidder its good faith deposit without interest. The <strong>City</strong> shall have the right, at its option, tocancel its agreement to sell the Bonds if within five (5) days after the tender <strong>of</strong> the Bonds for delivery thesuccessful bidder shall not have accepted delivery <strong>of</strong> and paid for the Bonds, and in such event the <strong>City</strong>shall retain the successful bidder's good faith deposit as liquidated damages.Further information may be obtained from Lisa Carwyle, <strong>City</strong> Clerk, <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, 107Courthouse Square, <strong>Oxford</strong>, Mississippi 38655, telephone: (662) 232-2312 and the <strong>City</strong>'s financialadvisor, Government Consultants, Inc., 1830 Crane Ridge Drive, Jackson, Mississippi 39216, telephone:(601) 982 0005, attention Mr. Demery Grubbs.DATED: August 21,2012CITY OF OXFORD, MISSISSIPPIBy IslLisa Carwyle<strong>City</strong> ClerkIA-4I


294MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226IAPPENDIX BFISCAL YEAR 20_ AUDITED FINANCIAL STATEMENT,FISCAL YEAR 20_ BUDGET AND FISCAL YEAR 20_ BUDGETII~,


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.... 1296;o~~~~~~MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226IIAPPENDIX CFORM OF BOND COUNSEL OPINIONII'II


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298DEMENT· MERIDIAN 61-226Mayor and Board <strong>of</strong> Aldermen<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi<strong>Oxford</strong>, MississippiLadies and Gentlemen'We have examined the Constitution and statutes <strong>of</strong> the State <strong>of</strong> Mississippi (the "State"), includin~particularly Sections 21-33-301 et seq., Mississippi Code <strong>of</strong> 1972, as amended (the "Act"), and certifiedcaples <strong>of</strong> the proceedings had by the Mayor and Board <strong>of</strong> Aldermen (the "Governing Body") <strong>of</strong> the <strong>City</strong> 01<strong>Oxford</strong>, MIssIssIPPI (the "<strong>City</strong>"), including the adoption <strong>of</strong> resolutions by the Governing Body on July 172012, August 21,2012, September _,2012 (collectively, the "Resolution"), and other pro<strong>of</strong>s submittedrelative to the sale and Issuance <strong>of</strong>I'I$5,500,000CITY OF OXFORD, MISSISSIPPIGENERAL OBLIGATION BONDS(CAPITAL IMPROVEMENTS ISSUE), SERIES 2012 ,II,dated as <strong>of</strong> September 1, 2012 and maturing in such amounts and at such times, bearing interest an~subject to redemption, all as set forth in the Resolution (the "Bonds"). The Bonds are being issued t~raise money for the purpose <strong>of</strong> (a) erecting municipal buildings and athletic stadiums, preparing andequipping athletic fields, and purchasing buildings or land therefor, and for repairing, improving, adorningand equipping the same; (b) constructing, improving or paving streets, sidewalks, driveways, parkway],walkways or public parking facilities, and purchasing land therefor; (c) purchasing land for parks anpublic playgrounds, and improving, equipping and adorning the same, including the constructing;repairing and equipping <strong>of</strong> recreational facilities; (d) purchasing fire-fighting equipment and apparatuslland providing housing for same and purchasing land therefor; and (e) paying the costs incident to thrsale and issuance <strong>of</strong> the Bonds, all in accordance with the Act. ,As to questions <strong>of</strong> fact material to our opinion, we have relied upon such certified proceedings and othercertifications <strong>of</strong> <strong>of</strong>ficials <strong>of</strong> the <strong>City</strong> furniShed to us without undertaking to verify the same by independentinvestigation. We have also examined one <strong>of</strong> the Bonds as executed and authenticated. We assume tha.lall other Bonds have been similarly executed and authenticated.IBased on the foregoing, we are <strong>of</strong> the opinion that:1.2.Such proceedings and pro<strong>of</strong>s show lawful authority for the sale and issuance <strong>of</strong> the Bonds by th~<strong>City</strong> pursuant to the Constitution and laws <strong>of</strong> the State, including the Act, and the provisions <strong>of</strong> thResolution.'The Bonds have been duly authorized, executed and delivered under the provisions <strong>of</strong> th~Resolution.'I'I3.4.The Bonds are legal, valid and binding general obligations <strong>of</strong> the <strong>City</strong> and, under the provisions o~the Act, for the payment there<strong>of</strong>, the full faith, credit and taxing power <strong>of</strong> the <strong>City</strong> are irrevocablpledged.•Under existing statutes, regulations, rulings and court decisions, subject to the assumption stateJbelow, interest on the Bonds is excluded from gross income for federal income tax purposes.C-1I


I5.6.FurthermMI NtJl'E299Ks No.n 68 00f


300~rMINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61 ·226IAPPENDIX DCONTINUING DISCLOSURE AGREEMENTII


301MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226ITHIS PAGE INTENTIONALLY LEFT BLANKII


302MINUTE BOQKT~fWclCjJ~ ~~fORDDEMENT-MERIDIAN 61-226This Continuing Disclosure Agreement (this "Disclosure Agreement") is executed and delivereqby the Mayor and Board <strong>of</strong> Aldermen (the "Governing Body") <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, acting for. and on behalf <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi (the "<strong>City</strong>"), in connection with the execution and delive~<strong>of</strong> $5,500,000 <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi General Obligation Bonds (Capital Improvements Issue), Serie ,2012 (the "Bonds"). The Bonds are being executed and delivered pursuant to resolutions adopted by th .Governing Body on July 17, 2012, August 21, 2012 and September _, 2012 (collectively, the"Resolution"). The <strong>City</strong> covenants and agrees as follows:'SECTION 1. Purpose <strong>of</strong> this Disclosure Agreement. This Disclosure Agreement is beinjexecuted and delivered by the <strong>City</strong> for the benefit <strong>of</strong> the Registered Owners (defined below) and thBeneficial Owners (defined below) <strong>of</strong> the Bonds in order to assist the Participating Underwriter (definebelow) in complying with the Rule (defined below).IIISECTION 2. Definitions. In addition to the definitions set forth in the Indenture, which apply tfany capitalized term used in this Disclosure Agreement unless otherwise defined herein, the followingcapitalized terms shall have the following meanings:"Annual Report" shall mean any Annual Report provided by the <strong>City</strong> pursuant to, and a*described in, Sections 3 and 4 <strong>of</strong> this Disclosure AgreementII"Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to vot~or consent with respect to, or to dispose <strong>of</strong> ownership <strong>of</strong>, any Bond (including persons holding Bondsthrough nominees, depositories or other intermediaries), or (b) is treated as the owner <strong>of</strong> any Bond forfederal income tax purposes."Dissemination Agent" shall mean the <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi or h)designee, or such other person as the Governing Body shall designate in writing from time to time.II"EMMA" shall mean the Electronic Municipal Market Access System found ~thltp://emma.msrb.org which is the electronic format prescribed by the MSRB pursuant to the Rule."Fiscal Year" shall mean a period beginning on October 1 in any year and ending on September30 <strong>of</strong> the following year or such other twelve-month period as may be adopted by the <strong>City</strong> in accordancewith law.I"listed Events" shall mean any <strong>of</strong> the events listed in Section 5 <strong>of</strong> this Disclosure Agreement fill I"MSRB" shall mean the Municipal Securities Rulemaking Board. The electronic filings with thMSRB shall be through EMMA"Participating Underwriter" shall mean the original purchaser <strong>of</strong> the Bonds required to complywith the Rule in connection with the <strong>of</strong>fering <strong>of</strong> the Bonds.I"Registered Owner" shall mean the person or persons in whose name any Bond is registered o~the registration records <strong>of</strong> the <strong>City</strong>. ."Repository" shall mean the MSRB and each State Repository, if any.I"Rule" shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commissio~under the Securities Exchange Act <strong>of</strong> 1934, as the same may be amended from time to time.'II"State" shall mean the State <strong>of</strong> Mississippi.'0-1I


I ........303"State RMINlJl'&1 BQQK>tNer <strong>63</strong> eGl;f¥ryQ~tOX~Q the State. . . DEMENT.-MEAIDIAN61-0226no State Repository.SECTION 3. Provision <strong>of</strong> Annual Reports.I(a) The <strong>City</strong> shall, or shall cause the Dissemination Agent to, not later than six (6) monthsafter the end <strong>of</strong> each fiscal year beginning in or after the <strong>City</strong>'s fiscal year ending September 30, 2012,provide to each Repository an Annual Report which is consistent with the requirements <strong>of</strong> Section 4 <strong>of</strong>this Disclosure Agreement. Not later than fifteen (15) business days prior to said date, the <strong>City</strong> shallprovide the Annual Report to the Dissemination Agent. The Annual Report may be submitted as a singledocument or as separate documents comprising a package, and may cross-reference other informationas provided in Section 4 <strong>of</strong> this Disclosure Agreement; provided that the audited financial statements <strong>of</strong>the <strong>City</strong> may be submitted separately from the balance <strong>of</strong> the Annual Report. If the audited financialstatements <strong>of</strong> the <strong>City</strong> are unavailable on the date provided herein in any given year, the <strong>City</strong> agrees toprovide unaudited financial statements and will provide audited financial statements if and whenavailable.(b) If the <strong>City</strong> is unable to provide to the Repositories an Annual Report by the date requiredin subsection (a) above, the <strong>City</strong> shall send a notice to each Repository.SECTION 4. Content <strong>of</strong> Annual Reports. The <strong>City</strong>'s Annual Report shall contain or incorporateby reference the following:(a) audited financial statements, if available, and, if unavailable, unaudited financialstatements and audited financial statements when they become available; and(b) operating data and financial information substantially similar to that contained in theOfficial Statement relating to the Bonds.Any or all <strong>of</strong> the items listed above may be incorporated by reference from other documents,including <strong>of</strong>ficial statements <strong>of</strong> debt issues with respect to which the <strong>City</strong> is an "obligated person" (asdefined by the Rule), which have been filed with each <strong>of</strong> the Repositories or the Securities and ExchangeCommission. If the document incorporated by reference is a final <strong>of</strong>ficial statement, it must be availablefrom the MSRB. The <strong>City</strong> shall clearly identify each such other document so incorporated by reference.SECTION 5. Listed Events.I(a) In addition to the provisions <strong>of</strong> Sections 3 and 4 above, the <strong>City</strong> shall give or cause to begiven notice <strong>of</strong> the occurrence <strong>of</strong> any <strong>of</strong> the following Listed Events with respect to the Bonds, in a timelymanner not in excess <strong>of</strong> ten (10) business days after the occurrence there<strong>of</strong>, if material. All fifteen (15)events mandated by the Rule are listed below; however, some may not apply to the Bonds.(i)(ii)(iii)(iv)(v)(vi)(vii)(viii)principal and interest payment delinquencies',non-payment related defaults;unscheduled draws on debt service reserves reflecting financial difficulties;unscheduled draws on credit enhancements reflecting financial difficulties;substitution <strong>of</strong> credit or liquidity providers or their failure to perform;adverse tax opinions, the issuance by the Internal Revenue Service <strong>of</strong> proposedor final determinations <strong>of</strong> taxability, Notices <strong>of</strong> Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status <strong>of</strong>the security, or other material events affecting the tax status <strong>of</strong> the security;modifications to rights <strong>of</strong> holders <strong>of</strong> the Bonds;Bond calls;D-2I


304MINlJxTE BOOKr/'Jo. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61·226(x) Defeasances;(xi) Release, substitution or sale <strong>of</strong> property securing repayment <strong>of</strong> the Bonds;(xii) Rating changes;(xiii)Bankruptcy, insolvency, receivership or similar event <strong>of</strong> the <strong>City</strong>;(b)(xiv)Consummation <strong>of</strong> a merger, consolidation, or acquisition involving the <strong>City</strong> or thesale <strong>of</strong> all or substantially all <strong>of</strong> the assets <strong>of</strong> the <strong>City</strong>, other than in the ordinarycourse <strong>of</strong> business, the entry into a definitive agreement to undertake such a~action or the termination <strong>of</strong> a definitive agreement relating to any such actionsother than pursuant to its terms; andI(xv) The appointment <strong>of</strong> a successor or additional trustee or the change <strong>of</strong> name <strong>of</strong> a.~~. IAny Listed Event under subsection (a)(i), (iii), (iv), (v), (vi), (ix), (x), (xii), or (xiii) <strong>of</strong> thiS!1ISection will always be deemed to be material.,SECTION 6. Termination <strong>of</strong> Reporting Obligation. The <strong>City</strong>'s obligations under this DisclosurJAgreement shall terminate upon the legal defeasance, prior redemption or payment in full <strong>of</strong> the Bonds.SECTION 7. Dissemination Agent. The <strong>City</strong> may, from time to time, appoint or engage ,1Dissemination Agent to assist it in carrying out its obligations under this Disclosure Agreement, and ma ,discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent .SECTION 8. Amendment; Waiver. Notwithstanding any other provision <strong>of</strong> this DisclosureAgreement, the <strong>City</strong> may amend this Disclosure Agreement, and any provision <strong>of</strong> this DisclosureAgreement may be waived, if such amendment or waiver is supported by an opinion <strong>of</strong> counsel expert i1federal secur'ities laws, to the effect that such amendment or waiver would not, in and <strong>of</strong> itself, cause thundertakings herein to violate the Rule if such amendment or waiver had been effective on the dathere<strong>of</strong> but taking into account any subsequent change in or <strong>of</strong>ficial interpretation <strong>of</strong> the Rule. ,SECTION 9. Additional Information. Nothing in this Disclosure Agreement shall be deemed toprevent the <strong>City</strong> from disseminating any other information, using the means <strong>of</strong> dissemination set forth inthis Disclosure Agreement or any other means <strong>of</strong> communication, or including any other information in!any financial information or operating data provided or notice <strong>of</strong> occurrence <strong>of</strong> a Listed Event, in additionto that which is required by this Disclosure Agreement If the <strong>City</strong> chooses to include any information i1any financial information or operating data provided or notice <strong>of</strong> occurrence <strong>of</strong> a Listed Event in additioto that which is specifically required by this Disclosure Agreement, the <strong>City</strong> shall have no obligation unde Ithis Disclosure Agreement to update such information Or include it in any future financial information 0operating data provided or notice <strong>of</strong> occurrence <strong>of</strong> a Listed Event ,ISECTION 10. Default. In the event <strong>of</strong> a failure <strong>of</strong> the <strong>City</strong> to comply with any provision <strong>of</strong> thisDisclosure Agreement any owner <strong>of</strong> a Bond may take such actions as may be necessary and appropriate'lincluding seeking mandate or specific performance by court order, to cause the <strong>City</strong> to comply with itJ,obligations under this Disclosure Agreement A default under this Disclosure Agreement shall not b~deemed an Event <strong>of</strong> Default under the Resolution, and the sole remedy under this Disclosure Agreementin the event <strong>of</strong> any failure <strong>of</strong> the <strong>City</strong> to comply with this Disclosure Agreement shall be an action tocompel performance.'\SECTION 11. Duties, Immunities and Liabilities <strong>of</strong> Dissemination Agent. The Disseminatio~1Agent shall have only such duties as are specifically set forth in this Disclosure Agreement, and the <strong>City</strong>agrees to indemnify and save the Dissemination Agent, its <strong>of</strong>ficers, directors, employees and agents',harmless against any loss, expense and liabilities which it may incur arising out <strong>of</strong> or In the exercise o~performance <strong>of</strong> ItS powers and duties hereunder, Including the costs and expenses (including attorneY;,10-3 1I


305resignation or removal <strong>of</strong> the Dissemination Agent and payment <strong>of</strong> the Bonds.SECTION 12. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit <strong>of</strong> the<strong>City</strong>, the Dissemination Agent, the Participating Underwriters, owners from time to time <strong>of</strong> the Bonds andbeneficial owners <strong>of</strong> the Bonds and shall create no rights in any other person or entity.Date: ____ , 2012CITY OF OXFORD, MISSISSIPPIIBy~ ______________________ ___MayorI0-4I


306 3rr====--- - -=-c---!I --.MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61·226RESOLUTION:It was moved by Alderman Oliver, seconded byAlderman Howell to adopt the following resolutiondeclaring issuance <strong>of</strong> a $500,000.00 GeneralObligation Note. All the aldermen voting aye,Mayor Patterson declared the motion carried.III


.,307Aldennan _Oliver_ <strong>of</strong>fered and moved the adoption <strong>of</strong> the following resolution:IRESOLUTION DECLARING THE NECESSITY FOR THE SALE ANDISSUANCE OF A GENERAL OBLIGATION NOTE BY THE MAYORAND BOARD OF ALDERMEN OF THE CITY OF OXFORD,MISSISSIPPI, ACTING FOR AND ON BEHALF OF SAID CITY, IN ATOTAL PRINCIPAL AMOUNT OF NOT TO EXCEED FIVE HUNDREDTHOUSAND DOLLARS ($500,000) FOR THE PURPOSE OF RAISINGMONEY FOR THE PURPOSE OF PURCHASING FIRE-FIGHTINGEQUIPMENT AND APPARATUS AND PURCHASING MACHINERYAND EQUIPMENT; AUTHORIZING THE PUBLICATION OF A NOTICEOF NOTE SALE IN CONNECTION WITH SAID NOTE AND THEPREPARATION AND DISTRIBUTION OF INFORMATION ANDMATERIALS RELATED TO THE SALE AND ISSUANCE OF SAIDNOTE; AND FOR RELATED PURPOSES.WHEREAS, the Mayor and Board <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi (the"Governing Body"), acting for and on behalf <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi (the "<strong>City</strong>") areauthorized by Sections 21-33-301 et seq., Mississippi Code <strong>of</strong> 1972, as amended (the "<strong>City</strong> Act")to issue general obligation bonds to raise money for the purposes set forth therein, including, butnot limited to, purchasing fire-fighting equipment and apparatus and purchasing machinery andequipment which has an expected useful life in excess <strong>of</strong>ten (10) years, including motor vehiclesweighing in excess <strong>of</strong> twelve thousand (12,000) pounds; andIWHEREAS, pursuant to Sections 17-21-51 through 17-21-55, Mississippi Code <strong>of</strong> 1972,as amended (the "Note Act" and collectively with the <strong>City</strong> Act, the "Act"), the Governing Body,acting for and on behalf <strong>of</strong> the <strong>City</strong>, is authorized to issue negotiable notes <strong>of</strong> the <strong>City</strong> for anypurpose for which the Governing Body is otherwise authorized to issue bonds, notes orcertificates <strong>of</strong> indebtedness including those set forth in the <strong>City</strong> Act; andWHEREAS, it is necessary and desirable and in the public interest to issue a generalobligation note <strong>of</strong> the <strong>City</strong> in an aggregate principal amount not to exceed Five HundredThousand Dollars ($500,000) in accordance with the Act to raise money for the purpose <strong>of</strong>purchasing fire-fighting equipment and apparatus and purchasing machinery and equipmentwhich has an expected useful life in excess <strong>of</strong> ten (10) years, including motor vehicles weighingin excess <strong>of</strong> twelve thousand (12,000) pounds (the "Project"); andWHEREAS, the Project is in accordance with the provisions <strong>of</strong> the Act; andWHEREAS, the Governing Body is authorized pursuant to the Act to provide fundingfor the Project through the issuance <strong>of</strong> a general obligation note <strong>of</strong> the <strong>City</strong> secured by a pledge<strong>of</strong> the full faith, credit and resources <strong>of</strong> the <strong>City</strong>; andWHEREAS, the Note Act limits the aggregate amount <strong>of</strong> debt outstanding under theNote Act at anyone time to the greater <strong>of</strong> Two Hundred Fifty Thousand and Noll OOths DollarsI


308($250,000} tf YIJir~P5l~ 0~tge· a~s~~e~tIXQ2~_~2~e9y wi!trtM'Wi"'fityelaccording to the last completed assessment for taxation; and :1WHEREAS, the assessed value <strong>of</strong> all taxable property within the <strong>City</strong>, according to the.last completed assessment for taxation, is Two Hundred Seventy-Seven Million Two HundredThree Thousand Forty-Two Dollars ($277,203,042); andWHEREAS, one percent (I %) <strong>of</strong> the assessed value <strong>of</strong> all taxable property locatedwithin the <strong>City</strong> is Two Million Seven Hundred Seventy-Two Thousand Thirty Dollars($2,772,030); andWHEREAS, the <strong>City</strong> presently has Two Hundred Eleven Thousand Dollars ($211,000):in outstanding indebtedness under the Note Act; andIWHEREAS, the issuance <strong>of</strong> the Note (as hereinafter defined) under the Act for thelpurpose <strong>of</strong> funding the Project will not exceed any constitutional or statutory limitation uponlindebtedness which may be incurred by the <strong>City</strong> including those set forth in Section 21-33-303<strong>of</strong> the <strong>City</strong> Act; andWHEREAS, it would be in the best interest <strong>of</strong> the <strong>City</strong> for the Governing Body to issue a·general obligation note <strong>of</strong> the <strong>City</strong> pursuant to the Act to provide funding for the Project; andWHEREAS, the Governing Body is authorized and empowered by the Act to issue ajgeneral obligation note <strong>of</strong> the <strong>City</strong> for the purposes as hereinafter set forth and there are no otheravailable funds on hand or available from regular sources <strong>of</strong> income for such purposes.NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF·ALDERMEN OF THE CITY, ACTING FOR AND ON BEHALF OF THE CITY, ASFOLLOWS:SECTION 1. Pursuant to the Act, the Governing Body, acting for and on behalf <strong>of</strong> the<strong>City</strong>, does hereby find and determine that the sale and issuance <strong>of</strong>a general obligation note <strong>of</strong> the .<strong>City</strong> in a principal amount not to exceed Five Hundred Thousand Dollars ($500,000) (the '!"Note") is necessary and advisable and conforms to the Act, and does hereby declare its intentionto sell and issue the Note.ISECTION 2. The Note is to be issued for the purpose <strong>of</strong> financing the Project andpaying certain costs incident to the sale and issuance <strong>of</strong> the Note, all as authorized by the Act.SECTION 3. The Note is to be issued pursuant to the Act and this and subsequent Iresolutions <strong>of</strong> the Governing Body and will be a general obligation <strong>of</strong> the <strong>City</strong> payable as toprincipal and interest out <strong>of</strong> and secured by the full faith, credit and resources <strong>of</strong> the <strong>City</strong> andwill be payable from an ad valorem tax to be levied without limit as to rate or amount upon alltaxable property within the <strong>City</strong>.SECTION 4. The <strong>City</strong> shall <strong>of</strong>fer the Note for sale subject to the provisions <strong>of</strong> Section 9here<strong>of</strong>, the date, time and terms <strong>of</strong> sale to be as set forth in the "Notice <strong>of</strong> Note Sale" relating to .the Note, which Notice <strong>of</strong> Note Sale and "Proposal for Purchase" shall be in substantially thefollowing forms:II


,309MINUTE B~N~ CLiY OF OXFORDDEMENT-MERIDIAN 61-0226500,000CITY OF OXFORD, MISSISSIPPIGENERAL OBLIGATION NOTE, SERIES 2012I.INOTICE IS HEREBY GIVEN that the Mayor and Board <strong>of</strong> Aldermen (the "GoverningBody") <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi (the "<strong>City</strong>") will receive sealed bids in the Office <strong>of</strong>the <strong>City</strong> Clerk in the <strong>City</strong> Hall <strong>of</strong> the <strong>City</strong> located at 107 Courthouse Square in the <strong>City</strong> until thehour <strong>of</strong> 4:00 p.rn. on , 2012, at which time said bids will be publicly opened by the<strong>City</strong> Clerk and read for the purchase at not less than par <strong>of</strong> $500,000 <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, MississippiGeneral Obligation Note, Series 2012 (the "Note"), at which time said proposals will be publiclyopened and read for the purchase <strong>of</strong> the Note.The Note will be dated and bear interest from the date <strong>of</strong> its delivery; will be delivered inthe denomination <strong>of</strong> $500,000; will be numbered R-I; will be issued in registered form; and willbear interest, payable on April I and October I <strong>of</strong> each year commencing on April 1, 2013, at therate <strong>of</strong> interest specified in the proposal submitted by the successful bidder in accordance withthis Notice <strong>of</strong> Note Sale. Interest will be payable by check or draft <strong>of</strong> _______----::-c-,-:., Mississippi (the "Paying and Transfer Agent") made payable to the registeredowner <strong>of</strong> the Note named in, and mailed to the address appearing on the registration books <strong>of</strong> the<strong>City</strong> kept and maintained by the Paying and Transfer Agent.Principal <strong>of</strong> the Note will be payable at the principal corporate trust <strong>of</strong>fice <strong>of</strong> the Payingand Transfer Agent on October I in the following years and amounts:IYear20132014201520162017PrincipalAmountThe Note will be subject to redemption prior to maturity, at the option <strong>of</strong> the <strong>City</strong>, inwhole or in part, on any date, at the principal amount there<strong>of</strong> together with accrued interest to thedate fixed for redemption and without premium. Notice <strong>of</strong> each such redemption shall bemailed, postage prepaid, not less than two (2) business days prior to the redemption date, to theregistered owner <strong>of</strong> the Note to be redeemed at the address appearing on the registration books <strong>of</strong>the <strong>City</strong> maintained by the Paying and Transfer Agent.The Note will be issued pursuant to the provisions <strong>of</strong> Sections 21-33-301 et seq.,Mississippi Code <strong>of</strong> 1972, as amended (the "<strong>City</strong> Act") and Sections 17-21-51 through 17-21-55,Mississippi Code <strong>of</strong> 1972, as amended (the "Note Act" and together with the <strong>City</strong> Act, the"Act"). The Note is being issued to raise money for the purpose <strong>of</strong> purchasing fire-fightingequipment and apparatus and purchasing machinery and equipment which has an expected usefulI


310life in eM~~AJJ~lij9Q,~~~~~ttJr«tbTcj{s ge~hgg~feg!lQftWm-~~(!l,UUUT pounds, and paymg certain costs incident tothe sale and issuance <strong>of</strong> the Note.IThe Note shall be a general obligation <strong>of</strong> the <strong>City</strong>. The full faith, credit and resources <strong>of</strong>'the <strong>City</strong> shall be pledged to secure the payment <strong>of</strong> the principal <strong>of</strong> and interest on the Note and!the Note shall be payable from an ad valorem tax to be levied without limit as to rate or amount'upon all taxable property within the <strong>City</strong>.The Note is to be sold at par and is to be awarded to the bidder complying with the terms'here<strong>of</strong> and <strong>of</strong>fering to purchase the Note at the lowest rate <strong>of</strong> interest to the <strong>City</strong>. The Note shallbear only one rate <strong>of</strong> interest as specified in the proposal which it will bear from its date to itsstated maturity date <strong>of</strong> October 1, 2017. The rate <strong>of</strong> interest on the Note shall not exceed elevenpercent (\ 1 %) per annum. Bidders must acknowledge in their respective proposals that,contemporaneously with or prior to delivery <strong>of</strong> the Note, the <strong>City</strong> shall receive from thesuccessful bidder a document in form and substance satisfactory to the <strong>City</strong> to the effect that:I(a) the successful bidder is purchasing the Note for its own account for the purpose <strong>of</strong>investment and not with a view towards distribution or resale;(b) the bidder has knowledge and experience in financial matters and it is capable <strong>of</strong>evaluating the merits and risks <strong>of</strong> purchasing the Note;(c)issued;the bidder has read and fully understands the resolutions under which the Note is;(d) the bidder has had an opportunity to obtain and has received from the <strong>City</strong> all <strong>of</strong>the information, documents and materials which it regards as necessary to eval uate the merits Iand risks <strong>of</strong> its purchase <strong>of</strong> the Note;(e) the bidder recognizes that Baker, Donelson, Bearman, Caldwell & Berkowitz, PC I("Special Counsel") is not responsible for any information contained in or omitted from materials!regarding the <strong>City</strong> and the Note and acknowledges that it does not look to Special Counsel to .obtain such information on its behalf; andI(f)while it has no present intention to resell or otherwise dispose <strong>of</strong> all or any part <strong>of</strong> lIthe Note purchased by it, the bidder assumes responsibility for disclosing all material Iinformation in compliance with all applicable federal and state security laws in the event <strong>of</strong> its;resale <strong>of</strong> the Note.All proposals must be enclosed in a sealed envelope and should be addressed to theGoverning Body, at their <strong>of</strong>fices located at <strong>City</strong> Hall, 107 Courthouse Square, <strong>Oxford</strong>,Mississippi 38655 attention: Lisa Carwyle, <strong>City</strong> Clerk, <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> and worded on theoutside, in substance, "Proposal for <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi General Obligation Note, Series2012". ALL PROPOSALS MUST BE UNCONDITIONAL AND, AS A CONDITIONPRECEDENT TO THE CONSIDERATION OF ITS PROPOSAL, EACH BIDDER MUSTENCLOSE WITH IT, AS A GOOD FAITH DEPOSIT, A CERTIFIED OR CASHIER'SCHECK DRAWN UPON A BANK LOCATED WITHIN THE STATE OF MISSISSIPPIPA Y ABLE TO THE ORDER OF THE CITY OF OXFORD, MISSISSIPPI FOR TEN,I


311Iabove shown for the sale <strong>of</strong> the Note. When a proposal is rejected by the Governing Body, thegood faith deposit accompanying said proposal will be returned to the bidder. When a proposalis accepted by the Governing Body, the good faith deposit accompanying said proposal will beapplied as part payment for the Note or, if the successful bidder fails to comply with thisagreement to purchase the Note, will be retained as liquidated damages. Pending the application<strong>of</strong> the good faith deposit <strong>of</strong> the successful bidder as aforesaid, such deposit may be invested indirect obligations <strong>of</strong>, or obligations guaranteed by the United States <strong>of</strong> America or in repurchaseagreements with banks fully secured by such obligations, and the <strong>City</strong> shall be entitled to anyincome from any such investment.The Governing Body reserves the right to reject any or all proposals as well as the rightto waive any irregularity or informality in any proposal. All proposals shall be submitted on aProposal for Purchase which may be obtained from Lisa Carwyle, <strong>City</strong> Clerk, <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>,107 Courthouse Square, <strong>Oxford</strong>, Mississippi 38655 telephone: (662)232-2312, or from the <strong>City</strong>'sfinancial advisor, Government Consultants, Inc., 1830 Crane Ridge Drive, Jackson, Mississippi39216, telephone: (601)982-0005, attention: Mr. Demery Grubbs.In the opinion <strong>of</strong> Special Counsel, assuming compliance by the <strong>City</strong> with certain taxcovenants, under existing statutes, regulations, rulings and court decisions, interest on the Note isexcluded from gross income for federal income tax purposes. Furthermore, interest on the Noteis not an item <strong>of</strong> tax preference for purposes <strong>of</strong> the federal alternative minimum tax imposed onindividuals and corporations; however, interest on the Note is taken into account in determiningadjusted current earnings for purposes <strong>of</strong> computing the alternative minimum tax imposed oncorporations. Special Counsel will express no other opinion regarding other federal taxconsequences resulting from the ownership, receipt or accrual <strong>of</strong> interest on or disposition <strong>of</strong> theNote. In addition, Special Counsel is further <strong>of</strong> the opinion that under and pursuant to the Act,the Note and interest thereon are exempt from all income taxes imposed by the State <strong>of</strong>Mississippi.IThe tlnal approving opinion <strong>of</strong> Special Counsel relating to the validity and tax exemption<strong>of</strong> the Note, together with a non-litigation certitlcate <strong>of</strong> the <strong>City</strong> dated the date <strong>of</strong> delivery <strong>of</strong> theNote, and a transcript <strong>of</strong> the proceedings relating to the Note will be delivered to the successfulbidder without charge.The successful bidder will be given at least seven (7) business days advance notice <strong>of</strong> theproposed date <strong>of</strong> delivery <strong>of</strong> the Note when that date has been tentatively determined. The Notewill be delivered in <strong>Oxford</strong>, Mississippi or such other place as the Governing Body shalldesignate and payment therefor shall be made in federal or other immediately available funds.The successful bidder shall have the right, at its option, to cancel its agreement topurchase the Note if the Note to be delivered by the <strong>City</strong> in accordance with the precedingparagraph is not tendered for delivery within sixty (60) days from the date <strong>of</strong> sale there<strong>of</strong>, and insuch event the <strong>City</strong> shall return to said bidder its good faith deposit without interest. The <strong>City</strong>shall have the right, at its option, to cancel its agreement to sell the Note if within tlve (5) daysafter the tender <strong>of</strong> the Note for delivery the successful bidder shall not have accepted delivery <strong>of</strong>I


312rc=====~~an=d paNlJ!}IU~e~gQ ~c~Q~A~,c£lIXI Qfn Qe~~9sru>bidd@Ps'WelAf!litlljdeposit aSllqUldated damages. .. . UFurther information may be obtai~ed from Lisa Carwyle, <strong>City</strong> Clerk, <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, 10'Courthouse Square, <strong>Oxford</strong>, MlsslsslPPl 38655 telephone: (662)232-2312, or from the <strong>City</strong>'sfinancial advisor, Government Consultants, Inc., 1830 Crane Ridge Drive, Jackson, Mississippi39216, telephone: (601 )982-0005, attention: Mr. Demerv Grubbs.DATED: _____ , 2012CITY OF OXFORD, MISSISSIPPIBy IslLisa Carwyle<strong>City</strong> ClerkPROPOSAL FOR PURCHASEI$500,000CITY OF OXFORD, MISSISSIPPIGENERAL OBLIGATION NOTE, SERIES 2012I__ ,2012IIMayor and Board <strong>of</strong> Aldermen<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>107 Courthouse Square<strong>Oxford</strong>, Mississippi 38655Ladies and Gentlemen:For Five Hundred Thousand Dollars ($500,000) principal amount <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> I!Mississippi General Obligation Note, Series 2012 (the "Note") <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississipp I(the "<strong>City</strong>"), dated as <strong>of</strong> its delivery, and bearing interest at the rate specified below, we will paxyou the aggregate par value there<strong>of</strong>. The principal <strong>of</strong> the Note will be payable in the amounts andin the years set forth in the Notice <strong>of</strong> Note Sale relating to the Note dated, 2012 (the"Notice <strong>of</strong> Note Sale").iThe Note shall bear interest at the rate <strong>of</strong>percent per annum. Thisproposal is subject to all the terms and conditions <strong>of</strong> the Notice <strong>of</strong> Note Sale which notice by thi~reference thereto is hereby made a part here<strong>of</strong>. We hereby acknowledge that we will fullycomply with the terms and requirements <strong>of</strong> the Notice <strong>of</strong> Note Sale. ,IlIA CERTIFIED OR CASHIER'S CHECK, DRAWN UPON A BANK LOCATEdWITHIN THE STATE OF MISSISSIPPI, PAYABLE TO THE ORDER OF THE CITYOF OXFORD, MISSISSIPPI, IN THE AMOUNT OF TEN THOUSAND ANDINOllOOTHS DOLLARS ($10,000.00) accompanies this proposal as evidence <strong>of</strong> good faith an~said good faith deposit shall be returned to the undersigned if this proposal is not accepted, or i 'the <strong>City</strong> should fail to deliver said Note to the undersigned in accordance with the terms <strong>of</strong> thI


313Notice <strong>of</strong> NoteMINUTrEsaoQKctNQ. §;1'iQli~eQla P~fQM shalJE,b.\lE",",AN61~226e Ivere an pal or un er e terms 0 t IS proposa , as partpayment therefor, or be applied as and for liquidated damages in the event that the undersignedfails to take up and pay for the Note. Pending the application <strong>of</strong> the good faith deposit <strong>of</strong> thesuccessful bidder as aforesaid, such deposit may be invested in direct obligations <strong>of</strong>, orobligations guaranteed by, the United States <strong>of</strong> America or in repurchase agreements with banksfully secured by such obligations, and the <strong>City</strong> shall be entitled to any income from any suchinvestment.IThis proposal is for immediate acceptance.Bidder ______________________________ __By ____________ ~~----~-----------[Print Name]TitleAddress[Signature]Telephone Number ______________________ __I(Note: No addition to or alteration in this proposal is to be made, and any erasure may cause arejection <strong>of</strong> this proposal. Proposals must be filed with the Mayor and Board <strong>of</strong> Aldermen <strong>of</strong> the<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi in the Office <strong>of</strong> the <strong>City</strong> Clerk in the <strong>City</strong> Hall located at 107Courthouse Square, <strong>Oxford</strong>, Mississippi 38655 attention: Lisa Carwyle, <strong>City</strong> Clerk, sealed andworded on the outside, in substance, "Proposal for <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi GeneralObligation Note, Series 2012", before 4:00 o'clock p.m., Mississippi time, on ,2012.No interest will be allowed the bidder on the good faith deposit which accompanies thisproposal.)ACCEPTANCEThe above proposal accepted by the Mayor and Board <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>,Mississippi, this the day <strong>of</strong> , 2012, and receipt <strong>of</strong> the within mentionedcheck is hereby acknowledged.CITY OF OXFORD, MISSISSIPPIBy~ __ --____ --__ --__ --__ ---------MayorI


314IAttest:MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDOEMENT·MERIDIAN 61-2261~-=~--------------------<strong>City</strong> Clerk IReturn <strong>of</strong> the good faith check is hereby acknowledged.By------~---------------------Title ----------------------------ISECTION 5. The Note shall be dated as <strong>of</strong> its delivery; shall bear interest from said date Iat the rate <strong>of</strong> interest speciiled in the proposal submitted by the success.ful bidder for the Note ill.accordance with the Notice <strong>of</strong> Note Sale, but not to exceed eleven percent (11 %) per annum Ipayable on April 1 and October 1 <strong>of</strong> each year, commencing April L 2013; and principal an Iinterest shall be payable in equal installments over a period <strong>of</strong> ilve (5) years, with principapayable on October 1 <strong>of</strong> each year. The Note shall mature 011 October 1, 2017.IThe Note shall be issued ill registered form ill a single denomination <strong>of</strong> not to exceellFive Hundred Thousand Dollars ($500,000) and shall be numbered R-l. The Note will b ,subject to redemption prior to maturity at the option <strong>of</strong> the <strong>City</strong>, either in whole or in part on an 'date, at the principal amount there<strong>of</strong> together with accrued interest to the date ilxed forredemption and without premium. Notice <strong>of</strong> each such redemption shall be mailed, postageprepaid, not less than two (2) business days prior to the redemption date. to the registered owner'l<strong>of</strong> the Note to be redeemed at the address appearing on the registration books <strong>of</strong> the <strong>City</strong>maintained by the Paying and Transfer Agent (as hereinafter deilned).'IThe principal <strong>of</strong> the Note shall be payable in lawful monies <strong>of</strong> the United States 0;'America as the same shall become due at a bank or banks to be designated by the <strong>City</strong> (th~"Paying and Transfer Agent"). Interest will be payable by check or draft drawn upon the Payingand Transfer Agent made payable to the registered owner named in and mailed to the address <strong>of</strong>lthe registered owner as it shall appear on the registration books <strong>of</strong> the <strong>City</strong> kept and maintained Iby the Paying and Transfer Agent.IISECTION 6. Baker. Donelson, Bearman, Caldwell & Berkowitz, PC is herebJdesignated as Special Counsel ("Special Counsel") in connection with the sale and issuance ottthe Note. Mayo Mallette PLLC is hereby selected to serve as counsel to the <strong>City</strong> in connectionwith the sale and issuance <strong>of</strong> the Note and Government Consultants, Inc. is hereby designated asFinancial Advisor to the <strong>City</strong> (the "Financial Advisor") in connection with the sale and issuancel<strong>of</strong> the Note.I'SECTION 7. Special Counsel is hereby authorized and directed to cause the Notice <strong>of</strong>Note Sale to be published at least one (1) time, which shall not be less than ten (10) days prior tothe date <strong>of</strong> the sale <strong>of</strong> the Note, in the <strong>Oxford</strong> Eagle, <strong>Oxford</strong>, Mississippi, a newspaper havinggeneral circulation in the <strong>City</strong>.I..... I


315r z an nec e 0 cause 0 e prepare , Istn u e an rms e toprospective bidders for the Note, and to other interested persons, such materials and informationconcerning the <strong>City</strong> as may be convenient to the public sale <strong>of</strong> the Note.ISECTION 9. The Mayor is hereby authorized and directed to make all finaldetenninations necessary in connection with (a) the publication <strong>of</strong> the Notice <strong>of</strong> Note Sale,including the date <strong>of</strong> sale, the dated date <strong>of</strong> the Note, the maturity schedule relating to the Note,the tinal aggregate principal amount <strong>of</strong> the Note, the redemption terms <strong>of</strong> the Note and any otherterms there<strong>of</strong>, and (b) the Proposal for Purchase; provided, however, that such determinationsshall be subject to ratification by the Governing Body.SECTION 10. Special Counsel shall obtain from the publisher <strong>of</strong> the aforesaidnewspaper the customary publisher's affidavit proving pUblication <strong>of</strong> the Notice <strong>of</strong> Note Sale forthe time and in the manner required by law, and such pro<strong>of</strong> <strong>of</strong> publication shall be filed in theClerk's <strong>of</strong>fice and exhibited before the Governing Body at the hour and date for the receipt <strong>of</strong>proposals for the purchase <strong>of</strong> the Note.SECTION 11. The <strong>City</strong> hereby declares its <strong>of</strong>ficial intent to reimburse itself from theproceeds <strong>of</strong> the Note for expenses incurred with respect to the Project subsequent to the date <strong>of</strong>this resolution. This resolution is intended as a declaration <strong>of</strong> <strong>of</strong>ficial intent under Treasury'Regulation Section 1.150-2. The Note will not exceed the total principal amount <strong>of</strong> FiveHundred Thousand Dollars ($500,000).SECTION 12. If anyone or more <strong>of</strong> the provIsions <strong>of</strong> this resolution shall for anyreason be held to be illegal or invalid, such illegality or invalidity shall not affect any <strong>of</strong> the otherprovisions <strong>of</strong> this resolution, but this resolution shall be construed and enforced as if such illegalor invalid provision or provisions had not been contained herein.IAldennan _Howell __ seconded the motion to adopt the foregoing resolution, and thequestion being put to a roll call vote, the result was as follows:Aldennan Ney Williams voted:Aldennan E.O. Oliver voted:Alderwoman Janice Antonow voted:Aldennan Ulysses Howell voted:Aldennan Preston E. Taylor voted:Aldennan Jason Bailey voted:Alderman John Morgan voted:AYEAYEAYEAYEAYEAYEAYEThe motion having received the affinnative vote <strong>of</strong> a majority <strong>of</strong> the members <strong>of</strong> theGoverning Body present, being a quorum <strong>of</strong> said Governing Body, the Mayor declared themotion carried and the resolution adopted this 21" day <strong>of</strong> August, 2012.11235142902914_12(Note)I


316 4MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61·226WEST NILE:ORDINANCE CHANGE:CHANGE ORDER:VEHICLE:DESIGN PROFESSIONAL:ORDINANCE:ORDINANCE:ORDINANCE:ORDINANCE:BAILEY BRANCH PARKATFNC:Jimmy Allgood gave a report on the West Nile virusand how to limit the amount <strong>of</strong> mosquitoes aroundyour home.This was the first reading <strong>of</strong> the proposed changesto Section 102 Article XVII Stopping, Standing,Restricted or Prohibited 011 Certain Streets <strong>of</strong> theCode <strong>of</strong> Ordinances. Tim Akers read through allthe proposed changes to the ordinance.It was moved by Alderman Morgan, seconded byAlderman Bailey to approve a change order for thePowerhouse renovation project in the amount <strong>of</strong>$6,799.00. The balance remaining after the grantpays is $1257.00, the <strong>City</strong> will split that amountwith Y AC: All the aldermen voting aye, MayorPatterson declared the motion carried.It was moved by Alderman Morgan, seconded byAlderman Antonow to authorize the purchase <strong>of</strong> a2012 Jeep Liberty for Downtown ParkingEnforcement to be used by Standard Parking. Twoquotes were received and they will purchase thevehicle from Chandler Motors in the amount <strong>of</strong>$17,011.00. All the aldermen voting aye, MayorPatterson declared the motion carried.It was moved by Alderman Williams, seconded byAlderman Bailey to authorize the retention <strong>of</strong> adesign pr<strong>of</strong>essional for parking garage RFP behind<strong>City</strong> Hall. All the aldermen voting aye, MayorPatterson declared the motion carried.This was the second reading and public hearing <strong>of</strong>trenching and right <strong>of</strong> way ordinance. There was nocomment from the public. The third reading andvote will be held at the next board meeting.This was the second reading and public hearing <strong>of</strong>telecommunications permit ordinance. There wasno comment from the public. The third reading andvote will be held at the next board meeting.This was the first reading <strong>of</strong> proposed amendmentto Land Development Code: Article 7, Section 20 I:Parking and Loading Regulations regarding parkingspace size requirements.This was the first reading <strong>of</strong> the proposedamendments to the Land Development code: Article9, Section 230: Standard Forms for Final Platsregarding final plat certification.Bart Robinson came before the Mayor and Board <strong>of</strong>Aldermen to discuss the relocation <strong>of</strong> the sidewalkat Bailey Branch Park at FNC on Highway 7, due tothe widening <strong>of</strong> Highway 7. He reported therelocation <strong>of</strong> the sidewalk would cost approximately$3,500.00.III


5 317MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226IAFTER HOURS WORK:PUBLIC USE OF PROPERTY:EASEMENT:It was moved by Alderman Howell, seconded byAlderman Bailey to authorize Shelby Electric towork after hours for signal installation on WestJackson at CVS. All the aldermen voting aye,Mayor Patterson declared the motion carried.It was moved by Alderman Williams, seconded byAlderman Taylor to authorize permission for thepublic to use a strip <strong>of</strong> property adjacent towastewater treatment plant for the purpose <strong>of</strong>flying, landing and take-<strong>of</strong>f <strong>of</strong> Radio Controlledaircraft in accordance with posted rules. All thealdermen voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Howell, seconded byAlderman Bailey to accept the following easementfrom Northwest Community College. All thealdermen voting aye, Mayor Patterson declared themotion carried.II


318;c===~~~~MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61-226--:iTHE STATE OF MISSISSIPPITHE COUNTY OF LAFAYETTEPERPETUAL DRAINAGE EASEMENTFOR AND IN CONSIDERATION <strong>of</strong>the hereinafter named NORTHWEST MISSISSIPPICOMMUNITY COLLEGE granting to the CITY OF OXFORD, MISSISSIPPI, and other good andvaluable consideration, the receipt <strong>of</strong> all which is hereby acknowledged, NORTHWEST f\.1]SSISSIPPICOMMUNITY COLLEGE, Grantor, does hereby convey and warrant unto THE CITY OF OXFORD,MISSISSIPPI, Grantee, a perpetual drainage easement for the following described property inILAFAYETTE County, Mississippi, to-wit:PERPETUAL DRAINAGE EASEMENTDESCRIPTION: A PARCEL OF LAND LOCATED IN THE NORTHEASTQUARTER (NE 114) OF SECTION 33, TOWNSHIP 8 SOUTH, RANGE 3 WEST,LAFAYETTE COUNTY, MISSISSIPPI. SAID PARCEL IS TO BE USED AS APERPETUAL DRAINAGE EASEMENT BY THE CITY OF OXFORD, MS TOINSTALL AND MAINTAIN A STORMW ATER DRAINAGE PIPE:COMMENCING FROM A 'POINT LOCATED 493.90 FEET EAST AND1,962.72 FEET SOUTH OF AN 8" WOODEN POST COMMONLY ACCEPTED ASTHE NORTHEAST CORNER OF THE NORTHWEST QUARTER (NW 114) OF SAIDSECTION 33, TOWNSHlP8 SOUTH, RANGE 3 WEST; RUN THENCE S 81°43'17" EA DISTANCE OF 277.09 FEET TO A POINT; RUN THENCE S W51'31" W FOR ADISTANCE OF 50.33 FEET TO A POINT; RUN THENCE N 81°43'17" W FOR ADISTANC OF 277.41 FEET TO A ';''' REBAR FOUND ON THE EXISTING EASTRlGHT-OF-WAY LINE OF COLEMAN DRlVE; RUN THENCE, ALONG SAIDEAST RlGHT-OF-WAY LINE, N 15°13'28" E FOR A DISTANCE OF 50.37 FEET TOTHE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND,CONTAINING 0.319 ACRE, MORE OR LESS.Pursuant to said easement, GRANTEE will adhere to the following Maintenance Agreement:GRANTEE will restore property within easement back to original state once installationI<strong>of</strong> Stormwater Drainage Pipe is complete, maintain the Storm water Drainage Pipe locatedwithin the perpetual drainage easement, and install and maintain outfall creek bankprotection at Burney Branch Creek.Grantor herein hereby acknowledges that it has been fully advised and understands that it is entitled toreceive just compensation based upon an appraisal <strong>of</strong> this property for this conveyance and for damages, ifany, but Grantor desires no compensation and desires to grant the CITY OF OXFORD, MISSISSIPPI, theeasement as described above. Grantor specifically understands that it has the right to request that a fairmarket value appraisal <strong>of</strong> the property be made, and it hereby waives that right. It is further understood andagreed that this instrument constitutes the entire agreement between the Grantor and the Grantee, therebeing no oral agreement or representations <strong>of</strong> any kind.I


319MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORD DEMENT MERIDIAN 61 0226WI SS MY SIGNATURE, this the -''--~ day <strong>of</strong> Ctu.t. ltAt 2012.~~~ -----------'1I'v;T]"fj;rn.s SWITNESSTHESTATEOF~· '-f~THE COUNTY ;;;}~~_/).Ln"",,,",,,,~~~_N:::lST MISSISSIPPICOMMUNIT~ COLLEGE~ /BY2//~ /~//'CITY OF OXFORD, MISSISSIPPI, GranteeBY:. __ ~~~~~~~~~~~Personally appeared before me, ~be undersigned authority, in and for said ;o~~ wi . n mjurisdiction, the within named ~hO acknowled d thatsigned and delivered the above and foregoing instru ent for the ~urposes mentioned on the day and in theyear therein mentioned)~~Atrto ~.ISworn to and subscribed before and given und~r my hand and seal <strong>of</strong> <strong>of</strong>fice, this the ~ day <strong>of</strong>Grantor's Address:4975 Highway 51 NSenatobia, MS 38668-1701(662) 562-3200Grantee's Address:107 Courthouse Square<strong>Oxford</strong>, MS 38655(662) 236-1310I


320 6I!~~~M~IN_UTE BOOK No. <strong>63</strong>, CITY OF OXFO_R~D~~DE=MEN'=M,",D


7 321MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61-0226ITRAVEL:OPC QUARTERLY REPORT:APPRAISAL POLICY:It was moved by Alderman Howell, seconded byAlderman Morgan to authorize permission forstaking engineer to attend MS/TN Member Servicesmeeting in Counce, TN on October 9, 2012 with acost <strong>of</strong>$121.88. All the aldermen voting aye,Mayor Patterson declared the motion carried.Rob Boyd came before the Mayor and Board <strong>of</strong>Aldermen to present the <strong>Oxford</strong> Park Commission'squarterly reports.It was moved by Alderman Bailey, seconded byAlderman Antonow to adopt the following policy towaive appraisals in certain land acquisitions under$10,000.00. All the aldermen voting aye, MayorPatterson declared the motion carried.II


322MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDRESOLUTION OF OXFORD, MISSISSIPPIREGARDING WAIVER OF APPRAISAL REQUIREMENT~FOR PROPERTY ACQUISITIONS LESS THAN $10,000DEMENT·MERIDIAN 61-226The Board took up for consideration a policy allowing for acquisition <strong>of</strong> propertywith a fair market value <strong>of</strong> less than Ten Thousand Dollars ($10,000.00), and where thevaluation problem is uncomplicated, without requiring a formal appraisal <strong>of</strong> the propertyIto be obtained, to the extent pennitted by law.Upon due consideration, the <strong>City</strong> <strong>of</strong><strong>Oxford</strong>, Mississippi adopts the following Resolution, which was first reduced to writing:RESOLUTION OFTHE MAYOR AND BOARD OF ALDERMEN OFTHE CITYOF OXFORD, MISSISSIPPI, AUTHORIZING ADOPTION OF A POLICYALLOWING ACQUISITION OF PROPERTY WITH A FAIR MARKET VALUEOF LESS THAN TEN THOUSAND DOLLARS ($10,000.00), WITHOUTREQUIRING A FORMAL APPRAISAL OF SAID PROPERTY TO BEOBTAINEDWHEREAS, Miss. Code Ann. §43-37-3(b), as amended, provides that "realproperty shall be appraised before the initiation <strong>of</strong> negotiations, except that the acquiringperson, agency or other entity may adopt a procedure in compliance with the federalregulation to waive the appraisal in cases involving the acquisition by sale or donation <strong>of</strong>property with a ... fair market value <strong>of</strong>Ten Thousand Dollars ($10,000.00) or less"; andIWHEREAS, the Mississippi Attorney General has opined that the federalregulation referenced in this statute is 49 CFR 24.1, et seq.; andWHEREAS, 49 CFR § 24.102 provides that an appraisal is not required when"the valuation problem is uncomplicated and the anticipated value <strong>of</strong> the proposedacquisition is estimated at $10,000.00 or less, based on review <strong>of</strong> available data"; andI


323 lMINUTE BQ,OK NO,.<strong>63</strong>, CITY OF OXFORDDE E T·MERIDIAN 61·0226--Icompleted by a person with "sufficient understanding <strong>of</strong> the local real estate market to bequalified to make the waiver valuation"; andWHEREAS, the <strong>City</strong> wishes to adopt a policy by which it has the option to waiveIthe appraisal requirement when the valuation problem is uncomplicated and theanticipated value <strong>of</strong> the property is less than Ten Thousand Dollars ($10,000.00), if andonly if the governing authority <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> detelll1ines by <strong>of</strong>ficial action that itwishes to waive the appraisal process and utilize the policy for non-appraisal valuationsas allowed under statute and federal regulations as may be amended from time to time;NOW, THEREFORE, BE IT RESOLVED BY the Mayor and Board <strong>of</strong> Aldelll1en<strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, and upon Motion by Aldelll1an _______ andsecond by Aldelll1an ______ _that the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> hereby approves andauthorizes the following:I. Property shall be appraised before the initiation <strong>of</strong> negotiations andacquired through the appraisal process pursuant to statutory requirements,Iexcept in cases involving the acquisition <strong>of</strong> property where the valuationproblem is uncomplicated and the fair market value <strong>of</strong> the property is TenThousand Dollars ($10,000.00) or less, in compliance with 49 CFR § 102,in which such case the governing authority <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> maydetenl1ine to waive such appraisal under the policy set forth herein;2. In cases involving the acquisition <strong>of</strong> property where the valuation problemis uncomplicated and the fair market value <strong>of</strong> the property is TenThousand Dollars ($10,000.00) Or less (or in such amount as may beI


324MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226~~~~~~~~~··aanno6"WTeect-uhder subsequent amelldmenrsTo Miss. Code Ann. §43-37-3(5)and/or 49 CFR § 102), the requirement for a fonnal appraisal may bewaived, at the discretion <strong>of</strong> the goveming authority <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>;3. In cases involving the acquisition <strong>of</strong> property where the valuation problemis uncomplicated and the fair market value <strong>of</strong> the propeI1y is TenIThousand Dollars ($) 0,000.00) or less, where the governing authority <strong>of</strong>the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> has detennined by <strong>of</strong>ficial action to waive the appraisalprocess, a written valuation will be obtained from a person with sufficientunderstanding <strong>of</strong> the local real estate market to be qualified to make thewaiver valuation, and the services <strong>of</strong> such person shall be retained by<strong>of</strong>ficial action <strong>of</strong> the governing authority <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>. In thenormal case, such person shall be a local broker, real estate agent, orappraIser.4. In cases m which a "waiver valuation" as described above has beenobtained, the <strong>City</strong> shall nevertheless comply with all applicablerequirements for negotiation and purchase <strong>of</strong> such property, as may appl yIunder existing law to any such anticipated property acquisition.After full discussion <strong>of</strong> this matter, Alderman _________ moved thatthe foregoing Resolution be adopted and said motion was seconded by Alderman________, and upon the question being put to a vote, the vote was as follows:Alderman WilliamsAldemJan OliverAldennan AntonowI


325MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61·0226Alderman TaylorAldem1an MayoAldennan MorganIWHEREUPON, the foregoing Resolution was declared passed and adopted at aregular meeting <strong>of</strong> the Mayor and Board <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi;on this, the 21 st day <strong>of</strong> August, 2012.GEORGE "PAT" P ATTERSON, MAYORATTEST:LISA CARWYLE, CITY CLERKII


326 8MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61·226IAPPRAISAL:PROFESSIONAL SERVICES:HORSE BARN LEASE:It was moved by Alderman Morgan, seconded byAlderman Bailey to determine to waive theappraisal process in favor <strong>of</strong> the process allowedunder the newly adopted policy, as to the proposedrental <strong>of</strong> a horse bam. All the aldermen voting aye,Mayor Patterson declared the motion carried.It was moved by Alderman HowelL seconded byAlderman Bailey to authorize the retention <strong>of</strong> DickMarchbanks to provide a letter <strong>of</strong> valuationpursuant to the policy allowing waiver <strong>of</strong> appraisals.All the aldermen voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Bailey, seconded byAlderman Antonow to authorize entry into lease,assuming valuation determining value <strong>of</strong> leaseequals or exceeds amount <strong>of</strong> consideration for thelease. All the aldermen voting aye, MayorPatterson declared the motion carried.III


327MINUTE B~Q~l\~~i\t~Y OF OXFORDDEMENT-MEAl DIAN_~ -0226ST A TE OF MISSISSIPPICOUNTY OF LAFAYETTETHIS LEASE AGREEMENT ("Lease") is made and entered into this day <strong>of</strong>August, 2012, by and between Nancy Dabney ("Lessor"), and the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi("Lessee"), as described below:I1. The term <strong>of</strong> this Lease shall consist <strong>of</strong> a period <strong>of</strong> two (2) years, commencing on August24,2012, and ending on August 23, 2014, unless tenninated earlier, as provided in thisLease.2. The property included in this Lease (the "Premises") is described as follows:Five (5) stalls in the equine barn owned by Lessor and located at 3512 SouthLamar, <strong>Oxford</strong>, Mississippi 38655. Lessee shall also have reasonable use <strong>of</strong> thatcertain lot and pasture land surrounding the bam, as specifically designated byLessor and shown in the drawing attached hereto, for the feeding, grazing,training and exercising <strong>of</strong> Lessee's horses, at times to be determined at thediscretion <strong>of</strong> Lessee. Lessee shall further have reasonable use <strong>of</strong> the Premises forstorage <strong>of</strong> a trailer or trailers used for transporting its horses being boarded at thePremises. Lessee shall store such trailer or trailers in a manner on the Premises asdirected by Lessor.I3. Each stall shall be used for the boarding <strong>of</strong> one individual horse. Lessee will not make orpermit any use <strong>of</strong> the premises, or do or permit any act, including the keeping <strong>of</strong> anything, in orabout the premises, which directly or indirectly, will violate any law, ordinance or regulation; orviolate the terms <strong>of</strong>, or cause any increase in the rate under, any insurance policy covering orrelating to the Premises, except as particularly described herein.4. Lessor(s) agrees that she is solely responsible for retaining applicable policy(ies) for theinsurance <strong>of</strong> the Premises, and that the consideration paid hereunder is sufficient for her topurchase such insurance.5. Should Lessor deem it necessary to obtain medical attention for Lessee's horse(s) in thecase <strong>of</strong> accident, illness, injury, or in the course <strong>of</strong> normal veterinary or fanier care, or otherwise,and is unable to contact Lessee, Lessor is hereby authorized to utilize a veterinarian or farrier <strong>of</strong>her choice to provided necessary veterinary services at the expense <strong>of</strong> Lessee.6. It is mutually agreed that Lessor shall not be responsible for the care and supervision <strong>of</strong>Lessee's horses, and Lessee agrees that all feeding, training, veterinary, medical, fanier, andother related expenses for the care <strong>of</strong> Lessee's horses are the sole responsibility <strong>of</strong> the Lessee.I


3287IVR~JJ!fio~&~J~Jjg5o~~es 9a!IY1'2~QR~s~J?ftl?e(s) tffftf'm"~don the Premises on any fonn <strong>of</strong> equine insurance and will not be responsible for any violation <strong>of</strong>the tem1S <strong>of</strong> a lapse <strong>of</strong> any policy carried by Lessee.8. Lessee agrees to pay to Lessor as rent for the Premises the sum <strong>of</strong> $250.00 per mon 1,prorated for any portion there<strong>of</strong>, for boarding and pasture, on or before the tenth day <strong>of</strong> ea hmonth, commencing on September 10,2012 and continuing regularly and monthly thereafter nor before the first day <strong>of</strong> each month, for the term <strong>of</strong> this Lease as provided herein. As furth rconsideration for this Lease, Lessee shall, at Lessee' s expense, update the current st~Ilconfiguration in Lessor's bam to provide for five stalls <strong>of</strong> reasonable construction for use ~yLessee's horses during the tenn <strong>of</strong> the lease, and Lessee shall repair the tack and supply room foruse by Lessee. The parties anticipate that the cost <strong>of</strong> such repairs and improvements shall 1. eapproximately Two Thousand Five Hundred Dollars ($2,500.00). Such improvements sh IIremain upon the Premises after the tennination <strong>of</strong> the lease. ,I9. On the expiration or other termination <strong>of</strong> the term <strong>of</strong> this Lease, Lessee shali quit at I dsurrender to Lessor the Premises in as good, and as clean, order and condition as such were in ~tthe commencement <strong>of</strong> the term, with the exception <strong>of</strong> n0l111al wear and tear, and t eimprovements herein described.10. This agreement constitutes the entire agreement <strong>of</strong> the parties to this Lease aridsupersedes any prior understandings or written or oral agreement between the parties respecti~gthis subject matter. .IIN WITNESS OF THIS AGREEMENT, the undersigned execute this agreement as <strong>of</strong> t~eday and year first above written.ILESSOR:Nancy Dabney3512 South Lamar<strong>Oxford</strong>, Mississippi 38655LESSEE:<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>By: ------------------------II.... !,


9 329IBMXTRACK:MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61·0226TAXI LICENSE APPEAL:Rob Boyd came before the Mayor and Board <strong>of</strong>~--IAldermen to update them on the BMX Track. TheOPC Board is negotiating a contract with USABMX for operation <strong>of</strong> the track. He will bring thefinal contract back to the Board at a later date forapproval.Clayton Young came before the Mayor and Board<strong>of</strong> Aldermen to ask to be approved as a TaxiCompany. Mike Martin did not recommend hisapproval because he recently plead guilty to amisdemeanor in Justice Court. There was nomotion made by the Board.IITAXI DRIVER:PROHIBITED PARKING:FIRE DEPARTMENTEMPLOYMENT AGE:PROMOTIONS:PROMOTIONS:EMPLOYMENT:It was moved by Alderman Howell, seconded byAlderman Taylor to authorize Delbert Simpson as ataxi driver. All the aldermen voting aye, MayorPatterson declared the motion carried.The Police Department came before the Mayor andBoard <strong>of</strong> Aldermen to discuss their safety concernswith vehicles parking and the large amount <strong>of</strong>people on the streets when bars close. It was movedby Alderman Bailey, seconded by AldermanAntonow to all the closing <strong>of</strong> certain parking spaceson Van Buren and Jackson Avenue from 9:00 p.m.until 2:00 a.m. for public safety and to designatecertain areas for taxi's only. The vote was asfollows:Voting aye- Williams, Oliver, Antonow, Howell,Taylor and BaileyVoting no- MorganMayor Patterson declared the motion carried.This was the first reading <strong>of</strong> the proposed ordinancechange which would lower the employment age forthe Fire Department from twenty-one to eighteen.The public hearing will be at the next boardmeeting.It was moved by Alderman Williams, seconded byAlderman Bailey to authorize the promotion <strong>of</strong>Gary Atkinson, Chris Abernathy and LarryGillespie from Lieutenant to Junior Captain at$39,045.20. All the aldermen voting aye, MayorPatterson declared the motion carried.It was moved by Alderman Bailey, seconded byAlderman Antonow to authorize the promotion <strong>of</strong>Wesley Anderson, Braden Theobald, and EddieMounce from Firefighter/ROO to Junior Lieutenantat a salary <strong>of</strong> $36,560.42. All the aldermen votingaye, Mayor Patterson declared the motion carried.It was moved by Alderman Antonow, seconded byAlderman Taylor to authorize the employment <strong>of</strong>


330 10~~~~~-MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226Jeffrey Taylor, Jamie Phillips and John Tramel asFirefighters with a salary 0[$30,145.00. All thealdermen voting aye, Mayor Patterson declared themotion carried.RESIGNATION:EXECUTIVE SESSION:REGULAR SESSION:PROMOTION:DISCIPLINARY ACTION:ADJOURN:It was moved by Alderman Williams, seconded byAlderman Taylor to accept the resignation <strong>of</strong>Edward Schultz as dispatcher with OPD. All thealdermen voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Howell, seconded byAlderman Antonow to consider executive sessionfor two personnel issues and two property issues.All the aldermen present voting aye, MayorPatterson declared the motion carried.It was moved by Alderman Howell, seconded byAlderman Williams to go into executive session.All the aldermen present voting aye, MayorPatterson declared the motion carried.It was moved by Alderman Howell, seconded byAlderman Williams to come out <strong>of</strong> executivesession and return to regular session. All thealdermen present voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Antonuw, secunded byAlderman Bailey to authorize the promotion <strong>of</strong> JohnLevy to Assistant Chief in the Fire Department. Allthe aldermen present voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Howell, seconded byAlderman Williams to suspend an employee in thePolice Department for two days without pay. Allthe aldermen present voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Bailey, seconded byAlderman Williams to adjourn the meeting sine-die.All the aldermen present voting aye, MayorPatterson declared the motion carried.IIGeorge G. Patterson, MayorLisa Carwyle, <strong>City</strong> ClerkI


1 331MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61·0226UNITED STATES OF AMERICASTATE OF MISSISSIPPIICOUNTY OF LAFAYETTECITY OF OXFORDREGULAR MEETINGSeptember 4, 20126:00 p.m.CALL TO ORDER:The meeting <strong>of</strong> the Mayor and Board <strong>of</strong> Aldermen<strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, was called toorder by Mayor Patterson at 6:00 p.m. on Tuesday,September 4, 2012, in the court room <strong>of</strong> <strong>City</strong> Hallwhen and where the following were present:George G. Patterson - MayorNey Williams- Alderman Ward IE.O. Oliver- Alderman Ward IIJanice Antonow- Alderman Ward IIIUlysses Howell- absentPreston Taylor- Alderman Ward VJason Bailey- Alderman Ward VIJohn Morgan- Alderman at LargeIMayo Mallette PLLC - Of CounselBart Robinson- Director <strong>of</strong> Public WorksLisa Carwyle- <strong>City</strong> ClerkTim Akers - Dir <strong>of</strong> PlanningRob Neely - Supt. <strong>of</strong> Electric Dept.Mike Martin- Chief <strong>Oxford</strong> Police DeptCary Sallis- Chief <strong>of</strong> Fire DeptEddie Anderson- Dir. <strong>of</strong> SanitationAl Hope- Dir <strong>of</strong> Human ResourcesRob Boyd- Dir <strong>of</strong> Parks & RecJimmy Allgood- Emergency Mang. DirectorRandy Barber- Director <strong>of</strong> BuildingBilly Lamb- Supt. <strong>of</strong> Bldg & GroundsAGENDA:It was moved by Alderman Williams, seconded byAlderman Bailey to adopt the agenda for themeeting. All the aldermen present voting aye,Mayor Patterson declared the motion carried.MAYOR'S REPORT:IWell to say that we had an active weekend would be an understatement. We have apretty long agenda, but I want to make two main points.First regards the weather. Jimmy Allgood told me we had between 4 to 6 inches <strong>of</strong> rainearly Monday morning. There were a number <strong>of</strong> water issues around town and we areworking on them on a priority bases. A major problem with one <strong>of</strong> our largest sewerlines has slowed us down. Its failure was probably weather related, but it has to take toppriority. Bart will report more fully in a little bit. We will never be able to perfectlyhandle that much rain in that short a period <strong>of</strong> time, but we are making progress. Theproblem at Notting Hill certainly was not as bad and efforts seem to be effective. I wantto thank many on the staff who gave up their holiday to come back in and help everyone.Secondly, we have all noticed a spike in vandalism, thefts, fights and destruction <strong>of</strong>private property around the Square this semester. I met with both Chiefs this morning


332 2MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61 -226and I'm letting those involved know-student and non-student alike that we are about tocrack down. We do not want you in a vehicle drinking and driving, we have stated thatmany times, but we will not tolerate the activity that seems to have exploded thissemester. If we can't catch your attention with pleas and fines, jail time is about to beinvolved. You have been warned.MINUTES:ACCOUNTS:SCHOOL DISTRICTBUILDING PERMITS:PLANNING COMMISSION:PLANNING COMMISSION:PLANNING COMMISSION:PLANNING COMMISSION:It was moved by Alderman Antonow, seconded byAlderman Morgan to adopt the minutes <strong>of</strong> theregular meeting on August 21, 2012. All thealdermen present voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Oliver, seconded byAlderman Bailey to approve the payment <strong>of</strong> allaccounts for the <strong>City</strong>. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried.Brian Harvey, Superintendent for <strong>Oxford</strong> SchoolDistrict, came before the Mayor and Board <strong>of</strong>Aldermen to ask for a waiver <strong>of</strong> all building permitfees associated with the new high school. RandyBarber discussed with the Board that the buildingpermit fee was $59,765.00 and the remainingpennits for electrical, mechanical, plumbing, gas,and fire inspection would be between $25,000.00and $40,000.00.It was moved by Alderman Morgan, seconded byAlderman Bailey to authorize the BuildingDepartment to waive all fees up to $80,000.00 forthe construction <strong>of</strong> the new high school. All thealdermen present voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Bailey, seconded byAlderman Antonow to authorize the appointment <strong>of</strong>Michael Harmon as Chairman <strong>of</strong> the PlarrningCommission. All the aldermen present voting aye,Mayor Patterson declared the motion carried.It was moved by Alderman Morgan, seconded byAlderman Antonow to authorize the reappointment<strong>of</strong> Gloria Kellum and John R. Bradley to thePlarrning Commission. All the aldermen votingaye, Mayor Patterson declared the motion carried.It was moved by Alderman Williams, seconded byAlderman Antonow to appoint DarrayialWhittington to the Planning Commission. All thealdermen voting aye, Mayor Patterson declared themotion carried.Mayor Patterson annonnced a vacancy on thePlarrning Commission, Carter Myers has resignedfrom the Plarrning Commission.III


3333MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226IIIDOWNTOWN PARKINGORDINANCE AMENDMENT:RECYCLING CENTER:EMERGENCY WORK:ORDINANCE 2012-5:ORDINANCE 2012-6:V ACUUM TRUCK:This was the public hearing <strong>of</strong> the proposed changesto Section 102 Article XVII Stopping, Standing,Restricted or Prohibited on Certain Streets <strong>of</strong> theCode <strong>of</strong> Ordinances. Members <strong>of</strong> the ParkingCommission discussed the proposed changes to theboard and the public. Alderman Antonow askedabout changing the time for enforcement fromending at 8:00 p.m. to possibly ending at 7:00 p.m.The Commission is meeting Friday and they willdiscuss the possibility at their meeting. Someonefrom the audience questioned whether the parkingwould be enforced on Saturday. The ordinancecurrently allows enforcement on Saturday and itwould remain the same. The final reading and votewill be at the next board meeting.It was moved by Alderman Oliver, seconded byAlderman Antonow to authorize agreement <strong>of</strong> workservice at Recycling Center from North MississippiRegional Center clients in the amount <strong>of</strong>$28,000.00. All the aldermen voting aye, MayorPatterson declared the motion carried.Bart Robinson reported to the board on the repairsto a main sewer trunk line on Frontage Road. ThePublic Works department is working hard to get thenecessary repairs done to the line and then rebuildthe road. He expects it to take approximately oneweek to finish the project.It was moved by Alderman Antonow, seconded byAlderman Bailey to adopt Ordinance 2012-, "ANORDINANCE ADDING CHAPTER 98, ARTICLE7, OF THE CODE OF ORDINANCES OF THECITY OF OXFORD, MISSISSIPPI STREET,TRENCHING AND RIGHT-OF-WAYMANAGEMENT ORDINANCE". Said Ordinanceis recorded in <strong>Book</strong> 7 <strong>of</strong> the Code <strong>of</strong> Ordinances.All the aldermen present voting aye, MayorPatterson declared the motion carried.It was moved by Alderman Morgan, seconded byAlderman Bailey to adopt Ordinance 2012-6 "ANORDINANCE ADDING CHAPTER 114,ARTICLE 7, OF THE CODE OF ORDINANCESOF THE CITY OF OXFORD, MISSISSIPPISTREET, TELECOMMUNICATIONS PERMITORDINANCE." Said Ordinance is recorded in<strong>Book</strong> 7 <strong>of</strong> the Code <strong>of</strong> Ordinances. All thealdermen present voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Antonow, seconded byAlderman Oliver to authorize permission toadvertise for a vacuum truck. All the aldermenvoting aye, Mayor Patterson declared the motioncarried.


~I3344MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61 -226UTILITY LOCATORTRAINING:ANNUAL BIDS:INDOOR PRACTICEFACILITY:STORMW ATER DETENTIONAT AVENT PARK:SOLID WASTE ASSISTANCEGRANT:KEEP MS BEAUTIFUL:KEEP MS/ AL BEAUTIFUL:CERTIFIED POWEREXECUTIVE COURSES:It was moved by Alderman Williams, seconded byAlderman Bailey to authorize permission foremployee to attend the Mississippi Summit, Utilitylocator training in Tunica, MS with a cost <strong>of</strong>$855.00. All the aldermen voting aye, MayorPatterson declared the motion carried.It was moved by Alderman Oliver, seconded byAlderman Bailey to accept the bids for annualmaterials and supplies in the Public WorksDepartment. All the aldermen voting aye, MayorPatterson declared the motion carried.It was moved by Alderman Morgan, seconded byAlderman Bailey to authorize permission toadvertise for shell for Indoor Practice Facility atFNC. All the aldermen voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Williams, seconded byAlderman Taylor to authorize advertisement forstorm water detention at Avent Park. All thealdermen voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Morgan, seconded byAlderman Antonow to authorize application for aSolid Waste Assistance Grant from MS Department<strong>of</strong> Environmental Quality in the amonnt <strong>of</strong>$25,000.00 for roll <strong>of</strong>f recycling bins. All thealdermen voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Antonow, seconded byAlderman Bailey to accept the donation <strong>of</strong> $500.00from Keep Mississippi Beautiful. All the aldermenvoting aye, Mayor Patterson declared the motioncarried.It was moved by Alderman Antonow, seconded byAlderman Bailey to authorize permission for anemployee to travel to Keep ALiMS Beautifulannual conference in Montgomery, AL to be paidby Keep MS Beautiful contribution. All thealdermen voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Bailey, seconded byAlderman Williams to authorize permission forSuperintendent to attend Certified Power ExecutiveCourses in Nashville, TN on September 25-26,2012 in the amonnt <strong>of</strong> $1 ,462.00. All the aldermenvoting aye, Mayor Patterson declared the motioncarried.III


5 335MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61-0226IMS WIRELESSCOMMUNICA TIONSCOMMISSION:2012-2013 BUDGET:It was moved by Alderman Antonow, seconded byAlderman Taylor to authorize Mayor Patterson tosign MOU with MS Wireless CommunicationsCommission. All the aldermen voting aye, MayorPatterson declared the motion carried.This was the public hearing on the proposed 2012-2013 budget. Lisa Carwyle, <strong>City</strong> Clerk, presentedthe following graphs. There was no comment fromthe public.II


l ,~~0\"""II1II$515,000.00,2%REVENUES2013 Revenues$1,481,670.00,7%• Ad Valorem Tax• Other taxes;II licenses & Permits• Sales Tax• Other Intergovernmental RevenuesfI Governmental Services;a Fines & Forfeits,I MiscellaneousInterfund Transferss::- ZC-ImIIIo!O'"!IZo.0')eN.(")- ~o."o>


",t'-­!'f')!'f')ca::: I'01U.>


~- --EXPENSESGeneral Fund 2013Capital Outlay11%Other Serv & Chrg18%m Persona! Services• Supplieso Other Serv & Chrgo Capital OutlayQCI~~


...,Q\~~ca:oLL>~-(.)~('t)(0•oz~omw~::JZ-:E35.0030.0025.0020.0015.0010.005.000.00,/I'V r---... .....Mill Rate.....'-./ ",-1995199619971998199920002001200220032004200520062007200820092010201120122013- - -


~-- -----CITY & SCHOOL MILL RATEca:oL1.XoL1.o>1I-011~ I('I)cociz~oCDWI­::lZ- ~<strong>City</strong> Schools, 54.48,68%Mill Rate ComparisonLibrary, 1.02, 1%m<strong>City</strong> General Fund• Libraryo <strong>City</strong> Bond & Into <strong>City</strong> SchoolsQ~~


<strong>63</strong>41MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT MERI~IIISQUARE BOOKS:RESERVE OFFICERS:TAXI DRIVER PERMITS:TAXI COMPANY:TRAINING:PUBLIC HEARING:TITLE VI CERTIFICATION:EMPLOYMENT:RESIGNATION:ADVERTISEMENT:It was moved by Aldennan Taylor, seconded byAlderman Antonow to authorize two police <strong>of</strong>ficersto provide security for Square <strong>Book</strong>s' CarolineKennedy's book signing. All expenses will be paidby Square <strong>Book</strong>s. All the aldennen present votingaye, Mayor Patterson declared the motion carried.It was moved by Alderman Morgan, seconded byAlderman Bailey to approve Shawn Doyle, JerrickWilson and Michael Ingram as reserve <strong>of</strong>ficers.All the aldennen voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Morgan, seconded byAlderman Antonow to approve Mark Mooneyham,Je<strong>of</strong>frey Gordon and Rebecca Long as taxi drivers.All the aldermen voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Williams, seconded byAldennan Bailey to approve Ghost Taxi as a taxicompany. Stewart Vaughn is the owner. All thealdennen voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Antonow, seconded byAlderman Bailey to approve two <strong>of</strong>ficers to attendtraining at ICC-Belden at a cost <strong>of</strong>$180.00. All thealdermen voting aye, Mayor Patterson declared themotion carried.This was the public hearing for the proposedordinance change which would lower the age <strong>of</strong>employment for firefighters from twenty-one toeighteen. There was no comment from the public.The final reading and vote will be at the next boardmeeting.It was moved by Aldennan Williams, seconded byAlderman Antonow to authorize Mayor to signAnnual Title VI Certification <strong>of</strong> No-ChangeAffidavit. All the aldennen voting aye, MayorPatterson declared the motion carried.It was moved by Aldennan Bailey, seconded byAldennan Oliver to authorize employment <strong>of</strong> KyleConner as a firefighter with an annual salary <strong>of</strong>$30,145.00. All the aldennen voting aye, MayorPatterson declared the motion carried.It was moved by Alderman Williams, seconded byAlderman Taylor to accept the resignation <strong>of</strong> BethRaspberry in the Police Department. All thealdennen voting aye, Mayor Patterson declared themotion carried.It was moved by Aldennan Antonow, seconded byAlderman Bailey to authorize the advertisement forAdministrative Assistant to the Chief <strong>of</strong> Police. AllII


342 7I~~~~~~-IEMPLOYMENT:MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT'MERIDIAN 61·226the aldermen voting aye, Mayor Patterson declaredthe motion carried.It was moved by Alderman Bailey, seconded byAlderman Williams to authorize employment <strong>of</strong>five <strong>of</strong>ficers in the Police Department. BrittanyGilleylen, Scott Denton, and Shane Fortner asPatrol Officers with a salary <strong>of</strong> $31 ,328.89. RyanWinters with a salary <strong>of</strong> $37,408.34 and DonovanLyons with a salary <strong>of</strong> $43,366.5 I. All thealdermen voting aye, Mayor Patterson declared themotion carried.~--i1IITRANSFER:RESIGNATION:ADVERTISEMENT:EXECUTIVE SESSION:REGULAR SESSION:CONTRACT:RECESS:It was moved by Alderman Morgan, seconded byAlderman Bailey to approve the transfer <strong>of</strong> PeytonRobinson from apprentice lineman to servicemanwith a salary <strong>of</strong> $40,877.00. All the aldermenvoting aye, Mayor Patterson declared the motioncarried.It was moved by Alderman Morgan, seconded byAlderman Bailey to accept the resignation <strong>of</strong>Derrick Millner in the Electric Department. All thealdermen voting aye, Mayor Patterson declared themotion carried.1 t was moved by Alderman Antonow, seconded byAlderman Williams to authorize the advertisementfor an apprentice lineman in the ElectricDepartment. All the aldermen voting aye, MayorPatterson declared the motion carried.It was moved by Alderman Morgan, seconded byAlderman Bailey to consider executive session forone personnel issue and three potential Ii tigationissues. All the aldermen present voting aye, MayorPatterson declared the motion carried.It was moved by Alderman Morgan, seconded byAlderman Antonow to go into executive session.All the aldermen present voting aye, MayorPatterson declared the motion carried.It was moved by Alderman Antonow, seconded byAlderman Oliver to come out <strong>of</strong> executive sessionand return to regular session. All the aldermenpresent voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Antonow, seconded byAlderman Morgan to accept the contract with Belkproperty as presented by counsel with a change to4.1 paragraph to reflect parking licenses instead <strong>of</strong>an easement and a change to include the BlueMarlin building be demolished completely. All thealdermen present voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Bailey, seconded byAlderman Antonow to recess the meeting untilII


1343UNITED STAlMWUillmzBDOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226STATE OF MISSISSIPPICOUNTY OF LAF A YETTECITY OF OXFORDIIRECESSED MEETINGCALL TO ORDER:AGENDA:GENERAL OBLIGATIONBONDS:September 11, 20124:00 p.m.Pursuant to the order <strong>of</strong> September 4, 2012 the Mayor andBoard <strong>of</strong> Aldermen did meet at 4:00 p.m. on Tuesday,September 11, 2012 in the conference room <strong>of</strong> the <strong>Oxford</strong><strong>City</strong> Hall when and where the following were present:George "Pat" Patterson - MayorNey Williams- Alderman Ward IE.O. Oliver- Alderman Ward II - absentJanice Antonow- Alderman Ward IIIUlyssess Howell- Alderman Ward IVPreston Taylor - Alderman Ward VJason Bailey- Alderman Ward VIJohn Morgan- Alderman At LargeBart Robinson-Chief Operations OfficerLisa Carwyle- <strong>City</strong> ClerkAl Hope - Director <strong>of</strong> Human ResourcesIt was moved by Alderman Morgan, seconded byAlderman Howell to adopt the agenda for the meeting. Allthe aldermen voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Antonow, seconded byAlderman Bailey to adopt the following resolution for bidsfor the $5,500,000.00 General Obligation Bonds. All thealdermen present voting aye, Mayor Patterson declared themotion carried.I


344~.I.. ~!~MI~n §~o9s!s:J~!g·th~~t~IJXe QEnQ?5r~eQBqliga~Irffl't\!ffim'tif'the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi and, after a discussion <strong>of</strong> the subject matter, AldermanI: -------- <strong>of</strong>fered and moved the adoption <strong>of</strong> the following resolution:RESOLUTION AWARDING THE SALE OF FIVE MILLION FIVEHUNDRED THOUSAND DOLLARS ($5,500,000) CITY OF OXFORD,MISSISSIPPI GENERAL OBLIGATION BONDS (CAPITALIMPROVEMENTS ISSUE), SERIES 2012; DIRECTING THE ISSUANCEOF SAID BONDS; PRESCRIBING THE FORM AND DETAILS OF SAIDBONDS; PROVIDING CERTAIN COVENANTS OF THE CITY OFOXFORD, MISSISSIPPI IN CONNECTION WITH SAID BONDS;DIRECTING THE PREPARATION, EXECUTION AND DELIVERYTHEREOF; AUTHORIZING THE PREPARATION AND DISTRIBUTIONOF A FINAL OFFICIAL STATEMENT IN CONNECTION WITH SAIDBONDS; PROVIDING FOR THE LEVY OF TAXES FOR THE PAYMENTTHEREOF; AND FOR RELATED PURPOSES.IWHEREAS, the Mayor and Board <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi (the,1"Governing Body"), acting for and on behalf <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi (the "<strong>City</strong>") isl'authorized by Sections 21-33-301 et seq, Mississippi Code <strong>of</strong> 1972, as amended (the "Act") toissue bonds for the purposes set forth therein, including, but not limited to, (a) erecting municipal'buildings and athletic stadiums, preparing and equipping athletic fields, and purchasing buildingsor land therefor, and for repairing, improving, adorning and equipping the same; (b),constructing, improving or paving streets, sidewalks, driveways, parkways, walkways or publicparking facilities, and purchasing land therefor; (c) purchasing land for parks and publicplaygrounds, and improving, equipping and adorning the same, including the constructing,:repairing and equipping <strong>of</strong> recreational facilities; and (d) purchasing fire-fighting equipment and lapparatus, and providing housing for same and purchasing land therefor; andWHEREAS, Governing Body adopted a resolution on July 17, 2012 (the "IntentResolution"), declaring its intention to issue general obligation bonds <strong>of</strong> the <strong>City</strong> (the "Bonds")in the aggregate principal amount <strong>of</strong> not to exceed Five Million Five Hundred Thousand Dollars i($5,500,000) in accordance with the Act to raise money for the purposes <strong>of</strong> (a) erecting Imunicipal buildings and athletic stadiums, preparing and equipping athletic fields, and Ipurchasing buildings or land therefor, and for repairing, improving, adorning and equipping the Isame. (b) constructing. improving or paving streets, sidewalks, driveways, parkways, walkwayslor public parking facilities, and purchasing land therefor. (c) purchasing land for parks and:public playgrounds, and improving, equipping and adorning the same, including theconstructing. repairing and equipping <strong>of</strong> recreational facilities, and (d) purchasing fIre-fightingequipment and apparatus, providing housing for same and purchasing land therefor (the·"Project"): andIIWHEREAS, as required by the Intent Resolution and Section 21-33-307 <strong>of</strong> the Act, alNotice <strong>of</strong> Resolution Evidencing Intent to Issue General Obligation Bonds <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>,'Mississippi (the "Notice <strong>of</strong> Resolution") was published in The (}xjiJ/'d Eagle, a newspaperpublished in and having a general circulation in the <strong>City</strong> and qualified under the provisions <strong>of</strong>lSection 13-3-31, Mississippi Code <strong>of</strong> 1972, as amended, on on July 26 and August 2,9. and 16,I


3452012, said publMlN Y'1(E'~o~ 6afcCtTYe£)J;,i(j)XliQljiDicat~PJM)tERID"N"0226. ..2012, and the last publication being made not more than seven (7) days prior to such date; andWHEREAS, as <strong>of</strong> the hour <strong>of</strong> 6:00 p.m. on August 21, 2012, no qualified elector <strong>of</strong> the<strong>City</strong> had filed a written protest or objection <strong>of</strong> any kind or character against the issuance <strong>of</strong> saidbonds with the <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> (the "Clerk") or any member <strong>of</strong> the Governing Body; andIWHEREAS, at the hour <strong>of</strong> 6:00 p.m. on August 21, 2012, at the usual meeting place <strong>of</strong>the Governing Body, in the <strong>City</strong> Hall located at 107 Courthouse Square in the <strong>City</strong>, all personspresent or represented by counselor otherwise were given the opportunity to be heardconcerning the issuance <strong>of</strong> said bonds and the purposes for which said bonds will be issued andno protest or objection <strong>of</strong> any kind or character against the issuance <strong>of</strong> said bonds or the purposesfor which they are to be issued was presented; andWHEREAS, on August 21, 2012, the Governing Body adopted a resolution finding anddetermining that the Notice <strong>of</strong> Resolution was duly published as required by law and that nowritten protest or other objection <strong>of</strong> any kind or character against the issuance <strong>of</strong> said bonds wastiled by qualified electors <strong>of</strong> the <strong>City</strong> and authorizing and approving the issuance <strong>of</strong> said bonds toraise money for the Project, all in accordance with the Act; andWHEREAS, on August 21, 2012, the Governing Body adopted a resolution (the "SaleResolution") authorizing the issuance <strong>of</strong> $5,500,000 <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> Mississippi GeneralObligation Bonds (Capital Improvements Issue), Series 2012 (the "Bonds"), approving the form<strong>of</strong> and authorizing the publication <strong>of</strong> a Notice <strong>of</strong> Bond Sale (the "Notice <strong>of</strong> Sale") in connectionwith the Bonds and approving the form <strong>of</strong> and authorizing the distribution <strong>of</strong> a PreliminaryOfficial Statement (the "Preliminary Official Statement") in connection with the Bonds and atinal Official Statement (the "Official Statement") relating thereto; andIWHEREAS, pursuant to the direction <strong>of</strong> the Sale Resolution, the Notice <strong>of</strong> Sale waspublished in The <strong>Oxford</strong> Eagle, a newspaper published in and having a general circulation in the<strong>City</strong> and qualified under the provisions <strong>of</strong> Section 13-3-31, Mississippi Code <strong>of</strong> 1972, asamended, on August 30, 2012 and September 6,2012, in the form attached hereto as Exhibit Aand made a part here<strong>of</strong>; andWHEREAS, at or prior to the hour <strong>of</strong> 4:00 o'clock p.m., Mississippi time, on this 11 thday <strong>of</strong> September, 2012, there were filed with the Clerk, acting for and on behalf <strong>of</strong> theGoverning Body L-.-J sealed bids for the purchase <strong>of</strong> all <strong>of</strong> the Bonds as follows:NameNet InterestCost Rate2I


346and a c1~U~Val~oliiR9v~ ~qlim6Q~~~11'k£1~1l2~fsa2t~!?lars (~t~~e.. as evidence <strong>of</strong> the good faith <strong>of</strong> each bidder accompanied each <strong>of</strong> said bids; and IWHEREAS, copies <strong>of</strong> each <strong>of</strong> said bids are attached hereto as Exhibit B and made a part:here<strong>of</strong>; andWHEREAS, the Governing Body has read and considered each <strong>of</strong> said bids at length anddetermined that said bids are in accordance with the terms and provisions <strong>of</strong> the Notice <strong>of</strong> Sale;andWHEREAS, the Governing Body directed Government Consultants, Inc. (the "FinancialAdvisor") to verify which bid produced the lowest net interest cost rate (as defined in the Notice!I<strong>of</strong> Sale) for the Bonds; andIIIWHEREAS, the bid <strong>of</strong>(the "Purchaser") produces the lowest netl'interest cost rate for the Bonds and said bid computes to a net interest rate <strong>of</strong>%; andWHEREAS, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC ("Bond Counsel")has examined the bid <strong>of</strong> the Purchaser and declared it to be in legal form and in accordance with,the terms and provisions <strong>of</strong> the Notice <strong>of</strong> Sale: andIWHEREAS, it is the opinion <strong>of</strong> the Governing Body that the best interest <strong>of</strong> the <strong>City</strong> willbe served by the acceptance <strong>of</strong> the aforesaid bid <strong>of</strong> the Purchaser; andIWHEREAS, the issuance <strong>of</strong> the Bonds for the purpose <strong>of</strong> raising money to finance theProject will result in a substantial public benefit to the citizens <strong>of</strong> the <strong>City</strong>; andWHEREAS, it has now become necessary that the Governing Body proceed to make iprovision for the preparation, execution, issuance and delivery <strong>of</strong> the Bonds.INOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OFALDERMEN OF THE CITY OF OXFORD, MISSISSIPPI, ACTING FOR AND ONBEHALF OF SAID CITY, AS FOLLOWS:SECTION 1. The bid <strong>of</strong> the Purchaser is hereby declared to be the best responsible bidand the one <strong>of</strong>fering to purchase the <strong>City</strong>'s $5,500,000 General Obligation Bonds (CapitalImprovements Issue), Series 2012 at such price and such rates <strong>of</strong> interest as will produce the10\Vest net interest cost rate for the <strong>City</strong>.ISECTION 2. The bid <strong>of</strong> the Purchaser be and the same is hereby accepted, subject to theconditions <strong>of</strong> the Notice <strong>of</strong> Sale. and in accordance with said bid the Bonds shall bear interest atthe following rates: . I3I


.,347IIMIN" _ ERIDIAN61-0226Year Amount Coupon Year Amount Coupon2013 $305,000 2021 $375,0002014 315,000 2022 385,0002015 320,000 2023 395,0002016 330,000 2024 400,0002017 340,000 2025 410,0002018 345,000 2026 425,0002019 355,000 2027 435,0002020 365,000The Mayor <strong>of</strong> the <strong>City</strong> (the "Mayor") and the Clerk are hereby empowered and directedto accept said bid in the manner provided in the bid, and the good faith check received with saidbid, in the sum <strong>of</strong> One Hundred Ten Thousand Dollars ($110,000.00), shall be collected,deposited and invested by the <strong>City</strong> in accordance with the terms <strong>of</strong> the Notice <strong>of</strong> Sale, and shallbe applied in part payment for the Bonds or to secure the <strong>City</strong> from any loss resulting from thefailure <strong>of</strong> the Purchaser to comply with the terms <strong>of</strong> its bid. All other good faith checks shall bereturned to the respective unsuccessful bidders by the Clerk.SECTION 3. Proceeding under the authority <strong>of</strong> the Act, there shall be and there arehereby authorized and directed to be issued General Obligation Bonds (Capital ImprovementsIssue), Series 2012 <strong>of</strong> the <strong>City</strong> in the aggregate principal amount <strong>of</strong> Five Million Five HundredThousand Dollars ($5,500,000). In consideration <strong>of</strong> the purchase and acceptance <strong>of</strong> any and all<strong>of</strong> the Bonds by the registered owners there<strong>of</strong>, this resolution shall constitute a contract betweenthe <strong>City</strong> and the registered owners trom time to time <strong>of</strong> the Bonds. The pledge made herein andthe covenants and agreements herein set forth to be performed on behalf <strong>of</strong> the <strong>City</strong> shall be forthe equal benefit, protection and security <strong>of</strong> the registered owners <strong>of</strong> any and all <strong>of</strong> the Bonds, all<strong>of</strong> which, regardless <strong>of</strong> the time or times <strong>of</strong> their authentication and delivery or maturity, shall be<strong>of</strong> equal rank without preference, priority or distinction. Pursuant to the Act, the Bonds shall begeneral obligations <strong>of</strong> the <strong>City</strong>, and the full faith, credit and taxing power <strong>of</strong> the <strong>City</strong> are herebyirrevocably pledged for the payment <strong>of</strong> the principal <strong>of</strong> and interest on the Bonds. For thepurposes <strong>of</strong> effectuating and providing for the payment <strong>of</strong> the principal <strong>of</strong> and interest on theBonds, as the same shall respectively mature and accrue, there shall be, and is hereby, levied tothe extent necessary therefore a direct, continuing special tax upon all <strong>of</strong> the taxable propertywithin the geographical limits <strong>of</strong> the <strong>City</strong>, adequate and sufficient, after allowance shall havebeen made for the expenses <strong>of</strong> collection and delinquencies in the payment <strong>of</strong> taxes, to producesums required for the payment <strong>of</strong>the principal <strong>of</strong> and the interest on the Bonds. Said tax shall beextended upon the tax rolls and collected in the same manner and at the same time as other taxes<strong>of</strong> the <strong>City</strong> are collected, and the rate <strong>of</strong> tax which shall be so extended shall be sufficient in eachyear fully to produce the sums required as aforesaid, without limitation as to rate or amount. Theavails <strong>of</strong> said tax are hereby irrevocably pledged for the payment <strong>of</strong> the principal <strong>of</strong> and intereston the Bonds as the same shall respectively mature and accrue. Should there be a failure in anyyear to comply with the requirements <strong>of</strong> this Section 3, such failure shall not impair the right <strong>of</strong>the registered owners <strong>of</strong> any <strong>of</strong> the Bonds in any subsequent year to have adequate taxes leviedand collected to meet the obligations <strong>of</strong> the Bonds, both as to principal and interest.4I


I,348M!N\blli. Ii\~n~ ~a~be6~tectG!IXh9f 7g~~9~e~ imef~TMfm~m. date at the rates per annum set forth in Section 2 above (computed on the basis <strong>of</strong> a three!hundred sixty (360) day year <strong>of</strong> twelve (12). thirty (30) day months). payable on September Iiand March 1 <strong>of</strong> each year, commencing September 1,2013; and shall mature on September 1 inthe years and in the principal amounts set forth in Section 2 above.,SECTION 5. The Bonds shall be issued as fully registered bonds in the denomination I<strong>of</strong> $5,000 or any integral multiple there<strong>of</strong> and shall be numbered from R-I upwards withou:regard to maturity.,SECTION 6. The Bonds maturing September 1,2021 and thereafter will be subject t 'redemption prior to their respective maturities, at the option <strong>of</strong> the <strong>City</strong>, on and after Septembe~1. 2020, either in whole on any date, or in part on any interest payment date, as selected by the<strong>City</strong> among maturities, and by lot within each maturity. at the principal amount there<strong>of</strong>, togetherwith accrued interest to the date fixed for redemption and without premiwll.INotice <strong>of</strong> each such redemption shall be mailed, postage prepaid, not less than thirty (30}days prior to the redemption date, to all registered owners <strong>of</strong> the Bonds to be redeemed at theirladdresses as they appear on the registration books <strong>of</strong> the <strong>City</strong> kept by the Paying and TransfenAgent (as hereinafter defined).IOn the date designated for redemption, notice having been mailed to the registere~owners <strong>of</strong> the Bonds to be redeemed as provided in the second paragraph <strong>of</strong> this Section 6, andlmonies sufficient for the payment <strong>of</strong> the redemption price <strong>of</strong> said Bonds being held by th9Paying and Transfer Agent or an escrow agent, the Bonds so called for redemption shall becom,due and payable at the redemption price provided for the redemption <strong>of</strong> such Bonds on such date"interest on such Bonds shall cease to accrue, such Bonds shall cease to be entitled to any lien,!benefit or security under this resolution and shall no longer be deemed to be outstandinghereunder, and the registered owners shall have no rights in respect there<strong>of</strong> except to receivepayment <strong>of</strong> the redemption price there<strong>of</strong> (including interest accrued to such redemption date)from the funds held for that purpose.SECTION 7. (a) Notwithstanding anything to the contrary in this resolution, so long asthe Bonds are being held under a book-entry system, transfers <strong>of</strong> beneficial ownership <strong>of</strong> theBonds will be affected pursuant to rules and procedures established by the Securities Depository.F or the purposes <strong>of</strong> this resolution, "Securities Depository" shall mean a recognized securitiesdepository (or its successor or substitute) selected by the <strong>City</strong> to act as the securities depositoryl,maintaining a book-entry transfer system for the Bonds.II(b) As long as a book-entry system is in effect for the Bonds, the Securities,Depository Nominee will be recognized as the registered owner <strong>of</strong> the Bonds for the purposes <strong>of</strong>(1) paying the principal <strong>of</strong> or interest on such Bonds, (2) giving any notice permitted or requiredto be given to registered owners under this resolution, (3) registering the transfer <strong>of</strong> such Bonds,'and (4) requesting any consent or other action to be taken by the registered owners <strong>of</strong> suchBonds, and for all other purposes whatsoever, and neither the <strong>City</strong> nor the Paying and Transfe~Agent (as hereinafter defined) shall be affected by anv-notice to the contrary. For the purposes',5I.... i


349<strong>of</strong> this reso luti


350Bonds .. MI~Y;r~d~y~9~JJn~e~i1s~~dk~Jt!'{yQ(g~af9n~Qith ~"1WM6principal <strong>of</strong> and interest on Bonds and notices shall be made and given, respectively, to DTe. I(!) As long as the book-entry-only system is used for the Bo~ds, au.y notice orlredemptIOn or any other notIces reqUIred to be gIven to regIstered owners WIll be gIven only tol,DTC. Any failure <strong>of</strong> DTC to advise any DTC Participant, or <strong>of</strong> any DTC Participant to notify Iany Indirect Participant, or <strong>of</strong> any DIC Participant or Indirect Participant to notify anyBeneficial Owner, <strong>of</strong> anv such notice and its content or effect will not affect the validitv <strong>of</strong> theredemption <strong>of</strong> the Bond~ called for redemption or <strong>of</strong> any other action premised on such notice.!Conveyance <strong>of</strong> notices and other communications by DIC to DTC Participants, by DTCParticipants to Indirect Participants and by DTC Participants and Indirect Participants toBeneficial Owners will be governed by arrangements among them, subject to any statutory and!regulatory requirements as may be in effect from time to time. Beneficial Owners may desire tomake arrangements with a DTC Participant or Indirect Participant so that all notices <strong>of</strong>.redemption or other communications to DIC which affect such Beneficial Owners will beforwarded in wTiting by such DTC Participant or Indirect Participant.ISECTION 8, The principal <strong>of</strong> the Bonds shall be payable in lawti.11 money <strong>of</strong> the United iStates <strong>of</strong> America upon presentation and surrender there<strong>of</strong> as the same shall become due at a Ibank or trust company located within or without the State to serve as paying agent, transfer agent;and registrar <strong>of</strong> the Bonds (the "Paying and Transfer Agent"). Subject to the provisions 0Section 7 here<strong>of</strong>, interest will be payable by check or draft drawn upon the Paying and TransferAgent, made payable to the registered owner named in, and mailed to the address <strong>of</strong> theregistered owner as it shall appear on the registration books <strong>of</strong> the <strong>City</strong> for the Bonds as <strong>of</strong> theclose <strong>of</strong> business on the date which shall be the fifteenth (15th) day (whether or not a businessday) <strong>of</strong> the calendar month next preceding each interest payment date, which registration booksshall be held by the Paying and Transfer Agent.SECTION 9. Pursuant to the authority granted by the Act and the Registered Bond Act, 'being Section 31-21-1 et seq., Mississippi Code <strong>of</strong> 1972, as amended (the "Registered Bond IAct"), the Bonds shall be executed by the manual or facsimile signature <strong>of</strong> the Mayor and the<strong>of</strong>ficial seal <strong>of</strong> the <strong>City</strong> shall be affixed or lithographed or otherwise reproduced thereon, attested:by the Clerk, and the Bonds shall be authenticated by the Paying and Transfer Agent. ThePaying and Transfer Agent shall authenticate each Bond by executing the Paying and TransferAgent's Certificate thereon and no Bond shall be valid or become obligatory for any purposeuntil such certificate shall have been duly executed by the Paying and Transfer Agent. Such!certificate, when duly executed on behalf <strong>of</strong> the <strong>City</strong>, shall be conclusive evidence that the Bondso authenticated has been duly authenticated and delivered. The validation certificate, for whichprovision is hereinafter made, to appear on each Bond, shall be executed by the Clerk, and thesaid certificate may be executed by the manual or facsimile signature <strong>of</strong> the Clerk. The Bondsshall be delivered to the Purchaser upon payment <strong>of</strong> the purchase price therefore in accordance,with the terms and conditions <strong>of</strong> their sale and award, together with a complete certifiedtranscript <strong>of</strong> the proceedings had and done in the matter <strong>of</strong> the authorization, sale, issuance andvalidation <strong>of</strong> the Bonds, and the final, unqual ified approving opinion <strong>of</strong> Bond Counsel. Prior toor simultaneously with the delivery by the Paying and Transfer Agent <strong>of</strong> any <strong>of</strong> the Bonds, the!<strong>City</strong> shall file with the Paying and Transfer Agent: (al a copy, certified by the Clerk, <strong>of</strong> the'7II


--,351transcript <strong>of</strong> pf(MJNU,);E!lSOOKnNQdP3,cc!l~n~ QXJnQliU;)on, D~~MERID"N"-"26- - -D,signed by the Mayor, to authenticate and deliver the Bonds to the Purchaser. At delivery, thePaying and Transfer Agent shall authenticate the Bonds and deliver them to the Purchaser uponpayment <strong>of</strong> the purchase price <strong>of</strong> the Bonds to the <strong>City</strong>_IIf the Bonds are no longer being held under a book-entry system as provided in Section 7here<strong>of</strong>, certificates, blank as to denomination, rate <strong>of</strong> interest, date <strong>of</strong> maturity and CUSIPnumber and sufficient in quantity in the judgment <strong>of</strong> the <strong>City</strong> to meet the reasonable transfer andreissuance needs on the Bonds, shall be printed and delivered to the Paying and Transfer Agent,and held by the Paying and Transfer Agent until needed for transfer or reissuance, whereupon thePaying and Transfer Agent shall imprint the appropriate information as to denomination, rate <strong>of</strong>interest, date <strong>of</strong> maturity and CUSIP number prior to the registration, authentication and deliverythere<strong>of</strong> to the transferee holder. The Paying and Transfer Agent is hereby authorized upon theapproval <strong>of</strong> the Governing Body to have printed from time to time as necessary additionalcertificates bearing the facsimile seal <strong>of</strong> the <strong>City</strong> and facsimile signatures <strong>of</strong> the persons whowere the <strong>of</strong>ficials <strong>of</strong> the Governing Body as <strong>of</strong> the date <strong>of</strong> original issue <strong>of</strong> the Bonds. When theBonds shall have been validated and executed as herein provided, they shall be registered as anobligation <strong>of</strong> the <strong>City</strong> in a book maintained for that purpose, and the Clerk shall cause to beimprinted upon each <strong>of</strong> the Bonds, over her manual or facsimile signature and manual orfacsimile seal, her certificate in substantially the form set out in Section 10.SECTION 10. The Bonds <strong>of</strong> this issue, the certificates to appear thereon and the Payingand Transfer Agent's Certificate shall be in substantially the following forms:I8I


352NiINUTE BOOK N@m~io9!~DPF OXFORD~D_EMENTMERID"No;,,,UNLESS THIS CERTIFICA TE IS PRESENTED BY AN AUTHORIZEDREPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, A NEW YORKCORPORATION ("DTC"), TO THE PAYING AND TRANSFER AGENT FORREGISTRATION OF TRANSFER, EXCHANGE, OR PAYMENT, AND ANYCERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO .. OR IN iSUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE!OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO. OR TO SUCH OTHERENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC),ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OROTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE.REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN.INumber R- ---$_----UNITED STATES OF AMERICASTATE OF MISSISSIPPICITY OF OXFORD, MISSISSIPPIGENERAL OBLIGATION BONDS(CAPITAL IMPROVEMENTS ISSUE),SERIES 2012Interest RateMaturity DateDated DateCUSIP%September 1,2012REGISTERED OWNER:PRINCIPAL SUM:THE CITY OF OXFORD, MISSISSIPPI (the "<strong>City</strong>"). a body politic existing under the IConstitution and laws <strong>of</strong> the State <strong>of</strong> Mississippi (the "State"). hereby acknowledges itself·indebted and for value received hereby promises to pay to the registered owner named above orregistered assigns, on the maturity date stated above. upon presentation and surrender <strong>of</strong> thisBond at the corporate trust <strong>of</strong>fice <strong>of</strong> , in the <strong>City</strong> <strong>of</strong> • Mississippi(such bank and any successor thereto hereinafter called collectively, the "Paying and TransferAgent"). the principal sum stated hereon in lawful money <strong>of</strong> the United States <strong>of</strong> America. and topay to the registered owner here<strong>of</strong> or registered assigns interest on such principal sum. in likemoney. from the dated date <strong>of</strong> this Bond until the maturity date there<strong>of</strong> (or earlier redemptiondate). at the interest rate per annum stated hereon. payable on the first day <strong>of</strong> September andMarch <strong>of</strong> each year, commencing September 1,2013. by check or draft drawn upon the Payingand Transfer Agent. made payable to the registered owner named in, and mailed to the address <strong>of</strong>the registered owner as it shall appear on the registration books held by the Paying and TransferAgent as <strong>of</strong> the close <strong>of</strong> business on the date which shall be the fifteenth (15th) day (whether or9II


353not a business d,~"'NUt~aQQKtNCjl.eQgC.lr¥eQFp~f'QBgtere~MER'D'''''0226t lrty (30)I~~~s.For the perfonnance in apt time and manner <strong>of</strong> every <strong>of</strong>ficial act herein required, and forthe prompt payment <strong>of</strong> this Bond, both principal and interest, the full faith, credit and taxingpower <strong>of</strong> the <strong>City</strong> is irrevocably pledged.IIIThis Bond is one <strong>of</strong> an authorized issue <strong>of</strong> General Obligation Bonds (CapitalImprovements Issue), Series 2012 <strong>of</strong> like date, tenor and effect, except as to rate <strong>of</strong> interest anddate <strong>of</strong> maturity, issued by the <strong>City</strong> pursuant to and in conformity with the Constitution and laws<strong>of</strong> the State, including, among others, Sections 21-33-301 et seq., Mississippi Code <strong>of</strong> 1972, asamended (the "Act"), and pursuant to resolutions duly adopted by the Mayor and Board <strong>of</strong>Aldermen <strong>of</strong> the <strong>City</strong> on July 17, 2012, AuguS121, 2012 and September 11,2012 (collectively,the "Resolution"), to raise money for the purpose <strong>of</strong> (a) erecting municipal buildings and athleticstadiums, preparing and equipping athletic fields, and purchasing buildings or land therefor, andfor repairing, improving, adorning and equi pping the same, (b) constructing, improving orpaving streets, sidewalks, driveways, parkways, walkways or public parking facilities, andpurchasing land therefor, (c) purchasing land for parks and public playgrounds, and improving,equipping and adorning the same, including the constructing, repairing and equipping <strong>of</strong>recreational facilities, and (d) purchasing fIre-fighting equipment and apparatus, providinghousing for same and purchasing land therefor, in accordance with the Act. Reference is herebymade to the Resolution, copies <strong>of</strong> which are on file at the corporate trust <strong>of</strong>fice <strong>of</strong> the Paying andTransfer Agent and at the Office <strong>of</strong> the <strong>City</strong> Clerk in <strong>Oxford</strong>, Mississippi, to all <strong>of</strong> the provisions<strong>of</strong> which the registered owner here<strong>of</strong> assents by acceptance <strong>of</strong> this Bond.This Bond is transferable only upon the books kept for that purpose at the corporate trust<strong>of</strong>fIce <strong>of</strong> the Paying and Transfer Agent, upon surrender at said <strong>of</strong>fice, together with a writteninstrument <strong>of</strong> transfer satisfactory to the Paying and Transfer Agent duly executed by theregistered owner or his authorized attorney, and thereupon a new bond or bonds <strong>of</strong> like maturity,interest rate and aggregate principal amount shall be issued to the transferee. In like manner, thisBond may be exchanged for an equal aggregate principal amount <strong>of</strong> Bonds <strong>of</strong> any otherauthorized denominations. Bonds are issuable in the authorized denominations <strong>of</strong> $5,000 or anyintegral multiple there<strong>of</strong>. The issuance, transfer, exchange and replacement <strong>of</strong> the Bonds <strong>of</strong> thisissue and other similar matters are governed by conditions on file at the corporate trust <strong>of</strong>fice <strong>of</strong>the Paying and Transfer Agent and at the Office <strong>of</strong> the <strong>City</strong> Clerk.The Bonds maturing September 1,2021 and thereafter will be subject to redemption priori to their respective maturities, at the option <strong>of</strong> the <strong>City</strong>, on and after September 1, 2020, either in! whole on any date, or in part on any interest payment date, as selected by the <strong>City</strong> amongmaturities, and by lot within each maturity, at the principal amount there<strong>of</strong>, together withaccrued interest to the date fixed for redemption and without premium.Notice <strong>of</strong> each such redemption shall be mailed, postage prepaid, not less than thirty (30)days prior to the redemption date, to all registered owners <strong>of</strong> the Bonds to be redeemed at their10I


~I354addresst{lJlilJ):~e~ru?e~g~tgrJ?~JiL~~T~9fJa~~~ntaqlled ~}"~~~6and Transfer Agent.IIAll Bonds for the payment or redemption <strong>of</strong> which sufficient monies, or, to the extentpermitted by the laws <strong>of</strong> the State, (a) direct obligations <strong>of</strong>, or obligations the payment <strong>of</strong> theprincipal <strong>of</strong> and interest on which are unconditionally guaranteed by, the United States <strong>of</strong>America ("Government Obligations"), or (b) certificates <strong>of</strong> deposit or other securities fully Isecured by Government Obligations, or (c) evidences <strong>of</strong> ownership <strong>of</strong> proportionate interests in,future interest or principal payments on Government Obligations held by a bank or trust!company as custodian, under which the owner <strong>of</strong> the investment is the real party in interest and:has the right to proceed directly and individually against the obligor on the Government!Obligations and which Government Obligations are not available to satisfy any claim <strong>of</strong> thecustodian or any person claiming through the custodian or to whom the custodian may beobligated, or (d) municipal obligations, the payment <strong>of</strong> the principal <strong>of</strong>, interest and premium, ifany, on which are irrevocably secured by Government Obligations and which GovernmentObligations are not subject to redemption prior to the date on which the proceeds attributable tothe principal <strong>of</strong> such obligations are to be used and have been deposited in an escrow accountwhich is irrevocably pledged to the payment <strong>of</strong> the principal <strong>of</strong> and interest and premium, if any, Ion such municipal obligations (all <strong>of</strong> which collectively, with Government Obligations,!"Defeasance Securities"), shall have been deposited with an escrow agent appointed for suchpurpose, which may be the Paying and Transfer Agent, all to the extent provided in theResolution, shall be deemed to have been paid, shall cease to be entitled to any lien, benefit orisecurity under the Resolution and shall no longer be deemed to be outstanding thereunder, and'the registered owners shall have no rights in respect there<strong>of</strong> except to receive payment <strong>of</strong> theprincipal <strong>of</strong>, premium, if any, and interest on such Bonds from the funds held for that purpose.Defeasance Securities shall be considered sufficient under the Resolution if said investments, iwith interest. mature and bear interest in such amounts and at such times as will assure sufficient!cash to pay currently maturing interest and to pay principal when due on such Bonds. !IIT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditionsand things required to exist, happen and to be performed precedent to and in the issuance <strong>of</strong> thisBond do exist, have happened and have been performed in due time, form and manner asrequired by law, and that the issuance <strong>of</strong> this Bond and the issue <strong>of</strong> which it forms a part,together with all other obligations <strong>of</strong> the <strong>City</strong>, does not exceed or violate any constitutional orstatutory limitation.This Bond shall not be valid or become obligatory for any purpose until this Bond shall:1have been authenticated by the execution by the Paying and Transfer Agent <strong>of</strong> the Paying and IITransfer Agent's Certificate hereon.IIThe <strong>City</strong> and the Paying and Transfer Agent may deem and treat the registered owner Ihere<strong>of</strong> as the absolute owner for the purpose <strong>of</strong> receiving payment <strong>of</strong> or on account <strong>of</strong> principalhere<strong>of</strong> and interest due hereon and for all other purposes and neither the <strong>City</strong> nor the Paying andTransfer Agent shall be affected by any notice to the contrary.III


".,355IN wnMlNtJ.Te80OKcNot ~nCJTsYsQf,facsimile signature <strong>of</strong> the Mayor <strong>of</strong> the <strong>City</strong>, and has caused the <strong>of</strong>ficial seal <strong>of</strong> the <strong>City</strong> to beaffixed thereto, attested by the manual or facsimile signature <strong>of</strong> its Clerk.I(SEAL)ATTEST:CITY OF OXFORD, MISSISSIPPIBy ________________________ __Mayor<strong>City</strong> ClerkPA YING AND TRANSFER AGENT'S CERTIFICATEThis Bond is one <strong>of</strong> the Bonds <strong>of</strong> the above designated issue <strong>of</strong> Bonds delivered inaccordance with the terms <strong>of</strong> the within mentioned Resolution.Date <strong>of</strong> Registration and Authentication: ______________ ____ ---,-_________ ' as Paying andTransfer AgentBy __ ~~~~---------------­Authorized SignatureVALIDATION CERTIFICATEISTATE OF MISSISSIPPI )) ss:COUNTY OF LAFAYETTE )I, Lisa Carwyle, <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, do hereby certifY that theissuance <strong>of</strong> the Bonds <strong>of</strong> which the within Bond is one has been duly registered by me as anobligation <strong>of</strong> said <strong>City</strong> pursuant to law in a book kept by said <strong>City</strong> for that purpose and has beenvalidated and confirmed by decree <strong>of</strong> the Chancery Court <strong>of</strong> Lafayette County, Mississippi,rendered on the __ day <strong>of</strong> September, 2012 pursuant to the Act.<strong>City</strong> Clerk12I


356T~~~~co~~~~INUTE BOOK NO'A~~GQIYTOF OXFO_R_D~. ~OEM===EN_'M~,",O~~",~""FOR VALUE RECEIVED, the undersigned sells, assigns and transfersIuntd(Name and Address <strong>of</strong> Assignee)the within Bond and does hereby irrevocably constitute and apPoin~;---c:----;---c-_:------:as registrar and transfer agent to transfer the said Bond on the record~kept for registration there<strong>of</strong> with full power <strong>of</strong> substitution in the premises. .Signature guaranteed:iII(Bank, Trust Company or Paying Agent)(Authorized Officer)Date <strong>of</strong> Assignment: ________ _Insert Social Security Number or other TaxIdentification Number <strong>of</strong> AssigneeNOTICE: The signature to this Assignmen'must correspond with the name <strong>of</strong> thregistered owner as it appears upon the fac<strong>of</strong> the within Bond in every particular,without any alteration whatever, and mus~be guaranteed by a commercial bank or trus~company or a member <strong>of</strong> a nationallsecurities exchange who is a member <strong>of</strong> 8!Medallion Signature Guarantee Program.[END OF FORM OF BOND]SECTION 11. The Governing Body hereby adopts, pursuant to the authority granted bythe Act and the Registered Bond Act, the following conditions (the "Conditions") which are toapply to the transfer, exchange and replacement <strong>of</strong> the Bonds, and other similar matters.ICONDITIONS AS TO THE ISSUANCE, TRANSFER,EXCHANGE AND REPLACEMENT OF THE BONDS"Paying and Transfer Agent" as used in these Conditions means, as to Bondsdesignated herein, the bank or banks designated by action <strong>of</strong> the Governing Bodyas the Paying and Transfer Agent with respect to the Bonds and whose duties andresponsibilities shall be as further limited or set forth in the form <strong>of</strong> Bonds forsllch issue <strong>of</strong> Bonds.The terms and provisions <strong>of</strong> this Section shall be subject to the terms andprovisions <strong>of</strong> Section 7 here<strong>of</strong>.13I


.,IIThe prinMjNUT60S0QKeNoac<strong>63</strong>~ GI;J;¥oQ'i:rGXiiQBDe. .made by the Paying and Transfer Agent on each interest payment date to theperson appearing on the registration books <strong>of</strong> the <strong>City</strong> (hereinafter provided for)as the registered owner there<strong>of</strong> as <strong>of</strong> the close <strong>of</strong> business on the date which shallbe the fifteenth (15th) day (whether or not a business day) <strong>of</strong> the calendar monthnext preceding such interest payment date, by check or draft mailed to suchregistered owner at his address as it appears on such registration books. Payment<strong>of</strong> the principal <strong>of</strong> all Bonds shall be made upon the presentation and surrender forcancellation <strong>of</strong> such Bonds as the same shall become due and payable.Bonds, upon surrender there<strong>of</strong> at said corporate trust <strong>of</strong>fice <strong>of</strong> the Paying andTransfer Agent with a written instrument <strong>of</strong> transfer satisfactory to such Payingand Transfer Agent duly executed by the registered owner or his authorizedattorney, may be exchanged for Bonds <strong>of</strong> like series, maturity and interest rate <strong>of</strong>any other authorized denominations. Each such Bond shall be dated as <strong>of</strong> the datesix (6) months preceding the interest payment date thereon next following the date<strong>of</strong> delivery <strong>of</strong> such Bond in registered form, unless such date <strong>of</strong> delivery shall bean interest payment date in which case it shall be dated as <strong>of</strong> such date <strong>of</strong>delivery, and every such Bond in registered form shall bear interest from its date.So long as the Bonds shall remain outstanding, the <strong>City</strong> shall cause the Payingand Transfer Agent to maintain and keep, at its corporate trust <strong>of</strong>fice, registrationbooks for the registration and transfer <strong>of</strong> Bonds, and, upon presentation there<strong>of</strong>for such purpose at such corporate trust <strong>of</strong>fice, the <strong>City</strong> shall cause the Paying andTransfer Agent to register or cause to be registered thereon, and permit to betransferred thereon, under such reasonable regulations as the Paying and TransferAgent may prescribe, any Bond. So long as any <strong>of</strong> the Bonds remain outstanding,the <strong>City</strong> shall make all necessary provisions to permit the exchange <strong>of</strong> Bonds atthe corporate trust <strong>of</strong>fice <strong>of</strong> the Paying and Transfer Agent.All Bonds shall be transferable only upon the registration books which shall hekept for that purpose at the corporate trust <strong>of</strong>fice <strong>of</strong> the Paying and Transfer Agentfor the <strong>City</strong>, by the registered owner there<strong>of</strong> in person or his authorized attorney,upon surrender there<strong>of</strong>, together with a written instrument <strong>of</strong> transfer satisfactoryto the Paying and Transfer Agent, duly executed by the registered owner or hisauthorized attorney, and upon such transfer there shall be issued in the name <strong>of</strong>the transferee a new Bond or Bonds in registered form <strong>of</strong> the same series in thesame aggregate principal amount and <strong>of</strong> like maturity and interest rate as theBond or Bonds surrendered. Bonds issued in connection with transfers shall bedated in the same manner provided above for the dating <strong>of</strong> Bonds issued inconnection with exchanges.Neither the <strong>City</strong> nor the Paying and Transfer Agent shall be required (a) toexchange or transfer Bonds for a period <strong>of</strong> fifteen (15) days next preceding aninterest payment date on the Bonds or next preceding any selection <strong>of</strong> Bonds to be14357DEMENT-MERIDIAN 61-0226I


358~~---~E~JJ!~e~ag&~S~&sp~~I~IIYnQo~cRX~~~Q -'lLMERIDIAN 61-226transfer or exchange any Bond called for redemption.All Bonds surrendered in any exchanges or transfers shall forthwith be canceledby the Paying and Transfer Agent and thereafter transmitted to the <strong>City</strong>.Prior to the issuance or delivery <strong>of</strong> any Bond, whether upon original issuance,transfer. exchange or replacement, the Paying and Transfer Agent shall manuallyexecute the certificate <strong>of</strong> authentication provided thereon. No Bond shall be validor obligatory for any purpose until such certificate <strong>of</strong> authentication shall havebeen duly executed by the Paying and Transfer Agent. Such certificate <strong>of</strong> thePaying and Transfer Agent upon any Bond executed on behalf <strong>of</strong> the <strong>City</strong> shall beconclusive evidence that the Bond so authenticated has been duly authenticatedand delivered.IBonds bearing the facsimile signature <strong>of</strong> any person who shall have been theMayor or Clerk at the time such Bonds were originally dated or delivered by the<strong>City</strong> shall bind the <strong>City</strong> notwithstanding the fact that he or she may have ceased tobe such <strong>of</strong>ficer prior to the delivery <strong>of</strong> such Bonds or was not such <strong>of</strong>ficer at thedate <strong>of</strong> such Bonds.Except as otherwise required by law, if (a) any mutilated Bond is surrendered tothe Paying and Transfer Agent at its corporate trust <strong>of</strong>fice, or the Paying andTransfer Agent receives evidence to its satisfaction <strong>of</strong> the destruction, loss or theft<strong>of</strong> any Bond and (b) there is delivered to the Paying and Transfer Agent suchsecurity or indemnity as may be required by it to save harmless the <strong>City</strong> and thePaying and Transfer Agent, and as otherwise required by law, then, in the absence<strong>of</strong> notice to the Paying and Transfer Agent that such Bond has been acquired by abona fide purchaser as such term is defined in the Uniform Commercial Code as itis then in effect in the State <strong>of</strong> Mississippi, the Paying and Transfer Agent shallauthenticate and deliver, in exchange for any such mutilated Bond, or in lieu <strong>of</strong>any such destroyed, lost or stolen Bond, a new Bond <strong>of</strong> like tenor and principalamount, bearing a number not contemporaneously outstanding. The Paying andTransfer Agent shall thereupon cancel any Bond so surrendered.IIn case any mutilated, destroyed, lost or stolen Bond has become or is about tobecome due and payable, the Paying and Transfer Agent in its discretion may,instead <strong>of</strong> issuing a new Bond, pay such Bond.Each new Bond issued pursuant to this Section in lieu <strong>of</strong> any surrendered,destroyed, lost or stolen Bond shall constitute an additional contractual obligation<strong>of</strong> the <strong>City</strong> and shall be entitled to all benefits equally and proportionately withany and all other Bonds duly issued. All Bonds shall be held and owed upon theexpress condition that the foregoing provisions are exclusive with respect to thereplacement or payment <strong>of</strong> mutilated, destroyed, lost or stolen Bonds, and shall15I


359DEMENT-MERIDIAN 61·0226INotwithstanding the foregoing provisions <strong>of</strong> these Conditions, no Bonds shall beexchanged for other Bonds or be registered or transferred or issued or deliveredby or on behalf <strong>of</strong> the <strong>City</strong> or the Paying and Transfer Agent pursuant to thisSection at the request <strong>of</strong> a holder or owner <strong>of</strong> a Bond, except upon payment tosuch Paying and Transfer Agent by or on behalf <strong>of</strong> such holder or owner <strong>of</strong> acharge sufficient to reimburse the <strong>City</strong> and such Paying and Transfer Agent forany tax, fee, or other governmental charge required to be paid with respect to thetransaction.The <strong>City</strong> and the Paying and Transfer Agent may treat and consider the person inwhose name any Bond shall be registered upon the registration books as hereinprovided as the holder and absolute owner there<strong>of</strong>, whether such Bond shall beoverdue or not, for the purpose <strong>of</strong> receiving payment <strong>of</strong> the principal there<strong>of</strong> andinterest thereon and for all other purposes whatsoever; provided, however,payment <strong>of</strong>, or on account <strong>of</strong>, the principal <strong>of</strong> and interest on such Bond shall bemade only to, or upon the order <strong>of</strong>; such registered owner, and such payment somade shall be valid and effective to satisfY and discharge the liability upon suchBond to the extent <strong>of</strong> the sum or sums so paid, and neither the <strong>City</strong> nor anyPaying and Transfer Agent shall be affected by any notice to the contrary.SECTION 12. (a) So long as any <strong>of</strong> the Bonds shall remain outstanding, the <strong>City</strong> shallmaintain with the Paying and Transfer Agent records for the registration and transfer <strong>of</strong> theBonds. The Paying and Transfer Agent is hereby appointed registrar for the Bonds, in whichcapacity the Paying and Transfer Agent shall register in such records and permit to be transferredthereon, under such reasonable regulations as may be prescribed, any Bond entitled toregistration or transfer.I(b) The <strong>City</strong> shall payor reimburse the Paying and Transfer Agent for reasonablefees for the perfonnance <strong>of</strong> the services normally rendered and the incurring <strong>of</strong> normal expensesreasonably and necessarily paid as are customarily paid to paying agents, transfer agents andbond registrars, subject to agreement between the <strong>City</strong> and the Paying and Transfer Agent. Feesand reimbursements for extraordinary services and expenses, so long as not occasioned by thenegligence, misconduct or willful default <strong>of</strong> the Paying and Transfer Agent, shall be made by the<strong>City</strong> on a case-by-case basis, subject, where not prevented by emergency or other exigentcircumstances, to the prior written approval <strong>of</strong> the Governing Body.(c) (i) A Paying and Transfer Agent may at any time resign and be discharged <strong>of</strong> itsduties and obligations as Paying and Transfer Agent, by giving at least sixty (60) days writtennotice to the <strong>City</strong>, and may be removed as Paying and Transfer Agent at any time by resolution<strong>of</strong> the Governing Body delivered to the Paying and Transfer Agent. The resolution shall specifYthe date on which such removal shall take effect and the name and address <strong>of</strong> the successorPaying and Transfer Agent, and shall be transmitted to the Paying and Transfer Agent beingremoved within a reasonable time prior to the etlective date there<strong>of</strong>. Provided, however, that no16I


360.. PaYlngailoTians(erAgeril fiasbeenappointed pursuant to this resol ution.N(ii) Upon receiving notice <strong>of</strong> the resignation <strong>of</strong> the Paying and Transfer Agent, !the <strong>City</strong> shall promptly appoint a successor Paying and Transfer Agent by resolution <strong>of</strong> theGoverning Body. Any appointment <strong>of</strong> a successor Paying and Transfer Agent shall become,effective upon acceptance <strong>of</strong> appointment by the successor Paying and Transfer Agent. If no;successor Paying and Transfer Agent shall have been so appointed and have acceptedappointment within thirty (30) days after the notice <strong>of</strong> resignation, the resigning Paying andTransfer Agent may petition any court <strong>of</strong> competent jurisdiction for the appointment <strong>of</strong> asuccessor Paying and Transfer Agent, which court may thereupon, after such notice as it maydeem appropriate, appoint a successor Paying and Transfer Agent.I(iii) In the event <strong>of</strong> a change <strong>of</strong> Paying and Transfer Agents, the predecessorPaying and Transfer Agent shall cease to be custodian <strong>of</strong> any funds held pursuant to thisresolution in connection with its role as such Paying and Transfer Agent, and the successor IPaying and Transfer Agent shall become such custodian; provided, however, that before anYIsuch delivery is required to be made, all fees, advances and expenses <strong>of</strong> the retiring or removedl'Paying and Transfer Agent shall be fully paid. Every predecessor Paying and Transfer Agentshall deliver to its successor Paying and Transfer Agent all books <strong>of</strong> account, registration;records, lists <strong>of</strong> holders <strong>of</strong> the Bonds and all other records, documents and instruments relating toits duties as such Paying and Transfer Agent.(iv) Any successor Paying and Transfer Agent appointed under the provisionshere<strong>of</strong> shall be a bank, trust company or national banking association having Federal Deposit'Insurance Corporation insurance <strong>of</strong> its accounts, duly authorized to exercise corporate trust;powers and subject to examination by and in good standing with the federal and/or stateregulatory authorities under the jurisdiction <strong>of</strong> which it falls.(v) Every successor Paying and Transfer Agent appointed hereunder shall,execute, acknowledge and deliver to its predecessor Paying and Transfer Agent and to the <strong>City</strong>an instrument in writing accepting such appointment hereunder, and thereupon such successorPaying and Transfer Agent, without any further act, shall become fully vested with all the rights,immunities and powers, and be subject to all the duties and obligations, <strong>of</strong> its predecessor.I(vi) Should any transfer, assignment or instrument in writing be required byany successor Paying and Transfer Agent from the <strong>City</strong> to more fully and certainly vest in suchsuccessor Paying and Transfer Agent the estates, rights, powers and duties hereby vested orintended to be vested in the predecessor Paying and Transfer Agent, any such transfer,.assignment and written instruments shall, on request, be executed, acknowledged and deliveredby the <strong>City</strong>.(vii) The <strong>City</strong> will provide any successor Paying and Transfer Agent withcertified copies <strong>of</strong> all resolutions, orders and other proceedings adopted by the Governing Bodyrelating to the Bonds.17I


.,(vMINlJm:sBQQ~tNem~ CIJ;)'oQFa~~DJiWer ~MERIDIAN""". en 0 a u leOs, ~obligations and responsibilities imposed by law or required to be performed by this resolution.361I(d) Any corporation or association into which a Paying and Transfer Agent may beconverted or merged, or with which it may be consolidated or to which it may sell or transfer itsassets as a whole or substantially as a whole, or any corporation or association resulting from anysuch conversion, sale, merger, consolidation or transfer to which it is a party, shall be andbecome successor Paying and Transfer Agent hereunder and vested with all the powers,discretions, immunities, privileges and all other matters as was its predecessor, without theexecution or filing <strong>of</strong> any instrument or any further act, deed or conveyance on the part <strong>of</strong> eitherthe <strong>City</strong> or the successor Paying and Transfer Agent, anything herein to the contrarynotwithstanding, provided only that such successor Paying and Transfer Agent shall besatisfactory to the <strong>City</strong> and eligible under the provisions <strong>of</strong> Section 12( c )(iv) here<strong>of</strong>.SECTION 13. The Bonds shall be prepared and executed as soon as may be practicableafter the adoption <strong>of</strong> this resolution and shall be delivered thereafter to the Purchaser.SECTION 14. If (a) the <strong>City</strong> shall payor cause to be paid to the owners <strong>of</strong> the Bondsthe principal ot: and interest to become due thereon at the times and in the manner stipulatedtherein and herein, (b) all fees and expenses <strong>of</strong> the Paying and Transfer Agent shall have beenpaid, and (c) the <strong>City</strong> shall have kept, perfonned and observed all and singular the covenants andpromises in the Bonds and in this resolution expressed as to be kept, performed and observed byit or on its part, then the Bonds shall cease to be entitled to any lien, benefit or security under thisresolution and shall no longer be deemed to be outstanding hereunder. If the <strong>City</strong> shall payorcaLlse to be paid to the owners <strong>of</strong> outstanding Bonds <strong>of</strong> a particular maturity, the principal <strong>of</strong>, andinterest to become due thereon at the times and in the manner stipulated therein and herein, suchBonds shall cease to be entitled to any lien, benefit Or security under this resolution and shall nolonger be deemed to be outstanding hereunder.IAll Bonds for the payment or redemption <strong>of</strong> which sufficient monies, or, to the extentpennitted by the laws <strong>of</strong> the State, (a) direct obligations <strong>of</strong>, or obligations the payment <strong>of</strong> theprincipal <strong>of</strong> and interest on which are unconditionally guaranteed by, the United States <strong>of</strong>America ("Government Obligations"), or (b) certificates <strong>of</strong> deposit or other securities fullysecured by Government Obligations, or (c) evidences <strong>of</strong> ownership <strong>of</strong> proportionate interests infuture interest Or principal payments on Government Obligations held by a bank or trustcompany as custodian, under which the owner <strong>of</strong> the investment is the real party in interest andhas the right to proceed directly and individually against the obligor on the GovernmentObligations and which Government Obligations are not available to satisfY any claim <strong>of</strong> thecustodian or any person claiming through the custodian or to whom the custodian may beobligated, or (d) municipal obligations, the payment <strong>of</strong> the principal <strong>of</strong>, interest and premium, ifany, on which are irrevocably secured by Government Obligations and which GovernmentObligations are not subject to redemption prior to the date on which the proceeds attributable tothe principal <strong>of</strong> such obligations are to be used and have been deposited in an escrow accountwhich is irrevocably pledged to the payment <strong>of</strong> the principal <strong>of</strong> and interest and, premium, if any,on such municipal obligations (all <strong>of</strong> which collectively, with Government Obligations, are18I


362appomted for such purpose, which may be the Paying and Transfer Agent, (whether upon or'prior to the maturity or the redemption date <strong>of</strong> such Bonds) shall be deemed to have been paidwithin the meaning <strong>of</strong> this Section, shall cease to be entitled to any lien, benefit or security underthis resolution and shall no longer be deemed to be outstanding hereunder, and the registered 'Iowners shall have no rights in respect there<strong>of</strong> except to receive payment <strong>of</strong> principal <strong>of</strong>, Ipremium, if any, and interest on such Bonds from the funds held for that purpose; provided,however, that if such Bonds are to be redeemed prior to the maturity there<strong>of</strong>, notice <strong>of</strong> suchredemption shall have been duly given as provided herein or arrangements shall have been made lfor the giving there<strong>of</strong>. Defeasance Securities will be considered sufficient if said investments,1with interest, mature and bear interest in such amounts and at such times as will assure sufficient Icash to pay currently maturing interest and to pay principal when due on the Bonds. For the!purpose <strong>of</strong> this Section, Defeasance Securities shall mean and include only (a) such DefeasancellSecurities which shall not be subject to redemption prior to their maturity other than at the option<strong>of</strong> the holder there<strong>of</strong> or (b) Defeasance Securities which, if subject to redemption shall,!nevertheless, in all events, regardless <strong>of</strong> when redeemed, provide sufficient and timely funds for!payment <strong>of</strong> the principal <strong>of</strong>, premium, if any, and interest on the Bonds to be paid thereby.ISECTION 15. As authorized by the Act, the Bonds herein authorized to be issued shall 'be submitted to validation in the Chancery Court <strong>of</strong> Lafayette County, Mississippi, in the mannerand with the force and effect provided by Section 31-13-1 et seq., Mississippi Code <strong>of</strong> 1972, asamended, and to that end a certified transcript <strong>of</strong> all proceedings and other documents relating to:the issuance and sale <strong>of</strong> said Bonds fOlihwith shall be prepared and forwarded to the State's Bond:Attorney by Bond Counsel and the Clerk.SECTION 16. (a) In the event the Purchaser shall fail to designate the names, addressesand social security or tax identification numbers <strong>of</strong> the registered owners <strong>of</strong> the Bonds withinthirty (30) days <strong>of</strong> the date <strong>of</strong> sale, or at such other later date as may be designated by the <strong>City</strong>, 'one Bond registered in the name <strong>of</strong> the Purchaser may be issued in the full amount for eachmaturity. Ownership <strong>of</strong> the Bonds shall be in the Purchaser until the initial registered ovmer has!made timely payment and, upon request <strong>of</strong> the Purchaser within a reasonable time <strong>of</strong> the initialdeli\ery <strong>of</strong> the Bonds, the Paying and Transfer Agent shall re-register any such Bond upon itsrecords in the name <strong>of</strong> the registered owner to be designated by the Purchaser in the event timely'payment has not been made by the initial registered owner.I(b) Except as hereinabove provided, the person in whose name any Bond shall beregistered in the records <strong>of</strong> the <strong>City</strong> kept and maintained by the Paying and Transfer Agent may'be deemed the absolute owner there<strong>of</strong> for all purposes, and payment <strong>of</strong> or on account <strong>of</strong> theprincipal <strong>of</strong> or interest on any Bond shall be made only to or upon the order <strong>of</strong> the registeredowner there<strong>of</strong>, or his legal representative, but such registration may be changed as hereinprovided. All such payments shall be valid and effectual to satisfy and discharge the liabilityupon such Bond to the extent <strong>of</strong> the sum or sums SO paid.SECTION 17. (a) The <strong>City</strong> shall maintain with a qualified depository there<strong>of</strong> a fund(the "Bond Fund") in its name for the payment <strong>of</strong> the principal <strong>of</strong> and interest on the Bonds and19I


II ....3<strong>63</strong>I(i)(ii)(iii)(iv)the accrued interest and premium, if any, received upon delivery <strong>of</strong> theBonds;the avails <strong>of</strong> any <strong>of</strong> the ad valorem taxes levied and collected pursuant toSection 3 here<strong>of</strong>;any income received from investment <strong>of</strong> monies in the Bond Fund; andany other funds available to the <strong>City</strong> which may be lawfully used forpayment <strong>of</strong> the principal <strong>of</strong> and interest on the Bonds, and which theGoverning Body, in its discretion, may direct to be deposited into theBond Fund.(b) As long as any principal <strong>of</strong> and interest on the Bonds remains outstanding, theClerk is hereby irrevocably authorized and directed to withdraw from the Bond Fund sufficientmonies to make the payments herein provided for and to transfer same to the account <strong>of</strong> thePaying and Transfer Agent in time to reach said Paying and Transfer Agent at least five (5) daysprior to the date on which said interest or principal and interest shaH become due.SECTION 18. (a) The principal proceeds received upon the sale <strong>of</strong> the Bonds shall bedeposited with a qualified depository <strong>of</strong> the <strong>City</strong> in a special fund, hereby created, in the name <strong>of</strong>the <strong>City</strong> designated the "2012 Capital Improvements Fund" from which there shall be first paidall expenses, premiums, fees and commissions incurred in connection with the authorization,issuance, sale, validation and delivery <strong>of</strong> the Bonds.I(b) The balance <strong>of</strong> such proceeds shall be used (I) for the Project; (2) to payengineering, fiscal, trustee, printing, accounting, Financial Advisor, construction manager,feasibility consultant, Bond Counsel and legal expenses, and development expenses incurred inconnection with the Project, and the issuance <strong>of</strong> the Bonds; (3) to pay the costs related to anysuits and proceedings in connection with the Project, including any costs <strong>of</strong> settlement there<strong>of</strong>.SECTION 19. It is specifically provided, notwithstanding the dates set out in thisresolution for the date <strong>of</strong> the Bonds and the payment dates for principal and interest, that in theevent the delivery <strong>of</strong> the Bonds is delayed by a contest <strong>of</strong> the validation <strong>of</strong> the Bonds orotherwise and the Purchaser shall decline to take delivery <strong>of</strong> the Bonds, then the Bonds may bere<strong>of</strong>fered for sale. In such event, all principal maturities may be adjusted so that such maturitieswill fall due in the same amounts and intervals as herein provided, but beginning one (I) yearfrom the actual date <strong>of</strong> the Bonds as provided by the subsequent resolution directing the <strong>of</strong>fer forsale there<strong>of</strong> and continuing through the fifteenth (15th) year from such actual date <strong>of</strong> the Bonds.The interest payments may also be adjusted accordingly, with interest payments duesemiannually, commencing twelve (12) months from such actual date <strong>of</strong> the Bonds. After thevalidation <strong>of</strong> the Bonds, no amendment, revision or supplement contemplated by this Section 19shall be cause for the resubmission <strong>of</strong> the proceedings for the issuance <strong>of</strong> the Bonds, as amended,revised or supplemented, to any further validation proceedings, it being the intent <strong>of</strong> this20I


364rresolutM I trJaVI~ s~PPn~d~gs ~~1si~-';:Y s~n92~~2~v~ed~-'-URl~validation proceeding. !SECTION 20. Mississippi, 1S herebyappointed as the Paying and Transfer Agent for the Bonds.SECTION 21. Pursuant to SEC Rule ISc2-l2(b)(S), the <strong>City</strong> covenants and agrees tdlprovide to the Purchaser a continuing disclosure agreement, dated the date <strong>of</strong> issuance an 'Idelivery <strong>of</strong> the Bonds, setting forth the <strong>City</strong>'s agreement with regard to continuing disclosure (th I"Continuing Disclosure Agreement"), and to comply with the covenants set forth therein ancarry out all <strong>of</strong> the provisions <strong>of</strong> the Continuing Disclosure Agreement. In the event the Cit. !fails to comply with the provisions <strong>of</strong> the Continuing Disclosure Agreement, any Bondholde Imay take such actions as may be necessary and appropriate, including mandamus or specificperfommnce by court order, to cause the State to comply with its obligations set forth in theContinuing Disclosure Agreement and this Section 21.SECTION 22. The Mayor, each member <strong>of</strong> the Board <strong>of</strong> Aldermen and the Clerk arehereby authorized to execute such documents, instruments and papers, and do such acts andthings as may be necessary or advisable in connection with the authorization, sale, preparationJIexecution, issuance and deli very <strong>of</strong> the Bonds.IISECTION 23. The decisions and determinations made by the Mayor and the Clerk!relating to the Bonds, and the actions taken by them in connection with the preparation <strong>of</strong> thePreliminary Official Statement and the Notice <strong>of</strong> Sale are hereby approved and ratified by theGoverning Body. The Mayor be, and is hereby authorized and directed to prepare, execute anddistribute a final Official Statement in connection with the Bonds substantially in the form <strong>of</strong> thePreliminary Official Statement, with such changes, omissions, insertions and revisions from thePreliminary Official Statement as he shall deem necessary and approve, said execution beingconclusive evidence <strong>of</strong> such approval, and to deliver a reasonably sufficient number <strong>of</strong> suchlOfficial Statement to the PurchaseLISECTION 24. The <strong>City</strong> covenants and certifies to and for the benefit <strong>of</strong> the Purchase; Iand subsequent holders <strong>of</strong> the Bonds that it will neither take any action nor omit to take an) .•action nor make any investment or use <strong>of</strong> the proceeds from the issue and sale <strong>of</strong> the Bonds. ~including amounts treated as proceeds, if any, which will cause the Bonds to be classified asjarbitrage Bonds within the meaning <strong>of</strong> Section 148 <strong>of</strong> the Code, and the regulations thereunderas such may be applicable to the Bonds at the time <strong>of</strong> such action, investment or use. In addition.the <strong>City</strong> further covenants to maintain the exclusion <strong>of</strong> interest on the Bonds from gross income;for fed~ral income tax purposes under the Code, and in furtherance there<strong>of</strong>, to comply with the'covenants concerning arbitrage rebate contained in a certificate <strong>of</strong> the Mayor to be executed anddelivered concurrently with the issuance and delivery .<strong>of</strong> the Bonds, or such other covenants asl,may, from hme to time. be reqll1red to be comphed w1th 111 order to ma1l1ta1l1 such exclUS10n 0interest on the Bonds from gross income for federal income tax purposes. Notwithstanding anY]1other provisions to the contrary, so long as necessary in order to maintain such exclusion <strong>of</strong>interest on the Bonds from gross income for federal income tax purposes under the Code, the,II21I


I~365covenants contaMlr'tll.bI~aoOKaNovi<strong>63</strong>'ec;.ttYntQfTh.QXIr,Q8li)e in~~t"ERlD"N610226r sance ereo.ISECTION 25. The <strong>City</strong> hereby designates the Bonds as "qualified tax exemptobligations" for purposes <strong>of</strong> Section 265(b)(3) <strong>of</strong> the Code. The <strong>City</strong> (including any subordinateentity or entities issuing tax exempt obligations on behalf <strong>of</strong> the <strong>City</strong> within the meaning <strong>of</strong>Section 265(b)(3) <strong>of</strong> the Code) has not issued, and does not reasonably expect to issue, taxexempt obligations within calendar year 2012 which, together with the Bonds, will exceed$10,000,000.SECTION 26. If anyone or more <strong>of</strong> the provisions <strong>of</strong> this resolution shall for anyreason be held to be illegal or invalid, such illegality or invalidity shall not affect any <strong>of</strong> the otherprovisions <strong>of</strong> this resolution, but this resolution shall be construed and enforced as if such illegalor invalid provision or provisions had not been contained herein.Aldermanseconded the motion to adopt the foregoing resolution,and the question being put to a roll call vote, the result was as follows:Alderman Ney Williams voted:Alderman E.O. Oliver voted:Alderwoman Janice Antonow voted:Alderman Ulysses Howell voted:Alderman Preston E. Taylor voted:Alderman Jason Bailey voted:Alderman John Morgan voted:The motion having received the affirmative vote <strong>of</strong> a majority <strong>of</strong> the members <strong>of</strong> theBoard <strong>of</strong> Aldermen present, being a quorum <strong>of</strong> said Board <strong>of</strong> Aldermen, the Mayor declared themotion carried and the resolution adopted this 11 th day <strong>of</strong> September, 2012.I1128~862902914.1222I


366I'i~·~~~~I.MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226I!IEXHIBIT APROOF OF PUBLICATION OF NOTICE OF BOND SALEI23I... !


MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORD367DEMENT-MERIDIAN 61-0226IEXHIBIT BBIDSI24I


368I~,I,.~~~~MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61 -226RESIGNATION:It was moved by Aldennan Howell, seconded by AldermanWilliams to accept the resignation <strong>of</strong> Cynthia White in theBuilding and Planning and Zoning Department. All thealdermen present voting aye, Mayor Patterson declared themotion carried.ADVERTISEMENT:CEMETERY ANDCOLUMBARIUM:2012-2013 BUDGET:It was moved by Alderman Morgan, seconded byAlderman Antonow to authorize advertisement for anexecutive assistant in the Building and Planning andZoning Departments. All the aldermen present voting aye,Mayor Patterson declared the motion carried.Mayor Patterson is researching the possibility <strong>of</strong> the <strong>City</strong>building a columbarium at the <strong>City</strong> Cemetery. The <strong>City</strong>will continue to research costs and report back to the boardat a later date.It was moved by Alderman Morgan, seconded byAlderman Williams to approve the 2012-2013 Budget asfollows. All the aldermen present voting aye, MayorPatterson declared the motion carried.III


,CITY OF oXFoRrMlNUTE BOOK No. <strong>63</strong>, CITY OF OXFORD2612-20 13udget SummaryENERALFUNDBudget 2011-2012 Budget 2012-2013369DEMENT·MERIDIAN 61-0226IIFGINNING CASH BALANCE 10/1/12OTAL REVENUE:::GISLATIVEJ DICIALECUTIVEECTIONSR NANCIAL ADM'(\WEPT OF HUMAN RESOURCESPLiCE DEPTUILDINGS & GROUNDSANNING & ZONINGUILDING & CODE ENFOEN GOVTOMMUNITY PROF RE DEPTt:MERG MANG~ IrREET DEPT1~f'>,NITATION ADMmREET CLEANINGV ASTE COLLIV ASTE DISPOSALUBBISH COLLECTIONIV EED & GRASS~METERYIR ECYCLINGIF r,RK COMMIe TY GARAGEIi pVP8~IM POOLFN_C PARKisc Groups$2,491,084.00 $2,850,866.00$20,764,002.82 $21,751,441.32$126,068.00 $127,396.80$214,341.96 $227,719.48$91,982.24 $95,000.48$3,500.00 $12,000.00$255,555.19 $266,872.92$176,286.77 $212,912.34$206,771.04 $241,612.47$4,280,198.58 $4,688,720.85$524,279.06 $578,912.51$676,485.40 $978,197.02$199,474.08 $210,800.99$2,120,395.00 $2,195,685.00$65,000.00 $65,000.00$3,690,921.01 $3,598,252.48$278,296.82 $135,657.57$2,347,366.89 $2,306,164.46$141,750.54 $166,715.83$91,675.49 $96,592.34$927,572.56 $850,689.93$565,996.91 $574,436.88$550,754.00 $550,542.90$244,339.95 $253,341.33$120,790.81 $127,359.37$482,223.07 $439,369.70$971,732.19 $1,260,225.72$818,266.53 $848,023.15$148,904.34 $160,001.22$85,754.00 $103,916.62$973,645.00 $1,003,139.07$428,441.69 $444,446.56T JTAL EXPENSESE. ding Cash Balance (projected) - 9/30/13$21 ,808,769.12 $22,819,70598$1 446 317Z0 $1 ,Z82 601:'HI


370----2%FOQ[LMt~~J.~F~Qg!< N_o. <strong>63</strong>,9 1TY OF OX~ORDPROJECTED REVENUE2% Food & Beverage TaxInterest IncomePmt from Univ (rifle range - expired)Payment from County for ballfields (20 yr)Estimated Beg CashBudget2011-2012$1,788,533.45$7,500.00$50,000.00$150,000.00$1,004,994.61YTD13-Aug-12$1,676,787.00$1,265.00$0.00$150,000.00$1,580,595.68DEMENT-MERIDIAN 61-226Budget2012-20131$2,081,772.35$1,500.pO$0.00$150,000.00$1,256,167.45ITOTAL REVENUE$3,001,028.06$3,408,647.68$3,489,439.$0PROJECTED DISBURSEMENTS604 <strong>Oxford</strong> Tourism Council$000$0.00$112,414.dlo605 <strong>Oxford</strong> Convention & Visitor's Bureau$428,257.00$392,568.88$335,583.75OCVB - Capital Improvements$0.00$0.00$170,700.00607 Arts Council$30,000.00$27,500.00$55,000WO608 Community Grant Program$65,000.00$48,120.00$65,00060609 Tree request (bldg & grounds)$15,000.00$24,446.18$25,000.00612 Cedar Oaks$25,000.00$18,404.38$25,000. 0614 Flowers and related exp (bldg & grounds)$77,12000$62,980.43$100,010. 0616 Transfer to General Fund$73,000.00$0.00$73,000.bo621 Hancock Bank, Bond pmt for OCC$374,000.00$375,352.50$375,922.50628 Double Decker$35,000.00$35,000.00$35,000. 0<strong>63</strong>0 Utilities<strong>63</strong>7 Heritage Foundation$1,000.00$0.00$2,814.11$0.00$3,500. 0$10,000.00I641 Cultural Heritage Initiative$10,000.00$10,000.00$10,000.00642 FNC Park (1/2 <strong>of</strong> buget minus revenues)$221,833.50$0.00$178,670.18643 LOC Lamar$50,000.00$21,028.17$50,00000644 Ole Miss - stadium expansion$200,000.00$200,000.00$200,000.00651 2007 Bond Issue, 1/3 pmt lamar park/fnc, plus cnty cent$368,175.00$368,175.00$370,175.00690 Misc$30,000.00$45,148.61$50,000 pOTOTAL DISBURSEMENTS$2,003,385.50$1,<strong>63</strong>1,538.26$2,244,97603BALANCE$997,642.56$1,777,109.42$1,244,4<strong>63</strong>FII


371RESOLUTION MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT"MERIQIAN 61-0226,ec e yermanBailey to adopt the following resolution for the mill rate.All the aldermen present voting aye, Mayor Pattersondeclared the motion carried.III


372RESOLlMm~r~~~~fJ~rP~~ifJJXfqfD~P~THEoE@1'¥",@;f226OXFORD, MISSISSIPPI, WITH REFERENCE TO FIXJNG THE TAX RATE OR LEVY FOR 'THE MUNICIPALITY AND FOR ANY OTHER AREA SUBJECT TO TAXES OF THEMUNICIPALITY AND IN THE OXFORD MUNICIPAL SEPARATE SCHOOL DISTRICT,IN ACCORDANCE WlTl-J SECTION 21-33-45 OF THE MISSISSIPPI CODE OF 1972 ASAtvlENDED AND OTHER SECTIONS OF SAID CODE.Be it resolved by the Mayor and Board <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, Ithat the tax rate or levy <strong>of</strong> the municipality <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, and <strong>of</strong> the <strong>Oxford</strong> 'IrVlunicipal Separate School District shall be for the following purposes and amounts:ITAX RATE CITY OF OXFORD - 2012-20I3ProposedMill RateAuthorityGeneral Fund 18.3 I 21-33-45Parks & Recreation 2.00 21-37-45Library 1.02 39-3-72012 General Obligation .56 21-33-452010 General Obligation 1.37 21-33-452009 General Obligati on 1.17 21-33-452007 General Obligation 1.07 21-33-452005 General Obligation .67 21-33-452004 General Obligation 1.08 21-33-45Subtotal for Municipality 27.25School Bond & Interest 11.19 37-59-1Votec Center .70 37-7-409School Maintenance 42.59 37-57-104-107Subtotal for <strong>Oxford</strong> School 54.48ITOTAL MILLS FOR CITY & SCHOOL 81.73The above and foregoing Resolution having been lirst been reduced to writing and readby the <strong>City</strong> Clerk <strong>of</strong> the said Board, considered section by section and then as a whole, and onthe motion <strong>of</strong> Alderman _Howell . seconded by Alderman _ Bailey_. it \\as adoptedsection bv section and then as a whole, and the vote <strong>of</strong> the Aldermen for the passage there<strong>of</strong>, wasas follows:Alderman WilliamsAlderman OliverAlderman AntonowAlderman I lowellAlderman TaylorAlderman BaileyAlderman Morganvoted A YE. ___voted ABSENT ___voted A YE. __ ~voted AYE-~--.voted A YE ___voted-AYE---voted A YE ___Whereupon the Mayor declared the motion carried and the Resolution adopted, this the11 til day <strong>of</strong> September, 20 I 2.~hf~GEORCillG. P A HERSON, MAYORATTEST:I


.,373RESOLUTIOlMlNUTE BO~aNo~


374as required by la\\, as prov'ided in Section 37-7-409. Mississippi Code <strong>of</strong> 1972, Annotated, andamendments thereto.Section 3. That the Mayor and Board <strong>of</strong> Aldermen find that due to the <strong>Oxford</strong> MunicipalSeparate School District's current responsibility to pay its pro-rata share <strong>of</strong> the operation <strong>of</strong> the<strong>Oxford</strong>-Lafayette County Vocational-Technical Center during the 2012-2013 school session anqlIdue to the shortness <strong>of</strong> the time in which to collect taxes for the <strong>Oxford</strong> Municipal SeparateSchool District, it is necessary to the public health. safety and welfare that this resolution takjeffect immediately Irom and after its adoption.Alderman _Morgan_made the motion which was seconded by AldemlanBailey_. toadopt the foregoing Resolution, which was introduced in writing at the meeting <strong>of</strong> the Mayor andBoard <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>. Mississippi. held 011 September II, 2012 and was atsaid meeting. read, considered. and adopted. paragraph by paragraph. section by section then as awhole, and the question being put to a roll call vote. the result was as follows:Alderman Williams voted AYEAlderman Oliver voted ABSENT ---Alderman Antollow voted AYEIAlderman Howell v'oted AYEAlderman Taylor voted AYEAlderman Bailey voted AYEAlderman Morgan voted AYEApproved, this the II th day <strong>of</strong> September. 2012.ATTEST:GH)RUE U. PAl TERSUN. MA YORILISA D CARWYLE. CITY CLERKMINUTES:It was moved bv . Alderman Antonow, seconded bv .Alderman Bailey to adopt the minutes from the regularmeeting on September 4. 2012. All the aldermen presentvoting aye, Mayor Patterson declared the motion carried.


375MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226Alderman Antonow to adjourn the meeting sine-die. Allthe aldermen present voting aye, Mayor Patterson declaredthe motion carried.IGeorge G. Patterson, Mayor. /*/----~ -::7 _/) ':I "", I ..i.·/'tj(fv1./w"~Lisa Carwyle, <strong>City</strong>'ClerkII


376=~~~MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226UNITED STATES OF AMERICASTATE OF MISSISSIPPICOUNTY OF LAFAYETTECITY OF OXFORDIREGULAR MEETINGSeptember 18,20126:00 p.m.CALL TO ORDER:The meeting <strong>of</strong> the Mayor and Board <strong>of</strong> Aldermen<strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, was called toorder by Mayor Patterson at 6:00 p.m. on Tuesday,September 18, 2012, in the court room <strong>of</strong> <strong>City</strong> Hallwhen and where the following were present:George G. Patterson - MayorNey Williams- Aldennan Ward IE.O. Oliver- Alderman Ward IIJanice Antonow- Alderman Ward IIIUlysses Howell- Alderman Ward IVPreston Taylor- Alderman Ward VJason Bailey- Alderman Ward VIJohn Morgan- Alderman at LargeMayo Mallette PLLC - Of CounselBart Robinson- Director <strong>of</strong> Public WorksLisa Carwyle- <strong>City</strong> ClerkTim Akers - Dir <strong>of</strong> PlanningMike Martin- Chief <strong>Oxford</strong> Police DeptJoey Gardner- Ass!. Chief <strong>of</strong> Fire DeptEddie Anderson- DiL <strong>of</strong> SanitationAl Hope- Dir <strong>of</strong> Human ResourcesRandy Barber- Director <strong>of</strong> BuildingBilly Lamb- Sup!. <strong>of</strong> Bldg & GroundsIAGENDA:It was moved by Alderman HowelL seconded byAlderman Williams to adopt the agenda for themeeting. All the aldermen present voting aye,Mayor Patterson declared the motion carried.MA YOR'S REPORT:We have a long agenda so I will try and keep this brief.I've watched many ballgames and the downtown area for more than30years as a business man and property owner. This weekend was thebusiest I have ever seen.The Texas people were polite and gracious, except on the footballfield, and for the number <strong>of</strong> people we had in town problemsseemed to be at a minimum. Kudos to the ladies and gentlemenat OPO who handled a very difficult 4 day period with grace andpatience. Job well done guys.I


2377MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226I know we have parking issues when the University closescampus as they have been doing. We will work to find acommon solution.IWe are still putting the pieces back together from our flood <strong>of</strong>two weeks ago. We are aware <strong>of</strong> many problems that we areworking on, but again folks, when we have that much rain inthat short a period <strong>of</strong> time we are going to flood. BUY FLOODINSURANCE.Lastly our heart goes out to Scott Mills and his family and theentire LHS community in the tragic loss <strong>of</strong> their son John. OurPrayer is that they find Peace quickly.IIMINUTES:ACCOUNTS:SOUTH LAMARCONSTRUCTION:CONSTITUTION WEEK:RADICAL RECONCILIATIONCELEBRATION MONTH:CITY PROPERTY:It was moved by Alderman Antonow, seconded byAlderman Morgan to adopt the minutes <strong>of</strong> thespecial meeting on August 21, 2012 and therecessed meeting on September 11,2012. All thealdermen present voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Howell, seconded byAlderman Oliver to approve the payment <strong>of</strong> allaccounts for the <strong>City</strong>. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried.Lloyd Oliphant with the Skate Place came beforethe Mayor and Board <strong>of</strong> Aldermen to complain andvoice his concerns about the construction project onSouth Lamar. The contractor has told the PublicWorks department they hope to start laying asphaltby the end <strong>of</strong> the week. The Board is also frustratedwith the progress <strong>of</strong> the project, but the contractstates the contractor has until January 13, 2013 tocomplete the entire project. The board thanked Mr.Oliphant for his comments.It was moved by Alderman Oliver, seconded byAlderman Morgan to adopt the proclamation forConstitution Week. All the aldermen voting aye,Mayor Patterson declared the motion carried.It was moved by Alderman Howell, seconded byAlderman Taylor to adopt the proclamation forRadical Reconciliation Celebration Month. All thealdermen voting aye, Mayor Patterson declared themotion carried.William Sloan sent a letter requesting the <strong>City</strong>declare land owned on Price Hill Road surplus and


378 3;===='~~~~~~~MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226PROFESSIONAL SERVICES:TAX ABATEMENT:ORDINANCE 2012-7:DOWNTOWN PARKINGADVISORTY COMMISSION:REZONING:REZONING:OXFORD PLANNINGCOMMISSION:allow his client, Karthikeyan Rathinavelu topurchase the property. Bart Robinson reported the<strong>City</strong> acquired this land from the state in 2003 toclean up the property and he thought it was propertythe <strong>City</strong> would like to keep for future needs. Therewas no motion made by the aldermen.It was moved by Alderman Morgan, seconded byAlderman Williams to authorize pr<strong>of</strong>essionalservices <strong>of</strong> a design for a col urn barium at the<strong>Oxford</strong> Cemetery. All the aldermen voting aye,Mayor Patterson declared the motion carried.Carter Hilt, representing G2 Investments, LLC,came before the Mayor and Board <strong>of</strong> Aldermen torequest a tax abatement, under section 27-31-10 I <strong>of</strong>the State codes, on a new hotel next to the HamptonInn Conference Center. This would be a TownHouse Suites by Marriott. They are asking for afive year abatement and $30,000.00 <strong>of</strong> sidewalkimprovements from the <strong>City</strong>. The project will becompleted in the later part <strong>of</strong> 20 13. MayorPatterson stated the current hotel has helped theConference Center's revenues. In general the boardis in favor <strong>of</strong> the tax abatement, but G2 Investmentswould need to come back to the Board <strong>of</strong> Aldermento request the abatemeut once the project iscompleted.It was moved by Alderman Antonow, seconded byAlderman Taylor to adopt Ordinance 2012-7, "ANORDINANCE AMENDING SECTION 102ARTICLE XVII STOPPING, STANDING,PARKING RESTRICTED OR PROHIBITED ONCERTAIN STREETS CODE OF ORDINANCESOF THE CITY OF OXFORD, MISSISSIPPI." SaidOrdinance is recorded in <strong>Book</strong> 8 <strong>of</strong> the <strong>City</strong> <strong>of</strong><strong>Oxford</strong> Code <strong>of</strong> Ordinances. All the aldermenpresent voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Howell, seconded byAlderman Antonow to reappoint Jeff Triplette, TomSharpe, and Jeff Alford to the Downtown ParkingAdvisory Commission. All the aldennen votingaye, Mayor Patterson declared the motion carried.This was the first reading <strong>of</strong> a proposed rezoningordinance for property located between H wy 7South and South Lamar from RA to RC.This was the first reading <strong>of</strong> a proposed rezoningordinance for property located south <strong>of</strong> Hwy 6 Westfrom RC to GB and NB.It was moved by Alderman Williams, seconded byAlderman Antonow to authorize the appointment <strong>of</strong>Hayden Alexander to the <strong>Oxford</strong> PlanningIII


4379MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61-0226Commission. All the aldennen voting aye, MayorPatterson declared the motion carried.IIOXFORD UNIVERSITYTRANSIT COMMISSION:FLOODPLAIN MANAGERSCONFERENCE:CLEANING PROPERTY:MS RURAL WATERASSOCIA nON:PARKING SPACESIZE:It was moved by Alderman Mike Black, JeanRobinson (replacing Shannon Robinson), DonnaGurley, and Issac Astill (replacing Jim Windham) tothe <strong>Oxford</strong> University Transit Commission. All thealdermen voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Bailey, seconded byAlderman Williams to authorize pennission for theBuilding Official to attend the Association <strong>of</strong>Floodplain Managers <strong>of</strong> Mississippi FallConference in Choctaw, MS on October 29-31,2012 with a cost <strong>of</strong>$295.00. All the aldennenvoting aye, Mayor Patterson declared the motioncarried.It was moved by Aldennan Howell, seconded byAlderman Bailey to authorize the <strong>City</strong> to cut thegrass on parceI135K-22-085 on Manor Drive and139F-30-048 on 2204 Church Street, the cost <strong>of</strong>cleaning the property will be assessed to theproperty taxes. All the aldermen voting aye, MayorPatterson declared the motion carried.It was moved by Aldennan Howell, seconded byAlderman Bailey to authorize pennission for twoWater Treatment Operators to attend MS RuralWater Association fall training in Batesville, MS onOctober 16-18,2012 at a cost <strong>of</strong>$250.00. All thealdermen voting aye, Mayor Patterson declared themotion carried.This was the public hearing and second reading <strong>of</strong>the proposed amendment to Appendix A, Article 7,Section 201, 201.09 <strong>of</strong> the Code <strong>of</strong> Ordinances <strong>of</strong>the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi to change requiredminimum parking space size. There was nocomment from the public. The third reading will beat the next board meeting.IORDINANCE CHANGE:REDISTRICTING PLAN:This was the public hearing and second reading <strong>of</strong>proposed amendment to Appendix A, Article 9,Section 230, Land Development Code, the Code <strong>of</strong>Ordinances <strong>of</strong>the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>. There was nocomment from the public. The third reading will beat the next board meeting.It was moved by Alderman Williams, seconded byAlderman Antonow to authorize counsel to sendDepartment <strong>of</strong> Justice letter regarding theredistricting plan. All the aldermen voting aye,Mayor Patterson declared the motion carried.


380 5MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61-226TENNIS EXPANSION:SELLER OF KEGS:CONTRACT FORBELK PROPERTY:METRO NARCOTICSBUDGET:It was moved by Alderman Bailey, seconded byAlderman Howell to approve Jeff Williams asengineer for the Tennis Expansion, per therecommendation from <strong>Oxford</strong> Park Commission.All the aldermen voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Morgan, seconded byAlderman Bailey to authorize Bikini Beer and Joe'sCraft Beer, LLC as sellers <strong>of</strong> kegs. All thealdermen voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Bailey, seconded byAlderman Williams to authorize Mayor Patterson tosign the contract with Belk Properties. The contractwill state the Belk's will demolish the last one third<strong>of</strong>the Oasis Building and put up a wall and the <strong>City</strong>will take care <strong>of</strong> the waste created from thedemolition. The Belk's will be required to obtain aCertificate <strong>of</strong> Occupancy. All the aldermen votingaye, Mayor Patterson declared the motion carried.It was moved by Alderman Howell, seconded byAlderman Antonow to approve the Metro Narcotics2013 Budget. All the aldermen voting aye, MayorPatterson declared the motion carried.III


DEPARTMENT:381METRO NARCOTICSMINUTE BOOK NGJr<strong>63</strong>J;~IT'fIOF OXFORDDEMENT MERIDIAN 61 0226YTD PROPOSED201112012 as <strong>of</strong> 8/24112 2012-7013,,ISalaries $204,076.10 $187,82528 $209,671.43Retirement 26,387.04 25,92640 30,716.86Overtime 25,000.00 13,432.86 25,000.00FICA 15,611.82 15,034.05 16,039.87Health & Li fe 1 ns. 21,000.00 18,928.08 21,309.00 ,Longevity Pay Plan 2,177.30 3,341.37 3,757.36Is "Jplies:TOTAL $294,252.26 $264,488.04 $306,494.52I,:2011/2012 as <strong>of</strong> 8/24112 2011-2013iClothing $2,400.00 $2,400.00 $2,400.00,Operating Supplies $14,000.00 $13,079.34 $16,000.00TOTAL $16,400.00 $15,479.34 $18,400.00o ler Services and Charges:IC pitalOutlay:2011/2012 as <strong>of</strong> 8/24112 2012/2013Training $1,500.00 $0.00 $1,500.00Communications $4,000.00 $2,68378 $4,000.00 iFuel $20,000.00 $13,645.73 $20,000.00Information and Buy $10,000.00 $12,197.00 $15,000.00MoneyVehicles $32,000.00 $32,145.35 $0.00Vehicles Maintenance 10,000.00 812.46 10,000.00and RepairTOTAL $77,500.00 $61,484.32 $50,500.00:2010/2011 as 0 f 8/24112 2012/2013Equipment $2,000.00 $0.00 $2,000.00TOTAL $2,000.00 $0.00 $2,000.00,G AND TOTAL: PROPOSED BUDGET $390,152.26 $377,394.52II!I


382 6MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226INTERN:TAXI DRIVERPERMIT:TRAINING:TRAINING:NATIONAL FIREACADEMY'S FIRE ARSONORIGIN CAUSE CLASS:ORDINANCE 2012-8:COMMUNICA TlONSOFFICER:RESIGNATION:ADVERTISEMENT:It was moved by Alderman Morgan, seconded byAlderman Bailey to approve John P. O'Conner asan intern with <strong>Oxford</strong> Police Department. All thealdermen voting aye, Mayor Patterson declared themotion carried.It was moved by Aldennan Morgan, seconded byAlderman Howell to approve Kenny T. Cooper as ataxi driver. All the aldermen voting aye, MayorPatterson declared the motion carried.It was moved by Alderman Antonow, seconded byAlderman Howell to approve four <strong>of</strong>ficers to attendtraining in Tupelo, MS on October 16-18,2012 witha cost <strong>of</strong> $200.00. All the aldermen voting aye,Mayor Patterson declared the motion carried.It was moved by Alderman Bailey, seconded byAlderman Howell to approve nine <strong>of</strong>ficers to attendtraining in Meridian, MS on October 22-26, 2012with a cost <strong>of</strong>$3,510.00. All the aldermen votingaye, Mayor Patterson declared the motion carried.It was moved by Alderman Morgan, seconded byAlderman Williams to approve assistant fire chief toattend National Fire Academy's Fire Arson OriginCause Investigation Class on September 23 -October 5, 2012 with a cost <strong>of</strong>$300.48. All thealdermen voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Morgan, seconded byAlderman Bailey to adopt Ordinance 2012-8, "ANORDINANCE AMENDING SECTION 38-178,APPOINTMENT OF MEMBERS, TO THE CITYOF OXFORD CODE OF ORDINANCES." SaidOrdinance is recorded in <strong>Book</strong> 8 <strong>of</strong> the <strong>City</strong> <strong>of</strong><strong>Oxford</strong> Code or Ordinances. All the aldermenvoting aye, Mayor Patterson declared the motioncarried.It was moved by Alderman HowelL seconded byAlderman Bailey to authorize the internaladvertisement for a communications <strong>of</strong>ficer. All thealdermen voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Morgan, seconded byAlderman Bailey to accept the resignation <strong>of</strong>Brandon Lee in the Sanitation Department. All thealdermen voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Howell, seconded byAlderman Williams to authorize the advertisementfor a pool <strong>of</strong> laborers for the Sanitation Department.III


,7 383MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61·0226All the aldermen voting aye, Mayor Pattersondeclared the motion carried.EXECUTIVE SESSION:It was moved by Alderman Howell, seconded byAlderman Antonow to consider executive sessionfor one personnel issue and three potential litigationissues. All the aldermen present voting aye, MayorPatterson declared the motion carried.It was moved by Alderman Bailey, seconded byAlderman Howell to go into executive session. Allthe aldermen present voting aye, Mayor Pattersondeclared the motion carried.IREGULAR SESSION:SUSPENSION:ADJOURN:It was moved by Alderman Howell, seconded byAlderman Bailey to come out <strong>of</strong> executive sessionand return to regular session. All the aldermenpresent voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Morgan, seconded byAlderman Antonow to suspend Harvey Lynch forfour days without pay and to put on probation forninety days in the Sanitation Department. All thealdermen voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Williams, seconded byAlderman Morgan to adjourn the meeting sine-die.All the aldermen present voting aye, MayorPatterson declared the motion carried.George G. Patterson, MayorI


384MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDiAN 61 ·226UNITED STA IES or AMERICASTATE or fYlISSISSIPPICOUNTY OF LAFAYETTECITY or OXFORDREUULAR i\IITIINUOctober 2. 20126:00 p.m.ICALL TO ORDER:The meeting orthe Mayor and Board <strong>of</strong> Aldennen<strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>. Mississippi. was called toorder by fYfayor Pattersoll at 6:00 p.m. on Tuesday. October2.2012. in the court room <strong>of</strong> Cit)" Hall when and where thefollowing were present:Ueorge U. Patterson - MayorNey Williams- Alderman Ward IE.O. OliYer- Alderman Ward IIJanice Antol1ow- Alderman Ward IIIUlysses Ho,,"ell- Alderman Ward IVPreston Taylor- Alderman Wanl VJason Bailey- Alderman Ward VIJohn Morgan- Alderll1an at Largef\layo i\lallette PIIC - Of CounselBart Robinson- iJirector <strong>of</strong> Public Worksr .isa Canvyle- ('ity ClerkTim Akers - Dir <strong>of</strong> Planningi\like Martil1- Chief <strong>Oxford</strong> Police DeptCary Sallis- Chief <strong>of</strong> rire DeptEddie Andersoll- Dir. <strong>of</strong> SanitationAI I lope- Dir <strong>of</strong> Iluman ResourcesRandy Barber- Director <strong>of</strong> lluildingBill\ Lamb- Supt. <strong>of</strong> Bldg & (houndsRob Neely- Supt. <strong>of</strong> Electric DepartmentIAUENDA:It was moved by Aldennan lIoweli. seconded by Aldennal\Wi lIiams to adopt the agenda for the meeting. All thealdermen present voting aye. Mayor Patterson declared themotion carried.i\1!\'{OR'S RFPOln:We continue to discuss and \\"Ork on the downtown parking issues. Frustrating problems. with nQclear. easy solutions. but to steal r.o·s words again. they are Ureat Problems to be working on. I'We could easily be in the situation <strong>of</strong> trying to figure out how to get people to come and simpand \isit.To underscore our financial strength and what a good .iob I belie\'e the Board <strong>of</strong> Aldennen ba\'edone for this community we linanced new equipillent this afternoon at a rate <strong>of</strong> 1.4 %. To meIthat isiust incredible. We are AA rated. We will continue to look Ill!" creative ways to save tax Ipaver dollars and linance future projects. Sue Fairbanks. our btJl1d attorney with Baker[)onnelson \\ill elaborate in a le\y minutes.Our insurance costs continue to spiraluJ1\vard. and we are looking for ways to keep costs downamI good insurance affordable I(Jr our employees. It is a tough task ill this econOlllY right now.Compliments and kudos keep pouring in fro111 our friends in Texas. Such as" I retired in Austin,1'111 sorry I didn't see Oxl(lnl first. Most li'iendl\' people and communit\" that I "aye e\"Cr visited.""I had heard ahout the Ciro\'e and the l(l\yn beforehand and it was every bit as beautiful andel,joyable as people said." I hope we contitllle to impress our visitors over the next several weeks\vith Ollr hospitality.


385DEMENT-MERIDIAN 61-0226o on y I we ose ormer ayor a amar a er a ong a e WI 1 cancer, we su en y osthe Reverend Julius Minor and Tricia Gibbs. Stalwarts <strong>of</strong> our community. They contributions onmany levels will be deeply missed. Our prayer is for the families to find Peace quickly.IMINUTES:ACCOUNTS:GENERAL OBLIGATIONNOTE RESOLUTION:It was moved by Alderman Antonow, seconded byAlderman Bailey to adopt the minutes <strong>of</strong> the specialmeeting on September 18,2012. All the aldermen presentvoting aye, Mayor Patterson declared the motion carried.It was moved by Alderman Howell, seconded by AldermanBailey to approve the payment <strong>of</strong> all accounts for the <strong>City</strong>.All the aldermen present voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Howell, seconded by AldermanTaylor to adopt the following resolution for the issuance <strong>of</strong>a $500,000.00 General Obligation Note. All the aldermenvoting aye, Mayor Patterson declared the motion carried.II2


386!-~~~~ .. I~YIr~nQ09g~l;i~!1.(t~tn~l:r;(igfgQ~fegijpgationMOOtilR"fNliwo<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi and, after a-discussion <strong>of</strong> the subject matter, Alderman Howel I<strong>of</strong>fered and moved the adoption <strong>of</strong> the following resolution:RESOLUTION OF TIlE MAYOR AND BOARD OF ALDERMEN UF THECITY OF OXFORD, MISSISSIPPI DIRECTING THE ISSUANCE OF AFIVE HUNDRED THOUSAND DOLLAR ($500,000) GENERALOBLIGATION NOTE, SERIES 2012 OF THE CITY OF OXFORD,MISSISSIPPI FOR THE PUHPOSE OF RAISING MONEY TOPURCHASE FIRE-FIGHTING EQUIPMENT AND APPARATUS AND TOPURCHASE MACHINEHY AND EQUIPMENT FOR SAID CITY;DIRECTING THE ISSUANCE OF SAID NOTE; PRESCRIBING THEFORM AND DETAILS OF SAID NOTE; PROVIDING CEHTAINCOVENANTS UF SAID CITY IN CONNECTION WITH SAID NOTEAND DIRECTING TilE PREPARATION, EXECUTION AND DELIVERYTHEREOF; RATIFYING THE PUBLICATION OF A NOTICE OF NOTESALE IN CONNECTION WITH SAID NOTE ANI} THE D1STIUBUTIONOF MATERIALS RELATED TO TIlE SALE AND ISSUANCE OF SAID ,INOTE; AND FOR RELATED PURPOSES.I'IWHEREAS, the Mayor and Board <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi (the"Governing Body"), acting for and on behalf <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi (the "<strong>City</strong>") areauthorized by Sections 21-33-301 el seq .• Mississippi Code <strong>of</strong> 1972, as amended (the "<strong>City</strong> Act")to issue general obligation bonds to raise money for the purposes set forth therein. including, butllnot limited to, purchasing fire-fighting equipment and apparatus and purchasing machinery an41equipment which has an expected useful life in excess <strong>of</strong>ten (10) years, including motor vehicle1weighing in excess <strong>of</strong> twelve thousand (12,000) pounds; and ,WHEREAS. pursuant to Sections 17-21-51 through 17-21-55, Mississippi Code <strong>of</strong> 1972,1as amended (the "Note Act" and collectively with the <strong>City</strong> Act, the "Act"), the Governing Body,jacting for and on behalf <strong>of</strong> the <strong>City</strong>, is authorized to issue negotiable notes <strong>of</strong> the <strong>City</strong> for an,purpose for which the Governing Body is otherwise authorized to issue bonds. notes 0certificates <strong>of</strong> indebtedness including those set forth in the <strong>City</strong> Act; and !IWHEREAS, on August 21. 2012, the Governing Body adopted a resolution (the "lntenResolution") declaring the necessity for the sale and issuance <strong>of</strong> a negotiable note <strong>of</strong> the <strong>City</strong> toraise money for the purpose <strong>of</strong> purchasing fire-fighting equipment and apparatus and purchasin~machinery and equipment which has an expected useful life in excess <strong>of</strong> ten (10) years, includinmotor vehicles weighing in excess <strong>of</strong> twelve thousand (12,000) pounds (the "Project")authorizing the publication <strong>of</strong> a Notice <strong>of</strong> Note Sale in cOImection with such note (the "Notice")and authorizing the distribution <strong>of</strong> a proposal for purchase (the "Proposal") and other materialSand information convenient to the sale <strong>of</strong> such note; andWIIEHEAS, the Project is in accordance with the provisions <strong>of</strong> the Act; andWHEREAS, the Governing Body is authorized pursuant to the Act to provide fundin~for the Project through the iss~ance <strong>of</strong> a negotiable note or notes or the <strong>City</strong> which notes woulbe secured by a pledge <strong>of</strong> the full faIth, credIt and resources <strong>of</strong> the CIty; andII


387WHERMIN'fI'lEeBQ(i)KyNG~c68}ilGl1i¥ior;~(ii)flIDvisable to'. ,.. • • •• DE NT· ERIDIAN61·0226Thousand Dollars ($500,000) in order to finance the Project; andWHEREAS, such general obligation note shall be designated the $500,000 <strong>City</strong> <strong>of</strong><strong>Oxford</strong>, Mississippi General Obligation Note, Series 2012 (the "Note"); andIWHEREAS, pursuant to the direction <strong>of</strong> the Intent Resolution, the Mayor <strong>of</strong> the <strong>City</strong>(the "Mayor") and Baker, Donelson, Bearman, Caldwell & Berkowitz, PC ("Special Counsel")prepared and published the Notice as required by the Note Act in The <strong>Oxford</strong> Eagle, <strong>Oxford</strong>,Mississippi, a newspaper having general circulation in the <strong>City</strong> and qualified under theprovisions <strong>of</strong> Section 13-3-31, Mississippi Code <strong>of</strong> 1972, as amended, on September 21,2012and September 28,2012, in the form attached hereto as Exhibit A; and\VHEREAS, the Mayor, Special Counsel and Government Consultants, Inc. (the"Financial Advisor"), pursuant to the Intent Resolution, prepared and distributed the Notice andthe Proposal to prospective purchasers <strong>of</strong> the Note in the forms attached hereto as Exhibit B; andWHEREAS, at or prior to the hour <strong>of</strong> 3:30 p.m., Mississippi time, on this 2 nd day <strong>of</strong>October 2012, there were filed with the Governing Body two (2) sealed proposals on the form <strong>of</strong>the Proposal which are attached hereto as Exhibit C and made a part here<strong>of</strong> for the purchase <strong>of</strong>the Note pursuant to the terms and provisions <strong>of</strong> the Notice as follows:Name <strong>of</strong> BidderBank <strong>of</strong> CommerceBancorpSouth BankNet Interest Rate2.90%WHEREAS, each <strong>of</strong> said Proposals has been read at length and has been considered bythe Governing Body; and1.43IWHEREAS, the Proposal <strong>of</strong> BancorpSouth Bank (the "Purchaser") produces the lowestinterest rate for the Note; andWHEREAS, the Note Act limits the aggregate amount <strong>of</strong> debt outstanding under theNote Act at anyone time to the greater <strong>of</strong> Two Hundred Fifty Thousand and NollOOths Dollars($250,000) or one percent (1 %) <strong>of</strong> the assessed value <strong>of</strong> all taxable property within the <strong>City</strong>according to the last completed assessment for taxation; and\VHEREAS, the assessed value <strong>of</strong> all taxable property within the <strong>City</strong>, according to thelast completed assessment for taxation, is Two Hundred Seventy-Seven Million Two HundredThree Thousand Forty-Two Dollars ($277,203,042); andWHEREAS, one percent (1%) <strong>of</strong> the assessed value <strong>of</strong> all taxable property locatedwithin the <strong>City</strong> is Two Million Seven Hundred Seventy-Two Thousand Thi11y Dollars($2,772,030); and2I


388II--:·rc=======c~. .... ~I~t~Q~~s~~·h§~v~liIXeWIe~~foQ~01la<strong>of</strong>M'$2e\;~J,lOQ~in outstanding indebtedness under the Note Act; al.1d- ... . .. I, WHEREAS, the issuance <strong>of</strong> the Note under the Act for the purpose <strong>of</strong> funding theProject will not exceed any constitutional or statutory limitation upon indebtedness which mayl, be incurred by the <strong>City</strong> including those set forth in Section 21-33-303 <strong>of</strong> the <strong>City</strong> Act; and IiWHEREAS, it is the opinion <strong>of</strong> the Governing Body that the best interest <strong>of</strong> the <strong>City</strong> widbe served by the acceptance 0 f the aforesaid proposal <strong>of</strong> the Purchaser; andWHEREAS, the issuance <strong>of</strong> the Note for the purpose <strong>of</strong> providing funds to finance the IProject will result in a substantial public benefit to the citizens <strong>of</strong> the <strong>City</strong>; andI,VIIEREAS, it has now become necessary that the Governing Body proceed to makJprovision for the preparation, execution, issuance and delivery <strong>of</strong> the Note.NOW, THEREFORE, BE IT IillSOL VED BY TIlE MAYOR AND BOARD OFALDERMEN OF THE CITY, ACTING FOR AND ON BElIAL!


1I.....oIIIl389<strong>of</strong> and the interMlNltlT6eBQOKsN(b:<strong>63</strong>,lQ;)P¥ Q~DXfigRDcted in the• • DE NT·MERIDIAN 61·0226Iwhich shall be so extended shall be sufficient in each year fully to produce the sums required asaforesaid, without limitation as to rate or amount. The avails <strong>of</strong> said tax are hereby irrevocablypledged for the payment <strong>of</strong> the principal <strong>of</strong> and interest on the Note as the same shallrespectively mature and accrue. Should there be a failure in any year to comply with therequirements <strong>of</strong> this Section 5, such failure shall not impair the right <strong>of</strong> the registered holder <strong>of</strong>the Note in any subsequent year to have adequate taxes levied and collected to meet theobligations <strong>of</strong> the Note, both as to principal and interest.SECTION 6. The Note will be dated and bear interest from the date <strong>of</strong> its delivery; willbe delivered in the denomination <strong>of</strong> $500,000; will be numbered R-I; will be issued in registeredform; and will bear interest, payable on April I and October I <strong>of</strong> each year commencing on April1, 2013, at the rate <strong>of</strong> 1.43% per annum. Interest will be payable by check or draft <strong>of</strong>BancorpSouth, Bank, Tupelo, Mississippi (the "Paying and Transfer Agent") made payable tothe registered holder <strong>of</strong> the Note as <strong>of</strong> the close <strong>of</strong> business on the date which shall be thefifteenth (15th) day (whether or not a business day) preceding such interest payment date andnamed in and mailed to the address appearing on the registration books <strong>of</strong> the <strong>City</strong> kept andmaintained by the Paying and Transfer Agent (the "Registration <strong>Book</strong>s"). Interest on the Notewill be computed on the basis <strong>of</strong> a 365-day year.Principal <strong>of</strong> the Note will be payable at the principal corporate trust <strong>of</strong>fice <strong>of</strong> the Payingand Transfer Agent on October I in the following years and amounts:IYearl>rincipalAmount2013 $ 95,0002014 100,0002015 100,0002016 100,0002017 105,000SECTION 7. The Note will be subject to redemption prior to maturity, at the option <strong>of</strong>the <strong>City</strong>, in whole or in part, on any date, at the principal amount there<strong>of</strong> together with accruedinterest to the date fixed for redemption and without premium. Notice <strong>of</strong> each such redemptionshall be mailed, postage prepaid, not less than two (2) business days prior to the redemption date,to the registered owner <strong>of</strong> the Note to be redeemed at the address appearing on the registrationbooks <strong>of</strong> the <strong>City</strong> maintained by the Paying and Transfer Agent.If the Note is redeemed in part, amounts paid in connection with such partial redemptionshall be applied first to interest to the extent then accrued and the remainder shall be applied toprincipal installments due thereunder as determined by the Governing Body. In case the Note isto be redeemed in part only, the notice <strong>of</strong> redemption for the Note shall state the part or portionthere<strong>of</strong> to be redeemed.Notice having been given in the manner and under the conditions hereinabove provided,the Note or portions there<strong>of</strong> so called for redemption shall, on the date designated for redemption4I


390in sucl~4T~JtQQI~uN~h~le


I~391MINUTE BO(i)1(RNo.F68;rCITY OF OXFORDDEMENT-MERIDIAN 61-0226THE SALE, ASSIGNMENT, REPLACEMENT OR TRANSFEROF THIS NOTE IS SUBJECT TO THE RESTRICTIONS IMI)OSEDTHEREON BY THE WITHIN MENTIONED RESOLUTIONIRegisteredNo. R-IUNITED STATES OF AMERICACITY OF OXFORD, MISSISSIPPIGENERAL OBLlGA TlON NOTE,SERIES 2012$500,000The <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi (the "<strong>City</strong>") for value received, hereby promises to payto Regions Bank, as registered holder here<strong>of</strong>, or its legal representatives or registered assigns ashereinafter provided (the "Registered Holder") at the times and in the amount set forth below, theprincipal sum <strong>of</strong>IFIVE HUNDRED THOUSAND DOLLARSin any coin or currency <strong>of</strong> the United States <strong>of</strong> America which, on the date <strong>of</strong> payment there<strong>of</strong> islegal tender for the payment <strong>of</strong> public and private debts, and to pay in like coin or currency,interest thereon from and including the date here<strong>of</strong> at the rate <strong>of</strong> 1.43% per annum payable onApril I and October I, commencing April 1,2013. Interest will be payable by check or draft <strong>of</strong>BancorpSouth Bank, Tupelo, Mississippi (the "Paying and Transfer Agent") made payable to theRegistered Holder <strong>of</strong> this Note as <strong>of</strong> the close <strong>of</strong> business on the date which shall be the fifteenth(15th) day (whether or not a business day) preceding such interest payment date and named inand mailed to the address appearing on the registration books <strong>of</strong> the <strong>City</strong> held and maintained bythe Paying and Transfer Agent. Interest on this Note will be computed on the basis <strong>of</strong> a 360-dayyear consisting <strong>of</strong> twelve (12) thirty (30) day months. Principal <strong>of</strong> the Note will be payable atthe principal corporate trust <strong>of</strong>fice <strong>of</strong> the Paying and Transfer Agent on October I in thefollowing years and amounts:YearPrincipalAmount2013 $ 95,0002014 100,0002015 100,0002016 100,0002017 105,000This Note is issued pursuant to the authority <strong>of</strong> and in full compliance with Sections17-21-51 through 17-21-55, Mississippi Code <strong>of</strong> 1972, as amended (the "Note Act") andSections 21-33-301 et seq., Mississippi Code <strong>of</strong> 1972, as amended (the "<strong>City</strong> Bond Act" andtogether with the Note Act, the "Act") and resolutions duly adopted by the Mayor and Board <strong>of</strong>Aldermen <strong>of</strong> the <strong>City</strong> on August 21, 2012 and October 2, 2012 (collectively, the "Resolution").6I


I~ I!u_.. ~I392This NM~NY,j[~~~g!


-,393The CitMlNUT~n8QO~sNo.g6S,1


394~~M~I~~~MD~ ~1~JI.{;~J;"~ff~QBRIONDEMENTMERIDIAN"'"This is the Not-e describe,d in the within menti:ned Resolution <strong>of</strong> the Mayor and-Board <strong>of</strong> IIAldermen <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi. ,BANCORPSOUTH BANK, as Payingand Transfer AgentDate <strong>of</strong> Registration and Authentication: _________ _By ________________________ __Authorized SignatoryISTATE OF MISSISSIPPICOUNTY OF LAFAYETTEREGISTRATION CERTIFICATEL the undersigned <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, do hereby certify that thewithin Note has been validated and conlirmed by decree <strong>of</strong> the Chancery Court <strong>of</strong> LafayetteCounty, Mississippi, rendered on the day <strong>of</strong> October, 2012 pursuant to the Act and thatthe Note has been registered as an obligation <strong>of</strong> said <strong>City</strong> pursuant to law in a record kept in my I<strong>of</strong>fice for that purpose,(SEAL)<strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>,MississippiFORVALUEASSIGNMENTRECEIVED, the undersigned sells, assigns and transfers unt9I(Name and Address <strong>of</strong> Assignee)Ithe within Note and does hereby irrevocably constitute and appointlas registrar and transfer agent to transfer the within Note on thllrecords kept for registration there<strong>of</strong> with full power <strong>of</strong> substitution in the premises, ,I9I


395MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226I(Bank, Trust Company or Paying Agent)(Authorized OfficerDate <strong>of</strong> Assignment: _________ _Insert Social Security Number or other TaxIdentitication Number <strong>of</strong> AssigneeNOTICE: The signature to this--lAssignment must correspond with thename <strong>of</strong> the registered holder as it appearsupon the face <strong>of</strong> the within Note in everyparticular, without any alteration whatever,and must be guaranteed by a commercialbank or trust company or a member <strong>of</strong> anational securities exchange who is amember <strong>of</strong> a Medallion SignatureGuarantee Program.[END OF FORM OF NOTE]ISECTION 10. Subject to the restrictions contained herein, the registration <strong>of</strong> the Notemay be transferred upon the Registration <strong>Book</strong>s upon delivery to the Paying and Transfer Agent,accompanied by a written instrument or instruments <strong>of</strong> transfer in form and with guaranty <strong>of</strong>signatures satisfactory to the Paying and Transfer Agent, duly executed by the registered holder<strong>of</strong> the Note or by his attorney-in-fact or legal representative, containing written instructions as tothe detail <strong>of</strong> transfer <strong>of</strong> the Note, along with the social security number or federal employeridentification number <strong>of</strong> such transferee. In all cases <strong>of</strong> a transfer <strong>of</strong> the Note, the Paying andTransfer Agent shall at the earliest practical time according to the provisions <strong>of</strong> this resolutionenter the transfer <strong>of</strong> ownership in the Registration <strong>Book</strong>s and shall deliver in the name <strong>of</strong> thetransferee a new fully registered note identical to the Note. The <strong>City</strong> may charge the registeredholder <strong>of</strong> the Note for the registration <strong>of</strong> every such transfer <strong>of</strong> the Note sumcient to reimburse itfor any tax, fee or any other governmental charge required (other than by the <strong>City</strong>) to be paidwith respect to the registration <strong>of</strong> such transfer, and may require that such amounts be paidbefore any new such Note shall be delivered.The Note may only be transferred upon compliance by the registered holder <strong>of</strong> the Notewith the terms and provisions <strong>of</strong> this resolution, specifically, the registered holder <strong>of</strong> the Notemust obtain from the purchaser or transferee there<strong>of</strong>, and deliver to the <strong>City</strong> on or before theclosing date there<strong>of</strong>, a document satisfactory to the <strong>City</strong> to the effect that:(a) such purchaser is purchasing the Note for its own account for the purpose <strong>of</strong>investment and not with a view towards distribution or resale;(b) such purchaser has knowledge and experience in financial matters and is capable<strong>of</strong> evaluating the merits and risk <strong>of</strong> purchasing the Note;(c)such purchaser has read and fully understands this resolution;10I


396r:- 01MINur~uWJ~~ ~!l ~rtC'J"¥ o~ :CXfsQcRll from,!I;\i;,~,tlclllkthelilforl1?atlOn, documents andmatcrillis which It regards as· necessarY to evaluate tile merits.!.and nsks <strong>of</strong> Its purchase <strong>of</strong> the Note;•• ( e) such purchaser recognizes that Baker, Donelson, Bearman, Caldwell &1I Berkowitz, P.C. ("Special Counsel") is not responsible for any information contained in o~omitted from materials regarding the <strong>City</strong> and the Note, this resolution and the Note an~acknowledges that it does not look to Special Counsel to obtain such information on its behalf;,andI(I) while it has no present intention to resell or otherwise dispose <strong>of</strong> all or any part <strong>of</strong>the Note purchased by it, such purchaser assumes responsibility for disclosing all material'information in.compliance with all applicable federal and state securities laws in the event <strong>of</strong> itl·resale or transfer <strong>of</strong> tire Note.The above limitation shall not prohibit the Purchaser from selling or transferringparticipation interests in the Note to other national or state banks or similar institutions providedlthat the holders <strong>of</strong> such participation interests shall provide a document similar to the one setlforth above satisfactory to the <strong>City</strong> and Special Counsel, and such holders shall have no right t(1,sell or transfer their participation interests without prior approval <strong>of</strong> the <strong>City</strong> except to th~Purchaser.If the date for payment <strong>of</strong> the principal <strong>of</strong> and interest on the Note shall be a Saturday,;Sunday, legal holiday or a day on which banking institutions in the <strong>City</strong> are authorized by law oliexecutive order to close, the.n the date for such payment shall be the next succeeding day WhiC~liis not a Saturday, Sunday, legal holiday or a day on which such banking institutions arauthorized to close, and payment on such day shall have the same force and effect as if made 0the normal day <strong>of</strong> payment.SECTION 11. (a) So long as the Note shall remain outstanding, the <strong>City</strong> shallmaintain with the Paying and Transfer Agent records for the registration and transfer <strong>of</strong> the NoteThe Paying and Transfer Agent is hereby appointed registrar for the Note, in which capacity th ,Paying and Transfer Agent shall register in such records and permit to be transferred thereonunder such reasonable regulations as may be prescribed, any Note entitled to registration 0transfer.I(b) The <strong>City</strong> shall payor reimburse the Paying and Transfer Agent for reasonable fee~for the performance <strong>of</strong> the services normally rendered and the incurring <strong>of</strong> normal expensereasonably and necessarily paid as are customarily paid to paying agents, transfer agents annote registrars, subject to agreement between the <strong>City</strong> and the Paying and Transfer Agent. FeeSand reimbursements for extraordinary services and expenses, so long as not occasioned by thenegligence, misconduct or willful default <strong>of</strong> the Paying and Transfer Agent, shall be made by th~<strong>City</strong> on a case-by-case basis, subject, where not prevented by emergency or other exigenlcircumstances, to the prior written approval <strong>of</strong> the Governing Body.iI(c) (I) A Paying and Transfer Agent may at any time resign and be discharged <strong>of</strong>its duties and obligations as Paying and Transfer Agent, by giving at least sixty (60) daysIII


397resolution· shall specify the ~ate on whic;l such removal s;lall take effect and the l~ame-·and address <strong>of</strong> the successor Paying and Transfer Agent, and shall be transmitted to thePaying and Transfer Agent being removed within a reasonable time prior to the effectivedate there<strong>of</strong>; provided, however, that no resignation or removal <strong>of</strong> a Paying and TransferAgent shall become effective until a successor Paying and Transfer Agent has beenappointed pursuant to this resolution.II(2) Upon receiving notice <strong>of</strong> the resignation <strong>of</strong> the Paying and Transfer Agent,the <strong>City</strong> shall promptly appoint a successor Paying and Transfer Agent by resolution <strong>of</strong>the Governing Body. Any appointment <strong>of</strong> a successor Paying and Transfer Agent shallbecome eftective upon acceptance <strong>of</strong> appointment by the successor Paying and TransferAgent. If no succeSSDr Paying and Transfer Agent shall have been SD appDinted and haveaccepted appointment within thirty (30) days after the notice <strong>of</strong> resignation, the resigningPaying and Transfer Agent may petition any court <strong>of</strong> cDmpetent jurisdictiDn fDr theappDintment <strong>of</strong> a success Dr Paying and Transfer Agent, which court may thereupon, aftersuch notice as it may deem appropriate, appDint a successor Paying and Transfer Agent.(3) In the event <strong>of</strong> a change <strong>of</strong> Paying and Transfer Agents, the predecessorPaying and Transfer Agent shall cease to be custodian <strong>of</strong> any funds held pursuant to thisresDlution in connection with its role as such Paying and Transfer Agent, and thesuccessor Paying and Transfer Agent shall becDme such custodian; provided, however,that befDre any such delivery is required tD be made, all reasonable fees, advances andexpenses <strong>of</strong> the retiring Dr remDved Paying and Transfer Agent shall be hIlly paid. EverypredecessDr Paying and Transfer Agent shall deliver tD its succeSSDr Paying and TransferAgent all bDDks Df account, registration recDrds and all other recDrds, dDcuments andinstruments relating to its duties as such Paying and Transfer Agent.I(4) Any successor Paying and Transfer Agent appointed under the provisionshere<strong>of</strong> shall be a bank, trust company or national banking association having FederalDeposit Insurance Corporation insurance <strong>of</strong> its accounts, duly authorized to exercisecorporate trust powers and subject to examination by and in good standing with thefederal and/or state regulatDry authDrities under the jurisdictiDn <strong>of</strong> which it falls.(5) Every successor Paying and Transfer Agent appDinted hereunder shallexecute, acknowledge and deliver tD its predecessor Paying and Transfer Agent and to the<strong>City</strong> an instrument in writing accepting such appDintment hereunder, and thereupDn suchsuccessor Paying and Transfer Agent, without any further act, shall become fully vestedwith all the rights, immunities and pDwers, and be subject tD all the duties andDbligatiDns, <strong>of</strong> its predecessor.(6) ShDuld any transfer, assignment or instrument in writing be required by anysucceSSDr Paying and Transfer Agent from the <strong>City</strong> to mDre fully and certainly vest insuch succeSSDr Paying and Transfer Agent the estates, rights, powers and duties herebyvested or intended tD be vested in the predecessor Paying and Transfer Agent, any such12I


398:c======="~~Wtsf~T&i§QQ ~~~iti~, i~nlnJ;~)f;hQ,XfrPAg~t,ackno\vledgedancl delivered by the <strong>City</strong>.--~~N'WOilawoo,.... II(7) The <strong>City</strong> will provide any successor Paying and Transfer Agent with certifie?copies <strong>of</strong> all resolutions, orders and other proceedings adopted by the Governing Bodyrelating to the Note.(8) All duties and obligations imposed hereby on a Paying and Transfer Agent asuccessor Paying and Transfer Agent shall terminate upon the accomplishment <strong>of</strong> aduties, obligations and responsibilities imposed by law or required to be performed bthis resolution. 1(d) Any corporation or association into which a Paying and Transfer Agent may bf'converted or merged, or with which it may be cOllsolidated or to which it may sell or transfer i sassets as a whole or substantially as a whole, or any corporation or association resulting from all'such conversion, sale, merger, consolidation or transfer to which it is a party, shall be andbecome successor Paying and Transfer Agent hereunder and vested with all the power~,discretions, immunities, privileges and all other matters as was its predecessor, without thexecution or filing <strong>of</strong> any instrument or any further act, deed or conveyance on the part <strong>of</strong> eith~the <strong>City</strong> or the successor Paying and Transfer Agent, anything herein to the contrarnotwithstanding, provided only that such successor Paying and Transfer Agent shall b'satisfactory to the <strong>City</strong> and eligible under the provisions <strong>of</strong> Section II(c)(4) here<strong>of</strong>,SECTION 12, In case the Note shall become mutilated or be stolen, destroyed or lost,the <strong>City</strong> shall, if not then prohibited by law, cause to be delivered a new Note <strong>of</strong> like dat~,number, maturity and tenor in exchange and substitution for and upon cancellation <strong>of</strong> SIlCmutilated Note, or in liell <strong>of</strong> and in substitution for such Note stolen, destroyed or lost, upon tregistered holder's paying the reasonable expenses and charges <strong>of</strong> the <strong>City</strong> in connectio'therewith, and in case <strong>of</strong> a Note stolen, destroyed or lost, his filing with the <strong>City</strong> or Paying anTransfer Agent evidence satisfactory to it or them that sllch Note was stolen, destroyed or los,and <strong>of</strong> his ownership there<strong>of</strong>. and furnishing the <strong>City</strong> or Paying and Transfer Agent with sucsecurity or indemnity as may be required by law and by them to save each <strong>of</strong> them harmless frorall risks, however remote.IISECTION 13. The Note shall be prepared and executed as soon as may be practicableafter the adoption <strong>of</strong> this resolution and shall be delivered thereafter to the Purchaser.SECTION 14. If (a) the <strong>City</strong> shall payor cause to be paid to the holder <strong>of</strong> the Note tJ'~principal <strong>of</strong>, and interest to become due thereon at the times and in the manner stipulated thereiand herein, (b) all reasonable fees and expenses <strong>of</strong> the Paying and Transfer Agent shall ha ebeen paid, and (c) the <strong>City</strong> shall have kept, performed and observed all and singular thecovenants and promises in the Note and in this resolution expressed as to be kept, performed anpobserved by it or on its part, then the Note shall cease to be entitled to any lien, benefit ejrsecurity under this resolution and shall no longer be deemed to be outstanding hereunder. jlSECTION 15. The person in whose name the Note shall be registered in the records fthe <strong>City</strong> kept and maintained by the Paying and Transfer Agent may be deemed the absolu e13I


,399holder there<strong>of</strong>fcM1WCfsE, SOGKnNor <strong>63</strong>;cGliJ)¥hOImQKfFGA&st on the• . MENT ERIDIAN61-0226representative, but such registration may be changed as herein provided. All such payments shallbe valid and effectual to satisfy and discharge the liability upon the Note to the extent <strong>of</strong> the sumor sums so paid.ISECTION 16. (a) The <strong>City</strong> shall maintain with a qualified depository there<strong>of</strong> a fund (the"Series 2012 Note Fund") in its name for the payment <strong>of</strong> the principal <strong>of</strong> and interest on the Noteand the payment <strong>of</strong> the Paying and Transfer Agent's fees in connection therewith. There shall bedeposited into the Series 2012 Note Fund as and when received:(1) the avails <strong>of</strong> any <strong>of</strong> the ad valorem taxes levied and collected pursuant toSection 2 here<strong>of</strong>;(2) any income received from investment <strong>of</strong> monies in the Series 2012 NoteFund; and(3) any other funds available to the <strong>City</strong> which may be lawfully used forpayment <strong>of</strong> the principal <strong>of</strong> and interest on the Note, and which the Governing Body, inits discretion, may direct to be deposited into the Series 2012 Note Fund.(b) As long as any principal <strong>of</strong> and interest on the Note remains outstanding, the Clerk ishereby irrevocably authorized and directed to withdraw from the Series 2012 Note Fundsufficient monies to make the payments herein provided for and to transfer same to the account<strong>of</strong> the Paying and Transfer Agent in time to reach said Paying and Transfer Agent at least one (I)business day prior to the date on which said principal and interest shall become due.ISECTION 17. (a) The principal proceeds received upon the sale <strong>of</strong> the Note shall bedeposited with a qualified depository <strong>of</strong> the <strong>City</strong> in a special fund, hereby created, in the name <strong>of</strong>the <strong>City</strong> designated the "Series 2012 Note Project Fund" from which there shall be first paid bythe Clerk all expenses, premiums, fees and commissions incurred and deemed necessary oradvantageous in connection with the authorization, sale, issuance, validation and delivery <strong>of</strong> theNote, including but not limited to, Special Counsel fees and legal expenses, Financial Advisorfees and expenses, <strong>City</strong> counsel fees and expenses and all claims that may have been incurred todate in connection with the Project, which payments shall subsequently be approved and ratifiedby the Governing Body.(b) The balance <strong>of</strong> such proceeds shall be used, to the extent permitted by law, (I) for theProject or to reimburse the <strong>City</strong> for any expenses in connection with the Project to the extentpermitted by the Internal Revenue Code <strong>of</strong> 1986, as amended (the "Code"); (2) to payengineering, fiscal, trustee, printing, accounting, construction manager, feasibility consultant,legal expenses and development expenses incurred in connection with the Project or to reimbursethe <strong>City</strong> for any expenses in connection with the Project to the extent permitted by the Code, andthe issuance <strong>of</strong> the Note; (3) to pay the premium or premiums on any insurance or any form <strong>of</strong>guarantee obtained from any source to assure the prompt payment <strong>of</strong> principal and interest on theNote when due; and (4) to pay costs related to any suits and proceedings in connection with theProject, including any costs <strong>of</strong> settlement there<strong>of</strong>.14I


Ir400'.1,~~~1i. ~199t!


,401sE,cTldtIIINliTEn8Q0K1IN01pt<strong>63</strong>~J'¥piOFh(j))(Fi9RDl p~X.~~f"ER'D"N"0226SECTION 25. If anyone or more <strong>of</strong> the provIsIons <strong>of</strong> this resolution shall for anyreason be held to be illegal or invalid, such illegality or invalidity shall not affect any <strong>of</strong> the otherprovisions <strong>of</strong> this resolution, but this resolution shall be construed and enforced as if such illegalor invalid provision or provisions had not been contained herein.IAlderman Taylor seconded the motion to adopt the foregoing resolution, and the questionbeing put to a roll call vote, the result was as follows:Alderman Ney Williams voted:Alderman E.O. Oliver voted:Alderwoman Janice Antonow voted:Alderman Ulysses Howell voted:Alderman Preston E. Taylor voted:Alderman Jason Bailey voted:Alderman John Morgan voted:AyeAyeAyeAyeAyeAyeAyeThe motion having received the affirmative vote <strong>of</strong> a majority <strong>of</strong> the members <strong>of</strong> theGoverning Body present, being a quorum <strong>of</strong> said Governing Body, the Mayor declared themotion carried and the resolution adopted this 2 nd day <strong>of</strong> October, 2012.1134399290291412I16I


402MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226IEXHIBIT APROOF OF PUBLICATION OF NOTICE OF NOTE SALEII


.,~QnCE QF NOTE SALE" $500,000CITY OF OXFORD."'~SSISS'PPIGENERAL QBug~nONNOTE, SERIES 2012NOTICE IS HEREBY GIVENthat theAlderme (the ~GoljerningBody") 0 the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>,Mississi pi (the "<strong>City</strong>") willreceive bids fl tile Oftice<strong>of</strong> the C y Clerk in the <strong>City</strong>Hall <strong>of</strong> Ih <strong>City</strong> located at 107Courth e Square in the <strong>City</strong>until the our <strong>of</strong> 3:30 p.m. onOctober 2012, at which timesaid _ . be pubicIy openedby the Ci Clerk and read forlthe pure sa at nQt less thanpat <strong>of</strong> ,000 <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>,Mississl . General ObWgationNote, ~ 2012 (the "Note"),'at whdl said proposals wi!be opened and ~ IQrthf:i p~" -9 <strong>of</strong> the Note.Th!i1 N ~ will be dateq andbear _ e&t from the d~te <strong>of</strong>its deJb(, ; will be delivered Inthe" ination <strong>of</strong> $500,001,);will be n mbered R-I; will beissl.l8d· registered fonn; andwill be interest, payable onAprilt d October 1 Df eachyear co mencing on April 1,2013, a the rate <strong>of</strong> interestspecifi d in the proposalsubmitt . by the successfulbidder i accordance with thisNotice Note Sale. Interestwill be ayable by check ordraft <strong>of</strong> bank or banks to benamed !he <strong>City</strong> (the "Payingand Tr sfer Agent") madepayable the registered owner<strong>of</strong> the ate named in, andmaied "" address appeamgon the gistration books <strong>of</strong>the <strong>City</strong> I and maintained bythe Pa . g and Transfer Agent.Princi aI <strong>of</strong> the Note will bepayabl at the principalCQrpor e trust <strong>of</strong>fice 01 thePaying Transfer Agent onOctober 11 the following yearnIand am unts: PrincipalY r Amount~o 95,00020 100,00020 100,00020 100,00020 105,000TheI~ wi~ be subjecl: toon prior to maturity,~pon 01 the Gity, inin part, QO any date, .IIIllOIII1I "1lIl"'Iwitt! ~~d interest_ for redemptionu!J1 premi4m. Noticeuch rademption shalibe mao U, j10stage prepaid,not Ie. tnan two (2) businessdays p or to the redemptiondate, the registered owner<strong>of</strong> the ate 10 be redeemedappearing on theion books 01 the <strong>City</strong>main ed by the Paying andTransf r AgentTh Note will be issuedpursu t to the provisions <strong>of</strong>SeCiio s 21-33-301 et seq.,Missls ppi Cude <strong>of</strong> 1972, asd (the "<strong>City</strong> Act") anp17-21-51 through 17-Mississippi Code <strong>of</strong>amended (the nNotetogether with the <strong>City</strong>"Act"). The Note isto raise ffi90ey forse <strong>of</strong> purchasing fire-9 equipment andtlls and' purchasingaoo equlment 'Nhdlexpected uselullife in<strong>of</strong> ten (10) years,inolu ing motor vehiclesweigh 9 In excess <strong>of</strong> twelyethous d (12,000) pounds,cer1ain costs inCidentar!date shall be a ganeraln <strong>of</strong> the <strong>City</strong>. The full, and resources <strong>of</strong> the~~tosecurement <strong>of</strong> the principalinterest on the NoteNote shall be payablead valorem tax to be'''''''\'-ut limit as to rate ornt upon all taxablewithin the <strong>City</strong>.. The Nots Is to be so~ at parand 'IS to be aVJE.Y~ to It!ebidder


404liquidated damages Petidingthe application 0' the g'll"1 N U"T'Gl1n DA ~rllttII"'e~WftlftO.faith deposit <strong>of</strong> the succeslVllbidder as aforesaid s,reh%0 o/'r:Mssfir! bidrjershal! notI d~posft may be invested tn have accepied deliWry <strong>of</strong> anddirect obligations <strong>of</strong>, orpaid for the Note, and ih suchobligations guaranteed by theevent the <strong>City</strong> shaH relain theUnited States <strong>of</strong> America or Insuccessful bidder's good faithrepurchase agreements withdeposit as liquidated damages.banks fully secured by suchFurther information may beI obligations, and the <strong>City</strong> snail ob1ained from Lisa Carwyle,be entltfed to any income from <strong>City</strong> Clerk, <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, 107any such investmentCourthouse Square, <strong>Oxford</strong>,The Goveming 8OOy' reservesMississippi 38655 telephone:thti ngt,t 1o reject any or aIr(662)232-2312. or from thepropasalti as well as the rightj<strong>City</strong>'s financial advisor.to waive any irregularity orGovemment Consultants, Inc.,infonnalltyin any proposal. AJJ1830 Crane Rid'ge Drive.proposals shan be submitled on Jackson, MississippI 39216,a Proposal for Purchase which telephone: (601)982-0005.,may be obtained from Usaattention: Mr. Demery Grubbs.Carwyle, <strong>City</strong> Clerk, <strong>City</strong> <strong>of</strong> DATED: September 1 B,<strong>Oxford</strong>, 107 Courthouse 2012Square, <strong>Oxford</strong>, MississippiCITY OF OXFORD,3B655 telephone: (662)232-MISSISSIPPI2312, Of from the <strong>City</strong>·s financial By Isllisa Carwyleadvisor, Government <strong>City</strong> ClerkConsultants. Inc .. 1830 CranePublish: September 21 andRidge Drive, Jackson, 28,2012.Missfssippl39216, telephone:(601)982·0005, attention: Mr.Demery Grubbs.In the opinion <strong>of</strong> SpecialCounsel, asst.n1ling complianceby the <strong>City</strong> with certain taxcovenants, under existingstatutes, regulations, rulingsand court decisions, intereston the Note is excluded fromgross income for federal ncometax purposes. Furthermore,interest on the Note is nol anitem <strong>of</strong> tax preference forpurposes <strong>of</strong> the federalalternative minimum taximposed on individuals andCQipotaliol,s; however, intereston tHe ~ is Bken inIo accountin determining adjusted cuTTBrrtearnings for purposes <strong>of</strong>computing the alternativeminlmuin tax imposed onco~. Special Counselwill express no olher opinionregarding other federal taxconsequences resullng from theownership, receipt or accrual<strong>of</strong> interest on or disposition <strong>of</strong>the Note. In addition, SpecialCounsel is further <strong>of</strong> the opinionthat under and pursuant to theAct. the Note and interestthereon are exempt from aUincome taxes imposed by theSlate <strong>of</strong> MississippiThe final approving opinionot Special Counsel relating tothe vafidity and tax exemption<strong>of</strong> the Note, together with anon-litigation certificate <strong>of</strong> the<strong>City</strong> dated the date <strong>of</strong> delivery<strong>of</strong> the Note, and a transcript <strong>of</strong>the proceedings relating to theNole will be delivered to thesuccessful bidder withoutcharge.The successful bidder witt begiven at least seven (7) rusinessdays advance notice <strong>of</strong> theproposed _ <strong>of</strong> delfvety <strong>of</strong> ..,Note when that date hEls beententatively detennined. TheNote will be -..,.,,, 0xf0T


,MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORD405DEMENT-MERIDIAN 61-0226IEXHIBIT BNOTICE OF NOTE SALE ANDFORM OF PROPOSAL FOR PURCHASEII


406~~~~M~I~N~U~T~E~B~O~O~K~~~~~I~~~~~~~¥~sQ~~~O~X~FO~R~D~~DeMeNcMCRmN""~,1$500,000CITY OF OXFORD, MISSISSIPPIGENERAL OBLIGATION NOTE, SERIES 2012'IINOTICE IS HEREBY GIVEN that the Mayor and Board <strong>of</strong> Aldermen (the "Governing Body"<strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi (the "<strong>City</strong>") will receive sealed bids in the Office <strong>of</strong> the <strong>City</strong> Clerk ithe <strong>City</strong> Hall <strong>of</strong> the <strong>City</strong> located at 107 Courthouse Square in the <strong>City</strong> until the hour <strong>of</strong> 3:30 p.m. aOctober 2, 2012, at which time said bids will be publicly opened by the <strong>City</strong> Clerk and read for thpurchase at not less than par <strong>of</strong> $500,000 <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi General Obligation Note, Serie2012 (the "Note"), at which time said proposals will be publicly opened and read for the purchase <strong>of</strong> thN~.IIThe Note will be dated and bear interest from the date <strong>of</strong> its delivery; will be delivered in th¢denomination <strong>of</strong> $500,000; will be numbered R-l; will be issued in registered form; and will bear interest,payable on April 1 and October 1 <strong>of</strong> each year commencing on April 1, 2013, at the rate <strong>of</strong> interestspecified in the proposal submitted by the successful bidder in accordance with this Notice <strong>of</strong> Note Sale;Interest will be payable by check or draft <strong>of</strong> a bank or banks to be named by the <strong>City</strong> (the "Paying anTransfer Agent") made payable to the registered owner <strong>of</strong> the Note named in, and mailed to the addresappearing on the registration books <strong>of</strong> the <strong>City</strong> kept and maintained by the Paying and Transfer Agent.Principal <strong>of</strong> the Note will be payable at the principal corporate trust <strong>of</strong>fice <strong>of</strong> the Paying anTransfer Agent all October I in the follovving years and amounts:YearPrincipalAmount2013 $ 95,0002014 100,0002015 100,0002016 100,0002017 105,000The Note will be subject to redemption prior to maturity, at the option <strong>of</strong> the <strong>City</strong>, in whole or~'pari, on any date, at the principal amount there<strong>of</strong> together with accrued interest to the date fixed" rredemption and without premium. Notice <strong>of</strong> each such redemption shall be mailed, postage prepaid, n ~less than two (2) business days prior to the redemption date, to the registered owner <strong>of</strong> the Note to bredeemed at the address appearing on the registration books <strong>of</strong> the <strong>City</strong> maintained by the Paying an~Transfer Agent.IThe Note will be issued pursuant to the provisions <strong>of</strong> Sections 2[-33-301 et seq., MississippiCode <strong>of</strong> 1972, as amended (the "<strong>City</strong> Act") and Sections 17-21-51 through 17-21-55, Mississippi Code <strong>of</strong>1972, as amended (the "Note Act" and together with the <strong>City</strong> Act, the "Act"). The Note is being issued traise money for the purpose <strong>of</strong> purchasing fire-fighting equipment and apparatus and purchasinmachinery and equipment which has an expected useful life in excess <strong>of</strong> ten (10) years, including motorvehicles weighing in excess <strong>of</strong> twelve thousand (12,000) pounds, and paying certain costs incident to thsale and issuance <strong>of</strong> the NDte.,.1The Note shall be a general obligation <strong>of</strong> the <strong>City</strong>. The full faith, credit and resources <strong>of</strong> the Crlshall be pledged to secure the payment <strong>of</strong> the principal <strong>of</strong> and interest on the Note and the Note shall ~FII ,I


407IThe Note is to be sold at par and is to be awarded to the bidder complying with the terms here<strong>of</strong>and <strong>of</strong>fering to purchase the Note at the lowest rate <strong>of</strong> interest to the <strong>City</strong>. The Note shall bear only onerate <strong>of</strong> interest as specitled in the proposal which it will bear from its date to its stated maturity date <strong>of</strong>October 1,2017. The rate <strong>of</strong> interest on the Note shall not exceed eleven percent (11%) per annum.Bidders must acknowledge in their respective proposals that, contemporaneously with or prior to delivery<strong>of</strong> the Note, the <strong>City</strong> shall receive from the successful bidder a document in form and substancesatisfactory to the <strong>City</strong> to the effect that:(a) the successful bidder is purchasing the Note for its own account for the purpose <strong>of</strong>investment and not with a view towards distribution or resale;(b) the bidder has knowledge and experience 111 financial matters and it IS capable <strong>of</strong>evaluating the merits and risks <strong>of</strong> purchasing the Note;(c)the bidder has read and fully understands the resolutions under which the Note is issued;(d) the bidder has had an opportunity to obtain and has received from the <strong>City</strong> all <strong>of</strong> theinformation, documents and materials which it regards as necessary to evaluate the merits and risks <strong>of</strong> itspurchase <strong>of</strong> the Note;(e) the bidder recognizes that Baker, Donelson, Beannan, Caldwell & Berkowitz, PC("Special COllnsel") is not responsible for any information contained in or omitted from materialsregarding the <strong>City</strong> and the Note and acknowledges that it does not look to Special Counsel to obtain suchinformation on its behalf; and(I) while it has no present intention to resell or otherwise dispose <strong>of</strong> all or any part <strong>of</strong> theNote purchased by it, the bidder assumes responsibility for disclosing all material information Incompliance with all applicable federal and state security laws in the event <strong>of</strong> its resale <strong>of</strong> the Note.IAll proposals must be enclosed in a sealed envelope and should be addressed to the GoverningBody, at their <strong>of</strong>fices located at <strong>City</strong> Hall, 107 Courthouse Square, <strong>Oxford</strong>, Mississippi 38655 attention:Lisa Carwyle, <strong>City</strong> Clerk, <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> and worded on the outside, in substance, "Proposal for <strong>City</strong> <strong>of</strong><strong>Oxford</strong>, Mississippi General Obligation Note, Series 2012". ALL PROPOSALS MUST BEUNCONDITIONAL AND, AS A CONDITIOl\ PRECEDENT TO THE CONSIDERATION OFITS PROPOSAL, EACH BIDDER MUST ENCLOSE WITH IT, AS A GOOD FAITH DEPOSIT,A CERTIFIED OR CASIIIER'S CHECK DRAWN UPON A BANK LOCATED WITHIN THESTATE OF MISSISSIPPI PAYABLE TO THE ORDER OF THE CITY OF OXFORD,MISSISSIPPI FOR TEN THOUSAND AND NO/IOOTHS DOLLARS ($10,000.00). No interest willbe allowed on any good faith deposit. Proposals will be accepted or rejected by the Governing Body onthe date above shown for the sale <strong>of</strong> the Note. When a proposal is rejected by the Governing Body, thegood faith deposit accompanying said proposal will be returned to the bidder. When a proposal isaccepted by the Governing Body, the good faith deposit accompanying said proposal will be applied aspart payment for the Note or, if the successful bidder fails to comply with this agreement to purchase theNote, will be retained as liquidated damages. Pending the application <strong>of</strong> the good faith deposit <strong>of</strong> thesuccessful bidder as aforesaid, such deposit may be invested in direct obligations <strong>of</strong>, or obligationsguaranteed by the United States <strong>of</strong> America or in repurchase agreements with banks fully secured by suchobligations, and the <strong>City</strong> shall be entitled to any income from any such investment.I


408MI~UI~ rSq'U~s~A;g<strong>63</strong>~e~ITnYOlOFrrQXfo.SQs the d"JillI~,~\~i~"6any irregi:lr~l"f-ITy 6-r ililonna1flY III any proposal. Ail proposals snail be submmed on a i'roposa orO!Purchase which may be obtained from Lisa Carwyle, <strong>City</strong> Clerk, <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, 107 Courthouse Square,<strong>Oxford</strong>, Mississippi 38655 telephone: (662)232-2312, or from the <strong>City</strong>'s financial advisor, Government,Consultants, Inc., 1830 Crane Ridge Drive, Jackson, Mississippi 39216, telephone: (60 I )982-0005,attention: Mr. Demery Grubbs.In the opinion <strong>of</strong> Special Counsel, assuming compliance by the <strong>City</strong> with certain tax covenants,under existing statutes, regulations, rulings and COUlt decisions, interest on the Note is excluded fromgross income for federal income tax purposes. Furthermore, interest on the Note is not an item <strong>of</strong> tax!preference for purposes <strong>of</strong> the federal alternative minimum tax imposed on individuals and corporations;;however, interest on the Note is taken into account in determining adjusted current earnings for purposes; ,<strong>of</strong> computing the alternative minimum tax imposed on corporations. Special Counsel will express nojother opinion regarding other federal tax consequences resulting from the ownership, receipt or accrual o~interest on or disposition <strong>of</strong> the Note. In addition, Special Counsel is fUlther <strong>of</strong>the opinion that under and'pursuant to the Act, the Note and interest thereon are exempt from all income taxes imposed by the State<strong>of</strong> Mississippi.IThe final approving opinion <strong>of</strong> Special Counsel relating to the validity and tax exemption <strong>of</strong> theiNote, together with a non-litigation certificate <strong>of</strong> the <strong>City</strong> dated the date <strong>of</strong> delivery <strong>of</strong> the Note, and atranscript <strong>of</strong> the proceedings relating to the Note will be delivered to the successful bidder without charge.The successful bidder will be given at least seven (7) business days advance notice <strong>of</strong> theproposed date <strong>of</strong> delivery <strong>of</strong> the Note when that date has been tentatively determined. The Note will bedelivered in <strong>Oxford</strong>, Mississippi or such other place as the Governing Body shall designate and paymenttherefor shall be made in federal or other immediately available funds.The successful bidder shall have the right, at its option, to cancel its agreement to purchase theNote if the Note to be delivered by the <strong>City</strong> in accordance with the preceding paragraph is not tendered Ifor delivery within sixty (60) days from the date <strong>of</strong> sale there<strong>of</strong>, and in such event the <strong>City</strong> shall return tosaid bidder its good faith deposit without interest. The <strong>City</strong> shall have the right, at its option, to cancel itsagreement to sell the Note if within five (5) days after the tender <strong>of</strong> the Note for delivery the successfullbidder shall not have accepted delivery <strong>of</strong> and paid for the Note, and in such event the <strong>City</strong> shall retain thesuccessful bidder's good faith deposit as liquidated damages.IFurther information may be obtained from Lisa Carwyle, <strong>City</strong> Clerk, <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, 107Courthouse Square, <strong>Oxford</strong>, Mississippi 38655 telephone: (662)232-2312, or from the <strong>City</strong>'S financial:advisor, Government Consultants, Inc .. 1830 Crane Ridge Drive, Jackson, Mississippi 39216, telephone:,(60 I )982-0005, attention: Mr. Demery Grubbs.IDATED: September 18, 2012CITY OF OXFORD, MISSISSIPPIBy IslLisa Carwyle<strong>City</strong> Clerk1131622290291412I


409PROPOSAL FOR PURCHASEMINUTE BOOK N;. 3, CITY OF OXFORDDEMENT·MERIDIAN 61-0226CITY OF OXFORD, MISSISSIPPIGENERAL OBLIGATION NOTE, SERIES 2012October 2, 2012IMayor and Board <strong>of</strong> Aldennen<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>107 Courthouse Square<strong>Oxford</strong>, Mississippi 38655Ladies and Gentlemen:For Five Hundred Thousand Dollars ($500,000) principal amount <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, MississippiGeneral Obligation Note, Series 2012 (the "Note") <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi (the "<strong>City</strong>"), datedas <strong>of</strong> its delivery, and bearing interest at the rate specified below, we will pay you the aggregate par valliethere<strong>of</strong>. The principal <strong>of</strong> the Note will be payable in the amounts and in the years set forth in the Notice<strong>of</strong> Note Sale relating to the Note dated September 18,2012 (the "Notice <strong>of</strong> Note Sale").The Note shall bear interest at the rate <strong>of</strong>percent per annum. This proposalis subject to all the terms and conditions <strong>of</strong> the Notice <strong>of</strong> Note Sale which notice by this reference theretois hereby made a part here<strong>of</strong>. We hereby acknowledge that we will fully comply with the terms andrequirements <strong>of</strong> the Notice <strong>of</strong> Note Sale.IA CERTIFIED OR CASHIER'S CHECK, DRAWN UPON A BANK LOCATED WITHINTHE STATE OF MISSISSIPPI, PAYABLE TO THE ORDER OF THE CITY OF OXFORD,MISSISSIPPI, IN THE AMOUNT OF TEN THOUSAND AND NO/IOOTHS DOLLARS($10,000.00) accompanies this proposal as evidence <strong>of</strong> good faith and said good faith deposit shall bereturned to the undersigned if this proposal is not accepted, or if the <strong>City</strong> should fail to deliver said Noteto the undersigned in accordance with the terms <strong>of</strong> the Notice <strong>of</strong> Note Sale; otherwise said good faithdeposit shall be held by the <strong>City</strong> and shall be applied as and when the Note is delivered and paid for underthe terms <strong>of</strong> this proposal, as part payment therefor, or be applied as and for liquidated damages in theevent that the undersigned fails to take lip and pay for the Note. Pending the application <strong>of</strong> the good faithdeposit <strong>of</strong> the successful bidder as aforesaid, such deposit may be invested in direct obligations <strong>of</strong>, orobligations guaranteed by, the United States <strong>of</strong> America or in repurchase agreements with banks fullysecured by such obligations, and the <strong>City</strong> shall be entitled to any income from any sllch investment.This proposal is for immediate acceptance.Bidder ______________________________ ___By ____________________________ ___[Print Name 1[Signature]Title ________________________________ _Address _______________ __Telephone Number ______________________ _I


410(Note: l"IPMi~~r oiIJ.tllOfJ,iQ"jn ~li~ro~~1 i~'i~lJIaK,~n~'\:F~,"'~y cause a rejection<strong>of</strong> th,s p~~\,f',"~sDWr~~Q.t1QJ.l,~Mald UFd ~AJerWJiU;,.fhe Cm:,wMQrtI,fflrP,,6Ir~c-~I'iTf5siSsTppTillffie lJffTc1'~6nrr€CITyuCfeFKin the C'!YTraJTTdcaleaatTUTCourtTlOuse Sql,are, <strong>Oxford</strong>, iI Mississippi 38655 attention: Lisa Carwyle, <strong>City</strong> Clerk, sealed and worded on the outside, in substance,·Ii "Proposal for <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi General Obligation Note, Series 2012", before 3:30 o'clockp,m., Mississippi time, on October 2, 2012, No interest will be allowed the bidder on the good faith,deposit which accompanies this proposaL)ACCEPTANCEThe above proposal accepted by the Mayor and Board <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>,Mississippi, this the 2"d day <strong>of</strong> October, 2012, and receipt <strong>of</strong> the within mentioned check is herebyacknowledged,ICITY OF OXJ


,MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORD411DEMENT·MERIDIAN 61-02261EXHIBIT CPROPOSALS FOR PURCHASE1I


~I412MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226rl


413MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDMENT·MERIDIAN 61-0226<strong>of</strong> this proposa!. Proposals mllst be filed with the Mayor and Board <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>,Mississippi in the Office <strong>of</strong> the <strong>City</strong> Clerk in the <strong>City</strong> Hall located at 107 Courthouse Square, <strong>Oxford</strong>,Mississippi 38655 attention: Lisa Calwyle, <strong>City</strong> Clerk, sealed and worded on the outside, in substance,"Proposal for <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi General Obligation Note, Series 2012", before 3:30 o'clockp.m., Mississippi time, on October 2, 2012. No interest will be allowed the bidder on the good faithdeposit which accompanies this proposa!.)IACCEPTANCEThe above proposal accepted by the Mayor and Board <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>,Mississippi, this the 2'" day <strong>of</strong> October, 2012, and receipt <strong>of</strong> the within mentioned check is herebyacknowledged.CITY OF OXFORD, MISSISSIPPIBy ______________ _MayorAttest:<strong>City</strong> ClerkReturn <strong>of</strong> the good faith check is hereby acknowledged.By ____________ _Title _____________ _II


414MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDPROPOSAL FOR PURCHASEDEMENT-MERIDIAN 61-226$500,000CITY OF OXFORD, MISSISSIPPIGENERAL OBLIGATION NOTE, SERIES 2012October 2, 2012Mayor and Board <strong>of</strong> Aldermen<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>107 Courthouse Square<strong>Oxford</strong>, Mississippi 38655ILadies and Gentlemen:For Five Hundred Thousand Dollars ($500,000) principal amount <strong>City</strong> <strong>of</strong> Ox lord, MississippiGeneral Obligation Note, Series 2012 (the "Note") <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi (the "<strong>City</strong>"), datedas <strong>of</strong> its delivery, and bearing interest at the rate specified belo\\', we will pay you the aggregate par valuethere<strong>of</strong> The principal <strong>of</strong> the Note will be payable in the amounts and in the years set forth in the Notice<strong>of</strong> Note Sale relating to the Note dated September 18, 2012 (the "Notice <strong>of</strong> Note Sale"),The Note shall bear interest at the rate <strong>of</strong> 2,90% percent per annum, This proposalis subject to all the terms and conditions <strong>of</strong> the Notice <strong>of</strong> Note Sale which notice by this reference theretois hereby made a part hereor We hereby acknowledge that we will fully comply with the terms andrequirements <strong>of</strong> the Notice <strong>of</strong> Note Sale,A CERTIFIED OR CASIIIER'S CHECK, DRAWN UPON A BANK LOCATED WITHINTHE STATE OF MISSISSIPPI, PAYABLE TO THE ORDER OF THE CITY OF OXFORD,MISSISSIPPI, IN THE AMOUNT OF TEN THOUSAND AND N0l100THS DOLLARS($10,000,00) accompanies this proposal as evidence <strong>of</strong> good faith and said good faith deposit shall bereturned to the undersigned if this proposal is not accepted, or if the <strong>City</strong> should fail to deliver said Noteto the undersigned in accordance with the terms <strong>of</strong> the Notice <strong>of</strong> Note Sale; otherwise said good faithdeposit shall be held by the <strong>City</strong> and shall be applied as and when the Note is delivered and paid for underthe terms <strong>of</strong> this proposal, as part payment therefor, or be applied as and for liqurdated damages in theevent that the undersigned fails to take up and pay for the Note, Pending the application <strong>of</strong> the good faithdeposit <strong>of</strong> the successful bidder as aforesaid, such deposit may be invested in direct obligations <strong>of</strong>. orobligations guaranteed by, the United States <strong>of</strong> America or in repurchase agreements with banks full)secured by such obligations. and the <strong>City</strong> shall be entitled to any income f1'olll any Stich investment.IThis proposal is for immediate acceptance,BidderBank <strong>of</strong> CommerceByTitleRobert:0M, ParhamL ,II', rrnt f)lrne]v=L M Jj5-,'l\, ISignature]'tJt.,,,c",:cLO"y'C'" ~"---.r:~=,---,'-'=',---_Telephone Number lA/'v ? ",Lr, t' 1-'1 QI


,(Note415No additi!YItt~Yt!I!2PK ~o. <strong>63</strong>, ~IT~J?~"~'!~~~I~ectio~~MENTM,"'D"N"0226i01 LIlIS proposal. Proposals must be filed with the Mayor and Board <strong>of</strong> Aldermen orthe <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, iMississippi in the Office <strong>of</strong> the <strong>City</strong> Clerk in the <strong>City</strong> Hall located at 107 Courthouse Square, <strong>Oxford</strong>,IMississippi 38655 attention: Lisa Carwyle, <strong>City</strong> Clerk, sealed and worded on the outsicie, in substance,"Proposal for <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi General Obligation Note, Series 2012", before 3:30 o'clockp.m., Mississippi time, on October 2, 2012. No interest will be allowed the bidder 011 the good faithdeposit whIch accompanies this proposal.)IACCEPTANCEThe above proposal accepted by the Mayor and Board <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>,Mississippi, this the 2, .. 1 day <strong>of</strong> October, 2012, and receipt <strong>of</strong> the within mentioned check is herebyacknowledged.CITY OF OXFORD, MISSISSIPPIA Itest:By -C~-----_________ _Mayor<strong>City</strong> ClerkRetorn <strong>of</strong>lhe good faith check is hereby acknowledged.By ____________ __Title-------------IIII, ~


~I416TAX ~Mli BOOK_~Rw~1Q9H~X\lPer~ill~Jo~2~PondetP~TMERmN"'"Alderman Williams to adopt the following resolution forlinal approval <strong>of</strong> a tax exemption to Ganesh Investments,LLC. All the aldermen voting aye, Mayor Pattersondeclared the motion carried.FINAL RESOLUTION OF OXFORD, MISSISSIPPIGRANTING EXEMPTION FROMAD VALOREM TAXESIThe Board took up for consideration the matter <strong>of</strong> granting tax exemption from advalorem taxes for GANESIIINVESTMENTS, LLC. and the f()llowing Resolution, having lirstbeen reduced to writing, was introduced.RESOLUTION OF THE OXFORD BOARD OF ALDERMEN, OXFORD, MISSISSIPPI.GRANTING FINAL APPROVAL OF AD V ALOREM TAX EXEMPTION TO GANESHINVESTMENTS, LLC. OXFORD, MISSISSIPPIWHEREAS, heret<strong>of</strong>ore, Ganesh Investments, LLC authorized to do business and doingbusiness in <strong>Oxford</strong>, Mississippi, and authorized to do business and doing business in the <strong>City</strong> <strong>of</strong><strong>Oxford</strong>, Mississippi, liled with the <strong>Oxford</strong> Board <strong>of</strong> Aldermen, <strong>Oxford</strong>, Mississippi, anapplication for ad valorem tax exemption, except <strong>Oxford</strong> School District ad valorem taxes for afive year period from January 1, 2012 - December 3 I, 2016 as authorized by Section 27-31-109,:<strong>of</strong> the Mississippi Code <strong>of</strong> 1972, as amended, which said application was approved by the!I<strong>Oxford</strong> Board <strong>of</strong> Aldermen, <strong>Oxford</strong>, Mississippi, subject to the approval <strong>of</strong> the State TaxCommission <strong>of</strong> the State <strong>of</strong> Mississippi; andWHEREAS, on the 26th day <strong>of</strong> September, 2012, the State Tax Commission <strong>of</strong> the State<strong>of</strong> Mississippi certified the eligibility <strong>of</strong> said application; andWHEREAS, a copy <strong>of</strong> the aforesaid State Tax Commission's certilication has beenreceived by the <strong>Oxford</strong> Board <strong>of</strong> Aldermen, <strong>Oxford</strong>, Mississippi, illld recorded in its minutes.NOW, THEREFORE, in consideration <strong>of</strong> the premises, the <strong>Oxford</strong> Board <strong>of</strong> Aldermen,does hereby finally approve said application for ad valorem tax exemption, except <strong>Oxford</strong>Separate School District ad valorem taxes [or a live year period from January 1,2012-December 31, 2016. Total true value approved $7,268,041.00.After full discussion <strong>of</strong> this matter. Alderman Morgan moved that the foregoing resolution beadopted and said motion was seconded by Alderman Williams, and upon the question being putIto a vote, tite vote was as follows:Alderman WilliamsA YE __ _3


417AldermM~TE BO~t< No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226IAlderman Antnow AYEAlderman Howell AYEAlderman Taylor AYEAlderman Bailey AYEAlderman Morgan AYEWHEREUPON, the foregoing Resolution was declared passed and adopted at a regularmeeting <strong>of</strong> the Mayor and Board <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi; on this 2nd day<strong>of</strong> October, 2012.GEORGE G. PATTERSON, MAYORLISA CARWYLE, CITY CLERKIIRESOl.UTION TO REFUNDBONDS:It was moved by Alderman Howell, seconded by AldermanWilliams adopt the resolution authorizing the retimding <strong>of</strong>Water and Sewer Bonds. All the aldermen voting aye,Mayor Patterson declared the motion carried.There came on for consideration the maller <strong>of</strong> the issuance <strong>of</strong> combined water and sewersystem revenue refunding bonds <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi and, after a discussion <strong>of</strong> thesubject matter, Alderman Howell <strong>of</strong>fered anel moved the adoption <strong>of</strong> the following resolution:RESOLUTION AUTHORIZING AND DIRECTING THE ISSUANCE OFCOMBINED WATER AND SEWER SYSTEM REVENUE REFUNDINGBONDS, SERIES 2012 OF THE CITY OF OXFORD, MISSISSIPPI IN THEAGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED TWOMILLION SEVEN HUNDRED FIFTY TIIOIISAND DOLLARS($2,750,000) FOR THE PURPOSE OF ADVANCE REFUNDING ANDDEFEASING CERTAIN OUTSTANDING MATURITIES OF SAID CITY'S$1,900,000 (ORIGINAL PRINCIPAL AMOUNT) COMBINED WATERAND SEW AGE SYSTEM REVENUE BONDS, SERIES 2003 AND THECITY'S $1,800,000 (ORIGINAL PRINCIPAL AMOUNT) COMBINEDWATER AND SEWER SYSTEM REVENUE BONDS, SERIES 2004;PRESCRIBING THE FORM AND DETAILS OF SAID REFUNDINGBONDS; PROVIDING CERTAIN COVENANTS OF SAIl) CITY INCONNECTION WITH SAID REFUNDING BONDS; DIRECTING THEI'REI'ARATION, EXECUTION AND DELIVERY OF SAID REFUNDINGBONDS; APPROVING THE FORM OF AND AUTHORIZING THEDISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT INCONNECTION WITH SAm REFUNDING BONDS; DIRECTING THEPREPARATION AND DISTRIBUTION OF A I


418........ ~tU1JJn ~9rQ,!


419(the "Series 20J'MNUTE: Et9QK ~g~~!'eClJ;¥ aQijeQXfQB~ortiQI.MltERIDIAN"""WHEREAS, the Governing Body has determined that it is in the best interest <strong>of</strong> the <strong>City</strong> todesignate Morgan, Keegan & Company, Inc., or its successor in interest, to serve as theunderwriter for the Series 2012 Bonds (the "Underwriter"); andIWHEREAS, the Series 2012 Bonds will be sold to the Underwriter pursuant to the terms andprovisions ora Bond Purchase Agreement by and between the Underwriter and the <strong>City</strong>(the "Bond Purchase Agreement"); andWHEREAS, there has been presented to the Governing Body the forms <strong>of</strong> the iollowingdocuments:the Bond Purchase Agreement providing for the terms and conditions <strong>of</strong> the sale <strong>of</strong> theSeries 2012 Bonds to the Underwriter,an Escrow Trust Agreement (the "Escrow Agreement") by and between the <strong>City</strong> and_____ , Mississippi, as escrow trustee (the "Escrow Trustee"), and(c) a Preliminary Official Statement describing the Series 2012 Bonds and othermatters in connection with the sale and issuance <strong>of</strong> the Series 2012 Bonds; andIIWHEREAS, it appears that each <strong>of</strong> the documents above referred to, which documents arenow beiore the Governing Body, is in appropriate form and is an appropriate document for thepurposes identified; and\VHEREAS, it has now been determined that certain outstanding maturities <strong>of</strong> the Prior Bonds(the "Refunded Bonds") should be refunded under the Act; andWHEREAS, the Refunded Bonds and their maturity dates, interest rates, principal amountsand redemption prices are set forth in Exhibit A hereto; andWHEREAS, the Series 2012 Bonds will be secured by a lien on and payable solely from theNet Revenues (as hereinatier detined) <strong>of</strong> the System; andWHEREAS, said the Series 2012 Bonds will be issued on a parity with the <strong>City</strong>'s $1,500,000(original principal amount) Water and Sewer System Revenue Bonds, Series 1996, datedSeptember I, 1996, the <strong>City</strong>'s outstanding Series 2003 Bonds which are not being refunded withthe proceeds <strong>of</strong> the Series 2012 Bonds, the <strong>City</strong>'s outstanding Series 2004 Bonds which are notbeing refunded with the proceeds <strong>of</strong> the Series 2012 Bonds, the <strong>City</strong>'s $3,400,000 (originalprincipal amount) Combined Water and Sewer System Revenue Bonds, Series 2006, dated June1,2006, the <strong>City</strong>'s $2,800,000 (original principal amount) Combined Water and Sewer SystemRevenue Bonds, Series 2007, dated June 1,2007, the <strong>City</strong>'S $3,450,000 (original principalamount) Combined Water and Sewer System Revenue Bonds, Series 2008, dated February I,2008 and the <strong>City</strong>'S $8,500,000 (original principal amount) Combined Water and Sewer SystemRevenue Bonds, Series 2011, dated as <strong>of</strong> May 1,2011 (collectively, the "Water/Sewer Bonds")which are also secured by the Net Revenues <strong>of</strong> the System; andWHEREAS, the issuance <strong>of</strong> the Series 2012 Bonds does not exceed any statutory orconstitutional limitation upon indebtedness which may be incurred by the <strong>City</strong>; andWHEREAS, it is proposed that the Governing Body should take all such additional actions,authorize the execution <strong>of</strong> such certilicates, applications, reports and notices, and authorize suchother actions and proceedings as shall be necessary in connection with the sale and issuance <strong>of</strong>the Series 2012 Bonds.NOW, THEREI


420WNIrb"t§ ~qQrs!lNJ>--J3~£!-.:ra gef,lPEwe!l2,tineJ!M~tmM~following words and terms shall have tile following meanings, unless some other meaning isplainly intended:"Act" shall mean the Refinancing Act and the Utility Act."Additional Bonds" sballmean additional bonds issued hereafter on parity with the Series2012 Bonds and secured by Net Revenues <strong>of</strong> the System. I"Bonds" shall mean the Series 2012 Bonds. the Water/Sewer Bonds and anv Additional BondJissued on parity with the Series 2012 Bonds and secured by the Net Revenue; <strong>of</strong> the Svstem. '1• I"Bond Counsel" shall mean Baker. Donelson, Bearman, Caldwell & Berkowitz. PC, Jackson,Mississippi."Bond Resolution" shall mean this resolution authorizing and directing the issuance <strong>of</strong> tlleSeries 2012 Bonds."Bond Year" sballmean the period commencing on the date <strong>of</strong>tlle delivery <strong>of</strong> the Series 2012Bonds and ending on the ensuing November I and each 12-t1lonth period thereafter until finalmaturity <strong>of</strong> tile Series 2012 Bonds; provided. however, that the final Bond Year shall end on the'date the Series 2012 Bonds are retired."Business Day" shall mean any day other than (a) a Saturday, (b) a Sunday, (c) any other day'on which banking institutions in New York, New York or <strong>Oxford</strong>, Mississippi, are authorized orrequired not to be open for the transaction <strong>of</strong> regular banking business, (d) any day the <strong>City</strong> lIall:in <strong>Oxford</strong>. Mississippi is closed. or (e) a day on which the New York Stock Exchange is closed. I"<strong>City</strong>" shall mean the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>. Mississippi."<strong>City</strong> Counsel" shall mean Mayo Mallette PLLC, <strong>Oxford</strong>, Mississippi."Clerk" shalllllean the <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong>."Closing" shall mean the date <strong>of</strong> the delivery <strong>of</strong> the Series 2012 Bonds."Code" shalll11ean the Internal Revenue Code <strong>of</strong> 1986, as amended, supplemented orsuperseded and the Regulations promulgated thereunder."Consulting Engineers" shall mean any engineer or engineering finn employed by the <strong>City</strong> inconnection with the System or l'or the purposes set out in this Bond Resolution."Current Expenses" shall mean the reasonable and necessary current expenses <strong>of</strong> Illaintenance~repair ancl operation <strong>of</strong> the System and shall include, without limiting the generality <strong>of</strong> theIIforegoing, expenses not annually recurring, premiums for insurance, administrative andengineering expenses relating to maintenance, repair and operation, fees and expenses <strong>of</strong> thePaying Agent, legal expenses. taxes lawfully imposed on the System, reasonable payments topension or retirement funds for employees <strong>of</strong> the System, General funcl Administration Chargesand any other expense <strong>of</strong> the System required or permitted to be paid by the <strong>City</strong> under theprovisions <strong>of</strong>the Bond Resolution or by law. but shall not include any allowance for depreCiatiO[or deposits or transfers to the credit <strong>of</strong> the 2012 Bond and Interest Fund, the 2012 Debt ServiceReserve fUIll!. the 2012 Depreciation Fund or the 2012 Contingent fund."Debt Service Reserve Fund Requirement" shall mean the lesser <strong>of</strong> (a) 10% <strong>of</strong> the statedprincipal amount <strong>of</strong> the Series 2012 Bonds. (b) the maximulll annual debt service calculated wit 1respect to the Series 2012 Bonds, or (c) 125% <strong>of</strong> the average annual debt service calculated witl 'respect to the Series 2() 12 Bonds, to the extent permitted by the Code."Financial Advisor" shall mean Government Consultants. Inc .. Jackson, Mississippi."Fiscal Year" shall mean the period commencing 011 the first day <strong>of</strong> October <strong>of</strong> any year andending on the last day <strong>of</strong> September <strong>of</strong> the Il)\lowing year."General Fund Administration Charges" shall mean charges to the System for its pro rata shar<strong>of</strong> general <strong>City</strong> support services. including but liot limited to, personnel, data processing. /inaneaccounting and other generally applicable services."Governing Body" shall mean the Mayor and Board <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong>."Mayor" shalllllean the Mayor <strong>of</strong> the <strong>City</strong>."Net Revenues" shall mean all Revenues remaining after payment <strong>of</strong> Current Expenses.III7~i,


,421III"1996 Bond MINUJ,i;1SQQKe N,Q~lt§3Ild~~li~ Q~oQ~fb,QBPll1 f\J.!OlM~ERID


422MINUTE BOOK No. <strong>63</strong> CITY OF OXFORDII • " • • •• 01 61-226Mississippi Combined Water and Sewer System Revenue Bonds, Series 2007, dated June I,2007."Series 2008 Bonds" shall mean the $3,4S0.000 (original principal amount) <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>,Mississippi Combined Water and Sewer System Revenue Bonds, Series 200S. dated February I,'200S."Series 2011 Bonds" shall mean the Combined Water and Sewer System Revenue Bonds.Series 201 L <strong>of</strong> the <strong>City</strong> in the aggregate principal amount <strong>of</strong>$S,SOO,OOO. to be elated May I,2011."Series 2012 Bonds" shall mean the Combined Water and Sewer System Revenue RefundingBonds. Series 2012, <strong>of</strong> the <strong>City</strong> in an aggregate principal amount not to exceed $2,7S0.000, to bedated the date <strong>of</strong> delivery there<strong>of</strong>."State" shall tllean the State <strong>of</strong> Mississippi."System" shall mean the combined waterworks and sewage system <strong>of</strong> the <strong>City</strong>, including any'enlargement and extension there<strong>of</strong>."2003 Bond Resolution" shall mean the resolution adopted by the Governing 130dy onDecember 16. 2003. authorizing and directing the issuance <strong>of</strong> the Series 2003 Bonds."2004 130nd Resolution" shall mean the resolution adopted by the Governing Body onNovember 4. 2004. autllOrizing and directing the issuance <strong>of</strong> the Series 2004 Bonds."2006 Bond Resolution" shall mean the resolution adopted by the Governing Body on June 22006, authorizing and directing the issuance <strong>of</strong> the Series 2006 Bonds."2007 Bond Resolution" shall mean the resolution adopted by the Governing Body on June 19,2007. authorizing and directing the issuance <strong>of</strong> the Series 2007 Bonds. 1"200S Bond Resolution" shall mean the resolution adopted by the Governing Body onFebruary 19. 200S. authorizing and directing the issuance <strong>of</strong> the Series 200S Bonds."20 II Bond Resolution" shall mean the resolution adopted by the Governing Body on May 17,20 II, authorizing and directing the issuance <strong>of</strong> the Series 20 II Bonds."2012 130nd and Interest Funel" shall mean the fund by that name provided for in this BondResolution."2012 Contingent cund" shall mean the fund by that name provided for in this BondResolution."2012 Current Debt Service Account" slmllmean the subaccount by that name provided for inthis Bond Resolution."2012 Debt Service Reserve Account" shalllllean the subaccoullt by that name provided for iI'this 130nd Resolution."2012 Depreciation Fund" shalllllean the ti.md by that name provided for in this BondResolution."2012 Refunding cunei" shall mean the fund by that name provided for in this BonelResolution."Underwriter" shall mean Morgan. Keegan & Company, Inc., or its successor in interest."Utility Act" shall mean Sections 21-27-11 e/ seq., Mississippi Code <strong>of</strong> 1972, as amended."Water/Sewer Bonds" shall mean the Series 1996 Bonds, the outstanding Series 2003 Bondswhich are not being refunded with the proceeds <strong>of</strong> the Series 2012 Bonds, the outstanding Series2004 Bonds which are not being refunded \~ith the proceeds <strong>of</strong> the Series 2012 Bonds. the serier2006 Bonds, the Senes 2007 Bonds, the Series 200S Bonds and the Series 20 I I Bonds.Words <strong>of</strong> the masculine gender shall be deemed and construed to include correlative words <strong>of</strong>!the feminine and neuter genders. and words importing persons shall include finns, partnerships. i~orporat.iOl.1S, trusts and unincorporated organizations. Unless the context shall otherwise ,Imdrcate. \\'ords and terms herell1 defined shall be equally applrcable to the pJUJal as \Vell as the Isingular form <strong>of</strong> any <strong>of</strong> such words and terms. I:SECTION 3. Proceeding uncler the authority <strong>of</strong> the Act and this Bond Resolution, tileSeries 2012 Bonds be. and are hereby, authorized, ordered and directed to be issued in a9III


423IISECTION 4. Due to the character <strong>of</strong> the Series 2012 Bonds, the complexity <strong>of</strong>structuring the Series 2012 Bonds and prevailing market conditions, the Governing Body hasdetermined that it is in the best interest <strong>of</strong> the <strong>City</strong> to sell the Series 2012 Bonds by negotiationrather than a public sale by competitive bid and the Series 2012 Bonds are hereby authorized tobe sold to the Underwriter pursuant to the terms and provisions <strong>of</strong> the Bond Purchase Agreementin substantially the form attached hereto as Exhibit B. The Mayor <strong>of</strong> the <strong>City</strong> (the "Mayor"),acting for and on behalf <strong>of</strong> the <strong>City</strong>, is hereby authorized and directed to negotiate with theUnderwriter for the sale <strong>of</strong> the Series 2012 Bonds and to make the final decisions regarding (a)the aggregate principal amount <strong>of</strong> the Series 2012 Bonds, (b) the redemption provisions <strong>of</strong> theSeries 2012 Bonds, and (c) the interest rates to be borne by the Series 2012 Bonds, and to makeall final determinations necessary to structure the Series 2012 Bonds. The Bond PurchaseAgreement in substantially such form is hereby approved in all respects and, subject to theprovisions <strong>of</strong> Section 6 here<strong>of</strong>, the Mayor is hereby authorized and directed to execute anddeliver the Bond Purchase Agreement tllr and on behalf<strong>of</strong>and in the name <strong>of</strong> the <strong>City</strong>, with suchchanges, omissions, insertions and revisions, as may be approved by the Mayor, said executionbeing conclusive evidence <strong>of</strong> such approval.SECTION 5. The Series 2012 Bonds shall be secured by a lien on the Net Revenues <strong>of</strong>the System and shall be payable from such Net Revenues and any other security pledged for theSeries 2012 Bonds. The principal <strong>of</strong> and interest on the Series 2012 Bonds shall be payablesolely from gross Revenues, and shall be subject to the prior payment <strong>of</strong> the reasonable andnecessary expense <strong>of</strong> operating and maintaining the System. The Series 2012 Bonds shall notconstitute an indebtedness <strong>of</strong> the <strong>City</strong> within the meaning <strong>of</strong> any constitutional or statutoryrestriction, limitation or provision, and the taxing power <strong>of</strong> the <strong>City</strong> is not pledged to thepayment <strong>of</strong> the Series 2012 Bonds, either as to principal or interest. Pursuant to the provisions <strong>of</strong>this Bond Resolution, Additional Bonds may be issued on parity with the Series 2012 Bonds.The Series 2012 Bonds are issued on parity with the Prior Bonds and satisfy the requirements forthe issuance <strong>of</strong> Additional Bonds lll1der the Prior Resolutions.SECTION 6. (a) The Series 2012 Bonds shall be dated the date <strong>of</strong> their delivery andshall bear interest from said date at the rates per annum to be set forth in the Bond PurchaseAgreement, not to exceed eleven percent (11%) per annum, and shall mature no later thanNovember I, 2024, in the years and in the principal amounts to be set forth in the Bond PurchaseAgreement.(b) The Series 2012 Bonds shall be initially issued and held under a book-entrysystem as fully registered bonds issued in the denominations <strong>of</strong> $5,000 or any integral multiplethere<strong>of</strong> and shall be numbered separately from R-I upwards without regard to maturity.(c) The Series 2012 Bonds may be subject to redemption prior to their respectivematurities as provided in the Bond Purchase Agreement, which redemption provisions shall befinalized and agreed to by the Mayor on the date the Bond Purchase Agreement is executed bythe <strong>City</strong> and the Underwriter.ISECTION 7. (a) Notwithstanding anything to the contrary in this Bond Resolution, solong as the Series 2012 Bonds are being held under a hook-entry system, transfers <strong>of</strong> beneficialownership <strong>of</strong> the Series 2012 Bonds will be affected pursuant to rules and procedures establishedby the Securities Depository. For the purposes <strong>of</strong> this Bond Resolution, "Securities Depository"shall mean a recognized securities depository (or its successor or substitute) selected hy the <strong>City</strong>to act as the securities depository maintaining a book-entry transfer system for the Series 2012Bonds.(b) As long as a book-entry system is in effect for the Series 2012 Bonds, theSecurities Depository Nominee will be recognized as the registered owner <strong>of</strong> the Series 2012Bonds for the purposes <strong>of</strong> (I) paying the principal <strong>of</strong> or interest on such Series 2012 Bonds, (2)giving any notice permitted or required to be given to registered owners under this Bond10


424-ReSUluM!~r~Ste~~tR~IIt1:?;lf~~IISc;.-'!rJ>t!l2~!Ep~R:e;Dqueslit'i~~~~or other action to be taken by the registered owners <strong>of</strong> such Series 2012 Bonds, and for all othepurposes whatsoever, and neither the <strong>City</strong> nor the Paying Agent shall be alTected by any noticto the contrary_ for the purposes <strong>of</strong> this Bond Resolution, "Securities Depository Nominee'shall mean, "ith respect to the Series 2012 Bonds and as to any Securities Depository, suc'Securities Depository or the nominee <strong>of</strong> such Securities Depository in whose name the Serie2012 Bonds shall be registered on the registration records <strong>of</strong> the <strong>City</strong> maintained by the PayingAgent during the time such Series 2012 Bonds are held under a book-entry system through suchSecurities Depository_'(c) Neither the <strong>City</strong> nor the Paying Agent shall have any responsibility or obligatio)]to any participant, allY beneficial owner or any other person claiming a beneficial ownership inany Series 2012 Bonds which are registered to a Securities Depository Nominee under orthrough the Securities Depository with respect to any action taken by the Securities Depositoryas registered owner <strong>of</strong> such Series 2012 Bonds.I(d) The Paying Agent shall pay all principal <strong>of</strong> and interest on the Series 2012 Bondissued under a book-entry system, only to the Securities Depository, or the Securities Depositor'Nominee. as the case may be. for such Series 2012 Bonds, and all such payments shall be valiand elTectual to fully satisfy and discharge the obligations with respect to the principal <strong>of</strong> an 'interest on such Series 2012 Bonds.(e) In the event that the <strong>City</strong> determines that it is in the best interest <strong>of</strong> the <strong>City</strong> tdiscontinue the book-entry system <strong>of</strong> transfer f(lr the Series 2012 Bonds. or that the interests ( fthe beneficial owners <strong>of</strong> the Series 2012 Bonds mav be adverse Iv affected if the book-entr~system is continued, then the <strong>City</strong> shall notify the Securities Depository and the PaYlllg Agent ,IIsuch determination. III such event, the <strong>City</strong> shall execute and the Paying Agent shall, pursuant tGsubsequent resolution <strong>of</strong> the <strong>City</strong>, authenticate, register alld deliver physical certificates for theSeries 2012 Bonds in exchange for the Series 2012 Bonds registered in the name <strong>of</strong> theSecurities Depository Nominee. Such certificates shall be in fully registered form andtransferable only upon the registration records <strong>of</strong> the <strong>City</strong> maintained by the Paying Agent. bythe registered owner there<strong>of</strong> or by his attorney, duly authorized in writing, upon surrenderthere<strong>of</strong>. together with a written instrument <strong>of</strong> transfer satisfactory to the Paying Agent. dulyexecuted by the registered owner or his duly authorized attorney in accordance with this BondResolution.I(1') In the event that the Securities Depository liJ[ the Series 2012 Bonds discontinuel'providing its services, the <strong>City</strong> shall either engage the services <strong>of</strong> another Securities Depositor'or deliver physical certificates in the manner described in subparagraph (e) above.I(g) In connection with any notice or other comlllunication to be provided to tl~registered owners <strong>of</strong> the Series 2012 Bonds by the <strong>City</strong> or by the Paying Agent with respect t·any consent or other action to be taken by the registered owners, the <strong>City</strong> or the Paying Agent, sthe case mav be, shall establish a record date for such consent or other action and give th!eSecurities O~posit()ry Nominee notice <strong>of</strong> such record date not less than Ii neen (15) days ipadvance <strong>of</strong> such record date to the extent possible.(h) The Series 2012 Bonds shall be issued initially under the book-entry systemmaintained by The Depository Trust Company, New York, New York ("DTC"), and shall beregistered in the name <strong>of</strong> Cede & Co .. as the initial Securities Depository NOl1linee for the Serie~2012 Bonds. As long as the Series 2012 Bonds are maintained by DTe under its book-entrIsystem. all payments with respect to the principal <strong>of</strong> and interest Oil Series 2012 Bonds an jnotices shall be Illade and given. respectively, to DTC. ,(i) As long as the book-entry-only systelll is lIsed for the Series 2012 Bonds, al~'notice <strong>of</strong> redemption or any other notices required to be given to registered owner: wilI be giV1l1only to UTe. Any failure <strong>of</strong> DTC to advise any DTC i'arhclpant, or <strong>of</strong> any OTC Partlclp~nt pnotifY' any Inciirect Participant, or <strong>of</strong> any DlC Participant or Indirect Participant to notify 311'Ben~fici;1 Owner. <strong>of</strong> all v such notice and its content or effect will not affect the validity <strong>of</strong> tl ~recleinption <strong>of</strong> the Serie; 2012 Bonds callecl for redemption or <strong>of</strong> any other action premised, hsuch notice_ Convevance <strong>of</strong> notices and other cOlllmunications by IJTC to DTe Participants. liyD T C r ,";,; p .. '" II; 'mH,~' P ""Ie; '",," '" d :; or (' r" dl6,'""" "lid ',dI '" I ' .. II,; I'""'" rIII'


425Beneticial owMJ~ViIlioaQn~~Qen~3, .ct't'(hg,Fsu~fo~QtutQk¥Eil\IMJ,'DIAN"02"regu a ory requnemen s as may e 111 eect rom tlllle to lIme. ene ICIa wners may eSlTe to-- "·'1make arrangements with a DTC Participant or Indirect Participant so that all notices <strong>of</strong>redemption or other communications to DTC which affect such Beneficial Owners will beforwarded in writing by such DTC Participant or Indirect Participant.ISECTION 8. The principal <strong>of</strong> the Series 2012 Bonds shall be payable in lawful money<strong>of</strong> the United States <strong>of</strong> America upon presentation and surrender there<strong>of</strong> as the same shallbecome due to the Paying Agent. Interest will be payable by check or draft drawn upon thePaying Agent, made payable to the registered owner named in, and mailed to the address <strong>of</strong> theregistered owner as it shall appear on, the registration records <strong>of</strong> the <strong>City</strong> maintained by thePaying Agent for the Series 2012 Bonds pursuant to the provisions <strong>of</strong> Section 14 here<strong>of</strong>.SECTION 9. The Preliminary Official Statement, in the form submitted to this meetingand attached hereto as Exhibit C, shall be, and the same hereby is, approved in substantially saidform with such changes, omissions, insel1ions and revisions therein as the Representatives mayin their opinion determine to be required. The Governing Body deems the Preliminary Ol1icialStatement to be "final" as required by SEC Rule ISc2-12(b)(l). The actions <strong>of</strong> the Mayor, theClerk and all other persons in connection with the preparation <strong>of</strong> the Preliminary OfficialStatement are hereby ratitied and contirmed. The Governing Body hereby authorizes and directsthat the Preliminary Otlicial Statement be distributed to the Underwriter and that a final OfficialStatement be prepared, delivered and executed in substantially the form <strong>of</strong> the PreliminaryOtlicial Statement with such changes, insertions and omissions from the Preliminary 0 fTicialStatement as may be approved by the Mayor and the Clerk, said execution being conclusiveevidence <strong>of</strong> such approval.IISECTION 10. The Escrow Agreement, in the form submitted to this meeting andattached hereto as Exhibit D, shall be, and the same hereby is, approved in substantially saidform. The Mayor is hereby authorized and directed to execute and deliver the EscrowAgreement with such changes, insertions and revisions therein as the Mayor, as representative <strong>of</strong>the Governing Body, may in his opinion determine to be required, said execution beingconclusive evidence <strong>of</strong> such approval. The Escrow Trustee under the Escrow Agreement shallbe appointed under the provisions here<strong>of</strong> and shall be a bank, trust company or national bankingassociation having Federal Deposit Insurance Corporation insurance <strong>of</strong> its accounts, dulyauthorized to exercise corporate trust powers and subject to examination by and in good standingwith the federal and/or state regulatory authorities under the jurisdiction <strong>of</strong> which it falls. Allproceeds <strong>of</strong> the Series 2012 Bonds held by the Escrow Trustee shall be invested only as providedfor by the Escrow Agreement and the Refinancing Act.SECTION 11. The <strong>City</strong> covenants to comply with each requirement <strong>of</strong> the Code,necessary to maintain the exclusion <strong>of</strong> interest on the Series 2012 Bonds from gross income forfederal income tax purposes, and in furtherance there<strong>of</strong>, to comply with a certificate to beexecuted and delivered concurrently with the issuance <strong>of</strong> the Series 2012 Bonds, or such othercovenants as may, from time to time, be required to be complied with in order to maintain theexclusion <strong>of</strong> interest on the Series 2012 Bonds from gross income for federal income taxpurposes. The <strong>City</strong> shall not use or permit the use <strong>of</strong> any <strong>of</strong> the proceeds <strong>of</strong> the Series 2012Bonds, or any other funds <strong>of</strong> the <strong>City</strong>, directly or indirectly, to acquire any securities, bonds orother investment property, and shall not take or permit to be taken any other action or actions,which would cause any Series 2012 Bond to be an "arbitrage bond" as defined in Section 148 <strong>of</strong>the Code. Notwithstanding any other provisions to Ihe contrary, so long as necessary in order tomaintain the exclusion <strong>of</strong> interest on the Series 2012 Bonds from gross income for federalincome tax purposes under the Code, the covenants contained in this section shall survive thepayment <strong>of</strong> the Series 2012 Bonds and the interest thereon, including any payment or defeasancethere<strong>of</strong>.SECTION 12. Pursuant to the authority granted by the Act and the Registered BondAct, being Sections 31-21-1 et seq., Mississippi Code <strong>of</strong> 1972, as amended (the "RegisteredBond Act"), the Series 2012 Bonds shall be executed by the manual or facsimile signature <strong>of</strong> theMayor and the ollicial seal <strong>of</strong> the <strong>City</strong> shall be allixed or lithographed or otherwise reproducedthereon, attested by the Clerk and the Series 2012 Bonds shall be authenticated by the PayingAgent. The Paying Agent shall authenticate each Series 2012 Bond by executing the PayingAgent's Certificate thereon and no Series 2012 Bond shall be valid or become obligatory for any12


426· . ......-JllilJJgsMl~4;;n::c~Q.Q~b~q,aJj'lh9';~;ye9r~tP9SF~l3u&--#rrrno'SfI


.,427DEMENT-MERIDIAN 61-0226REVENUE REFUNDING BOND,SEHIES 2012No. R-$_----IInterest RateMatuI"ity HateDate <strong>of</strong>Original IssueCUSIP____ ,2012Registered Owner:Principal Amount:The <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi (the "<strong>City</strong>"), a body politic existing under the Constitution andlaws orthe State <strong>of</strong> Mississippi, acknowledges itself to owe and for value received, promises topay in lawful money <strong>of</strong> the United States <strong>of</strong> America to the Registered Owner identified above,upon the presentation and surrender <strong>of</strong> this Bond, at the principal ollice <strong>of</strong> ,_____ , Mississippi, or its successor, as paying and transfer agent (the "Paying Agent") forthe Combined Water and Sewer System Revenue Refunding Bonds, Series 2012, orthe <strong>City</strong> (the"Bonds"), on the maturity date identified above, the principal amount identified above. Payment<strong>of</strong> the principal amount <strong>of</strong> this Bond shall be made to the Registered Owner here<strong>of</strong> whose nameshall appear in the registration records <strong>of</strong> the <strong>City</strong> maintained by the Paying Agent, which shallalso serve as registrar and transfer agent, as <strong>of</strong> the 15 th day <strong>of</strong> the calendar month preceding thematurity date here<strong>of</strong>.IIThe <strong>City</strong> further promises to pay interest (calculated on the basis <strong>of</strong>a year <strong>of</strong>360 days andtwelve 30-day months) on such principal amount from the date <strong>of</strong> this Bond or from the mostrecent interest payment date to which interest has been paid at the rate <strong>of</strong> interest per annum setforth above semiannually on 1 and 1 <strong>of</strong> each year (each an"Interest Payment Date"), commencing1,2013, until said principal StUll is paid, tothe Registered Owner here<strong>of</strong> whose name shall appear in the registration records <strong>of</strong> the <strong>City</strong>maintained by the Paying Agent as <strong>of</strong> the 15 th day <strong>of</strong> the calendar month preceding theapplicable Interest Payment Date.Payments <strong>of</strong> principal <strong>of</strong> and interest on this Bond shall be made by check or draft mailed onthe Interest Payment Date to such Registered Owner at his address as it appears on suchregistration records. The Registered Owner here<strong>of</strong> may change such address by written notice tothe Paying Agent by certitied mail, return receipt requested, or such other method as may besubsequently prescribed by the Paying Agent, such notice to be received by the Paying Agent notlater than the 15 th day <strong>of</strong> the calendar month preceding the applicable principal or InterestPayment Date.This Bond is one <strong>of</strong> a series <strong>of</strong> Bonds <strong>of</strong> like date <strong>of</strong> original issue, tenor and effect, except asto denomination, number, rate <strong>of</strong> interest and date <strong>of</strong> maturity, issued in the aggregate authorizedprincipal amount <strong>of</strong> Dollars ($ ) lor the purpose <strong>of</strong>refunding certain outstanding maturities <strong>of</strong> the <strong>City</strong>'s $1,900,000 (original principal amount) <strong>City</strong><strong>of</strong> <strong>Oxford</strong>, Mississippi Combined Water and Sewage System Revenue Bonds, Series 2003, datedas <strong>of</strong> December 1, 2003 (the "2003 Bonds"), and the <strong>City</strong>'s $1,800,000 (original principalamount) <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi Combined Water and Sewer System Revenue Bonds, Series2004, dated as <strong>of</strong> November 1,2004 (the "2004 Bonds" and collectively with the 2003 Bonds,the "Prior Bonds"), and paying the costs incident to the sale and issuance <strong>of</strong> the Bonds. ThePrior Bonds were issued by the <strong>City</strong> to raise money for the purpose <strong>of</strong> Jinancing the acquisition,construction, enlargement, improvement, repair and/or extension <strong>of</strong> the <strong>City</strong>'s combinedwaterworks and sewage system (the "System").This Bond is issued under the authority <strong>of</strong> the Constitution and statutes <strong>of</strong> the State orMississippi, including the provisions <strong>of</strong> Sections 31-27-1 el seq., Mississippi Code <strong>of</strong> 1972, asamended, and by the further authority <strong>of</strong> proceedings duly had by the Mayor and Board <strong>of</strong>14


428r~·~~ Al\l~!l~11~tMI~,~S>~a~s~~~~1u£rrr~(~e9z~~19(~P BonffME",ME""AN""jResolution").The principal <strong>of</strong> and interest on the Bonds shall be payable solely from the gross revenuesderived limn the operation <strong>of</strong> the System, subject to the prior payment <strong>of</strong> the reasonable andnecessary expenses <strong>of</strong> operating and maintaining the System (the "Net Revenues"). The Bondsare secured by a lien on Net Revenues <strong>of</strong> the System. The Bonds do not constitute anindebtedness <strong>of</strong> the <strong>City</strong> wi thin the meaning <strong>of</strong> any constitutional or statutory restriction.limitation or provision, and the full faith. credit and taxing power <strong>of</strong> the <strong>City</strong> is not pledged to thpayment <strong>of</strong> the Bonds. either as to principal or interest. The Bonds are being issued on paritywith the <strong>City</strong>'s $1.500.000 (original principal amount) Water and Sewer System Revenue Bonds,Series 1996. dated September I. 1996. the <strong>City</strong>'s outstanding Series 2003 Bonds which are notbeing reflillded with the proceeds <strong>of</strong> the Series 2012 Bonds, the <strong>City</strong>'s outstanding Series 2004 !Bonds which a~e.not being refunded witl; the proceeds <strong>of</strong> the Series 2012 I:londs, the <strong>City</strong>'sI$3.400J)Otl (ongmal pnnclpal amount) ComllIned Water and Sewer System Revenue Bonds.1ISeries 2006, dated June I, 2006, the <strong>City</strong>'s $2,800.000 (original principal amount) CombinedIWater and Sewer System Revenue BOllds, Series 2007, dated June 1,2007, the <strong>City</strong>'s $3,450.00 !(original principal amount) Combined Water and Sewer System Revenue Bonds, Series 2008,dated February 1. 2008 and the <strong>City</strong>'s $8.500,000 (original principal amount) Combined Waterand Sewer System Revenue Bonds. Series 2011, dated as <strong>of</strong> May 1,2011 (collectively. the"Water/Sewer Bomls").TilE BOND RESOLUTION PIWVIDES THAT UNDER CERTAINCmCUMSTANCES, ADDITIONAL BONnS MAY BE ISSUED BY THE CITY ONPARITY WITH THE BONDS AND THE WATEWSEWER BONDS AND SECUnED BYA PARITY LIEN ON NET REVENliES OF TilE SYSTEM AND PAYABLE RATABLYFROM SliCH NET REVENUES ALONG WITH THE BONDS AND TilEW ATEWSEWER BONDS.The Bonds are registered as to both principal and interest, and are to be issued or reissued inthe denomination <strong>of</strong> $5.000 each, or integral multiples there<strong>of</strong> up to the amount <strong>of</strong> a singlematurity.[REDEMPTION PROVISIONS]This Bond lllay be transferred or exchanged by the Registered Owner here<strong>of</strong> ill per SOil or byhis attorney duly authorized in writing at the principal oUice <strong>of</strong> the Paying Agent, but only in themanner. subject to the limitations in the Bond Resolution, anu upon surrender and cancellation 0this Bond. Upon such transfer or exchange, a new Bond or Bonds <strong>of</strong> like aggregate principal Iamount in authorized tlenominations <strong>of</strong> the same maturity will be issued.The <strong>City</strong> ami the Paying Agent may deem and treat the Registered Owner here<strong>of</strong> as theabsolute owner for the purpose <strong>of</strong> receiving payment <strong>of</strong> or on account <strong>of</strong> principal hereo f andinterest due hereon ane! for all other purposes and neither the <strong>City</strong> nor the Paying Agent shall beaffected by any notice to the contrary.The <strong>City</strong> covenants and agrees that it will perform all duties required by law and by the BondResolution: that it will apply the proceeds <strong>of</strong> this Bonu to the purposes above set forth; that, aslong as this Bond is outstanding, it will operate and maintain the System; that it will fix andmaintain rates and make and collect charges lur the services <strong>of</strong> the Systelll, without regard to theuser there<strong>of</strong>. sufficient to provide j(Jr the operation and Illa~ntenance<strong>of</strong>the System hl good repaiand 1V0rking order. to provlde for the payment <strong>of</strong> the prIncipal <strong>of</strong> and Illterest Oll thiS Bond as 'Isame shallll1ature ami accrue, and to provide lur a reserve fund. a depreciation fund and a ·1.contingent fund, all as set forth in the Bond Resolution; and that such an amount <strong>of</strong> the gross 'Revenues <strong>of</strong> the System remaining after paying the expenses <strong>of</strong> operating and lJIaintaining the ISystem as will mailltainthe payment <strong>of</strong> the principal and interest on this Bond. as the same shadmature anu accrue. is hereby irrevocably pledged to said purpose. .IT IS HEREIJY CERTIFIE]), RECITE]) AN]) REPRESENTE]) that all conditions, actsand things requireu by law to exist. to have happened and to have been performed precedent toand in the issuance <strong>of</strong> this Bond, in order to make the same a legal and binding obligation <strong>of</strong> the<strong>City</strong>, according to the terms here<strong>of</strong>: do exist, have happened ami have been perlurmed in regularand due time. form and manner as required by law.III15


,429IThis Bond shMWU"t~daQQK NQllt~WpYtpgfor~ffiQRRn IleM10l!itcR'D"N6' 0226or secunty un er t le Bond ResolutIon untIl the certIhcate <strong>of</strong> regIstratIon and authenticationhereon shall have been signed by the Paying Agent.Terms capitalized herein shall have the same meaning as in the Bond Resolution, unlessotherwise expressly provided herein.IN WITNESS WHEREOF, the <strong>City</strong> has caused this Bond to be executed in its name by themanual or facsimile signature <strong>of</strong> the Mayor <strong>of</strong> the <strong>City</strong>, countersigned by the manual or facsimilesignature <strong>of</strong> the Clerk <strong>of</strong> the <strong>City</strong>, under the manual or facsimile seal orthe <strong>City</strong>, which saidmanual or facsimile signatures and seal said <strong>of</strong>licials adopt as and fDr their own propersignatures and seal, all as <strong>of</strong> the day <strong>of</strong> ,2012.(SEAL)CITY OF OXFORD, MlSSISSIPl'1ATTEST:Mayor<strong>City</strong> ClerkII16


430MINUTE BOOK No. <strong>63</strong> CITY OF OXFORD'co.£ERIlElCAIEcOF-REGlST l{P.TION AND-AU'I'UEN/'I£A TIO~MENTMERmN "'"This ~ond is one <strong>of</strong> the Bonds described in the within me?tioned Bond I~esolution and is one j.<strong>of</strong> the Combllled Water and Sewer System Revenue Refundll1g Bonds, Series 2012 <strong>of</strong> the CIty 0<strong>Oxford</strong>, Mississippi. .i________ , as Paying AgentIDate <strong>of</strong> Registration and Authentication:~~-.By ~_~ __ ~,--~~~~~~~~~~_+Authorized OfficerISTATE OF MISSISSIPPILA.FA YETTE COUNTYREGISTRA TION AND V ALIDA TION CERTIFICATEL the undersigned Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, do hereby certify that the withinBond has been duly registered by me as an obligation <strong>of</strong> said <strong>City</strong> pursuant to law in a recordkept ill my o11ice for that purpose, and has been validated and confirmed by Decree <strong>of</strong> theChancery Court <strong>of</strong> Lafayette County, Mississippi, rendered on the day <strong>of</strong> ,201(SEAL)<strong>City</strong> ClerkASSIGNMENTFOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto(Name and Address <strong>of</strong> Assignee)Ithe within Bond and does hereby irrevocably constitute and appointas registrar and transfer agent to transfer the sai1Bond on the records kept for registration there<strong>of</strong> with full power <strong>of</strong> substitution in the premises. IISignature guaranteed: .(Bank, Trust Company or Paying Agent)(Authorized OHicer)Date <strong>of</strong> Assignment: _________ _Insert Social Security Number or other TaxIdentification Number <strong>of</strong> AssigneeNOTICE: The signature to this Assignmentmust correspond with the name or theregistered owner as it appears upon the face<strong>of</strong> the within Bond in every particulal:,without any alteration whatever, and lllu~tbe guaranteed by a cOllllllercial bank or tru~tcompany or a member <strong>of</strong> a nation~1securities e~change ",;ho is a member <strong>of</strong> ,rMedalbon SIgnature Guarantee Program. !lEND OF SERIES 2012 BOND FORMISECTION 14, The Governing Body hereby adopts, pursuant to the authority granted ~ythe Act and the Registered Bond Act, the following conditions (the "Conditions") which are 10apply to the transfer, exchange and replacement <strong>of</strong> the Series 2012 Bonds, and other similarmatters.I17


.,I .....431MINU:lEIBQQX:cNQ.~:fiauCll~~~ORDDEMENT-MERIDIAN 61·0226sIII"Paying Agent" as used in these Conditions means, as to Series 2012 Bondsdesignated herein, the bank or banks designated by action <strong>of</strong> the Governing Bodyas the Paying Agent with respect to the Series 2012 Bonds and whose duties andresponsibilities shall be as further limited or set forth in the fiJrm <strong>of</strong> Series 2012Bonds for such issue <strong>of</strong> Series 2012 Bonds.The principal <strong>of</strong> all Series 2012 Bonds shall be payable at the corporate trustollice <strong>of</strong> the Paying Agent, and payment <strong>of</strong> the interest on each Series 2012 Bondshall be made by the Paying Agent on each interest payment date to the personappearing on the registration records <strong>of</strong> the <strong>City</strong> (hereinafter provided for) as theregistered owner there<strong>of</strong> as <strong>of</strong> the close <strong>of</strong> business on the date which shall be thefifteenth (15th) day (whether or not a Business Day) <strong>of</strong> the calendar month nextpreceding such interest payment date, by check or draft mailed to such registeredowner at his address as it appears on such registration records. Payment <strong>of</strong> theprincipal <strong>of</strong> all Series 2012 Bonds shall be made upon the presentation andsurrender for cancellation <strong>of</strong> such Series 2012 Bonds as the same shall becomedue and payable.Series 2012 Bonds, upon surrender there<strong>of</strong> at said corporate trust <strong>of</strong>fice <strong>of</strong> thePaying Agent with a written instrument <strong>of</strong> transfer satisfactory to such PayingAgent duly executed by the registered owner or his authorized attorney, may beexchanged for Series 2012 Bonds <strong>of</strong> like series, maturity and interest rate <strong>of</strong> anyother authorized denominations. Each such Series 2012 Bond shall be dated as <strong>of</strong>the date six (6) months preceding the interest payment date thereon next followingthe date <strong>of</strong> delivery <strong>of</strong> such Series 2012 Bond in registered form, unless such date<strong>of</strong> delivery shall be an interest payment date in which case it shall be dated as <strong>of</strong>such date <strong>of</strong> delivery, and every such Series 2012 Bond in registered form shallbear interest from its date.So long as the Series 2012 Bonds shall remain outstanding, the <strong>City</strong> shall causethe Paying Agent to maintain and keep, at its corporate trust otlice, registrationrecords for the registration and transfer <strong>of</strong> Series 2012 Bonds, and, uponpresentation there<strong>of</strong> for such purpose at such corporate trust <strong>of</strong>fice, the <strong>City</strong> shallcause the Paying Agent to register or cause to be registered thereon, and permit tobe transferred thereon, under such reasonable regulations as the Paying Agentmay prescribe, any Series 2012 Bond. So long as any <strong>of</strong> the Series 2012 Bondsremain outstanding, the <strong>City</strong> shall make all necessary provisions to permit theexchange <strong>of</strong> Series 2012 Bonds at the corporate trust <strong>of</strong>fice <strong>of</strong> the Paying Agent.All Series 2012 Bonds shall be transferable only upon the registration recordswhich shall be kept for that purpose at the corporate trust <strong>of</strong>fice <strong>of</strong> the PayingAgent for the <strong>City</strong>, by the registered owner there<strong>of</strong> in person or his authorizedattorney, upon surrender there<strong>of</strong>, together with a written instrument <strong>of</strong> transfersatisfactory to the Paying Agent, duly executed by the registered owner or hisauthorized attorney, and uJlon such transfer there shall be issued in the name <strong>of</strong>the transferee a new Series 2012 Bond or Series 2012 Bonds in registered form <strong>of</strong>the same series in the same aggregate principal amount and <strong>of</strong> like maturity andinterest rate as the Series 2012 Bond or Series 2012 Bonds surrendered. Series2012 Bonds issued in connection with transfers shall be dated in the same mannerprovided above for the dating <strong>of</strong> Series 2012 Bonds issued in connection withexchanges.Neither the <strong>City</strong> nor the Paying Agent shall be required (a) to exchange or transferSeries 2012 Bonds for a period <strong>of</strong> fitleen (15) days next preceding an interestpayment date on the Series 2012 Bonds or next preceding any selection <strong>of</strong> Series2012 Bonds to be redeemed or thereafter until the first mailing <strong>of</strong> any notice <strong>of</strong>redemption, or (b) to transfer or exchange any Series 2012 Bond called Jilrredemption.All Series 2012 Bonds surrendered in any exchanges or transfers shall forthwithbe canceled by the Paying Agent and thereafter transmitted to the <strong>City</strong>.Prior to the issuance or delivery <strong>of</strong> any Series 2012 Bond, whether upon originalissnallce, transfer, exchange or replacement, the Paying Agent shall manuallyexecute the certificate <strong>of</strong> authentication provided thereon. No Series 2012 Bond18


432~!tiY!I~ (!l£2~rytjg-ml~~~Till'I:12c~ £~~t~o~BhentPtmlli1RIDIAN"226shall have been duly executed by the Paying Agent. Such certificate <strong>of</strong> thePaying Agent upon any Series 2012 Bond executed on behal r <strong>of</strong> the Citv shall beconclnsive evidence that the Series 2012 Bond so authenticated has been dulvauthenticated and del ivered. ~Series 2012 Bonds bearing the facsimile signature <strong>of</strong> any person who shall havebeen the Mayor or Clerk at the time such Series 2012 Bonds were originally datedor delivered by the <strong>City</strong> shall bind the <strong>City</strong> notwithstanding the fact that he or shemay have ceased to be such <strong>of</strong>ficer prior to the delivery <strong>of</strong> such Series 2012Bonds or was not such <strong>of</strong>ticer at the date <strong>of</strong> such Series 2012 Bonds.Except as otherwise required by law, if (a) allY mutilated Series 2012 Bond issurrendered to the Paying Agent at its corporate trust <strong>of</strong>fice, or the Paying Agentreceives evidence to its satisfaction <strong>of</strong> tlte destruction, loss or theft <strong>of</strong> any Series2012 Bond and (b) there is delivered to the Paying Agent such security amI/orindemnity as may be required by it to save harmless the <strong>City</strong> and the PayingAgent. aud as otherwise required by law, then, in the absence <strong>of</strong> notice to thePaying Agent that such Series 2012 Bond has been acquired by a bona fidepurchaser as sllch term is defined in the Uniform COlllmercial Code as it is then ineffect in the State, the Paying Agent shall authenticate and deliver, in exchangefor any such mutilated Series 2012 Bond, or in lieu <strong>of</strong> any such destroyed, lost orstolen Series 2012 Bond, a new Series 2012 Bond <strong>of</strong> like tenor and principalamount. bearing a number not contemporaneously outstanding. The PayingAgent shall thereupon cancel any Series 2012 Bond so surrendered.In case any mutilated, destroyed, lost or stolen Series 2012 Bond has become or isabout to become due and payable, the Paying Agent in its discretion may, instead<strong>of</strong> issuing a new Series 2012 Bond, pay such Series 2012 Bond.Each new Series 2012 Bond issued pursuant to this Section in lieu <strong>of</strong> anysurrendered, destroyed, lost or stolen Series 2012 Bond shall consti tute anadditional contractual obligation <strong>of</strong> the <strong>City</strong> and shall be entitled to all benefitsequally amI proportionately with any and all other Series 2012 Bonds duly issued.All Series 2012 Bouds shall be held and owed upon the express condition that theforegoing provisions are exclusive with respect to the replacement or payment <strong>of</strong>mutilated. destroyed, lost or stolen Series 2012 Bonds, and shall preclude (to theextent lawfill) all other rights or remedies with respect to the replacement orpayment <strong>of</strong> mutilated, destroyed, lost or stolen Series 2012 Bonds or securities.Notwithstanding the foregoing provisions <strong>of</strong> these Conditions, no Series 2012Bonds shall be exchanged for other Series 20 12 Bonds or be registered ortransferred or issued or delivered by or on behal f <strong>of</strong> the <strong>City</strong> or the Paying Agentpursuant to this Section at the request <strong>of</strong> a holder or owner <strong>of</strong> a Series 2012 nond,except upon payment to such Paying Agent by or on behalf <strong>of</strong> such Ilolder orowner <strong>of</strong> a charge su11icient to reimburse the <strong>City</strong> and such Paying Agent for anytax. fee, or other governmental charge required to be paid with respect to thetransaction.The <strong>City</strong> and the Paying Agent may treat and consider the perSOLl in whose nameany Series 2012 Bond shall be registered upon the registration records as hereinprovided as the holder and absolute owner there<strong>of</strong>, whether such Series 2012Bond shall be overdue or not, for tile purpose <strong>of</strong> receiving payment <strong>of</strong> theprincipal there<strong>of</strong> and interest thereon and for all other purposes whatsoever;provided, however. payment <strong>of</strong>, or on account <strong>of</strong>, the principal <strong>of</strong> and interest onsuch Series 2012 Bond shall be made only to, or upon the order <strong>of</strong>, suchregistered owner, and such payment so made shall be valid and effective to satisfyand discharge the liability upon such Series 2012 Bond to the extent <strong>of</strong> the SUIll orsums so paid, and neither the <strong>City</strong> nor any Paying Agent shall be affected by anynotice to the contrarv.SECTION 15. (a) ~ So long as any <strong>of</strong> the Series 2012 Bonds shall remain ()utstandinthe Citv shall maintain with the Paying Agent separate records for the registration and transfer fthe Se~ies 2012 Bonds. The Paying Agent is hereby appointed registrar /')1' the Seri~s 201 12Bonds, in which the <strong>City</strong> the Paying Agent shall register in such records and penlllt to betransferred thereon, under such reasonable regulations as may be prescribed, any Series 20 I ~Bond entitled to registration or transfer.II19IIII


433o t Ie servlces norma y rem eree an t le ll1curnng 0 norma expenses reasona 1 y annecessarily paid as are customarily paid to paying agents, transfer agents and bond registrars,subject to agreement between the <strong>City</strong> and the Paying Agent. Fees and reimbursements forextraordinary services and expenses, so long as not occasioned by the negligence, misconduct orwilltiil default <strong>of</strong> the Paying Agent, shall be made by the <strong>City</strong> on a case-by-case basis, subject,where not prevented by emergency or other exigent circumstances, to the prior written approval<strong>of</strong> the Governing Body.I(a) (i) A Paying Agent may at any time resign and be discharged <strong>of</strong> its duties andobligations as Paying Agent, by giving at least sixty (60) days written notice to the <strong>City</strong>,and may be removed as Paying Agent at any time by resolution <strong>of</strong> the Governing Bodydelivered to the Paying Agent. The resolution shall specify the date on which suchremoval shall take effect and the name and address <strong>of</strong> the successor Paying Agent, andshall be transmitted to the Paying Agent being removed within a reasonable time prior tothe elTective date there<strong>of</strong>. Provided, however, that no resignation or removal <strong>of</strong> a PayingAgent shall become elfective until a successor Paying Agent has been appointed pursuantto this Bond Resolution.(ii) Upon receiving notice <strong>of</strong> the resignation <strong>of</strong> the Paying Agent, the <strong>City</strong>shall promptly appoint a successor Paying Agent by resolution <strong>of</strong> the Governing Body.Any appointment <strong>of</strong> a successor Paying Agent shall become elTective upon acceptance <strong>of</strong>appointment by the successor Paying Agent. If no successor Paying Agent shall havebeen so appointed and have accepted appointment within thirty (30) days aner the notice<strong>of</strong> resignation, the resigning Paying Agent lllay petition any court <strong>of</strong> competentjurisdiction for the appointment <strong>of</strong> a successor Paying Agent, which court may thereupon,aner such notice as it may deem appropriate, appoint a successor Paying Agent.I(iii) In the event <strong>of</strong> a change <strong>of</strong> Paying Agents, the predecessor Paying Agentshall cease to be custodian <strong>of</strong> any funds held pursuant to this Bond Resolution inconnection with its role as such Paying Agent, and the successor Paying Agent shallbecome such custodian; provided, however, that before any such delivery is required tobe made, all fees, advances and expenses <strong>of</strong> the retiring or removed Paying Agent shallbe fully paid. Every predecessor Paying Agent shall deliver to its successor PayingAgent all records <strong>of</strong> account, registration records, lists <strong>of</strong> holders <strong>of</strong> the Series 2012Bonds and all other records, documents and instruments relating to its duties as suchPaying Agent.(iv) Any successor Paying Agent appointed under the provisions here<strong>of</strong> shallbe a bank, trust company or national banking association having Federal DepositInsurance Corporation insurance <strong>of</strong> its accounts, duly authorized to exercise corporatetrust powers and subject to examination by and in good standing with the federal and/orstate regulatory authorities under the jurisdiction <strong>of</strong> which it falls.(v) Every successor Paying Agent appointed hereunder shall execute,acknowledge and deliver to its predecessor Paying Agent and to the <strong>City</strong> an instrument inwriting accepting such appointment hereunder, and thereupon such successor PayingAgent, without any further act, shall become fully vested with all the rights, immunitiesand powers, and be subject to all the duties and obligations, <strong>of</strong> its predecessor.I(vi) Should any transfer, assignment or instrument in writing be required byany Sllccessor Paying Agent from the <strong>City</strong> to more lully and certainly vest in sllchsuccessor Paying Agent the estates, rights, powers and duties hereby vested or intendedto be vested in the predecessor Paying Agent, any sllch transfer, assignment and writteninstruments shall, on request, be executed, acknowledged and delivered by the <strong>City</strong>.(vii) The <strong>City</strong> will provide allY Sllccessor Paying Agent with certified copies <strong>of</strong>all resolutions, orders and other proceedings adopted by the Governing Body relating tothe Series 2012 Bonds.20


~I434... .~INl{!~ IM¥2!$a!'~2iI&~dJf!lXJ~Ew9~~R~pAge~~1T~~SlPaying Agent ~hall terminate upon the accomplish,ment <strong>of</strong> all duties. obligations an,lesponslbllities unposed by law or required to be performed by tillS Bond ResolutIOn. ,(b) Any corporation or association into which a Paying Agent may be converted o!merged. or with which it may be consolidated or to which it may sell or transfer its assets as .whole or substantially as a whole. or any corporation or association resulting from any suc 1conversion. sale. merger. consolidation or transfer to which it is a party. shall be and becomesuccessor Paying Agent hereunder and vested with all the powers. discretions. immunities,privileges and all other matters as was its predecessor. without the execution or filing <strong>of</strong> anyinstrument or any further act, deed or conveyance on the part <strong>of</strong> either the <strong>City</strong> or the successotPaying Agent, anything herein to the contrary notwithstanding, provided only that such successoj·Paying Agent shall be satisfactory to the <strong>City</strong> and eligible lmder the provisions <strong>of</strong> Secliol\IS(c)(iv) here<strong>of</strong>.ISECTION 16. Onlv such <strong>of</strong> the Series 2012 Bonds as shall have endorsed thereon ~certificate <strong>of</strong> registration and authenlicatlon 111 substantially the form hereinabove set forth if.Section 13. duly executed by the Paying Agent. shall be entitled to the rights. benefits an~security <strong>of</strong> this Bond Resolution. No such Series 2012 Bond shall be valid or obligatory lor anypurpose unless allli until such certificate <strong>of</strong> registration and authentication shall have been dulyexecuted by the Paying Agent, which executed certificate shall be conclusive evidence <strong>of</strong>registration. authentication and delivery under this Bond Resolution. The Paying Agent'$certilicate <strong>of</strong> registration and authentication on any such Series 2012 Bond shall be deemed tohave been duly executed if signed by an authorized orlicer <strong>of</strong> the Paying Agent. but it shall no'be necessary that the same <strong>of</strong>llcer sign said certificate on all <strong>of</strong> the Series 2012 Bonds that ma 'be issued hereunder at anyone time.SECTION 17. (a) In the event the Underwriter shall fail to designate the name.addresses and social security or tax identification numbers <strong>of</strong> the Registered Owners <strong>of</strong> th,Series 2012 Bonds within thirty (30) days <strong>of</strong> the date <strong>of</strong> sale, or at such other earlier date as rna 'be designated by the <strong>City</strong>, one Series 2012 Bond registered in the name <strong>of</strong> the Underwriter rna'be issued in the ILril amount for each maturity. Ownership <strong>of</strong> the Series 2012 Bonds shall be ilthe Underwriter until the initial Registered Owner has made timely payment and, upon request fthe Underwriter within a reasonable time <strong>of</strong> the initial delivery <strong>of</strong> the Series 2012 Bonds, thPaying Agent shall re-register any such Series 2012 Bond upon its records in the name <strong>of</strong> thbRegistered Owner to be designated by the Underwriter in the event timely payment has not beellmade by the initial Registered Owner.(b) Except as hereinabove provided, the Person in whose name any <strong>of</strong> the Series 201 'Bonds shall be registered in the records <strong>of</strong> the <strong>City</strong> maintained by the Paying Agent may bdeemed tlle absolute owner there<strong>of</strong> for all purposes, and payment <strong>of</strong> or on account <strong>of</strong> thprincipal <strong>of</strong> or interest on any <strong>of</strong> the Series 2012 Bonds shall be made only to or upon the ordl'<strong>of</strong> the Registered Owner there<strong>of</strong>; or his legal representative, but such registration may b.changed as hereinafter provided. All such payments shall be valid and effectual to satisfy anddischarge the liability upon any <strong>of</strong> the Series 2012 Bonds to the extent <strong>of</strong> the SUlll or sums sbpaid.IIIISECTION 18, 1'1'0111 and after the issuance and delivery <strong>of</strong> tile Series 2012 Bonds, theSystem shall be operated on a Fiscal Year basis, commencing on the first day <strong>of</strong> October, an.;!ending on the last day <strong>of</strong> September in the following year; provided, however, that the Fisc~1Year may be changed upon written notice to the Registered Owners.IISECTION 19. All Revenues shall be set aside as collected and shall be deposited in*lthe Revenue Fund. which fund was created pursuant to the 1996 Bond Resolutioll. Moneys i/1said 1(111d shall not be subject to lien or attachment by any creditor <strong>of</strong> the <strong>City</strong> and shall be s¢taside for, allocated to and deposited by the Clerk to the extent available in the following order <strong>of</strong>preference in the following separate and special funds, hereby created, without ILlrther directiun<strong>of</strong> or action by the Governing Body or other authority <strong>of</strong> the <strong>City</strong>:(a) On the first business day <strong>of</strong> each month. c0111mencing in the first month aft~rdelivery <strong>of</strong> the Series 2012 Bonds, there shall be deposited into the Operation and Main.tenan9~Fund. which ILl11e1 was created pursuant to the 1996 Bond Resolution. an amount which wdl21I


435( b) There is hereby created the 2012 Bond and J nterest Fund and two separatesubaccounts therein as follows:III(i) On the first business day <strong>of</strong> each month, commencing in the fIrst monthafter the delivery <strong>of</strong> the Series 2012 Bonds, there shall be deposited into a subaccount inthe 2012 Bond and Interest Fund designated as the 2012 Current Debt Service Account,which account is hereby created, an amount which, together with equal subsequentmonthly deposits on the first business day <strong>of</strong> each successive month, will provide a sumequal to the amount necessary to pay interest and principal due and payable through thedate on which the next installment <strong>of</strong> principal on the Series 2012 Bonds is due. Accruedinterest on the Series 2012 Bonds received limn the Purchaser shall be deposited into the2012 Current Debt Service Account <strong>of</strong> the 2012 Bond and Interest Fund at Closing.(ii) Provided, that in addition to the moneys hereby required to be paid intothe 2012 Current Debt Service Account <strong>of</strong> the 2012 Bond and Interest Fund, the 2012Debt Service Reserve Fund which fund is hereby created and shall be maintained as asubaccount in the 2012 Bond and Interest Fund in order to meet any deficiency therein inti.Lture years. In order to ti.tlly fund the 2012 Debt Service Reserve Fund, the Clerk shallimmediately upon delivery <strong>of</strong> the Series 2012 Bonds deposit an amount which will beequal to the Debt Service Reserve Fund Requirement, at which amount the 2012 DebtService Reserve Fund shall thereafter be maintained by such ti.Llure payments as may benecessary for that purpose. Notwithstanding any other provision contained herein, uponthe determination <strong>of</strong> any deficiency in the total amount on deposit in the 2012 DebtService Reserve Fund, the full amount <strong>of</strong> such deficiency shall be fully funded within one(1) year <strong>of</strong> such determination. The 2012 Debt Service Reserve Fund shall be used onlyto pay maturing principal and accruing interest, or both, on the Series 2012 Bonds andonly whenever and to the extent that funds otherwise available in the 2012 Current DebtService Account are insufticient for that purpose. No funds paid into the 2012 DebtService Reserve Fund shall be used to prepay the principal unless such prepayment is forthe entire balance <strong>of</strong> the principal amount <strong>of</strong> the Series 2012 Bonds. If the amount ondeposit in the 2012 Debt Service Reserve Fund as valued on the last day <strong>of</strong> any BondYear is more than the Debt Service Reserve Fund Requirement, the amount <strong>of</strong> suchexcess shall be transferred to the 2012 Current Debt Service Account.(c) In order to fully fund the 2012 Depreciation Fund which is hereby created, theClerk shall immediately upon delivery <strong>of</strong> the Series 2012 Bonds deposit the sum <strong>of</strong> FiveThousand Dollars ($5,000) from the proceeds <strong>of</strong> the Series 2012 Bonds, which sum shallthereafter be maintained in such fund by such future payments as may be necessary for thatpurpose. Notwithstanding any other provision contained herein, upon the determination <strong>of</strong> anydeficiency in the total amount on deposit in the 2012 Depreciation rund the full amount <strong>of</strong> suchdeticiency shall be ti.LlIy funded within one (1) year <strong>of</strong> such determination. The 2012Depreciation Fund shall be used for the purpose <strong>of</strong> paying the cost <strong>of</strong> replacing such parts <strong>of</strong> theSystem as may need replacement in order to keep the System operating in an economical andefticient manner upon written certification by the Consulting Engineers to the Governing Bodycertifying the necessity for such expenditure and concurring in the necessity for such expendituretimn the 2012 Depreciation Fund; provided, however, that in the event the funds otherwiseestablished for the payment <strong>of</strong> the principal <strong>of</strong> and interest on the Series 2012 Bonds should beinsutlicient for said purpose, then and in that event, to the extent <strong>of</strong> any such insutliciency, theamount necessary to pay accruing interest and to provide for the payment <strong>of</strong> the principal as setforth in subparagraph (b) <strong>of</strong> this section shall be drawn from the 2012 Depreciation Fund andshall be used, together with ti.lllds otherwise available, to pay such accruing interest and toprovide for the payment <strong>of</strong> principal as set forth in subparagraph (b) <strong>of</strong> this section.(d) In order to tlLlly fund the 2012 Contingent Fund, the Clerk shall immediately upondelivery <strong>of</strong> the Series 2012 Bonds deposit the sum <strong>of</strong> Five Thousand Dollars ($5,000) from theproceeds <strong>of</strong> the Series 2012 Bonds, which sum shall thereafter be maintained in such fund bysuch future payments as may be necessary for that purpose. Notwithstanding any other provision22


436J'olltaillM !,~M,~I~J~g(g~ll~S~Qn ~~1n~~rrnHE-t2~FaI~B2t illL~~"W~!ll'2012 Contingent Fund the full amount <strong>of</strong> such deJiciency shall be fully funded within one (I)year <strong>of</strong> such determination. The 2012 Contingent Fund shall be used for the purpose <strong>of</strong> payin~the cost <strong>of</strong> unforeseen contingencies arising in the operation and maintenance o[ the System~including the construction <strong>of</strong> reasonable and proper improvements, betterments, and extension'thereto upon written certification by the Consulting Engineers to the Governing Body certi[yinthe necessity for such expenditure and concurring in the necessity [or such expenditure frolll th '2012 Contingent fund; provided, however, that in the event the funds otherwise established b_the Resolution for the payment <strong>of</strong> the principal <strong>of</strong> and interest Oil the Series 2012 BOllds shoulbe insuf1icient for said purpose, then and in that event to the extent <strong>of</strong> any such insufliciencYfthe amount necessary to pay accruing interest and to provide for the payment <strong>of</strong> the principal asset forth in subparagraph (b) <strong>of</strong> this section shall be drawn frolll the 2012 Contingent Fund andshall be used, together with funds otherwise available, to pay such accruing interest and toprovide for the payment <strong>of</strong> principal as set forth in subparagraph (b) <strong>of</strong> this section.IThe moneys in the foregoing funds shall be held separate and apart li'OIn all other funds <strong>of</strong> the<strong>City</strong> and shall be applied in the manner provided, and, except for moneys in the Operation andMaintenance Fund, pending such application, shall be subject to a lien and charge in favor andfor the security <strong>of</strong> Registered Owners <strong>of</strong> the Series 2012 Bonds until paid out or transferred asherein provided. Any surplus Revenues remaining after all deposits and transfers required orallowed by the Resolution shall be used solely for purposes pertaining to the System or asotherwise allowed by the Act.Any Revenues o[ the System collected prior to the Closing by the <strong>City</strong> may be used by the<strong>City</strong> to fund all or a portion <strong>of</strong> the foregoing funds and accounts.SECTION 20. I f Revenues shall be insuf1icient at any time to make the payments o~deposits required by Section 19 here<strong>of</strong>, the deficiency shall be made good by additionajpaY!1lents to be made out <strong>of</strong> the Jirst available Revenues received during any succeeding montor !!!onths. Whenever and as long as SU!l1S actually on deposit in the 2012 Bond and InteresFund, including the 2012 Debt Service Reserve Fund therein, shall equal the outstandin'principal alllount <strong>of</strong> the Series 2012 Bonds, plus the amount <strong>of</strong> all interest due thereon until threspective maturity dates <strong>of</strong> the Series 2012 Bonds, no further deposits need be made into saifunds.ISECTION 21. All sums in the funds referred to in Section 19 here<strong>of</strong> shall be kept 01deposit in bank accounts separate from all other bank accounts <strong>of</strong> the <strong>City</strong> in a bank or bank'having Federal Deposit Insurance Corporation insurance <strong>of</strong> its accounts and at all times shall bcontinuously secured as provided by the laws <strong>of</strong> the State Jar other funds <strong>of</strong> the <strong>City</strong>. or, in thediscretion <strong>of</strong> the Governing Body, lllay be invested as directed in this Bond Resolution iinvestments authorized under the laws <strong>of</strong> the State as may now be or hereafter becomapplicable. Such investments shall mature or be redeemabl~ prior to the time the funds s'invested will be needed for expenditure. Any interest or other income received frolll investmentshall accrue to and be deposited in the fund which generated sllch income or to which suc \income is attributable. Provided, however, that the Governing Body shall transfer to tile 20 ICurrent Debt Service Account in the 2012 Bond and Interest Fund any such income in excess orthe aggregate amount required by this Bond Resolution to be maintained 1!1 allY other fund oraccount.SECTION 22. The <strong>City</strong> covenants and agrees with the Registered Owners that it willperform, or cause to be performed, all duties vvith respect to the operation and maintenance <strong>of</strong> thrSystem and with respect to the Jixing, maintaining and collecting <strong>of</strong> the rates, fees ami charge,J~r the services there<strong>of</strong>, the establishing <strong>of</strong> the funds herein referred to, and all other matters anthings required by law and by this Bond Resolution, and that it will do or cause to be done. in a Itime amI season. each and every <strong>of</strong>ficial act necessary lor the payment <strong>of</strong> the principal <strong>of</strong> and thinterest on the Series 2012 Bonds as the same shall mature and accrue.ISECTION 23. The <strong>City</strong> further covenants with the Registered Owners as follows:(a) As long as any <strong>of</strong> the Series 2012 Bonds are outstanding and unpaid, it willoperate and maintain the System, or cause the System to be operated and maintained.23


I ~(b)an malll am ra es an ma e an co ec c arges or e use an serVIce 0 e ys em w lidi wPat all times be sufficient: (i) to pay the Current Expenses <strong>of</strong> the System, (ii) to provide onehundred ten per centum (110%) <strong>of</strong> the amount <strong>of</strong> the maximum Principal and InterestRequirements for the current Bond Year on account <strong>of</strong> the Bonds then outstanding and (iii) t<strong>of</strong>und the 2012 Debt Service Reserve Fund, the 2012 Depreciation Fund and the 2012 ContingentPund as provided in Section 19 here<strong>of</strong>.437l\lI~1~ aQQKet'J~ih2<strong>63</strong>.(ClT}{ltQJaiQXfQSP,it \'bi!.1~


438MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDIc=='~~~~-- -===-~1) _ f\ statemept <strong>of</strong>' the amOll'l1 on dep')si t ill-Prtcl} <strong>of</strong> 1he (!,uds referredDt~'firES~-flt~19 <strong>of</strong> this Boncl Resolution. I ,iSECTION 25. (a) In order to insure the efficient and economical operation <strong>of</strong> th~System and to insure the proper maintenance there<strong>of</strong> in an efficient working order, the <strong>City</strong>covenants, as a part <strong>of</strong> the contract to be evidenced by the Series 2012 Bonds, that it will employ,:while any <strong>of</strong> the Series 2012 Bonds are outstanding, independent engineers or engineering firmslIl~aving a favorable reputation fO.r skill a!ld experience. in such work, such engineer or engineerin~1finn to act as Consuitlllg Engl11eers lor the operatIon ancl mall1tenance <strong>of</strong> the System. Thcompensation <strong>of</strong> the Consulting Engineers shall be deemed to be an expense <strong>of</strong> operating th 'System and shall be payable Ii-OIII Revenues.I(b) It shall be the duty <strong>of</strong> the <strong>City</strong>. with advice fr0111 the Consuiting Engineers Iannually to inspect the System prior to the commencement <strong>of</strong> each Fiscal Year and to file ~report with the Clerk prior to the commencement <strong>of</strong> each Fiscal Year. setting out the condition oCthe physical plant <strong>of</strong> the System and any recommendations which such the Consulting Engineersshall deem to be advisable. Such report shall include the following:I(i) Advice and recommendations concerning the maintenance, reparr anoperation <strong>of</strong> the System.(ii)o[ the System.(iii)Advice and recommendations as to renewals or replacements <strong>of</strong> any parAdvice and recommendations as to extensions <strong>of</strong> the System.(iv) The estimated cost <strong>of</strong> any recolllmended renewals, replacements orextensions to the System.(v) Advice and recommendations concerning the amount and character 0insurance that should be carried on the System.(vi) Advice and recommendations concerning any revision <strong>of</strong> the rates to bcharged for the services <strong>of</strong> the System.I(vii) A statement <strong>of</strong> the judgment <strong>of</strong> the <strong>City</strong> with advice from such ConsultinEngineers concerning whether the Svstem had been maintained in good repair anoperating order. with such suggestions "as such Consulting Engineers may deem advisabl'concerning changes in the methods <strong>of</strong> operating the System.(c) The <strong>City</strong> covenants with the Registered Owners that if the report <strong>of</strong> th~Consulting Engineers shall show that the System has not been maintained in good repair anoperating condition, it will, frol11 available Revenues and from the 2012 Depreciation Fund anljto the extent applicable, the 2012 Contingent Fund, promptly restore the System to good repai'ancl operating condition; that all recommendations <strong>of</strong> said report shall receive i1l1parti~1consideration by the Governing Body; and that the <strong>City</strong> and the Governing Body shall endeavorin good faith to carry out the recommendations that may be made by the <strong>City</strong> with advice frol~the Consulting Engineers.SECTION 26. (a) Except as hereafter set forth in subparagraph (b) below, fwm andaner the issuance <strong>of</strong> the Series 2012 Bonds. no Additional Bonds shall be issued or ubligation'incurred by the <strong>City</strong> which are payable in whole or in part [rolll or chargeable to Revenue(except obligations incurred in the operation and maintenance <strong>of</strong> the System), unless sucAdditional Bonds or obligations are in all respects junior ancl subordinate to the Series 201Bonds.I(b) The <strong>City</strong> shall have the right to issue one or more series <strong>of</strong> Additional Bonds to hesecured by a parity lien on and ratably payable from Net Revenues and any other securitypledged to the Series 2012 Bonds, provided in each instance that:(i) the Net Revenues available for payments <strong>of</strong> principal <strong>of</strong> and interest on th~Series 2012 Bonds for a period <strong>of</strong> 12 consecutive months durmg the 18 months precedmgthe month in which such Additional Bonds are issued must be certified by all accountant25


439Isuccee lllg on ear WI 1 respec 0 1e enes _ om s an 1e ( Ilona on sproposed to be issued; or in lieu <strong>of</strong> the foregoing formula, if a new schedule <strong>of</strong> rates, feesand charges for the services, facilities and commodities <strong>of</strong> the System shall have beenadopted, then the Revenues available for debt service payments (taking into account suchnew rates) must be certified by an accountant to have been at least equal to 125% <strong>of</strong> thehighest annual debt service payments in any succeeding Bond Year with respect to theSeries 2012 Bonds and the Additional Bonds proposed to be issued during the period setforth above;(ii) the pledge <strong>of</strong> and lien on the Net Revenues and amounts on deposit fromtime to time in the 2012 Bond and Interest Fund shall be extended for the benefit <strong>of</strong> theregistered owners <strong>of</strong> the Additional Bonds; and(iii) the resolution under which the proposed bonds are being issued shallprovide for the funding <strong>of</strong> an increase in the 2012 Debt Service Reserve Fund resultingIi-Oln the issuance <strong>of</strong> such Additional Bonds from the proceeds <strong>of</strong> such Additional Bondsor as otherwise allowed by Section 19(b)(ii),(cl The <strong>City</strong> hereby covenants and agrees that in the event Additional Bonds in oneor more series are issued on parity with the Series 2012 Bonds, it shall:I(i) Adjust the deposits into the 2012 Bond and Interest Fund in the followingmanner: On or before the tenth (I O'h) day <strong>of</strong> each 1110nth, commencing in the first monthafter the delivery <strong>of</strong> the Additional B011ds, there shall be deposited into a subaccount inthe 2012 Bond and Interest Fund designated 2012 Current Debt Service Account anamount which, after taking into account any amounts already on deposit and equalsubsequent monthly deposits on or before the tenth (I O'h) day <strong>of</strong> each successive month,will provide a sum equal to the amount necessary to pay interest and principal due andpayable through the date on which the next installment <strong>of</strong> principal on the Bonds and theAdditional Bonds is due.(ii) Adjust the amount on deposit in the 2012 Debt Service Reserve Fund to asum equal to the Debt Service Reserve Fund Requirement as calculated for the Series2012 Bonds and such Additional Bonds. The additional funds required in the immediatepreceding sentence shall be fimded Ii-om the proceeds <strong>of</strong> the Additional Bonds or asotherwise allowed by Section 19(b)(ii).(iii) Adjust the maximum amounts to be deposited annually into the 2012Depreciation Fund and the 2012 Contingent Fund, taking into account the futurereplacement cost <strong>of</strong> the facilities and equipment to be constructed or acquired with theproceeds <strong>of</strong> such Additional Bonds, by depositing into said funds on the first BusinessDay <strong>of</strong> each month, commencing in the first month after the delivery <strong>of</strong> such AdditionalBonds, such amount, if any, <strong>of</strong> the balance remaining after making the deposits underclauses (i) and (ii) above (or the entire balance if less than the required amount) as isrequired by the resolution under which such Additional Bonds are issued.I(d) The <strong>City</strong> shall have the right to call, subject to the call provisions <strong>of</strong> the respectiveBond series, any or all outstanding Bonds which may be called at par prior to calling any Bondsthat are callable at a premium. If it is provided in any subsequently issued series <strong>of</strong> AdditionalBonds secured by a parity lien on Net Revenues that excess moneys in the 2012 Bond andInterest Fund shall be used to redeem bonds in advance <strong>of</strong> scheduled maturity or if the <strong>City</strong>, at itsoption, undertakes to redeem outstanding Bonds in advance <strong>of</strong> scheduled maturity, it is agreedand understood that:(i) calls <strong>of</strong> or prepayment on Bonds will apply to each series <strong>of</strong> Bonds on anequal pro rata basis (retlecting the proportion <strong>of</strong> the original amount <strong>of</strong> each series <strong>of</strong>Bonds outstanding at the time <strong>of</strong> snch call); and(ii) calls <strong>of</strong> Bonds for each Bond series will be in accordance with the callprovisions <strong>of</strong> the respective Bond series.26


440MINUTE.BOQK No. ~3,. CITY O~ OXFORD(e) J he Cdr may 'SS'Je hr:u-vls-J'-IU!Of and -subordl-na!e--to-the Senes----~~~any Additional Bonds at any time. provided that the issuance <strong>of</strong> such bonus does not violate anycovenant <strong>of</strong> the <strong>City</strong> concerning any <strong>of</strong> its then outstanding Series 2012 Bonds.SECTION 27. (a) The provisions <strong>of</strong> this Bond Resolution shall constitute a contracbetween the <strong>City</strong> anu the Registered Owners from time to time <strong>of</strong> the Series 2012 Bonds. analter the issuance <strong>of</strong> the Series 2012 Bonds no material modification or amendment to this BonResolution or <strong>of</strong> any resolution amendatory here<strong>of</strong> or supplemental hereto shall be maue in anlIlanner except upon written consent <strong>of</strong> the Registered Owners <strong>of</strong> at least sixty-five percen(65%) in principal amount <strong>of</strong> the Series 2012 Bonds then outstanding.I(b) Any and all mouification or alterations made in the manner hereinabove provideshall not become effective until the required consents shall have heen filed with the Clerk.(c) No mouilications or alterations to this Bond Resolution shall ex tend the maturity·<strong>of</strong> or reuuce the interest rate on or otherwise alter or impair the obligation to pay the principal ;ror the interest on any <strong>of</strong> the Series 2012 Bonds at the time and place and at the rate and in thecurrency as provided herein. without the express consent <strong>of</strong> the Registered Owner <strong>of</strong> any <strong>of</strong> sue!'Series 2012 Bonds, nor reduce the percentage <strong>of</strong> the Series 2012 Bonds required for thaftinnative vote or written consent to a modification or alteration, nor alter or impair thcovenants set forth in Sections 22, 23 and 25 here<strong>of</strong>.ISECTION 28. The Series 2012 Bonds shall be payable equally and ratably. wi thouregard to the date when the Series 2012 Bonds actually shall be delivered anu shall enjoy parit •<strong>of</strong> lien. one with the other, upon Net Revenues and with the Water/Sewer Bonds.'SECTION 29. Principal proceeds received from the sale <strong>of</strong> the Series 2012 Bonds plu~the certain amounts transferred from the funus and accounts for the Prior Bonds, if any. and suchother amounts as may be contributeu by the <strong>City</strong>, less amounts depositeu to the 2012 DebtService Resen'e Funu. shall be deposited with the Escrow Trustee in the Escrow Account and theCost <strong>of</strong> Issuance Account (as such terms are defined in the Escrow Agreement) created pursuantto the Escrow Agreement. A portion <strong>of</strong> the proceeds orthe Series 2012 Bonds shall be uepositeclin the Cost <strong>of</strong> Issuance Account and used by the Escrow Trustee to pay all fees and expenseSincluuing those <strong>of</strong> Bond Counsel. <strong>City</strong> Counsel, financial Auvisor. Paying Agent and Esc\'()\iTrustee fees and expenses, premiums, cOlllmissions anu all other fees anu expenses incurred bthe <strong>City</strong> in connection with the authorization. issuance, sale, valiuation anu delivery <strong>of</strong> the Serie,2012 Bonds. Said costs <strong>of</strong> issuance expenses as approved by the Mayor are hereby authorizeu tbe paid at Closing without further authorization or approval <strong>of</strong> the Governing Bouy. The balanc<strong>of</strong> the proceeds <strong>of</strong> the Series 2012 Bonds shall be deposited in the Escrow Account and used bthe Escrow Trustee for the payment <strong>of</strong> the principal anu interest on the Refunueu Bonus as suchhecomes due and payable anu. upon redemption or maturity there<strong>of</strong>. the principal <strong>of</strong>, premium. ifallv. and interest on the Refunded Bonds. The Clerk is herebv directed to transfer lillill the luncHand accounts for the Prior Bonds to the Escrow Account or'the appropriate funds and accountttor the Senes 2012 Bonds, such amounts as Bond Counsel and the Fmanclal AdVisor shall ueenalawful anu appropriate. :1lSECTION 30. The <strong>City</strong> hereby irrevocably elects anu uirects that the RetLltIued Bond .shall be paid and reueemeu on the Reuemption Date and at the Redemption Price as morparticularly set forth in Exhibit A hereto anu in the Bonu Purchase Agreement. The Clerk'fShereby authorized and directed to give notice <strong>of</strong> such redemption to the applicable Prior PayinAgent. and such Prior Paying Agent is hereby authorized and uirected to provide notice <strong>of</strong> theredemption <strong>of</strong> the Refunded Bonds to the holders <strong>of</strong> such Refunued Bonus.SECTION 31. (a) The Registered Owner <strong>of</strong> any <strong>of</strong> the Series 2012 Bonds may. by sui,.action. mandamus or other proceedings at law or in equity, enforce and compel performance b·the appropriate <strong>of</strong>ficial or <strong>of</strong>ficials <strong>of</strong> the <strong>City</strong>. <strong>of</strong> any or all ac~s and uuties to be performed by tl~<strong>City</strong> under the provisions <strong>of</strong> the Act anu <strong>of</strong> tlllS Bonu Resoluhon.III(b)Each <strong>of</strong> tile following constitutes all event <strong>of</strong> default under this Bond Resolution:!1(i)time required:failure by the <strong>City</strong> to pay any installment <strong>of</strong> principal <strong>of</strong> any Bond at tile27


441lMINI4Il; ijQ~ ~~ ~~'irCjit~lQfing~J~~Qonc\,~tN\\l~IDIAN"02"ltme reqlnred;(iii) failure by the <strong>City</strong> to perform or observe any other covenant, agreement orcondition on its part contained in this Bond Resolution or in the Series 2012 Bonds, andthe continuance there<strong>of</strong> for a period <strong>of</strong> sixty (60) days after written notice there<strong>of</strong> to the<strong>City</strong> by the Registered Owners <strong>of</strong> not less than ten percent (10%) in principal amount <strong>of</strong>the then outstanding Bonds; orI(iv) tiling by the <strong>City</strong> <strong>of</strong> a petition seeking a compositIon <strong>of</strong> indebtednessunder the federal bankruptcy laws, or under any other applicable federal or state law.(c) If there be any default in the payment <strong>of</strong> the principal <strong>of</strong> and interest on the Series2012 Bonds, any court having jurisdiction in the proper actiull lIIay, upon petition <strong>of</strong> theRegistered Owners <strong>of</strong> a majority in principal amount <strong>of</strong> the Series 2012 Bonds then outstanding,appoint a receiver to administer and operate the System with power to tlx rates and collectcharges sufficient to provide for the payment <strong>of</strong> the Series 2012 Bonds and to pay the expense <strong>of</strong>operating and maintaining the System in conformity with the provisions <strong>of</strong> the Act and <strong>of</strong> thisBond Resolution.SECTION 32. At least five (5) days prior to the due date there<strong>of</strong>, the Clerk shall remit tuthe Paying Agent the sum or sums then becoming due as interest, or principal and interest, on theSeries 2012 Bonds, plus the sum then due as the charges <strong>of</strong> the Paying Agent for its services andresponsibilities under the terms <strong>of</strong> this Bond Resolution, which charges shall be expenses <strong>of</strong>operation and shall be charged to and payable 11"0111 the Operation and Maintenance Fundreferred to in Section 19 <strong>of</strong> this Bond Resolution.ISECTION 33. As authorized by the Act, the Series 2012 Bonds shall be submitted tovalidation in the Chancery Court <strong>of</strong> Lafayette County, Mississippi, in the manner and with theforce and etTect provided by Sections 31-13-1 et seq., Mississippi Code <strong>of</strong> 1972, as amended,and to that end a certifIed transcript <strong>of</strong> all proceedings and other documents relating to the saleand issuance 0 f the Series 2012 Bonds forthwith shall be prepared and forwarded to the State'sBond Attorney by Bond Counsel and the Clerk.SECTION 34. (a) If the <strong>City</strong> shall payor cause to be paid to the Registered Owners <strong>of</strong>the Series 2012 Bonds the principal ot: premium, if any, and interest to become due with respectthereto at the times and in the manner stipulated therein and herein, and if the <strong>City</strong> shall keep,perform and observe all and singular the covenants and promises in the Series 2012 Bonds and inthis Bond Resolution expressed as to be kept, performed and observed by it or on its part andshall payor cause to be paid to the Paying Agent all sums <strong>of</strong> money due or to become dueaccording to the provisions here<strong>of</strong>, then the rights <strong>of</strong>lhe Registered Owners under the Resolutionshall cease, determine and be void, and thereupon the lien <strong>of</strong> this Bond Resolution on NetRevenues shall be defeased, cancelled and discharged.I(b) All Series 2012 Bonds for the payment or redemption <strong>of</strong> which sufficient monies,or, to the extent permitted by the laws <strong>of</strong> the State, (a) direct obligations <strong>of</strong>, or obligations thepayment <strong>of</strong> the principal <strong>of</strong> and interest on which are unconditionally guaranteed by, the UnitedStates <strong>of</strong> America ("Government Obligations"), or (b) certificates <strong>of</strong> deposit or other securitiesfully secured by Government Obligations, or (c) evidences <strong>of</strong> ownership <strong>of</strong> proportionateinterests in future interest or principal payments on Government Obligations held by a bank ortrust company as custodian, under which the owner <strong>of</strong> the investment is the real party in interestand has the right to proceed directly and individually against the obligor on the GovernmentObligations and which Government Obligations are not available to satisfy any claim <strong>of</strong> thecustodian or any person claiming through the custodian or to whom the custodian inay beobligated, or (d) municipal obligations, the payment <strong>of</strong> the principal ot~ interest ancl premiulll, ifany, on which are irrevocably secured by Government Obligations and which GovernmentObligations are not subject to redemption prior to the date on which the proceeds attributable tothe principal <strong>of</strong> such obligations are to be used and have been deposited in an escrow accountwhich is irrevocably pledged to the payment <strong>of</strong> the principal <strong>of</strong> and interest and on suchmunicipal obligations (all <strong>of</strong> which collectively, with Government Obligations, are hereinaftercalled "Defeasance Securities"), shall have been deposited with an escrow agent appointed forthe purpose in trust for the owners thereot~ which may be the Paying and Transfer Agent,28


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,443SECTIMIN.l~;rJ;·ragQKLNtg~, a~~J~;;r;¥ ~fssQl


444r=~~~MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61·226IEXHIBIT AREFUNDED BONDSII


,MINUTE BOOK$Nol,I6S, CITY OF OXFORD(6R1tJINAL I'ItINCIPAL AM6UNT)CITY OF OXFORD, MISSISSIPPIWATER AND SEWER SYSTEM REVENUE BONDS SERIES 2003DATED DECEMBER 1, 2003445DEMENT-MERIDIAN 61·0226.•...•. ~IPaying Agent: The Peoples Bank, Biloxi, MississippiPayment Dates: June 1 and December 1Outstanding Amount: $1,135,000Maturity Interest Principal RedemptionDate Rate Amount Price12/1/2014 3.800% $ 95,000 100%12/1/2015 3.875 100,000 10012/1/2016 3.900 100,000 10012/1/2017 4.000 105,000 10012/1/2018 4.000 110,000 10012/1/2019 4.100 115,000 1001211/2020 4.200 120,000 1001211/1021 4.100 125,000 10012/1/2022 4.000 130,000 10012/1/2023 4.000 135,000 100II


446rc===~~~~~MINUTE BOOK No. ~8(~~IoY OF OXFORD.. ~... ~. ~.. ~.~. -.~ .. --.... -.-~--------== .(ORIGINAL PRINCIPAL AMOUNT)CITY OF OXFORD, MISSISSIPPIWATER AND SEWER SYSTEM REVENUE BONDS SERIES 20()4DATED NOVEMBER 1,2004DeMeNT"eR"""''''Paying Agent: First National Bank <strong>of</strong> Clarksdale, Clarksdale, MississippiPayment Dates: May 1 and November 1Outstanding Amount: $1,115,000Maturity Interest Principal RedemptionDate Rate Amount Price11/1/2015 4.000% $ 90.000 100%111112016 3.875 95.000 1001111/2017 3.900 95.000 10011/1/2018 4.000 100.000 10011/1/2019 4.100 110.000 100111112020 4.125 115.000 10011/1/2021 4.250 120.000 1001111/2022 4.250 125,000 10011/1/2023 4.375 130.000 10011/1/2024 4.500 135,000 100III


34 447MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226EXIIIDIT DDONI) PURCHASE AGREEMENTIII


448 35MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORD~~~~~. _~~~~DeM~eN'~Me~RIDI~'N6~j-226F" . IiExmllITCPRELIMINARY OFFICIAL STATEMENTIII


,36 449MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226EXHIBIT DESCROW AGREEMENTIREZONING:This was the public hearing and second reading <strong>of</strong>the proposed rezoning <strong>of</strong> property located betweenIlwy 7 South and South Lamar from RA to RC.Tim Akers asked the Planning Commission minutesand letters received become part <strong>of</strong> the fileregarding the rezoning case. The PlanningCommission denied the rezoning.IKenny Coleman came before the Mayor and Board<strong>of</strong> Aldermen to request the property be rezonedfrom RA to RC. Mr. Coleman has tried to continuethe development as RA. He says he wasunsuccessful to receive any interest from buildersbecause <strong>of</strong> the economic climate. lIe discoveredthe rental market was <strong>of</strong> the greatest demand. Heconducted a study <strong>of</strong>the top ten apartment rentalsand based on this study, he says there is a need foradditional apartments in this area. A total <strong>of</strong> 2280apartment units were surveyed and only one wasavailable for rental. He said there would not be anaccess point between the proposed RC developmentand the current Windsor Falls subdivision.Mark McAnally with Windsor ralls neighborhoodhomeowners association stated their neighborhoodhad three concerns.I) The character <strong>of</strong> theneighborhood has not changed. Theproposed apartments do not fit within thecharacter <strong>of</strong> the neighborhood.I2) The amount <strong>of</strong> increasedtraffic on South Lamar would bedramatically increased.3) They don't believe a need ttl[the rezoning has been proved by thedeveloper. There are acres already zoned RCwithin the <strong>City</strong>.


4501-MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61·226Tim Akers stated the reasons for rezoning. Onereason is if there is pro<strong>of</strong><strong>of</strong>a mistake in the originalzoning. This does not apply to this property. Thesecond reason for rezoning is the character <strong>of</strong> theneighborhood has changed and there is a publicneed for rezoning.Bill Wobbly, who lives at 210 Powers Drive, SouthOaks, stated their neighborhood was not in favor <strong>of</strong>the proposed rezoning. He doesn't believe thatthere has been a change in the neighborhood tdrenect the need for rezoning. lie also is worried itwould decrease the property values in hisneighborhood. There are 390 acres already zoned aslllulti-family in the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>.Kerry Nichols with the North Mississippi RegionalCenter came before the Mayor and Board to raiseconcerns about the amount <strong>of</strong> increased traffic thatwould occur with the proposed development.Christina Davis, Ridgeland I leights neighborhoodsubdivision association president, came before theMayor and Board <strong>of</strong> Aldermen. They have eightyhomes in their neighborhood. She mentioned apossible increased erosion problem that could occurif the rezoning occurred. There were a number <strong>of</strong>people in the audience would were here inopposition <strong>of</strong> the proposed rezoning.The third reading and vote will be at the next boardmeeting.37IIREZONING:BURNS CIIIJRCH:OUT BUSES:PROCLAMAJlON:This was the second reading and public hearing <strong>of</strong>the proposed rezoning <strong>of</strong> property located south <strong>of</strong>IIighway 6 West from RC to GI3 and NB. TimAkers asked the Planning Commission minntes bepart <strong>of</strong> the file. This rezoning was approved by thePlanning Commission. There was no commentmade frolll the public.It was moved bv Alderman I lowell. seconded byAlderman Taylor to authorize the advertisement forPhase II <strong>of</strong> the Burns Church Renovation. All thealdermen voting aye. Mayor Patterson declared themotion carried.It was moved by Alderman Antollow, seconded byAlderman I3ailey to authorize the purchase <strong>of</strong> threeNova Low Floor buses from Charlotte Area Transitfor $14,400.00. All the aldermen voting aye, MayorPatterson declared the motion carried.It was moved by Alderman Morgan. seconded byAlderman Bailey to adopt the Proclamationannouncing October 22-26,2012 as Spirit's Week.All the aldermen voting aye, Mayor Pattersondeclared the motion carried.I


,451city<strong>of</strong>oxfordMINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226I~AYORAL PROCLAMATIONWHEREAS the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, has an interest in promoting the historicalknowledge <strong>of</strong> its citizens and visitors; andWHEREAS to know the past is to better understand the present and to be able to betteraffect the future; andWHEREAS the Cedar Oaks Guild, composed <strong>of</strong> gracious ladies who have dedicatedthemselves to the preservation and restoration <strong>of</strong> the "House that would not die," have thisyear collaborated with Theater <strong>Oxford</strong> to produce the 4th production <strong>of</strong> "Spirits <strong>of</strong> <strong>Oxford</strong>";andWHEREAS these two organizations have reincarnated outstanding, interesting, andinfamous citizens from <strong>Oxford</strong>'s glorious past, prepared dramatic monologs for them andcostumed them in attire becoming their era; andWHEREAS these long-dead citizens will be found strolling around the Square, in and out <strong>of</strong>restaurants who'll be <strong>of</strong>fering "Spirits Specials" during the week, visiting Civic Clubs, andappearing on Thacker Mountain Radio; andIWHEREAS all <strong>of</strong> these spirits will appear together for two performances in St. Peter'sCemetery on Friday, October, 26, for the enlightenment and erudition <strong>of</strong> the audiences, thushelping us all to better know and understand <strong>Oxford</strong>'s past;NOW, THEREFORE, DO I, Pat Patterson, Mayor <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, proclaim October 22 _26,2012In the city <strong>of</strong> <strong>Oxford</strong>, Mississippi.SPIRITS OF OXFORD WEEKSigned this 16 th day <strong>of</strong> October, 2012Pat Patterson, Mayor<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>107 Court House Square<strong>Oxford</strong>, Mississippi 38655 662-236-1310ISTREET CLOSING:It was moved by Alderman Antonow, seconded byAlderman Williams to authorize Avent Streetclosing on October 26, 2012 li'om 6:00 - 10:00 p.m.for the Spirits <strong>of</strong> <strong>Oxford</strong>. All the aldermen votingaye, Mayor Patterson declared the motion carried.


___ , _______________ _452 39MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226ORDINANCE 2012-9:ORDINANCE 2012-10:MS RURAL WATERASSOCIATION:CONSULTANT:SURPLUS:ELECTRIC BILLING:It was moved by Alderman Antonow. seconded byAlderman Oliver to adopt Ordinance 2012-9. "ANORDINANCE AMENDING APPENDIX A.ARTICLE 7. SECTION 201, 20L09 OF THECODE or ORDINANCES or THE ClTY OFOXFORD, MISSISSIPPI TO CIIANGEREQUIRED MINIMUM PARKING SPACESIZE." Said ordinance is recorded in <strong>Book</strong> 8 <strong>of</strong> theCode <strong>of</strong> Ordinances. All the aldermen voting aye,Mayor Patterson declared the motion carried.It was moved by Alderman Oliver, seconded byAlderman Antonow to adopt Ordinance 2012-10,"AN ORDINANCE AMENDING APPENDIX A,ARTICLE 9, SECTION 230, LANDDEVELOPMENT CODE, THE CODE OFORDINANCES or THE ClTY OF OXFORD.MISSISSIPPI." Said ordinance is recorded in <strong>Book</strong>8 <strong>of</strong> the Code <strong>of</strong> Ordinances. All the aldermenvoting aye, Mayor PattersOll declared the motioncarried.It was moved by Alderman Williams, seconded byAlderman Taylor to authorize permission for aWastewater Treatment Plant Operator to attend MSrural Water Association fall training in Batesville.MS on October 16-18.2012 with a cost <strong>of</strong>$I25.00.All the aldermen voting aye, Mayor PattersOlldeclared the motion carried.It was moved by Alderman Taylor, seconded byAlderman Williams to authorize the hiring <strong>of</strong> aconsultant, Karen Green, from Ross & Yeagerregarding health insurance. All the aldermen votingaye, Mayor Patterson declared the motion carried.It was moved by Alderman Howell, seconded byAlderman Williams to authorize two ElectricDepartment trucks surplus and advertise ongovdeals.com. All tIle aldermen voting aye, MayorPatterson declared the Illotion carried.Rob Neely came before the Mayor and Board <strong>of</strong>Aldermen to request an adjustment on the billing forthe old Whirlpool property to the University <strong>of</strong>Mississippi. The University purchased theWhirlpool property and the demand on the accountwas not changed nor was the power contractupdated. Mr. Neely feels the Electric Departmentowes the University this relun"It was moved by Alderman Morgan. seconded byAlderman Bailey to authorize an adjustment to theUniversity <strong>of</strong> Mississippi's bill at 927 WhirlpoolDrive in the amount 0[$34,795.1 L All thealdermen voting aye, Mayor Patterson declared thell10ti on carried.III


Customer:location ID:Address:University <strong>of</strong> Mississippi206177927 Whirlpool DriveMINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-02264531Month Year (KW)nuary 2011 146400bruary 2011 55200archpril201120112880019200mount(KW) (3500 KWI (500KWI427.2 $ 22,085.57 $ 14,095.95460.8 $ 16,247.92 $ 9,119.8040.8 $ 14,916.98 $ 3,643.0340.8 $ 11,232.46 $ 2,829.04Differenc I$ 7,98 .62$ 7,12 .. 12$ 11,27 .95$ 8,40 .42IANIMAL CONTROLORDINANCE:TOTALThis was the first reading <strong>of</strong> a proposed change tothe Animal Control Ordinance. The amendment tothe ordinance would require animals to besurrendered at the shelter. In cases <strong>of</strong> extremehardship the animal control <strong>of</strong>ficer may pick up ananimal at the home <strong>of</strong> the owner, if requested by theowner. The second reading and public hearing willbe held at the next meeting.$ 34,79 .11TRAINING:It was moved by Alderman Taylor, seconded byAlderman I-lowell to approve Donavan Lyons toaHend training at Tupelo Police Academy with acost <strong>of</strong> $900.00. All the aldermen voting aye,Mayor Patterson declared the motion carried.IPROMOTION:It was moved by Alderman Howell, seconded byAlderman Williams to authorize the promotion <strong>of</strong>Michael Brown li·om part time to full time in theSanitation Department with a new salary <strong>of</strong>$23,537.86. All the aldermen voting aye, MayorPatterson declared the motion carried.PROMOTION:It was moved by Alderman Antonow, seconded byAlderman Howell to authorize the promotion <strong>of</strong>Chris Robertson from lieutenant to captain in thePolice Department with a new salary <strong>of</strong> $50,945.12.All the aldermen voting aye, Mayor Pattersondeclared the Illotion carried.ADVERTISE:It was moved by Alderman Bailey, seconded byAlderman Morgan to authorize the advertisement <strong>of</strong>full time laborer in the Building & GroundsDepartment. All the aldermen voting aye, MayorPatterson declared the motion carried.IEMPLOYMENT:ADA COORDINATOR:It was moved by Alderman Howell, seconded byAlderman Bailey to authorize the employment <strong>of</strong>Wililiam McCuiston as an apprentice lineman witha salary <strong>of</strong>$37,408.34 and Dustin Kannada as anapprentice linemen with a salary <strong>of</strong> $31,328.89 withthe Electric Department. All the aldermen votingaye, Mayor Patterson declared the motion carried.It was moved by Alderman Antonow, seconded byAlderman Williams to authorize a contract withJudy Petit as part time ADA coordinator for fifteenhours a week for one year with a rate <strong>of</strong> $20.00 perhour. All the aldermen voting aye, Mayor Pattersondeclared the motion carried.EXECUTIVE SESSION:It was moved by Alderman Howell, seconded byAlderman Bailey to consider executive session for


454 41cr~~~~~~~-MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226one personnel issue, one contract and one potentiallitigation issue. All the aldermen present voting aye,Mayor Patterson declared the motion carried.It was moved by Alderman Howell, seconded byAlderman Bailey to go into executive session. Allthe aldermen present voting aye, Mayor Pattersondeclared the motion carried.IREGULAR SESSION:BELK CONTRACT:It was moved by Alderman Morgan, seconded byAlderman Oliver to come out <strong>of</strong> executive sessionand return to regular session. All the aldermenpresent voting aye, Mayor Patterson declared themotion carried.Bart Robinson and Pope Mallette presented theboard with two options [or the purchase <strong>of</strong> (he Belkproperty. The options were related to the portion orthe building, the old Oasis building, and who wouldbe responsible for partial demolition.EMPLOYMENT:ADJOURN:It was moved by Alderman Bailey, seconded byAlderman Antonow to authorize the purchaseagreement with Belk properties, r()lIowing OptionA All the aldermen voting aye, Mayor Pattersondeclared the motion carried.The Board was told that Officer AIm had a priorobligation for military service because <strong>of</strong> priorROTC involvement. fIR Director told Board hehad recently seen a copy <strong>of</strong> Orders showing thatOfficer Aim received a cOlllmission in May 2012,and that he reported lor duty for one day onSeptember 23, 2012, and was told to report back inearly 2013 because <strong>of</strong> his physical condition as aresult <strong>of</strong> an accident. Based on this newinformation, and on Ol1icer Aim's request to bereemployed, it was moved by Alderman Antonow,seconded by Alderman Oliver (0 allow OrricerDavid AIm (0 return to work for the <strong>City</strong> o[ <strong>Oxford</strong>,duties to be determined by the Human ResourceDirector, consistent with any physical limitationsthat might still be present. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried.It was moved by Alderman Antonow, seconded byAlderman Howell to adjourn the meeting sine-die.All the aldermen present voting aye, MayorPatterson declared the motion carried.II(./\::/ ---, -.!(/.. L-.. XI' '/' iCy' /~ .~~ ~fLd'_Lisa Carwyle, <strong>City</strong> Clerk


I 455MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226UNITED STATES OF AMERICASTATE OF MISSISSIPPIICOUNTY OF LAFAYETTECITY OF OXFORDREGULAR MEETINGOctober 16, 20126:00 p.m.CALL TO ORDER:The meeting <strong>of</strong> the Mayor and Board <strong>of</strong> Aldermen<strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, was called toorder by Mayor Patterson at 6:00 p.m. on Tuesday,October 16, 2012, in the court room <strong>of</strong> <strong>City</strong> Hallwhen and where the following were present:George G. Patterson - MayorNey Williams- Alderman Ward IE.O. Oliver- Alderman Ward IIJanice Antonow- Alderman Ward IIIUlysses Howell- Alderman Ward IVPreston Taylor- Alderman Ward VJason Bailey- Alderman Ward VIJohn Morgan- Alderman at Large- absentIMayo Mallette PLLC - Of CounselBart Robinson- Director <strong>of</strong> Public WorksLisa Carwyle- <strong>City</strong> ClerkTim Akers - Dir <strong>of</strong> PlanningMike Martin- Chief <strong>Oxford</strong> Police DeptCary Sallis- Chief <strong>of</strong> Fire DeptEddie Anderson- Dir. <strong>of</strong> SanitationAl Hope- Dir <strong>of</strong> Human ResourcesRandy Barber- Director <strong>of</strong> BuildingBilly Lamb- Supt. <strong>of</strong> Bldg & GroundsRob Neely- Supt. <strong>of</strong> Electric DepartmentAGENDA:It was moved by Alderman Howell, seconded byAlderman Bailey to adopt the agenda for themeeting. All the aldermen present voting aye,Mayor Patterson declared the motion carried.MAYOR'S REPORT:I


I456 2MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61 -226;c==="~~~~~MINUTES:ACCOUNTS:CITY RIGHT-OF-WAY:LOADING ZONE:REZONING REQUEST:ORDINANCE 2012-11:PROFESSIONAL SERVICES:ORDINANCE:It was moved by Alderman Antonow, seconded byAlderman Williams to adopt the minutes <strong>of</strong> thespecial meeting on October 2, 2012. All thealdermen present voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Howell, seconded byAlderman Bailey to approve the payment <strong>of</strong> allaccounts for the <strong>City</strong>. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried.Michael Turner came before the Mayor and Board<strong>of</strong> Aldermen to discuss his need for a sign at abuilding he owns at 829 North Lamar. He wants toplace his sign on <strong>City</strong> right-<strong>of</strong>-way. MayorPatterson asked him to work with Building Official,Randy Barber, for a resolution <strong>of</strong> how he can fit asign on his own property.Bradley Bishop came before the Mayor and Board<strong>of</strong> Aldermen to request permission to reserve theloading zone directly behind the Lyric on Thursday,October 18,2012 from 11 :00 a.m. to 5:00 p.m.After discussion the Mayor asked the Board to givehim and Bart Robinson permission to work out asolution with the Lyric.This was the third reading and vote <strong>of</strong> rezoning <strong>of</strong>property located between Hwy 7 South and SouthLamar from RA to RC. There was no motion madeby the Board <strong>of</strong> Aldermen.It was moved by Alderman Taylor, seconded byAlderman Antonow to adopt Ordinance 2012-11,"AN ORDINANCE AMENDING THE OFFICIALZONING OF THE CITY OF OXFORD,MISSISSIPPI, 2004, SO THAT CERTAINPROPERTY LOCATED ON THE SOUTH SIDEOF HIGHWAY 6 WEST ON RICKY D. BRITTBOULEVARD FROM RC (MUL TIF AMIL YRESIDENTIAL TO (GB) GENERAL BUSINESSDISTRICT AND (NB ) NEIGHBORHOODBUSINESS DISTRICT." Said Ordinance isrecorded in <strong>Book</strong> 8 <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> Code <strong>of</strong>Ordinances. All the aldermen present voting aye,Mayor Patterson declared the motion carried.It was moved by Alderman Antonow, seconded byAlderman Bailey to approve the procurement <strong>of</strong>pr<strong>of</strong>essional services to update <strong>Oxford</strong> UniversityTransit's Title VI Program. Slaughter & Associateswill perform the work for an amount not to exceed$2,500.00. All the aldermen present voting aye,Mayor Patterson declared the motion carried.This was the first reading <strong>of</strong> a proposed amendmentto the ordinance amending Section 54-26, CriteriaIII


3 457MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226for the Issuance <strong>of</strong> a Certificate <strong>of</strong> Appropriatenessand Section 54-30, Demolition by Neglect.ISURPLUS PROPERTY:Vehicle1994 Caterpillar D6E Bulldozer1994 JCB Backhoe2007 Dodge Ram 25002003 GMC Yukon2007 Ferris Zero Turn Mower2001 Opus Transit Bus #16012001 Opus Transit Bus #16051992 Ford F-1501994 Ford F-150It was moved by Alderman Howell, seconded byAlderman Williams to declare two <strong>Oxford</strong>University Transit buses surplus and authorizeadvertisement on GovDeals.com. All the aldermenpresent voting aye, Mayor Patterson declared themotion carried.Serial #Department2MJOl7459Solid WasteSLP2145CE0432052 StreetID7KS28D47J518662 NarcoticsI GKEC!32X3J287170 Narcotics2000<strong>63</strong>1618 WWTPI C9B5BFS II W535040 TransitIC9B5BFS91W535044 TransitIFTDFI5NONNA94661 ElectricIFTDFI5YORLB49749 ElectricIORDINANCE AMENDMENT:SURPLUS PROPERTY:SOCCER FIELD LIGHTING:CSA FALL WORKSHOP:This was the first reading <strong>of</strong> proposed ordinanceamendment regulating handicapped parking andparking enforcement. The second reading and votewill be held at the next board meeting.It was moved by Alderman Williams, seconded byAlderman Howell to declare the following vehiclessurplus and advertise for sale on GovDeals.com.All the aldermen present voting aye, MayorPatterson declared the motion carried.It was moved by Alderman Taylor, seconded byAlderman Bailey to approve Dalh<strong>of</strong>fThomas'sdesign proposal for soccer field lighting in theamount <strong>of</strong>$7,160.00. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried.It was moved by Alderman Taylor, seconded byAlderman Antonow to authorize two employees toattend CSA Fall Workshop in Tupelo, MS onNovember 13,2012 at no cost to the <strong>City</strong>. All thealdermen present voting aye, Mayor Pattersondeclared the motion carried.IOED ANNUAL AUDIT REPORT: It was moved by Alderman Howell, seconded byAlderman Bailey to accept the <strong>Oxford</strong> ElectricDepartment Annual Audit report. All the aldermenpresent voting aye, Mayor Patterson declared themotion carried.ADVERTISE:It was moved by Alderman Howell, seconded byAlderman Williams to authorize the advertisementfor an 150KV 600 AMP Switchgear. All thealdermen present voting aye, Mayor Pattersondeclared the motion carried.


458 4MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61 ·226- --- --- ----------_.IORDINANCE 2012-:It was moved by Alderman Antonow, seconded byAlderman Bailey to adopt Ordinance 2012-12. "'ANORDINANCE ADDING CHAPTER 18, ARTICLEII, SECTION 47 OF THE CODE OFORDINANCES OF THE CITY OF OXFORD,MISSISSIPPI ANIMALS AND FOWL, CITYANIMAL SHELTER ORDINANCE." Saidordinance is recorded in <strong>Book</strong> 8 <strong>of</strong> the <strong>City</strong> <strong>of</strong><strong>Oxford</strong> Code <strong>of</strong> Ordinances. All the aldermenpresent voting aye, Mayor Patterson declared themotion carried.I2012 INTERNATIONALRESIDENTIAL CODE:CLEANING OF PROPERTY:LEADERSHIP CONFERENCE:RESERVE OFFICER:MAGI TRAININGCONFERENCE:WOMEN'S AWARENESSAND RESPONSEINSTRUCTOR COURSE:It was moved by Alderman Bailey, seconded byAlderman Williams to authorize a buildinginspector and two fire inspectors to attend a trainingcourse in Hernando, MS on November 2,2012 onthe transition to the 2012 International ResidentialCode with a cost <strong>of</strong> $300.00. All the aldermenpresent voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Howell, seconded byAlderman Antonow to authorize the <strong>City</strong> to cut thegrass on parcelI35E-16-01O at 1006 Molly BarrRoad. The cost <strong>of</strong> the cleaning will be assessed totheir property taxes. All the al dermen presentvoting aye, Mayor Patterson declared the motioncarried.It was moved by Alderman Howell, seconded byAlderman Taylor to approve the court clerk toattend a Leadership Conference in Gulfport, MS onNovember 7-9, 2012 at no cost to the <strong>City</strong>. All thealdermen present voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Bailey, seconded byAlderman Howell to approve George E. Jackson asa reserve <strong>of</strong>ficer. All the aldermen present votingaye, Mayor Patterson declared the motion carried.It was moved by Alderman Williams, seconded byAlderman Bailey to approve five <strong>of</strong>ficers to attendMAGI Training Conference in Biloxi, MS onNovember 13-16, 2012 with a cost <strong>of</strong> $2,222.00.All the aldermen present voting aye, MayorPatterson declared the motion carried.It was moved by Alderman Antonow, seconded byAlderman Taylor to approve training for two<strong>of</strong>ficers to attend Women's Awareness andResponse Instructor Course on November 29-30,2012 in Flowood, MS at a cost <strong>of</strong>$800.00. All thcaldermen present voting aye, Mayor Pattersondeclared the motion carried.II


,5 459MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61·0226IIITAXI DRIVER PERMITS:PROMOTION:EXECUTIVE ASSISTANT:EXECUTIVE ASSISTANT:INTERVIEW COMMITTEE:EXECUTIVE SESSION:REGULAR SESSION:SUSPENSION:It was moved by Alderman Bailey, seconded byAlderman Howell to approve Joshua Brewer,Hamilton Vose and Preston Coleman for taxi driverpermits. All the aldermen present voting aye,Mayor Patterson declared the motion carried.lt was moved by Alderman Antonow, seconded byAlderman Bailey to authorize the promotion <strong>of</strong>Bridgette Frierson to Communication Supervisorwith a salary <strong>of</strong> $33,017.06. All the aldermenpresent voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Howell, seconded byAlderman Bailey to authorize the employment <strong>of</strong>Megan Prescott as Executive Assistant in the PoliceDepartment with a salary <strong>of</strong> $36,078.64. All thealdermen present voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Antonow, seconded byAlderman Taylor to authorize the employment <strong>of</strong>Jackie Norris as Executive Assistant in the BuildingDepartment and Planning & Zoning Departmentwith a salary <strong>of</strong>$31 ,121. 75. All the aldermenpresent voting aye, Mayor Patterson declared themotion carried.Mayor Patterson discussed the process for the hiring<strong>of</strong> a new police chief. Chief Mike Martin is retiringJanuary 31, 2013. There will be an interviewcommittee who will then make recommendations tothe board <strong>of</strong> aldermen. The Board will theninterview the finalists.It was moved by Alderman Williams, seconded byAlderman Antonow to authorize the advertisementfor Police Chief. All the aldermen present votingaye, Mayor Patterson declared the motion carried.It was moved by Alderman Williams, seconded byAlderman Bailey to consider executive session forone personnel issue, one contract and one litigationissue. All the aldermen present voting aye, MayorPatterson declared the motion carried.It was moved by Alderman Howell, seconded byAlderman Bailey to go into executive session. Allthe aldermen present voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Howell, seconded byAlderman Bailey to come out <strong>of</strong> executive sessionand return to regular session. All the aldermenpresent voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Antonow, seconded byAlderman Bailey to follow the recommendation <strong>of</strong>


460 6MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61·226the Human Resource Director and the Police Chiefand suspend Tim Sockwell for two days withoutpay. All the aldermen present voting aye, MayorPatterson declared the motion carried.ADJOURN:It was moved by Alderman Antonow, seconded byAlderman Howell to adjourn the meeting sine-die.All the aldermen present voting aye, MayorPatterson declared the motion carried.IGeorge G. Patterson, Mayor/\ / '\:.../ .. " I " ... _./~".f .LIsa Carwyle, <strong>City</strong> ClerkII


461MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61-0226INOTICE OF SPECIAL MEETINGOF THE MAYOR AND BOARD OF ALDERMENOF THE CITY OF OXFORDPursuant to Section 21-3-21, Mississippi Code <strong>of</strong> 1972 Annotated, I, George G.Patterson, Mayor <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, do hereby call the Mayor and Board<strong>of</strong> Aldermen <strong>of</strong> <strong>Oxford</strong>, MS, to a SPECIAL MEETING to be held onIThursday, November 1, 2012 AT 11:30 A.M. for the transaction <strong>of</strong> importantbusiness. The meeting will be held in the court room <strong>of</strong> <strong>City</strong> Hall. The business to beacted upon at the Special Meeting in consideration <strong>of</strong>the following:1.2.3.4.5.6.7.8.9.Discuss proposed ordinance amendment to permit liens on privateproperty. (Katrina Hourin)Award bid for OUT Transit Facility. (Tim Akers)First reading <strong>of</strong> an ordinance correcting downtown parkingregulations. (Tim Akers)First reading <strong>of</strong> ordinance concerning street closures. (Tim Akers)Discussion <strong>of</strong> proposed bus parking ordinance. (Tim Akers)Discuss scope <strong>of</strong> work proposal for <strong>City</strong> Hall.Discuss possible road projects. (Bart Robinson)Discuss pending <strong>City</strong> projects.Consider executi ve session.This the 31st day <strong>of</strong> October 2012.II, <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, or a Deputy Clerk, do herebycertify that I have notified Alderman Ney Wi Iiams <strong>of</strong> the foregoing meetingon kz/'bl/(Y at 1.-/15' a.m.! .m-'L. ___I, <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, or a Deputy Clerk, do herebycertify that I have notified Alderman E.. iver <strong>of</strong> the foregoing meetingon l vi;;. It p... at "1 " ?--.s- a.m. .m.1, <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, or a Deputy Clerk, do hereby


462MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61·226.. ~Icertify tat I have notified Alderman Janice Antonow <strong>of</strong> the foregoing"" \'il,b-- • ~;U J? t ~. ~A&~meetingI, <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, or a Deputy Clerk, do herebycertify that I have notified ~an ~s Howell <strong>of</strong> the foregoing meeting"" lol~t\,V"' 1.',1 "TJ~~/!;L/I, <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, or a Deputy Clerk, do herebycertify that I have notified Alderman Pre Taylor <strong>of</strong> the foregoing meetingon \v h \ \ I Vat '1' ,2.5" a.m. .m.II, <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, or a Deputy Clerk, do herebycertify I have notified Alderman JjJSon Bailey <strong>of</strong> the foregoing meetingthatlon \!:>\2UV at '} /)4 a.mfjfj!lh~f!(}9 --J, <strong>City</strong> Clerk <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, or a Deputy Clerk, do herebycertify that I have notified Alderman Jo organ <strong>of</strong> the foregoing meeting. ,on \ 'o\'bI \ \ J/ at rv . d a.m./'..I~ I


4<strong>63</strong>1CALL TO ORDER:MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDPursuant to the notice <strong>of</strong> Special Meeting, theMayor and Board <strong>of</strong> Aldennen <strong>of</strong> the <strong>City</strong> <strong>of</strong><strong>Oxford</strong> did meet at 11 :30 a.m. on Thursday,November 1, 2012 in the court room <strong>of</strong> <strong>City</strong> Hallwhen and where the following were present:DEMENT-MERIDIAN 61-0226IGeorge G. Patterson- MayorNey Williams- Aldennan Ward IE.O. Oliver- Alderman Ward IIJanice Antonow- Alderman Ward IIIPreston Taylor- Aldennan Ward VJason Bailey - Aldennan Ward VIJohn Morgan - Aldennan at largeLisa Carwyle - <strong>City</strong> ClerkBart Robinson- Chief Operations OfficerTim Akers- Director <strong>of</strong> PlanningAGENDA:ORDINANCE AMENDMENT:It was moved by Alderman Williams, seconded byAlderman Bailey to adopt the agenda for themeeting. All the aldennen present voting aye,Mayor Patterson declared the motion carried.Katrina Hourin came before the Mayor and Board<strong>of</strong> Aldennen to discuss the proposed ordinanceamendments which would allow liens on privateproperty, after the <strong>City</strong> has made improvements tothe property.IIt was moved by Aldennan Morgan, seconded byAldennan Antonow to authorize the <strong>City</strong> attorney,Pope Mallette, to draft a request for an AttorneyGeneral opinion regarding the possibility <strong>of</strong> <strong>City</strong>personnel entering private property to accesspossible damage to the structure. All the aldennenpresent voting aye, Mayor Patterson declared themotion carried.I


t....1464MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226IPOPE S. MALLETTEWrit~r'~ E ail:pmalkuc@mayomallntc. mHonorable Jim HoodOffice <strong>of</strong> the Attorney GeneralPost Office Box 220Jackson, Mississippi 39205-0220Re:MeA § 39-13-15 Historic Preservation Districts Demolition by neglectIDear Attorney General Hood:Pursuant to the Mississippi Local Government Historic Preservation Law <strong>of</strong> 1978 (Miss.Code Ann. (MCA) § 39-13-1, et. seq.), the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi ("<strong>City</strong>") has enacted aHistoric Preservation Ordinance (Code <strong>of</strong> Ordinances, Section 54). This ordinance established the<strong>Oxford</strong> Historic Preservation Commission and the Courthouse Square Historic PreservationCommission, which advise the <strong>City</strong> on matters <strong>of</strong> designation and preservation and arc empoweredto oversee application and administration <strong>of</strong> the ordinance.The ordinance includes a Demolition by Neglect provision, at Section 54-30. However, thissection does not currently include authority for the <strong>City</strong> to make repairs necessary to correctdemolition by neglect on a designated structure, and allow the cost <strong>of</strong> such repairs to attach as a lienagainst the property. The <strong>City</strong> is considering an amendment to allow this procedure. The <strong>City</strong>understands that such a procedure, if approved by the Historic Preservation Division <strong>of</strong> theDcpartment <strong>of</strong> Archives and History, is available pursuant to MCA § 39-13-15 to protect a propertyin a historic district, a historic landmark or a landmark site from substantial deterioration threateningits continued stability and preservation.Based on these considerations, the <strong>City</strong> Board <strong>of</strong> Aldermen is considering proposedamendments to the Historic Preservation Ordinance that would allow its historic preservationcommissions to recommend repairs by the <strong>City</strong> necessary to correct demolition by neglect. A copy<strong>of</strong> the proposed amendment, in its current form, is attached for your information. To undertake sucha proccss the <strong>City</strong> believes that, in certain instances, it would need to have commission members,a commission architect orotherretained building pr<strong>of</strong>essional, and/or city employees and contractorsto enter properties and structures, including private dwellings, to make determinations regarding: theextent <strong>of</strong> structural deterioration, repairs necessary to correct demolition by neglect, potential costs<strong>of</strong> such repairs, and whether the <strong>City</strong> should undertake such repairs. However, the <strong>City</strong> is unsure ifit has the power and authority to enter on or into private property for these reasons, and if it doesI


l..,..j4651MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61,;)226Ihave this authority (whether implied or explicit), the source from which that authority derives, andits parameters.MCA § 39-13-IS specifically alludes to the powers given municipalities under MCA § 21-19-11(1) for adjudicating properties as a menace to the public health, safety and welfare, and forentering and cleaning <strong>of</strong> the land in certain manners by city employees or contractors. It is also <strong>of</strong>the Attorney General's previous opinion to Larry E. Clark <strong>of</strong> June 10, 200S, stating that § 21-19-11implies the power to enter property in a reasonable and necessary method and manner. However,the Clark opinion addresses only entry into the curtelage and "fenced areas"surrounding a home, forexample. In the case referenced in the Clark opinion, Bray v. <strong>City</strong> <strong>of</strong> Meridian, 723 So.2d 1200(Miss. App. 1998), the court upheld the removal <strong>of</strong> an abandoned house and debris which had beenproperly condemned as a public nuisance by court order. That opinion, therefore, may not apply toentry (especially "break" and entry, per the Clark facts) into a private, non-condemned dwelling.IAlso, under State law the enumerated and limited powers and duties given to a historicpreservation commission provide that, "The commission, solely in the performance <strong>of</strong> its <strong>of</strong>ficialduties and only at reasonable times, may enter upon private land for the examination or surveythere<strong>of</strong>. No member, employee or agent <strong>of</strong> the commission shall enter any private dwelling orstructure without the express consent <strong>of</strong> the owner <strong>of</strong> record or occupant there<strong>of</strong>." MCA 39-13-S(k)(emphasis added). This limitation potentially affects the entry <strong>of</strong> staff or retained pr<strong>of</strong>essionals toenter a property for the purposes necessary, or coincident to a survey <strong>of</strong> damage or development <strong>of</strong>a scope <strong>of</strong> work necessary to undertake repairs to a historic structure.Therefore, as the <strong>City</strong> considers amendment and enforcement <strong>of</strong> its Historic PreservationOrdinance, it has several questions, as follows:I) Assuming that the <strong>City</strong> has followed the proper notice, due process, and hearingprocedures outlined in MCA § 39-13-1, et. seq., and in its Code <strong>of</strong> Ordinances, does the <strong>City</strong>, eitherby the use <strong>of</strong> its own employees or its contractors or agents, have authority to enter priVate property,including into a private dwelling, without the express consent <strong>of</strong>the owner <strong>of</strong> record or occupant <strong>of</strong>such property, to evaluate and make repairs necessary to correct demolition by neglect?2) Ifso, and assuming that the <strong>City</strong> carried out these actions acting solely in the performance<strong>of</strong> its <strong>of</strong>ficial duties, and only at reasonable times and in a reasonable manner, would the <strong>City</strong> beliable for damages for trespass or damage to the property?I3) If the <strong>City</strong> does not have such authority, may the authority for such an entry be requested<strong>of</strong> and given to the <strong>City</strong> by a court <strong>of</strong> competent jurisdiction (similar to a warrant for entry issued forinvestigative and search purposes and based on probable cause or to an order for condemnation andremoval as a public nuisance)? If this is the route the <strong>City</strong> must take, does the Attorney General's<strong>of</strong>fice have any guidance on the nature <strong>of</strong> such a warrant or order it should seek, and by what Court?4) Are there any other laws, statutes, regulations or powers that allow or prohibit the <strong>City</strong>from entering a private dwelling in furtherance <strong>of</strong> enforcement <strong>of</strong> its (amended) historic preservationcode sections, pursuant to MCA § 39-13-IS?Thank your for assistance. Please let me know if we can provide additional information.


466rrMINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61·226ICordially,MA YO MALLETTE PLLCPope S. MallettePSMee:Honorable George Patterson, MayorHonorable Lisa Carwyle, <strong>City</strong> ClerkII


,MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDOUT TRANSIT FACILITY:It was moved by Alderman Morgan, seconded byAlderman Bailey to authorize and accept the lowbid from D. Carroll Construction in the amount <strong>of</strong>$1,244,300.00. The vote was as follows:Voting Aye - Williams, Oliver, Taylor, Bailey andMorgan467DEMENT-MERIDIAN 61·0226IVoting No- AntonowMayor Patterson declared the motion carried.II


468I,MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226IHoworth & AssociatesARCII11[CTSWedncsday, October 24, 2012Mayor Pat Patterson<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>107 COUlthouse Square<strong>Oxford</strong>, Mississippi 38655RE:New Operations & Maintenance Facility<strong>Oxford</strong> University Transit SystemDear Mayor Patterson:Enclosed please find a CertifIed Bid Tabulation for the New Operations and MaintenanceFacility for the <strong>Oxford</strong> University Transit System.ISince bids are within the estimated range <strong>of</strong> funds, I recommend awarding the Base Bidplus all fom Bid Alternates. In om opinion, the <strong>of</strong>fer <strong>of</strong>D. CmToll Construction, LLC isthe lowest and best bid for both the Base Bid amount and any or ail combinations <strong>of</strong> theadditive Alternate Bids to be considered. Therefore, the total anticipated Contract SUlnwith the Base Bid and all Alternates will be $1,244,300.The pl'Oposal submitted by D. Cm·toll complies on all accounts with thc requirements <strong>of</strong>bidding documents with their inclnsion <strong>of</strong> the "Buy America Certification Form", "LobbyCertification Form", and "Certification <strong>of</strong> Contractor Regarding Debarment, Suspension,and Other Ineligible and Voluntary Exclusion" form. It fmther complies with theirinclusion <strong>of</strong> the "List afFirms Submitting Quotes" form for DBE requirements and two"Lettcrs <strong>of</strong> Intent" for DBE subcontractors to be considered for work on the project.We await your authorization to prepare a construction contract.Sincerely yours,IenclosurePost Offiw Dox 1569 • Oxfortl, MiSSissippi 36655662.234.7444 • Fox 662.234.0008 • www.howorlh"duom


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470REGULATIONS:STREET CLOSURES:BUS PARKING:CITY HALL RENOVATION:ROAD PROJECTS:This was the first reading <strong>of</strong> a proposed ordinancechange correcting downtown parking regulations.This was the first reading <strong>of</strong> a proposed ordinanceregarding the Mayor temporarily detouring trafficon public streets.The Board discussed an ordinance change proposalfrom staff which would allow buses to park onNorth 10 th Street from 3:00 p.m. until 8:00 a.m. fora $100.00 permit fee. There will be a publichearing at the next board meeting.DEMENT·MERIDIAN 61-226The Board discussed the need to eventuallyrenovate <strong>City</strong> Hall. Mayor Patterson stated theBoard should consider upcoming projects, includinga new activity center and possibly a parking garage.Bart Robinson presented the Board with a map <strong>of</strong>future road projects that are all needed within the<strong>City</strong> and some outside the <strong>City</strong> limits in the County.III


471MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT MERIDIAN 61 0226- -I,I,IA ailable Funds 11.01.12c~ <strong>of</strong> <strong>Oxford</strong>ID scriptionC mmunity Health Foundatoin Funds $3,000,000.002 12 General Obligation Bond 5,400,000.00o ford Reserve and Trust Earnings 600,000.009,000,000.00T tal Obligated Funds $6,960,000.00T tal Unobligated Funds $2,040,000.00Iution #1 Bond Obligating Trust EarningsB nding Amount that could be covered by Trust Earnings $8,500,000.00T tal Available Money for Option #1 Bond $10,540,000.00iI,N rth Avent Road $500,000.00I5 uth Avent Road (Included Money for Property Acquisitoin) 2,000,000.00C unty Road 300 Extention 2,500,000.00C Y Hall Restoration/Renovation 5,000,000.00II ,A tivities/Senior Facility 6,000,000.00P rking Garage 7,000,000.00I,T tal Unfunded Project Previously Discussed $23,000,000.00 IiI,Iii


10...- - -PotentiQ,l j 0 ts __ ________ 10.29.2012<strong>Oxford</strong>! blic Works Department --- --- -- ----- -----. ----<strong>City</strong> <strong>of</strong> eJ"Cost pe~zword, Msoot BreakdownItem () scription Cost.. C b and Gutter ($12/ft X2) $24.00~ Er sian Control 5.00rsi e (Sft both sides) 35.00ding (Terrain Dependent) 55.00Li estone (8" Thick) 60.00A halt (5") I 95.00'V ter Main 45.008 5 ~jNer Main 50.00~ 5 rm Drain 75.00"" U derground Eletric 25.001 5 eet Lighting 15.002 0 sign, Staking, Material Testing 65.00...T 'tal $549,00~CO)pr~eRoads~. , Potential Roads Extmated Length Estimated Cost Estimated Length Estimated Cost Estimated Total Estmated TotalIt_ (See Attached Map) (Inside <strong>City</strong> Limits) (Inside <strong>City</strong> Limits) (Outside <strong>City</strong> Limits) (Outside <strong>City</strong> Limits) Length Cost~ N rth Avent Road 2,448.0 $1,419,840.00 800.0 $464,000.00 3248 $1,883,840.00~s uth Avent Road #1 2,500.0 1,375,000.00 0.0 0.00 2500 1,375,000.00U. 5 uth Avent Road #2 1,445.0 794,750.00 2,300.0 1,265,000.00 3745 2,059,750.00ill C unty Road 300 Extention (East) 1,888.0 1,038,400.00 2,746.0 1,510,300.00 4<strong>63</strong>4 2,548,700.00L C unty Road 356 (300) Extention (West) 1,460.0 803,000.00 7,831.0 4,307,050.00 9291 5,110,050.00~ est <strong>Oxford</strong> Loop Extention 2,135.0 1,174,250.00 10,400.0 5,720,000.00 12535 6,894,250.00==~ T tals $6,605.240.00 $13,266,350.00 $19,871.590.00:EM~Notes:1. Utiliti s are all included in the all Estimated Cost.2. Coun Road Extention (East) could all be inside city limits with potential annexation.3. Estirr ~tes do not include property acquisition.


473Aldennan Williams to consider executive session.All the aldennen present voting aye, MayorPatterson declared the motion carried.DEMENT-MERIDIAN 61-0226ICOUNSEL:REGULAR SESSION:ADJOURN:It was moved by Aldennan Antonow, seconded byAldennan Bailey to go into executive session forland acquisition and potential litigation issues. Allthe aldermen present voting aye, Mayor Pattersondeclared the motion carried.It was moved by Aldennan Bailey, seconded byAlderman Antonow to authorize the retention <strong>of</strong>John Dunbar as legal counsel. All the aldennenpresent voting aye, Mayor Patterson declared themotion carried.It was moved by Aldennan Bailey, seconded byAldennan Antonow to go into regular session. Allthe aldennen present voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Williams, seconded byAldennan Taylor to adjourn the meeting sine-die.All the aldennen present voting aye, MayorPatterson declared the motion carried.IGeorge G. Patterson, MayorI


474r;==c=~~~~~MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226UNITED STATES OF AMERICASTATE OF MISSISSIPPICOUNTY OF LAFAYETTECITY OF OXFORDIREGULAR MEETINGNovember 6, 20126:00 p.m.CALL TO ORDER:The meeting <strong>of</strong> the Mayor and Board <strong>of</strong> Aldermen<strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, was called toorder by Mayor Patterson at 6:00 p.m. on Tuesday,November 6, 2012, in the court room <strong>of</strong> <strong>City</strong> Hallwhen and where the following were present:George G. Patterson - MayorNey Williams- Alderman Ward IE.O. Oliver- Alderman Ward IIJanice Antonow- Alderman Ward IIIUlysses Howell- Alderman Ward IVPreston Taylor- Alderman Ward VJason Bailey- Alderman Ward VIJohn Morgan- Alderman at Large- absentMayo Mallette PLLC ~ Of CounselBart Robinson- Director <strong>of</strong> Public WorksLisa Carwyle~ <strong>City</strong> ClerkTim Akers - Dir <strong>of</strong> PlanningMike Martin- Chief <strong>Oxford</strong> Police DeptCary Sallis- Chief <strong>of</strong> Fire DeptEddie Anderson- Dir. <strong>of</strong> SanitationAl Hope- Dir <strong>of</strong> Human ResourcesRandy Barber- Director <strong>of</strong> BuildingBilly Lamb- Sup!. <strong>of</strong> Bldg & GroundsRob Neely- Sup!. <strong>of</strong> Electric DepartmentIAGENDA:It was moved by Alderman Howell, seconded byAlderman Bailey to adopt the agenda for themeeting. AU the aldermen present voting aye,Mayor Patterson declared the motion carried.MAYOR'S REPORT:We had a productive, if long work session last Thursday. I want to Thank this Board whocontinues to work hard for the community. We face some difficult choices, but in theoverall scheme <strong>of</strong> things ,once again they are good problems to have.We are in transition at the <strong>Oxford</strong> Lafayette Public Library with Dotsy Fitt's retirementafter 40 plus years <strong>of</strong> service. The new director will be Laura Beth Walker who is anative <strong>Oxford</strong>ian and was the Reference Librianian. We wish Laura Beth the best. Shehas large shoes to fill.The Parking Commission and Standard parking continue to fell there way along with ournew enforcement procedures. Instructional tickets will be given until the 26 th at whcipoint we will go live so to speak. A reminder there is plenty <strong>of</strong> tree parking in the lots.Just a reminder that aU <strong>of</strong>fices ~ <strong>City</strong> ~ State and Federal will be closed next Monday forVeterans Day.I


.,2 475MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226~IIt was my unpleasant duty to represent the <strong>City</strong> this morning at the funeral service <strong>of</strong>Sarah Katherine and John Wheat. The Brother and Sister who lost their lives in a trafficaccident on the 6 bypass last Saturday. We certainly hope their Families find Peacequickly.Lastly, no Mayor's Report could be complete without condolences to the HoworthFamily on the death <strong>of</strong> their patriarch Dr Beckett Howorth, long time <strong>Oxford</strong> surgeon.Dr. Howorth brought modern surgery to <strong>Oxford</strong> and through his skills as a surgeon andhis service and generosity to this community I do not know <strong>of</strong> a Family he did not touch.IMINUTES:ACCOUNTS:CHRISTMAS PARADE:PUBLIC HEARING:ORDINANCE 2012-13:It was moved by Alderman Antonow, seconded byAlderman Williams to adopt the minutes <strong>of</strong>thespecial meeting on October 16,2012. All thealdermen present voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Howell, seconded byAlderman Taylor to approve the payment <strong>of</strong> allaccounts for the <strong>City</strong>. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried.It was moved by Alderman Morgan, seconded byAlderman Bailey to authorize $1,250.00 to theLions Club for the Christmas Parade. All thealdermen present voting aye, Mayor Pattersondeclared the motion carried.This was the second reading and public hearing <strong>of</strong> aproposed ordinance change amending Section 54-26Criteria for the Issuance <strong>of</strong> a Certificate <strong>of</strong>Appropriateness. There was no comment from thepublic. The third reading and vote will be at thenext board meeting.It was moved by Alderman Morgan, seconded byAlderman Bailey to adopt Ordinance 2012-13, "ANORDINANCE AMENDING ARTICLE XVIIISTOPPING, STANDING, PARKINGRESTRICTED OR PROHIBITED ON CERTAINSTREETS, CODE OF ORDINANCES OF THECITY OF OXFORD, MISSISSIPPI." Saidordinance is recorded in <strong>Book</strong> 8 <strong>of</strong> the <strong>City</strong> <strong>of</strong><strong>Oxford</strong> Code or Ordinances. All the aldermenpresent voting aye, Mayor Patterson declared themotion carried.IORDINANCE 2012-14:It was moved by Alderman Williams, seconded byAlderman Bailey to adopt Ordinance 2012-14, "ANORDINANCE AMENDING SECTION 102ARTICLE XVII STOPPING, STANDING,PARKING RESTRICTED OR PROHIBITED ONCERTAIN STREETS CODE OF RODINANCESOF THE CITY OF OXFORD, MISSISSIPPI." Saidordinance is recorded in <strong>Book</strong> 8 <strong>of</strong> the <strong>City</strong> <strong>of</strong><strong>Oxford</strong> Code <strong>of</strong> Ordinances. All the aldermenpresent voting aye, Mayor Patterson declared themotion carried.


47<strong>63</strong>MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226~PUBLIC HEARING:PUBLIC HEARING:TELECOMMUNICATIONSPERMIT:PROPERTY PURCHASE:AVENT PARKDETENTION:This was the second reading and public hearing <strong>of</strong> aproposed ordinance regulating entertainment busparking. Andrew Stephenson, representing theTourism Council, came before the Mayor and Board<strong>of</strong> Aldermen requesting they have the opportunityto state their opinion on the proposed ordinance.The council has some concerns about its affect onTourism in <strong>Oxford</strong>.Bradley Bishop came before the Mayor and Board<strong>of</strong> Aldermen to say there were certain reasons whyparking the buses on 10'h street woul d causeproblems for the groups who are frying to load andunload at his venue.Willie, who works for Scott Caradine, also wasconcerned with how the proposed ordinance whocause a burden on bands who were setting up atother locations on the square.Mayor Patterson stated the proposed ordinancewould be reviewed by the Parking Commission onDecember 7, 2012 and then on the Board <strong>of</strong>Aldermen agenda for December 18,2012.This was the second reading and public hearing <strong>of</strong>an ordinance permitting the Mayor to temporarilydetour traffic on public streets. There was nocomment made from the pUblic. AldermanAntonow requested the Mayor report to the board atthe subsequent board meeting what streets had beenclosed.It was moved by Alderman Morgan, seconded byAlderman Bailey to approve theTelecommunications Permit contract withWindstream KDL. All the aldermen present votingaye, Mayor Patterson declared the motion carried.It was moved by Alderman Morgan, seconded byAlderman Antonow to accept the appraisal fromAnnette Lee and authorize purchase <strong>of</strong> property forFire Station Number one on McElroy Drive in theamount <strong>of</strong> $275,000.00. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried.It was moved by Alderman Williams, seconded byAlderman Howell to authorize the bid to BennettConstruction in the amount <strong>of</strong>$129,325.00 for theAvent Park Detention. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried .III... 1


:-,t-- ~zt-- ,...,.ca:0LL>I--0c",wzw, "wc,:,;;:,;;,,"BID TABULATION11106112 'FORAVENT PARK STORMWATER MANAGEMENTCITY OF OXFORD. MISSISSIPPI~C")(0•0Z~00InWI-:::lZ-== L-':"::;'-';':":":'::":';,;';,;~;~'PTOTAL BID: $129,325.00 ' $130,549.00$130,75.01.00 $138,320.00PREPARED BY:PRECISION ENGINEERING CORP.11106112PAGE 1---


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480 4MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61·226SEWER VACUUMTRUCK CHASIS:SEWER VACUUMPUMP:CENTRAL SERVICEASSOCIATIONWINTER CONFERENCE:TV A SUBSTATION TRAINING:H _ ill"od by Alde,~ How"l, ,","OdOdb" -~- --1Aldennan Antonow to award the bid to Tag TruckCenter in the amount <strong>of</strong>$83,837.00 for the Sewervacuum truck chasis. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried.It was moved by Alderman Howell, seconded byAlderman Morgan to rebid the sewer vacuum pumpbecause no bids were received. All the aldermenpresent voting aye, Mayor Patterson declared themotion carried.It was moved by Aldennan Williams, seconded byAldennan Taylor to authorize two employees toattend Central Service Association WinterConference in Nashville, TN on December 6-7,2012 with a cost <strong>of</strong> $1 ,406.00. All the aldennenpresent voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Antonow, seconded byAlderman Bailey to authorize two linemen to attendTVA Substation training in Tupelo, MS onNovember 15-16,2012 with no cost to the <strong>City</strong>. Allthe aldermen present voting aye, Mayor Pattersondeclared the motion carried.IIMS CLASS I RUBBISH SITEOPERATOR CERTIFICATION:It was moved by Alderman Williams, seconded byAlderman Howell to send two employees to the MSClass I Rubbish Site-Operator CertificationTraining on November 28-29, 2012 in Jackson, MSat a cost <strong>of</strong>$310.00. All the aldennen presentvoting aye, Mayor Patterson declared the motioncarried.RESERVE OFFICER:NRA PRECISIONRIFLE INSTRUCTOR COURSE:It was moved by Aldennan Howell, seconded byAlderman Williams to approve Larry Gillespie as areserve <strong>of</strong>ficer with OPD. All the aldennen presentvoting aye, Mayor Patterson declared the motioncarried.It was moved by Alderman Morgan, seconded byAldennan Bailey to approve for the firearmsinstructor to attend NRA Precision Rifle InstructorCourse at the academy on November 12-16, 2012with a cost <strong>of</strong> $825.00. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried.I


II....J5 481lMINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226IPOLICE TRAINING OFFICERCOURSE:POLICE CARS:It was moved by Aldennan Antonow, seconded byAldennan Oliver to approve three <strong>of</strong>ficers to attendPolice Training Officer Course in Louisville, KY onJanuary 21-25, 2013 at a cost <strong>of</strong>$693.00. All thealdermen present voting aye, Mayor Pattersondeclared the motion carried.It was moved by Aldennan Howell, seconded byAlderman Williams to approve the purchase <strong>of</strong> four2013 Dodge Chargers at a price <strong>of</strong>$106,432.00.All the aldennen present voting aye, MayorPatterson declared the motion carried.RECORD RETENTIONSEMINAR:It was moved by Aldennan Williams, seconded byAldennan Taylor to authorize deputy clerk to attendthe Records Retention seminar in Boonville, MS onNovember 27, 2012 with a cost <strong>of</strong>$75.00. All thealdennen present voting aye, Mayor Pattersondeclared the motion carried.IRESIGNATION:It was moved by Aldennan Bailey, seconded byAlderman Howell to accept the resignation <strong>of</strong>Robert Welch in the Building & Groundsdepartment. All the aldennen present voting aye,Mayor Patterson declared the motion carried.EMPLOYMENT:It was moved by Aldennan Howell, seconded byAldennan Antonow to authorize the employment <strong>of</strong>Melissa Talliant with a salary <strong>of</strong> $22,852.29 as alaborer in the Building & Grounds Department, andBrandon House as a part-time seasonal Building &Grounds worker at $8.25 per hour. All thealdennen present voting aye, Mayor Pattersondeclared the motion carried.IRESIGNATION:ADVERTISEMENT:EXECUTIVE SESSION:It was moved by Aldennan Morgan, seconded byAldennan Williams to accept the resignation <strong>of</strong>Anthony Blake in the Electric Department. All thealdennen present voting aye, Mayor Pattersondeclared the motion carried.It was moved by Aldennan Morgan, seconded byAldennan Howell to authorize the internaladvertisement for assistant inventory control clerkin the Electric Department. All the aldennenpresent voting aye, Mayor Patterson declared themotion carried.It was moved by Aldennan Antonow, seconded byAldennan Williams to consider executive sessionfor one personnel issue, one purchase <strong>of</strong> propertyand one litigation issue. All the aldermen present


482 6MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61-226voting aye, Mayor Patterson declared the motioncarried.REGULAR SESSION:SETTLEMENTAGREEMENT:SUSPENSION:RECESS:It was moved by Alderman Antonow, seconded byAlderman Howell to go into executive session. Allthe aldermen present voting aye, Mayor Pattersondeclared the motion carried.It was moved by Alderman Bailey, seconded byAlderman Howell to come out <strong>of</strong> executive sessionand return to regular session. All the aldermenpresent voting aye. Mayor Patterson declared themotion carried.It was moved by Alderman Bailey, seconded byAlderman Antonow to authorize the Mayor to signthe settlement agreement. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried.It was moved by Alderman Oliver, seconded byAlderman Bailey to follow the recommendation <strong>of</strong>the Human Resource Director and the Director <strong>of</strong>Sanitation and suspend Frankie Carothers for oneday without pay. All the aldermen present votingaye, Mayor Patterson declared the motion carried.It was moved by Alderman Antonow, seconded byAlderman Morgan to recess the meeting untilTuesday, November 20, 2012 at 5:00 p.m. All thealdermen present voting aye, Mayor Pattersondeclared the motion carried.IIGeorge G. Patterson, Mayor, I jLisa Carwyle, <strong>City</strong> ClerkI


MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDCEMENT-MERIDIAN 61-022t1UNITED STATES OF AMERICASTATE OF MISSISSIPPIICOUNTY OF LAFAYETTECITY OF OXFORDREGULAR MEETINGNovember 20,20126:00 p.m.CALL TO ORDER:The meeting <strong>of</strong> the Mayor and Board <strong>of</strong> Aldermen<strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>, Mississippi, was called toorder by Mayor Patterson at 6:00 p.m. on Tuesday,November 20,2012, in the court room <strong>of</strong> <strong>City</strong> Hallwhen and where the following were present:George G. Patterson - MayorNey Williams- Alderman Ward IE.O. Oliver- Alderman Ward IIJanice Antonow- Alderman Ward IIIUlysses Howell- Alderman Ward IVPreston Taylor- Alderman Ward VJason Bailey- Alderman Ward VIJohn Morgan- Alderman at LargeIMayo Mallette PLLC - Of CounselBart Robinson- Director <strong>of</strong> Public WorksLisa Carwyle- <strong>City</strong> ClerkTim Akers - Dir <strong>of</strong> PlanningMike Martin- Chief <strong>Oxford</strong> Police DeptCary Sallis- Chief <strong>of</strong> Fire DeptEddie Anderson- Dir. <strong>of</strong> SanitationAI Hope- Dir <strong>of</strong> Human ResourcesRandy Barber- Director <strong>of</strong> BuildingBilly Lamb- Supt. <strong>of</strong> Bldg & GroundsRob Neely- Sup!. <strong>of</strong> Electric DepartmentRob Boyd- Dir <strong>of</strong> <strong>Oxford</strong> Park CommissionAGENDA:It was moved by Alderman Howell, seconded byAlderman Williams to adopt the agenda for themeeting. All the aldermen present voting aye,Mayor Patterson declared the motion carried.MAYOR'S REPORT:IWe continue to work with the outdoor advertising folks to resolve issues hopefullywithout going to court. That said this Board is prepared to do what is necessary toenforce its ordinances and be fair to everyone.It is burglary season. Chief Martin has asked me to remind everyone to be extravigilant and cautious this time <strong>of</strong> the year. If anyone sees anything unusual orsuspicious they are encouraged to call OPD. I can't tell you the number <strong>of</strong> crimesthat have been solved or deterred by alert citizens. Please don't hesitate to call us ifyou observe something unusual and don't worry or be embarrassed if you happento be wrong.


MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIOIAN 61·226. - '-12Kudos out to Billy Lamb and his group and to Rob Neely and <strong>Oxford</strong> Electric forgetting the town ready for the Holidays. It is a lot <strong>of</strong> work to put those decorationsup. You do a good job and it is appreciated by everyone.I'ITim Akers informed me that the OUT System carried nearly 95, 000 passengers inOctober. To me that is just an incredible number. Congratulations to Tim and RonBiggs and his staff at OUT and to Richard Howorth's vision for this thing.IThe first Tuesday inJanuary is on New Year's day. Lisa and I both think it wouldbe best to move the meeting to Wednesday the 2 nd instead <strong>of</strong> the 31 st. So if no oneobjects the 2nd it is.Lastly and especially at this time <strong>of</strong> the year we pause to reflect on and be gratefulfor so many blessings. This is a speCIal community, I truly believe that, andregardless <strong>of</strong> your Faith it is difficult for me to imagine ever wanting to live in anyother CommunityMINUTES:ACCOUNTS:VOLUNTEER OXFORDGRANT:It was moved by Alderman Antonow, seconded byAlderman Taylor to adopt the minutes <strong>of</strong> the specIalmeeting on November I, 2012 and the regularmeeting on November 6,2012. All the aldermenpresent voting aye, Mayor Patterson declared themotion carried.It was moved by Alderman Howell, seconded byAlderman Bailey to approve the payment <strong>of</strong> allaccounts for the <strong>City</strong>. All the aldermen presentvoting aye, Mayor Patterson declared the motioncarried.Kelly Shannon came before the Mayor and Board <strong>of</strong>Aldermen to request an increase <strong>of</strong> $10,000.00 inthe Volunteer <strong>Oxford</strong> budget. There is anadditional $10,000.00 in grant money available sothe only cost to the <strong>City</strong> will be in kind services.It was moved by Alderman Morgan, seconded byAlderman Bailey to authorize the increase InVolunteer <strong>Oxford</strong>'s budget. All the aldermenvoting aye, Mayor Patterson declared the motioncarried.IAPPEAL OF SITE PLAN:Tim Akers came before the Mayor and Board <strong>of</strong>Aldermen to discuss the appeal <strong>of</strong> Assets PlusRealty's appeal from Planning Commission,requesting site plan approval, 37 acre site, for 260units, 650 beds, site plan review committee metmany times on project, March 28, April 4,September 19, September 26,2012 and thePlarming Commission considered application onOct 8, 2012 and recommended denial based oncomments from the staff. There is a reference to theletter from the Public Works Director. A briefhistory <strong>of</strong> property: The subject property was aportion <strong>of</strong> a larger tract <strong>of</strong> land, located in theI


3 485MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61-0226Icounty, that included the current Exchange,formerly the Connection Apartment Complex. As acondition to approval <strong>of</strong> the Exchange site plan thesubject property was placed in a conservationeasement, restricting development <strong>of</strong>the site, at thattime the property was in the County, limited to 4units per acre. The current zoning <strong>of</strong> property wasestablished when the property was annexed in 2007.Subsequent to annexation the subject has beenremoved from the conservation easement, allowingfurther development <strong>of</strong> the site.Bart Robinson came before the Mayor and Board <strong>of</strong>Aldermen and stated in our code we require not tobuild a ci ty street that is meant to dead end in over800 feet in length. <strong>Oxford</strong> Way, if you look atprevious minutes <strong>of</strong> Planning Commission when theExchange was approved, discusses an extension <strong>of</strong><strong>Oxford</strong> Way to County Road 300. Another section<strong>of</strong> the code requires you have to have two means <strong>of</strong>ingress/egress if you have over two hundred units,they have 230 units, so they would be required tohave two means <strong>of</strong> ingress/egress. Assets PlusRealty is proposing an emergency only access toCounty Road 300, this does not fill the requirementfor two means <strong>of</strong> ingress/egress.IAmanda Tollison, representing Assets PI us, camebefore the Mayor and Board <strong>of</strong> Aldermen to requestan appeal <strong>of</strong> a site plan denial for property locatedat 2000 <strong>Oxford</strong> Way. She stated it was a twohundred and thirty plus apartment complex. ThePlanning Commission has denied the site planapproval. They are required to have another point<strong>of</strong> public access. Asset Plus would like to have anaccess to County Road 300 for emergency vehiclesonly.Counsel, Pope Mallette, stated their proposed road,<strong>Oxford</strong> Way, would be a private street except in anemergency situation, and then emergency vehiclescould access County Road 300 through <strong>Oxford</strong>Way.Ms. Tollison stated they had filed a brief with theCounty to request access to County Road 300. TheCounty engineer and road manager are looking at it.IPope Mallette stated the road proposed would be aprivate drive, the <strong>City</strong> wouldn't assume the roadbecause it does terminate. This is a private road,not a public road. The <strong>City</strong> is not allowed to close apublic road to the public. The intent <strong>of</strong> the PlanningCommission is to have two points <strong>of</strong> ingress/egressto a public road. If <strong>Oxford</strong> Way was blocked, thiswould not be satisfied.Bart Robinson stated the connection for theExchange showed the extension <strong>of</strong> <strong>Oxford</strong> Way toCounty Road 300, he believes it was the intent for


486 4MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORD~~~~~~ ~~~~~D'~M'~NT-MERIDIAN61.226<strong>Oxford</strong> Way to be extended to County Road 300when further development occurred south <strong>of</strong> theExchange.Dr. Ray, who is on the Lafayette County PlanningCommission, stated the County had turned therequest over to the Planning Commission and theengineer and road manager were to evaluate thecondition <strong>of</strong> County Road 300, they are not sure ifthe county road could handle the traffic load if itwere opened up to the development.IIt was moved by Alderman Antonow, seconded byAlderman Oliver to affirm the PlanningCommission decision and deny the site plan for theproperty. All the aldermen voting aye, MayorPatterson declared the motion carried.The following Planning Commission notes, packetfrom Amanda Tollison and pictures are all part <strong>of</strong>the recordII


487MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61-0226IBUTLER S \vNovember 16.2012VIA I IA.ND.m"J)VER)~Lisa D. Car-wyle, <strong>City</strong> Clerk<strong>City</strong> <strong>of</strong> <strong>Oxford</strong>107 Courthouse SquareOxl(,rd. MS 38655RF:Case 1668 - The Domain Site PlanDear Ms. Carwyk:II have enclosed with this letter eleven copies <strong>of</strong> Asset Plus Realty Company Investment.Inc.'s Brief in Support <strong>of</strong> its Appeal <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>'s Planning Commission'sRecommendation to Deny its Site Plan, Case 1668 - The Domain, lor consideration at theNovember 20, 2012 meeting <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> Board <strong>of</strong> Aldermen. Ten copies arc providedlor the packets lor the Mayor and the Board oCAlden11cn. Plea,c file stamp the remaining copyl(lf my tiles and retnm with our legal assistant.Please let me know if you have any questions or need anything filrther Irom us prior toTuesday's meeting.Sincerely.AJT:meEnclnsuresBj\It!Cr, Snow, O'Ma7r~ Stevens & Cannada, PLLC// c' lj /".-.-\- •! I, " ! / l/J "C,-.?Vw~j;A< '7!eJiXlO~Amanda J. [olrison --:\ ,-B\lllcrSll(J\\ [,15()29<strong>63</strong>vlIr', (,. B(>.,- J Uti(hf,,,,j, YS j8(,');;, I 1.1,\R,\, S'JI'VJ'_:';~ &. C,\1';"{,\f):\, PLLC


~I488r==="III'MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61·226IBRIEF IN SUPPORT OF APPEAL OF THE CITY OF OXFORDPLANNING COMMISSION'S RECOMMENDATION TO DENY SITE PLANCASE 1668Pursuant to Sec. 227 <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> Code <strong>of</strong> Ordinances, Planning CommissionAppeal Procedure, through the undersigned, ASSET PLUS REALTY COMPANYINVESTMENT, INC. ("APRC") submits this brief in support <strong>of</strong> its appeal to the Mayor andBoard <strong>of</strong> Aldermen <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> (hereinafter "Board <strong>of</strong> Aldermen") from therecommendation <strong>of</strong> the Planning Commission rendered at its meeting on October 8, 2012 in Case1668.The <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> Planning Commission ("Planning Commission") considered the siteplan submitted by APRC for a 230-unit apartment complex on Old Taylor Road ("The Domain")at its meeting on October 8, 2012. See The Domain site plan, attached as Exhibit A. ThePlanning Commission denied The Domain site plan based upon "Life Safety" issues as reflectedin its minutes approved at its November 15, 2012 meeting. See <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> PlanningCommission minutes, October 8, 2012, attached as Exhibit B. APRC appeals the decision <strong>of</strong> thePlanning Commission and requests that the Mayor and the Board <strong>of</strong> Aldermen reverse thedecision <strong>of</strong> the Planning Commission and approve The Domain site plan on the followinggrounds:I. The Entrance to The Domain is Not a Dead-End StreetThe Director <strong>of</strong> Public Works for the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> recommended that the <strong>City</strong> <strong>of</strong><strong>Oxford</strong> Planning Commission deny The Domain development in a letter to Paul Koshenina,project engineer, dated September 27, 2012. See September 27, 2012 letter from Bart Robinsonto P. Koshenina, attached as Exhibit C ("Robinson letter"). Robinson argues that the primaryentrance to The Domain will be located at the cul-de-sac on the southern termini o~<strong>Oxford</strong> Way,which is in excess oj) 800 feet from Old Taylor Road. Robinson Letter at p. 1.The entrance to The Domain will be located <strong>of</strong>f <strong>of</strong>, <strong>Oxford</strong> Way, which is public streetaccessible from Old Taylor Road. Although Art. 4, Section 162.04(14) <strong>of</strong> the LandDevelopment Code <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong> provides that "[ d]ead end streets designed to be sopermanently shall not be longer than 800 feet in length," <strong>Oxford</strong> Way is not a "dead-end" street.Art. 1, Section 117.165 defines "dead-end street" as "[a] short street <strong>of</strong> a maximum <strong>of</strong> 800 feet inlength having one end open to traffic and the other permanently terminated by a vehicular turn-II1


4891MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61-0226IIIaround." The primary entrance to The Domain is at <strong>Oxford</strong> Way, and the other public roadaccess to the development is at County Road 300 ("CR 300") to the south; <strong>Oxford</strong> Way is notpermanently terminated. In fact, the access point at CR 300 will have an alternate restrictedaccess. Thus, there is an alternate way in and out <strong>of</strong> The Domain, and there is no permanentdead-end street.Furthermore, Art. I, Section 110.01(2) sets forth at least one <strong>of</strong> the objectives <strong>of</strong> the cityordinance is "to secure safety from fire, panic and other dangers." Moreover, Section162.04(l)(c) requires that street patterns provide "adequate access for fire, police and otheremergency vehicles." Presumably, the purpose behind the ordinance prohibiting a permanentdead-end street longer than 800 feet, consistent with Sections 110.01(2) and 162.04(1)(c), is topromote safe ingress and egress in times <strong>of</strong> fire or other dangerous situations for the emergencypersonnel to access the property easily and to exit the property when the emergency subsides.That is understandable. A gated emergency access point available to fire, police and otheremergency vehicles accessible from CR 300 fulfills the requirements and purposes <strong>of</strong> Sections110.01(2),117.165 and 162.04(1) & (14) <strong>of</strong> the <strong>City</strong> Code <strong>of</strong> Ordinances.II. Extension o~ <strong>Oxford</strong> Way as Previously Proposed isNow Unnecessary and Would Be Inconsistent with <strong>City</strong> OrdinancesIn his September 27, 2012 letter, the Director <strong>of</strong> Public Works refers to "Exhibit D" froma previously submitted site plan, indicating a roadway across the subject property, formerlyunder a conservation easement, that is now owned by APRC. See Robinson letter at p. I. Beforethe swap <strong>of</strong> property south <strong>of</strong> CR 300 and APRC's acquisition <strong>of</strong> the property adjacent to TheConnection, there was a need for a roadway to extend from The Connection property across thesubject property to provide connectivity between the APRC-owned properties; APRC now ownsthe property adjoining The Connection, so there is no longer a need to extend a public streetthrough the site at that location. Furthermore, implementing a public street at that particularlocation now may implicate additional safety concerns that other city ordinances were designedto prevent.Section 162.01 requires the subdivision <strong>of</strong>i land to adhere to certain objectives, includingto "[p]rovide a safe and convenient circulation system minimizing pedestrian and vehicleconflicts, and traffic congestion." Not only is the extension <strong>of</strong> <strong>Oxford</strong> Way as previouslyproposed UlU1ecessary now that APRC owns the adjoining property, it may cause pedestrian and2


... 1490MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61·226r~~~~~~~~Ivehicle conflicts because the cul-de-sac at the end <strong>of</strong> <strong>Oxford</strong> Way currently is a busy bus stop forthe <strong>Oxford</strong> University Transit ("O.U.T.") System. Plus, the placement <strong>of</strong> an extension <strong>of</strong> <strong>Oxford</strong>Way as "Exhibit D" contemplates may encourage "through traffic," which is inconsistent withSection 162.04(l)(c) that requires streets to "discourage[] through traffic ...." Thus, extendingthe roadway across the property as outdated Exhibit D suggests, now that APRC oWllS theproperty adjacent to The Connection, may be in conflict with the <strong>City</strong>'S general design objectivesas set forth in Section 162.0 I.III.The Domain Provides Two Points <strong>of</strong> Public Road AccessThe Director <strong>of</strong> Public Works indicated in his September 27th letter that the proposed siteplan had "only one public ingress/egress," citing Section 162.04(3)(a). See Robinson letter at p.1. Section I 62.04(3)(a), however, requires residential developments with more than 200 lots <strong>of</strong>dwelling units to have at least two separate points <strong>of</strong> public road access." SectionI162.04(3)(a)(emphasis added). As the attached site plan demonstrates, the property is accessibleby two public roads - <strong>Oxford</strong> Way and also by CR 300. The access to the property from CR 300is restricted to emergency vehicles only and will be regulated either by a gate with key access orby some other means.Furthermore, access to the property from CR 300 is a matter for which we will seekpermission from Lafayette County since it lies outside the <strong>City</strong> limits.IV.There is No Need for Sidewalks on County Road 300 at This TimeThe Director <strong>of</strong> Public Works pointed out that the site plan did not propose a sidewalk alongCR 300. See Robinson letter at p. 2. Although Section 125(7) may require sidewalks in allzoning districts, CR 300 lies outside the city limits and remains under the exclusiverjurisdiction<strong>of</strong> Lafayette County. Furthermore, considering the current condition <strong>of</strong> CR 300, if sidewalkswere placed along CR 300 that is adjacent to The Domain, if and when the County makesimprovements to CR 300 then the sidewalks would be destroyed and the investment wasted. Inthe event that Lafayette County determines to improve CR 300 in the future, APRC will workwith the County on any required sidewalks, including putting funds in escrow to construct aIsidewalk at a later date, should such sidewalk along an improved roadway be necessary.V. General Objectives <strong>of</strong> <strong>City</strong> Ordinances are Met by this DevelopmentSection 110(14) states that the general objectives <strong>of</strong> the city ordinances must "provideappropriate flexibility to stimulate private initiative and innovative design, while protecting the3,


491MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61-0226Ipublic interest." Approving The Domain's site plan will achieve the city's objective as set forthin Section 110(14). Furthermore, The Domain follows the <strong>City</strong>'s guiding principles as set forthin Section IDS and meets the <strong>City</strong>'s objectives as set forth in Sections 162.Dl and 162.04(1) asexplained above. This development complies with all <strong>of</strong> the applicable city ordinances as well asthe purposes behind the ordinances while preserving the public interest.Respectfully submitted,IButler, Snow, 0'1200 JeffersonP.O. Box 1138<strong>Oxford</strong> MS 38655T: 662-513-80071 F: 662-513-8001Attorneys for AP RC Investment, Inc.ButierSnow 14561379vlI4


"492~~~MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT·MERIDIAN 61-226IEXHIBITI""","",IIII I: I( Ii I: II I: I! II


493lMINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226IPLANNING COMMISSIONEXHIBITBBe it remembered that the <strong>Oxford</strong> Planning Commission did meet in regular session onMonday, October 8, 2012 at 5:00 p.m., in the <strong>City</strong> Hall Courtroom with the followingmembers present:Michael Hannon, ChairmanDr. Watt BishopJohn BradleyDarryail WhittingtonMark HuelseDr. Gloria KellumHayden AlexanderITim Akers, <strong>City</strong> PlannerRandy Barber, Building OfficialPaul Watkins, <strong>City</strong> AttorneyBM Robinson, <strong>City</strong> EngineerReanna Mayoral, Assistant <strong>City</strong> EngineerKatrina !-Iourin, Assistant <strong>City</strong> PlannerMegan Prescott, Meeting Secretary1. Call to Order. The meeting was called to order by Commissioner Harmon.2. Approval <strong>of</strong> the Agenda. Commissioner Harmon asked if there were any changes to theagenda. It was noted that Case #1660 was postponed a motion was made by CommissionerKellum and seconded by Commissioner Bradley to approve the agenda.All present voting aye,The motion was approved and the agenda was accepted.3. Approval <strong>of</strong> the September 10, 2012 Minutes. Commissioner Harmon asked if therewere any necessary changes to the minutes.IThere being no flilther questions or comments from the public or the Commission, a motionwas made by Commissioner Bradley and seconded by Commissioner Kellum to approve theminutes from the September 10,2012 meeting.All present voting aye,The minutes were approved.4. Planning and Building Officials' Reports.Planner's Report: Tim Akers reported on the EDI grant for the Burns Belfry Church statingthat the second phase should be completed this month and there are plans to advertise forphase three in early November. He also updated the Commission on the EDI grant for the


494,rMINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT· MERIDIAN 61-226IIPowerhouse storage room expansion cxplaining that thc work would come to a close at theend <strong>of</strong> the month. Mr. Akers then outlincd updates regarding the downtown parkingdevelopmcnts. Standard Parking has been conducting interviews and will house their <strong>of</strong>ficein the basement <strong>of</strong> <strong>City</strong> Hall, which will be occupied by mid-October. Signs have beenordered and the Parking Commission is investigating way finding signs. The <strong>City</strong> recentlysigned a contract to purchase space for parking behind Vieux Carre which shouldaccommodate approximately 100 additional parking spots. Mr. Akers also reported that theBuilding and Planning Departments had hired Jacqueline Norris as the new ExecutiveAssistant for their <strong>of</strong>fice with a stmi date <strong>of</strong>Novcmber 5 thThe Building Report li·om Randy Barber was included in the packets.A motion was made by Commissioner Whittington and seconded by Commissioner Kell umto accept the Planning and Building Officials· Reports.All voting aye.The motion was carried.IREGULAR AGENDA5. Public hearing for Case #1660 - Request for to rezone 59.29 acres from (A)Agricultural to (RC) Multi-Unit Residential for property located on Anderson Road(Planning Commission) was postponed.6. Public hearing for Case #1664 - Request for a special exception to permit a celltower located on Veterans Boulevard adjacent to the VFW Park in a (POL) PublicOpen Land zoned district (Board <strong>of</strong> Adjustment)Planner's Comments: Based on the <strong>City</strong>'s recently adopted cell tower ordinance,telecommunication equipment over 200 fect is permitted in all zoning districts by a specialexception. The applicant is leasing an area 80 x 80 area <strong>of</strong> land to construct a ISO-foot celltower. The proposed tower will be located approximately 300 feet from the nearestresidential structure.Based on the cell tower ordinance, the following factors shall be considered in determiningwhether to issue a special exception for wireless communication facilities:A. Hcight <strong>of</strong> the proposed antenna.B. Proximity <strong>of</strong> the tower or antenna to residential structures and residential zoningdistrict boundaries;IC. Technical or engineering requirements limiting placement <strong>of</strong> the tower or antennain other areas in order to provide coverage;D. Nature <strong>of</strong> uses on adjacent and nearby properties;E. Surrounding topography, trec coverage and foliage;2


495MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226IF. Design <strong>of</strong> the tower or antenna, with particular reference to design characteristicsthat have the effect <strong>of</strong> reducing or eliminating visual obtrusiveness; andG. Availability <strong>of</strong> suitable existing towers and other structures.The Site Plan Review Committee reviewed and approved the site plan on September 12,2012.IRecommendation: Staff has reviewed the petitioner's application and found it in compliancewith the city's cell tower regulations. The applicant has provided documentation that noexisting tower or structure can accommodate the applicant's needs and provided technicalrequirements that limit placement <strong>of</strong> the tower in other areas in order to provide coverage.Further, the applicant has provided a letter committing the owner to allow shared use <strong>of</strong> thetower. Staff further finds that granting the request will not adversely affect the public interest.However staff does recommend that approval <strong>of</strong> the special exception for a 150 foot tall celltower be conditioned that if a building permit for the tower is not issued within 12 monthsfrom the date <strong>of</strong> approval, the special exception shall be voided and that pro<strong>of</strong> <strong>of</strong> insurancebe submitted to the Planning Office prior to the issuance <strong>of</strong> any permits.Andy Rotenstreich, appeared on behalf <strong>of</strong> the applicants; Airspaces, LLC and AT&T.Airspaces. LLC wi II own and build the tower and AT&T will be the first anchor tenant on thetower. It is expected that other carriers will follow such as Verizon, if and when theydetermine the need. Airspaces, LLC is proposing to build the cell tower on a 5 acre piece <strong>of</strong>property owned by the VFW located on the corner <strong>of</strong> S. Lamar and Veterans Drive next tothe Veterans Memorial Park. The applicant is proposing to build the 150 foot-single monopoletower in a wooded area behind the park to hide the equipment as much as possible. Thetower will be lower than the allowable 200 feet. AT&T needs the tower for coverage andcapacity issues. Mr. Rotenstreich indicated that he had contacted the president <strong>of</strong> the HOA,Mr. Jason Salinger, agreeing to meet with any residents regarding the proposed location <strong>of</strong>the tower. Rather than meet an email was circulated and Mr. David A lien, requested that theantennae's be pulled close to the pole. In response AT&T agreed to a 3-foot antennaeextension rather than the usual 5-foot extension.Meeting all the requirements for the special exception <strong>of</strong> locating a cell tower in <strong>Oxford</strong>; Mr.Rotenstreich ended respectfully requesting approval <strong>of</strong> the special exception.IChairman Harmon, asked for questions from the commission members. Discussioncontinued regarding the material and color <strong>of</strong> the pole, its diameter at the top and the base,other pole is the city and the existing trees.Chairman Harmon asked for additional questions from the commission and the pUblic.Hearing none, Commissioner Bradley made a motion that the special exception be approvedwith the condition that if a building permit is not issued within 12 months the specialexception would be void.Commissioner Kellum seconded the motion.All present voting aye.3


496MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61·226--II.IIIThe special exception to permit a cell tower was approved.6. Public hearing for Case #1665 - Request for site plan approval for 'Town PlaceSuites' Hotel located at 105 Ed Perry Boulevard in the <strong>Oxford</strong> Commons (PUD)Planned Unit Development (Planning Commission)Planner's Comments: The subject property is located across Ed Perry Boulevard to the east<strong>of</strong> the <strong>Oxford</strong> Conference Center on approximately 1.84 acres <strong>of</strong> land. With initial approvalfor the <strong>Oxford</strong> Commons PUD in 2005, preliminary plat approval from the <strong>Oxford</strong> PlanningCommission was granted in January <strong>of</strong>2007. In addition, the subject property is locatedwithin the 65,foot (65') height overlay approved in 2007.The applicant is proposing a five-story, ninety-live room hotel called 'Towne Place Suites'.Two points <strong>of</strong> ingress and egress are proposed at Ed Perry Boulevard with primary access atthe north end <strong>of</strong> the site. The entry point currently exists and serves as the second access tothe adjacent Hampton Inn hotel. Pedestrian access between hotels will also be provided. Thetraffic impact study indicated no change in level <strong>of</strong> service and therefore no roadimprovements arc necessary.The applicant is also seeking a special exception for additional olf-site parking to meet thecity's requirements.Thc applicant met with the Site Plan Review Committee on September 19 and September 26,20 I 2 and has made all necessary revisions for compliance.IRecommendation: Approve Site Plan for 'Towne Place Suites' a 95-room hotel with thefollowing condition:I. Approval <strong>of</strong> Case #1 666-Special Exception for <strong>of</strong>f-site parking.Tim Akcrs requested to approve the special exception for case # 1666 first and then have theCommission go back and approve the site plan for case #1665.7. Public hearing for Case #1666- Request for special exception to permit <strong>of</strong>f-siteparking for property located at 105 Ed Perry Boulevard in the <strong>Oxford</strong> Commons(PUD) Planned Unit Development (Board <strong>of</strong> Adjustment)Planner's Comments: The subject property is an irregularly shaped relatively flat lot andmeasures about 1.84 acres located in the <strong>Oxford</strong> Commons PUD which was approved in2005. In addition, the property is included in the sixty-five foot (65') height overlaycorridor. The <strong>Oxford</strong> Conferencc Center is to the east <strong>of</strong> the property and to the south is therecently completed Hampton Inn hotel.IThe applicant is proposing a five-story, ninety-live room hotel called 'Towne Place Suites'.Two points <strong>of</strong> ingress and egress are proposed at Ed Perry Boulevard with primary access atthe north end <strong>of</strong>the site and shared with the adjacent Hampton Inn hotel. Pedestrian accessbetwecn hotels will also be provided.Parking as indicated in Section 204-23 <strong>of</strong> <strong>Oxford</strong>'s Land Development Code for hotelsrequires:' one and one tenth or (1.1) parking space for each guest or sleeping room or4i ~III


4971MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226Isuite ... .' At this rate, required parking is 105 spaces. Proposed parking provided on site iscurrently 83 spaces leaving a 12 space shortage. As stated in Section 204-0ff-StreetAutomobile Parking and Storage .... "Where space is not available on the lot, space shall beprovided within three hundred (300) feet <strong>of</strong> such uses upon approval <strong>of</strong> the <strong>Oxford</strong> Planningcommission by special exception ... " The <strong>Oxford</strong> Conference Center has agreed to allowTowne Place Suites hotel to use their parking lot for overflow parking when needed.Special exceptions may be granted and that granting the special exception will not adverselyaffect the public interest.Recommendation: Approve the request for Special Exception for twelve (12) <strong>of</strong>f-siteparking places to be located at the <strong>Oxford</strong> Conference Center parking lot with the followingfinding:I. Granting <strong>of</strong> the special exception will not adversely affect the public interestIPaul Koshenina, with Precision Engineering appeared on behalf <strong>of</strong> the applicant commentingthat the Land Development Code requirement for parking was impossible to meet with size<strong>of</strong> lot. The <strong>Oxford</strong> Conference Visitors Bureau Board met and voted unanimous to allow theHotel to use their parking lot for overflow parking, which is estimated to be about 12-14spaces.Commissioner Bradley asked how many parking spaces are provided. Mr. Koshenina repliedthat 105 are required, but the site only has 93 planned with 10 <strong>of</strong> those as designated ashandicapped. Chairman Harmon asked for brief on traffic study. Mr. Koshenina informedthe commission that the Ed Perry Blvd. was built in anticipation for growth <strong>of</strong> the arearequiring no additional roadway improvements. Commissioner Whittington commentedabout the impact to Sisk Avenue regarding the anticipated changes especially related to theconstruction <strong>of</strong> the new high school nearby. In addition he expressed concern about thetraffic impact <strong>of</strong> increased commercial development in the <strong>Oxford</strong> Commons PUD. Mr.Koshenina commented that additional growth will trigger the need for a new traffic study.With no additional comments a motion for the approval for the special exception was madeby Commissioner Whittington and seconded by Commissioner Bishop. All present votingaye. The special exception was approved.Mr. Koshenina gave an overview <strong>of</strong> site plan, Case #1665 for the Towne Place Suites Hotel.Commissioner Kellum asked how many rooms were planned for the hotel. Mr. Michael.lones, project architect, replied 88 extended stay suites. He further commented that the planincluded an outside pool and Bar-B-Que area with significant landscaping.IA motion was made by Commissioner Kellum to approve the site plan for the Towne PlaceSuites and seconded by Commissioner Huelse.With no further questions or comments,All present voting aye.The motion was approved.8. Public hearing for Case #1667 - Request for a two (2') foot fence height variance forproperty located at 912 Chickasaw Street in a (RE) Residential Estate zoned district(Board <strong>of</strong> Adjustment)5


498MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-2261I.IIPlanners Comments: The subject property is a regularly shaped residential lot located onthe southeast corner <strong>of</strong> Chickasaw Road and Cherokee Drive. Located in an older wellestablishedarea <strong>of</strong> <strong>Oxford</strong>, the subject property is surrounded by like properties <strong>of</strong> similarage, size and style. The homes are modest relative to their lot size and the existingvegetation is well established as well. The subject property is relatively flat at the frontpOl1ion <strong>of</strong> the lot climbing considerably in the rear or west side. The applicant's rear yard isan established path for the local deer population <strong>of</strong>ten getting caught; sometime fatally in thecxisting chain link fence.Section 157 - Open Space/Setback Requirements in <strong>Oxford</strong>'s Land Development Code-157.0 I (2) states" .... Fences which allow for visibility, such as wrought iron fences, may befour (.JJfeet high in the Font <strong>of</strong>/he font building line ... . "Located in the front building line,the applicant is seeking a two (2') foot fence height variance to construct a six-foot (6')wooden fence to permanently discourage the deer from further damaging the applicant'sfence and landscaping. The vertical members <strong>of</strong> the fence are spaced to allow for visibility.In addition, the location <strong>of</strong> the fence relative to the slope <strong>of</strong> the properly will not impair orobstruct visibility to the adjacent street. By nature, a corner lot has two front setbacks andtwo side setbacks thereby reducing the applicant's buildable space creating a hardshiprelative to those owners <strong>of</strong> interior lots.A variance request may be granted when special conditions exist that are peculiar to the landor structures that do not apply to other lands or structures in the same District under the terms<strong>of</strong> this Ordinance.IRecommendation: Staff recommends approval <strong>of</strong> the two (2') foot fence height variancerequest based on the following findings:I. Due to the nature <strong>of</strong> a corner lot circumstances that exist which are peculiar tothe land involvcd and which are not applicable to other lands in the samedistrict;2. the literal interpretation <strong>of</strong> the provision <strong>of</strong> this Ordinance does deprive theapplicant <strong>of</strong> rights commonly enjoyed by other properties in the same districtunder the terms <strong>of</strong> this ordinance:3. granting the variance request would not confer on the applicant specialprivileges that is denied by this ordinance to buildings in the same district.A letter <strong>of</strong> support from the neighbors was submitted from applicant Patti Lampkin.With no further questions or comments, a motion was made by Commissioner Whittington toapprove the variance based on the Planner's recommendations and seconded byCommissioner Kellum to approve.IAll present voting aye,The motion was approved.6l i


.,499MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-0226I9. Public hearing for Case #1668 - Request for site plan approval for 'The Domain' - a234 mnlti-unit residential rental development located at 2000 <strong>Oxford</strong> Way in an(RC) Mnlti-Unit Residential zoned district (Planning Commission)Zoning History - The subject property was a pOliion <strong>of</strong> a lager tract <strong>of</strong> land located in thecounty that included the current Exchange (formerly the Connection) apartment complex. Asa condition to approval <strong>of</strong> the Exchange site plan, the subject property was placed in aconservation easement restricting development <strong>of</strong> the site. The current RC zoning <strong>of</strong> theproperty was establ ished when the property was annexed in 2007. Subsequent to annexationthe subject property has been removed from the conservation easement now permittingdevelopment <strong>of</strong> the site.Planner's Comments: The subject property is a 37 acre site <strong>of</strong> heavily wooded site withrolling hills. The applicant is requesting approval for a 260 unit 650 bed apartment complex.The Site Plan Review Committee reviewed the proposed site plan on March 28, 2012; April4, 2012; September 19, 2012; and September 26, 2012.ISee attached letter from the Public Works Director and supplemental documentation.Recommendation: Denial <strong>of</strong> the request based on conclusions outlined in the attached letterfrom the Public Works Director.Paul Watkins, city attorney explained to the Commission that the property now called theExchange was originally developed before 2007 annexation restricting them to 4-units peracre. To meet their desired density and unit number the developer put the remaining propertyunder a conservation easement with the state. Once this property was annexed into the <strong>City</strong>the developers petitioned to have the easement lifted and the 4-unit per acre requirement nolonger applied as it became RC zoned property.Paul Koshenina informed the Commission that a land swap took place effectively moving theconservation easement to the south, freeing the subject property to be developed. MarkLinley with Asset Plus Corp. is requesting site plan approval for a 234-unit development.Discussion continued among the Commission members and the applicants regarding theamount <strong>of</strong> land swapped.IPaul Koshenina, wanting to address the concerns outlined in a letter to the Commissionerfrom the <strong>City</strong> Engineer, Bart Robinson. The first concern addressed in Mr. Robinson's letterconcerns <strong>Oxford</strong> Way existing roadway <strong>of</strong>f <strong>of</strong> Old Taylor Road. This street is the primaryentrance to the proposed development and is in excess <strong>of</strong> 800 feet; the maximum dead-endlength allowed by current ordinance. Mr. Koshenina accepts and understands that the streetis in excess <strong>of</strong>800 ft., but feels the proposed plan is meeting the spirit <strong>of</strong> the ordinance byproviding an alternate access through the site by a private road, through the site that wouldallow connection to County Road 300 to the south, so that there is an alternate way in and out<strong>of</strong> the project and thereby creating a non-de ad-end situation to the roadway. Mr. Kosheninacontinued by saying if safety is the real guiding force behind the dead-end requirement, thenthe safety aspect has been handled by creating another alternate way in and out <strong>of</strong> the site onCounty Road 300, which will be used strictly for emergency purposes.7


500r~~-c~:--­MINUTE BOOK No. <strong>63</strong>, CITY OF OXFORDDEMENT-MERIDIAN 61-226,IMr. Koshenina continued by saying Mr. Robinson's letter contained exhibits from theprevious project; The Exchange or the Connection, existing to the north and some exhibitsrelated to the conservation easement that showed a potential roadway extending through thesubject property connecting to County Road 300. The developer's intent at the time was toinsure that they had a way to extend <strong>Oxford</strong> Way through to access through to the additionalproperty that they owned to the south <strong>of</strong> CR 300. Now that the easement has been releasedand transferred to the additional area to the South <strong>of</strong>CR 300, they don't feel that there is aneed to extend a public street through the site.Also attached were the minutes to the meeting stating that the road ... " may be extended southin thefillure to provide access to the additional undeveloped acreage owned." Mr.Koshenina added that this is no longer the case and that the developer no longer sees the needfor the roadway to be extended.Continuing on, Mr. Koshenina addresses the third paragraph in the letter that addresses therequirement for at least two separate points <strong>of</strong> public access for any development over 200dwelling units. Mr. Koshenina confirms that the project has in excess <strong>of</strong>200 units and wouldrequire two forms <strong>of</strong> access to a public roadway. Mr. Koshenina points out that the proposeddevelopment does provide two forms <strong>of</strong> access from <strong>Oxford</strong> Way and CR 300; both publicroadways.IMoving on to the next paragraph <strong>of</strong> the letter, Mr. Koshenina addresses the lack <strong>of</strong>a requiredsidewalk on the north side <strong>of</strong>CR 300 and that after discussion with the city, his client iswilling to construct a sidewalk on their side <strong>of</strong> CR 300, but feels as though there would be novalue in constructing the sidewalk at the time because <strong>of</strong> its current condition and wouldagree to perhaps escrow the funds to construct the sidewalk at a later date when roadimprovements are made to CR 300; minimizing the risk <strong>of</strong> building the sidewalk now only tohave it torn later as part <strong>of</strong> some future roadway improvement.Mr. Koshenina continued addressing the next paragraph <strong>of</strong> the letter stating "Emergencyingress/egress to CR 300 must remain strictlyfor emergency vehicles" which is exactly theintent <strong>of</strong> the applicant as indicated and labeled restricted access on the submitted site plan.Mr. Koshenina after addressing these specific items entertained questions or concerns fromthe Commission.Mark Linley, with Asset Plus Corp, came forward to address the Commission wanting to addin reference to the conservation easement commenting that they traded 37 acres <strong>of</strong>conservation easement for 50 acres <strong>of</strong> conservation easement and moved the conservationeasement to the other side <strong>of</strong> CR 300. It was done with the support <strong>of</strong>the <strong>City</strong> <strong>of</strong> <strong>Oxford</strong>over a year ago. Asset Plus wanted to build the project on the north side <strong>of</strong> the road next tothe Connection because it was better access. In order to get the easement removed the staterequired Assct Plus to come to the <strong>City</strong> and get a letter <strong>of</strong> support, which it got. They havetried to address all <strong>of</strong> the <strong>City</strong>'s concerns.IChairman Harmon asked for questions or comments from the Commission. CommissionerBradley asked the applicant what their objection to providing access to CR 300. Mr.Koshenina replied that access is provided, however due to the condition <strong>of</strong>CR300 the safersolution for this project is to encourage or force traffic to use the improved intersection at<strong>Oxford</strong> Way. Since CR300 is only 150 feet from the improved intersection the applicants8

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